'104th congress report house of representatives 2d session 104 537 making appropriations for fiscal year 1996 to make a further',
'downpayment toward a balanced budget, and for other purposes conference report to accompany h.r. 3019 april 25, 1996. ordered to',
'be printed downpayment toward a balanced budget 104th congress 2d sessiohouse of representatives report 104 537 making appropriations for fiscal',
'year 1996 to make a further downpayment toward a balanced budget, and for other purposes conference report to accompany h.r.',
'3019 april 25, 1996. ordered to be printed 104th congress report house of representatives 2d session 104 537 making appropriations',
'for fiscal year 1996 to make a further downpayment toward a balanced budget, and for other purposes april 25, 1996.',
'ordered to be printed mr. livingston, from the committee of conference, submitted the following conference report to accompany h.r. 3019',
'the committee of conference on the disagreeing votes of the two houses on the amendment of the senate to the',
'bill h.r. 3019 making appropriations for fiscal year 1996 to make a further downpayment toward a balanced budget, and for',
'other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective houses',
'as follows: that the house recede from its disagreement to the amendment of the senate, and agree to the same',
'with an amendment, as follows: in lieu of the matter stricken and inserted, insert: that the following sums are appropriated,',
'out of any money in the treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and',
'funds, for the several departments, agencies, corporations, and other organizational units of the government for the fiscal year 1996, and',
'for other purposes, namely: title i omnibus appropriations sec. 101. a for programs, projects or activities in the departments of',
'commerce, justice, and state, the judiciary, and related agencies appropriations act, 1996, provided as follows, to be effective as if',
'it had been enacted into law as the regular appropriations act: an act making appropriations for the departments of commerce,',
'justice, and state, the judiciary, and related agencies for the fiscal year ending september 30, 1996, and for other purposes.',
'title i department of justice general administration salaries and expenses for expenses necessary for the administration of the department of',
'justice, $74,282,000; including not to exceed $3,317,000 for the facilities program 2000, and including $5,000,000 for management and oversight of',
'immigration and naturalization service activities, both sums to remain available until expended: provided, that not to exceed 48 permanent positions',
'and 55 full time equivalent workyears and $7,477,000 shall be expended for the department leadership program, exclusive of augmentation that',
'occurred in these offices in fiscal year 1995: provided further, that not to exceed 76 permanent positions and 90 full',
'time equivalent workyears and $9,487,000 shall be expended for the offices of legislative affairs, public affairs and policy development: provided',
'further, that the latter three aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either',
'a reimbursable or non reimbursable basis or any other type of formal or informal transfer or reimbursement of personnel or',
'funds on either a temporary or long term basis. counterterrorism fund for necessary expenses, as determined by the attorney general,',
'$16,898,000, to remain available until expended, to reimburse any department of justice organization for 1 the costs incurred in reestablishing',
'the operational capability of an office or facility which has been damaged or destroyed as a result of the bombing',
'of the alfred p. murrah federal building in oklahoma city or any domestic or international terrorist incident, 2 the costs',
'of providing support to counter, investigate or prosecute domestic or international terrorism, including payment of rewards in connection with these',
'activities, and 3 the costs of conducting a terrorism threat assessment of federal agencies and their facilities: provided, that funds',
'provided under this section shall be available only after the attorney general notifies the committees on appropriations of the house',
'of representatives and the senate in accordance with section 605 of this act. administrative review and appeals for expenses necessary',
'for the administration of pardon and clemency petitions and immigration related activities, $38,886,000: provided, that the obligated and unobligated balances',
'of funds previously appropriated to the general administration, salaries and expenses appropriation for the executive office for immigration review and',
'the office of the pardon attorney shall be merged with this appropriation. violent crime reduction programs, administrative review and appeals',
'for activities authorized by sections 130005 and 130007 of public law 103 322, $47,780,000, to remain available until expended, which',
'shall be derived from the violent crime reduction trust fund: provided, that the obligated and unobligated balances of funds previously',
'appropriated to the general administration, salaries and expenses appropriation under title viii of public law 103 317 for the executive',
'office for immigration review shall be merged with this appropriation. office of inspector general for necessary expenses of the office',
'of inspector general in carrying out the provisions of the inspector general act of 1978, as amended, $28,960,000; including not',
'to exceed $10,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to',
'be accounted for solely under the certificate of, the attorney general; and for the acquisition, lease, maintenance and operation of',
'motor vehicles without regard to the general purchase price limitation. united states parole commission salaries and expenses for necessary expenses',
'of the united states parole commission as authorized by law, $5,446,000. legal activities salaries and expenses, general legal activities including',
'transfer of funds for expenses necessary for the legal activities of the department of justice, not otherwise provided for, including',
'not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted',
'for solely under the certificate of, the attorney general; and rent of private or government owned space in the district',
'of columbia; $401,929,000; of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: provided, that',
'of the funds available in this appropriation, not to exceed $22,618,000 shall remain available until expended for office automation systems',
'for the legal divisions covered by this appropriation, and for the united states attorneys, the antitrust division, and offices funded',
'through salaries and expenses, general administration: provided further, that of the total amount appropriated, not to exceed $1,000 shall be',
'available to the united states national central bureau, interpol, for official reception and representation expenses: provided further, that notwithstanding 31',
'u.s.c. 1342, the attorney general may accept on behalf of the united states and credit to this appropriation, gifts of',
'money, personal property and services, for the purpose of hosting the international criminal police organizations interpol american regional conference in',
'the united states during fiscal year 1996. in addition, for reimbursement of expenses of the department of justice associated with',
'processing cases under the national childhood vaccine injury act of 1986, not to exceed $4,028,000, to be appropriated from the',
'vaccine injury compensation trust fund, as authorized by section 6601 of the omnibus budget reconciliation act, 1989, as amended by',
'public law 101 512 104 stat. 1289 . in addition, for salaries and expenses, general legal activities, $12,000,000 shall be',
'made available to be derived by transfer from unobligated balances of the working capital fund in the department of justice.',
'violent crime reduction programs, general legal activities for the expeditious deportation of denied asylum applicants, as authorized by section 130005',
'of public law 103 322, $7,591,000, to remain available until expended, which shall be derived from the violent crime reduction',
'trust fund. salaries and expenses, antitrust division for expenses necessary for the enforcement of antitrust and kindred laws, $65,783,000: provided,',
'that notwithstanding any other provision of law, not to exceed $48,262,000 of offsetting collections derived from fees collected for notification',
'filings under the hart scott rodino antitrust improvements act of 1976 15 u.s.c. 18 a shall be retained and used',
'for necessary expenses in this appropriation, and shall remain available until expended: provided further, that the sum herein appropriated from',
'the general fund shall be reduced as such offsetting collections are received during fiscal year 1996, so as to result',
'in a final fiscal year 1996 appropriation from the general fund estimated at not more than $17,521,000: provided further, that',
'any fees received in excess of $48,262,000 in fiscal year 1996, shall remain available until expended, but shall not be',
'available for obligation until october 1, 1996. salaries and expenses, united states attorneys for necessary expenses of the office of',
'the united states attorneys, including intergovernmental agreements, $895,509,000, of which not to exceed $2,500,000 shall be available until september 30,',
'1997 for the purposes of 1 providing training of personnel of the department of justice in debt collection, 2 providing',
'services to the department of justice related to locating debtors and their property, such as title searches, debtor skiptracing, asset',
'searches, credit reports and other investigations, 3 paying the costs of the department of justice for the sale of property',
'not covered by the sale proceeds, such as auctioneers fees and expenses, maintenance and protection of property and businesses, advertising',
'and title search and surveying costs, and 4 paying the costs of processing and tracking debts owed to the united',
'states government: provided, that of the total amount appropriated, not to exceed $8,000 shall be available for official reception and',
'representation expenses: provided further, that not to exceed $10,000,000 of those funds available for automated litigation support contracts and $4,000,000',
'for security equipment shall remain available until expended: provided further, that in addition to reimbursable full time equivalent workyears available',
'to the office of the united states attorneys, not to exceed 8,595 positions and 8,862 full time equivalent workyears shall',
'be supported from the funds appropriated in this act for the united states attorneys. violent crime reduction programs, united states',
'attorneys for activities authorized by sections 190001 d , 40114 and 130005 of public law 103 322, $30,000,000, to remain',
'available until expended, which shall be derived from the violent crime reduction trust fund, of which $20,269,000 shall be available',
'to help meet increased demands for litigation and related activities, $500,000 to implement a program to appoint additional federal victims',
'counselors, and $9,231,000 for expeditious deportation of denied asylum applicants. united states trustee system fund for necessary expenses of the',
'united states trustee program, $102,390,000, as authorized by 28 u.s.c. 589a a , to remain available until expended, for activities',
'authorized by section 115 of the bankruptcy judges, united states trustees, and family farmer bankruptcy act of 1986 public law',
'99 554 , which shall be derived from the united states trustee system fund: provided, that deposits to the fund',
'are available in such amounts as may be necessary to pay refunds due depositors: provided further, that, notwithstanding any other',
'provision of law, not to exceed $44,191,000 of offsetting collections derived from fees collected pursuant to section 589a f of',
'title 28, united states code, as amended, shall be retained and used for necessary expenses in this appropriation: provided further,',
'that the $102,390,000 herein appropriated from the united states trustee system fund shall be reduced as such offsetting collections are',
'received during fiscal year 1996, so as to result in a final fiscal year 1996 appropriation from such fund estimated',
'at not more than $58,199,000: provided further, that any of the aforementioned fees collected in excess of $44,191,000 in fiscal',
'year 1996 shall remain available until expended, but shall not be available for obligation until october 1, 1996. salaries and',
'expenses, foreign claims settlement commission for expenses necessary to carry out the activities of the foreign claims settlement commission, including',
'services as authorized by 5 u.s.c. 3109, $830,000. salaries and expenses, united states marshals service for necessary expenses of the',
'united states marshals service; including the acquisition, lease, maintenance, and operation of vehicles and aircraft, and the purchase of passenger',
'motor vehicles for police type use without regard to the general purchase price limitation for the current fiscal year; $423,248,000,',
'as authorized by 28 u.s.c. 561 i , of which not to exceed $6,000 shall be available for official reception',
'and representation expenses. violent crime reduction programs, united states marshals service for activities authorized by section 190001 b of public',
'law 103 322, $25,000,000, to remain available until expended, which shall be derived from the violent crime reduction trust fund.',
'federal prisoner detention including transfer of funds for expenses related to united states prisoners in the custody of the united',
'states marshals service as authorized in 18 u.s.c. 4013, but not including expenses otherwise provided for in appropriations available to',
'the attorney general; $252,820,000, as authorized by 28 u.s.c. 561 i , to remain available until expended. in addition, for',
'federal prisoner detention, $9,000,000 shall be made available until expended to be derived by transfer from unobligated balances of the',
'working capital fund in the department of justice. fees and expenses of witnesses for expenses, mileage, compensation, and per diems',
'of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, and for',
'per diems in lieu of subsistence, as authorized by law, including advances, $85,000,000, to remain available until expended; of which',
'not to exceed $4,750,000 may be made available for planning, construction, renovations, maintenance, remodeling, and repair of buildings and the',
'purchase of equipment incident thereto for protected witness safesites; of which not to exceed $1,000,000 may be made available for',
'the purchase and maintenance of armored vehicles for transportation of protected witnesses; and of which not to exceed $4,000,000 may',
'be made available for the purchase, installation and maintenance of a secure automated information network to store and retrieve the',
'identities and locations of protected witnesses. salaries and expenses, community relations service for necessary expenses of the community relations service,',
'established by title x of the civil rights act of 1964, $5,319,000: provided, that notwithstanding any other provision of law,',
'upon a determination by the attorney general that emergent circumstances require additional funding for conflict prevention and resolution activities of',
'the community relations service, the attorney general may transfer such amounts to the community relations service, from available appropriations for',
'the current fiscal year for the department of justice, as may be necessary to respond to such circumstances: provided further,',
'that any transfer pursuant to this section shall be treated as a reprogramming 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. assets',
'forfeiture fund for expenses authorized by 28 u.s.c. 524 c 1 a ii , b , c , f ,',
'and g , as amended, $30,000,000 to be derived from the department of justice assets forfeiture fund. radiation exposure compensation',
'administrative expenses for necessary administrative expenses in accordance with the radiation exposure compensation act, $2,655,000. payment to radiation exposure compensation',
'trust fund for payments to the radiation exposure compensation trust fund, $16,264,000, to become available on october 1, 1996. interagency',
'law enforcement interagency crime and drug enforcement for necessary expenses for the detection, investigation, and prosecution of individuals involved in',
'organized crime drug trafficking not otherwise provided for, to include intergovernmental agreements with state and local law enforcement agencies engaged',
'in the investigation and prosecution of individuals involved in organized crime drug trafficking, $359,843,000, of which $50,000,000 shall remain available',
'until expended: provided, that any amounts obligated from appropriations under this heading may be used under authorities available to the',
'organizations reimbursed from this appropriation: provided further, that any unobligated balances remaining available at the end of the fiscal year',
'shall revert to the attorney general for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures',
'described in section 605 of this act. federal bureau of investigation salaries and expenses including transfer of funds for expenses',
'necessary for detection, investigation, and prosecution of crimes against the united states; including purchase for police type use of not',
'to exceed 1,815 passenger motor vehicles of which 1,300 will be for replacement only, without regard to the general purchase',
'price limitation for the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft;',
'and not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of,',
'and to be accounted for solely under the certificate of, the attorney general; $2,189,183,000, of which not to exceed $50,000,000',
'for automated data processing and telecommunications and technical investigative equipment and $1,000,000 for undercover operations shall remain available until september',
'30, 1997; of which not less than $102,345,000 shall be for counterterrorism investigations, foreign counterintelligence, and other activities related to',
'our national security; of which not to exceed $98,400,000 shall remain available until expended; of which not to exceed $10,000,000',
'is authorized to be made available for making payments or advances for expenses arising out of contractual or reimbursable agreements',
'with state and local law enforcement agencies while engaged in cooperative activities related to violent crime, terrorism, organized crime, and',
'drug investigations; and of which $1,500,000 shall be available to maintain an independent program office dedicated solely to the relocation',
'of the criminal justice information services division and the automation of fingerprint identification services: provided, that not to exceed $45,000',
'shall be available for official reception and representation expenses: provided further, that $58,000,000 shall be made available for ncic 2000,',
'of which not less than $35,000,000 shall be derived from adp and telecommunications unobligated balances, in addition, $22,000,000 shall be',
'derived by transfer and available until expended from unobligated balances in the working capital fund of the department of justice.',
'violent crime reduction programs for activities authorized by public law 103 322, $218,300,000, to remain available until expended, which shall',
'be derived from the violent crime reduction trust fund, of which $208,800,000 shall be for activities authorized by section 190001',
'c ; $4,000,000 for training and investigative assistance authorized by section 210501 c 2 ; and $5,500,000 for establishing dna',
'quality assurance and proficiency testing standards, establishing an index to facilitate law enforcement exchange of dna identification information, and related',
'activities authorized by section 210306. construction for necessary expenses to construct or acquire buildings and sites by purchase, or as',
'otherwise authorized by law including equipment for such buildings ; conversion and extension of federally owned buildings; and preliminary planning',
'and design of projects; $97,589,000, to remain available until expended. drug enforcement administration salaries and expenses for necessary expenses of',
'the drug enforcement administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended',
'under the direction of, and to be accounted for solely under the certificate of, the attorney general; expenses for conducting',
'drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items',
'of token value that promote the goals of such programs; purchase of not to exceed 1,208 passenger motor vehicles, of',
'which 1,178 will be for replacement only, for police type use without regard to the general purchase price limitation for',
'the current fiscal year; and acquisition, lease, maintenance, and operation of aircraft; $750,168,000, of which not to exceed $1,800,000 for',
'research and $15,000,000 for transfer to the drug diversion control fee account for operating expenses shall remain available until expended,',
'and of which not to exceed $4,000,000 for purchase of evidence and payments for information, not to exceed $4,000,000 for',
'contracting for adp and telecommunications equipment, and not to exceed $2,000,000 for technical and laboratory equipment shall remain available until',
'september 30, 1997, and of which not to exceed $50,000 shall be available for official reception and representation expenses. violent',
'crime reduction programs for activities authorized by sections 180104 and 190001 b of public law 103 322, $60,000,000, to remain',
'available until expended, which shall be derived from the violent crime reduction trust fund. immigration and naturalization service salaries and',
'expenses for expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization,',
'and alien registration, including not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under',
'the direction of, and to be accounted for solely under the certificate of, the attorney general; purchase for police type',
'use not to exceed 813 of which 177 are for replacement only without regard to the general purchase price limitation',
'for the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and research',
'related to immigration enforcement; $1,394,825,000, of which $36,300,000 shall remain available until september 30, 1997; of which $506,800,000 is available',
'for the border patrol; of which not to exceed $400,000 for research shall remain available until expended; and of which',
'not to exceed $10,000,000 shall be available for costs associated with the training program for basic officer training: provided, that',
'none of the funds available to the immigration and naturalization service shall be available for administrative expenses to pay any',
'employee overtime pay in an amount in excess of $25,000 during the calendar year beginning january 1, 1996: provided further,',
'that uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: provided further,',
'that not to exceed $5,000 shall be available for official reception and representation expenses: provided further, that the attorney general',
'may transfer to the department of labor and the social security administration not to exceed $10,000,000 for programs to verify',
'the immigration status of persons seeking employment in the united states: provided further, that none of the funds provided in',
'this or any other act shall be used for the continued operation of the san clemente and temecula checkpoints unless:',
'1 the checkpoints are open and traffic is being checked on a continuous 24 hour basis and 2 the immigration',
'and naturalization service undertakes a commuter lane facilitation pilot program at the san clemente checkpoint within 90 days of enactment',
'of this act: provided further, that the immigration and naturalization service shall undertake the renovation and improvement of the san',
'clemente checkpoint, to include the addition of two to four lanes, and which shall be exempt from federal procurement regulations',
'for contract formation, from within existing balances in the immigration and naturalization service construction account: provided further, that if renovation',
'of the san clemente checkpoint is not completed by july 1, 1996, the san clemente checkpoint will close until such',
'time as the renovations and improvements are completed unless funds for the continued operation of the checkpoint are provided and',
'made available for obligation and expenditure in accordance with procedures set forth in section 605 of this act, as the',
'result of certification by the attorney general that exigent circumstances require the checkpoint to be open and delays in completion',
'of the renovations are not the result of any actions that are or have been in the control of the',
'department of justice: provided further, that the office of public affairs at the immigration and naturalization service shall conduct its',
'business in areas only relating to its central mission, including: research, analysis, and dissemination of information, through the media and',
'other communications outlets, relating to the activities of the immigration and naturalization service: provided further, that the office of congressional',
'relations at the immigration and naturalization service shall conduct business in areas only relating to its central mission, including: providing',
'services to members of congress relating to constituent inquiries and requests for information; and working with the relevant congressional committees',
'on proposed legislation affecting immigration matters: provided further, that in addition to amounts otherwise made available in this title to',
'the attorney general, the attorney general is authorized to accept and utilize, on behalf of the united states, the $100,000',
'innovation in american government award for 1995 from the ford foundation for the immigration and naturalization services operation jobs program.',
'violent crime reduction programs for activities authorized by sections 130005, 130006, and 130007 of public law 103 322, $316,198,000, to',
'remain available until expended, which will be derived from the violent crime reduction trust fund, of which $38,704,000 shall be',
'for expeditious deportation of denied asylum applicants, $231,570,000 for improving border controls, and $45,924,000 for expanded special deportation proceedings: provided,',
'that of the amounts made available, $75,765,000 shall be for the border patrol. 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, $25,000,000, to remain available until expended. federal prison system salaries and expenses for expenses necessary',
'for the administration, operation, and maintenance of federal penal and correctional institutions, including purchase not to exceed 853, of which',
'559 are for replacement only and hire of law enforcement and passenger motor vehicles; and for the provision of technical',
'assistance and advice on corrections related issues to foreign governments; $2,567,578,000: provided, that there may be transferred to the health',
'resources and services administration such amounts as may be necessary, in the discretion of the attorney general, for direct expenditures',
'by that administration for medical relief for inmates of federal penal and correctional institutions: provided further, that the 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 individuals 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 $50,000,000 for the activation of new facilities shall remain 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 expended to',
'make payments in advance for grants, contracts and reimbursable agreements and other expenses authorized by section 501 c of the',
'refugee education assistance act of 1980 for the care and security in the united states of cuban and haitian entrants:',
'provided further, that no funds appropriated in this act shall be used to privatize any federal prison facilities located in',
'forrest city, arkansas, and yazoo city, mississippi. violent crime reduction programs for substance abuse treatment in federal prisons as authorized',
'by section 32001 e of public law 103 322, $13,500,000, to remain available until expended, which shall be derived from',
'the violent crime reduction trust fund. buildings and facilities for planning, acquisition of sites and construction of new facilities; leasing',
'the oklahoma city airport trust facility; purchase and acquisition of facilities and remodeling and equipping of such facilities for penal',
'and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary',
'buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account;',
'$334,728,000, to remain available until expended, of which not to exceed $14,074,000 shall be available to construct areas for inmate',
'work programs: provided, that labor of united states prisoners may be used for work performed under this appropriation: provided 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 expenses, federal prison system upon notification by the attorney general to the committees',
'on appropriations of the house of representatives and the senate in compliance with provisions set forth in section 605 of',
'this act: provided further, that of the total amount appropriated, not to exceed $22,351,000 shall be available for the renovation',
'and construction of united states marshals service prisoner holding facilities. federal prison industries, incorporated the federal prison industries, incorporated, is',
'hereby 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 commitments, without regard to fiscal year limitations as provided by section 9104 of',
'title 31, united states code, as may be necessary in carrying out the program set forth in the budget for',
'the current fiscal year for such corporation, including purchase of not to exceed five for replacement only and hire of',
'passenger motor vehicles. limitation on administrative expenses, federal prison industries, incorporated not to exceed $3,559,000 of the funds of the',
'corporation shall be available for its administrative expenses, and for services as authorized by 5 u.s.c. 3109, to be computed',
'on an accrual basis to be determined in accordance with the corporations current prescribed accounting system, and such amounts shall',
'be exclusive of depreciation, payment of claims, and expenditures which the said accounting system requires to be capitalized or charged',
'to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation,',
'maintenance, improvement, protection, or disposition of facilities and other property belonging to the 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 crime control and safe streets act of 1968, as amended, and the missing childrens assistance act, as amended,',
'including salaries and expenses in connection therewith, and with the victims of crime act of 1984, as amended, $99,977,000, to',
'remain available until expended, as authorized by section 1001 of title i of the omnibus crime control and safe streets',
'act, as amended by public law 102 534 106 stat. 3524 . violent crime reduction programs, justice assistance for assistance',
'including amounts for administrative costs for management and administration, which amounts shall be transferred to and merged with the justice',
'assistance account authorized by the violent crime control and law enforcement act of 1994, public law 103 322 the 1994',
'act ; the omnibus crime control and safe streets act of 1968, as amended the 1968 act ; and the',
'victims of child abuse act of 1990, as amended the 1990 act ; $202,400,000, to remain available until expended, which',
'shall be derived from the violent crime reduction trust fund; of which $6,000,000 shall be for the court appointed special',
'advocate program, as authorized by section 218 of the 1990 act; $750,000 for child abuse training programs for judicial personnel',
'and practitioners, as authorized by section 224 of the 1990 act; $130,000,000 for grants to combat violence against women to',
'states, units of local governments and indian tribal governments, as authorized by section 1001 a 18 of the 1968 act;',
'$28,000,000 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 for rural domestic violence and child abuse enforcement assistance grants, as',
'authorized by section 40295 of the 1994 act; $1,000,000 for training programs to assist probation and parole officers who work',
'with released sex offenders, as authorized by section 40152 c of the violent crime control and law enforcement act of',
'1994; $50,000 for grants for televised testimony, as authorized by section 1001 a 7 of the omnibus crime control and',
'safe streets act of 1968; $200,000 for the study of state databases on the incidence of sexual and domestic violence,',
'as authorized by section 40292 of the violent crime control and law enforcement act of 1994; $1,500,000 for national stalker',
'and domestic violence reduction, as authorized by section 40603 of the 1994 act; $27,000,000 for grants for residential substance abuse',
'treatment for state prisoners authorized by section 1001 a 17 of the 1968 act; and $900,000 for the missing alzheimers',
'disease patient alert program, as authorized by section 240001 d of the 1994 act: provided, that any balances for these',
'programs shall be transferred to and merged with this appropriation. state and local law enforcement assistance for grants, contracts, cooperative',
'agreements, and other assistance authorized by part e of title i of the omnibus crime control and safe streets act',
'of 1968, as amended, for state and local narcotics control and justice assistance improvements, notwithstanding the provisions of section 511',
'of said act, $388,000,000, to remain available until expended, as authorized by section 1001 of title i of said act,',
'as amended by public law 102 534 106 stat. 3524 , of which $60,000,000 shall be available to carry out',
'the provisions of chapter a of subpart 2 of part e of title i of said act, for discretionary grants',
'under the edward byrne memorial state and local law enforcement assistance programs: provided, that balances of amounts appropriated prior to',
'fiscal year 1995 under the authorities of this account shall be transferred to and merged with this account. violent crime',
'reduction programs, state and local law enforcement assistance for assistance including amounts for administrative costs for management and administration, which',
'amounts shall be transferred to and merged with the justice assistance account authorized by the violent crime control and law',
'enforcement act of 1994, public law 103 322 the 1994 act ; the omnibus crime control and safe streets act',
'of 1968, as amended the 1968 act ; and the victims of child abuse act of 1990, as amended the',
'1990 act ; $1,605,200,000, to remain available until expended, which shall be derived from the violent crime reduction trust fund;',
'of which $503,000,000 shall be for local law enforcement block grants, pursuant to h.r. 728 as passed by the house',
'of representatives on february 14, 1995, except that for purposes of this act, the commonwealth of puerto rico shall be',
'considered a unit of local government as well as a state, for the purposes set forth in paragraphs a ,',
'b , d , f , and i of section 101 a 2 of h.r. 728 and for establishing crime',
'prevention programs involving cooperation between community residents and law enforcement personnel in order to control, detect, or investigate crime or',
'the prosecution of criminals: provided, that no funds provided under this heading may be used as matching funds for any',
'other federal grant program: provided further, that notwithstanding any other provision of this title, the attorney general may transfer up',
'to $18,000,000 of this amount for drug courts pursuant to title v of the 1994 act, consistent with the reprogramming',
'procedures outlined in section 605 of this act: provided further, that in lieu of any amount provided from the local',
'law enforcement block grant for the district of columbia, $15,000,000 shall be deposited into an escrow account of the district',
'of columbia financial responsibility and management assistance authority, pursuant to section 205 of public law 104 8, for the district',
'of columbia metropolitan police department for law enforcement purposes and shall be disbursed from such escrow account pursuant to the',
'instructions of the authority and in accordance with a plan developed by the chief of police, after consultation with the',
'committees on appropriations and judiciary of the senate and house of representatives: provided further, that $11,000,000 of this amount shall',
'be for boys & girls clubs of america for the establishment of boys & girls clubs in public housing facilities',
'and other areas in cooperation with state and local law enforcement: provided further, that funds may also be used to',
'defray the costs of indemnification insurance for law enforcement officers; $25,000,000 for grants to upgrade criminal records, as authorized by',
'section 106 b of the brady handgun violence prevention act of 1993, as amended, and section 4 b of the',
'national child protection act of 1993; $147,000,000 as authorized by section 1001 of title i of the 1968 act, which',
'shall be available to carry out the provisions of subpart 1, part e of title i of the 1968 act,',
'notwithstanding section 511 of said act, for the edward byrne memorial state and local law enforcement assistance programs; $300,000,000 for',
'the state criminal alien assistance program, as authorized by section 242 j of the immigration and nationality act, as amended;',
'$617,500,000 for violent offender incarceration and truth in sentencing incentive grants pursuant to subtitle a of title ii of the',
'violent crime control and law enforcement act of 1994 as amended by section 114 of this act , of which',
'$200,000,000 shall be available for payments to states for incarceration of criminal aliens, and of which $12,500,000 shall be available',
'for the cooperative agreement program; $1,000,000 for grants to states and units of local government for projects to improve dna',
'analysis, as authorized by section 1001 a 22 of the 1968 act; $9,000,000 for improved training and technical automation grants,',
'as authorized by section 210501 c 1 of the 1994 act; $1,000,000 for law enforcement family support programs, as authorized',
'by section 1001 a 21 of the 1968 act; $500,000 for motor vehicle theft prevention programs, as authorized by section',
'220002 h of the 1994 act; $1,000,000 for gang investigation coordination and information collection, as authorized by section 150006 of',
'the 1994 act; $200,000 for grants as authorized by section 32201 c 3 of the 1994 act: provided further, that',
'funds made available in fiscal year 1996 under subpart 1 of part e of title i of the omnibus crime',
'control and safe streets act of 1968, as amended, may be obligated for programs to assist states in the litigation',
'processing of death penalty federal habeas corpus petitions: provided further, that any 1995 balances for these programs shall be transferred',
'to and merged with this 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 officers who perform nonadministrative public safety service. community oriented policing services',
'violent crime reduction programs for activities authorized by the violent crime control and law enforcement act of 1994, public law',
'103 322 the 1994 act including administrative costs ; $1,400,000,000, to remain available until expended, which shall be derived froim',
'the violent crime reduction trust fund, for public safety and community policing grants pursuant to title i of the 1994',
'act: provided, that of this amount, $10,000,000 shall be available for programs of police corps education, training and service as',
'set forth in sections 200101 200113 of the 1994 act: provided further, that not to exceed 130 permanent positions and',
'130 full time equivalent workyears and $14,602,000 shall be expended for program management and administration. weed and seed program fund',
'for necessary expenses, including salaries and related expenses of the executive office for weed and seed, to implement weed and',
'seed program activities, $28,500,000, which shall be derived from discretionary grants provided under the edward byrne memorial state and local',
'law enforcement assistance programs, to remain available until expended for intergovernmental agreements, including grants, cooperative agreements, and contracts, with state',
'and local law enforcement agencies engaged in the investigation and prosecution of violent crimes and drug offenses in weed and',
'seed designated communities, and for either reimbursements or transfers to appropriation accounts of the department of justice and other federal',
'agencies which shall be specified by the attorney general to execute the weed and seed program strategy: provided, that funds',
'designated by congress through language for other department of justice appropriation accounts for weed and seed program activities shall be',
'managed and executed by the attorney general through the executive office for weed and seed: provided further, that the attorney',
'general may direct the use of other department of justice funds and personnel in support of weed and seed program',
'activities only after the attorney general notifies the committees on appropriations of the house of representatives and the senate 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, including salaries and expenses in connection therewith to be',
'transferred to and merged with the appropriations for justice assistance, $144,000,000, to remain available until expended, as authorized by section',
'299 of part i of title ii and section 506 of title v of the act, as amended by public',
'law 102 586, of which: 1 $100,000,000 shall be available for expenses authorized by parts a, b, and c of',
'title ii of the act; 2 $10,000,000 shall be available for expenses authorized by sections 281 and 282 of part',
'd of title ii of the act for prevention and treatment programs relating to juvenile gangs; 3 $10,000,000 shall be',
'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 agreements, and other assistance authorized by the victims of child abuse act of 1990,',
'as amended, $4,500,000, to remain available until expended, as authorized by section 214b, of the act: provided, that balances of',
'amounts appropriated prior to fiscal year 1995 under the authorities of this account shall be transferred to and merged with',
'this account. public safety officers benefits for payments authorized by part l of title i of the omnibus crime control',
'and safe streets act of 1968 42 u.s.c. 3796 , as amended, such sums as are necessary, to remain available',
'until expended, as authorized by section 6093 of public law 100 690 102 stat. 4339 4340 , and, in addition,',
'$2,134,000, to remain available until expended, for payments as authorized by section 1201 b of said act. general provisions department',
'of justice sec. 114. a grant program. subtitle a of title ii of the violent crime control and law enforcement',
'act of 1994 is amended to read as follows: subtitle a violent offender incarceration and truth in sentencing incentive grants',
'sec. 20101. definitions. unless otherwise provided, for purposes of this subtitle 1 the term indeterminate sentencing means a system by',
'which a the court may impose a sentence of a range defined by statute; and b an administrative agency, generally',
'the parole board, or the court, controls release within the statutory range; 2 the term part 1 violent crime means',
'murder and nonnegligent manslaughter, forcible rape, robbery, and 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, the commonwealth of puerto rico, the united states virgin islands, american samoa, guam, and the northern mariana islands. sec.',
'20102. authorization of grants. a in general. the attorney general shall provide violent offender incarceration grants under section 20103 and',
'truth in sentencing incentive grants under section 20104 to eligible states 1 to build or expand correctional facilities to increase',
'the bed capacity for the confinement of persons convicted of a part 1 violent crime or adjudicated delinquent for an',
'act which if committed by an adult, would be a part 1 violent crime; 2 to build or expand temporary',
'or permanent correctional facilities, including facilities on military bases, prison barges, and boot camps, for the confinement of convicted nonviolent',
'offenders and criminal aliens, for the purpose of freeing suitable existing prison space for the confinement of persons convicted of',
'a part 1 violent crime; and 3 to build or expand jails. b regional compacts. 1 in general. subject to',
'paragraph 2 , states may enter into regional compacts to carry out this subtitle. such compacts shall be treated as',
'states under this subtitle. 2 requirement. to be recognized as a regional compact for eligibility for a grant under section',
'20103 or 20104, each member state must be eligible individually. 3 limitation on receipt of funds. no state may receive',
'a grant under this subtitle both individually and as part of a compact. c applicability. notwithstanding the eligibility requirements of',
'section 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 section 20104',
'of this subtitle. sec. 20103. violent offender incarceration grants. a eligibility for minimum grant. to be eligible to receive a',
'minimum grant under this section, a state shall submit an application to the attorney general that provides assurances that the',
'state has implemented, or will implement, correctional policies and programs, including truth in sentencing laws that ensure 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 prison time served is appropriately related to the determination that the inmate is a',
'violent offender and for a period of time deemed necessary to protect the public. b additional amount for increased percentage',
'of persons sentenced and time served. a state that received a grant under subsection a is eligible to receive additional',
'grant amounts if such state demonstrates that the state has, since 1993 1 increased the percentage of persons arrested for',
'a part 1 violent crime sentenced to prison; or 2 increased the average prison time actually served or the average',
'percent of sentence served by persons convicted of a part 1 violent crime. receipt of grant amounts under this subsection',
'does not preclude eligibility for a grant under subsection c . c additional amount for increased rate of incarceration and',
'percentage of sentence served. a state that received a grant under subsection a is eligible to receive additional grant amounts',
'if such state demonstrates that the state has 1 since 1993, increased the percentage of persons arrested for a part',
'1 violent crime sentenced to prison, and has increased the average percent of sentence served by persons convicted of a',
'part 1 violent crime; or 2 has increased by 10 percent or more over the most recent 3 year period',
'the number of new court commitments to prison of persons convicted of part 1 violent crimes. receipt of grant amounts',
'under this subsection does not preclude eligibility for a grant under subsection b . sec. 20104. truth in sentencing incentive',
'grants. a eligibility. to be eligible to receive a grant award under this section, a state shall submit an application',
'to the attorney general that demonstrates that 1 such state has implemented truth in sentencing laws that a require persons',
'convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed without counting',
'time not actually served, such as administrative or statutory incentives for good behavior ; or b result in persons convicted',
'of a part 1 violent crime serving on average not less than 85 percent of the sentence imposed without 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 without counting time not actually served, such as administrative or',
'statutory incentives for good behavior ; or 3 in the case of a state that on the date of enactment',
'of the departments of commerce, justice, and state, the judiciary, and related agencies appropriations act, 1996, practices indeterminate sentencing with',
'regard to any part 1 violent crime a persons convicted of a part 1 violent crime on average serve not',
'less than 85 percent of the prison term established under the states sentencing and release guidelines; or b persons convicted',
'of a part 1 violent crime on average serve not less than 85 percent of the maximum prison term allowed',
'under the sentence imposed by the court 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 precludes the prisoner',
'from posing a threat to the public, but only after a public hearing in which representatives of the public and',
'the prisoners 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 allocated in a fiscal year pursuant to section 20106 for counties and units of',
'local government to construct, 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 government that results from the implementation of policies adopted by the state to carry',
'out section 20103 or 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. notwithstanding any other provision of this subtitle, if a state,',
'or unit of local government located in a state that otherwise meets the requirements of section 20103 or 20104, certifies',
'to the attorney general that exigent circumstances exist that require the state to expend funds to build or expand facilities',
'to confine juvenile offenders other than juvenile offenders adjudicated delinquent for an act which, if committed by an adult, would',
'be a part 1 violent crime, the state may use funds received under this subtitle to build or expand juvenile',
'correctional facilities or pretrial detention facilities for juvenile offenders. d private facilities. a state may use funds received under this',
'subtitle for the privatization of facilities to carry out the purposes of section 20102. e definition. for purposes of this',
'subtitle, part 1 violent crime means a part 1 violent crime as defined in section 20101 3 , or a',
'crime in a reasonably comparable class of serious violent crimes as approved by the attorney general. sec. 20106. formula for',
'grants. a allocation of violent offender incarceration grants under section 20103. 1 formula allocation. 85 percent of the amount available',
'for grants under section 20103 for any fiscal year shall be allocated as follows except that a state may not',
'receive more than 9 percent of the total amount of funds made available under this paragraph : a 0.75 percent',
'shall be allocated to each state that meets the requirements of section 20103 a , except that the united states',
'virgin islands, american samoa, guam, and the commonwealth of the northern mariana islands, if eligible under section 20103 a ,',
'shall each be allocated 0.05 percent. b the amount remaining after application of subparagraph a shall be allocated to each',
'state that meets the requirements of section 20103 b , in the ratio that the number of part 1 violent',
'crimes reported by such state to the federal bureau of investigation for the 3 years preceding the year in which',
'the determination is made, bears to the average annual number of part 1 violent crimes reported by all states that',
'meet the requirements of section 20103 b to the federal bureau of investigation for the 3 years preceding the year',
'in which the determination is made. 2 additional allocation. 15 percent of the amount available for grants under section 20103',
'for any fiscal year shall be allocated to each state that meets the requirements of section 20103 c as follows:',
'a 3.0 percent shall be allocated to each state that meets the requirements of section 20103 c , except that',
'the united states virgin islands, american samoa, guam, and the commonwealth of the northern mariana islands, if eligible under such',
'subsection, shall each be allocated 0.03 percent. b the amount remaining after application of subparagraph a shall be allocated to',
'each state that meets the requirements of section 20103 c , in the ratio that the number of part 1',
'violent crimes reported by such state to the federal bureau of investigation for the 3 years preceding the year in',
'which the determination is made, bears to the average annual number of part 1 violent crimes reported by all states',
'that meet the requirements of section 20102 c to the federal bureau of investigation for the 3 years preceding the',
'year in which the determination is made. b allocation of truth in sentencing grants under section 20104. the amounts available',
'for grants for section 20104 shall be allocated to each state that meets the requirements of section 20104 in the',
'ratio that the average annual number of part 1 violent crimes reported by such state to the federal bureau of',
'investigation for the 3 years preceding the year in which the determination is made bears to the average annual number',
'of part 1 violent crimes reported by states that meet the requirements of section 20104 to the federal bureau of',
'investigation for the 3 years preceding the year in which the determination is made, except that a state may not',
'receive more than 25 percent of the total amount available for such grants. c unavailable data. if data regarding part',
'1 violent crimes in any state is substantially inaccurate or is unavailable for the 3 years preceding the year in',
'which the determination is made, the attorney general shall utilize the best available comparable data regarding the number of violent',
'crimes for the previous year for the state for the purposes of allocation of funds under this subtitle. d regional',
'compacts. in determining the amount of funds that states organized as a regional compact may receive, the attorney general shall',
'first apply the formula in either subsection a or b and c of this section to each member state of',
'the compact. the states organized as a regional compact may receive the sum of the amounts so determined. sec. 20107.',
'accountability. a fiscal requirements. a state that receives funds under this subtitle shall use accounting, audit, and fiscal procedures that',
'conform to guidelines prescribed by the attorney general, and shall ensure that any funds used to carry out the programs',
'under section 20102 a shall represent the best value for the state governments at the lowest possible cost and employ',
'the best available technology. b administrative provisions. the administrative 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 $2,527,000,000 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. of the amounts remaining after the allocation of funds for the purposes set',
'forth under sections 20110, 20111, and 20109, the attorney general shall, from amounts authorized to be appropriated under paragraph 1',
'for each fiscal year, distribute 50 percent for incarceration grants under section 20103, and 50 percent for incentive grants under',
'section 20104. b distribution of minimum amounts. the attorney general shall distribute minimum amounts allocated for section 20103 a to',
'an eligible state not later than 30 days after receiving an application that demonstrates that such state qualifies for a',
'violent offender incarceration grant under section 20103 or a truth in sentencing incentive grant under section 20104. b limitations on',
'funds. 1 uses of funds. except as provided in section 20110 and 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 absence of federal funds, be made available from state sources. 3 administrative costs.',
'not more than 3 percent of the funds that remain available after carrying out sections 20109, 20110, and 20111 shall',
'be available to the attorney general for purposes of a administration; b research and evaluation, including assessment of the effect',
'on public safety and other effects of the expansion of correctional capacity and sentencing reforms implemented pursuant to this subtitle;',
'c technical assistance relating to the use of grant funds, and development and implementation of sentencing reforms implemented pursuant to',
'this subtitle; and d data collection and improvement of information systems relating to the confinement of violent offenders and other',
'sentencing and correctional matters. 4 carryover of appropriations. funds appropriated pursuant to this section during any fiscal year shall remain',
'available until expended. 5 matching funds. the federal share of a grant received under this subtitle may not exceed 90',
'percent of the costs of a proposal as described in an application approved under this subtitle. sec. 20109. payments for',
'incarceration on tribal lands. a reservation of funds. notwithstanding any other provision of this subtitle other than section 20108 a',
'2 , from amounts appropriated to carry out sections 20103 and 20104, the attorney general shall reserve, to carry out',
'this section 1 0.3 percent in each of fiscal years 1996 and 1997; and 2 0.2 percent in each of',
'fiscal years 1998, 1999, and 2000. b grants to indian tribes. from the amounts reserved under subsection a , the',
'attorney general may make grants to indian tribes for the purposes of constructing jails on tribal lands for the incarceration',
'of offenders subject to tribal jurisdiction. c applications. to be eligible to receive a grant under this section, an indian',
'tribe shall submit to the attorney general an application in such form and containing such information as the attorney general',
'may by regulation require. sec. 20110. payments to eligible states for incarceration of criminal aliens. a in general. the attorney',
'general shall make a payment to each state which is eligible under section 242 j of the immigration and nationality',
'act in such amount as is determined under section 242 j , and for which payment is not made to',
'such state for such fiscal year under such section. b authorization of appropriations. notwithstanding any other provision of this subtitle,',
'there are authorized to be appropriated to carry out this section from amounts authorized under section 20108, an amount which',
'when added to amounts appropriated to carry out section 242 j of the immigration and nationality act for fiscal year',
'1996 equals $500,000,000 and for each of the fiscal years 1997 through 2000 does not exceed $650,000,000. c administration. the',
'amounts appropriated to carry out this section shall be reserved from the total amount appropriated for each fiscal year and',
'shall be added to the other funds appropriated to carry out section 242 j of the immigration and nationality act',
'and administered under such section. d 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. notwithstanding any other provision of this subtitle other than section 20108 a 2 , there',
'are authorized to be appropriated from amounts authorized under section 20108 for each of 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 october',
'1, 1996, and each subsequent july 1 thereafter, the attorney general shall report to the congress on the implementation of',
'this subtitle, including a report on the eligibility of the states under sections 20103 and 20104, and the distribution and',
'use of funds under this subtitle.. b conforming amendments. 1 omnibus crime control and safe streets act of 1968. a',
'part v. part v of title i of the omnibus crime control and safe streets act of 1968 is repealed.',
'b funding. i section 1001 a of the omnibus crime control and safe streets act of 1968 is amended by',
'striking paragraph 20 . ii notwithstanding the provisions of subparagraph a , any funds that remain available to an applicant',
'under paragraph 20 of title i of the omnibus crime control and safe streets act of 1968 shall be used',
'in accordance with part v of such act as if such act was in effect on the day preceding the',
'date of enactment of this act. 2 violent crime control and law enforcement act of 1994. a table of contents.',
'the table of contents of the violent crime control and law enforcement act of 1994 is amended by striking the',
'matter relating to title v. b compliance. notwithstanding the provisions of paragraph 1 , any funds that remain available to',
'an applicant under title v of the violent crime control and law enforcement act of 1994 shall be used in',
'accordance with such subtitle as if such subtitle was in effect on the day preceding the date of enactment of',
'this act. c truth in sentencing. the table of contents of the violent crime control and law enforcement act of',
'1994 is amended by striking the matter relating to subtitle a of title ii and inserting the following: subtitle a',
'violent offender incarceration and truth in sentencing incentive grants sec. 20101. definitions. sec. 20102. authorization of grants. sec. 20103. violent',
'offender incarceration 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 eligible',
'states for incarceration of criminal aliens. sec. 20111. support of federal prisoners in non federal institutions. sec. 20112. report by',
'the attorney general.. sec. 120. the pilot debt collection project authorized by public law 99 578, as amended, is extended',
'through september 30, 1997. sec. 121. the definition of educational expenses in section 200103 of the violent crime control and',
'law enforcement act of 1994, public law 103 322, is amended to read as follows: educational expenses means expenses that',
'are directly attributable to a course of education leading to the award of either a baccalaureate or graduate degree in',
'a course of study which, in the judgment of the state or local police force to which the participant will',
'be assigned, includes appropriate preparation for police service including the cost of tuition, fees, books, supplies, transportation, room and board',
'and miscellaneous expenses. sec. 122. section 524 c of title 28, united states code, is amended by striking subparagraph 8',
'e , as added by section 110 of the department of justice and related agencies appropriations act, 1995 p.l. 103',
'317, 108 stat. 1735 1994 . 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 passenger',
'motor vehicles and the employment of experts and consultants as authorized by 5 u.s.c. 3109, $20,889,000, of which $2,500,000 shall',
'remain available until expended: provided, that not to exceed $98,000 shall be available for official reception and representation expenses. international',
'trade commission salaries and expenses for necessary expenses of the international trade commission, including hire of passenger motor vehicles and',
'services as authorized by 5 u.s.c. 3109, and not to exceed $2,500 for official reception and representation expenses, $40,000,000, to',
'remain available until expended. department of commerce international trade administration operations and administration for necessary expenses for international trade activities',
'of the department of commerce provided for by law, and engaging in trade promotional activities abroad, including expenses of grants',
'and cooperative agreements for the purpose of promoting exports of united states firms, without regard to 44 u.s.c. 3702 and',
'3703; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel',
'and transportation of employees of the united states and foreign commercial service between two points abroad, without regard to 49',
'u.s.c. 1517; employment of americans and aliens by contract for services; rental of space abroad for periods not exceeding ten',
'years, and expenses of alteration, repair, or improvement; purchase or construction of temporary 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 countries; not to exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad,',
'not to exceed $30,000 per vehicle; obtain insurance on official motor vehicles; and rent tie lines and teletype equipment; $264,885,000,',
'to remain available until expended: provided, that the provisions of the first sentence of section 105 f and all of',
'section 108 c of the mutual educational and cultural exchange act of 1961 22 u.s.c. 2455 f and 2458 c',
'shall apply in carrying out these activities without regard to 15 u.s.c. 4912; and that for the purpose of this',
'act, contributions under the provisions of the mutual educational and cultural exchange act shall include payment for assessments for services',
'provided as part of these activities. export administration operations and administration for necessary expenses for export administration and national security',
'activities of the department of commerce, including costs associated with the performance of export administration field activities both domestically and',
'abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of americans and aliens by',
'contract for services abroad; rental of space abroad for periods not exceeding ten years, and expenses of alteration, repair, or',
'improvement; payment of tort claims, in the manner authorized in the first paragraph of 28 u.s.c. 2672 when such claims',
'arise in foreign countries; not to exceed $15,000 for official representation expenses abroad; awards of compensation 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 vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any',
'price limitation otherwise established by law; $38,604,000, to remain available until expended: provided, that the provisions of the first sentence',
'of section 105 f and all of section 108 c of the mutual educational and cultural exchange act of 1961',
'22 u.s.c. 2455 f and 2458 c shall apply in carrying out these activities: provided further, that payments and contributions',
'collected and accepted for materials or services provided as part of such activities may be retained for use in covering',
'the cost of such activities, and for providing information to the public with respect to the export administration and national',
'security activities of the department of commerce and other export control programs of the united states and other governments. economic',
'development administration economic development assistance programs for grants for economic development assistance as provided by the public works and economic',
'development act of 1965, as amended, public law 91 304, and such laws that were in effect immediately before september',
'30, 1982, and for trade adjustment assistance, $328,500,000: provided, that none of the funds appropriated or otherwise made available under',
'this heading may be used directly or indirectly for attorneys or consultants fees in connection with securing grants and contracts',
'made by the economic development administration: provided further, 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 development act of 1965, as amended, without it being required that',
'the grantee have title or ability to obtain a lease for the property, for the useful life of the project,',
'when in the opinion of the secretary of commerce, such financial assistance is necessary for the economic development of the',
'area: provided further, that the secretary of commerce may, as the secretary considers appropriate, consult with the secretary of defense',
'regarding the title to land on military installations closed or scheduled for closure or realignment. salaries and expenses for necessary',
'expenses of administering the economic 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 community emergency drought relief act of 1977. minority business',
'development agency minority business development for necessary expenses of the department of commerce in fostering, promoting, and developing minority business',
'enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $32,000,000. economic and information infrastructure economic',
'and statistical analysis salaries and expenses for necessary expenses, as authorized by law, of economic and statistical analysis programs of',
'the department of commerce, $45,900,000, to remain available until september 30, 1997. economics and statistics administration revolving fund the secretary',
'of commerce is authorized to disseminate 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 incurred in their production. notwithstanding 31 u.s.c. 3302, receipts',
'received from these data dissemination activities shall be credited to this account, to be available for carrying out these purposes',
'without further appropriation. bureau of the census salaries and expenses for expenses necessary for collecting, compiling, analyzing, preparing, and publishing',
'statistics, provided for by law, $133,812,000. periodic censuses and programs for expenses necessary to collect and publish statistics for periodic',
'censuses and programs provided for by law, $150,300,000, to remain available until expended. national telecommunications and information administration salaries and',
'expenses for necessary expenses, as provided for by law, of the national telecommunications and information administration, $17,000,000 to remain available',
'until expended: provided, that notwithstanding 31 u.s.c. 1535 d , the secretary of commerce is authorized to charge federal agencies',
'for spectrum management, analysis, and operations, and related services: provided further, that the secretary of commerce is authorized to retain',
'and use as offsetting collections all funds transferred, or previously transferred, from other government agencies for spectrum management, analysis, and',
'operations, and related services and for all costs incurred in telecommunications research, engineering, and related activities by the institute for',
'telecommunication sciences of the ntia in furtherance of its assigned functions under this paragraph, and such funds received from other',
'government agencies shall remain available until expended. public broadcasting facilities, planning and construction for grants authorized by section 392 of',
'the communications act of 1934, as amended, $15,500,000, to remain available until expended as authorized by section 391 of the',
'act, as amended: provided, that not to exceed $2,200,000 shall be available for program administration as authorized by section 391',
'of the act: provided further, that notwithstanding the provisions of section 391 of the act, the prior year unobligated balances',
'may be made available for grants for projects for which applications have been submitted and approved during any fiscal year.',
'information infrastructure grants for grants authorized by section 392 of the communications act of 1934, as amended, $21,500,000, to remain',
'available until expended as authorized by section 391 of the act, as amended: provided, that not to exceed $3,000,000 shall',
'be available for program administration and other support activities as authorized by section 391 of the act including support of',
'the advisory council on national information infrastructure: provided further, that of the funds appropriated herein, not to exceed 5 percent',
'may be available for telecommunications research activities for projects related directly to the development of a national information 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, public information, public safety',
'or other social services. patent and trademark office salaries and expenses for necessary expenses of the patent and trademark office',
'provided for by law, including defense of suits instituted against the commissioner of patents and trademarks; $82,324,000, to remain available',
'until expended: provided, that the funds made available under this heading are to be derived from deposits in the patent',
'and trademark office fee surcharge fund as authorized by law: provided further, that the amounts made available under the fund',
'shall not exceed amounts deposited; and such fees as shall be collected pursuant to 15 u.s.c. 1113 and 35 u.s.c.',
'41 and 376, shall remain available until expended. 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 extension partnership and the advanced technology program of the national institute of standards and technology, $301,000,000, to',
'remain available until expended, of which $80,000,000 shall be for the manufacturing extension partnership, and of which $221,000,000 shall be',
'for the advanced technology program: provided, that not to exceed $500,000 may be transferred to the working capital fund. 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 national institute of standards and technology, as authorized by 15 u.s.c. 278c 278e, $60,000,000, to',
'remain available until expended. national oceanic and atmospheric administration operations, research, and facilities including transfer of funds for necessary expenses',
'of activities authorized by law for the national oceanic and atmospheric administration, including acquisition, maintenance, operation, and hire of aircraft;',
'not to exceed 358 commissioned officers on the active list; grants, contracts, or other payments to nonprofit organizations for the',
'purposes of conducting activities pursuant to cooperative agreements; and alteration, modernization, and relocation of facilities as authorized by 33 u.s.c.',
'883i; $1,795,677,000, to remain available until expended: provided, that notwithstanding 31 u.s.c. 3302 but consistent with other existing law, fees',
'shall be assessed, collected, and credited to this appropriation as offsetting collections to be available until expended, to recover the',
'costs of administering 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',
'estimated at not more than $1,792,677,000: provided further, that any such additional fees received in excess of $3,000,000 in fiscal',
'year 1996 shall not be available for obligation until october 1, 1996: provided further, that fees and donations received by',
'the national ocean service for the management of the national marine sanctuaries may be retained and used for the salaries',
'and expenses associated with those activities, notwithstanding 31 u.s.c. 3302: provided further, that in addition, $63,000,000 shall be derived by',
'transfer from the fund entitled promote and develop fishery products and research pertaining to american fisheries: provided further, that grants',
'to states pursuant to sections 306 and 306 a of the coastal zone management act, as amended, shall not exceed',
'$2,000,000. coastal zone management fund of amounts collected pursuant to 16 u.s.c. 1456a, not to exceed $7,800,000, for purposes set',
'forth in 16 u.s.c. 1456a b 2 a , 16 u.s.c. 1456a b 2 b v , and 16 u.s.c.',
'1461 e . construction for repair and modification of, and additions to, existing facilities and construction of new facilities, and',
'for facility planning and design and land acquisition not otherwise provided for the national oceanic and atmospheric administration, $50,000,000, to',
'remain available until expended. fleet modernization, shipbuilding and conversion for expenses necessary for the repair, acquisition, leasing, or conversion of',
'vessels, including related equipment to maintain and modernize the existing fleet and to continue planning the 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. fishermens 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 amended public law 96 339 , the',
'magnuson fishery conservation 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 remain 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 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, $7,000,000. general administration salaries and expenses for expenses necessary for the general administration of the department of commerce',
'provided for by law, including not to exceed $3,000 for official entertainment, $29,100,000. office of inspector general for necessary expenses',
'of the office of inspector general in carrying out the provisions of the inspector general act of 1978, as amended',
'5 u.s.c. app. 1 11 as amended by public law 100 504 , $19,849,000. national institute of standards and technology',
'construction of research facilities rescission of the unobligated balances available under this heading, $75,000,000 are rescinded. general provisions department of',
'commerce sec. 201. during the current fiscal year, applicable appropriations and funds made available to the department of commerce by',
'this act shall be available for the activities specified in the act of october 26, 1949 15 u.s.c. 1514 ,',
'to the extent and in the manner prescribed by the act, and, notwithstanding 31 u.s.c. 3324, may be used for',
'advanced payments not otherwise authorized only upon the certification of officials designated by the secretary that such payments are in',
'the public interest. sec. 202. during the current fiscal year, appropriations made available to the department of commerce by this',
'act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 u.s.c. 1343',
'and 1344; services as authorized by 5 u.s.c. 3109; and uniforms or allowances therefor, as authorized by law 5 u.s.c.',
'5901 5902 . sec. 203. none of the funds made available by this act may be used to support the',
'hurricane reconnaissance aircraft and 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 department of commerce shall be available to reimburse the unemployment trust fund or any other fund or account',
'of the treasury to pay for any expenses paid before october 1, 1992, as authorized by section 8501 of title',
'5, united states code, for services performed after april 20, 1990, by individuals appointed to temporary positions within the bureau',
'of the census for purposes relating to the 1990 decennial census of population. sec. 205. not to exceed 5 percent',
'of any appropriation made available for the current fiscal year for the department of commerce in this act may be',
'transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers:',
'provided, that any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of',
'this act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in',
'that section. sec. 206. a should legislation be enacted to dismantle or reorganize the department of commerce, the secretary of',
'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 provided in this act to the appropriate successor organizations: provided, that the plan shall include',
'a proposal for transferring or rescinding funds appropriated herein for agencies or programs terminated under such legislation: provided further, that',
'such plan shall be transmitted in accordance with section 605 of this act. b the secretary of commerce or the',
'appropriate head of any successor organization s may use any available funds to carry out legislation dismantling or reorganizing the',
'department of commerce to cover the costs of actions relating to the abolishment, reorganization or transfer of functions and any',
'related personnel action, including voluntary separation incentives if authorized by such legislation: provided, that the authority to transfer funds between',
'appropriations accounts that may be necessary to carry out this section is provided in addition to authorities included under section',
'205 of this act: provided further, that use of funds to carry out this section shall be treated as a',
'reprogramming of funds under section 605 of this act and shall not be available for obligation or expenditure except in',
'compliance with the procedures set forth in that section. sec. 207. notwithstanding any other provision of law including any regulation',
'and including the public works and economic development act of 1965 , the transfer of title to the rutland city',
'industrial complex to hilinex, vermont as related to economic development administration project number 01 11 01742 shall not require compensation',
'to the federal government for the fair share of the federal government of that real property. sec. 208. a in',
'general. the secretary of commerce, acting through the assistant secretary for economic development of the department of commerce, shall 1',
'not later than january 1, 1996, commence the demolition of the structures on, and the cleanup and environmental remediation on,',
'the parcel of land described in subsection b ; 2 not later than march 31, 1996, complete the demolition, cleanup,',
'and environmental remediation under paragraph 1 ; and 3 not later than april 1, 1996, convey the parcel of land',
'described in subsection b , in accordance with the requirements of section 120 h of the comprehensive environmental response, compensation,',
'and liability act of 1980 42 u.s.c. 9620 h , to the tuscaloosa county industrial development authority, on receipt of',
'payment of the fair market value for the parcel by the authority, as agreed on by the secretary and the',
'authority. b land parcel. the parcel of land referred to in subsection a is the parcel of land consisting of',
'approximately 41 acres in holt, alabama in tuscaloosa county , that is generally known as the central foundry property, as',
'depicted on a map, and as described in a legal description, that the secretary, acting through the assistant secretary for',
'economic development, determines to be satisfactory. sec. 209. any costs incurred by a department or agency funded under this title',
'resulting from personnel actions taken in response to funding reductions included in this title shall be absorbed within the total',
'budgetary resources available to such department or agency: provided, that the authority to transfer funds between appropriations accounts as may',
'be necessary to carry out this provision is provided in addition to authorities included elsewhere in this act: provided further,',
'that use of funds to carry out this section shall be treated as a reprogramming of funds under section 605',
'of this act and shall not be available for obligation or expenditure except in compliance with the procedures set forth',
'in that section. sec. 210. none of the funds appropriated under this act or any other act may be used',
'to develop new fishery management plans, amendments or regulations which create new individual fishing quota, individual transferable quota, or new',
'individual transferable effort allocation programs, or to implement any such plans, amendments or regulations approved by a regional fishery management',
'council or the secretary of commerce after january 4, 1995, until offsetting fees to pay for the cost of administering',
'such plans, amendments or regulations are expressly authorized under the magnuson fishery conservation and management act 16 u.s.c. 1801 et',
'seq. . this restriction shall not apply in any way to any such programs approved by the secretary of commerce',
'prior to january 4, 1995. sec. 211. section 308 d of the interjurisdictional fisheries act of 1986 16 u.s.c. 4107',
'd is amended 1 in the heading, by striking grants and inserting assistance; 2 in paragraph 1 , by striking',
'award grants to persons engaged in commercial fisheries, for uninsured losses determined by the secretary to have been suffered and',
'inserting help persons engaged in commercial fisheries, either by providing assistance directly to those persons or by providing assistance indirectly',
'through states and local government agencies and nonprofit organizations, for projects or other measures to alleviate harm determined by the',
'secretary to have been incurred; 3 in paragraph 3 , by striking a grant and inserting direct assistance to a',
'person; 4 in paragraph 3 , by striking gross revenues annually, and inserting net revenues annually from commercial fishing,; 5',
'by striking paragraph 4 and inserting the following: 4 a assistance may not be provided under this subsection as part',
'of a fishing capacity reduction program in a fishery unless the secretary determines that adequate conservation and management measures are',
'in place in that fishery. b as a condition of awarding assistance with respect to a vessel under a fishing',
'capacity reduction program, the secretary shall i prohibit the vessel from being used for fishing; and ii require that the',
'vessel be i scrapped or otherwise disposed of in a manner approved by the secretary; or ii donated to a',
'nonprofit organization and thereafter used only for purposes of research, education, or training; or iii used for another non fishing',
'purpose provided the secretary determines that adequate measures are in place to ensure that the vessel cannot reenter any fishery.',
'c a vessel that is prohibited from fishing under subparagraph b shall not be eligible for a fishery endorsement under',
'section 12108 a of title 46, united states code, and any such endorsement for the vessel shall not be effective.',
'; and 6 in paragraph 5 , by striking for awarding grants and all that follows through the end of',
'the paragraph and inserting for receiving assistance under this subsection.. sec. 212. the secretary may award contracts for hydrographic, geodetic,',
'and photogrammetric surveying and mapping services in accordance with title ix of the federal property and administrative services act of',
'1949 40 u.s.c. 541 et seq. . this title may be cited as the department of commerce and related agencies',
'appropriations act, 1996. title iii the judiciary supreme court of the united states salaries and expenses for expenses necessary for',
'the operation of the supreme court, as required by law, excluding care of the building and grounds, including purchase or',
'hire, driving, maintenance and operation of an automobile for the chief justice, not to exceed $10,000 for the purpose of',
'transporting associate justices, and hire of passenger motor vehicles as authorized by 31 u.s.c. 1343 and 1344; not to exceed',
'$10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the chief justice may approve,',
'$25,834,000. care of the building and grounds for such expenditures as may be necessary to enable the architect of the',
'capitol to carry out the duties imposed upon him by the act approved may 7, 1934 40 u.s.c. 13a 13b',
', $3,313,000, of which $500,000 shall remain available until expended. united states court of appeals for the federal circuit salaries',
'and expenses for salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the',
'court, as authorized by law, $14,288,000. united states court of international trade salaries and expenses for salaries of the chief',
'judge and eight judges, salaries of the officers and employees of the court, services as authorized by 5 u.s.c. 3109,',
'and necessary expenses of the court, as authorized by law, $10,859,000. courts of appeals, district courts, and other judicial services',
'salaries and expenses for the salaries of circuit and district judges including judges of the territorial courts of the united',
'states , justices and judges retired from office or from regular active service, judges of the united states court of',
'federal claims, bankruptcy judges, magistrate judges, and all other officers and employees of the federal judiciary not otherwise specifically provided',
'for, and necessary expenses of the courts, as authorized by law, $2,433,141,000 including the purchase of firearms and ammunition ;',
'of which not to exceed $13,454,000 shall remain available until expended for space alteration projects; of which not to exceed',
'$10,000,000 shall remain available until expended for furniture and furnishings related to new space alteration and construction projects; and of',
'which $500,000 is to remain available until expended for acquisition of books, periodicals, and newspapers, and all other legal reference',
'materials, including subscriptions. in addition, for expenses of the united states court of federal claims associated with processing cases under',
'the national childhood vaccine injury act of 1986, not to exceed $2,318,000, to be appropriated from the vaccine injury compensation',
'trust fund. violent crime reduction programs for activities of the federal judiciary as authorized by law, $30,000,000, to remain available',
'until expended, which shall be derived from the violent crime reduction trust fund, as authorized by section 190001 a of',
'public law 103 322. defender services for the operation of federal public defender and community defender organizations, the compensation and',
'reimbursement of expenses of attorneys appointed to represent persons under the criminal justice act of 1964, as amended, the compensation',
'and reimbursement of expenses of persons furnishing investigative, expert and other services under the criminal justice act 18 u.s.c. 3006a',
'e , the compensation in accordance with criminal justice act maximums and reimbursement of expenses of attorneys appointed to assist',
'the court in criminal cases where the defendant has waived representation by counsel, the compensation and reimbursement of travel expenses',
'of guardians ad litem acting on behalf of financially eligible minor or incompetent offenders in connection with transfers from the',
'united states to foreign countries with which the united states has a treaty for the execution of penal sentences, and',
'the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by',
'28 u.s.c. 1875 d , $267,217,000, to remain available until expended as authorized by 18 u.s.c. 3006a i : provided,',
'that none of the funds provided in this act shall be available for death penalty resource centers or post conviction',
'defender organizations after april 1, 1996. fees of jurors and commissioners for fees and expenses of jurors as authorized by',
'28 u.s.c. 1871 and 1876; compensation of jury commissioners as authorized by 28 u.s.c. 1863; and compensation of commissioners appointed',
'in condemnation cases pursuant to rule 71a h of the federal rules of civil procedure 28 u.s.c. appendix rule 71a',
'h ; $59,028,000, to remain available until expended: provided, that the compensation of land commissioners shall not exceed the daily',
'equivalent of the highest rate payable under section 5332 of title 5, united states code. court security for necessary expenses,',
'not otherwise provided for, incident to the procurement, installation, and maintenance of security equipment and protective services for the united',
'states courts in courtrooms and adjacent areas, including building ingress egress control, inspection of packages, directed security patrols, and other',
'similar activities as authorized by section 1010 of the judicial improvement and access to justice act public law 100 702',
'; $102,000,000, to be expended directly or transferred to the united states marshals service which shall be responsible for administering',
'elements of the judicial security program consistent with standards or guidelines agreed to by the director of the administrative office',
'of the united states courts and the attorney general. administrative office of the united states courts salaries and expenses for',
'necessary expenses of the administrative office of the united states courts as authorized by law, including travel as authorized by',
'31 u.s.c. 1345, hire of a passenger motor vehicle as authorized by 31 u.s.c. 1343 b , advertising and rent',
'in the district of columbia and elsewhere, $47,500,000, of which not to exceed $7,500 is authorized for official reception and',
'representation expenses. federal judicial center salaries and expenses for necessary expenses of the federal judicial center, as authorized by public',
'law 90 219, $17,914,000; of which $1,800,000 shall remain available through september 30, 1997, to provide education and training to',
'federal court personnel; and of which not to exceed $1,000 is authorized for official reception and representation expenses. judicial retirement',
'funds payment to judiciary trust funds for payment to the judicial officers retirement fund, as authorized by 28 u.s.c. 377',
'o , $24,000,000, to the judicial survivors annuities fund, as authorized by 28 u.s.c. 376 c , $7,000,000, and to',
'the united states court of federal claims judges retirement fund, as authorized by 28 u.s.c. 178 l , $1,900,000. united',
'states sentencing commission salaries and expenses for the salaries and expenses necessary to carry out the provisions of chapter 58',
'of title 28, united states code, $8,500,000, of which not to exceed $1,000 is authorized for official reception and representation',
'expenses. general provisions the judiciary sec. 301. appropriations and authorizations made in this title which are available for salaries and',
'expenses shall be available for services as authorized by 5 u.s.c. 3109. sec. 302. appropriations made in this title shall',
'be available for salaries and expenses of the special court established under the regional rail reorganization act of 1973, public',
'law 93 236. sec. 303. not to exceed 5 percent of any appropriation made available for the current fiscal year',
'for the judiciary in this act may be transferred between such appropriations, but no such appropriation, except courts of appeals,',
'district courts, and other judicial services, defender services, shall be increased by more than 10 percent by any such transfers:',
'provided, that any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of',
'this act and shall not be available for obligation or expenditure except in compliance with the 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 expenses of the judicial conference of the',
'united states: provided, that such available funds shall not exceed $10,000 and shall be administered by the director of the',
'administrative office of the united states courts in his capacity as secretary of the judicial conference. sec. 305. section 333',
'of title 28, united states code, is amended 1 in the first paragraph by striking shall the first, second, and',
'fourth place it appears and inserting may; and 2 in the second paragraph a by striking shall the first place',
'it appears and inserting may; and b by striking , and unless excused by the chief judge, shall remain throughout',
'the conference. this title may be cited as the judiciary appropriations act, 1996. title iv department of state and related',
'agencies department of state administration of foreign affairs diplomatic and consular programs for necessary expenses of the department of state',
'and the foreign service not otherwise provided for, including expenses authorized by the state department basic authorities act of 1956,',
'as amended; representation to certain international organizations in which the united states participates pursuant to treaties, ratified pursuant to the',
'advice and consent of the senate, or specific acts of congress; acquisition by exchange or purchase of passenger motor vehicles',
'as authorized by 31 u.s.c. 1343, 40 u.s.c. 481 c and 22 u.s.c. 2674; and for expenses of general administration,',
'$1,708,800,000: provided, that notwithstanding section 140 a 5 , and the second sentence of section 140 a 3 of the',
'foreign relations authorization act, fiscal years 1994 and 1995 public law 103 236 , not to exceed $125,000,000 of fees',
'may be collected during fiscal year 1996 under the authority of section 140 a 1 of that act: provided further,',
'that all fees collected under the preceding proviso shall be deposited in fiscal year 1996 as an offsetting collection to',
'appropriations made under this heading to recover the costs of providing consular services and shall remain available until expended: provided',
'further, that starting in fiscal year 1997, a system shall be in place that allocates to each department and agency',
'the full cost of its presence outside of the united states. of the funds provided under this heading, $24,856,000 shall',
'be available only for the diplomatic telecommunications service for operation of existing base services and not to exceed $17,144,000 shall',
'be available only for the enhancement of the diplomatic telecommunications service and shall remain available until expended. of the latter',
'amount, $2,500,000 shall not be made available until expiration of the 15 day period beginning on the date when the',
'secretary of state and the director of the diplomatic telecommunications service submit the pilot program report required by section 507',
'of public law 103 317. in addition, not to exceed $700,000 in registration fees collected pursuant to section 38 of',
'the arms export control act, as amended, may be used in accordance with section 45 of the state department basic',
'authorities act of 1956, 22 u.s.c. 2717; and in addition not to exceed $1,223,000 shall be derived from fees from',
'other executive agencies for lease or use of facilities located at the international center in accordance with section 4 of',
'the international center act public law 90 553, as amended by section 120 of public law 101 246 ; and',
'in addition not to exceed $15,000 which shall be derived from reimbursements, surcharges, and fees for use of blair house',
'facilities in accordance with section 46 of the state of department basic authorities act of 1956 22 u.s.c. 2718 a',
'. notwithstanding section 402 of this act, not to exceed 20 percent of the amounts made available in this act',
'in the appropriation accounts, diplomatic and consular programs and salaries and expenses under the heading administration of foreign affairs may',
'be transferred between such appropriation accounts: provided, that any transfer pursuant to this section shall be treated as a reprogramming',
'of funds under section 605 of this act and shall not be available for obligation or expenditure except in compliance',
'with the procedures set forth in that section. for an additional amount for security enhancements to counter the threat of',
'terrorism, $9,720,000, to remain available until expended. salaries and expenses for expenses necessary for the general administration of the department',
'of state and the foreign service, provided for by law, including expenses authorized by section 9 of the act of',
'august 31, 1964, as amended 31 u.s.c. 3721 , and the state department basic authorities act of 1956, as amended,',
'$363,276,000. for an additional amount for security enhancements to counter the threat of terrorism, $1,870,000, to remain available until expended.',
'capital investment fund for necessary expenses of the capital investment fund, $16,400,000, to remain available until expended, as authorized in',
'public law 103 236: provided, that section 135 e of public law 103 236 shall not apply to funds appropriated',
'under this heading. office of inspector general for necessary expenses of the office of the inspector general in carrying out',
'the provisions of the inspector general act of 1978, as amended 5 u.s.c. app. , $27,369,000, notwithstanding section 209 a',
'1 of the foreign service act of 1980 public law 96 465 , as it relates to post inspections: provided,',
'that notwithstanding any other provision of law, 1 the office of the inspector general of the united states information agency',
'is hereby merged with the office of the inspector general of the department of state; 2 the functions exercised and',
'assigned to the office of the inspector general of the united states information agency before the effective date of this',
'act including all related functions are transferred to the office of the inspector general of the department of state; and',
'3 the inspector general of the department of state shall also serve as the inspector general of the united states',
'information agency. representation allowances for representation allowances as authorized by section 905 of the foreign service act of 1980, as',
'amended 22 u.s.c. 4085 , $4,500,000. protection of foreign missions and officials for expenses, not otherwise provided, to enable the',
'secretary of state to provide for extraordinary protective services in accordance with the provisions of section 214 of the state',
'department basic authorities act of 1956 22 u.s.c. 4314 and 3 u.s.c. 208, $8,579,000. security and maintenance of united states',
'missions for necessary expenses for carrying out the foreign service buildings act of 1926, as amended 22 u.s.c. 292 300',
', and the diplomatic security construction program as authorized by title iv of the omnibus diplomatic security and antiterrorism act',
'of 1986 22 u.s.c. 4851 , $385,760,000, to remain available until expended as authorized by 22 u.s.c. 2696 c :',
'provided, that none of the funds appropriated in this paragraph shall be available for acquisition of furniture and furnishings and',
'generators for other departments and agencies. emergencies in the diplomatic and consular service for expenses necessary to enable the secretary',
'of state to meet unforeseen emergencies arising in the diplomatic and consular service pursuant to the requirement of 31 u.s.c.',
'3526 e , $6,000,000, to remain available until expended as authorized by 22 u.s.c. 2696 c , of which not',
'to exceed $1,000,000 may be transferred to and merged with the repatriation loans program account, subject to the same terms',
'and conditions. repatriation loans program account for the cost of direct loans, $593,000, as authorized by 22 u.s.c. 2671: provided,',
'that such costs, including the cost of modifying such loans, shall be as defined in section 502 of the congressional',
'budget act of 1974. in addition, for administrative expenses necessary to carry out the direct loan program, $183,000 which may',
'be transferred to and merged with the salaries and expenses account under administration of foreign affairs. payment to the american',
'institute in taiwan for necessary expenses to carry out the taiwan relations act, public law 96 8 93 stat. 14',
', $15,165,000. payment to the foreign service retirement and disability fund for payment to the foreign service retirement and disability',
'fund, as authorized by law, $125,402,000. international organizations and conferences contributions to international organizations for expenses, not otherwise provided for,',
'necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and',
'consent of the senate, conventions or specific acts of congress, $892,000,000: provided, that any payment of arrearages shall be directed',
'toward special activities that are mutually agreed upon by the united states and the respective international organization: provided further, that',
'20 percent of the funds appropriated in this paragraph for the assessed contribution of the united states to the united',
'nations shall be withheld from obligation and expenditure until a certification is made under section 401 b of public law',
'103 236 for fiscal year 1996: provided further, that certification under section 401 b of public law 103 236 for',
'fiscal year 1996 may only be made if the committees on appropriations and foreign relations of the senate and the',
'committees on 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 government',
'by such organization for loans incurred on or after october 1, 1984, through external borrowings: provided further, that of the',
'funds appropriated in this paragraph, $80,000,000 may be made available only on a quarterly basis and only after the secretary',
'of state certifies on a quarterly basis that the united nations has taken no action to increase funding for any',
'united nations program without identifying an offsetting decrease elsewhere in the united nations budget and cause the united nations to',
'exceed its no growth budget for the biennium 1996 1997 adopted in december, 1995. contributions for international peacekeeping activities for',
'necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international',
'peace and security, $359,000,000: provided, that none of the funds made available under this act shall be obligated or expended',
'for any new or expanded united nations peacekeeping mission unless, at least fifteen days in advance of voting for the',
'new or expanded mission in the united nations security council or in an emergency, as far in advance as is',
'practicable , 1 the committees on appropriations of the house of representatives and the senate and other appropriate committees of',
'the congress are notified of the estimated cost and length of the mission, the vital national interest that will be',
'served, and the planned exit strategy; and 2 a reprogramming of funds pursuant to section 605 of this act is',
'submitted, and the procedures therein followed, setting forth the source of funds that will be used to pay for the',
'cost of the new or expanded mission: provided further, that funds shall be available for peacekeeping expenses only upon a',
'certification by the secretary of state to the appropriate committees of the congress that american manufacturers and suppliers are being',
'given opportunities to provide equipment, services and material for united nations peacekeeping activities equal to those being given to foreign',
'manufacturers and suppliers. international conferences and contingencies for necessary expenses authorized by section 5 of the state department basic authorities',
'act of 1956, in addition to funds otherwise available for these purposes, contributions for the united states share of general',
'expenses of international organizations and conferences and representation to such organizations and conferences as provided for by 22 u.s.c. 2656',
'and 2672 and personal services without regard to civil service and classification laws as authorized by 5 u.s.c. 5102, $3,000,000,',
'to remain available until expended as authorized by 22 u.s.c. 2696 c , of which not to exceed $200,000 may',
'be expended for representation as authorized by 22 u.s.c. 4085. international commissions for necessary expenses, not otherwise provided for, to',
'meet obligations of the united states arising under treaties, or specific acts of congress, as follows: international boundary and water',
'commission, united states and mexico for necessary expenses for the united states section of the international boundary and water commission,',
'united states and mexico, and to comply with laws applicable to the united states section, including not to exceed $6,000',
'for representation; as follows: salaries and expenses for salaries and expenses, not otherwise provided for, $12,058,000. construction for detailed plan',
'preparation and construction of authorized projects, $6,644,000, to remain available until expended as 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 authorized by treaties between the united states and canada or great britain, and for the',
'border environment cooperation commission as authorized by public law 103 182; $5,800,000, of which not to exceed $9,000 shall be',
'available for representation expenses incurred by the 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 commissions, pursuant to 31 u.s.c. 3324. other payment to the asia foundation for a grant to',
'the asia foundation, as authorized by section 501 of public law 101 246, $5,000,000, to remain available until expended as',
'authorized by 22 u.s.c. 2696 c . related agencies arms control and disarmament agency arms control and disarmament activities for',
'necessary expenses not otherwise provided, for arms control, nonproliferation, and disarmament activities, $38,700,000, of which not to exceed $50,000 shall',
'be for official reception and representation expenses as authorized by the act of september 26, 1961, as amended 22 u.s.c.',
'2551 et seq. . united states information agency salaries and expenses for expenses, not otherwise provided for, necessary to enable',
'the united states information agency, as authorized by the mutual educational and cultural exchange act of 1961, as amended 22',
'u.s.c. 2451 et seq. , the united states information and educational exchange act of 1948, as amended 22 u.s.c. 1431',
'et seq. and reorganization plan no. 2 of 1977 91 stat. 1636 , to carry out international communication, educational and',
'cultural activities; and to carry out related activities authorized by law, including employment, without regard to civil service and classification',
'laws, of persons on a temporary basis not to exceed $700,000 of this appropriation , as authorized by 22 u.s.c.',
'1471, and entertainment, including official receptions, within the united states, not to exceed $25,000 as authorized by 22 u.s.c. 1474',
'3 ; $445,645,000: provided, that not to exceed $1,400,000 may be used for representation abroad as authorized by 22 u.s.c.',
'1452 and 4085: provided further, that not to exceed $7,615,000 to remain available until expended, may be credited to this',
'appropriation from fees or other payments received from or in connection with english teaching, library, motion pictures, and publication programs',
'as authorized by section 810 of the united states information and educational exchange act of 1948, as amended: provided further,',
'that not to exceed $1,700,000 to remain available until expended may be used to carry out projects involving security construction',
'and related improvements for agency facilities not physically located together with department of state facilities abroad. technology fund for expenses',
'necessary to enable the united states information agency to provide for the procurement of information technology improvements, as authorized by',
'the united states information and educational exchange act of 1948, as amended 22 u.s.c. 1431 et seq. , the mutual',
'educational and cultural exchange act of 1961, as amended 22 u.s.c. 2451 et seq. , and reorganization plan no. 2',
'of 1977 91 stat. 1636 , $5,050,000, to remain available until expended. educational and cultural exchange programs for expenses of',
'educational and cultural exchange programs, as authorized by the mutual educational and cultural exchange act of 1961, as amended 22',
'u.s.c. 2451 et seq. , and reorganization plan no. 2 of 1977 91 stat. 1636 , $200,000,000, to remain available',
'until expended as authorized by 22 u.s.c. 2455. eisenhower exchange fellowship program trust fund for necessary expenses of eisenhower exchange',
'fellowships, incorporated, as authorized by sections 4 and 5 of the eisenhower exchange fellowship act of 1990 20 u.s.c. 5204',
'05 , all interest and earnings accruing to the eisenhower exchange fellowship 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 compensation, or to enter into any contract providing for the payment thereof, in excess of the rate',
'authorized by 5 u.s.c. 5376; or for purposes which are not in accordance with omb circulars a 110 uniform administrative',
'requirements and a 122 cost principles for non profit organizations , including the restrictions on compensation for personal services. israeli',
'arab scholarship program for necessary expenses of the israeli arab scholarship program as authorized by section 214 of the foreign',
'relations authorization act, fiscal years 1992 and 1993 22 u.s.c. 2452 , all interest and earnings accruing to the israeli',
'arab scholarship fund on or before september 30, 1996, to remain available until expended. american studies collections endowment fund for',
'necessary expenses of american studies collections as authorized by section 235 of the foreign relations authorization act, fiscal years 1994',
'and 1995, all interest and earnings accruing to the american studies collections endowment fund on or before september 30, 1996,',
'to remain available until expended. international broadcasting operations for expenses necessary to enable the united states information agency, as authorized',
'by the united states information and educational exchange act of 1948, as amended, the united states international broadcasting act of',
'1994, as amended, and reorganization plan no. 2 of 1977, to carry out international communication activities; $325,191,000, of which $5,000,000',
'shall remain available until expended, not to exceed $16,000 may be used for official receptions within the united states as',
'authorized by 22 u.s.c. 1474 3 , not to exceed $35,000 may be used for representation abroad as authorized by',
'22 u.s.c. 1452 and 4085, and not to exceed $39,000 may be used for official reception and representation expenses of',
'radio free europe/radio liberty; and in addition, not to exceed $250,000 from fees as authorized by section 810 of the',
'united states information and educational exchange act of 1948, as amended, to remain available until expended for carrying out authorized',
'purposes; and in addition, notwithstanding any other provision of law, not to exceed $1,000,000 in monies received including receipts from',
'advertising, if any by or for the use of the united states information agency from or in connection with broadcasting',
'resources owned by or on behalf of the agency, to be available until expended for carrying out authorized purposes. broadcasting',
'to cuba for expenses necessary to enable the united states information agency to carry out the radio broadcasting to cuba',
'act, as amended, the television broadcasting to cuba act, and the international broadcasting act of 1994, including the purchase, rent,',
'construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for',
'radio and television transmission and reception, $24,809,000 to remain available until expended: provided, that not later than april 1, 1996,',
'the headquarters of the office of cuba broadcasting shall be relocated from washington, d.c. to south florida, and that any',
'funds available under the headings international broadcasting operations, broadcasting to cuba, and radio construction may be available to carry out',
'this relocation. radio construction for an additional amount for the purchase, rent, construction, and improvement of facilities for radio transmission',
'and reception and purchase and installation of necessary equipment for radio and television transmission and reception as authorized by 22',
'u.s.c. 1471, $40,000,000, to remain available until expended as authorized by 22 u.s.c. 1477b a . east west center to',
'enable the director of the united states information agency to provide for carrying out the provisions of the center for',
'cultural and technical interchange between east and west act of 1960 22 u.s.c. 2054 2057 , by grant to the',
'center for cultural and technical interchange between east and west in the state of hawaii, $11,750,000: provided, that none of',
'the funds appropriated herein shall be used to pay any salary, or enter into any contract providing for the payment',
'thereof, in excess of the rate authorized by 5 u.s.c. 5376. north/south center to enable the director of the united',
'states information agency to provide for carrying out the provisions of the north/ south center act of 1991 22 u.s.c.',
'2075 , by grant to an educational institution in florida known as the north/south center, $2,000,000, to remain available until',
'expended. national endowment for democracy for grants made by the united states information agency to the national endowment for democracy',
'as authorized by the national endowment for democracy act, $30,000,000, to remain available until expended. general provisions department of state',
'and related agencies sec. 401. funds appropriated under this title shall be available, except as otherwise provided, for allowances and',
'differentials as authorized by subchapter 59 of 5 u.s.c. ; for services as authorized by 5 u.s.c. 3109; and hire',
'of passenger transportation pursuant to 31 u.s.c. 1343 b . sec. 402. not to exceed 5 percent of any appropriation',
'made available for the current fiscal year for the department of state in this act may be transferred between such',
'appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any',
'such transfers: provided, that not to exceed 5 percent of any appropriation made available for the current fiscal year for',
'the united states information agency 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 further, that any transfer',
'pursuant to this section shall be treated as a reprogramming of funds under section 605 of this act and shall',
'not be available for obligation or expenditure except in compliance with the procedures set forth in that section. sec. 403.',
'funds appropriated or otherwise made available under this act or any other act may be expended for compensation of the',
'united states commissioner of the international boundary commission, united states and canada, only for actual hours worked by such commissioner.',
'sec. 404. a no later than 90 days after enactment of legislation consolidating, reorganizing or downsizing the functions of the',
'department of state, the united states information agency, and the arms control and disarmament agency, the secretary of state, the',
'director of the united states information agency and the director of the arms control and disarmament agency shall submit to',
'the committees on appropriations of the house and the senate a proposal for transferring or rescinding funds appropriated herein for',
'functions that are consolidated, reorganized or downsized under such legislation: provided, that such plan shall be transmitted in accordance with',
'section 605 of this act. b the secretary of state, the director of the united states information agency, and the',
'director of the arms control and disarmament agency, as appropriate, may use any available funds to cover the costs of',
'actions to consolidate, reorganize or downsize the functions under their authority required by such legislation, and of any related personnel',
'action, including voluntary separation incentives if authorized by such legislation: provided, that the authority to transfer funds between appropriations accounts',
'that may be necessary to carry out this section is provided in addition to authorities included under section 402 of',
'this act: provided further, that use of funds to carry out this section shall be treated as a reprogramming of',
'funds under section 605 of this act and shall not be available for obligation or expenditure except in compliance with',
'the procedures set forth in that section. sec. 405. funds appropriated by this act for the united states information agency,',
'the arms control and disarmament agency, and the department of state may be obligated and expended notwithstanding section 701 of',
'the united states information and educational exchange act of 1948 and section 313 of the foreign relations authorization act, fiscal',
'years 1994 and 1995, section 53 of the arms control and disarmament act, and section 15 of the state department',
'basic authorities act of 1956. sec. 406. section 36 a 1 of the state department authorities act of 1956, as',
'amended 22 u.s.c. 2708 , is amended to delete may pay a reward and insert in lieu thereof shall establish',
'and publicize a program under which rewards may be paid. sec. 407. sections 6 a and 6 b of public',
'law 101 454 are repealed. in addition, notwithstanding any other provision of law, eisenhower exchange fellowships, incorporated, may use one',
'third of any earned but unused trust income from the period 1992 through 1995 for fellowship purposes in each of',
'fiscal years 1996 through 1998. sec. 408. it is the sense of the senate that none of the funds appropriated',
'or otherwise made available pursuant to this act should be used for the deployment of combat equipped forces of the',
'armed forces of the united states for any ground operations in bosnia and herzegovina unless 1 congress approves in advance',
'the deployment of such forces of the armed forces; or 2 the temporary deployment of such forces of the armed',
'forces of the united states into bosnia and herzegovina is necessary to evacuate united nations peacekeeping forces from a situation',
'of imminent danger, to undertake emergency air rescue operations, or to provide for the airborne delivery of humanitarian supplies, and',
'the president reports as soon as practicable to congress after the initiation of the temporary deployment, but in no case',
'later than 48 hours after the initiation of the deployment. sec. 409. any costs incurred by a department or agency',
'funded under this title resulting from personnel actions taken in response to funding reductions included in this title shall be',
'absorbed within the total budgetary resources available to such department or agency: provided, that the authority to transfer funds between',
'appropriations accounts as may be necessary to carry out this provision is provided in addition to authorities included elsewhere in',
'this act: provided further, that use of funds to carry out this section shall be treated as a reprogramming of',
'funds under section 605 of this act and shall not be available for obligation or expenditure except in compliance with',
'the procedures set forth in that section. sec. 410. section 235 of the foreign relations authorization act, fiscal years 1990',
'and 1991 public law 101 246 is amended by inserting tinian, after sao tome,. sec. 411. the appropriation for the',
'arms control and disarmament agency in public law 103 317 108 stat. 1768 is amended by deleting after until expended',
'the following: only for activities related to the implementation of the chemical weapons convention: provided, that amounts made available shall',
'not be used to undertake new programs or to increase employment above levels on board at the time of enactment',
'of this act. 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 operating differential subsidies as authorized by the merchant marine act, 1936, as amended, $162,610,000, to remain available until',
'expended. maritime national security program for necessary expenses to maintain and preserve a u.s. flag merchant fleet to serve the',
'national security needs of the united states as determined by the secretary of defense in consultation with the secretary of',
'transportation, $46,000,000, to remain available until expended: provided, that these funds will be available only upon enactment of an authorization',
'for this program. operations and training for necessary expenses of operations and training activities authorized by law, $66,600,000, to remain',
'available until expended: provided, that notwithstanding any other provision of law, the secretary of transportation may use proceeds derived from',
'the sale or disposal of national defense reserve fleet vessels that are currently collected and retained by the maritime administration,',
'to be used for facility and ship maintenance, modernization and repair, conversion, acquisition of equipment, and fuel costs necessary to',
'maintain training at the united states merchant marine academy and state maritime academies and may be transferred to the secretary',
'of the interior for use as provided in the national maritime heritage act public law 103 451 : provided further,',
'that reimbursements may be made to this appropriation from receipts to the federal ship financing fund for administrative expenses in',
'support of that program in addition to any amount heretofore appropriated. maritime guaranteed loan title xi program account for the',
'cost of guaranteed loans, as authorized by the merchant marine act of 1936, $40,000,000, to remain available until expended: provided,',
'that such costs, including the cost of modifying such loans, shall be as defined in section 502 of the congressional',
'budget act of 1974, as amended: provided further, that these funds are available to subsidize total loan principal, any part',
'of which is to be guaranteed, not to exceed $1,000,000,000. in addition, for administrative expenses to carry out the guaranteed',
'loan program, not to exceed $3,500,000, which shall be transferred to and merged with the appropriation for operations and training.',
'administrative provisions maritime administration notwithstanding any other provision of this act, the maritime administration is authorized to furnish utilities and',
'services and make necessary repairs in connection with any lease, contract, or occupancy involving government property under control of the',
'maritime administration, and payments received therefor shall be credited to the appropriation charged with the cost thereof: 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 otherwise would be deposited to the credit of said fund',
'shall be covered into the treasury as miscellaneous receipts. commission for the preservation of americas heritage abroad salaries and expenses',
'for expenses for the commission for the preservation of americas heritage abroad, $206,000, as authorized by public law 99 83,',
'section 1303. commission on civil rights salaries and expenses for necessary expenses of the commission on civil rights, including hire',
'of passenger motor vehicles, $8,750,000: provided, that not to exceed $50,000 may be used to employ consultants: provided further, that',
'none of the funds appropriated in this paragraph shall be used to employ in excess of four full time individuals',
'under schedule c of the excepted service exclusive of one special assistant for each commissioner: provided further, that none of',
'the funds appropriated in this paragraph shall be used to reimburse commissioners for more than 75 billable days, with the',
'exception of the chairperson who is permitted 125 billable days. commission on immigration reform salaries and expenses for necessary expenses',
'of the commission on immigration reform pursuant to section 141 f of the immigration act of 1990, $1,894,000, to remain',
'available until expended. commission on security and cooperation in europe salaries and expenses for necessary expenses of the commission on',
'security and cooperation in europe, as authorized by public law 94 304, $1,090,000, to remain available until expended as authorized',
'by section 3 of public law 99 7. competitiveness policy council salaries and expenses for necessary expenses of the competitiveness',
'policy council, $50,000: provided, that this shall be the final federal payment to the competitiveness policy council. equal employment opportunity',
'commission salaries and expenses for necessary expenses of the equal employment opportunity commission as authorized by title vii of the',
'civil rights act of 1964, as amended 29 u.s.c. 206 d and 621 634 , the americans with disabilities act',
'of 1990 and the civil rights act of 1991, including services as authorized by 5 u.s.c. 3109; hire of passenger',
'motor vehicles as authorized by 31 u.s.c. 1343 b ; nonmonetary awards to private citizens; not to exceed $26,500,000, for',
'payments to state and local enforcement agencies for services to the 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 is authorized to make available',
'for official reception and representation expenses not to exceed $2,500 from available funds. federal communications commission salaries and expenses for',
'necessary expenses of the federal communications commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5',
'u.s.c. 5901 02; not to exceed $600,000 for land and structure; not to exceed $500,000 for improvement and care of',
'grounds and repair to buildings; not to exceed $4,000 for official reception and representation expenses; purchase not to exceed sixteen',
'and hire of motor vehicles; special counsel fees; and services as authorized by 5 u.s.c. 3109; $185,709,000, of which not',
'to exceed $300,000 shall remain available until september 30, 1997, for research and policy studies: provided, that $126,400,000 of offsetting',
'collections shall be assessed and collected pursuant to section 9 of title i of the communications act of 1934, as',
'amended, and shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: provided',
'further, that the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 1996 so',
'as to result in a final fiscal year 1996 appropriation estimated at $59,309,000: provided further, that any offsetting collections received',
'in excess of $126,400,000 in fiscal year 1996 shall remain available until expended, but shall not be available for obligation',
'until october 1, 1996: provided further, that the commission shall amend its schedule of regulatory fees set forth in section',
'1.1153 of title 47, cfr, authorized by section 9 of title i of the communications act of 1934, as amended',
'by: 1 striking $22,420 in the annual regulatory fee column for vhf commercial markets 1 through 10 and inserting $32,000;',
'2 striking $19,925 in the annual regulatory fee column for vhf commercial markets 11 through 25 and inserting $26,000; 3',
'striking $14,950 in the annual regulatory fee column for vhf commercial markets 26 through 50 and inserting $17,000; 4 striking',
'$9,975 in the annual regulatory fee column for vhf commercial markets 51 through 100 and inserting $9,000; 5 striking $6,225',
'in the annual regulatory fee column for vhf commercial remaining markets and inserting $2,500; and 6 striking $17,925 in the',
'annual regulatory fee column for uhf commercial markets 1 through 10 and inserting $25,000; 7 striking $15,950 in the annual',
'regulatory fee column for uhf commercial markets 11 through 25 and inserting $20,000; 8 striking $11,950 in the annual regulatory',
'fee column for uhf commercial markets 26 through 50 and inserting $13,000; 9 striking $7,975 in the annual regulatory fee',
'column for uhf commercial markets 51 through 100 and inserting $7,000; and 10 striking $4,975 in the annual regulatory fee',
'column for uhf commercial remaining markets and inserting $2,000: provided further, that the federal communications commission shall, not later than',
'30 days after receipt of a petition by wqed, pittsburgh, determine, without conducting a rulemaking or other proceeding, whether to',
'amend section 73.606 of title 47, code of federal regulations, by deleting the asterisk for the channel operating on 482',
'488 mhz in pittsburgh, pennsylvania, based on the public interest, the existing common ownership of two non commercial broadcasting stations',
'in pittsburgh, the financial distress of the licensee, and the threat to the public of losing or impairing local public',
'broadcasting service in the area: provided further, that the federal communications commission may solicit such comments as it deems necessary',
'in making this determination: provided further, that as part of the determination, the federal communications commission shall not be required,',
'notwithstanding any other provision of law, to open the channel to general application, and may determine that the license therefor',
'may be assigned by the licensee, subject to prompt approval of the proposed assignee by the federal communications commission, and',
'that the proceeds of the initial assignment of the license for such channel, or any portion thereof, shall be used',
'solely in furtherance of noncommercial broadcast operations, or for such other purpose as the federal communications commission may determine appropriate.',
'federal maritime commission salaries and expenses for necessary expenses of the federal maritime commission as authorized by section 201 d',
'of the merchant marine act of 1936, as amended 46 app. u.s.c. 1111 , including services as authorized by 5',
'u.s.c. 3109; hire of passenger motor vehicles as authorized by 31 u.s.c. 1343 b ; and uniforms or allowances therefor,',
'as authorized by 5 u.s.c. 5901 02; $14,855,000: provided, that not to exceed $2,000 shall be available for official reception',
'and representation expenses. federal trade commission salaries and expenses for necessary expenses of the federal trade commission, including uniforms or',
'allowances therefor, as authorized by 5 u.s.c. 5901 5902; services as authorized by 5 u.s.c. 3109; hire of passenger motor',
'vehicles; and not to exceed $2,000 for official reception and representation expenses; $79,568,000: provided, that not to exceed $300,000 shall',
'be available for use to contract with a person or persons for collection services in accordance with the terms of',
'31 u.s.c. 3718, as amended: provided further, that notwithstanding any other provision of law, not to exceed $48,262,000 of offsetting',
'collections derived from fees collected for premerger notification filings under the hart scott rodino antitrust improvements act of 1976 15',
'u.s.c. 18 a shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended:',
'provided further, that the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received',
'during fiscal year 1996, so as to result in a final fiscal year 1996 appropriation from the general fund estimated',
'at not more than $31,306,000, to remain available until expended: provided further, that any fees received in excess of $48,262,000',
'in fiscal year 1996 shall remain available until expended, but shall not be available for obligation until october 1, 1996:',
'provided further, that none of the funds made available to the federal trade commission shall be available for obligation for',
'expenses authorized by section 151 of the federal deposit insurance corporation improvement act of 1991 public law 102 242, 105',
'stat. 2282 2285 . japan united states friendship commission japan united states friendship trust fund for expenses of the japan',
'united states friendship 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 payment of such amounts as authorized by public law 94 118. legal services',
'corporation payment to the legal services corporation for payment to the legal services corporation to carry out the purposes of',
'the legal services corporation act of 1974, as amended, $278,000,000, of which $269,400,000 is for basic field programs and required',
'independent audits carried out in accordance with section 509; $1,500,000 is for the office of the inspector general, of which',
'such amounts as may be necessary may be used to conduct additional audits of recipients in accordance with section 509',
'of this act; and $7,100,000 is for management and administration: provided, that $198,750,000 of the total amount provided under this',
'heading for basic field programs shall not be available except for the competitive award of grants and contracts under section',
'503 of this act. administrative provisions legal services corporation sec. 501. a funds appropriated under this act to the legal',
'services corporation for basic field programs shall be distributed as follows: 1 the corporation shall define geographic areas and make',
'the funds available for each geographic area on a per capita basis relative to the number of individuals in poverty',
'determined by the bureau of the census to be within the geographic area, except as provided in paragraph 2 b',
'. funds for such a geographic area may be distributed by the corporation to 1 or more persons or entities',
'eligible for funding under section 1006 a 1 a of the legal services corporation act 42 u.s.c. 2996e a 1',
'a , subject to sections 502 and 504. 2 funds for grants from the corporation, and contracts entered into by',
'the corporation for basic field programs, shall be allocated so as to provide a except as provided in subparagraph b',
', an equal figure per individual in poverty for all geographic areas, as determined on the basis of the most',
'recent decennial census of population conducted pursuant to section 141 of title 13, united states code or, in the case',
'of the republic of palau, the federated states of micronesia, the republic of the marshall islands, alaska, hawaii, and the',
'united states virgin islands, on the basis of the adjusted population counts historically used as the basis for such determinations',
'; and b an additional amount for native american communities that received assistance under the legal services corporation act for',
'fiscal year 1995, so that the proportion of the funds appropriated to the legal services corporation for basic field programs',
'for fiscal year 1996 that is received by the native american communities shall be not less than the proportion of',
'such funds appropriated for fiscal year 1995 that was received by the native american communities. b as used in this',
'section: 1 the term individual in poverty means an individual who is a member of a family of 1 or',
'more members with an income at or below the poverty line. 2 the term poverty line means the poverty line',
'as defined by the office of management and budget, and revised annually in accordance with section 673 2 of the',
'community services block grant act 42 u.s.c. 9902 2 applicable to a family of the size involved. sec. 502. none',
'of the funds appropriated in this act to the legal services corporation shall be used by the corporation to make',
'a grant, or enter into a contract, for the provision of legal assistance unless the corporation ensures that the person',
'or entity receiving funding to provide such legal assistance is 1 a private attorney admitted to practice in a state',
'or the district of columbia; 2 a qualified nonprofit organization, chartered under the laws of a state or the district',
'of columbia, that a furnishes legal assistance to eligible clients; and b is governed by a board of directors or',
'other governing body, the majority of which is comprised of attorneys who i are admitted to practice in a state',
'or the district of columbia; and ii are appointed to terms of office on such board or body by the',
'governing body of a state, county, or municipal bar association, the membership of which represents a majority of the attorneys',
'practicing law in the locality in which the organization is to provide legal assistance; 3 a state or local government',
'without regard to section 1006 a 1 a ii of the legal services corporation act 42 u.s.c. 2996e a 1',
'a ii ; or 4 a substate regional planning or coordination agency that serves a substate area and whose governing',
'board is controlled by locally elected officials. sec. 503. a 1 not later than april 1, 1996, the legal services',
'corporation shall implement a system of competitive awards of grants and contracts for all basic field programs, which shall apply',
'to all such grants and contracts awarded by the corporation after march 31, 1996, from funds appropriated in this act.',
'2 any grant or contract awarded before april 1, 1996, by the legal services corporation to a basic field program',
'for 1996 a shall not be for an amount greater than the amount required for the period ending march 31,',
'1996; b shall terminate at the end of such period; and c shall not be renewable except in accordance with',
'the system implemented under paragraph 1 . 3 the amount of grants and contracts awarded before april 1, 1996, by',
'the legal services corporation for basic field programs for 1996 in any geographic area described in section 501 shall not',
'exceed an amount equal to \3/12\ of the total amount to be distributed for such programs for 1996 in such',
'area. b not later than 60 days after the date of enactment of this act, the legal services corporation shall',
'promulgate regulations to implement a competitive selection process for the recipients of such grants and contracts. c such regulations shall',
'specify selection criteria for the recipients, which shall include 1 a demonstration of a full understanding of the basic legal',
'needs of the eligible clients to be served and a demonstration of the capability of serving the needs; 2 the',
'quality, feasibility, and cost effectiveness of a plan submitted by an applicant for the delivery of legal assistance to the',
'eligible clients to be served; and 3 the experience of the legal services corporation with the applicant, if the applicant',
'has previously received financial assistance from the corporation, including the record of the applicant of past compliance with corporation policies,',
'practices, and restrictions. d such regulations shall ensure that timely notice regarding an opportunity to submit an application for such',
'an award is published in periodicals of local and state bar associations and in at least 1 daily newspaper of',
'general circulation in the area to be served by the person or entity receiving the award. e no person or',
'entity that was previously awarded a grant or contract by the legal services corporation for the provision of legal assistance',
'may be given any preference in the competitive selection process. f for the purposes of the funding provided in this',
'act, rights under sections 1007 a 9 and 1011 of the legal services corporation act 42 u.s.c. 2996f a 9',
'and 42 u.s.c. 2996j shall not apply. sec. 504. a none of the funds appropriated in this act to the',
'legal services corporation may be used to provide financial assistance to any person or entity which may be referred to',
'in this section as a recipient 1 that makes available any funds, personnel, or equipment for use in advocating or',
'opposing any plan or proposal, or represents any party or participates in any other way in litigation, that is intended',
'to or has the effect of altering, revising, or reapportioning a legislative, judicial, or elective district at any level of',
'government, including influencing the timing or manner of the taking of a census; 2 that attempts to influence the issuance,',
'amendment, or revocation of any executive order, regulation, or other statement of general applicability and future effect by any federal,',
'state, or local agency; 3 that attempts to influence any part of any adjudicatory proceeding of any federal, state, or',
'local agency if such part of the proceeding is designed for the formulation or modification of any agency policy of',
'general applicability and future effect; 4 that attempts to influence the passage or defeat of any legislation, constitutional amendment, referendum,',
'initiative, or any similar procedure of the congress or a state or local legislative body; 5 that attempts to influence',
'the conduct of oversight proceedings of the corporation or any person or entity receiving financial assistance provided by the corporation;',
'6 that pays for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, administrative expense, or related',
'expense, associated with an activity prohibited in this section; 7 that initiates or participates in a class action suit; 8',
'that files a complaint or otherwise initiates or participates in litigation against a defendant, or engages in a precomplaint settlement',
'negotiation with a prospective defendant, unless a each plaintiff has been specifically identified, by name, in any complaint filed for',
'purposes of such litigation or prior to the precomplaint settlement negotiation; and b a statement or statements of facts written',
'in english and, if necessary, in a language that the plaintiffs understand, that enumerate the particular facts known to the',
'plaintiffs on which the complaint is based, have been signed by the plaintiffs, are kept on file by the recipient,',
'and are made available to any federal department or agency that is auditing or monitoring the activities of the corporation',
'or of the recipient, and to any auditor or monitor receiving federal funds to conduct such auditing or monitoring, including',
'any auditor or monitor of the corporation: 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 disclosure of the identity',
'of any potential plaintiff pending the outcome of such litigation or negotiations after notice and an opportunity for a hearing',
'is provided to potential parties to the litigation or the negotiations: provided further, that other parties to the litigation or',
'negotiation shall have access to the statement of facts referred to in subparagraph b only through the discovery process after',
'litigation has begun; 9 unless a prior to the provision of financial assistance i if the person or entity is',
'a nonprofit organization, the governing board of the person or entity has set specific priorities in writing, pursuant to section',
'1007 a 2 c i of the legal services corporation act 42 u.s.c. 2996f a 2 c i , of',
'the types of matters and cases to which the staff of the nonprofit organization shall devote time and resources; and',
'ii the staff of such person or entity has signed a written agreement not to undertake cases or matters other',
'than in accordance with the specific priorities set by such governing board, except in emergency situations defined by such board',
'and in accordance with the written procedures of such board for such situations; and b the staff of such person',
'or entity provides to the governing board on a quarterly basis, and to the corporation on an annual basis, information',
'on all cases or matters undertaken other than cases or matters undertaken in accordance with such priorities; 10 unless a',
'prior to receiving the financial assistance, such person or entity agrees to maintain records of time spent on each case',
'or matter with respect to which the person or entity is engaged; b any funds, including interest on lawyers trust',
'account funds, received from a source other than the corporation by the person or entity, and disbursements of such funds,',
'are accounted for and reported as receipts and disbursements, respectively, separate and distinct from corporation funds; and c the person',
'or entity agrees notwithstanding section 1006 b 3 of the legal services corporation act 42 u.s.c. 2996e b 3 to',
'make the records described in this paragraph available to any federal department or agency that is auditing or monitoring the',
'activities of the corporation or of the recipient, and to any independent auditor or monitor receiving federal funds to conduct',
'such auditing or monitoring, including any auditor or monitor of the corporation; 11 that provides legal assistance for or on',
'behalf of any alien, unless the alien is present in the united states and is a an alien lawfully admitted',
'for permanent 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 i is married to a united states citizen or is a parent or an',
'unmarried child under the age of 21 years of such a citizen; and ii has filed an application to adjust',
'the status of the alien to the status of a lawful permanent resident under the immigration and nationality act 8',
'u.s.c. 1101 et seq. , which application has not been rejected; c an alien who is lawfully present in the',
'united states pursuant to an admission under section 207 of the immigration and nationality act 8 u.s.c. 1157 relating to',
'refugee admission or who has been granted asylum by the attorney general under such act; d an alien who is',
'lawfully present in the united states as a result of withholding of deportation by the attorney general pursuant to section',
'243 h of the immigration and nationality act 8 u.s.c. 1253 h ; e an alien to whom section 305',
'of the immigration reform and control act of 1986 8 u.s.c. 1101 note applies, but only to the extent that',
'the legal assistance provided is the legal assistance described in such section; or f an alien who is lawfully present',
'in the united states as a result of being granted conditional entry to the united states before april 1, 1980,',
'pursuant to section 203 a 7 of the immigration and nationality act 8 u.s.c. 1153 a 7 , as in',
'effect on march 31, 1980, because of persecution or fear of persecution on account of race, religion, or political calamity;',
'12 that supports or conducts a training program for the purpose of advocating a particular public policy or encouraging a',
'political activity, a labor or antilabor activity, a boycott, picketing, a strike, or a demonstration, including the dissemination of information',
'about such a policy or activity, except that this paragraph shall not be construed to prohibit the provision of training',
'to an attorney or a paralegal to prepare the attorney or paralegal to provide a adequate legal assistance to eligible',
'clients; or b advice to any eligible client as to the legal rights of the client; 13 that claims or',
'whose employee claims , or collects and retains, attorneys fees pursuant to any federal or state law permitting or requiring',
'the awarding of such fees; 14 that participates in any litigation with respect to abortion; 15 that participates in any',
'litigation on behalf of a person incarcerated in a federal, state, or local prison; 16 that initiates legal representation or',
'participates in any other way, in litigation, lobbying, or rulemaking, involving an effort to reform a federal or state welfare',
'system, except that this paragraph shall not be construed to preclude a recipient from representing an individual eligible client who',
'is seeking specific relief from a welfare agency if such relief does not involve an effort to amend or otherwise',
'challenge existing law in effect on the date of the initiation of the representation; 17 that defends a person in',
'a proceeding to evict the person from a public housing project if a the person has been charged with the',
'illegal sale or distribution of a controlled substance; and b the eviction proceeding is brought by a public housing agency',
'because the illegal drug activity of the person threatens the health or safety of another tenant residing in the public',
'housing project or employee of the public housing agency; 18 unless such person or entity agrees that the person or',
'entity, and the employees of the person or entity, will not accept employment resulting from in person unsolicited advice to',
'a nonattorney that such nonattorney should obtain counsel or take legal action, and will not refer such nonattorney to another',
'person or entity or an employee of the person or entity, that is receiving financial assistance provided by the corporation;',
'or 19 unless such person or entity enters into a contractual agreement to be subject to all provisions of federal',
'law relating to the proper use of federal funds, the violation of which shall render any grant or contractual agreement',
'to provide funding null and void, and, for such purposes, the corporation shall be considered to be a federal agency',
'and all funds provided by the corporation shall be considered to be federal funds provided by grant or contract. b',
'nothing in this section shall be construed to prohibit a recipient from using funds from a source other than the',
'legal services corporation for the purpose of contacting, communicating with, or responding to a request from, a state or local',
'government agency, a state or local legislative body or committee, or a member thereof, regarding funding for the recipient, including',
'a pending or proposed legislative or agency proposal to fund such recipient. c not later than 30 days after the',
'date of enactment of this act, the legal services corporation shall promulgate a suggested list of priorities that boards of',
'directors may use in setting priorities under subsection a 9 . d 1 the legal services corporation shall not accept',
'any non federal funds, and no recipient shall accept funds from any source other than the corporation, unless the corporation',
'or the recipient, as the case may be, notifies in writing the source of the funds that the funds may',
'not be expended for any purpose prohibited by the legal services corporation act or this title. 2 paragraph 1 shall',
'not prevent a recipient from a receiving indian tribal funds including funds from private nonprofit organizations for the benefit of',
'indians or indian tribes and expending the tribal funds in accordance with the specific purposes for which the tribal funds',
'are provided; or b using funds received from a source other than the legal services corporation to provide legal assistance',
'to a covered individual if such funds are used for the specific purposes for which such funds were received, except',
'that such funds may not be expended by recipients for any purpose prohibited by this act or by the legal',
'services corporation act. e nothing in this section shall be construed to prohibit a recipient from using funds derived from',
'a source other than the legal services corporation to comment on public rulemaking or to respond to a written request',
'for information or testimony from a federal, state or local agency, legislative body or committee, or a member of such',
'an agency, body, or committee, so long as the response is made only to the parties that make the request',
'and the recipient does not arrange for the request to be made. f as used in this section: 1 the',
'term controlled substance has the meaning given the term in section 102 of the controlled substances act 21 u.s.c. 802',
'. 2 the term covered individual means any person who a except as provided in subparagraph b , meets the',
'requirements of this act and the legal services corporation act relating to eligibility for legal assistance; and b may or',
'may not be financially unable to afford legal assistance. 3 the term public housing project has the meaning as used',
'within, and the term public housing agency has the meaning given the term, in section 3 of the united states',
'housing act of 1937 42 u.s.c. 1437a . sec. 505. none of the funds appropriated in this act to the',
'legal services corporation or provided by the corporation to any entity or person may be used to pay membership dues',
'to any private or nonprofit organization. sec. 506. none of the funds appropriated in this act to the legal services',
'corporation may be used by any person or entity receiving financial assistance from the corporation to file or pursue a',
'lawsuit against the corporation. sec. 507. none of the funds appropriated in this act to the legal services corporation may',
'be used for any purpose prohibited or contrary to any of the provisions of authorization legislation for fiscal year 1996',
'for the legal services corporation that is enacted into law. upon the enactment of such legal services corporation 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 effect. sec. 508. a the requirements of',
'section 504 shall apply to the activities of a recipient described in section 504, or an employee of such a',
'recipient, during the provision of legal assistance for a case or matter, if the recipient or employee begins to provide',
'the legal assistance on or after the date of enactment of this act. b if the recipient or employee began',
'to provide legal assistance for the case or matter prior to the date of enactment of this act 1 each',
'of the requirements of section 504 other than paragraphs 7 , 11 , 13 , and 15 of subsection a',
'of such section shall, beginning on the date of enactment of this act, apply to the activities of the recipient',
'or employee during the provision of legal assistance for the case or matter; 2 the requirements of paragraphs 7 ,',
'11 , and 15 of section 504 a shall apply a beginning on the date of enactment of this act,',
'to the activities of the recipient or employee during the provision of legal assistance for any additional related claim for',
'which the recipient or employee begins to provide legal assistance on or after such date; and b beginning august 1,',
'1996, to all other activities of the recipient or employee during the provision of legal assistance for the case or',
'matter; and 3 the requirements of paragraph 13 of section 504 a a shall apply beginning on the date of',
'enactment of this act to the activities of the recipient or employee during the provision of legal assistance for any',
'additional related claim for which the recipient or employee begins to provide legal assistance on or after such date; and',
'b shall not apply to all other activities of the recipient or employee during the provision of legal assistance for',
'the case or matter. c the legal services corporation shall, every 60 days, submit to the committees on appropriations of',
'the senate and house of representatives a report setting forth the status of cases and matters referred to in subsection',
'b 2 . sec. 509. a an audit of each person or entity receiving financial assistance from the legal services',
'corporation under this act referred to in this section as a recipient shall be conducted in accordance with generally accepted',
'government auditing standards and guidance established by the office of the inspector general and shall report whether 1 the financial',
'statements of the recipient present fairly its financial position and the results of its financial operations in accordance with generally',
'accepted accounting principles; 2 the recipient has internal control systems to provide reasonable assurance that it is managing funds, regardless',
'of source, in compliance with federal laws and regulations; and 3 the recipient has complied with federal laws and regulations',
'applicable to funds received, regardless of source. b in carrying out the requirements of subsection a 3 , the auditor',
'shall select and test a representative number of transactions and report all instances of noncompliance to the recipient. the recipient',
'shall report in writing any noncompliance found by the auditor during the audit under this section within 5 business days',
'to the office of the inspector general and shall provide a copy of the report simultaneously to the auditor. if',
'the recipient fails to report the noncompliance, the auditor shall report the noncompliance directly to the office of the inspector',
'general within 5 business days of the recipients failure to report. the auditor shall not be liable in a private',
'action for any finding, conclusion, or statement expressed in a report made pursuant to this section. c the audits required',
'under this section shall be provided for by the recipients and performed by independent public accountants. the cost of such',
'audits shall be shared on a pro rata basis among all of the recipients funding providers and the appropriate share',
'shall be an allowable charge to the federal funds provided by the legal services corporation. no audit costs may be',
'charged to the federal funds when the audit required by this section has not been made in accordance with the',
'guidance promulgated by the office of the inspector general. if the recipient fails to have an acceptable audit in accordance',
'with the guidance promulgated by the office of the inspector general, the following sanctions shall be available to the corporation',
'as recommended by the office of the inspector general: 1 the withholding of a percentage of the recipients funding until',
'the audit is completed satisfactorily. 2 the suspension of recipients funding until an acceptable audit is completed. d the office',
'of the inspector general may remove, suspend, or bar an independent public accountant, upon a showing of good cause, from',
'performing audit services required by this section. any such action to remove, suspend, or bar an auditor shall be only',
'after notice to the auditor and an opportunity for hearing. the office of the inspector general shall develop and issue',
'rules of practice to implement this paragraph. e any independent public accountant performing an audit under this section who subsequently',
'ceases to be the accountant for the recipient shall promptly notify the office of the inspector general pursuant to such',
'rules as the office of the inspector general shall prescribe. f audits conducted in accordance with this section shall be',
'in lieu of the financial audits otherwise required by section 1009 c of the legal services corporation act 42 u.s.c.',
'2996h c . g the office of the inspector general is authorized to conduct on site monitoring, audits, and inspections',
'in accordance with federal standards. h notwithstanding section 1006 b 3 of the legal services corporation act 42 u.s.c. 2996e',
'b 3 , financial records, time records, retainer agreements, client trust fund and eligibility records, and client names, for each',
'recipient shall be made available to any auditor or monitor of the recipient, including any federal department or agency that',
'is auditing or monitoring the activities of the corporation or of the recipient, and any independent auditor or monitor receiving',
'federal funds to conduct such auditing or monitoring, including any auditor or monitor of the corporation, except for reports or',
'records subject to the attorney client privilege. i the legal services corporation shall not disclose any name or document referred',
'to in subsection h , except to 1 a federal, state, or local law enforcement official; or 2 an official',
'of an appropriate bar association for the purpose of enabling the official to conduct an investigation of a rule of',
'professional conduct. j the recipient management shall be responsible for expeditiously resolving all reported audit reportable conditions, findings, and recommendations,',
'including those of sub recipients. k the legal services corporation shall 1 follow up on significant reportable conditions, findings, and',
'recommendations found by the independent public accountants and reported to corporation management by the office of the inspector general to',
'ensure that instances of deficiencies and noncompliance are resolved in a timely manner, and 2 develop procedures to ensure effective',
'follow up that meet at a minimum the requirements of office of management and budget circular number a 50. l',
'the requirements of this section shall apply to a recipient for its first fiscal year beginning on or after january',
'1, 1996. marine mammal commission salaries and expenses for necessary expenses of the marine mammal commission as authorized by title',
'ii of public law 92 522, as amended, $1,190,000. martin luther king, jr. federal holiday commission salaries and expenses for',
'necessary expenses of the martin luther king, jr. federal holiday commission, as authorized by public law 98 399, as amended,',
'$350,000: provided, that this shall be the final federal payment to the martin luther king, jr. federal holiday commission for',
'operations and necessary closing costs. ounce of prevention council for activities authorized by sections 30101 and 30102 of public law',
'103 322 including administrative costs , $1,500,000, to remain available until expended, for the ounce of prevention grant program: provided,',
'that the council may accept and use gifts and donations, both real and personal, for the purpose of aiding or',
'facilitating the authorized activities of the council, of which not to exceed $5,000 may be used for official reception and',
'representation expenses. securities and exchange commission salaries and expenses for necessary expenses for the securities and exchange 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 representation expenses, $287,738,000, of which $3,000,000 is for the',
'office of economic analysis, to be headed by the chief economist of the commission, and of which not to exceed',
'$10,000 may be used toward funding a permanent secretariat for the international organization of securities commissions, and of which not',
'to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the commission with foreign governmental and',
'other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to securities matters,',
'development and implementation of cooperation agreements concerning securities matters and provision of technical assistance for the development of foreign securities',
'markets, such expenses to include necessary logistic and administrative expenses and the expenses of commission staff and foreign invitees in',
'attendance at such consultations and meetings including: i such incidental expenses as meals taken in the course of such attendance,',
'ii any travel and transportation to or from such meetings, and iii any other related lodging or subsistence: provided, that',
'immediately upon enactment of this act, the rate of fees under section 6 b of the securities act of 1933',
'15 u.s.c. 77f b shall increase from one fiftieth of one percentum to one twenty ninth of one percentum, and',
'such increase shall be deposited as an offsetting collection to this appropriation, to remain available until expended, to recover costs',
'of services of the securities registration process: provided further, that the total amount appropriated for fiscal year 1996 under this',
'heading shall be reduced as such fees are deposited to this appropriation so as to result in a final total',
'fiscal year 1996 appropriation from the general fund estimated at not more than $103,445,000: provided further, that any such fees',
'collected in excess of $184,293,000 shall remain available until expended but shall not be available for obligation until october 1,',
'1996: provided further, that $1,000,000 of the funds appropriated for the commission shall be available for the enforcement of the',
'investment advisers act of 1940 in addition to any other appropriated funds designated by the commission for enforcement of such',
'act. small business administration salaries and expenses for necessary expenses, not otherwise provided for, of the small business administration as',
'authorized by public law 103 403, including hire of passenger motor vehicles as authorized by 31 u.s.c. 1343 and 1344,',
'and not to exceed $3,500 for official reception and representation expenses, $219,190,000: provided, that the administrator is authorized to charge',
'fees to cover the cost of publications developed by the small business administration, and certain loan servicing activities: 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 , $8,500,000. business loans program account for the cost of direct loans, $4,500,000,',
'and for the cost of guaranteed loans, $156,226,000, as authorized by 15 u.s.c. 631 note, of which $1,216,000, to be',
'available until expended, shall be for the microloan guarantee 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 congressional budget act of 1974: provided further, that during fiscal year 1996, commitments to guarantee loans under section 503',
'of the small business investment act of 1958, as amended, shall not exceed the amount of financings authorized under section',
'20 n 2 b of the small business act, as amended. in addition, for administrative expenses to carry out the',
'direct and guaranteed loan programs, $92,622,000, which may be transferred to and merged with the 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, $71,578,000, 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 guarantees revolving fund, authorized by the small business',
'investment act, as amended, $2,530,000, to remain available without fiscal year limitation as authorized by 15 u.s.c. 631 note. administrative',
'provision small business administration sec. 510. not to exceed 5 percent of any appropriation made available for the current fiscal',
'year for the small business administration in this act may be transferred between such appropriations, but no such appropriation shall',
'be increased by more than 10 percent by any such transfers: provided, that any transfer pursuant to this section shall',
'be treated as a reprogramming of funds under section 605 of this act and shall not be available for obligation',
'or expenditure except in compliance with the procedures set forth in that section. state justice institute salaries and expenses for',
'necessary expenses of the state justice institute, as authorized by the state justice institute authorization act of 1992 public law',
'102 572 106 stat. 4515 4516 , $5,000,000 to remain available until expended: provided, that not to exceed $2,500 shall',
'be available for official reception and representation expenses. title vi general provisions sec. 601. no part of any appropriation contained',
'in this act shall be used for publicity or propaganda purposes not authorized by the congress. sec. 602. no part',
'of any appropriation contained in this act shall remain available for obligation beyond the current fiscal year unless expressly so',
'provided herein. sec. 603. the expenditure of any appropriation under this act for any consulting service through procurement 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 existing executive order issued pursuant to existing',
'law. sec. 604. if any provision of this act or the application of such provision to any person or circumstances',
'shall be held invalid, the remainder of the act and the application of each provision to persons or circumstances other',
'than those as to which it is held invalid shall not be affected 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 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 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 reorganizes offices, programs, or activities; or 6 contracts out or privatizes any functions',
'or activities presently performed by federal employees; unless the appropriations committees of both houses of congress are notified fifteen 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 agencies 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 percent, whichever is less, that 1 augments existing programs, projects, or',
'activities; 2 reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10',
'percent as approved by congress; or 3 results from any general savings from a reduction 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 administration in shipyards located outside of the united states. sec. 607. a',
'purchase of american made equipment and products. it is the sense of the congress that, to the greatest extent practicable,',
'all equipment 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 entity 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 statement',
'made in subsection a by the congress. sec. 608. none of the funds made available in this act may be',
'used to implement, administer, or enforce any guidelines of the equal employment opportunity commission covering harassment based on religion, when',
'it is made known to the federal entity or official to which such funds are made available that such guidelines',
'do not differ in any respect from the proposed guidelines published by the commission on october 1, 1993 58 fed.',
'reg. 51266 . sec. 609. none of the funds appropriated or otherwise made available by this act may be obligated',
'or expended to pay for any cost incurred for 1 opening or operating any united states diplomatic or consular post',
'in the socialist republic of vietnam that was not operating on july 11, 1995; 2 expanding 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, unless the president certifies within 60 days, based upon all information available to the',
'united states government that the government of the socialist republic of vietnam is cooperating in full faith with the united',
'states in the following four areas: 1 resolving discrepancy cases, live sightings and field activities, 2 recovering and repatriating american',
'remains, 3 accelerating efforts to provide documents that will help lead to fullest possible accounting of pow/ mias. 4 providing',
'further assistance in implementing trilateral investigations with laos. sec. 610. none of the funds made available by this act may',
'be used for any united nations undertaking when it is made known to the federal official having authority to obligate',
'or expend such funds 1 that the united nations undertaking is a peacekeeping mission, 2 that such undertaking will involve',
'united states armed forces under the command or operational control of a foreign national, and 3 that the presidents military',
'advisors have not submitted to the president a recommendation that such involvement is in the national security interests of the',
'united states and the president has not submitted 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 personal comforts in the federal prison',
'system 1 in cell television viewing except for prisoners who are segregated from the general prison population for their own',
'safety; 2 the viewing of r, x, and nc 17 rated movies, 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 electronic musical instrument. sec. 612. none of the funds made available in title ii',
'for the national oceanic and atmospheric administration under the heading fleet modernization, shipbuilding 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. a 1 section 5002 of title 18,',
'united states code, is repealed. 2 the table of sections for chapter 401 of title 18, united states code, is',
'amended by striking out the item relating to the advisory corrections council. b this section shall take effect 30 days',
'after the date of the enactment of this act. sec. 615. any costs incurred by a department or agency funded',
'under this act resulting from personnel actions taken in response to funding reductions included in this act shall be absorbed',
'within the total budgetary resources available to such department or agency: provided, that the authority to transfer funds between appropriations',
'accounts as may be necessary to carry out this provision is provided in addition to authorities included elsewhere in this',
'act: provided further, that use of funds to carry out this section shall be treated as a reprogramming of funds',
'under section 605 of this act and shall not be available for obligation or expenditure except in compliance with the',
'procedures set forth in that section. sec. 616. notwithstanding section 106 of public law 104 91, the general provisions for',
'the department of justice that were included in the conference report to accompany h.r. 2076 and were identified in the',
'amendment to public law 104 91 made by section 211 of public law 104 99 shall continue to remain in',
'effect as enacted into law. sec. 617. upon enactment of this act, the provisions of section 201 a of public',
'law 104 99 are superseded. title vii rescissions department of justice general administration working capital fund rescission of the unobligated',
'balances available under this heading, $65,000,000 are rescinded. department of state administration of foreign affairs acquisition and maintenance of buildings',
'abroad rescission of the unobligated balances available under this heading, $64,500,000 are rescinded. related agencies united states information agency radio',
'construction rescission of the unobligated balances available under this heading, $7,400,000 are rescinded. title viii prison litigation reform sec. 801.',
'short title. this title may be cited as the prison litigation reform act of 1995. sec. 802. appropriate remedies for',
'prison conditions. a in general. section 3626 of title 18, united states code, is amended to read as follows: sec.',
'3626. appropriate remedies with respect to prison conditions a requirements for relief. 1 prospective relief. a prospective relief in any',
'civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the federal',
'right of a particular plaintiff or plaintiffs. the court shall not grant or approve any prospective relief unless the court',
'finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the federal right,',
'and is the least intrusive means necessary to correct the violation of the federal right. the court shall give substantial',
'weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief.',
'b the court shall not order any prospective relief that requires or permits a government official to exceed his or',
'her authority under state or local law or otherwise violates state or local law, unless i federal law permits such',
'relief to be ordered in violation of state or local law; ii the relief is necessary to correct the violation',
'of a federal right; and iii no other relief will correct the violation of the federal right. c nothing in',
'this section shall be construed to authorize the courts, in exercising their remedial powers, to order the construction of prisons',
'or the raising of taxes, or to repeal or detract from otherwise applicable limitations on the remedial powers of the',
'courts. 2 preliminary injunctive relief. in any civil action with respect to prison conditions, to the extent otherwise authorized by',
'law, the court may enter a temporary restraining order or an order for preliminary injunctive relief. preliminary injunctive relief must',
'be narrowly drawn, extend no further than necessary to correct the harm the court finds requires preliminary relief, and be',
'the least intrusive means necessary to correct that harm. the court shall give substantial weight to any adverse impact on',
'public safety or the operation of a criminal justice system caused by the preliminary relief and shall respect the principles',
'of comity set out in paragraph 1 b in tailoring any preliminary relief. preliminary injunctive relief shall automatically expire on',
'the date that is 90 days after its entry, unless the court makes the findings required under subsection a 1',
'for the entry of prospective relief and makes the order final before the expiration of the 90 day period. 3',
'prisoner release order. a in any civil action with respect to prison conditions, no prisoner release order shall be entered',
'unless i a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation',
'of the federal right sought to be remedied through the prisoner release order; and ii the defendant has had a',
'reasonable amount of time to comply with the previous court orders. b in any civil action in federal court with',
'respect to prison conditions, a prisoner release order shall be entered only by a three judge court in accordance with',
'section 2284 of title 28, if the requirements of subparagraph e have been met. c a party seeking a prisoner',
'release order in federal court shall file with any request for such relief, a request for a three judge court',
'and materials sufficient to demonstrate that the requirements of subparagraph a have been met. d if the requirements under subparagraph',
'a have been met, a federal judge before whom a civil action with respect to prison conditions is pending who',
'believes that a prison release order should be considered may sua sponte request the convening of a three judge court',
'to determine whether a prisoner release order should be entered. e the three judge court shall enter a prisoner release',
'order only if the court finds by clear and convincing evidence that i crowding is the primary cause of the',
'violation of a federal right; and ii no other relief will remedy the violation of the federal right. f any',
'state or local official or unit of government whose jurisdiction or function includes the appropriation of funds for the construction,',
'operation, or maintenance of program facilities, or the prosecution or custody of persons who may be released from, or not',
'admitted to, a prison as a result of a prisoner release order shall have standing to oppose the imposition or',
'continuation in effect of such relief and to seek termination of such relief, and shall have the right to intervene',
'in any proceeding relating to such relief. b termination of relief. 1 termination of prospective relief. a in any civil',
'action with respect to prison conditions in which prospective relief is ordered, such relief shall be terminable upon the motion',
'of any party or intervener i 2 years after the date the court granted or approved the prospective relief; ii',
'1 year after the date the court has entered an order denying termination of prospective relief under this paragraph; or',
'iii in the case of an order issued on or before the date of enactment of the prison litigation reform',
'act, 2 years after such date of enactment. b nothing in this section shall prevent the parties from agreeing to',
'terminate or modify relief before the relief is terminated under subparagraph a . 2 immediate termination of prospective relief. in',
'any civil action with respect to prison conditions, a defendant or intervener shall be entitled to the immediate termination of',
'any prospective relief if the relief was approved or granted in the absence of a finding by the court that',
'the relief is narrowly drawn, extends no further than necessary to correct the violation of the federal right, and is',
'the least intrusive means necessary to correct the violation of the federal right. 3 limitation. prospective relief shall not terminate',
'if the court makes written findings based on the record that prospective relief remains necessary to correct a current or',
'ongoing violation of the federal right, extends no further than necessary to correct the violation of the federal right, and',
'that the prospective relief is narrowly drawn and the least intrusive means to correct the violation. 4 termination or modification',
'of relief. nothing in this section shall prevent any party or intervener from seeking modification or termination before the relief',
'is terminable under paragraph 1 or 2 , to the extent that modification or termination would otherwise be legally permissible.',
'c settlements. 1 consent decrees. in any civil action with respect to prison conditions, the court shall not enter or',
'approve a consent decree unless it complies with the limitations on relief set forth in subsection a . 2 private',
'settlement agreements. a nothing in this section shall preclude parties from entering into a private settlement agreement that does not',
'comply with the limitations on relief set forth in subsection a , if the terms of that agreement are not',
'subject to court enforcement other than the reinstatement of the civil proceeding that the agreement settled. b nothing in this',
'section shall preclude any party claiming that a private settlement agreement has been breached from seeking in state court any',
'remedy available under state law. d state law remedies. the limitations on remedies in this section shall not apply to',
'relief entered by a state court based solely upon claims arising under state law. e procedure for motions affecting prospective',
'relief. 1 generally. the court shall promptly rule on any motion to modify or terminate prospective relief in a civil',
'action with respect to prison conditions. 2 automatic stay. any prospective relief subject to a pending motion shall be automatically',
'stayed during the period a i beginning on the 30th day after such motion is filed, in the case of',
'a motion made under paragraph 1 or 2 of subsection b ; or ii beginning on the 180th day after',
'such motion is filed, in the case of a motion made under any other law; and b ending on the',
'date the court enters a final order ruling on the motion. f special masters. 1 in general. a in any',
'civil action in a federal court with respect to prison conditions, the court may appoint a special master who shall',
'be disinterested and objective and who will give due regard to the public safety, to conduct hearings on the record',
'and prepare proposed findings of fact. b the court shall appoint a special master under this subsection during the remedial',
'phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment.',
'2 appointment. a if the court determines that the appointment of a special master is necessary, the court shall request',
'that the defendant institution and the plaintiff each submit a list of not more than 5 persons to serve as',
'a special master. b each party shall have the opportunity to remove up to 3 persons from the opposing partys',
'list. c the court shall select the master from the persons remaining on the list after the operation of subparagraph',
'b . 3 interlocutory appeal. any party shall have the right to an interlocutory appeal of the judges selection of',
'the special master under this subsection, on the ground of partiality. 4 compensation. the compensation to be allowed to a',
'special master under this section shall be based on an hourly rate not greater than the hourly rate established under',
'section 3006a for payment of court appointed counsel, plus costs reasonably incurred by the special master. such compensation and costs',
'shall be paid with funds appropriated to the judiciary. 5 regular review of appointment. in any civil action with respect',
'to prison conditions in which a special master is appointed under this subsection, the court shall review the appointment of',
'the special master every 6 months to determine whether the services of the special master continue to be required under',
'paragraph 1 . in no event shall the appointment of a special master extend beyond the termination of the relief.',
'6 limitations on powers and duties. a special master appointed under this subsection a may be authorized by a court',
'to conduct hearings and prepare proposed findings of fact, which shall be made on the record; b shall not make',
'any findings or communications ex parte; c may be authorized by a court to assist in the development of remedial',
'plans; and d may be removed at any time, but shall be relieved of the appointment upon the termination of',
'relief. g definitions. as used in this section 1 the term consent decree means any relief entered by the court',
'that is based in whole or in part upon the consent or acquiescence of the parties but does not include',
'private settlements; 2 the term civil action with respect to prison conditions means any civil proceeding arising under federal law',
'with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons',
'confined in prison, but does not include habeas corpus proceedings challenging the fact or duration of confinement in prison; 3',
'the term prisoner means any person subject to incarceration, detention, or admission to any facility who is accused of, convicted',
'of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial',
'release, or diversionary program; 4 the term prisoner release order includes any order, including a temporary restraining order or preliminary',
'injunctive relief, that has the purpose or effect of reducing or limiting the prison population, or that directs the release',
'from or nonadmission of prisoners to a prison; 5 the term prison means any federal, state, or local facility that',
'incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law;',
'6 the term private settlement agreement means an agreement entered into among the parties that is not subject to judicial',
'enforcement other than the reinstatement of the civil proceeding that the agreement settled; 7 the term prospective relief means all',
'relief other than compensatory monetary damages; 8 the term special master means any person appointed by a federal court pursuant',
'to rule 53 of the federal rules of civil procedure or pursuant to any inherent power of the court to',
'exercise the powers of a master, regardless of the title or description given by the court; and 9 the term',
'relief means all relief in any form that may be granted or approved by the court, and includes consent decrees',
'but does not include private settlement agreements.. b application of amendment. 1 in general. section 3626 of title 18, united',
'states code, as amended by this section, shall apply with respect to all prospective relief whether such relief was originally',
'granted or approved before, on, or after the date of the enactment of this title. 2 technical amendment. subsections b',
'and d of section 20409 of the violent crime control and law enforcement act of 1994 are repealed. c clerical',
'amendment. the table of sections at the beginning of subchapter c of chapter 229 of title 18, united states code,',
'is amended to read as follows: 3626. appropriate remedies with respect to prison conditions.. sec. 803. amendments to civil rights',
'of institutionalized persons act. a initiation of civil actions. section 3 c of the civil rights of institutionalized persons act',
'42 u.s.c. 1997a c referred to in this section as the act is amended to read as follows: c the',
'attorney general shall personally sign any complaint filed pursuant to this section.. b certification requirements. section 4 of the act',
'42 u.s.c. 1997b is amended 1 in subsection a a by striking he each place it appears and inserting the',
'attorney general; and b by striking his and inserting the attorney generals; and 2 by amending subsection b to read',
'as follows: b the attorney general shall personally sign any certification made pursuant to this section.. c intervention in actions.',
'section 5 of the act 42 u.s.c. 1997c is amended 1 in subsection b a in paragraph 1 , by',
'striking he each place it appears and inserting the attorney general; and b by amending paragraph 2 to read as',
'follows: 2 the attorney general shall personally sign any certification made pursuant to this section. ; and 2 by amending',
'subsection c to read as follows: c the attorney general shall personally sign any motion to intervene made pursuant to',
'this section.. d suits by prisoners. section 7 of the act 42 u.s.c. 1997e is amended to read as follows:',
'sec. 7. suits by prisoners. a applicability of administrative remedies. no action shall be brought with respect to prison conditions',
'under section 1979 of the revised statutes of the united states 42 u.s.c. 1983 , or any other federal law,',
'by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are',
'exhausted. b failure of state to adopt or adhere to administrative grievance procedure. the failure of a state to adopt',
'or adhere to an administrative grievance procedure shall not constitute the basis for an action under section 3 or 5',
'of this act. c dismissal. 1 the court shall on its own motion or on the motion of a party',
'dismiss any action brought with respect to prison conditions under section 1979 of the revised statutes of the united states',
'42 u.s.c. 1983 , or any other federal law, by a prisoner confined in any jail, prison, or other correctional',
'facility if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief',
'can be granted, or seeks monetary relief from a defendant who is immune from such relief. 2 in the event',
'that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted,',
'or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim',
'without first requiring the exhaustion of administrative remedies. d attorneys fees. 1 in any action brought by a prisoner who',
'is confined to any jail, prison, or other correctional facility, in which attorneys fees are authorized under section 2 of',
'the revised statutes of the united states 42 u.s.c. 1988 , such fees shall not be awarded, except to the',
'extent that a the fee was directly and reasonably incurred in proving an actual violation of the plaintiffs rights protected',
'by a statute pursuant to which a fee may be awarded under section 2 of the revised statutes; and b',
'i the amount of the fee is proportionately related to the court ordered relief for the violation; or ii the',
'fee was directly and reasonably incurred in enforcing the relief ordered for the violation. 2 whenever a monetary judgment is',
'awarded in an action described in paragraph 1 , a portion of the judgment not to exceed 25 percent shall',
'be applied to satisfy the amount of attorneys fees awarded against the defendant. if the award of attorneys fees is',
'not greater than 150 percent of the judgment, the excess shall be paid by the defendant. 3 no award of',
'attorneys fees in an action described in paragraph 1 shall be based on an hourly rate greater than 150 percent',
'of the hourly rate established under section 3006a of title 18, united states code, for payment of court appointed counsel.',
'4 nothing in this subsection shall prohibit a prisoner from entering into an agreement to pay an attorneys fee in',
'an amount greater than the amount authorized under this subsection, if the fee is paid by the individual rather than',
'by the defendant pursuant to section 2 of the revised statutes of the united states 42 u.s.c. 1988 . e',
'limitation on recovery. no federal civil action may be brought by a prisoner confined in a jail, prison, or other',
'correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury. f hearings.',
'1 to the extent practicable, in any action brought with respect to prison conditions in federal court pursuant to section',
'1979 of the revised statutes of the united states 42 u.s.c. 1983 , or any other federal law, by a',
'prisoner confined in any jail, prison, or other correctional facility, pretrial proceedings in which the prisoners participation is required or',
'permitted shall be conducted by telephone, video conference, or other telecommunications technology without removing the prisoner from the facility in',
'which the prisoner is confined. 2 subject to the agreement of the official of the federal, state, or local unit',
'of government with custody over the prisoner, hearings may be conducted at the facility in which the prisoner is confined.',
'to the extent practicable, the court shall allow counsel to participate by telephone, video conference, or other communications technology in',
'any hearing held at the facility. g waiver of reply. 1 any defendant may waive the right to reply to',
'any action brought by a prisoner confined in any jail, prison, or other correctional facility under section 1979 of the',
'revised statutes of the united states 42 u.s.c. 1983 or any other federal law. notwithstanding any other law or rule',
'of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint. no relief shall be',
'granted to the plaintiff unless a reply has been filed. 2 the court may require any defendant to reply to',
'a complaint brought under this section if it finds that the plaintiff has a reasonable opportunity to prevail on the',
'merits. h definition. as used in this section, the term prisoner means any person incarcerated or detained in any facility',
'who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and',
'conditions of parole, probation, pretrial release, or diversionary program.. e report to congress. section 8 of the act 42 u.s.c.',
'1997f is amended by striking his report and inserting the report. f notice to federal departments. section 10 of the',
'act 42 u.s.c. 1997h is amended 1 by striking his action and inserting the action; and 2 by striking he',
'is satisfied and inserting the attorney general is satisfied. sec. 804. proceedings in forma pauperis. a filing fees. section 1915',
'of title 28, united states code, is amended 1 in subsection a a by striking a any and inserting a',
'1 subject to subsection b , any; b by striking and costs; c by striking makes affidavit and inserting submits',
'an affidavit that includes a statement of all assets such prisoner possesses; d by striking such costs and inserting such',
'fees; e by striking he each place it appears and inserting the person; f by adding immediately after paragraph 1',
', the following new paragraph: 2 a prisoner seeking to bring a civil action or appeal a judgment in a',
'civil action or proceeding without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph',
'1 , shall submit a certified copy of the trust fund account statement or institutional equivalent for the prisoner for',
'the 6 month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official',
'of each prison at which the prisoner is or was confined. ; and g by striking an appeal and inserting',
'3 an appeal; 2 by redesignating subsections b , c , d , and e as subsections c , d',
', e , and f , respectively; 3 by inserting after subsection a the following new subsection: b 1 notwithstanding',
'subsection a , if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall',
'be required to pay the full amount of a filing fee. the court shall assess and, when funds exist, collect,',
'as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of',
'the greater of a the average monthly deposits to the prisoners account; or b the average monthly balance in the',
'prisoners account for the 6 month period immediately preceding the filing of the complaint or notice of appeal. 2 after',
'payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of 20 percent of',
'the preceding months income credited to the prisoners account. the agency having custody of the prisoner shall forward payments from',
'the prisoners account to the clerk of the court each time the amount in the account exceeds $10 until the',
'filing fees are paid. 3 in no event shall the filing fee collected exceed the amount of fees permitted by',
'statute for the commencement of a civil action or an appeal of a civil action or criminal judgment. 4 in',
'no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for',
'the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.',
'; 4 in subsection c , as redesignated by paragraph 2 , by striking subsection a of this section and',
'inserting subsections a and b and the prepayment of any partial filing fee as may be required under subsection b',
'; and 5 by amending subsection e , as redesignated by paragraph 2 , to read as follows: e 1',
'the court may request an attorney to represent any person unable to afford counsel. 2 notwithstanding any filing fee, or',
'any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court',
'determines that a the allegation of poverty is untrue; or b the action or appeal i is frivolous or malicious;',
'ii fails to state a claim on which relief may be granted; or iii seeks monetary relief against a defendant',
'who is immune from such relief.. b exception to discharge of debt in bankruptcy proceeding. section 523 a of title',
'11, united states code, is amended 1 in paragraph 16 , by striking the period at the end and inserting',
'; or; and 2 by adding at the end the following new paragraph: 17 for a fee imposed by a',
'court for the filing of a case, motion, complaint, or appeal, or for other costs and expenses assessed with respect',
'to such filing, regardless of an assertion of poverty by the debtor under section 1915 b or f of title',
'28, or the debtors status as a prisoner, as defined in section 1915 h of title 28.. c costs. section',
'1915 f of title 28, united states code as redesignated by subsection a 2 , is amended 1 by striking',
'f judgment and inserting f 1 judgment; 2 by striking cases and inserting proceedings; and 3 by adding at the',
'end the following new paragraph: 2 a if the judgment against a prisoner includes the payment of costs under this',
'subsection, the prisoner shall be required to pay the full amount of the costs ordered. b the prisoner shall be',
'required to make payments for costs under this subsection in the same manner as is provided for filing fees under',
'subsection a 2 . c in no event shall the costs collected exceed the amount of the costs ordered by',
'the court.. d successive claims. section 1915 of title 28, united states code, is amended by adding at the end',
'the following new subsection: g in no event shall a prisoner bring a civil action or appeal a judgment in',
'a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated',
'or detained in any facility, brought an action or appeal in a court of the united states that was dismissed',
'on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted,',
'unless the prisoner is under imminent danger of serious physical injury.. e definition. section 1915 of title 28, united states',
'code, is amended by adding at the end the following new subsection: h as used in this section, the term',
'prisoner means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated',
'delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.. sec.',
'805. judicial screening. a in general. chapter 123 of title 28, united states code, is amended by inserting after section',
'1915 the following new section: sec. 1915a. screening a screening. the court shall review, before docketing, if feasible or, in',
'any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress',
'from a governmental entity or officer or employee of a governmental entity. b grounds for dismissal. on review, the court',
'shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint 1 is frivolous,',
'malicious, or fails to state a claim upon which relief may be granted; or 2 seeks monetary relief from a',
'defendant who is immune from such relief. c definition. as used in this section, the term prisoner means any person',
'incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of',
'criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.. b technical amendment. the analysis',
'for chapter 123 of title 28, united states code, is amended by inserting after the item relating to section 1915',
'the following new item: 1915a. screening.. sec. 806. federal tort claims. section 1346 b of title 28, united states code,',
'is amended 1 by striking b and inserting b 1 ; and 2 by adding at the end the following:',
'2 no person convicted of a felony who is incarcerated while awaiting sentencing or while serving a sentence may bring',
'a civil action against the united states or an agency, officer, or employee of the government, for mental or emotional',
'injury suffered while in custody without a prior showing of physical injury.. sec. 807. payment of damage award in satisfaction',
'of pending restitution orders. any compensatory damages awarded to a prisoner in connection with a civil action brought against any',
'federal, state, or local jail, prison, or correctional facility or against any official or agent of such jail, prison, or',
'correctional facility, shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. the remainder of any',
'such award after full payment of all pending restitution orders shall be forwarded to the prisoner. sec. 808. notice to',
'crime victims of pending damage award. prior to payment of any compensatory damages awarded to a prisoner in connection with',
'a civil action brought against any federal, state, or local jail, prison, or correctional facility or against any official or',
'agent of such jail, prison, or correctional facility, reasonable efforts shall be made to notify the victims of the crime',
'for which the prisoner was convicted and incarcerated concerning the pending payment of any such compensatory damages. sec. 809. earned',
'release credit or good time credit revocation. a in general. chapter 123 of title 28, united states code, is amended',
'by adding at the end the following new section: sec. 1932. revocation of earned release credit in any civil action',
'brought by an adult convicted of a crime and confined in a federal correctional facility, the court may order the',
'revocation of such earned good time credit under section 3624 b of title 18, united states code, that has not',
'yet vested, if, on its own motion or the motion of any party, the court finds that 1 the claim',
'was filed for a malicious purpose; 2 the claim was filed solely to harass the party against which it was',
'filed; or 3 the claimant testifies falsely or otherwise knowingly presents false evidence or information to the court.. b technical',
'amendment. the analysis for chapter 123 of title 28, united states code, is amended by inserting after the item relating',
'to section 1931 the following: 1932. revocation of earned release credit.. c amendment of section 3624 of title 18. section',
'3624 b of title 18, united states code, is amended 1 in paragraph 1 a by striking the first sentence;',
'b in the second sentence i by striking a prisoner and inserting subject to paragraph 2 , a prisoner; ii',
'by striking for a crime of violence,; and iii by striking such; c in the third sentence, by striking if',
'the bureau and inserting subject to paragraph 2 , if the bureau; d by striking the fourth sentence and inserting',
'the following: in awarding credit under this section, the bureau shall consider whether the prisoner, during the relevant period, has',
'earned, or is making satisfactory progress toward earning, a high school diploma or an equivalent degree. ; and e in',
'the sixth sentence, by striking credit for the last and inserting subject to paragraph 2 , credit for the last;',
'and 2 by amending paragraph 2 to read as follows: 2 notwithstanding any other law, credit awarded under this subsection',
'after the date of enactment of the prison litigation reform act shall vest on the date the prisoner is released',
'from custody.. sec. 810. severability. if any provision of this title, an amendment made by this title, or the application',
'of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this title,',
'the amendments made by this title, and the application of the provisions of such to any person or circumstance shall',
'not be affected thereby. this act may be cited as the departments of commerce, justice, and state, the judiciary, and',
'related agencies appropriations act, 1996.. b for programs, projects or activities in the district of columbia appropriations act, 1996, provided',
'as follows, to be effective as if it had been enacted into law as the regular appropriations act: an act',
'making appropriations for the government of the district of columbia and other activities chargeable in whole or in part against',
'the revenues of said district for the fiscal year ending september 30, 1996, and for other purposes. title i fiscal',
'year 1996 appropriations federal payment to the district of columbia for payment to the district of columbia for the fiscal',
'year ending september 30, 1996, $660,000,000, as authorized by section 502 a of the district of columbia self government and',
'governmental reorganization act, public law 93 198, as amended d.c. code, sec. 47 3406.1 . federal contribution to retirement funds',
'for the federal contribution to the police officers and fire fighters, teachers, and judges retirement funds, as authorized by the',
'district of columbia retirement reform act, approved november 17, 1979 93 stat. 866; public law 96 122 , $52,070,000. division',
'of expenses the following amounts are appropriated for the district of columbia for the current fiscal year out of the',
'general fund of the district of columbia, except as otherwise specifically provided. governmental direction and support governmental direction and support,',
'$149,130,000 and 1,498 full time equivalent positions end of year including $117,464,000 and 1,158 full time equivalent positions from local',
'funds, $2,464,000 and 5 full time equivalent positions from federal funds, $4,474,000 and 71 full time equivalent positions from other',
'funds, and $24,728,000 and 264 full time equivalent positions from intra district funds : provided, that not to exceed $2,500',
'for the mayor, $2,500 for the chairman of the council of the district of columbia, and $2,500 for the city',
'administrator shall be available from this appropriation for expenditures for official purposes: provided further, that any program fees collected from',
'the issuance of debt shall be available for the payment of expenses of the debt management program of the district',
'of columbia: provided further, that no revenues from federal sources shall be used to support the operations or activities of',
'the statehood commission and statehood compact commission: provided further, that the district of columbia shall identify the sources of funding',
'for admission to statehood from its own locally generated revenues: provided further, that $29,500,000 is for pay as you go',
'capital projects of which $1,500,000 shall be for a capital needs assessment study, and $28,000,000 shall be for a new',
'financial management system, if so determined following the evaluation and review process subsequently described in this paragraph, of which $2,000,000',
'shall be used to develop a needs analysis and assessment of the existing financial management environment, and the remaining $26,000,000',
'shall be used to procure the necessary hardware and installation of new software, conversion, testing and training: provided further, that',
'the $26,000,000 shall not be obligated or expended until: 1 the district of columbia financial responsibility and management assistance authority',
'submits a report to the committees on appropriations of the house and the senate, the committee on governmental reform and',
'oversight of the house, and the committee on governmental affairs of the senate reporting the results of a needs analysis',
'and assessment of the existing financial management environment, specifying the deficiencies in, and recommending necessary improvements to or replacement of',
'the districts financial management system including a detailed explanation of each recommendation and its estimated cost; and 2 30 days',
'lapse after receipt of the report by congress: provided further, that the district of columbia government shall enter into negotiations',
'with gallaudet university to transfer, at a fair market value rate, hamilton school from the district of columbia to gallaudet',
'university with the proceeds, if such a sale takes place, deposited into the general fund of the district and used',
'to improve public school facilities in the same ward as the hamilton school. economic development and regulation economic development and',
'regulation, $140,983,000 and 1,692 full time equivalent positions end of year including $68,203,000 and 698 full time equivalent positions from',
'local funds, $38,792,000 and 509 full time equivalent positions from federal funds, $17,658,000 and 258 full time equivalent positions from',
'other funds, and $16,330,000 and 227 full time equivalent positions from intra district funds : provided, that the district of',
'columbia housing finance agency, established by section 201 of the district of columbia housing finance agency act, effective march 3,',
'1979 d.c. law 2 135; d.c. code, sec. 45 2111 , based upon its capability of repayments as determined each',
'year by the council of the district of columbia from the housing finance agencys annual audited financial statements to the',
'council of the district of columbia, shall repay to the general fund an amount equal to the appropriated administrative costs',
'plus interest at a rate of four percent per annum for a term of 15 years, with a deferral of',
'payments for the first three years: provided further, that notwithstanding the foregoing provision, the obligation to repay all or part',
'of the amounts due shall be subject to the rights of the owners of any bonds or notes issued by',
'the housing finance agency and shall be repaid to the district of columbia government only from available operating revenues of',
'the housing finance agency that are in excess of the amounts required for debt service, reserve funds, and operating expenses:',
'provided further, that upon commencement of the debt service payments, such payments shall be deposited into the general fund of',
'the district of columbia. public safety and justice public safety and justice, including purchase of 135 passenger carrying vehicles for',
'replacement only, including 130 for police type use and five for fire type use, without regard to the general purchase',
'price limitation for the current fiscal year, $963,848,000 and 11,544 full time equivalent positions end of year including $940,631,000 and',
'11,365 full time equivalent positions from local funds, $8,942,000 and 70 full time equivalent positions from federal funds, $5,160,000 and',
'4 full time equivalent positions from other funds, and $9,115,000 and 105 full time equivalent positions from intra district funds',
': provided, that the metropolitan police department is authorized to replace not to exceed 25 passenger carrying vehicles and the',
'fire department of the district of columbia is authorized to replace not to exceed five passenger carrying vehicles annually whenever',
'the cost of repair to any damaged vehicle exceeds three fourths of the cost of the replacement: provided further, that',
'not to exceed $500,000 shall be available from this appropriation for the chief of police for the prevention and detection',
'of crime: provided further, that the metropolitan police department shall provide quarterly reports to the committees on appropriations of the',
'house and senate on efforts to increase efficiency and improve the professionalism in the department: provided further, that notwithstanding any',
'other provision of law, or mayors order 86 45, issued march 18, 1986, the metropolitan police departments delegated small purchase',
'authority shall be $500,000: provided further, that the district of columbia government may not require the metropolitan police department to',
'submit to any other procurement review process, or to obtain the approval of or be restricted in any manner by',
'any official or employee of the district of columbia government, for purchases that do not exceed $500,000: provided further, that',
'$250,000 is used for the georgetown summer detail; $200,000 is used for east of the river detail; $100,000 is used',
'for adams morgan detail; and $100,000 is used for the capitol hill summer detail: provided further, that the metropolitan police',
'department shall employ an authorized level of sworn officers not to be less than 3,800 sworn officers for the fiscal',
'year ending september 30, 1996: provided further, that funds appropriated for expenses under the district of columbia criminal justice act,',
'approved september 3, 1974 88 stat. 1090; public law 93 412; d.c. code, sec. 11 2601 et seq. , for',
'the fiscal year ending september 30, 1996, shall be available for obligations incurred under the act in each fiscal year',
'since inception in the fiscal year 1975: provided further, that funds appropriated for expenses under the district of columbia neglect',
'representation equity act of 1984, effective march 13, 1985 d.c. law 5 129; d.c. code, sec. 16 2304 , for',
'the fiscal year ending september 30, 1996, shall be available for obligations incurred under the act in each fiscal year',
'since inception in the fiscal year 1985: provided further, that funds appropriated for expenses under the district of columbia guardianship,',
'protective proceedings, and durable power of attorney act of 1986, effective february 27, 1987 d.c. law 6 204; d.c. code,',
'sec. 21 2060 , for the fiscal year ending september 30, 1996, shall be available for obligations incurred under the',
'act in each fiscal year since inception in fiscal year 1989: provided further, that not to exceed $1,500 for the',
'chief judge of the district of columbia court of appeals, $1,500 for the chief judge of the superior court of',
'the district of columbia, and $1,500 for the executive officer of the district of columbia courts shall be available from',
'this appropriation for official purposes: provided further, that the district of columbia shall operate and maintain a free, 24 hour',
'telephone information service whereby residents of the area surrounding lorton prison in fairfax county, virginia, can promptly obtain information from',
'district of columbia government officials on all disturbances at the prison, including escapes, riots, and similar incidents: provided further, that',
'the district of columbia government shall also take steps to publicize the availability of the 24 hour telephone information service',
'among the residents of the area surrounding the lorton prison: provided further, that not to exceed $100,000 of this appropriation',
'shall be used to reimburse fairfax county, virginia, and prince william county, virginia, for expenses incurred by the counties during',
'the fiscal year ending september 30, 1996, in relation to the lorton prison complex: provided further, that such reimbursements shall',
'be paid in all instances in which the district requests the counties to provide police, fire, rescue, and related services',
'to help deal with escapes, fires, riots, and similar disturbances involving the prison: provided further, that the mayor shall reimburse',
'the district of columbia national guard for expenses incurred in connection with services that are performed in emergencies by the',
'national guard in a militia status and are requested by the mayor, in amounts that shall be jointly determined and',
'certified as due and payable for these services by the mayor and the commanding general of the district of columbia',
'national guard: provided further, that such sums as may be necessary for reimbursement to the district of columbia national guard',
'under the preceding proviso shall be available from this appropriation, and the availability of the sums shall be deemed as',
'constituting payment in advance for emergency services involved. public education system public education system, including the development of national defense',
'education programs, $795,201,000 and 11,670 full time equivalent positions end of year including $676,251,000 and 9,996 full time equivalent positions',
'from local funds, $87,385,000 and 1,227 full time equivalent positions from federal funds, $21,719,000 and 234 full time equivalent positions',
'from other funds, and $9,846,000 and 213 full time equivalent positions from intra district funds , to be allocated as',
'follows: $580,996,000 and 10,167 full time equivalent positions including $498,310,000 and 9,014 full time equivalent positions from local funds, $75,786,000',
'and 1,058 full time equivalent positions from federal funds, $4,343,000 and 44 full time equivalent positions from other funds, and',
'$2,557,000 and 51 full time equivalent positions from intra district funds , for the public schools of the district of',
'columbia; $111,800,000 including $111,000,000 from local funds and $800,000 from intra district funds shall be allocated for the district of',
'columbia teachers retirement fund; $79,396,000 and 1,079 full time equivalent positions including $45,377,000 and 572 full time equivalent positions from',
'local funds, $10,611,000 and 156 full time equivalent positions from federal funds, $16,922,000 and 189 full time equivalent positions from',
'other funds, and $6,486,000 and 162 full time equivalent positions from intra district funds for the university of the district',
'of columbia; $20,742,000 and 415 full time equivalent positions including $19,839,000 and 408 full time equivalent positions from local funds,',
'$446,000 and 6 full time equivalent positions from federal funds, $454,000 and 1 full time equivalent position from other funds,',
'and $3,000 from intra district funds for the public library; $2,267,000 and 9 full time equivalent positions including $1,725,000 and',
'2 full time equivalent positions from local funds and $542,000 and 7 full time equivalent positions from federal funds for',
'the commission on the arts and humanities: provided, that the public schools of the district of columbia are authorized to',
'accept not to exceed 31 motor vehicles for exclusive use in the driver education program: provided further, that not to',
'exceed $2,500 for the superintendent of schools, $2,500 for the president of the university of the district of columbia, and',
'$2,000 for the public librarian shall be available from this appropriation for expenditures for official purposes: provided further, that this',
'appropriation shall not be available to subsidize the education of nonresidents of the district of columbia at the university of',
'the district of columbia, unless the board of trustees of the university of the district of columbia adopts, for the',
'fiscal year ending september 30, 1996, a tuition rate schedule that will establish the tuition rate for nonresident students at',
'a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education in the metropolitan',
'area. human support services human support services, $1,855,014,000 and 6,469 full time equivalent positions end of year including $1,076,856,000 and',
'3,650 full time equivalent positions from local funds, $726,685,000 and 2,639 full time equivalent positions from federal funds, $46,799,000 and',
'66 full time equivalent positions from other funds, and $4,674,000 and 114 full time equivalent positions from intra district funds',
': provided, that $26,000,000 of this appropriation, to remain available until expended, shall be available solely for district of columbia',
'employees disability compensation: provided further, that the district shall not provide free government services such as water, sewer, solid waste',
'disposal or collection, utilities, maintenance, repairs, or similar services to any legally constituted private nonprofit organization as defined in section',
'411 5 of public law 100 77, approved july 22, 1987 providing emergency shelter services in the district, if the',
'district would not be qualified to receive reimbursement pursuant to the stewart b. mckinney homeless assistance act, approved july 22,',
'1987 101 stat. 485; public law 100 77; 42 u.s.c. 11301 et seq. . public works public works, including rental',
'of one passenger carrying vehicle for use by the mayor and three passenger carrying vehicles for use by the council',
'of the district of columbia and purchase of passenger carrying vehicles for replacement only, $297,568,000 and 1,914 full time equivalent',
'positions end of year including $225,915,000 and 1,158 full time equivalent positions from local funds, $2,682,000 and 32 full time',
'equivalent positions from federal funds, $18,342,000 and 68 full time equivalent positions from other funds, and $50,629,000 and 656 full',
'time equivalent positions from intra district funds : provided, that this appropriation shall not be available for collecting ashes or',
'miscellaneous refuse from hotels and places of business. washington convention center fund transfer payment for payment to the washington convention',
'center enterprise fund, $5,400,000 from local funds. repayment of loans and interest for reimbursement to the united states of funds',
'loaned in compliance with an act to provide for the establishment of a modern, adequate, and efficient hospital center in',
'the district of columbia, approved august 7, 1946 60 stat. 896; public law 79 648 ; section 1 of an',
'act to authorize the commissioners of the district of columbia to borrow funds for capital improvement programs and to amend',
'provisions of law relating to federal government participation in meeting costs of maintaining the nations capital city, approved june 6,',
'1958 72 stat. 183; public law 85 451; d.c. code, sec. 9 219 ; section 4 of an act to',
'authorize the commissioners of the district of columbia to plan, construct, operate, and maintain a sanitary sewer to connect the',
'dulles international airport with the district of columbia system, approved june 12, 1960 74 stat. 211; public law 86 515',
'; sections 723 and 743 f of the district of columbia self government and governmental reorganization act of 1973, approved',
'december 24, 1973, as amended 87 stat. 821; public law 93 198; d.c. code, sec. 47 321, note; 91 stat.',
'1156; public law 95 131; d.c. code, sec. 9 219, note , including interest as required thereby, $327,787,000 from local',
'funds. repayment of general fund recovery debt for the purpose of eliminating the $331,589,000 general fund accumulated deficit as of',
'september 30, 1990, $38,678,000 from local funds, as authorized by section 461 a of the district of columbia self government',
'and governmental reorganization act, approved december 24, 1973, as amended 105 stat. 540; public law 102 106; d.c. code, sec.',
'47 321 a . payment of interest on short term borrowing for payment of interest on short term borrowing, $9,698,000',
'from local funds. pay renegotiation or reduction in compensation the mayor shall reduce appropriations and expenditures for personal services in',
'the amount of $46,409,000, by decreasing rates of compensation for district government employees; such decreased rates are to be realized',
'from employees who are subject to collective bargaining agreements to the extent possible through the renegotiation of existing collective bargaining',
'agreements: provided, that, if a sufficient reduction from employees who are subject to collective bargaining agreements is not realized through',
'renegotiating existing agreements, the mayor shall decrease rates of compensation for such employees, notwithstanding the provisions of any collective bargaining',
'agreements: provided further, that the congress hereby ratifies and approves legislation enacted by the council of the district of columbia',
'during fiscal year 1995 to reduce the compensation and benefits of all employees of the district of columbia government during',
'that fiscal year: provided further, that notwithstanding any other provision of law, the legislation enacted by the council of the',
'district of columbia during fiscal year 1995 to reduce the compensation and benefits of all employees of the district of',
'columbia government during that fiscal year shall be deemed to have been ratified and approved by the congress during fiscal',
'year 1995. rainy day fund for mandatory unavoidable expenditures within one or several of the various appropriation headings of this',
'act, to be allocated to the budgets for personal services and nonpersonal services as requested by the mayor and approved',
'by the council pursuant to the procedures in section 4 of the reprogramming policy act of 1980, effective september 16,',
'1980 d.c. law 3 100; d.c. code, sec. 47 363 , $4,563,000 from local funds: provided, that the district of',
'columbia shall provide to the committees on appropriations of the house of representatives and the senate quarterly reports by the',
'15th day of the month following the end of the quarter showing how monies provided under this fund are expended',
'with a final report providing a full accounting of the fund due october 15, 1996 or not later than 15',
'days after the last amount remaining in the fund is disbursed. incentive buyout program for the purpose of funding costs',
'associated with the incentive buyout program, to be apportioned by the mayor of the district of columbia within the various',
'appropriation headings in this act from which costs are properly payable, $19,000,000. outplacement services for the purpose of funding outplacement',
'services for employees who leave the district of columbia government involuntarily, $1,500,000. boards and commissions the mayor shall reduce appropriations',
'and expenditures for boards and commissions under the various headings in this title in the amount of $500,000: provided, that',
'this provision shall not apply to any board or commission established under title ii of this act. government re engineering',
'program the mayor shall reduce appropriations and expenditures for personal and nonpersonal services in the amount of $16,000,000 within one',
'or several of the various appropriation headings in this title. capital outlay including rescissions for construction projects, $168,222,000 including $82,850,000',
'from local funds and $85,372,000 from federal funds , as authorized by an act authorizing the laying of water mains',
'and service sewers in the district of columbia, the levying of assessments therefor, and for other purposes, approved april 22,',
'1904 33 stat. 244; public law 58 140; d.c. code, secs. 43 1512 through 43 1519 ; the district of',
'columbia public works act of 1954, approved may 18, 1954 68 stat. 101; public law 83 364 ; an act',
'to authorize the commissioners of the district of columbia to borrow funds for capital improvement programs and to amend provisions',
'of law relating to federal government participation in meeting costs of maintaining the nations capital city, approved june 6, 1958',
'72 stat. 183; public law 85 451; including acquisition of sites, preparation of plans and specifications, conducting preliminary surveys, erection',
'of structures, including building improvement and alteration and treatment of grounds, to remain available until expended: provided, that $105,660,000 from',
'local funds appropriated under this heading in prior fiscal years is rescinded: provided further, that funds for use of each',
'capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the financial',
'management system: provided further, that all funds provided by this appropriation title shall be available only for the specific projects',
'and purposes intended: provided further, that notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by',
'the first sentence of section 23 a of the federal aid highway act of 1968, approved august 23, 1968 82',
'stat. 827; public law 90 495; d.c. code, sec. 7 134, note , for which funds are provided by this',
'appropriation title, shall expire on september 30, 1997, except authorizations for projects as to which funds have been obligated in',
'whole or in part prior to september 30, 1997: provided further, that upon expiration of any such project authorization the',
'funds provided herein for the project shall lapse. water and sewer enterprise fund for the water and sewer enterprise fund,',
'$242,253,000 and 1,024 full time equivalent positions end of year including $237,076,000 and 924 full time equivalent positions from local',
'funds, $433,000 from other funds, and $4,744,000 and 100 full time equivalent positions from intra district funds , of which',
'$41,036,000 shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital',
'improvement projects. for construction projects, $39,477,000 from federal funds, as authorized by an act authorizing the laying of water mains',
'and service sewers in the district of columbia, the levying of assessments therefor, and for other purposes, approved april 22,',
'1904 33 stat. 244; public law 58 140; d.c. code, sec. 43 1512 et seq. : provided, that the requirements',
'and restrictions that are applicable to general fund capital improvement projects and set forth in this act under the capital',
'outlay appropriation title shall apply to projects approved under this appropriation title. lottery and charitable games enterprise fund for the',
'lottery and charitable games enterprise fund, established by the district of columbia appropriation act for the fiscal year ending september',
'30, 1982, approved december 4, 1981 95 stat. 1174, 1175; public law 97 91 , as amended, for the purpose',
'of implementing the law to legalize lotteries, daily numbers games, and bingo and raffles for charitable purposes in the district',
'of columbia, effective march 10, 1981 d.c. law 3 172; d.c. code, secs. 2 2501 et seq. and 22 1516',
'et seq. , $229,950,000 and 88 full time equivalent positions end of year including $7,950,000 and 88 full time equivalent',
'positions for administrative expenses and $222,000,000 for non administrative expenses from revenue generated by the lottery board , to be',
'derived from non federal district of columbia revenues: provided, that the district of columbia shall identify the source of funding',
'for this appropriation title from the districts own locally generated revenues: provided further, that no revenues from federal sources shall',
'be used to support the operations or activities of the lottery and charitable games control board. cable television enterprise fund',
'for the cable television enterprise fund, established by the cable television communications act of 1981, effective october 22, 1983 d.c.',
'law 5 36; d.c. code, sec. 43 1801 et seq. , $2,351,000 and 8 full time equivalent positions end of',
'year including $2,019,000 and 8 full time equivalent positions from local funds and $332,000 from other funds , of which',
'$572,000 shall be transferred to the general fund of the district of columbia. starplex fund for the starplex fund, $6,580,000',
'from other funds for the expenses incurred by the armory board in the exercise of its powers granted by an',
'act to establish a district of columbia armory board, and for other purposes, approved june 4, 1948 62 stat. 339;',
'd.c. code, sec. 2 301 et seq. and the district of columbia stadium act of 1957, approved september 7, 1957',
'71 stat. 619; public law 85 300; d.c. code, sec. 2 321 et seq. : provided, that the mayor shall',
'submit a budget for the armory board for the forthcoming fiscal year as required by section 442 b of the',
'district of columbia self government and governmental reorganization act, approved december 24, 1973 87 stat. 824; public law 93 198;',
'd.c. code, sec. 47 301 b . d.c. general hospital for the district of columbia general hospital, established by reorganization',
'order no. 57 of the board of commissioners, effective august 15, 1953, $115,034,000, of which $56,735,000 shall be derived by',
'transfer as intra district funds from the general fund, $52,684,000 is to be derived from the other funds, and $5,615,000',
'is to be derived from intra district funds. d.c. retirement board for the d.c. retirement board, established by section 121',
'of the district of columbia retirement reform act of 1989, approved november 17, 1989 93 stat. 866; d.c. code, sec.',
'1 711 , $13,440,000 and 11 full time equivalent positions end of year from the earnings of the applicable retirement',
'funds to pay legal, management, investment, and other fees and administrative expenses of the district of columbia retirement board: provided,',
'that the district of columbia retirement board shall provide to the congress and to the council of the district of',
'columbia a quarterly report of the allocations of charges by fund and of expenditures of all funds: provided further, that',
'the district of columbia retirement board shall provide the mayor, for transmittal to the council of the district of columbia,',
'an item accounting of the planned use of appropriated funds in time for each annual budget submission and the actual',
'use of such funds in time for each annual audited financial report. correctional industries fund for the correctional industries fund,',
'established by the district of columbia correctional industries establishment act, approved october 3, 1964 78 stat. 1000; public law 88',
'622 , $10,516,000 and 66 full time equivalent positions end of year including $3,415,000 and 22 full time equivalent positions',
'from other funds and $7,101,000 and 44 full time equivalent positions from intra district funds . washington convention center enterprise',
'fund for the washington convention center enterprise fund, $37,957,000, of which $5,400,000 shall be derived by transfer from the general',
'fund. district of columbia financial responsibility and management assistance authority for the district of columbia financial responsibility and management assistance',
'authority, established by section 101 a of the district of columbia financial responsibility and management assistance act of 1995, approved',
'april 17, 1995 109 stat. 97; public law 104 8 , $3,500,000. personal and nonpersonal services adjustments notwithstanding any other',
'provision of law, the chief financial officer established under section 302 of public law 104 8, approved april 17, 1995',
'109 stat. 142 shall, on behalf of the mayor, adjust appropriations and expenditures for personal and nonpersonal services, together with',
'the related full time equivalent positions, in accordance with the direction of the district of columbia financial responsibility and management',
'assistance authority such that there is a net reduction of $150,907,000, within or among one or several of the various',
'appropriation headings in this title, pursuant to section 208 of public law 104 8, approved april 17, 1995 109 stat.',
'134 . general provisions sec. 101. the expenditure of any appropriation under this act for any consulting service through procurement',
'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 existing executive order issued pursuant',
'to existing law. sec. 102. except as otherwise provided in this act, all vouchers covering expenditures of appropriations contained in',
'this act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid',
'by checks issued by the designated disbursing official. sec. 103. whenever in this act, an amount is specified within an',
'appropriation for particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount',
'that may be expended for said purpose or object rather than an amount set apart exclusively therefor. sec. 104. appropriations',
'in this act shall be available, when authorized by the mayor, for allowances for privately owned automobiles and motorcycles used',
'for the performance of official duties at rates established by the mayor: provided, that such rates shall not exceed the',
'maximum prevailing rates for such vehicles as prescribed in the federal property management regulations 101 7 federal travel regulations .',
'sec. 105. appropriations in this act shall be available for expenses of travel and for the payment of dues of',
'organizations concerned with the work of the district of columbia government, when authorized by the mayor: provided, that the council',
'of the district of columbia and the district of columbia courts may expend such funds without authorization by the mayor.',
'sec. 106. there are appropriated from the applicable funds of the district of columbia such sums as may be necessary',
'for making refunds and for the payment of judgments that have been entered against the district of columbia government: provided,',
'that nothing contained in this section shall be construed as modifying or affecting the provisions of section 11 c 3',
'of title xii of the district of columbia income and franchise tax act of 1947, approved march 31, 1956 70',
'stat. 78; public law 84 460; d.c. code, sec. 47 1812.11 c 3 . sec. 107. appropriations in this act',
'shall be available for the payment of public assistance without reference to the requirement of section 544 of the district',
'of columbia public assistance act of 1982, effective april 6, 1982 d.c. law 4 101; d.c. code, sec. 3 205.44',
', and for the non federal share of funds necessary to qualify for federal assistance under the juvenile delinquency prevention',
'and control act of 1968, approved july 31, 1968 82 stat. 462; public law 90 445, 42 u.s.c. 3801 et',
'seq. . sec. 108. 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. 109. no funds appropriated in this act for the district of',
'columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used',
'to permit, encourage, facilitate, or further partisan political activities. nothing herein is intended to prohibit the availability of school buildings',
'for the use of any community or partisan political group during non school hours. sec. 110. the annual budget for',
'the district of columbia government for the fiscal year ending september 30, 1997, shall be transmitted to the congress no',
'later than april 15, 1996 or as provided for under the provisions of public law 104 8, approved april 17,',
'1995. sec. 111. none of the funds appropriated in this act shall be made available to pay the salary of',
'any employee of the district of columbia government whose name, title, grade, salary, past work experience, and salary history are',
'not available for inspection by the house and senate committees on appropriations, the house committee on government reform and oversight,',
'district of columbia subcommittee, the subcommittee on oversight of government management, of the senate committee on governmental affairs, and the',
'council of the district of columbia, or their duly authorized representative: provided, that none of the funds contained in this',
'act shall be made available to pay the salary of any employee of the district of columbia government whose name',
'and salary are not available for public inspection. sec. 112. there are appropriated from the applicable funds of the district',
'of columbia such sums as may be necessary for making payments authorized by the district of columbia revenue recovery act',
'of 1977, effective september 23, 1977 d.c. law 2 20; d.c. code, sec. 47 421 et seq. . sec. 113.',
'no part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott',
'designed to support or defeat legislation pending before congress or any state legislature. sec. 114. at the start of the',
'fiscal year, the mayor shall develop an annual plan, by quarter and by project, for capital outlay borrowings: provided, that',
'within a reasonable time after the close of each quarter, the mayor shall report to the council of the district',
'of columbia and the congress the actual borrowings and spending progress compared with projections. sec. 115. the mayor shall not',
'borrow any funds for capital projects unless the mayor has obtained prior approval from the council of the district of',
'columbia, by resolution, identifying the projects and amounts to be financed with such borrowings. sec. 116. the mayor shall not',
'expend any moneys borrowed for capital projects for the operating expenses of the district of columbia government. sec. 117. none',
'of the funds appropriated by this act may be obligated or expended by reprogramming except pursuant to advance approval of',
'the reprogramming granted according to the procedure set forth in the joint explanatory statement of the committee of conference house',
'report no. 96 443 , which accompanied the district of columbia appropriation act, 1980, approved october 30, 1979 93 stat.',
'713; public law 96 93 , as modified in house report no. 98 265, and in accordance with the reprogramming',
'policy act of 1980, effective september 16, 1980 d.c. law 3 100; d.c. code, sec. 47 361 et seq. :',
'provided, that for the fiscal year ending september 30, 1996 the above shall apply except as modified by public law',
'104 8. sec. 118. none of the federal funds provided in this act shall be obligated or expended to provide',
'a personal cook, chauffeur, or other personal servants to any officer or employee of the district of columbia. sec. 119.',
'none of the federal funds provided in this act shall be obligated or expended to procure passenger automobiles as defined',
'in the automobile fuel efficiency act of 1980, approved october 10, 1980 94 stat. 1824; public law 96 425; 15',
'u.s.c. 2001 2 , with an environmental protection agency estimated miles per gallon average of less than 22 miles per',
'gallon: provided, that this section shall not apply to security, emergency rescue, or armored vehicles. sec. 120. a notwithstanding section',
'422 7 of the district of columbia self government and governmental reorganization act of 1973, approved december 24, 1973 87',
'stat. 790; public law 93 198; d.c. code, sec. 1 242 7 , the city administrator shall be paid, during',
'any fiscal year, a salary at a rate established by the mayor, not to exceed the rate established for level',
'iv of the executive schedule under 5 u.s.c. 5315. b for purposes of applying any provision of law limiting the',
'availability of funds for payment of salary or pay in any fiscal year, the highest rate of pay established by',
'the mayor under subsection a of this section for any position for any period during the last quarter of calendar',
'year 1995 shall be deemed to be the rate of pay payable for that position for september 30, 1995. c',
'notwithstanding section 4 a of the district of columbia redevelopment act of 1945, approved august 2, 1946 60 stat. 793;',
'public law 79 592; d.c. code, sec. 5 803 a , the board of directors of the district of columbia',
'redevelopment land agency shall be paid, during any fiscal year, per diem compensation at a rate established by the mayor.',
'sec. 121. notwithstanding any other provisions of law, the provisions of the district of columbia government comprehensive merit personnel act',
'of 1978, effective march 3, 1979 d.c. law 2 139; d.c. code, sec. 1 601.1 et seq. , enacted pursuant',
'to section 422 3 of the district of columbia self government and governmental reorganization act of 1973, approved december 24,',
'1973 87 stat. 790; public law 93 198; d.c. code, sec. 1 242 3 , shall apply with respect to',
'the compensation of district of columbia employees: provided, that for pay purposes, employees of the district of columbia government shall',
'not be subject to the provisions of title 5 of the united states code. sec. 122. the director of the',
'department of administrative services may pay rentals and repair, alter, and improve rented premises, without regard to the provisions of',
'section 322 of the economy act of 1932 public law 72 212; 40 u.s.c. 278a , upon a determination by',
'the director, that by reason of circumstances set forth in such determination, the payment of these rents and the execution',
'of this work, without reference to the limitations of section 322, is advantageous to the district in terms of economy,',
'efficiency, and the districts best interest. sec. 123. no later than 30 days after the end of the first quarter',
'of the fiscal year ending september 30, 1996, the mayor of the district of columbia shall submit to the council',
'of the district of columbia the new fiscal year 1996 revenue estimates as of the end of the first quarter',
'of fiscal year 1996. these estimates shall be used in the budget request for the fiscal year ending september 30,',
'1997. the officially revised estimates at midyear shall be used for the midyear report. sec. 124. no sole source contract',
'with the district of columbia government or any agency thereof may be renewed or extended without opening that contract to',
'the competitive bidding process as set forth in section 303 of the district of columbia procurement practices act of 1985,',
'effective february 21, 1986 d.c. law 6 85; d.c. code, sec. 1 1183.3 , except that the district of columbia',
'public schools may renew or extend sole source contracts for which competition is not feasible or practical, provided that the',
'determination as to whether to invoke the competitive bidding process has been made in accordance with duly promulgated board of',
'education rules and procedures. sec. 125. for purposes of the balanced budget and emergency deficit control act of 1985, approved',
'december 12, 1985 99 stat. 1037; public law 99 177 , as amended, the term program, project, and activity shall',
'be synonymous with and refer specifically to each account appropriating federal funds in this act, and any sequestration order shall',
'be applied to each of the accounts rather than to the aggregate total of those accounts: provided, that sequestration orders',
'shall not be applied to any account that is specifically exempted from sequestration by the balanced budget and emergency deficit',
'control act of 1985, approved december 12, 1985 99 stat. 1037; public law 99 177 , as amended. sec. 126.',
'in the event a sequestration order is issued pursuant to the balanced budget and emergency deficit control act of 1985,',
'approved december 12, 1985 99 stat. 1037: public law 99 177 , as amended, after the amounts appropriated to the',
'district of columbia for the fiscal year involved have been paid to the district of columbia, the mayor of the',
'district of columbia shall pay to the secretary of the treasury, within 15 days after receipt of a request therefor',
'from the secretary of the treasury, such amounts as are sequestered by the order: provided, that the sequestration percentage specified',
'in the order shall be applied proportionately to each of the federal appropriation accounts in this act that are not',
'specifically exempted from sequestration by the balanced budget and emergency deficit control act of 1985, approved december 12, 1985 99',
'stat. 1037; public law 99 177 , as amended. sec. 127. for the fiscal year ending september 30, 1996, the',
'district of columbia shall pay interest on its quarterly payments to the united states that are made more than 60',
'days from the date of receipt of an itemized statement from the federal bureau of prisons of amounts due for',
'housing district of columbia convicts in federal penitentiaries for the preceding quarter. sec. 128. nothing in this act shall be',
'construed to authorize any office, agency or entity to expend funds for programs or functions for which a reorganization plan',
'is required but has not been approved by the council pursuant to section 422 12 of the district of columbia',
'self government and governmental reorganization act of 1973, approved december 24, 1973 87 stat. 790; public law 93 198; d.c.',
'code, sec. 1 242 12 and the governmental reorganization procedures act of 1981, effective october 17, 1981 d.c. law 4',
'42; d.c. code, sec. 1 299.1 to 1 299.7 . appropriations made by this act for such programs or functions',
'are conditioned on the approval by the council, prior to october 1, 1995, of the required reorganization plans. sec. 129.',
'a an entity of the district of columbia government may accept and use a gift or donation during fiscal year',
'1996 if 1 the mayor approves the acceptance and use of the gift or donation: provided, that the council of',
'the district of columbia may accept and use gifts without prior approval by the mayor; and 2 the entity uses',
'the gift or donation to carry out its authorized functions or duties. b each entity of the district of columbia',
'government shall keep accurate and detailed records of the acceptance and use of any gift or donation under subsection a',
'of this section, and shall make such records available for audit and public inspection. c for the purposes of this',
'section, the term entity of the district of columbia government includes an independent agency of the district of columbia. d',
'this section shall not apply to the district of columbia board of education, which may, pursuant to the laws and',
'regulations of the district of columbia, accept and use gifts to the public schools without prior approval by the mayor.',
'sec. 130. none of the federal funds provided in this act may be used by the district of columbia to',
'provide for salaries, expenses, or other costs associated with the offices of united states senator or united states representative under',
'section 4 d of the district of columbia statehood constitutional convention initiatives of 1979, effective march 10, 1981 d.c. law',
'3 171; d.c. code, sec. 1 113 d . prohibition against use of funds for abortions sec. 131. none of',
'the funds appropriated under this act shall be expended for any abortion except where the life of the mother would',
'be endangered if the fetus were carried to term or where the pregnancy is the result of an act of',
'rape or incest. prohibition on domestic partners act sec. 132. no funds made available pursuant to any provision of this',
'act shall be used to implement or enforce any system of registration of unmarried, cohabiting couples whether they are homosexual,',
'lesbian, or heterosexual, including but not limited to registration for the purpose of extending employment, health, or governmental benefits to',
'such couples on the same basis that such benefits are extended to legally married couples; nor shall any funds made',
'available pursuant to any provision of this act otherwise be used to implement or enforce d.c. act 9 188, signed',
'by the mayor of the district of columbia on april 15, 1992. compensation for the commission on judicial disabilities and',
'tenure and for the judicial nomination commission sec. 133. sections 431 f and 433 b 5 of the district of',
'columbia self government and governmental reorganization act, approved december 24, 1973 87 stat. 813; public law 93 198; d.c. code,',
'secs. 11 1524 and title 11, app. 433 , are amended to read as follows: a section 431 f d.c.',
'code, sec. 11 1524 is amended to read as follows: f members of the tenure commission shall serve without compensation',
'for services rendered in connection with their official duties on the commission.. b section 433 b 5 title 11, app.',
'433 is amended to read as follows: 5 members of the commission shall serve without compensation for services rendered in',
'connection with their official duties on the commission.. multiyear contracts sec. 134. section 451 of the district of columbia self',
'government and governmental reorganization act of 1973, approved december 24, 1973 87 stat. 803; public law 93 198; d.c. code,',
'sec. 1 1130 , is amended by adding a new subsection c to read as follows: c 1 the district',
'may enter into multiyear contracts to obtain goods and services for which funds would otherwise be available for obligation only',
'within the fiscal year for which appropriated. 2 if the funds are not made available for the continuation of such',
'a contract into a subsequent fiscal year, the contract shall be cancelled or terminated, and the cost of cancellation or',
'termination may be paid from a appropriations originally available for the performance of the contract concerned; b appropriations currently available',
'for procurement of the type of acquisition covered by the contract, and not otherwise obligated; or c funds appropriated for',
'those payments. 3 no contract entered into under this section shall be valid unless the mayor submits the contract to',
'the council for its approval and the council approves the contract in accordance with criteria established by act of the',
'council . the council shall be required to take affirmative action to approve the contract within 45 days. if no',
'action is taken to approve the contract within 45 calendar days, the contract shall be deemed disapproved.. calculated real property',
'tax rate rescission and real property tax freeze sec. 135. the district of columbia real property tax revision act of',
'1974, approved september 3, 1974 88 stat. 1051; d.c. code, sec. 47 801 et seq. , is amended as follows:',
'1 section 412 d.c. code, sec. 47 812 is amended as follows: a subsection a is amended by striking the',
'third and fourth sentences and inserting the following sentences in their place: if the council does extend the time for',
'establishing the rates of taxation on real property, it must establish those rates for the tax year by permanent legislation.',
'if the council does not establish the rates of taxation of real property by october 15, and does not extend',
'the time for establishing rates, the rates of taxation applied for the prior year shall be the rates of taxation',
'applied during the tax year.. b a new subsection a 2 is added to read as follows: a 2 notwithstanding',
'the provisions of subsection a of this section, the real property tax rates for taxable real property in the district',
'of columbia for the tax year beginning october 1, 1995, and ending september 30, 1996, shall be the same rates',
'in effect for the tax year beginning october 1, 1993, and ending september 30, 1994.. 2 section 413 c d.c.',
'code, sec. 47 815 c is repealed. prisons industries sec. 136. title 18 u.s.c. 1761 b is amended by striking',
'the period at the end and inserting the phrase or not for profit organizations. in its place. reports on reductions',
'sec. 137. within 120 days of the effective date of this act, the mayor shall submit to the congress and',
'the council a report delineating the actions taken by the executive to effect the directives of the council in this',
'act, including 1 negotiations with representatives of collective bargaining units to reduce employee compensation; 2 actions to restructure existing long',
'term city debt; 3 actions to apportion the spending reductions anticipated by the directives of this act to the executive',
'for unallocated reductions; and 4 a list of any position that is backfilled including description, title, and salary of the',
'position. monthly reporting requirements board of education sec. 138. the board of education shall submit to the congress, mayor, and',
'council of the district of columbia no later than fifteen 15 calendar days after the end of each month a',
'report that sets forth 1 current month expenditures and obligations, year to date expenditures and obligations, and total fiscal year',
'expenditure projections vs. budget broken out on the basis of control center, responsibility center, agency reporting code, and object class,',
'and for all funds, including captial financing. 2 a breakdown of fte positions and staff for the most current pay',
'period broken out on the basis of control center, responsibility center, and agency reporting code within each responsibility center, for',
'all funds, including capital funds; 3 a list of each account for which spending is frozen and the amount of',
'funds frozen, broken out by control center, responsibility center, detailed object, and agency reporting code, and for all funding sources;',
'4 a list of all active contracts in excess of $10,000 annually, which contains; the name of each contractor; the',
'budget to which the contract is charged broken out on the basis of control center, responsibility center, and agency reporting',
'code; and contract identifying codes used by the d.c. public schools; payments made in the last month and year to',
'date, the total amount of the contract and total payments made for the contract and any modifications, extensions, renewals; and',
'specific modifications made to each contract in the last month; 5 all reprogrammming requests and reports that are required to',
'be, and have been submitted to the board of education; and 6 changes made in the last month to the',
'organizational structure of the d.c. public schools, displaying previous and current control centers and responsibility centers, the names of the',
'organizational entities that have been changed, the name of the staff member supervising each entity affected, and the reasons for',
'the structural change. monthly reporting requirements university of the district of columbia sec. 139. the university of the district of',
'columbia shall submit to the congress, mayor, and council of the district of columbia no later than fifteen 15 calendar',
'days after the end of each month a report that sets forth 1 current month expenditures and obligations, year to',
'date expenditures and obligations, and total fiscal year expenditure projections vs. budget broken out on the basis of control center,',
'responsibility center, and object class, and for all funds, including capital financing; 2 a breakdown of fte positions and all',
'employees for the most current pay period broken out on the basis of control center, responsibility center, for all funds,',
'including capital funds; 3 a list of each account for which spending is frozen and the amount of funds frozen,',
'broken out by control center, responsibility center, detailed object, and for all funding sources; 4 a list of all active',
'contracts in excess of $10,000 annually, which contains; the name of each contractor; the budget to which the contract is',
'charged broken out on the basis of control center and responsibility center, and contract identifying codes used by the university',
'of the district of columbia; payments made in the last month and year to date, the total amount of the',
'contract and total payments made for the contract and any modifications, extensions, renewals; and specific modifications made to each contract',
'in the last month; 5 all reprogramming requests and reports that have been made by the university of the district',
'of columbia within the last month in compliance with applicable law; and 6 changes in the last month to the',
'organizational structure of the university of the district of columbia, displaying previous and current control centers and responsibility centers, the',
'names of the organizational entities that have been changed, the name of the staff member supervising each entity affected, and',
'the reasons for the structural change. annual reporting requirements sec. 140. a the board of education of the district of',
'columbia and the university of the district of columbia shall annually compile an accurate and verifiable report on the positions',
'and employees in the public school system and the university, respectively. the annual report shall set forth 1 the number',
'of validated schedule a positions in the district of columbia public schools and the university of the district of columbia',
'for fiscal year 1995, fiscal year 1996, and thereafter on full time equivalent basis, including a compilation of all positions',
'by control center, responsibility center, funding source, position type, position title, pay plan, grade, and annual salary; and 2 a',
'compilation of all employees in the district of columbia public schools and the university of the district of columbia as',
'of the preceding december 31, verified as to its accuracy in accordance with the functions that each employee actually performs,',
'by control center, responsibility center, agency reporting code, program including funding source , activity, location for accounting purposes, job title,',
'grade and classification, annual salary, and position control number. b submission. the annual report required by subsection a shall be',
'submitted to the congress, the mayor, the district of columbia council, the consensus commission, and the authority, not later than',
'may 1, 1996, and each february 15 thereafter. annual budgets and budget revisions sec. 141. a not later than october',
'1, 1995, or within 15 calendar days after the date of the enactment of the district of columbia appropriations act,',
'1996, whichever occurs later, and each succeeding year, the board of education and the university of the district of columbia',
'shall submit to the appropriate congressional committees, the mayor, the district of columbia council, the consensus commission, and the authority,',
'a revised appropriated funds operating budget for the public school system and the university of the district of columbia for',
'such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal',
'services and other than personal services, respectively, with anticipated actual expenditures. b the revised budget required by subsection a of',
'this section shall be submitted in the format of the budget that the board of education and the university of',
'the district of columbia submit to the mayor of the district of columbia for inclusion in the mayors budget submission',
'to the council of the district of columbia pursuant to section 442 of the district of columbia self government and',
'governmental reorganization act, public law 93 198, as amended d.c. code, sec. 47 301 . budget approval sec. 142. the',
'board of education, the board of trustees of the university of the district of columbia, the board of library trustees,',
'and the board of governors of the d.c. school of law shall vote on and approve their respective annual or',
'revised budgets before submission to the mayor of the district of columbia for inclusion in the mayors budget submission to',
'the council of the district of columbia in accordance with section 442 of the district of columbia self government and',
'governmental reorganization act, public law 93 198, as amended d.c. code, sec. 47 301 , or before submitting their respective',
'budgets directly to the council. public school employee evaluations sec. 143. notwithstanding any other provision of law, rule, or regulation,',
'the evaluation process and instruments for evaluating district of columbia public schools employees shall be a non negotiable item for',
'collective bargaining purposes. position vacancies sec. 144. a no agency, including an independent agency, shall fill a position wholly funded',
'by appropriations authorized by this act, which is vacant on october 1, 1995, or becomes vacant between october 1, 1995,',
'and september 30, 1996, unless the mayor or independent agency submits a proposed resolution of intent to fill the vacant',
'position to the council. the council shall be required to take affirmative action on the mayors resolution within 30 legislative',
'days. if the council does not affirmatively approve the resolution within 30 legislative days, the resolution shall be deemed disapproved.',
'b no reduction in the number of full time equivalent positions or reduction in force due to privatization or contracting',
'out shall occur if the district of columbia financial responsibility and management assistance authority, established by section 101 a of',
'the district of columbia financial responsibility and management assistance act of 1995, approved april 17, 1995 109 stat. 97; public',
'law 104 8 , disallows the full time equivalent position reduction provided in this act in meeting the maximum ceiling',
'of 35,984 for the fiscal year ending september 30, 1996. c this section shall not prohibit the appropriate personnel authority',
'from filling a vacant position with a district government employee currently occupying a position that is funded with appropriated funds.',
'd this section shall not apply to local school based teachers, school based officers, or school based teachers aides; or',
'court personnel covered by title 11 of the d.c. code, except chapter 23. modifications of board of education reduction in',
'force procedures sec. 145. the district of columbia government comprehensive merit personnel act of 1978, d.c. code, sec. 1 601.1',
'et seq. is amended 1 in section 301 d.c. code, sec. 1.603.1 a by inserting after paragraph 13 , the',
'following new paragraph: 13a the term nonschool based personnel means any employee of the district of columbia public schools who',
'is not based at a local school or who does not provide direct services to individual students. ; and b',
'by inserting after paragraph 15 , the following new paragraph: 15a the term school administrators means principals, assistant principals, school',
'program directors, coordinators, instructional supervisors, and support personnel of the district of columbia public schools. ; 2 in section 801a',
'b 2 d.c. code, sec. 1 609.1 b 2 l a by striking l reduction in force and inserting l',
'i reduction in force; and b by inserting after subparagraph l i , the following new clause: ii notwithstanding any',
'other provision of law, the board of education shall not issue rules that require or permit nonschool based personnel or',
'school administrators to be assigned or reassigned to the same competitive level as classroom teachers;; and 3 in section 2402',
'd.c. code, sec. 1 625.2 , by adding at the end the following new subsection: f notwithstanding any other provision',
'of law, the board of education shall not require or permit nonschool based personnel or school administrators to be assigned',
'or reassigned to the same competitive level as classroom teachers.. sec. 146. a notwithstanding any other provision of law, rule,',
'or regulation, an employee of the district of columbia public schools shall be 1 classified as an educational service employee;',
'2 placed under the personnel authority of the board of education; and 3 subject to all board of education rules.',
'b school based personnel shall constitute a separate competitive area from nonschool based personnel who shall not compete with school',
'based personnel for retention purposes. sec. 147. none of the funds provided in this act may be used directly or',
'indirectly for the renovation of the property located at 227 7th street southeast commonly known as eastern market , except',
'that funds provided in this act may be used for the regular maintenance and upkeep of the current structure and',
'grounds located at such property. capital project employees sec. 148. a not later than 15 days after the end of',
'every fiscal quarter beginning october 1, 1995 , the mayor shall submit to the council of the district of columbia,',
'the district of columbia financial responsibility and management assistance authority, and the committees on appropriations of the house of representatives',
'and the senate a report with respect to the employees on the capital project budget for the previous quarter. b',
'each report submitted pursuant to subsection a of this section shall include the following information 1 a list of all',
'employees by position, title, grade and step; 2 a job description, including the capital project for which each employee is',
'working; 3 the date that each employee began working on the capital project and the ending date that each employee',
'completed or is projected to complete work on the capital project; and 4 a detailed explanation justifying why each employee',
'is being paid with capital funds. modification of reduction in force procedures sec. 149. the district of columbia government comprehensive',
'merit personnel act of 1978, effective march 3, 1979 d.c. law 2 139; d.c. code, sec. 1 601.1 et seq.',
', is amended as follows: a section 2401 d.c. code, sec. 1 625.1 is amended by amending the third sentence',
'to read as follows: a personnel authority may establish lesser competitive areas within an agency on the basis of all',
'or a clearly identifiable segment of an agencys mission or a division or major subdivision of an agency.. b a',
'new section 2406 is added to read as follows: sec. 2406. abolishment of positions for fiscal year 1996. a notwithstanding',
'any other provision of law, regulation, or collective bargaining agreement either in effect or to be negotiated while this legislation',
'is in effect for the fiscal year ending september 30, 1996, each agency head is authorized, within the agency heads',
'discretion, to identify positions for abolishment. b prior to august 1, 1996, each personnel authority shall make a final determination',
'that a position within the personnel authority is to be abolished. c notwithstanding any rights or procedures established by any',
'other provision of this title, any district government employee, regardless of date of hire, who encumbers a position identified for',
'abolishment shall be separated without competition or assignment rights, except as provided in this section. d an employee affected by',
'the abolishment of a position pursuant to this section who, but for this section would be entitled to compete for',
'retention, shall be entitled to 1 round of lateral competition pursuant to chapter 24 of the district of columbia personnel',
'manual, which shall be limited to positions in the employees competitive level. e each employee who is a bona fide',
'resident of the district of columbia shall have added 5 years to his or her creditable service for reduction in',
'force purposes. for purposes of this subsection only, a nonresident district employee who was hired by the district government prior',
'to january 1, 1980, and has not had a break in service since that date, or a former employee of',
'the u.s. department of health and human services at saint elizabeths hospital who accepted employment with the district government on',
'october 1, 1987, and has not had a break in service since that date, shall be considered a district resident.',
'f each employee selected for separation pursuant to this section shall be given written notice of at least 30 days',
'before the effective date of his or her separation. g neither the establishment of a competitive area smaller than an',
'agency, nor the determination that a specific position is to be abolished, nor separation pursuant to this section shall be',
'subject to review except as follows 1 an employee may file a complaint contesting a determination or a separation pursuant',
'to title xv of this act or section 303 of the human rights act of 1977, effective december 13, 1977',
'd.c. law 2 38; d.c. code, sec. 1 2543 ; and 2 an employee may file with the office of',
'employee appeals an appeal contesting that the separation procedures of subsections d and f of this section were not properly',
'applied. h an employee separated pursuant to this section shall be entitled to severance pay in accordance with title xi',
'of this act, except that the following shall be included in computing creditable service for severance pay for employees separated',
'pursuant to this section 1 four years for an employee who qualified for veterans preference under this act, and 2',
'three years for an employee who qualified for residency preference under this act. i separation pursuant to this section shall',
'not affect an employees rights under either the agency reemployment priority program or the displaced employee program established pursuant to',
'chapter 24 of the district personnel manual. j the mayor shall submit to the council a listing of all positions',
'to be abolished by agency and responsibility center by march 1, 1996, or upon the delivery of termination notices to',
'individual employees. k notwithstanding the provisions of section 1708 or section 2402 d , the provisions of this act shall',
'not be deemed negotiable. l a personnel authority shall cause a 30 day termination notice to be served, no later',
'than september 1, 1996, on any incumbent employee remaining in any position identified to be abolished pursuant to subsection b',
'of this section. operating expenses and grants sec. 150. a ceiling on total operating expenses. notwithstanding any other provision of',
'law, the total amount appropriated in this act for operating expenses for the district of columbia for fiscal year 1996',
'under the caption division of expenses shall not exceed $4,994,000,000 of which $165,339,000 shall be from intra district funds. b',
'acceptance and use of grants not included in ceiling. 1 in general. notwithstanding subsection a , the mayor of the',
'district of columbia may accept, obligate, and expend federal, private, and other grants received by the district government that are',
'not reflected in the amounts appropriated in this act. 2 requirement of chief financial officer report and financial responsibility and',
'management assistance authority approval. no such federal, private, or other grant may be accepted, obligated, or expended pursuant to paragraph',
'1 until a the chief financial officer of the district submits to the district of columbia financial responsibility and management',
'assistance authority established by public law 104 8 109 stat. 97 a report setting forth detailed information regarding such grant;',
'and b the district of columbia financial responsibility and management assistance authority has reviewed and approved the acceptance, obligation, and',
'expenditure of such grant in accordance with review and approval procedures consistent with the provisions of public law 104 8.',
'3 prohibition on spending in anticipation of approval or receipt. no amount may be obligated or expended from the general',
'fund or other funds of the district government in anticipation of the approval or receipt of a grant under paragraph',
'2 b or in anticipation of the approval or receipt of a federal, private, or other grant not subject to',
'such paragraph. 4 monthly reports. the chief financial officer of the district shall prepare a monthly report setting forth detailed',
'information regarding all federal, private, and other grants subject to this subsection. each such report shall be submitted to the',
'council of the district of columbia, and to the committees on appropriations of the house of representatives and the senate,',
'not later than 15 days after the end of the month covered by the report. development of plans regarding district',
'of columbia corrections sec. 151. a plan for short term improvements. 1 in general. not later than july 1, 1996,',
'the national institute of corrections acting for and on behalf of the district of columbia shall enter into an agreement',
'with a private contractor to develop a plan for short term improvements in the administration of the district of columbia',
'department of corrections hereafter referred to as the department and the administration and physical plant of the lorton correctional complex',
'hereafter referred to as the complex which may be initiated during a period not to exceed 5 months. 2 contents',
'of plan. the plan developed under paragraph 1 shall address the following issues: a the reorganization of the central office',
'of the department, including the consolidation of units and the redeployment of personnel. b the establishment of a centralized inmate',
'classification unit. c the implementation of a revised classification system for sentenced inmates. d the development of a projection for',
'the number of inmates under the authority of the department over a 10 year period. e the improvement of department',
'security operations. f capital improvements. g the preparation of a methodology for developing and assessing options for the long term',
'status of the complex and the department consistent with the requirements for the development of plans under subsection b .',
'h other appropriate miscellaneous issues. 3 submission of plan. upon completing the plan under paragraph 1 but in no event',
'later than september 30, 1996 , the national institute of corrections shall submit the plan to the mayor of the',
'district of columbia, the president, congress, and the district of columbia financial responsibility and management assistance authority. b optional plans',
'for long term treatment of complex. 1 in general. not later than july 1, 1996, the national institute of corrections',
'acting for and on behalf of the district of columbia shall enter into an agreement with a private contractor to',
'develop a series of alternative plans regarding the long term status of the complex and the future operations of the',
'department, including the following: a a separate plan under which the complex will be closed and inmates transferred to new',
'facilities constructed and operated by private entities. b a separate plan under which the complex will remain in operation under',
'the management of the district of columbia subject to such modifications as the district considers appropriate. c a separate plan',
'under which the federal government will operate the complex and inmates will be sentenced and treated in accordance with guidelines',
'applicable to federal prisoners. d a separate plan under which the complex will be operated under private management. e such',
'other plans as the district of columbia consider appropriate. 2 requirements for plans. each of the alternative plans developed under',
'paragraph 1 shall meet the following requirements: a the plan shall provide for an appropriate transition period for implementation not',
'to exceed 5 years to begin january 1, 1997. b the plan shall specify the extent to which the department',
'will utilize alternative and cost effective management methods, including the use of private management and vendors for the operation of',
'the facilities and activities of the department, including where appropriate the complex. c the plan shall include an implementation schedule',
'specifying timetables for the completion of all significant activities, including site selection for new facilities, design, financing, construction, recruitment and',
'hiring of personnel, training, adoption of new policies and procedures, and the establishment of essential administrative organizational structures to carry',
'out the plan. d in determining the bed capacity required for the department through 2002, the plan shall use the',
'population projections developed under the plan under subsection a . e the plan shall identify any federal or district legislation',
'which is required to be enacted, and any district regulations, policies, or procedures which are required to be adopted, in',
'order for the plan to take effect. f the plan shall take into account any court orders and consent decrees',
'in effect with respect to the department and shall describe how the plan will enable the district to comply with',
'such orders and decrees. g the plan shall include estimates of the operating and capital expenses for the department for',
'each year of the plans transition period, together with the primary assumptions underlying such estimates. h the plan shall require',
'the mayor of the district of columbia to submit a semi annual report to the president, congress, and the district',
'of columbia financial responsibility and management assistance authority describing the actions taken by the district under the plan, and in',
'addition shall require the mayor to regularly report to the president, congress, and the district of columbia financial responsibility and',
'management assistance authority on all measures taken under the plan as soon as such measures are taken. i for each',
'year for which the plan is in effect, the plan shall be consistent with the financial plan and budget for',
'the district of columbia for the year under subtitle a of title ii of the district of columbia financial responsibility',
'and management assistance act of 1995. 3 submission of plan. upon completing the development of the alternative plans under paragraph',
'1 but in no event later than december 31, 1996 , the national institute of corrections shall submit the plan',
'to the mayor of the district of columbia, the president, congress, and the district of columbia financial responsibility and management',
'assistance authority. chief financial officer powers sec. 152. notwithstanding any other provision of law, for the fiscal years ending september',
'30, 1996 and september 30, 1997 a the heads and all personnel of the following offices, together with all other',
'district of columbia executive branch accounting, budget, and financial management personnel, shall be appointed by, shall serve at the pleasure',
'of, and shall act under the direction and control of the chief financial officer: the office of the treasurer. the',
'controller of the district of columbia. the office of the budget. the office of financial information services. the department of',
'finance and revenue. the district of columbia financial responsibility and management assistance authority established pursuant to public law 104 8,',
'approved april 17, 1995, may remove such individuals from office for cause, after consultation with the mayor and the chief',
'financial officer. b the chief financial officer shall prepare and submit to the mayor, for inclusion in the annual budget',
'of the district of columbia under part d of title iv of the district of columbia self government and governmental',
'reorganization act of 1993, approved december 24, 1973 87 stat. 774; public law 93 198 , as amended, for fiscal',
'years 1996, 1997 and 1998, annual estimates of the expenditures and appropriations necessary for the operation of the office of',
'the chief financial officer for the year. all such estimates shall be forwarded by the mayor to the council of',
'the district of columbia for its action pursuant to sections 446 and 603 c of such act, without revision but',
'subject to recommendations. notwithstanding any other provisions of such act, the council may comment or make recommendations concerning such estimates,',
'but shall have no authority to revise such estimates. technical corrections to financial responsibility and management assistance act sec. 153.',
'a requiring gsa to provide support services. section 103 f of the district of columbia financial responsibility and management assistance',
'act of 1995 is amended by striking may provide and inserting shall promptly provide. b availability of certain federal benefits',
'for individuals who become employed by the authority. 1 former federal employees. subsection e of section 102 of such act',
'is amended to read as follows: e preservation of retirement and certain other rights of federal employees who become employed',
'by the authority. 1 in general. any federal employee who becomes employed by the authority a may elect, for the',
'purposes set forth in paragraph 2 a , to be treated, for so long as that individual remains continuously employed',
'by the authority, as if such individual had not separated from service with the federal government, subject to paragraph 3',
'; and b shall, if such employee subsequently becomes reemployed by the federal government, be entitled to have such individuals',
'service with the authority treated, for purposes of determining the appropriate leave accrual rate, as if it had been service',
'with the federal government. 2 effect of an election. an election made by an individual under the provisions of paragraph',
'1 a a shall qualify such individual for the treatment described in such provisions for purposes of i chapter 83',
'or 84 of title 5, united states code, as appropriate relating to retirement , including the thrift savings plan; ii',
'chapter 87 of such title relating to life insurance ; and iii chapter 89 of such title relating to health',
'insurance ; and b shall disqualify such individual, while such election remains in effect, from participating in the programs offered',
'by the government of the district of columbia if any corresponding to the respective programs referred to in subparagraph a',
'. 3 conditions for an election to be effective. an election made by an individual under paragraph 1 a shall',
'be ineffective unless a it is made before such individual separates from service with the federal government; and b such',
'individuals service with the authority commences within 3 days after so separating not counting any holiday observed by the government',
'of the district of columbia . 4 contributions. if an individual makes an election under paragraph 1 a , the',
'authority shall, in accordance with applicable provisions of law referred to in paragraph 2 a , be responsible for making',
'the same deductions from pay and the same agency contributions as would be required if it were a federal agency.',
'5 regulations. any regulations necessary to carry out this subsection shall be prescribed in consultation with the authority by a',
'the office of personnel management, to the extent that any program administered by the office is involved; b the appropriate',
'office or agency of the government of the district of columbia, to the extent that any program administered by such',
'office or agency is involved; and c the executive director referred to in section 8474 of title 5, united states',
'code, to the extent that the thrift savings plan is involved.. 2 other individuals. section 102 of such act is',
'further amended by adding at the end the following: f federal benefits for others. 1 in general. the office of',
'personnel management, in conjunction with each corresponding office or agency of the government of the district of columbia and in',
'consultation with the authority, shall prescribe regulations under which any individual who becomes employed by the authority under circumstances other',
'than as described in subsection e may elect either a to be deemed a federal employee for purposes of the',
'programs referred to in subsection e 2 a i iii ; or b to participate in 1 or more of',
'the corresponding programs offered by the government of the district of columbia. 2 effect of an election. an individual who',
'elects the option under subparagraph a or b of paragraph 1 shall be disqualified, while such election remains in effect,',
'from participating in any of the programs referred to in the other such subparagraph. 3 definition of corresponding office or',
'agency. for purposes of paragraph 1 , the term corresponding office or agency of the government of the district of',
'columbia means, with respect to any program administered by the office of personnel management, the office or agency responsible for',
'administering the corresponding program if any offered by the government of the district of columbia. 4 thrift savings plan. to',
'the extent that the thrift savings plan is involved, the preceding provisions of this subsection shall be applied by substituting',
'the executive director referred to in section 8474 of title 5, united states code for the office of personnel management..',
'3 effective date; additional election for former federal employees serving on date of enactment; election for employees appointed during interim',
'period. a effective date. not later than 6 months after the date of enactment of this act, there shall be',
'prescribed in consultation with the authority and take effect i regulations to carry out the amendments made by this subsection;',
'and ii any other regulations necessary to carry out this subsection. b additional election for former federal employees serving on',
'date of enactment. i in general. any former federal employee employed by the authority on the effective date of the',
'regulations referred to in subparagraph a i may, within such period as may be provided for under those regulations, make',
'an election similar, to the maximum extent practicable, to the election provided for under section 102 e of the district',
'of columbia financial responsibility and management assistance act of 1995, as amended by this subsection. such regulations shall be prescribed',
'jointly by the office of personnel management and each corresponding office or agency of the government of the district of',
'columbia in the same manner as provided for in section 102 f of such act, as so amended . ii',
'exception. an election under this subparagraph may not be made by any individual who i is not then participating in',
'a retirement system for federal employees disregarding social security ; or ii is then participating in any program of the',
'government of the district of columbia referred to in section 102 e 2 b of such act as so amended',
'. c election for employees appointed during interim period. i from the federal government. subsection e of section 102 of',
'the district of columbia financial responsibility and management assistance act of 1995 as last in effect before the date of',
'enactment of this act shall be deemed to have remained in effect for purposes of any federal employee who becomes',
'employed by the district of columbia financial responsibility and management assistance authority during the period beginning on such date of',
'enactment and ending on the day before the effective date of the regulations prescribed to carry out subparagraph b .',
'ii other individuals. the regulations prescribed to carry out subsection f of section 102 of the district of columbia financial',
'responsibility and management assistance act of 1995 as amended by this subsection shall include provisions under which an election under',
'such subsection shall be available to any individual who i becomes employed by the district of columbia financial responsibility and',
'management assistance authority during the period beginning on the date of enactment of this act and ending on the day',
'before the effective date of such regulations; ii would have been eligible to make an election under such regulations had',
'those regulations been in effect when such individual became so employed; and iii is not then participating in any program',
'of the government of the district of columbia referred to in subsection f 1 b of such section 102 as',
'so amended . c exemption from liability for claims for authority employees. section 104 of such act is amended 1',
'by striking the authority and its members and inserting the authority, its members, and its employees; and 2 by striking',
'the district of columbia and inserting the authority or its members or employees or the district of columbia. d permitting',
'review of emergency legislation. section 203 a 3 of such act is amended by striking subparagraph c . establishment of',
'exclusive accounts for blue plains activities sec. 154. a operation and maintenance account. 1 contents of account. there is hereby',
'established within the water and sewer enterprise fund the operation and maintenance account, consisting of all funds paid to the',
'district of columbia on or after the date of the enactment of this act which are a attributable to waste',
'water treatment user charges; b paid by users jurisdictions for the operation and maintenance of the blue plains wastewater treatment',
'facility and related waste water treatment works; or c appropriated or otherwise provided for the operation and maintenance of the',
'blue plains wastewater treatment facility and related waste water treatment works. 2 use of funds in account. funds in the',
'operation and maintenance account shall be used solely for funding the operation and maintenance of the blue plains wastewater treatment',
'facility and related waste water treatment works and may not be obligated or expended for any other purpose, and may',
'be used for related debt service and capital costs if such funds are not attributable to user charges assessed for',
'purposes of section 204 b 1 of the federal water pollution control act. b epa grant account. 1 contents of',
'account. there is hereby established within the water and sewer enterprise fund and epa grant account, consisting of all funds',
'paid to the district of columbia on or after the date of the enactment of this act which are a',
'attributable to grants from the environmental protection agency for construction at the blue plains wastewater treatment facility and related waste',
'water treatment works; or b appropriated or otherwise provided for construction at the blue plains wastewater treatment facility and related',
'waste water treatment works. 2 use of funds in account. funds in the epa grant account shall be used solely',
'for the purposes specified under the terms of the grants and appropriations involved, and may not be obligated or expended',
'for any other purpose. police and fire fighter disability retirements sec. 155. a up to 50 police officers and up',
'to 50 fire and emergency medical services members with less than 20 years of departmental service who were hired before',
'february 14, 1980, and who retire on disability before the end of calendar year 1996 shall be excluded from the',
'computation of the rate of disability retirements under subsection 145 a of the district of columbia retirement reform act of',
'1979 93 stat. 882; d.c. code, sec. 1 725 a , for purposes of reducing the authorized federal payment to',
'the district of columbia police officers and fire fighters retirement fund pursuant to subsection 145 c of the district of',
'columbia retirement reform act of 1979. b the mayor, within 30 days after the enactment of this provision, shall engage',
'an enrolled actuary, to be paid by the district of columbia retirement board, and shall comply with the requirements of',
'section 142 d and section 144 d of the district of columbia retirement reform act of 1979 public law 96',
'122, approved november 17, 1979; d.c. code, secs. 1 722 d and 1 724 d . c this section shall',
'not go into effect until 15 days after the mayor transmits the actuarial report required by section 142 d of',
'the district of columbia retirement reform act of 1979 public law 96 122, approved november 17, 1979 to the d.c.',
'retirement board, the speaker of the house of representatives, and the president pro tempore of the senate. conveyance of certain',
'property to architect of the capitol sec. 156. pursuant to section 1 b 2 of public law 98 340 and',
'in accordance with the agreement entered into between the architect of the capitol and the district of columbia pursuant to',
'such act as executed on september 28, 1984 , not later than 30 days after the date of the enactment',
'of this act the district of columbia shall convey without consideration by general warranty deed to the architect of the',
'capitol on behalf of the united states all right, title, and interest of the district of columbia in the real',
'property including improvements and appurtenances thereon within the area known as d.c. village and described in attachment a of the',
'agreement. this title may be cited as the district of columbia appropriations act, 1996. title ii district of columbia school',
'reform sec. 2001. short title. this title may be cited as the district of columbia school reform act of 1995.',
'sec. 2002. definitions. except as otherwise provided, for purposes of this title: 1 appropriate congressional committees. the term appropriate congressional',
'committees means a the committee on appropriations of the house of representatives and the committee on appropriations of the senate;',
'b the committee on economic and educational opportunities of the house of representatives and the committee on labor and human',
'resources of the senate; and c the committee on government reform and oversight of the house of representatives and the',
'committee on governmental affairs of the senate. 2 authority. the term authority means the district of columbia financial responsibility and',
'management assistance authority established under section 101 a of the district of columbia financial responsibility and management assistance act of',
'1995 public law 104 8 . 3 average daily attendance. the term average daily attendance means the aggregate attendance of',
'students of the school during the period divided by the number of days during the period in which a the',
'school is in session; and b the students of the school are under the guidance and direction of teachers. 4',
'average daily membership. the term average daily membership means the aggregate enrollment of students of the school during the period',
'divided by the number of days during the period in which a the school is in session; and b the',
'students of the school are under the guidance and direction of teachers. 5 board of education. the term board of',
'education means the board of education of the district of columbia. 6 board of trustees. the term board of trustees',
'means the governing board of a public charter school, the members of which are selected pursuant to the charter granted',
'to the school and in a manner consistent with this title. 7 consensus commission. the term consensus commission means the',
'commission on consensus reform in the district of columbia public schools established under subtitle h. 8 core curriculum. the term',
'core curriculum means the concepts, factual knowledge, and skills that students in the district of columbia should learn in kindergarten',
'through grade 12 in academic content areas, including, at a minimum, english, mathematics, science, and history. 9 district of columbia',
'council. the term district of columbia council means the council of the district of columbia established pursuant to section 401',
'of the district of columbia self government and governmental reorganization act d.c. code, sec. 1 221 . 10 district of',
'columbia government. a in general. the term district of columbia government means the government of the district of columbia, including',
'i any department, agency, or instrumentality of the government of the district of columbia; ii any independent agency of the',
'district of columbia established under part f of title iv of the district of columbia self government and governmental reorganization',
'act; iii any other agency, board, or commission established by the mayor or the district of columbia council; iv the',
'courts of the district of columbia; v the district of columbia council; and vi any other agency, public authority, or',
'public nonprofit corporation that has the authority to receive moneys directly or indirectly from the district of columbia other than',
'moneys received from the sale of goods, the provision of services, or the loaning of funds to the district of',
'columbia . b exception. the term district of columbia government neither includes the authority nor a public charter school. 11',
'district of columbia government retirement system. the term district of columbia government retirement system means the retirement programs authorized by',
'the district of columbia council or the congress for employees of the district of columbia government. 12 district of columbia',
'public school. a in general. the term district of columbia public school means a public school in the district of',
'columbia that offers classes i at any of the grade levels from prekindergarten through grade 12; or ii leading to',
'a secondary school diploma, or its recognized equivalent. b exception. the term district of columbia public school does not include',
'a public charter school. 13 districtwide assessments. the term districtwide assessments means a variety of assessment tools and strategies including',
'individual student assessments under subparagraph e ii administered by the superintendent to students enrolled in district of columbia public schools',
'and public charter schools that a are aligned with the district of columbias content standards and core curriculum; b provide',
'coherent information about student attainment of such standards; c are used for purposes for which such assessments are valid, reliable,',
'and unbiased, and are consistent with relevant nationally recognized professional and technical standards for such assessments; d involve multiple up',
'to date measures of student performance, including measures that assess higher order thinking skills and understanding; and e provide for',
'i the participation in such assessments of all students; ii individual student assessments for students that fail to reach minimum',
'acceptable levels of performance; iii the reasonable adaptations and accommodations for students with special needs as defined in paragraph 32',
'necessary to measure the achievement of such students relative to the district of columbias content standards; and iv the inclusion',
'of limited english proficient students, who shall be assessed, to the extent practicable, in the language and form most likely',
'to yield accurate and reliable information regarding such students knowledge and abilities. 14 electronic data transfer system. the term electronic',
'data transfer system means a computer based process for the maintenance and transfer of student records designed to permit the',
'transfer of individual student records among district of columbia public schools and public charter schools. 15 elementary school. the term',
'elementary school means an institutional day or residential school that provides elementary education, as determined under district of columbia law.',
'16 eligible applicant. the term eligible applicant means a person, including a private, public, or quasi public entity, or an',
'institution of higher education as defined in section 1201 a of the higher education act of 1965 20 u.s.c. 1141',
'a , that seeks to establish a public charter school in the district of columbia. 17 eligible chartering authority. the',
'term eligible chartering authority means any of the following: a the board of education. b the public charter school board.',
'c any one entity designated as an eligible chartering authority by enactment of a bill by the district of columbia',
'council after the date of the enactment of this act. 18 family resource center. the term family resource center means',
'an information desk a located in a district of columbia public school or a public charter school serving a majority',
'of students whose family income is not greater than 185 percent of the income official poverty line as defined by',
'the office of management and budget, and revised annually in accordance with section 673 2 of the community services block',
'grant act applicable to a family of the size involved 42 u.s.c. 9902 3 ; and b which links students',
'and families to local resources and public and private entities involved in child care, adult education, health and social services,',
'tutoring, mentoring, and job training. 19 individual career path. the term individual career path means a program of study that',
'provides a secondary school student the skills necessary to compete in the 21st century workforce. 20 literacy. the term literacy',
'means a in the case of a minor student, such students ability to read, write, and speak in english, and',
'compute and solve problems at levels of proficiency necessary to function in society, to achieve such students goals, and develop',
'such students knowledge and potential; and b in the case of an adult, such adults ability to read, write, and',
'speak in english, and compute and solve problems at levels of proficiency necessary to function on the job and in',
'society, to achieve such adults goals, and develop such adults knowledge and potential. 21 long term reform plan. the term',
'long term reform plan means the plan submitted by the superintendent under section 2101. 22 mayor. the term mayor means',
'the mayor of the district of columbia. 23 metrobus and metrorail transit system. the term metrobus and metrorail transit system',
'means the bus and rail systems administered by the washington metropolitan area transit authority. 24 minor student. the term minor',
'student means an individual who a is enrolled in a district of columbia public school or a public charter school;',
'and b is not beyond the age of compulsory school attendance, as prescribed in section 1 of article i, and',
'section 1 of article ii, of the act of february 4, 1925 sections 31 401 and 31 402, d.c. code',
'. 25 nonresident student. the term nonresident student means a an individual under the age of 18 who is enrolled',
'in a district of columbia public school or a public charter school, and does not have a parent residing in',
'the district of columbia; or b an individual who is age 18 or older and is enrolled in a district',
'of columbia public school or public charter school, and does not reside in the district of columbia. 26 parent. the',
'term parent means a person who has custody of a child, and who a is a natural parent of the',
'child; b is a stepparent of the child; c has adopted the child; or d is appointed as a guardian',
'for the child by a court of competent jurisdiction. 27 petition. the term petition means a written application. 28 promotion',
'gate. the term promotion gate means the criteria, developed by the superintendent and approved by the board of education, that',
'are used to determine student promotion at different grade levels. such criteria shall include student achievement on districtwide assessments established',
'under subtitle c. 29 public charter school. the term public charter school means a publicly funded school in the district',
'of columbia that a is established pursuant to subtitle b; and b except as provided under sections 2212 d 5',
'and 2213 c 5 is not a part of the district of columbia public schools. 30 public charter school board.',
'the term public charter school board means the public charter school board established under section 2214. 31 secondary school. the',
'term secondary school means an institutional day or residential school that provides secondary education, as determined by district of columbia',
'law, except that such term does not include any education beyond grade 12. 32 student with special needs. the term',
'student with special needs means a student who is a child with a disability as provided in section 602 a',
'1 of the individuals with disabilities education act 20 u.s.c. 1401 a 1 or a student who is an individual',
'with a disability as provided in section 7 8 of the rehabilitation act of 1973 29 u.s.c. 706 8 .',
'33 superintendent. the term superintendent means the superintendent of the district of columbia public schools. 34 teacher. the term teacher',
'means any person employed as a teacher by the board of education or by a public charter school. sec. 2003.',
'general effective date. except as otherwise provided in this title, this title shall be effective during the period beginning on',
'the date of enactment of this act and ending 5 years after such date. subtitle a district of columbia reform',
'plan sec. 2101. long term reform plan. a in general. 1 plan. the superintendent, with the approval of the board',
'of education, shall submit to the mayor, the district of columbia council, the authority, the consensus commission, and the appropriate',
'congressional committees, a long term reform plan, not later than 90 days after the date of enactment of this act,',
'and each february 15 thereafter. the long term reform plan shall be consistent with the financial plan and budget for',
'the district of columbia for fiscal year 1996, and each financial plan and budget for a subsequent fiscal year, as',
'the case may be, required under section 201 of the district of columbia financial responsibility and management assistance act of',
'1995. 2 consultation. a in general. in developing the long term reform plan, the superintendent i shall consult with the',
'board of education, the mayor, the district of columbia council, the authority, and the consensus commission; and ii shall afford',
'the public, interested organizations, and groups an opportunity to present their views and make recommendations regarding the long term reform',
'plan. b summary of recommendations. the superintendent shall include in the long term plan a summary of the recommendations made',
'under subparagraph a ii and the response of the superintendent to the recommendations. b contents. 1 areas to be addressed.',
'the long term reform plan shall describe how the district of columbia public schools will become a world class education',
'system that prepares students for lifetime learning in the 21st century and which is on a par with the best',
'education systems of other cities, states, and nations. the long term reform plan shall include a description of how the',
'district of columbia public schools will accomplish the following: a achievement at nationally and internationally competitive levels by students attending',
'district of columbia public schools. b the preparation of students for the workforce, including i providing special emphasis for students',
'planning to obtain a postsecondary education; and ii the development of individual career paths. c the improvement of the health',
'and safety of students in district of columbia public schools. d local school governance, decentralization, autonomy, and parental choice among',
'district of columbia public schools. e the implementation of a comprehensive and effective adult education and literacy program. f the',
'identification, beginning in grade 3, of each student who does not meet minimum standards of academic achievement in reading, writing,',
'and mathematics in order to ensure that such student meets such standards prior to grade promotion. g the achievement of',
'literacy, and the possession of the knowledge and skills necessary to think critically, communicate effectively, and perform competently on districtwide',
'assessments, by students attending district of columbia public schools prior to such students completion of grade 8. h the establishment',
'of after school programs that promote self confidence, self discipline, self respect, good citizenship, and respect for leaders, through such',
'activities as arts classes, physical fitness programs, and community service. i steps necessary to establish an electronic data transfer system.',
'j encourage parental involvement in all school activities, particularly parent teacher conferences. k development and implementation, through the board of',
'education and the superintendent, of a uniform dress code for the district of columbia public schools, that i shall include',
'a prohibition of gang membership symbols; ii shall take into account the relative costs of any such code for each',
'student; and iii may include a requirement that students wear uniforms. l the establishment of classes, beginning not later than',
'grade 3, to teach students how to use computers effectively. m the development of community schools that enable district of',
'columbia public schools to collaborate with other public and nonprofit agencies and organizations, local businesses, recreational, cultural, and other community',
'and human service entities, for the purpose of meeting the needs and expanding the opportunities available to residents of the',
'communities served by such schools. n the establishment of programs which provide counseling, mentoring especially peer mentoring , academic support,',
'outreach, and supportive services to elementary, middle, and secondary school students who are at risk of dropping out of school.',
'o the establishment of a comprehensive remedial education program to assist students who do not meet basic literacy standards, or',
'the criteria of promotion gates established in section 2321. p the establishment of leadership development projects for middle school principals,',
'which projects shall increase student learning and achievement and strengthen such principals as instructional school leaders. q the implementation of',
'a policy for performance based evaluation of principals and teachers, after consultation with the superintendent and unions including unions that',
'represent teachers and unions that represent principals . r the implementation of policies that require competitive appointments for all district',
'of columbia public school positions. s the implementation of policies regarding alternative teacher certification requirements. t the implementation of testing',
'requirements for teacher licensing renewal. u a review of the district of columbia public school central office budget and staffing',
'reductions for each fiscal year compared to the level of such budget and reductions at the end of fiscal year',
'1995. v the implementation of the discipline policy for the district of columbia public schools in order to ensure a',
'safe, disciplined environment conducive to learning. 2 other information. for each of the items described in subparagraphs a through v',
'of paragraph 1 , the long term reform plan shall include a a statement of measurable, objective performance goals; b',
'a description of the measures of performance to be used in determining whether the superintendent and board of education have',
'met the goals; c dates by which the goals shall be met; d plans for monitoring and reporting progress to',
'district of columbia residents, the mayor, the district of columbia council, the authority, the consensus commission, and the appropriate congressional',
'committees regarding the carrying out of the long term reform plan; and e the title of the management employee of',
'the district of columbia public schools most directly responsible for the achievement of each goal and, with respect to each',
'such employee, the title of the employees immediate supervisor or superior. c amendments. the superintendent, with the approval of the',
'board of education, shall submit any amendment to the long term reform plan to the mayor, the district of columbia',
'council, the authority, the consensus commission, and the appropriate congressional committees. any amendment to the long term reform plan shall',
'be consistent with the financial plan and budget for fiscal year 1996, and each financial plan and budget for a',
'subsequent fiscal year, as the case may be, for the district of columbia required under section 201 of the district',
'of columbia financial responsibility and management assistance act of 1995. sec. 2102. superintendents report on reforms. not later than december',
'1, 1996, the superintendent shall submit to the appropriate congressional committees, the board of education, the mayor, the consensus commission,',
'and the district of columbia council a report regarding the progress of the district of columbia public schools toward achieving',
'the goals of the long term reform plan. sec. 2103. district of columbia council report. not later than april 1,',
'1997, the chairperson of the district of columbia council shall submit to the appropriate congressional committees a report describing legislative',
'and other actions the district of columbia council has taken or will take to facilitate the implementation of the goals',
'of the long term reform plan. subtitle b public charter schools sec. 2201. process for filing charter petitions. a existing',
'public school. an eligible applicant seeking to convert a district of columbia public school into a public charter school 1',
'shall prepare a petition to establish a public charter school that meets the requirements of section 2202; 2 shall provide',
'a copy of the petition to a the parents of minor students attending the existing school; b adult students attending',
'the existing school; and c employees of the existing school; and 3 shall file the petition with an eligible chartering',
'authority for approval after the petition a is signed by two thirds of the sum of i the total number',
'of parents of minor students attending the school; and ii the total number of adult students attending the school; and',
'b is endorsed by at least two thirds of full time teachers employed in the school. b private or independent',
'school. an eligible applicant seeking to convert an existing private or independent school in the district of columbia into a',
'public charter school 1 shall prepare a petition to establish a public charter school that is approved by the board',
'of trustees or authority responsible for the school and that meets the requirements of section 2202; 2 shall provide a',
'copy of the petition to a the parents of minor students attending the existing school; b adult students attending the',
'existing school; and c employees of the existing school; and 3 shall file the petition with an eligible chartering authority',
'for approval after the petition a is signed by two thirds of the sum of i the total number of',
'parents of minor students attending the school; and ii the total number of adult students attending the school; and b',
'is endorsed by at least two thirds of full time teachers employed in the school. c new school. an eligible',
'applicant seeking to establish in the district of columbia a public charter school, but not seeking to convert a district',
'of columbia public school or a private or independent school into a public charter school, shall file with an eligible',
'chartering authority for approval a petition to establish a public charter school that meets the requirements of section 2202. sec.',
'2202. contents of petition. a petition under section 2201 to establish a public charter school shall include the following: 1',
'a statement defining the mission and goals of the proposed school and the manner in which the school will conduct',
'any districtwide assessments. 2 a statement of the need for the proposed school in the geographic area of the school',
'site. 3 a description of the proposed instructional goals and methods for the proposed school, which shall include, at a',
'minimum a the area of focus of the proposed school, such as mathematics, science, or the arts, if the school',
'will have such a focus; b the methods that will be used, including classroom technology, to provide students with the',
'knowledge, proficiency, and skills needed i to become nationally and internationally competitive students and educated individuals in the 21st century;',
'and ii to perform competitively on any districtwide assessments; and c the methods that will be used to improve student',
'self motivation, classroom instruction, and learning for all students. 4 a description of the scope and size of the proposed',
'schools program that will enable students to successfully achieve the goals established by the school, including the grade levels to',
'be served by the school and the projected and maximum enrollment of each grade level. 5 a description of the',
'plan for evaluating student academic achievement at the proposed school and the procedures for remedial action that will be used',
'by the school when the academic achievement of a student falls below the expectations of the school. 6 an operating',
'budget for the first 2 years of the proposed school that is based on anticipated enrollment and contains a a',
'description of the method for conducting annual audits of the financial, administrative, and programmatic operations of the school; b either',
'i an identification of the site where the school will be located, including a description of any buildings on the',
'site and any buildings proposed to be constructed on the site; or ii a timetable by which such an identification',
'will be made; c a description of any major contracts planned, with a value equal to or exceeding $10,000, for',
'equipment and services, leases, improvements, purchases of real property, or insurance; and d a timetable for commencing operations as a',
'public charter school. 7 a description of the proposed rules and policies for governance and operation of the proposed school.',
'8 copies of the proposed articles of incorporation and bylaws of the proposed school. 9 the names and addresses of',
'the members of the proposed board of trustees and the procedures for selecting trustees. 10 a description of the student',
'enrollment, admission, suspension, expulsion, and other disciplinary policies and procedures of the proposed school, and the criteria for making decisions',
'in such areas. 11 a description of the procedures the proposed school plans to follow to ensure the health and',
'safety of students, employees, and guests of the school and to comply with applicable health and safety laws, and all',
'applicable civil rights statutes and regulations of the federal government and the district of columbia. 12 an explanation of the',
'qualifications that will be required of employees of the proposed school. 13 an identification, and a description, of the individuals',
'and entities submitting the petition, including their names and addresses, and the names of the organizations or corporations of which',
'such individuals are directors or officers. 14 a description of how parents, teachers, and other members of the community have',
'been involved in the design and will continue to be involved in the implementation of the proposed school. 15 a',
'description of how parents and teachers will be provided an orientation and other training to ensure their effective participation in',
'the operation of the public charter school. 16 an assurance the proposed school will seek, obtain, and maintain accreditation from',
'at least one of the following: a the middle states association of colleges and schools. b the association of independent',
'maryland schools. c the southern association of colleges and schools. d the virginia association of independent schools. e american montessori',
'internationale. f the american montessori society. g the national academy of early childhood programs. h any other accrediting body deemed',
'appropriate by the eligible chartering authority that granted the charter to the school. 17 in the case that the proposed',
'schools educational program includes preschool or prekindergarten, an assurance the proposed school will be licensed as a child development center',
'by the district of columbia government not later than the first date on which such program commences. 18 an explanation',
'of the relationship that will exist between the public charter school and the schools employees. 19 a statement of whether',
'the proposed school elects to be treated as a local educational agency or a district of columbia public school for',
'purposes of part b of the individuals with disabilities education act 20 u.s.c. 1411 et seq. and section 504 of',
'the rehabilitation act of 1973 20 u.s.c. 794 , and notwithstanding any other provision of law the eligible chartering authority',
'shall not have the authority to approve or disapprove such election. sec. 2203. process for approving or denying public charter',
'school petitions. a schedule. an eligible chartering authority shall establish a schedule for receiving petitions to establish a public charter',
'school and shall publish any such schedule in the district of columbia register and newspapers of general circulation. b public',
'hearing. not later than 45 days after a petition to establish a public charter school is filed with an eligible',
'chartering authority, the eligible chartering authority shall hold a public hearing on the petition to gather the information that is',
'necessary for the eligible chartering authority to make the decision to approve or deny the petition. c notice. not later',
'than 10 days prior to the scheduled date of a public hearing on a petition to establish a public charter',
'school, an eligible chartering authority 1 shall publish a notice of the hearing in the district of columbia register and',
'newspapers of general circulation; and 2 shall send a written notification of the hearing date to the eligible applicant who',
'filed the petition. d approval. subject to subsection i , an eligible chartering authority may approve a petition to establish',
'a public charter school, if 1 the eligible chartering authority determines that the petition satisfies the requirements of this subtitle;',
'2 the eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this subtitle and',
'other applicable law, that is set forth in writing by the eligible chartering authority as an amendment to the petition;',
'and 3 the eligible chartering authority determines that the public charter school has the ability to meet the educational objectives',
'outlined in the petition. e timetable. an eligible chartering authority shall approve or deny a petition to establish a public',
'charter school not later than 45 days after the conclusion of the public hearing on the petition. f extension. an',
'eligible chartering authority and an eligible applicant may agree to extend the 45 day time period referred to in subsection',
'e by a period that shall not exceed 30 days. g denial explanation. if an eligible chartering authority denies a',
'petition or finds the petition to be incomplete, the eligible chartering authority shall specify in writing the reasons for its',
'decision and indicate, when the eligible chartering authority determines appropriate, how the eligible applicant who filed the petition may revise',
'the petition to satisfy the requirements for approval. h approved petition. 1 notice. not later than 10 days after an',
'eligible chartering authority approves a petition to establish a public charter school, the eligible chartering authority shall provide a written',
'notice of the approval, including a copy of the approved petition and any conditions or requirements agreed to under subsection',
'd 2 , to the eligible applicant and to the chief financial officer of the district of columbia. the eligible',
'chartering authority shall publish a notice of the approval of the petition in the district of columbia register and newspapers',
'of general circulation. 2 charter. the provisions described in paragraphs 1 , 7 , 8 , 11 , 16 ,',
'17 , and 18 of section 2202 of a petition to establish a public charter school that are approved by',
'an eligible chartering authority, together with any amendments to such provisions in the petition containing conditions or requirements agreed to',
'by the eligible applicant under subsection d 2 , shall be considered a charter granted to the school by the',
'eligible chartering authority. i number of petitions. 1 first year. for academic year 1996 1997, not more than 10 petitions',
'to establish public charter schools may be approved under this subtitle. 2 subsequent years. for academic year 1997 1998 and',
'each academic year thereafter each eligible chartering authority shall not approve more than 5 petitions to establish a public charter',
'school under this subtitle. j exclusive authority of the eligible chartering authority. no governmental entity, elected official, or employee of',
'the district of columbia shall make, participate in making, or intervene in the making of, the decision to approve or',
'deny a petition to establish a public charter school, except for officers or employees of the eligible chartering authority with',
'which the petition is filed. sec. 2204. duties, powers, and other requirements, of public charter schools. a duties. a public',
'charter school shall comply with all of the terms and provisions of its charter. b powers. a public charter school',
'shall have the following powers: 1 to adopt a name and corporate seal, but only if the name selected includes',
'the words public charter school. 2 to acquire real property for use as the public charter schools facilities, from public',
'or private sources. 3 to receive and disburse funds for public charter school purposes. 4 subject to subsection c 1',
', to secure appropriate insurance and to make contracts and leases, including agreements to procure or purchase services, equipment, and',
'supplies. 5 to incur debt in reasonable anticipation of the receipt of funds from the general fund of the district',
'of columbia or the receipt of federal or private funds. 6 to solicit and accept any grants or gifts for',
'public charter school purposes, if the public charter school a does not accept any grants or gifts subject to any',
'condition contrary to law or contrary to its charter; and b maintains for financial reporting purposes separate accounts for grants',
'or gifts. 7 to be responsible for the public charter schools operation, including preparation of a budget and personnel matters.',
'8 to sue and be sued in the public charter schools own name. c prohibitions and other requirements. 1 contracting',
'authority. a notice requirement. except in the case of an emergency as determined by the eligible chartering authority of a',
'public charter school , with respect to any contract proposed to be awarded by the public charter school and having',
'a value equal to or exceeding $10,000, the school shall publish a notice of a request for proposals in the',
'district of columbia register and newspapers of general circulation not less than 30 days prior to the award of the',
'contract. b submission to the authority. i deadline for submission. with respect to any contract described in subparagraph a that',
'is awarded by a public charter school, the school shall submit to the authority, not later than 3 days after',
'the date on which the award is made, all bids for the contract received by the school, the name of',
'the contractor who is awarded the contract, and the rationale for the award of the contract. ii effective date of',
'contract. i in general. subject to subclause ii , a contract described in subparagraph a shall become effective on the',
'date that is 15 days after the date the school makes the submission under clause i with respect to the',
'contract, or the effective date specified in the contract, whichever is later. ii exception. a contract described in subparagraph a',
'shall be considered null and void if the authority determines, within 12 days of the date the school makes the',
'submission under clause i with respect to the contract, that the contract endangers the economic viability of the public charter',
'school. 2 tuition. a public charter school may not charge tuition, fees, or other mandatory payments, except to nonresident students,',
'or for field trips or similar activities. 3 control. a public charter school a shall exercise exclusive control over its',
'expenditures, administration, personnel, and instructional methods, within the limitations imposed in this subtitle; and b shall be exempt from district',
'of columbia statutes, policies, rules, and regulations established for the district of columbia public schools by the superintendent, board of',
'education, mayor, district of columbia council, or authority, except as otherwise provided in the schools charter or this subtitle. 4',
'health and safety. a public charter school shall maintain the health and safety of all students attending such school. 5',
'civil rights and idea. the age discrimination act of 1975 42 u.s.c. 6101 et seq. , title vi of the',
'civil rights act of 1964 42 u.s.c. 2000d et seq. , title ix of the education amendments of 1972 20',
'u.s.c. 1681 et seq. , section 504 of the rehabilitation act of 1973 29 u.s.c. 794 , part b of',
'the individuals with disabilities education act 20 u.s.c. 1411 et seq. , and the americans with disabilities act of 1990',
'42 u.s.c. 12101 et seq. , shall apply to a public charter school. 6 governance. a public charter school shall',
'be governed by a board of trustees in a manner consistent with the charter granted to the school and the',
'provisions of this subtitle. 7 other staff. no employee of the district of columbia public schools may be required to',
'accept employment with, or be assigned to, a public charter school. 8 other students. no student enrolled in a district',
'of columbia public school may be required to attend a public charter school. 9 taxes or bonds. a public charter',
'school shall not levy taxes or issue bonds. 10 charter revision. a public charter school seeking to revise its charter',
'shall prepare a petition for approval of the revision and file the petition with the eligible chartering authority that granted',
'the charter. the provisions of section 2203 shall apply to such a petition in the same manner as such provisions',
'apply to a petition to establish a public charter school. 11 annual report. a in general. a public charter school',
'shall submit an annual report to the eligible chartering authority that approved its charter. the school shall permit a member',
'of the public to review any such report upon request. b contents. a report submitted under subparagraph a shall include',
'the following data: i a report on the extent to which the school is meeting its mission and goals as',
'stated in the petition for the charter school. ii student performance on any districtwide assessments. iii grade advancement for students',
'enrolled in the public charter school. iv graduation rates, college admission test scores, and college admission rates, if applicable. v',
'types and amounts of parental involvement. vi official student enrollment. vii average daily attendance. viii average daily membership. ix a',
'financial statement audited by an independent certified public accountant in accordance with government auditing standards for financial audits issued by',
'the comptroller general of the united states. x a report on school staff indicating the qualifications and responsibilities of such',
'staff. xi a list of all donors and grantors that have contributed monetary or in kind donations having a value',
'equal to or exceeding $500 during the year that is the subject of the report. c nonidentifying data. data described',
'in clauses i through ix of subparagraph b that are included in an annual report shall not identify the individuals',
'to whom the data pertain. 12 census. a public charter school shall provide to the board of education student enrollment',
'data necessary for the board of education to comply with section 3 of article ii of the act of february',
'4, 1925 d.c. code, sec. 31 404 relating to census of minors . 13 complaint resolution process. a public charter',
'school shall establish an informal complaint resolution process. 14 program of education. a public charter school shall provide a program',
'of education which shall include one or more of the following: a preschool. b prekindergarten. c any grade or grades',
'from kindergarten through grade 12. d residential education. e adult, community, continuing, and vocational education programs. 15 nonsectarian nature of',
'schools. a public charter school shall be nonsectarian and shall not be affiliated with a sectarian school or religious institution.',
'16 nonprofit status of school. a public charter school shall be organized under the district of columbia nonprofit corporation act',
'd.c. code, sec. 29 501 et seq. . 17 immunity from civil liability. a in general. a public charter school,',
'and its incorporators, board of trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally,',
'for any act or omission within the scope of their official duties unless the act or omission i constitutes gross',
'negligence; ii constitutes an intentional tort; or iii is criminal in nature. b common law immunity preserved. subparagraph a shall',
'not be construed to abrogate any immunity under common law of a person described in such subparagraph. sec. 2205. board',
'of trustees of a public charter school. a board of trustees. the members of a board of trustees of a',
'public charter school shall be elected or selected pursuant to the charter granted to the school. such board of trustees',
'shall have an odd number of members that does not exceed 7, of which 1 a majority shall be residents',
'of the district of columbia; and 2 at least 2 shall be parents of a student attending the school. b',
'eligibility. an individual is eligible for election or selection to the board of trustees of a public charter school if',
'the person 1 is a teacher or staff member who is employed at the school; 2 is a parent of',
'a student attending the school; or 3 meets the election or selection criteria set forth in the charter granted to',
'the school. c election or selection of parents. in the case of the first board of trustees of a public',
'charter school to be elected or selected after the date on which the school is granted a charter, the election',
'or selection of the members under subsection a 2 shall occur on the earliest practicable date after classes at the',
'school have commenced. until such date, any other members who have been elected or selected shall serve as an interim',
'board of trustees. such an interim board of trustees may exercise all of the powers, and shall be subject to',
'all of the duties, of a board of trustees. d fiduciaries. the board of trustees of a public charter school',
'shall be fiduciaries of the school and shall set overall policy for the school. the board of trustees may make',
'final decisions on matters related to the operation of the school, consistent with the charter granted to the school, this',
'subtitle, and other applicable law. sec. 2206. student admission, enrollment, and withdrawal. a open enrollment. enrollment in a public charter',
'school shall be open to all students who are residents of the district of columbia and, if space is available,',
'to nonresident students who meet the tuition requirement in subsection e . b criteria for admission. a public charter school',
'may not limit enrollment on the basis of a students race, color, religion, national origin, language spoken, intellectual or athletic',
'ability, measures of achievement or aptitude, or status as a student with special needs. a public charter school may limit',
'enrollment to specific grade levels. c random selection. if there are more applications to enroll in a public charter school',
'from students who are residents of the district of columbia than there are spaces available, students shall be admitted using',
'a random selection process. d admission to an existing school. during the 5 year period beginning on the date that',
'a petition, filed by an eligible applicant seeking to convert a district of columbia public school or a private or',
'independent school into a public charter school, is approved, the school may give priority in enrollment to 1 students enrolled',
'in the school at the time the petition is granted; 2 the siblings of students described in paragraph 1 ;',
'and 3 in the case of the conversion of a district of columbia public school, students who reside within the',
'attendance boundaries, if any, in which the school is located. e nonresident students. nonresident students shall pay tuition to attend',
'a public charter school at the applicable rate established for district of columbia public schools administered by the board of',
'education for the type of program in which the student is enrolled. f student withdrawal. a student may withdraw from',
'a public charter school at any time and, if otherwise eligible, enroll in a district of columbia public school administered',
'by the board of education. g expulsion and suspension. the principal of a public charter school may expel or suspend',
'a student from the school based on criteria set forth in the charter granted to the school. sec. 2207. employees.',
'a extended leave of absence without pay. 1 leave of absence from district of columbia public schools. the superintendent shall',
'grant, upon request, an extended leave of absence, without pay, to an employee of the district of columbia public schools',
'for the purpose of permitting the employee to accept a position at a public charter school for a 2 year',
'term. 2 request for extension. at the end of a 2 year term referred to in paragraph 1 , an',
'employee granted an extended leave of absence without pay under such paragraph may submit a request to the superintendent for',
'an extension of the leave of absence for an unlimited number of 2 year terms. the superintendent may not unreasonably',
'as determined by the eligible chartering authority withhold approval of the request. 3 rights upon termination of leave. an employee',
'granted an extended leave of absence without pay for the purpose described in paragraph 1 or 2 shall have the',
'same rights and benefits under law upon termination of such leave of absence as an employee of the district of',
'columbia public schools who is granted an extended leave of absence without pay for any other purpose. b retirement system.',
'1 creditable service. an employee of a public charter school who has received a leave of absence under subsection a',
'shall receive creditable service, as defined in section 2604 of d.c. law 2 139, effective march 3, 1979 d.c. code,',
'sec. 1 627.4 and the rules established under such section, for the period of the employees employment at the public',
'charter school. 2 authority to establish separate system. a public charter school may establish a retirement system for employees under',
'its authority. 3 election of retirement system. a former employee of the district of columbia public schools who becomes an',
'employee of a public charter school within 60 days after the date the employees employment with the district of columbia',
'public schools is terminated may, at the time the employee commences employment with the public charter school, elect a to',
'remain in a district of columbia government retirement system and continue to receive creditable service for the period of their',
'employment at a public charter school; or b to transfer into a retirement system established by the public charter school',
'pursuant to paragraph 2 . 4 prohibited employment conditions. no public charter school may require a former employee of the',
'district of columbia public schools to transfer to the public charter schools retirement system as a condition of employment. 5',
'contributions. a employees electing not to transfer. in the case of a former employee of the district of columbia public',
'schools who elects to remain in a district of columbia government retirement system pursuant to paragraph 3 a , the',
'public charter school that employs the person shall make the same contribution to such system on behalf of the person',
'as the district of columbia would have been required to make if the person had continued to be an employee',
'of the district of columbia public schools. b employees electing to transfer. in the case of a former employee of',
'the district of columbia public schools who elects to transfer into a retirement system of a public charter school pursuant',
'to paragraph 3 b , the applicable district of columbia government retirement system from which the former employee is transferring',
'shall compute the employees contribution to that system and transfer this amount, to the retirement system of the public charter',
'school. c employment status. notwithstanding any other provision of law and except as provided in this section, an employee of',
'a public charter school shall not be considered to be an employee of the district of columbia government for any',
'purpose. sec. 2208. reduced fares for public transportation. a student attending a public charter school shall be eligible for reduced',
'fares on the metrobus and metrorail transit system on the same terms and conditions as are applicable under section 2',
'of d.c. law 2 152, effective march 9, 1979 d.c. code, sec. 44 216 et seq. , to a student',
'attending a district of columbia public school. sec. 2209. district of columbia public school services to public charter schools. the',
'superintendent may provide services, such as facilities maintenance, to public charter schools. all compensation for costs of such services shall',
'be subject to negotiation and mutual agreement between a public charter school and the superintendent. sec. 2210. application of law.',
'a elementary and secondary education act of 1965. 1 treatment as local educational agency. a in general. for any fiscal',
'year, a public charter school shall be considered to be a local educational agency for purposes of part a of',
'title i of the elementary and secondary education act of 1965 20 u.s.c. 6311 et seq. , and shall be',
'eligible for assistance under such part, if the fraction the numerator of which is the number of low income students',
'enrolled in the public charter school during the fiscal year preceding the fiscal year for which the determination is made',
'and the denominator of which is the total number of students enrolled in such public charter school for such preceding',
'year, is equal to or greater than the lowest fraction determined for any district of columbia public school receiving assistance',
'under such part a where the numerator is the number of low income students enrolled in such public school for',
'such preceding year and the denominator is the total number of students enrolled in such public school for such preceding',
'year. b definition. for the purposes of this subsection, the term low income student means a student from a low',
'income family determined according to the measure adopted by the district of columbia to carry out the provisions of part',
'a of title i of the elementary and secondary education act of 1965 that is consistent with the measures described',
'in section 1113 a 5 of such act 20 u.s.c. 6313 a 5 for the fiscal year for which the',
'determination is made. 2 allocation for fiscal years 1996 through 1998. a public charter schools. for fiscal years 1996 through',
'1998, each public charter school that is eligible to receive assistance under part a of title i of the elementary',
'and secondary education act of 1965 shall receive a portion of the district of columbias total allocation under such part',
'which bears the same ratio to such total allocation as the number described in subparagraph c bears to the number',
'described in subparagraph d . b district of columbia public schools. for fiscal years 1996 through 1998, the district of',
'columbia public schools shall receive a portion of the district of columbias total allocation under part a of title i',
'of the elementary and secondary education act of 1965 which bears the same ratio to such total allocation as the',
'total of the numbers described in clauses ii and iii of subparagraph d bears to the aggregate total described in',
'subparagraph d . c number of eligible students enrolled in the public charter school. the number described in this subparagraph',
'is the number of low income students enrolled in the public charter school during the fiscal year preceding the fiscal',
'year for which the determination is made. d aggregate number of eligible students. the number described in this subparagraph is',
'the aggregate total of the following numbers: i the number of low income students who, during the fiscal year preceding',
'the fiscal year for which the determination is made, were enrolled in a public charter school. ii the number of',
'low income students who, during the fiscal year preceding the fiscal year for which the determination is made, were enrolled',
'in a district of columbia public school selected to provide services under part a of title i of the elementary',
'and secondary education act of 1965. iii the number of low income students who, during the fiscal year preceding the',
'fiscal year for which the determination is made i were enrolled in a private or independent school; and ii resided',
'in an attendance area of a district of columbia public school selected to provide services under part a of title',
'i of the elementary and secondary education act of 1965. 3 allocation for fiscal year 1999 and thereafter. a calculation',
'by secretary. notwithstanding sections 1124 a 2 , 1124a a 4 , and 1125 d of the elementary and secondary',
'education act of 1965 20 u.s.c. 6333 a 2 , 6334 a 4 , and 6335 d , for fiscal',
'year 1999 and each fiscal year thereafter, the total allocation under part a of title i of such act for',
'all local educational agencies in the district of columbia, including public charter schools that are eligible to receive assistance under',
'such part, shall be calculated by the secretary of education. in making such calculation, such secretary shall treat all such',
'local educational agencies as if such agencies were a single local educational agency for the district of columbia. b allocation.',
'i public charter schools. for fiscal year 1999 and each fiscal year thereafter, each public charter school that is eligible',
'to receive assistance under part a of title i of the elementary and secondary education act of 1965 shall receive',
'a portion of the total allocation calculated under subparagraph a which bears the same ratio to such total allocation as',
'the number described in paragraph 2 c bears to the aggregate total described in paragraph 2 d . ii district',
'of columbia public school. for fiscal year 1999 and each fiscal year thereafter, the district of columbia public schools shall',
'receive a portion of the total allocation calculated under subparagraph a which bears the same ratio to such total allocation',
'as the total of the numbers described in clauses ii and iii of paragraph 2 d bears to the aggregate',
'total described in paragraph 2 d . 4 use of esea funds. the board of education may not direct a',
'public charter school in the schools use of funds under part a of title i of the elementary and secondary',
'education act of 1965. 5 esea requirements. except as provided in paragraph 6 , a public charter school receiving funds',
'under part a of title i of the elementary and secondary education act of 1965 20 u.s.c. 6301 et seq.',
'shall comply with all requirements applicable to schools receiving such funds. 6 inapplicability of certain esea provisions. the following provisions',
'of the elementary and secondary education act of 1965 shall not apply to a public charter school: a paragraphs 5',
'and 8 of section 1112 b 20 u.s.c. 6312 b . b paragraphs 1 a , 1 b , 1',
'c , 1 d , 1 f , 1 h , and 3 of section 1112 c 20 u.s.c. 6312',
'c . c section 1113 20 u.s.c. 6313 . d section 1115a 20 u.s.c. 6316 . e subsections a ,',
'b , and c of section 1116 20 u.s.c. 6317 . f subsections d and e of section 1118 20',
'u.s.c. 6319 . g section 1120 20 u.s.c. 6321 . h subsections a and c of section 1120a 20 u.s.c.',
'6322 . i section 1126 20 u.s.c. 6337 . b property and sales taxes. a public charter school shall be',
'exempt from district of columbia property and sales taxes. c education of children with disabilities. notwithstanding any other provision of',
'this title, each public charter school shall elect to be treated as a local educational agency or a district of',
'columbia public school for the purpose of part b of the individuals with disabilities education act 20 u.s.c. 1411 et',
'seq. and section 504 of the rehabilitation act of 1973 29 u.s.c. 794 . sec. 2211. powers and duties of',
'eligible chartering authorities. a oversight. 1 in general. an eligible chartering authority a shall monitor the operations of each public',
'charter school to which the eligible chartering authority has granted a charter; b shall ensure that each such school complies',
'with applicable laws and the provisions of the charter granted to such school; and c shall monitor the progress of',
'each such school in meeting student academic achievement expectations specified in the charter granted to such school. 2 production of',
'books and records. an eligible chartering authority may require a public charter school to which the eligible chartering authority has',
'granted a charter to produce any book, record, paper, or document, if the eligible chartering authority determines that such production',
'is necessary for the eligible chartering authority to carry out its functions under this subtitle. b fees. 1 application fee.',
'an eligible chartering authority may charge an eligible applicant a fee, not to exceed $150, for processing a petition to',
'establish a public charter school. 2 administration fee. in the case of an eligible chartering authority that has granted a',
'charter to a public charter school, the eligible chartering authority may charge the school a fee, not to exceed one',
'half of one percent of the annual budget of the school, to cover the cost of undertaking the ongoing administrative',
'responsibilities of the eligible chartering authority with respect to the school that are described in this subtitle. the school shall',
'pay the fee to the eligible chartering authority not later than november 15 of each year. c immunity from civil',
'liability. 1 in general. an eligible chartering authority, the board of trustees of such an eligible chartering authority, and a',
'director, officer, employee, or volunteer of such an eligible chartering authority, shall be immune from civil liability, both personally and',
'professionally, for any act or omission within the scope of their official duties unless the act or omission a constitutes',
'gross negligence; b constitutes an intentional tort; or c is criminal in nature. 2 common law immunity preserved. paragraph 1',
'shall not be construed to abrogate any immunity under common law of a person described in such paragraph. d annual',
'report. on or before july 30 of each year, each eligible chartering authority that issues a charter under this subtitle',
'shall submit a report to the mayor, the district of columbia council, the board of education, the secretary of education,',
'the appropriate congressional committees, and the consensus commission that includes the following information: 1 a list of the members of',
'the eligible chartering authority and the addresses of such members. 2 a list of the dates and places of each',
'meeting of the eligible chartering authority during the year preceding the report. 3 the number of petitions received by the',
'eligible chartering authority for the conversion of a district of columbia public school or a private or independent school to',
'a public charter school, and for the creation of a new school as a public charter school. 4 the number',
'of petitions described in paragraph 3 that were approved and the number that were denied, as well as a summary',
'of the reasons for which such petitions were denied. 5 a description of any new charters issued by the eligible',
'chartering authority during the year preceding the report. 6 a description of any charters renewed by the eligible chartering authority',
'during the year preceding the report. 7 a description of any charters revoked by the eligible chartering authority during the',
'year preceding the report. 8 a description of any charters refused renewal by the eligible chartering authority during the year',
'preceding the report. 9 any recommendations the eligible chartering authority has concerning ways to improve the administration of public charter',
'schools. sec. 2212. charter renewal. a term. a charter granted to a public charter school shall remain in force for',
'a 5 year period, but may be renewed for an unlimited number of times, each time for a 5 year',
'period. b application for charter renewal. in the case of a public charter school that desires to renew its charter,',
'the board of trustees of the school shall file an application to renew the charter with the eligible chartering authority',
'that granted the charter not later than 120 days nor earlier than 365 days before the expiration of the charter.',
'the application shall contain the following: 1 a report on the progress of the public charter school in achieving the',
'goals, student academic achievement expectations, and other terms of the approved charter. 2 all audited financial statements for the public',
'charter school for the preceding 4 years. c approval of charter renewal application. the eligible chartering authority that granted a',
'charter shall approve an application to renew the charter that is filed in accordance with subsection b , except that',
'the eligible chartering authority shall not approve such application if the eligible chartering authority determines that 1 the school committed',
'a material violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in',
'its charter, including violations relating to the education of children with disabilities; or 2 the school failed to meet the',
'goals and student academic achievement expectations set forth in its charter. d procedures for consideration of charter renewal. 1 notice',
'of right to hearing. an eligible chartering authority that has received an application to renew a charter that is filed',
'by a board of trustees in accordance with subsection b shall provide to the board of trustees written notice of',
'the right to an informal hearing on the application. the eligible chartering authority shall provide the notice not later than',
'15 days after the date on which the eligible chartering authority received the application. 2 request for hearing. not later',
'than 15 days after the date on which a board of trustees receives a notice under paragraph 1 , the',
'board of trustees may request, in writing, an informal hearing on the application before the eligible chartering authority. 3 date',
'and time of hearing. a notice. upon receiving a timely written request for a hearing under paragraph 2 , an',
'eligible chartering authority shall set a date and time for the hearing and shall provide reasonable notice of the date',
'and time, as well as the procedures to be followed at the hearing, to the board of trustees. b deadline.',
'an informal hearing under this subsection shall take place not later than 30 days after an eligible chartering authority receives',
'a timely written request for the hearing under paragraph 2 . 4 final decision. a deadline. an eligible chartering authority',
'shall render a final decision, in writing, on an application to renew a charter i not later than 30 days',
'after the date on which the eligible chartering authority provided the written notice of the right to a hearing, in',
'the case of an application with respect to which such a hearing is not held; and ii not later than',
'30 days after the date on which the hearing is concluded, in the case of an application with respect to',
'which a hearing is held. b reasons for nonrenewal. an eligible chartering authority that denies an application to renew a',
'charter shall state in its decision the reasons for denial. 5 alternatives upon nonrenewal. if an eligible chartering authority denies',
'an application to renew a charter granted to a public charter school, the board of education may a manage the',
'school directly until alternative arrangements can be made for students at the school; or b place the school in a',
'probationary status that requires the school to take remedial actions, to be determined by the board of education, that directly',
'relate to the grounds for the denial. 6 judicial review. a availability of review. a decision by an eligible chartering',
'authority to deny an application to renew a charter shall be subject to judicial review by an appropriate court of',
'the district of columbia. b standard of review. a decision by an eligible chartering authority to deny an application to',
'renew a charter shall be upheld unless the decision is arbitrary and capricious or clearly erroneous. sec. 2213. charter revocation.',
'a charter or law violations. an eligible chartering authority that has granted a charter to a public charter school may',
'revoke the charter if the eligible chartering authority determines that the school has committed a violation of applicable laws or',
'a material violation of the conditions, terms, standards, or procedures set forth in the charter, including violations relating to the',
'education of children with disabilities. b fiscal mismanagement. an eligible chartering authority that has granted a charter to a public',
'charter school shall revoke the charter if the eligible chartering authority determines that the school 1 has engaged in a',
'pattern of nonadherence to generally accepted accounting principles; 2 has engaged in a pattern of fiscal mismanagement; or 3 is',
'no longer economically viable. c procedures for consideration of revocation. 1 notice of right to hearing. an eligible chartering authority',
'that is proposing to revoke a charter granted to a public charter school shall provide to the board of trustees',
'of the school a written notice stating the reasons for the proposed revocation. the notice shall inform the board of',
'trustees of the right of the board of trustees to an informal hearing on the proposed revocation. 2 request for',
'hearing. not later than 15 days after the date on which a board of trustees receives a notice under paragraph',
'1 , the board of trustees may request, in writing, an informal hearing on the proposed revocation before the eligible',
'chartering authority. 3 date and time of hearing. a notice. upon receiving a timely written request for a hearing under',
'paragraph 2 , an eligible chartering authority shall set a date and time for the hearing and shall provide reasonable',
'notice of the date and time, as well as the procedures to be followed at the hearing, to the board',
'of trustees. b deadline. an informal hearing under this subsection shall take place not later than 30 days after an',
'eligible chartering authority receives a timely written request for the hearing under paragraph 2 . 4 final decision. a deadline.',
'an eligible chartering authority shall render a final decision, in writing, on the revocation of a charter i not later',
'than 30 days after the date on which the eligible chartering authority provided the written notice of the right to',
'a hearing, in the case of a proposed revocation with respect to which such a hearing is not held; and',
'ii not later than 30 days after the date on which the hearing is concluded, in the case of a',
'proposed revocation with respect to which a hearing is held. b reasons for revocation. an eligible chartering authority that revokes',
'a charter shall state in its decision the reasons for the revocation. 5 alternatives upon revocation. if an eligible chartering',
'authority revokes a charter granted to a public charter school, the board of education may manage the school directly until',
'alternative arrangements can be made for students at the school. 6 judicial review. a availability of review. a decision by',
'an eligible chartering authority to revoke a charter shall be subject to judicial review by an appropriate court of the',
'district of columbia. b standard of review. a decision by an eligible chartering authority to revoke a charter shall be',
'upheld unless the decision is arbitrary and capricious or clearly erroneous. sec. 2214. public charter school board. a establishment. 1',
'in general. there is established within the district of columbia government a public charter school board in this section referred',
'to as the board . 2 membership. the secretary of education shall present the mayor a list of 15 individuals',
'the secretary determines are qualified to serve on the board. the mayor, in consultation with the district of columbia council,',
'shall appoint 7 individuals from the list to serve on the board. the secretary of education shall recommend, and the',
'mayor shall appoint, members to serve on the board so that a knowledge of each of the following areas is',
'represented on the board: a research about and experience in student learning, quality teaching, and evaluation of and accountability in',
'successful schools. b the operation of a financially sound enterprise, including leadership and management techniques, as well as the budgeting',
'and accounting skills critical to the startup of a successful enterprise. c the educational, social, and economic development needs of',
'the district of columbia. d the needs and interests of students and parents in the district of columbia, as well',
'as methods of involving parents and other members of the community in individual schools. 3 vacancies. any time there is',
'a vacancy in the membership of the board, the secretary of education shall present the mayor a list of 3',
'individuals the secretary determines are qualified to serve on the board. the mayor, in consultation with the district of columbia',
'council, shall appoint 1 individual from the list to serve on the board. the secretary shall recommend and the mayor',
'shall appoint, such member of the board taking into consideration the criteria described in paragraph 2 . any member appointed',
'to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for',
'the remainder of the term. 4 time limit for appointments. if, at any time, the mayor does not appoint members',
'to the board sufficient to bring the boards membership to 7 within 30 days of receiving a recommendation from the',
'secretary of education under paragraph 2 or 3 , the secretary shall make such appointments as are necessary to bring',
'the membership of the board to 7. 5 terms of members. a in general. members of the board shall serve',
'for terms of 4 years, except that, of the initial appointments made under paragraph 2 , the mayor shall designate',
'i 2 members to serve terms of 3 years; ii 2 members to serve terms of 2 years; and iii',
'1 member to serve a term of 1 year. b reappointment. members of the board shall be eligible to be',
'reappointed for one 4 year term beyond their initial term of appointment. 6 independence. no person employed by the district',
'of columbia public schools or a public charter school shall be eligible to be a member of the board or',
'to be employed by the board. b operations of the board. 1 chair. the members of the board shall elect',
'from among their membership 1 individual to serve as chair. such election shall be held each year after members of',
'the board have been appointed to fill any vacancies caused by the regular expiration of previous members terms, or when',
'requested by a majority vote of the members of the board. 2 quorum. a majority of the members of the',
'board, not including any positions that may be vacant, shall constitute a quorum sufficient for conducting the business of the',
'board. 3 meetings. the board shall meet at the call of the chair, subject to the hearing requirements of sections',
'2203, 2212 d 3 , and 2213 c 3 . c no compensation for service. members of the board shall',
'serve without pay, but may receive reimbursement for any reasonable and necessary expenses incurred by reason of service on the',
'board. d personnel and resources. 1 in general. subject to such rules as may be made by the board, the',
'chair shall have the power to appoint, terminate, and fix the pay of an executive director and such other personnel',
'of the board as the chair considers necessary, but no individual so appointed shall be paid in excess of the',
'rate payable for level eg 16 of the educational service of the district of columbia. 2 special rule. the board',
'is authorized to use the services, personnel, and facilities of the district of columbia. e expenses of board. any expenses',
'of the board shall be paid from such funds as may be available to the mayor: provided, that within 45',
'days of the enactment of this act the mayor shall make available not less than $130,000 to the board. f',
'audit. the board shall provide for an audit of the financial statements of the board by an independent certified public',
'accountant in accordance with government auditing standards for financial audits issued by the comptroller general of the united states. g',
'authorization of appropriations. for the purpose of carrying out the provisions of this section and conducting the boards functions required',
'by this subtitle, there are authorized to be appropriated $300,000 for fiscal year 1997 and such sums as may be',
'necessary for each of the 3 succeeding fiscal years. sec. 2215. federal entities. a in general. the following federal agencies',
'and federally established entities are encouraged to explore whether it is feasible for the agency or entity to establish one',
'or more public charter schools: 1 the library of congress. 2 the national aeronautics and space administration. 3 the drug',
'enforcement administration. 4 the national science foundation. 5 the department of justice. 6 the department of defense. 7 the department',
'of education. 8 the smithsonian institution, including the national zoological park, the national museum of american history, the john f.',
'kennedy center for the performing arts, and the national gallery of art. b report. not later than 120 days after',
'date of enactment of this act, any agency or institution described in subsection a that has explored the feasibility of',
'establishing a public charter school shall report its determination on the feasibility to the appropriate congressional committees. subtitle c world',
'class schools task force, core curriculum, content standards, assessments, and promotion gates part 1 world class schools task force, core',
'curriculum, content standards, and assessments sec. 2311. grant authorized and recommendation required. a grant authorized. 1 in general. the superintendent',
'is authorized to award a grant to a world class schools task force to enable such task force to make',
'the recommendation described in subsection b . 2 definition. for the purpose of this subtitle, the term world class schools',
'task force means 1 nonprofit organization located in the district of columbia that a has a national reputation for advocating',
'content standards; b has a national reputation for advocating a strong liberal arts curriculum; c has experience with at least',
'4 urban school districts for the purpose of establishing content standards; d has developed and managed professional development programs in',
'science, mathematics, the humanities and the arts; and e is governed by an independent board of directors composed of citizens',
'with a variety of experiences in education and public policy. b recommendation required. 1 in general. the world class schools',
'task force shall recommend to the superintendent, the board of education, and the district of columbia goals panel the following:',
'a content standards in the core academic subjects that are developed by working with the district of columbia community, which',
'standards shall be developed not later than 12 months after the date of enactment of this act. b a core',
'curriculum developed by working with the district of columbia community, which curriculum shall include the teaching of computer skills. c',
'districtwide assessments for measuring student achievement in accordance with content standards developed under subparagraph a . such assessments shall be',
'developed at several grade levels, including at a minimum, the grade levels with respect to which the superintendent establishes promotion',
'gates under section 2321. to the extent feasible, such assessments shall, at a minimum, be designed to provide information that',
'permits comparisons between i individual district of columbia public schools and public charter schools; and ii individual students attending such',
'schools. d model professional development programs for teachers using the standards and curriculum developed under subparagraphs a and b .',
'2 special rule. the world class schools task force is encouraged, to the extent practicable, to develop districtwide assessments described',
'in paragraph 1 c that permit comparisons among a individual district of columbia public schools and public charter schools, and',
'individual students attending such schools; and b students of other nations. c content. the content standards and assessments recommended under',
'subsection b shall be judged by the world class schools task force to be world class, including having a level',
'of quality and rigor, or being analogous to content standards and assessments of other states or nations including nations whose',
'students historically score high on international studies of student achievement . d submission to board of education for adoption. if',
'the content standards, curriculum, assessments, and programs recommended under subsection b are approved by the superintendent, the superintendent may submit',
'such content standards, curriculum, assessments, and programs to the board of education for adoption. sec. 2312. consultation. the world class',
'schools task force shall conduct its duties under this part in consultation with 1 the district of columbia goals panel;',
'2 officials of the district of columbia public schools who have been identified by the superintendent as having responsibilities relevant',
'to this part, including the deputy superintendent for curriculum; 3 the district of columbia community, with particular attention given to',
'educators, and parent and business organizations; and 4 any other persons or groups that the task force deems appropriate. sec.',
'2313. administrative provisions. the world class schools task force shall ensure public access to its proceedings other than proceedings, or',
'portions of proceedings, relating to internal personnel and management matters that are relevant to its duties under this part and',
'shall make available to the public, at reasonable cost, transcripts of such proceedings. sec. 2314. consultants. upon the request of',
'the world class schools task force, the head of any department or agency of the federal government may detail any',
'of the personnel of such agency to such task force to assist such task force in carrying out such task',
'forces duties under this part. sec. 2315. authorization of appropriations. there are authorized to be appropriated $2,000,000 for fiscal year',
'1997 to carry out this part. such funds shall remain available until expended. part 2 promotion gates sec. 2321. promotion',
'gates. a kindergarten through 4th grade. not later than one year after the date of adoption in accordance with section',
'2311 d of the assessments described in section 2311 b 1 c , the superintendent shall establish and implement promotion',
'gates for mathematics, reading, and writing, for not less than one grade level from kindergarten through grade 4, including at',
'least grade 4, and shall establish dates for establishing such other promotion gates for other subject areas. b 5th through',
'8th grades. not later than one year after the adoption in accordance with section 2311 d of the assessments described',
'in section 2311 b 1 c , the superintendent shall establish and implement promotion gates with respect to not less',
'than one grade level from grade 5 through grade 8, including at least grade 8. c 9th through 12th grades.',
'not later than one year after the adoption in accordance with section 2311 d of the assessments described in section',
'2311 b 1 c , the superintendent shall establish and implement promotion gates with respect to not less than one',
'grade level from grade 9 through grade 12, including at least grade 12. subtitle d per capita district of columbia',
'public school and public charter school funding sec. 2401. annual budgets for schools. a in general. for fiscal year 1997',
'and for each subsequent fiscal year, the mayor shall make annual payments from the general fund of the district of',
'columbia in accordance with the formula established under subsection b . b formula. 1 in general. the mayor and the',
'district of columbia council, in consultation with the board of education and the superintendent, shall establish not later than 90',
'days after enactment of this act, a formula to determine the amount of a the annual payment to the board',
'of education for the operating expenses of the district of columbia public schools, which for purposes of this paragraph includes',
'the operating expenses of the board of education and the office of the superintendent; and b the annual payment to',
'each public charter school for the operating expenses of each public charter school. 2 formula calculation. except as provided in',
'paragraph 3 , the amount of the annual payment under paragraph 1 shall be calculated by multiplying a uniform dollar',
'amount used in the formula established under such paragraph by a the number of students calculated under section 2402 that',
'are enrolled at district of columbia public schools, in the case of the payment under paragraph 1 a ; or',
'b the number of students calculated under section 2402 that are enrolled at each public charter school, in the case',
'of a payment under paragraph 1 b . 3 exceptions. a formula. notwithstanding paragraph 2 , the mayor and the',
'district of columbia council, in consultation with the board of education and the superintendent, may adjust the formula to increase',
'or decrease the amount of the annual payment to the district of columbia public schools or each public charter school',
'based on a calculation of i the number of students served by such schools in certain grade levels; and ii',
'the cost of educating students at such certain grade levels. b payment. notwithstanding paragraph 2 , the mayor and the',
'district of columbia council, in consultation with the board of education and the superintendent, may adjust the amount of the',
'annual payment under paragraph 1 to increase the amount of such payment if a district of columbia public school or',
'a public charter school serves a high number of students i with special needs; or ii who do not meet',
'minimum literacy standards. sec. 2402. calculation of number of students. a school reporting requirement. 1 in general. not later than',
'september 15, 1996, and not later than september 15 of each year thereafter, each district of columbia public school and',
'public charter school shall submit a report to the mayor and the board of education containing the information described in',
'subsection b that is applicable to such school. 2 special rule. not later than april 1, 1997, and not later',
'than april 1 of each year thereafter, each public charter school shall submit a report in the same form and',
'manner as described in paragraph 1 to ensure accurate payment under section 2403 a 2 b ii . b calculation',
'of number of students. not later than 30 days after the date of the enactment of this act, and not',
'later than october 15 of each year thereafter, the board of education shall calculate the following: 1 the number of',
'students, including nonresident students and students with special needs, enrolled in each grade from kindergarten through grade 12 of the',
'district of columbia public schools and in public charter schools, and the number of students whose tuition for enrollment in',
'other schools is paid for with funds available to the district of columbia public schools. 2 the amount of fees',
'and tuition assessed and collected from the nonresident students described in paragraph 1 . 3 the number of students, including',
'nonresident students, enrolled in preschool and prekindergarten in the district of columbia public schools and in public charter schools. 4',
'the amount of fees and tuition assessed and collected from the nonresident students described in paragraph 3 . 5 the',
'number of full time equivalent adult students enrolled in adult, community, continuing, and vocational education programs in the district of',
'columbia public schools and in public charter schools. 6 the amount of fees and tuition assessed and collected from resident',
'and nonresident adult students described in paragraph 5 . 7 the number of students, including nonresident students, enrolled in nongrade',
'level programs in district of columbia public schools and in public charter schools. 8 the amount of fees and tuition',
'assessed and collected from nonresident students described in paragraph 7 . c annual reports. not later than 30 days after',
'the date of the enactment of this act, and not later than october 15 of each year thereafter, the board',
'of education shall prepare and submit to the authority, the mayor, the district of columbia council, the consensus commission, the',
'comptroller general of the united states, and the appropriate congressional committees a report containing a summary of the most recent',
'calculations made under subsection b . d audit of initial calculations. 1 in general. the board of education shall arrange',
'with the authority to provide for the conduct of an independent audit of the initial calculations described in subsection b',
'. 2 conduct of audit. in conducting the audit, the independent auditor a shall provide an opinion as to the',
'accuracy of the information contained in the report described in subsection c ; and b shall identify any material weaknesses',
'in the systems, procedures, or methodology used by the board of education i in determining the number of students, including',
'nonresident students, enrolled in the district of columbia public schools and in public charter schools, and the number of students',
'whose tuition for enrollment in other school systems is paid for by funds available to the district of columbia public',
'schools; and ii in assessing and collecting fees and tuition from nonresident students. 3 submission of audit. not later than',
'45 days, or as soon thereafter as is practicable, after the date on which the authority receives the initial annual',
'report from the board of education under subsection c , the authority shall submit to the board of education, the',
'mayor, the district of columbia council, and the appropriate congressional committees, the audit conducted under this subsection. 4 cost of',
'the audit. the board of education shall reimburse the authority for the cost of the independent audit, solely from amounts',
'appropriated to the board of education for staff, stipends, and other than personal services of the board of education by',
'an act making appropriations for the district of columbia. sec. 2403. payments. a in general. 1 escrow for public charter',
'schools. except as provided in subsection b , for any fiscal year, not later than 10 days after the date',
'of enactment of an act making appropriations for the district of columbia for such fiscal year, the mayor shall place',
'in escrow an amount equal to the aggregate of the amounts determined under section 2401 b 1 b for use',
'only by district of columbia public charter schools. 2 transfer of escrow funds. a initial payment. not later than october',
'15, 1996, and not later than october 15 of each year thereafter, the mayor shall transfer, by electronic funds transfer,',
'an amount equal to 75 percent of the amount of the annual payment for each public charter school determined by',
'using the formula established pursuant to section 2401 b to a bank designated by such school. b final payment. i',
'except as provided in clause ii , not later than may 1, 1997, and not later than may 1 of',
'each year thereafter, the mayor shall transfer the remainder of the annual payment for a public charter school in the',
'same manner as the initial payment was made under subparagraph a . ii not later than march 15, 1997, and',
'not later than march 15 of each year thereafter, if the enrollment number of a public charter school has changed',
'from the number reported to the mayor and the board of education, as required under section 2402 a , the',
'mayor shall increase the payment in an amount equal to 50 percent of the amount provided for each student who',
'has enrolled in such school in excess of such enrollment number, or shall reduce the payment in an amount equal',
'to 50 percent of the amount provided for each student who has withdrawn or dropped out of such school below',
'such enrollment number. c pro rata reduction or increase in payments. i pro rata reduction. if the funds made available',
'to the district of columbia government for the district of columbia public school system and each public charter school for',
'any fiscal year are insufficient to pay the full amount that such system and each public charter school is eligible',
'to receive under this subtitle for such year, the mayor shall ratably reduce such amounts for such year on the',
'basis of the formula described in section 2401 b . ii increase. if additional funds become available for making payments',
'under this subtitle for such fiscal year, amounts that were reduced under subparagraph a shall be increased on the same',
'basis as such amounts were reduced. d unexpended funds. any funds that remain in the escrow account for public charter',
'schools on september 30 of a fiscal year shall revert to the general fund of the district of columbia. b',
'exception for new schools. 1 authorization. there are authorized to be appropriated $200,000 for each fiscal year to carry out',
'this subsection. 2 disbursement to mayor. the secretary of the treasury shall make available and disburse to the mayor, not',
'later than august 1 of each of the fiscal years 1996 through 2000, such funds as have been appropriated under',
'paragraph 1 . 3 escrow. the mayor shall place in escrow, for use by public charter schools, any sum disbursed',
'under paragraph 2 and not paid under paragraph 4 . 4 payments to schools. the mayor shall pay to public',
'charter schools described in paragraph 5 , in accordance with this subsection, any sum disbursed under paragraph 2 . 5',
'schools described. the schools referred to in paragraph 4 are public charter schools that a did not operate as public',
'charter schools during any portion of the fiscal year preceding the fiscal year for which funds are authorized to be',
'appropriated under paragraph 1 ; and b operated as public charter schools during the fiscal year for which funds are',
'authorized to be appropriated under paragraph 1 . 6 formula. a 1996. the amount of the payment to a public',
'charter school described in paragraph 5 that begins operation in fiscal year 1996 shall be calculated by multiplying $6,300 by',
'\1/12\ of the total anticipated enrollment as set forth in the petition to establish the public charter school; and b',
'1997 through 2000. the amount of the payment to a public charter school described in paragraph 5 that begins operation',
'in any of fiscal years 1997 through 2000 shall be calculated by multiplying the uniform dollar amount used in the',
'formula established under section 2401 b by \1/12\ of the total anticipated enrollment as set forth in the petition to',
'establish the public charter school. 7 payment to schools. a transfer. on september 1 of each of the years 1996',
'through 2000, the mayor shall transfer, by electronic funds transfer, the amount determined under paragraph 6 for each public charter',
'school from the escrow account established under subsection a to a bank designated by each such school. b pro rata',
'and remaining funds. subparagraphs c and d of subsection a 2 shall apply to payments made under this subsection, except',
'that for purposes of this subparagraph references to district of columbia public schools in such subparagraphs c and d shall',
'be read to refer to public charter schools. subtitle e school facilities repair and improvement sec. 2550. definitions. for purposes',
'of this subtitle 1 the term facilities means buildings, structures, and real property of the district of columbia public schools,',
'except that such term does not include any administrative office building that is not located in a building containing classrooms;',
'and 2 the term repair and improvement includes administration, construction, and renovation. part 1 school facilities sec. 2551. technical assistance.',
'a in general. not later than 90 days after the date of enactment of this act the administrator of the',
'general services administration shall enter into a memorandum of agreement or understanding referred to in this subtitle as the agreement',
'with the superintendent regarding the terms under which the administrator will provide technical assistance and related services with respect to',
'district of columbia public schools facilities management in accordance with this section. b technical assistance and related services. the technical',
'assistance and related services described in subsection a shall include 1 the administrator consulting with and advising district of columbia',
'public school personnel responsible for public schools facilities management, including repair and improvement with respect to facilities management of such',
'schools; 2 the administrator assisting the superintendent in developing a systemic and comprehensive facilities revitalization program, for the repair and',
'improvement of district of columbia public school facilities, which program shall a include a list of facilities to be repaired',
'and improved in a recommended order of priority; b provide the repair and improvement required to support modern technology; and',
'c take into account the preliminary facilities master plan 2005 prepared by the superintendents task force on education infrastructure for',
'the 21st century ; 3 the method by which the superintendent will accept donations of private goods and services for',
'use by the district of columbia public schools without regard to any law or regulation of the district of columbia;',
'4 the administrator recommending specific repair and improvement projects in district of columbia public school facilities to the superintendent that',
'are appropriate for completion by members and units of the national guard and the reserves in accordance with the program',
'developed under paragraph 2 ; 5 upon the request of the superintendent, the administrator assisting the appropriate district of columbia',
'public school officials in the preparation of an action plan for the performance of any repair and improvement recommended in',
'the program developed under paragraph 2 , which action plan shall detail the technical assistance and related services the administrator',
'proposes to provide in the accomplishment of the repair and improvement; 6 upon the request of the superintendent, and if',
'consistent with the efficient use of resources as determined by the administrator, the coordination of the accomplishment of any repair',
'and improvement in accordance with the action plan prepared under paragraph 5 , except that in carrying out this paragraph,',
'the administrator shall not be subject to the requirements of title iii of the federal property and administrative services act',
'of 1949 40 u.s.c. 471 et seq., and 41 u.s.c. 251 et seq. , the office of federal procurement policy',
'act 41 u.s.c. 401 et seq. , nor shall such action plan be subject to review under the bid protest',
'procedures described in sections 3551 through 3556 of title 31, united states code, or the contract disputes act of 1978',
'41 u.s.c. 601 et seq. ; 7 providing access for the administrator to all district of columbia public school facilities',
'as well as permitting the administrator to request and obtain any record or document regarding such facilities as the administrator',
'determines necessary, except that any such record or document shall not become a record as defined in section 552a of',
'title 5, united states code of the general services administration; and 8 the administrator making recommendations regarding how district of',
'columbia public school facilities may be used by the district of columbia community for multiple purposes. c agreement provisions. the',
'agreement shall include 1 the procedures by which the superintendent and administrator will consult with respect to carrying out this',
'section, including reasonable time frames for such consultation; 2 the scope of the technical assistance and related services to be',
'provided by the general services administration in accordance with this section; 3 assurances by the administrator and the superintendent to',
'cooperate with each other in any way necessary to ensure implementation of the agreement, including assurances that funds available to',
'the district of columbia shall be used to pay the obligations of the district of columbia public school system that',
'are incurred as a result of actions taken under, or in furtherance of, the agreement, in addition to funds available',
'to the administrator for purposes of this section; and 4 the duration of the agreement, except that in no event',
'shall the agreement remain in effect later than the day that is 24 months after the date that the agreement',
'is signed, or the day that the agency designated pursuant to section 2552 a 2 assumes responsibility for the district',
'of columbia public school facilities, whichever day is earlier. d limitation on administrators liability. no claim, suit, or action may',
'be brought against the administrator in connection with the discharge of the administrators responsibilities under this subtitle. e special rule.',
'notwithstanding any other provision of law, the administrator is authorized to accept and use a conditioned gift made for the',
'express purpose of repairing or improving a district of columbia public school, except that the administrator shall not be required',
'to carry out any repair or improvement under this section unless the administrator accepts a donation of private goods or',
'services sufficient to cover the costs of such repair or improvement. f effective date. this subtitle shall cease to be',
'effective on the earlier day specified in subsection c 4 . sec. 2552. facilities revitalization program. a program. not later',
'than 12 months after the date of enactment of this act, the mayor and the district of columbia council in',
'consultation with the administrator, the authority, the board of education, and the superintendent, shall 1 design and implement a comprehensive',
'long term program for the repair and improvement, and maintenance and management, of the district of columbia public school facilities,',
'which program shall incorporate the work completed in accordance with the program described in section 2551 b 2 ; and',
'2 designate a new or existing agency or authority within the district of columbia government to administer such program. b',
'proceeds. such program shall include 1 identifying short term funding for capital and maintenance of facilities, which may include retaining',
'proceeds from the sale or lease of a district of columbia public school facility; and 2 identifying and designating long',
'term funding for capital and maintenance of facilities. c implementation. upon implementation of such program, the agency or authority created',
'or designated pursuant to subsection a 2 shall assume authority and responsibility for the repair and improvement, and maintenance and',
'management, of district of columbia public schools. part 2 waivers sec. 2561. waivers. a in general. 1 requirements waived. subject',
'to subsection b , all district of columbia fees and all requirements contained in the document entitled district of columbia',
'public schools standard contract provisions as such document was in effect on november 2, 1995 and including any revisions or',
'modifications to such document published by the district of columbia public schools for use with construction or maintenance projects, are',
'waived, for purposes of repair and improvement of district of columbia public schools facilities for a period beginning on the',
'date of enactment of this act and ending 24 months after such date. 2 donations. any individual may volunteer his',
'or her services or may donate materials to a district of columbia public school facility for the repair and improvement',
'of such facility provided that the provision of voluntary services meets the requirements of 29 u.s.c. 203 e 4 .',
'b limitation. a waiver under subsection a shall not apply to requirements under 40 u.s.c. 276a 276a 7. part 3',
'gifts, donations, bequests, and devises sec. 2571. gifts, donations, bequests, and devises. a in general. a district of columbia public',
'school or a public charter school may accept directly from any person a gift, donation, bequest, or devise of any',
'property, real or personal, without regard to any law or regulation of the district of columbia. b tax laws. for',
'the purposes of the income tax, gift tax, and estate tax laws of the federal government, any money or other',
'property given, donated, bequeathed, or devised to a district of columbia public school or a public charter school, shall be',
'deemed to have been given, donated, bequeathed, or devised to or for the use of the district of columbia. subtitle',
'f partnerships with business sec. 2601. purpose. the purpose of this subtitle is 1 to leverage private sector funds utilizing',
'initial federal investments in order to provide students and teachers within the district of columbia public schools and public charter',
'schools with access to state of the art educational technology; 2 to establish a regional job training and employment center;',
'3 to strengthen workforce preparation initiatives for students within the district of columbia public schools and public charter schools; 4',
'to coordinate private sector investments in carrying out this title; and 5 to assist the superintendent with the development of',
'individual career paths in accordance with the long term reform plan. sec. 2602. duties of the superintendent of the district',
'of columbia public schools. the superintendent is authorized to provide a grant to a private, nonprofit corporation that meets the',
'eligibility criteria under section 2603 for the purposes of carrying out the duties under sections 2604 and 2607. sec. 2603.',
'eligibility criteria for private, nonprofit corporation. a private, nonprofit corporation shall be eligible to receive a grant under section 2602',
'if the corporation is a national business organization incorporated in the district of columbia, that 1 has a board of',
'directors which includes members who are also chief executive officers of technology related corporations involved in education and workforce development',
'issues; 2 has extensive practical experience with initiatives that link business resources and expertise with education and training systems; 3',
'has experience in working with state and local educational agencies throughout the united states with respect to the integration of',
'academic studies with workforce preparation programs; and 4 has a nationwide structure through which additional resources can be leveraged and',
'innovative practices disseminated. sec. 2604. duties of the private, nonprofit corporation. a district education and learning technologies advancement council. 1',
'establishment the private, nonprofit corporation shall establish a council to be known as the district education and learning technologies advancement',
'council in this subtitle referred to as the council . 2 membership. a in general. the private, nonprofit corporation shall',
'appoint members to the council. an individual shall be appointed as a member to the council on the basis of',
'the commitment of the individual, or the entity which the individual is representing, to providing time, energy, and resources to',
'the council. b compensation. members of the council shall serve without compensation. 3 duties. the council a shall advise the',
'private, nonprofit corporation with respect to the duties of the corporation under subsections b through d of this section; and',
'b shall assist the corporation in leveraging private sector resources for the purpose of carrying out such duties. b access',
'to state of the art educational technology. 1 in general the private, nonprofit corporation, in conjunction with the superintendent, students,',
'parents, and teachers, shall establish and implement strategies to ensure access to state of the art educational technology within the',
'district of columbia public schools and public charter schools. 2 electronic data transfer system. the private, nonprofit corporation shall assist',
'the superintendent in acquiring the necessary equipment, including computer hardware and software, to establish an electronic data transfer system. the',
'private, nonprofit corporation shall also assist in arranging for training of district of columbia public school employees in using such',
'equipment. 3 technology assessment. a in general. in establishing and implementing the strategies under paragraph 1 , the private, nonprofit',
'corporation, not later than september 1, 1996, shall provide for an assessment of the availability, on the date of enactment',
'of this act, of state of the art educational technology within the district of columbia public schools and public charter',
'schools. b conduct of assessment. in providing for the assessment under subparagraph a , the private, nonprofit corporation i shall',
'provide for onsite inspections of the state of the art educational technology within a minimum sampling of district of columbia',
'public schools and public charter schools; and ii shall ensure proper input from students, parents, teachers, and other school officials',
'through the use of focus groups and other appropriate mechanisms. c results of assessment. the private, nonprofit corporation shall ensure',
'that the assessment carried out under this paragraph provides, at a minimum, necessary information on state of the art educational',
'technology within the district of columbia public schools and public charter schools, including i the extent to which typical district',
'of columbia public schools have access to such state of the art educational technology and training for such technology; ii',
'how such schools are using such technology; iii the need for additional technology and the need for infrastructure for the',
'implementation of such additional technology; iv the need for computer hardware, software, training, and funding for such additional technology or',
'infrastructure; and v the potential for computer linkages among district of columbia public schools and public charter schools. 4 short',
'term technology plan. a in general. based upon the results of the technology assessment under paragraph 3 , the private,',
'nonprofit corporation shall develop a 3 year plan that includes goals, priorities, and strategies for obtaining the resources necessary to',
'implement strategies to ensure access to state of the art educational technology within the district of columbia public schools and',
'public charter schools. b implementation. the private, nonprofit corporation, in conjunction with schools, students, parents, and teachers, shall implement the',
'plan developed under subparagraph a . 5 long term technology plan. prior to the completion of the implementation of the',
'short term technology plan under paragraph 4 , the private, nonprofit corporation shall develop a plan under which the corporation',
'will continue to coordinate the donation of private sector resources for maintaining the continuous improvement and upgrading of state of',
'the art educational technology within the district of columbia public schools and public charter schools. c district employment and learning',
'center. 1 establishment. the private, nonprofit corporation shall establish a center to be known as the district employment and learning',
'center in this subtitle referred to as the center , which shall serve as a regional institute providing job training',
'and employment assistance. 2 duties. a job training and employment assistance program. the center shall establish a program to provide',
'job training and employment assistance in the district of columbia and shall coordinate with career preparation programs in existence on',
'the date of enactment of this act, such as vocational education, school to work, and career academies in the district',
'of columbia public schools. b conduct of program. in carrying out the program established under subparagraph a , the center',
'i shall provide job training and employment assistance to youths who have attained the age of 18 but have not',
'attained the age of 26, who are residents of the district of columbia, and who are in need of such',
'job training and employment assistance for an appropriate period not to exceed 2 years; ii shall work to establish partnerships',
'and enter into agreements with appropriate agencies of the district of columbia government to serve individuals participating in appropriate federal',
'programs, including programs under the job training partnership act 29 u.s.c. 1501 et seq. , the job opportunities and basic',
'skills training program under part f of title iv of the social security act 42 u.s.c. 681 et seq. ,',
'the carl d. perkins vocational and applied technology education act 20 u.s.c. 2301 et seq. , and the school to',
'work opportunities act of 1994 20 u.s.c. 6101 et seq. ; iii shall conduct such job training, as appropriate, through',
'a consortium of colleges, universities, community colleges, businesses, and other appropriate providers, in the district of columbia metropolitan area; iv',
'shall design modular training programs that allow students to enter and leave the training curricula depending on their opportunities for',
'job assignments with employers; and v shall utilize resources from businesses to enhance work based learning opportunities and facilitate access',
'by students to work based learning and work experience through temporary work assignments with employers in the district of columbia',
'metropolitan area. c compensation. the center may provide compensation to youths participating in the program under this paragraph for part',
'time work assigned in conjunction with training. such compensation may include need based payments and reimbursement of expenses. d workforce',
'preparation initiatives. 1 in general. the private, nonprofit corporation shall establish initiatives with the district of columbia public schools, and',
'public charter schools, appropriate governmental agencies, and businesses and other private entities, to facilitate the integration of rigorous academic studies',
'with workforce preparation programs in district of columbia public schools and public charter schools. 2 conduct of initiatives. in carrying',
'out the initiatives under paragraph 1 , the private, nonprofit corporation shall, at a minimum, actively develop, expand, and promote',
'the following programs: a career academy programs in secondary schools, as such programs are established in certain district of columbia',
'public schools, which provide a school within a school concept, focusing on career preparation and the integration of the academy',
'programs with vocational and technical curriculum. b programs carried out in the district of columbia that are funded under the',
'school to work opportunities act of 1994 20 u.s.c. 6101 et seq. . sec. 2605. matching funds. the private, nonprofit',
'corporation, to the extent practicable, shall provide matching funds, or in kind contributions, or a combination thereof, for the purpose',
'of carrying out the duties of the corporation under section 2604, as follows: 1 for fiscal year 1997, the nonprofit',
'corporation shall provide matching funds or in kind contributions of $1 for every $1 of federal funds provided under this',
'subtitle for such year for activities under section 2604. 2 for fiscal year 1998, the nonprofit corporation shall provide matching',
'funds or in kind contributions of $3 for every $1 of federal funds provided under this subtitle for such year',
'for activities under section 2604. 3 for fiscal year 1999, the nonprofit corporation shall provide matching funds or in kind',
'contributions of $5 for every $1 of federal funds provided under this subtitle for such year for activities under section',
'2604. sec. 2606. report. the private, nonprofit corporation shall prepare and submit to the appropriate congressional committees on a quarterly',
'basis, or, with respect to fiscal year 1997, on a semiannual basis, a report which shall contain 1 the activities',
'the corporation has carried out, including the duties of the corporation described in section 2604, for the 3 month period',
'ending on the date of the submission of the report, or, with respect to fiscal year 1997, the 6 month',
'period ending on the date of the submission of the report; 2 an assessment of the use of funds or',
'other resources donated to the corporation; 3 the results of the assessment carried out under section 2604 b 3 ;',
'and 4 a description of the goals and priorities of the corporation for the 3 month period beginning on the',
'date of the submission of the report, or, with respect to fiscal year 1997, the 6 month period beginning on',
'the date of the submission of the report. sec. 2607. jobs for d.c. graduates program. a in general. the nonprofit',
'corporation shall establish a program, to be known as the jobs for d.c. graduates program, to assist district of columbia',
'public schools and public charter schools in organizing and implementing a school to work transition system, which system shall give',
'priority to providing assistance to at risk youths and disadvantaged youths. b conduct of program. in carrying out the program',
'established under subsection a , the nonprofit corporation, consistent with the policies of the nationally recognized jobs for americas graduates,',
'inc., shall 1 establish performance standards for such program; 2 provide ongoing enhancement and improvements in such program; 3 provide',
'research and reports on the results of such program; and 4 provide preservice and inservice training. sec. 2608. authorization of',
'appropriations. a authorization. 1 delta council; access to state of the art educational technology; and workforce preparation initiatives. there are',
'authorized to be appropriated to carry out subsections a , b , and d of section 2604, $1,000,000 for each',
'of the fiscal years 1997, 1998, and 1999. 2 deal center. there are authorized to be appropriated to carry out',
'section 2604 c , $2,000,000 for each of the fiscal years 1997, 1998, and 1999. 3 jobs for d.c. graduates',
'program. there are authorized to be appropriated to carry out section 2607 a $2,000,000 for fiscal year 1997; and b',
'$3,000,000 for each of the fiscal years 1998 through 2001. b availability. amounts authorized to be appropriated under subsection a',
'are authorized to remain available until expended. sec. 2609. termination of federal support; sense of the congress relating to continuation',
'of activities. a termination of federal support. the authority under this subtitle to provide assistance to the private, nonprofit corporation',
'or any other entity established pursuant to this subtitle shall terminate on october 1, 1999. b sense of the congress',
'relating to continuation of activities. it is the sense of the congress that 1 the activities of the private, nonprofit',
'corporation under section 2604 should continue to be carried out after october 1, 1999, with resources made available from the',
'private sector; and 2 the corporation should provide oversight and coordination for such activities after such date. subtitle g management',
'and fiscal accountability; preservation of school based resources sec. 2751. management support systems. a food services and security services. notwithstanding',
'any other law, rule, or regulation, the board of education shall enter into a contract for academic year 1995 1996',
'and each succeeding academic year, for the provision of all food services operations and security services for the district of',
'columbia public schools, unless the superintendent determines that it is not feasible and provides the superintendents reasons in writing to',
'the board of education and the authority. b development of new management and data systems. notwithstanding any other law, rule,',
'or regulation, the board of education shall, in academic year 1995 1996, consult with the authority on the development of',
'new management and data systems, as well as training of personnel to use and manage the systems in areas of',
'budget, finance, personnel and human resources, management information services, procurement, supply management, and other systems recommended by the authority. such',
'plans shall be consistent with, and contemporaneous to, the district of columbia governments development and implementation of a replacement for',
'the financial management system for the district of columbia government in use on the date of enactment of this act.',
'sec. 2752. access to fiscal and staffing data. a in general. the budget, financial accounting, personnel, payroll, procurement, and management',
'information systems of the district of columbia public schools shall be coordinated and interface with related systems of the district',
'of columbia government. b access. the board of education shall provide read only access to its internal financial management systems',
'and all other data bases to designated staff of the mayor, the council, the authority, and appropriate congressional committees. sec.',
'2753. development of fiscal year 1997 budget request. a in general. the board of education shall develop its fiscal year',
'1997 gross operating budget and its fiscal year 1997 appropriated funds budget request in accordance with this section. b fiscal',
'year 1996 budget revision. not later than 60 days after enactment of this act, the board of education shall develop,',
'approve, and submit to the mayor, the district of columbia council, the authority, and appropriate congressional committees, a revised fiscal',
'year 1996 gross operating budget that reflects the amount appropriated in the district of columbia appropriations act, 1996, and which',
'1 is broken out on the basis of appropriated funds and nonappropriated funds, control center, responsibility center, agency reporting code,',
'object class, and object; and 2 indicates by position title, grade, and agency reporting code, all staff allocated to each',
'district of columbia public school as of october 15, 1995, and indicates on an object class basis all other than',
'personal services financial resources allocated to each school. c zero base budget. for fiscal year 1997, the board of education',
'shall build its gross operating budget and appropriated funds request from a zero base, starting from the local school level',
'through the central office level. d school by school budgets. the board of educations initial fiscal year 1997 gross operating',
'budget and appropriated funds budget request submitted to the mayor, the district of columbia council, and the authority shall contain',
'school by school budgets and shall also 1 be broken out on the basis of appropriated funds and nonappropriated funds,',
'control center, responsibility center, agency reporting code, object class, and object; 2 indicate by position title, grade, and agency reporting',
'code all staff budgeted for each district of columbia public school, and indicate on an object class basis all other',
'than personal services financial resources allocated to each school; and 3 indicate the amount and reason for all changes made',
'to the initial fiscal year 1997 gross operating budget and appropriated funds request from the revised fiscal year 1996 gross',
'operating budget required by subsection b . sec. 2754. technical amendments. section 1120a of the elementary and secondary education act',
'of 1965 20 u.s.c. 6322 is amended 1 in subsection b 1 , by a striking a except as provided',
'in subparagraph b , a state and inserting a state; and b striking subparagraph b ; and 2 by adding',
'at the end thereof the following new subsection: d exclusion of funds. for the purpose of complying with subsections b',
'and c , a state or local educational agency may exclude supplemental state or local funds expended in any school',
'attendance area or school for programs that meet the intent and purposes of this part.. sec. 2755. even start family',
'literacy programs. part b of title i of the elementary and secondary education act of 1965 20 u.s.c. 6361 et',
'seq. is amended a in section 1204 a 20 u.s.c. 6364 a , by inserting intensive after cost of providing;',
'and b in section 1205 4 20 u.s.c. 6365 4 , by inserting , intensive after high quality. sec. 2756.',
'preservation of school based staff positions. a restrictions on reductions of school based employees. to the extent that a reduction',
'in the number of full time equivalent positions for the district of columbia public schools is required to remain within',
'the number of full time equivalent positions established for the public schools in appropriations acts, no reductions shall be made',
'from the full time equivalent positions for school based teachers, principals, counselors, librarians, or other school based educational positions that',
'were established as of the end of fiscal year 1995, unless the authority makes a determination based on student enrollment',
'that 1 fewer school based positions are needed to maintain established pupil to staff ratios; or 2 reductions in positions',
'for other than school based employees are not practicable. b definition. the term school based educational position means a position',
'located at a district of columbia public school or other position providing direct support to students at such a school,',
'including a position for a clerical, stenographic, or secretarial employee, but not including any part time educational aide position. subtitle',
'h establishment and organization of the commission on consensus reform in the district of columbia public schools sec. 2851. commission',
'on consensus reform in the district of columbia public schools. a establishment. 1 in general. there is established within the',
'district of columbia government a commission on consensus reform in the district of columbia public schools, consisting of 7 members',
'to be appointed in accordance with paragraph 2 . 2 membership. the consensus commission shall consist of the following members:',
'a 1 member to be appointed by the president chosen from a list of 3 proposed members submitted by the',
'majority leader of the senate. b 1 member to be appointed by the president chosen from a list of 3',
'proposed members submitted by the speaker of the house of representatives. c 2 members to be appointed by the president,',
'of which 1 shall represent the local business community and 1 of which shall be a teacher in a district',
'of columbia public school. d the president of the district of columbia congress of parents and teachers. e the president',
'of the board of education. f the superintendent. g the mayor and district of columbia council chairman shall each name',
'1 nonvoting ex officio member. h the chief of the national guard bureau who shall be an ex officio member.',
'3 terms of service. the members of the consensus commission shall serve for a term of 3 years. 4 vacancies.',
'any vacancy in the membership of the consensus commission shall be filled by the appointment of a new member in',
'the same manner as provided for the vacated membership. a member appointed under this paragraph shall serve the remaining term',
'of the vacated membership. 5 qualifications. members of the consensus commission appointed under subparagraphs a , b , and c',
'of paragraph 2 shall be residents of the district of columbia and shall have a knowledge of public education in',
'the district of columbia. 6 chair. the chair of the consensus commission shall be chosen by the consensus commission from',
'among its members, except that the president of the board of education and the superintendent shall not be eligible to',
'serve as chair. 7 no compensation for service. members of the consensus commission shall serve without pay, but may receive',
'reimbursement for any reasonable and necessary expenses incurred by reason of service on the consensus commission. b executive director. the',
'consensus commission shall have an executive director who shall be appointed by the chair with the consent of the consensus',
'commission. the executive director shall be paid at a rate determined by the consensus commission, except that such rate may',
'not exceed the highest rate of pay payable for level eg 16 of the educational service of the district of',
'columbia. c staff. with the approval of the chair and the authority, the executive director may appoint and fix the',
'pay of additional personnel as the executive director considers appropriate, except that no individual appointed by the executive director may',
'be paid at a rate greater than the rate of pay for the executive director. d special rule. the board',
'of education, or the authority, shall reprogram such funds, as the chair of the consensus commission shall in writing request,',
'subject to the approval of the authority from amounts available to the board of education. sec. 2852. primary purpose and',
'findings. a purpose. the primary purpose of the consensus commission is to assist in developing a long term reform plan',
'that has the support of the district of columbia community through the participation of representatives of various critical segments of',
'such community in helping to develop and approve the plan. b findings. the congress finds that 1 experience has shown',
'that the failure of the district of columbia educational system has been due more to the failure to implement a',
'plan than the failure to develop a plan; 2 national studies indicate that 50 percent of secondary school graduates lack',
'basic literacy skills, and over 30 percent of the 7th grade students in the district of columbia public schools drop',
'out of school before graduating; 3 standard student assessments indicate only average performance for grade level and fail to identify',
'individual students who lack basic skills, allowing too many students to graduate lacking these basic skills and diminishing the worth',
'of a diploma; 4 experience has shown that successful schools have good community, parent, and business involvement; 5 experience has',
'shown that reducing dropout rates in the critical middle and secondary school years requires individual student involvement and attention through',
'such activities as arts or athletics; and 6 experience has shown that close coordination between educators and business persons is',
'required to provide noncollege bound students the skills necessary for employment, and that personal attention is vitally important to assist',
'each student in developing an appropriate career path. sec. 2853. duties and powers of the consensus commission. a primary responsibility.',
'the board of education and the superintendent shall have primary responsibility for developing and implementing the long term reform plan',
'for education in the district of columbia. b duties. the consensus commission shall 1 identify any obstacles to implementation of',
'the long term reform plan and suggest ways to remove such obstacles; 2 assist in developing programs that a ensure',
'every student in a district of columbia public school achieves basic literacy skills; b ensure every such student possesses the',
'knowledge and skills necessary to think critically and communicate effectively by the completion of grade 8; and c lower the',
'dropout rate in the district of columbia public schools; 3 assist in developing districtwide assessments, including individual assessments, that identify',
'district of columbia public school students who lack basic literacy skills, with particular attention being given to grade 4 and',
'the middle school years, and establish procedures to ensure that a teacher is made accountable for the performance of every',
'such student in such teachers class; 4 make recommendations to improve community, parent, and business involvement in district of columbia',
'public schools and public charter schools; 5 assess opportunities in the district of columbia to increase individual student involvement and',
'attention through such activities as arts or athletics, and make recommendations on how to increase such involvement; and 6 assist',
'in the establishment of procedures that ensure every district of columbia public school student is provided the skills necessary for',
'employment, including the development of individual career paths. c powers. the consensus commission shall have the following powers: 1 to',
'monitor and comment on the development and implementation of the long term reform plan. 2 to exercise its authority, as',
'provided in this subtitle, as necessary to facilitate implementation of the long term reform plan. 3 to review and comment',
'on the budgets of the board of education, the district of columbia public schools and public charter schools. 4 to',
'recommend rules concerning the management and direction of the board of education that address obstacles to the development or implementation',
'of the long term reform plan. 5 to review and comment on the core curriculum for kindergarten through grade 12',
'developed under subtitle c. 6 to review and comment on a core curriculum for prekindergarten, vocational and technical training, and',
'adult education. 7 to review and comment on all other educational programs carried out by the board of education and',
'public charter schools. 8 to review and comment on the districtwide assessments for measuring student achievement in the core curriculum',
'developed under subtitle c. 9 to review and comment on the model professional development programs for teachers using the core',
'curriculum developed under subtitle c. d limitations. 1 in general. except as otherwise provided in this subtitle, the consensus commission',
'shall have no powers to involve itself in the management or operation of the board of education with respect to',
'the implementation of the long term reform plan. sec. 2854. improving order and discipline. a community service requirement for suspended',
'students. 1 in general. any student suspended from classes at a district of columbia public school who is required to',
'serve the suspension outside the school shall perform community service for the period of suspension. the community service required by',
'this subsection shall be subject to rules and regulations promulgated by the mayor. 2 effective date. this subsection shall take',
'effect on the first day of the 1996 1997 academic year. b expiration date. this section, and sections 2101 b',
'1 k and 2851 a 2 h , shall cease to be effective on the last day of the 1997',
'1998 academic year. c report. the consensus commission shall study the effectiveness of the policies implemented pursuant to this section',
'in improving order and discipline in district of columbia public schools and report its findings to the appropriate congressional committees',
'not later than 60 days prior to the last day of the 1997 1998 academic year. sec. 2855. educational performance',
'audits. a in general. the consensus commission may examine and request the inspector general of the district of columbia or',
'the authority to audit the records of the board of education to ensure, monitor, and evaluate the performance of the',
'board of education with respect to compliance with the long term reform plan and such plans overall educational achievement. the',
'consensus commission shall conduct an annual review of the educational performance of the board of education with respect to meeting',
'the goals of such plan for such year. the board of education shall cooperate and assist in the review or',
'audit as requested by the consensus commission. b audit. the consensus commission may examine and request the inspector general of',
'the district of columbia or the authority to audit the records of any public charter school to assure, monitor, and',
'evaluate the performance of the public charter school with respect to the content standards and districtwide assessments described in section',
'2311 b . the consensus commission shall receive a copy of each public charter schools annual report. sec. 2856. investigative',
'powers. the consensus commission may investigate any action or activity which may hinder the progress of any part of the',
'long term reform plan. the board of education shall cooperate and assist the consensus commission in any investigation. reports of',
'the findings of any such investigation shall be provided to the board of education, the superintendent, the mayor, the district',
'of columbia council, the authority, and the appropriate congressional committees. sec. 2857. recommendations of the consensus commission. a in general.',
'the consensus commission may at any time submit recommendations to the board of education, the mayor, the district of columbia',
'council, the authority, the board of trustees of any public charter school and the congress with respect to actions the',
'district of columbia government or the federal government should take to ensure implementation of the long term reform plan. b',
'authority actions. pursuant to the district of columbia financial responsibility and management assistance act of 1995 or upon the recommendation',
'of the consensus commission, the authority may take whatever actions the authority deems necessary to ensure the implementation of the',
'long term reform plan. sec. 2858. expiration date. except as otherwise provided in this subtitle, this subtitle shall be effective',
'during the period beginning on the date of enactment of this act and ending 7 years after such date. subtitle',
'i parent attendance at parent teacher conferences sec. 2901. policy. notwithstanding any other provision of law, the mayor is authorized',
'to develop and implement a policy encouraging all residents of the district of columbia with children attending a district of',
'columbia public school to attend and participate in at least one parent teacher conference every 90 days during the academic',
'year. this title may be cited as the district of columbia school reform act of 1995. c for programs, projects',
'or activities in the department of the interior and related agencies appropriations act, 1996, provided as follows, to be effective',
'as if it had been enacted into law as the regular appropriations act: an act making appropriations for the department',
'of the interior and related agencies for the fiscal year ending september 30, 1996, and for other purposes. title i',
'department of the interior bureau of land management management of lands and resources for expenses necessary for protection, use, improvement,',
'development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance',
'of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the bureau',
'of land management, including the general administration of the bureau, and assessment of mineral potential of public lands pursuant to',
'public law 96 487 16 u.s.c. 3150 a , $567,453,000, to remain available until expended, of which $2,000,000 shall be',
'available for assessment of the mineral potential of public lands in alaska pursuant to section 1010 of public law 96',
'487 16 u.s.c. 3150 , and of which $4,000,000 shall be derived from the special receipt account established by section',
'4 of the land and water conservation fund act of 1965, as amended 16 u.s.c. 460l 6a i : provided,',
'that appropriations herein made shall not be available for the destruction of healthy, unadopted, wild horses and burros in the',
'care of the bureau or its contractors; and in addition, $27,650,000 for mining law administration program operations, to remain available',
'until expended, to be reduced by amounts collected by the bureau of land management and credited to this appropriation from',
'annual mining claim fees so as to result in a final appropriation estimated at not more than $567,453,000: provided further,',
'that in addition to funds otherwise available, and to remain available until expended, not to exceed $5,000,000 from annual mining',
'claim fees shall be credited to this account for the costs of administering the mining claim fee program, and $2,000,000',
'from communication site rental fees established by the bureau. wildland fire management for necessary expenses for fire use and management,',
'fire preparedness, emergency presuppression, suppression operations, emergency rehabilitation, and renovation or construction of fire facilities in the department of the',
'interior, $235,924,000, to remain available until expended, of which not to exceed $5,025,000, shall be available for the renovation or',
'construction of fire facilities: provided, that notwithstanding any other provision of law, persons hired pursuant to 43 u.s.c. 1469 may',
'be furnished subsistence and lodging without cost from funds available from this appropriation: provided further, that such funds are also',
'available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: provided further,',
'that unobligated balances of amounts previously appropriated to the fire protection and emergency department of the interior firefighting fund may',
'be transferred or merged with this appropriation. central hazardous materials fund for expenses necessary for use by the department of',
'the interior and any of its component offices and bureaus for the remedial action, including associated activities, of hazardous waste',
'substances, pollutants, or contaminants pursuant to the comprehensive environmental response, compensation and liability act, as amended 42 u.s.c. 9601 et',
'seq. , $10,000,000, to remain available until expended: provided, that, notwithstanding 31 u.s.c. 3302, sums recovered from or paid by',
'a party in advance of or as reimbursement for remedial action or response activities conducted by the department pursuant to',
'sections 107 or 113 f of the comprehensive environmental response, compensation and liability act, as amended 42 u.s.c. 9607 or',
'9613 f , shall be credited to this account and shall be available without further appropriation and shall remain available',
'until expended: provided further, that such sums recovered from or paid by any party are not limited to monetary payments',
'and may include stocks, bonds or other personal or real property, which may be retained, liquidated, or otherwise disposed of',
'by the secretary of the interior and which shall be credited to this account. construction and access for acquisition of',
'lands and interests therein, and construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $3,115,000, to remain available until',
'expended. payments in lieu of taxes for expenses necessary to implement the act of october 20, 1976, as amended 31',
'u.s.c. 6901 07 , $113,500,000, of which not to exceed $400,000 shall be available for administrative expenses. land acquisition for',
'expenses necessary to carry out the provisions of sections 205, 206, and 318 d of public law 94 579 including',
'administrative expenses and acquisition of lands or waters, or interests therein, $12,800,000 to be derived from the land and water',
'conservation fund, to remain available until expended. oregon and california grant lands for expenses necessary for management, protection, and development',
'of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested oregon and',
'california railroad grant lands, on other federal lands in the oregon and california land grant counties of oregon, and on',
'adjacent rights of way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such',
'grant lands; $97,452,000, to remain available until expended: provided, that 25 per centum of the aggregate of all receipts during',
'the current fiscal year from the revested oregon and california railroad grant lands is hereby made a charge against the',
'oregon and california land grant fund and shall be transferred to the general fund in the treasury in accordance with',
'the provisions of the second paragraph of subsection b of title ii of the act of august 28, 1937 50',
'stat. 876 . range improvements for rehabilitation, protection, and acquisition of lands and interests therein, and improvement of federal rangelands',
'pursuant to section 401 of the federal land policy and management act of 1976 43 u.s.c. 1701 , notwithstanding any',
'other act, sums equal to 50 per centum of all moneys received during the prior fiscal year under sections 3',
'and 15 of the taylor grazing act 43 u.s.c. 315 et seq. and the amount designated for range improvements from',
'grazing fees and mineral leasing receipts from bankhead jones lands transferred to the department of the interior pursuant to law,',
'but not less than $9,113,000, to remain available until expended: provided, that not to exceed $600,000 shall be available for',
'administrative expenses. service charges, deposits, and forfeitures for administrative expenses and other costs related to processing application documents and other',
'authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents,',
'for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such',
'amounts as may be collected under sections 209 b , 304 a , 304 b , 305 a , and',
'504 g of the act approved october 21, 1976 43 u.s.c. 1701 , and sections 101 and 203 of public',
'law 93 153, to be immediately available until expended: provided, that notwithstanding any provision to the contrary of section 305',
'a of the act of october 21, 1976 43 u.s.c. 1735 a , any moneys that have been or will',
'be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund',
'pursuant to section 305 c of that act 43 u.s.c. 1735 c , shall be available and may be expended',
'under the authority of this or subsequent appropriations acts by the secretary to improve, protect, or rehabilitate any public lands',
'administered through the bureau of land management which have been damaged by the action of a resource developer, purchaser, permittee,',
'or any unauthorized person, without regard to whether all moneys collected from each such forfeiture, compromise, or settlement are used',
'on the exact lands damage to which led to the forfeiture, compromise, or settlement: provided further, that such moneys are',
'in excess of amounts needed to repair damage to the exact land for which collected. miscellaneous trust funds in addition',
'to amounts authorized to be expended under existing law, there is hereby appropriated such amounts as may be contributed under',
'section 307 of the act of october 21, 1976 43 u.s.c. 1701 , and such amounts as may be advanced',
'for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211 b of that act,',
'to remain available until expended. administrative provisions appropriations for the bureau of land management shall be available for purchase, erection,',
'and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the united states',
'has title; up to $100,000 for payments, at the discretion of the secretary, for information or evidence concerning violations of',
'laws administered by the bureau of land management; miscellaneous and emergency expenses of enforcement activities authorized or approved by the',
'secretary and to be accounted for solely on his certificate, not to exceed $10,000: provided, that notwithstanding 44 u.s.c. 501,',
'the bureau may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection',
'with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and',
'the bureau determines the cooperator is capable of meeting accepted quality standards. united states fish and wildlife service resource management',
'for expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of fishery and wildlife resources, except',
'whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; for the general',
'administration of the united states fish and wildlife service; and for maintenance of the herd of long horned cattle on',
'the wichita mountains wildlife refuge; and not less than $1,000,000 for high priority projects within the scope of the approved',
'budget which shall be carried out by the youth conservation corps as authorized by the act of august 13, 1970,',
'as amended by public law 93 408, $501,010,000, to remain available for obligation until september 30, 1997, of which $4,000,000',
'shall be available for activities under section 4 of the endangered species act of 1973 16 u.s.c. 1533 , of',
'which $11,557,000 shall be available until expended for operation and maintenance of fishery mitigation facilities constructed by the corps of',
'engineers under the lower snake river compensation plan, authorized by the water resources development act of 1976 90 stat. 2921',
', to compensate for loss of fishery resources from water development projects on the lower snake river: provided, that unobligated',
'and unexpended balances in the resource management account at the end of fiscal year 1995, shall be merged with and',
'made a part of the fiscal year 1996 resource management appropriation, and shall remain available for obligation until september 30,',
'1997: provided further, that no monies appropriated under this or any other act shall be used by the secretary of',
'the interior or by the secretary of commerce to implement subsections a , b , c , e , g',
'or i of section 4 of the endangered species act of 1973 16 u.s.c. 1533 , until such time as',
'legislation reauthorizing the act is enacted or until the end of fiscal year 1996, whichever is earlier, except that monies',
'may be used to delist or reclassify species pursuant to sections 4 a 2 b , 4 c 2 b',
'i , and 4 c 2 b ii of the endangered species act, and to issue emergency listings under section',
'4 b 7 of the endangered species act: provided further, that the president is authorized to suspend the provisions of',
'the preceeding proviso if he determines that such suspension is appropriate based upon the public interest in sound environmental management,',
'sustainable resource use, protection of national or locally affected interests, or protection of any cultural, biological or historic resources. any',
'suspension by the president shall take effect on such date, and continue in effect for such period not to extend',
'beyond the period in which the preceeding proviso would otherwise be in effect , as the president may determine, and',
'shall be reported to the congress. construction for construction and acquisition of buildings and other facilities required in the conservation,',
'management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein; $37,655,000, to',
'remain available until expended. natural resource damage assessment fund to conduct natural resource damage assessment activities by the department of',
'the interior necessary to carry out the provisions of the comprehensive environmental response, compensation, and liability act, as amended 42',
'u.s.c. 9601, et seq. , federal water pollution control act, as amended 33 u.s.c. 1251, et seq. , the oil',
'pollution act of 1990 public law 101 380 , and the act of july 27, 1990 public law 101 337',
'; $4,000,000, to remain available until expended: provided, that sums provided by any party in fiscal year 1996 and thereafter',
'are not limited to monetary payments and may include stocks, bonds or other personal or real property, which may be',
'retained, liquidated or otherwise disposed of by the secretary and such sums or properties shall be utilized for the restoration',
'of injured resources, and to conduct new damage assessment activities. land acquisition for expenses necessary to carry out the provisions',
'of the land and water conservation fund act of 1965, as amended 16 u.s.c. 460l 4 11 , including administrative',
'expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the united',
'states fish and wildlife service, $36,900,000, to be derived from the land and water conservation fund, to remain available until',
'expended. cooperative endangered species conservation fund for expenses necessary to carry out the provisions of the endangered species act of',
'1973 16 u.s.c. 1531 1543 , as amended by public law 100 478, $8,085,000 for grants to states, to be',
'derived from the cooperative endangered species conservation fund, and to remain available until expended. national wildlife refuge fund for expenses',
'necessary to implement the act of october 17, 1978 16 u.s.c. 715s , $10,779,000. rewards and operations for expenses necessary',
'to carry out the provisions of the african elephant conservation act 16 u.s.c. 4201 4203, 4211 4213, 4221 4225, 4241',
'4245, and 1538 , $600,000, to remain available until expended. north american wetlands conservation fund for expenses necessary to carry',
'out the provisions of the north american wetlands conservation act, public law 101 233, $6,750,000, to remain available until expended.',
'lahontan valley and pyramid lake fish and wildlife fund for carrying out section 206 f of public law 101 618,',
'such sums as have previously been credited or may be credited hereafter to the lahontan valley and pyramid lake fish',
'and wildlife fund, to be available until expended without further appropriation. rhinoceros and tiger conservation fund for deposit to the',
'rhinoceros and tiger conservation fund, $200,000, to remain available until expended, to be available to carry out the provisions of',
'the rhinoceros and tiger conservation act of 1994 public law 103 391 . wildlife conservation and appreciation fund for deposit',
'to the wildlife conservation and appreciation fund, $800,000, to remain available until expended. administrative provisions appropriations and funds available to',
'the united states fish and wildlife service shall be available for purchase of not to exceed 113 passenger motor vehicles;',
'not to exceed $400,000 for payment, at the discretion of the secretary, for information, rewards, or evidence concerning violations of',
'laws administered by the united states fish and wildlife service, and miscellaneous and emergency expenses of enforcement activities, authorized or',
'approved by the secretary and to be accounted for solely on his certificate; repair of damage to public roads within',
'and adjacent to reservation areas caused by operations of the united states fish and wildlife service; options for the purchase',
'of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas',
'as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the',
'jurisdiction of the united states fish and wildlife service and to which the united states has title, and which are',
'utilized pursuant to law in connection with management and investigation of fish and wildlife resources: provided, that notwithstanding 44 u.s.c.',
'501, the service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in',
'connection with jointly produced publications for which the cooperators share at least one half the cost of printing either in',
'cash or services and the service determines the cooperator is capable of meeting accepted quality standards: provided further, that the',
'united states fish and wildlife service may accept donated aircraft as replacements for existing aircraft: provided further, that notwithstanding any',
'other provision of law, the secretary of the interior may not spend any of the funds appropriated in this act',
'for the purchase of lands or interests in lands to be used in the establishment of any new unit of',
'the national wildlife refuge system unless the purchase is approved in advance by the house and senate committees on appropriations',
'in compliance with the reprogramming procedures contained in house report 103 551: provided further, that none of the funds made',
'available in this act may be used by the u.s. fish and wildlife service to impede or delay the issuance',
'of a wetlands permit by the u.s. army corps of engineers to the city of lake jackson, texas, for the',
'development of a public golf course west of buffalo camp bayou between the brazos river and highway 332: provided further,',
'that the director of the fish and wildlife service may charge reasonable fees for expenses to the federal government for',
'providing training by the national education and training center: provided further, that all training fees collected shall be available to',
'the director, until expended, without further appropriation, to be used for the costs of training and education provided by the',
'national education and training center: provided further, that with respect to lands leased for farming pursuant to public law 88',
'567, if for any reason the secretary disapproves for use in 1996 or does not finally approve for use in',
'1996 any pesticide or chemical which was approved for use in 1995 or had been requested for use in 1996',
'by the submission of a pesticide use proposal as of september 19, 1995, none of the funds in this act',
'may be used to develop, implement, or enforce regulations or policies including pesticide use proposals related to the use of',
'chemicals and pest management that are more restrictive than the requirements of applicable state and federal laws related to the',
'use of chemicals and pest management practices on non federal lands. national park service operation of the national park system',
'for expenses necessary for the management, operation, and maintenance of areas and facilities administered by the national park service including',
'special road maintenance service to trucking permittees on a reimbursable basis , and for the general administration of the national',
'park service, including not to exceed $1,593,000 for the volunteers in parks program, and not less than $1,000,000 for high',
'priority projects within the scope of the approved budget which shall be carried out by the youth conservation corps as',
'authorized by the act of august 13, 1970, as amended by public law 93 408, $1,082,481,000, without regard to the',
'act of august 24, 1912, as amended 16 u.s.c. 451 , of which not to exceed $72,000,000, to remain available',
'until expended is to be derived from the special fee account established pursuant to title v, section 5201, of public',
'law 100 203. national recreation and preservation for expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental',
'compliance and review, international park affairs, statutory or contractual aid for other activities, and grant administration, not otherwise provided for,',
'$37,649,000: provided, that $236,000 of the funds provided herein are for the william o. douglas outdoor education center, subject to',
'authorization. historic preservation fund for expenses necessary in carrying out the provisions of the historic preservation act of 1966 80',
'stat. 915 , as amended 16 u.s.c. 470 , $36,212,000, to be derived from the historic preservation fund, established by',
'section 108 of that act, as amended, to remain available for obligation until september 30, 1997. construction for construction, improvements,',
'repair or replacement of physical facilities, $143,225,000, to remain available until expended: provided, that not to exceed $4,500,000 of the',
'funds provided herein shall be paid to the army corps of engineers for modifications authorized by section 104 of the',
'everglades national park protection and expansion act of 1989: provided further, that funds provided under this head, derived from the',
'historic preservation fund, established by the historic preservation act of 1966 80 stat. 915 , as amended 16 u.s.c. 470',
', may be available until expended to render sites safe for visitors and for building stabilization. land and water conservation',
'fund rescission the contract authority provided for fiscal year 1996 by 16 u.s.c. 460l 10a is rescinded. land acquisition and',
'state assistance for expenses necessary to carry out the provisions of the land and water conservation fund act of 1965,',
'as amended 16 u.s.c. 460l 4 11 , including administrative expenses, and for acquisition of lands or waters, or interest',
'therein, in accordance with statutory authority applicable to the national park service, $49,100,000, to be derived from the land and',
'water conservation fund, to remain available until expended, and of which $1,500,000 is to administer the state assistance program: provided,',
'that any funds made available for the purpose of acquisition of the elwha and glines dams shall be used solely',
'for acquisition, and shall not be expended until the full purchase amount has been appropriated by the congress. administrative provisions',
'appropriations for the national park service shall be available for the purchase of not to exceed 518 passenger motor vehicles,',
'of which 323 shall be for replacement only, including not to exceed 411 for police type use, 12 buses, and',
'5 ambulances: provided, that none of the funds appropriated to the national park service may be used to process any',
'grant or contract documents which do not include the text of 18 u.s.c. 1913: provided further, that none of the',
'funds appropriated to the national park service may be used to implement an agreement for the redevelopment of the southern',
'end of ellis island until such agreement has been submitted to the congress and shall not be implemented prior to',
'the expiration of 30 calendar days not including any day in which either house of congress is not in session',
'because of adjournment of more than three calendar days to a day certain from the receipt by the speaker of',
'the house of representatives and the president of the senate of a full and comprehensive report on the development of',
'the southern end of ellis island, including the facts and circumstances relied upon in support of the proposed project. none',
'of the funds in this act may be spent by the national park service for activities taken in direct response',
'to the united nations biodiversity convention. the national park service may enter into cooperative agreements that involve the transfer of',
'national park service appropriated funds to state, local and tribal governments, other public entities, educational institutions, and private nonprofit organizations',
'for the public purpose of carrying out national park service programs. the national park service shall, within existing funds, conduct',
'a feasibility study for a northern access route into denali national park and preserve in alaska, to be completed within',
'one year of the enactment of this act and submitted to the house and senate committees on appropriations and to',
'the senate committee on energy and natural resources and the house committee on resources. the feasibility study shall ensure that',
'resource impacts from any plan to create such access route are evaluated with accurate information and according to a process',
'that takes into consideration park values, visitor needs, a full range of alternatives, the viewpoints of all interested parties, including',
'the tourism industry and the state of alaska, and potential needs for compliance with the national environmental policy act. the',
'study shall also address the time required for development of alternatives and identify all associated costs. this feasibility study shall',
'be conducted solely by the national park service planning personnel permanently assigned to national park service offices located in the',
'state of alaska in consultation with the state of alaska department of transportation. united states geological survey surveys, investigations, and',
'research for expenses necessary for the united states geological survey to perform surveys, investigations, and research covering topography, geology, hydrology,',
'and the mineral and water resources of the united states, its territories and possessions, and other areas as authorized by',
'law 43 u.s.c. 31, 1332 and 1340 ; classify lands as to their mineral and water resources; give engineering supervision',
'to power permittees and federal energy regulatory commission licensees; administer the minerals exploration program 30 u.s.c. 641 ; and publish',
'and disseminate data relative to the foregoing activities; and to conduct inquiries into the economic conditions affecting mining and materials',
'processing industries 30 u.s.c. 3, 21a, and 1603; 50 u.s.c. 98g 1 and related purposes as authorized by law and',
'to publish and disseminate data; $730,163,000, of which $62,130,000 shall be available for cooperation with states or municipalities for water',
'resources investigations, and of which $137,000,000 for resource research and the operations of cooperative research units shall remain available until',
'september 30, 1997, and of which $16,000,000 shall remain available until expended for conducting inquiries into the economic conditions affecting',
'mining and materials processing industries: provided, that no part of this appropriation shall be used to pay more than one',
'half the cost of any topographic mapping or water resources investigations carried on in cooperation with any state or municipality:',
'provided further, that funds available herein for resource research may be used for the purchase of not to exceed 61',
'passenger motor vehicles, of which 55 are for replacement only: provided further, that none of the funds available under this',
'head for resource research shall be used to conduct new surveys on private property, including new aerial surveys for the',
'designation of habitat under the endangered species act, except when it is made known to the federal official having authority',
'to obligate or expend such funds that the survey or research has been requested and authorized in writing by the',
'property owner or the owners authorized representative: provided further, that none of the funds provided herein for resource research may',
'be used to administer a volunteer program when it is made known to the federal official having authority to obligate',
'or expend such funds that the volunteers are not properly trained or that information gathered by the volunteers is not',
'carefully verified: provided further, that no later than april 1, 1996, the director of the united states geological survey shall',
'issue agency guidelines for resource research that ensure that scientific and technical peer review is utilized as fully as possible',
'in selection of projects for funding and ensure the validity and reliability of research and data collection on federal lands:',
'provided further, that no funds available for resource research may be used for any activity that was not authorized prior',
'to the establishment of the national biological survey: provided further, that once every five years the national academy of sciences',
'shall review and report on the resource research activities of the survey: provided further, that if specific authorizing legislation is',
'enacted during or before the start of fiscal year 1996, the resource research component of the survey should comply with',
'the provisions of that legislation: provided further, that unobligated and unexpended balances in the national biological survey, research, inventories and',
'surveys account at the end of fiscal year 1995, shall be merged with and made a part of the united',
'states geological survey, surveys, investigations, and research account and shall remain available for obligation until september 30, 1996: provided further,',
'that the authority granted to the united states bureau of mines to conduct mineral surveys and to determine mineral values',
'by section 603 of public law 94 579 is hereby transferred to, and vested in, the director of the united',
'states geological survey. administrative provisions the amount appropriated for the united states geological survey shall be available for purchase of',
'not to exceed 22 passenger motor vehicles, for replacement only; reimbursement to the general services administration for security guard services;',
'contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is',
'administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition',
'of lands for gauging stations and observation wells; expenses of the united states national committee on geology; and payment of',
'compensation and expenses of persons on the rolls of the united states geological survey appointed, as authorized by law, to',
'represent the united states in the negotiation and administration of interstate compacts: provided, that activities funded by appropriations herein made',
'may be accomplished through the use of contracts, grants, or cooperative agreements as defined in 31 u.s.c. 6302, et seq.',
'minerals management service royalty and offshore minerals management for expenses necessary for minerals leasing and environmental studies, regulation of industry',
'operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other',
'minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; including the purchase of not to',
'exceed eight passenger motor vehicles for replacement only; $182,555,000, of which not less than $70,105,000 shall be available for royalty',
'management activities; and an amount not to exceed $15,400,000 for the technical information management system and related activities of the',
'outer continental shelf ocs lands activity, to be credited to this appropriation and to remain available until expended, from additions',
'to receipts resulting from increases to rates in effect on august 5, 1993, from rate increases to fee collections for',
'ocs administrative activities performed by the minerals management service over and above the rates in effect on september 30, 1993,',
'and from additional fees for ocs administrative activities established after september 30, 1993: provided, that beginning in fiscal year 1996',
'and thereafter, fees for royalty rate relief applications shall be established and revised as needed in notices to lessees, and',
'shall be credited to this account in the program areas performing the function, and remain available until expended for the',
'costs of administering the royalty rate relief authorized by 43 u.s.c. 1337 a 3 : provided further, that $1,500,000 for',
'computer acquisitions shall remain available until september 30, 1997: provided further, that funds appropriated under this act shall be available',
'for the payment of interest in accordance with 30 u.s.c. 1721 b and d : provided further, that not to',
'exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: provided further, that',
'notwithstanding any other provision of law, $15,000 under this head shall be available for refunds of overpayments in connection with',
'certain indian leases in which the director of the minerals management service concurred with the claimed refund due, to pay',
'amounts owed to indian allottees or tribes, or to correct prior unrecoverable erroneous payments: provided further, that beginning in fiscal',
'year 1996 and thereafter, the secretary shall take appropriate action to collect unpaid and underpaid royalties and late payment interest',
'owed by federal and indian mineral lessees and other royalty payors on amounts received in settlement or other resolution of',
'disputes under, and for partial or complete termination of, sales agreements for minerals from federal and indian leases. oil spill',
'research for necessary expenses to carry out the purposes of title i, section 1016, title iv, sections 4202 and 4303,',
'title vii, and title viii, section 8201 of the oil pollution act of 1990, $6,440,000, which shall be derived from',
'the oil spill liability trust fund, to remain available until expended. bureau of mines mines and minerals for expenses necessary',
'for, and incidental to, the closure of the united states bureau of mines, $64,000,000, to remain available until expended, of',
'which not to exceed $5,000,000 may be used for the completion and/or transfer of certain ongoing projects within the united',
'states bureau of mines, such projects to be identified by the secretary of the interior within 90 days of enactment',
'of this act: provided, that there hereby are transferred to, and vested in, the secretary of energy: 1 the functions',
'pertaining to the promotion of health and safety in mines and the mineral industry through research vested by law in',
'the secretary of the interior or the united states bureau of mines and performed in fiscal year 1995 by the',
'united states bureau of mines at its pittsburgh research center in pennsylvania, and at its spokane research center in washington;',
'2 the functions pertaining to the conduct of inquiries, technological investigations and research concerning the extraction, processing, use and disposal',
'of mineral substances vested by law in the secretary of the interior or the united states bureau of mines and',
'performed in fiscal year 1995 by the united states bureau of mines under the minerals and materials science programs at',
'its pittsburgh research center in pennsylvania, and at its albany research center in oregon; and 3 the functions pertaining to',
'mineral reclamation industries and the development of methods for the disposal, control, prevention, and reclamation of mineral waste products vested',
'by law in the secretary of the interior or the united states bureau of mines and performed in fiscal year',
'1995 by the united states bureau of mines at its pittsburgh research center in pennsylvania: provided further, that, if any',
'of the same functions were performed in fiscal year 1995 at locations other than those listed above, such functions shall',
'not be transferred to the secretary of energy from those other locations: provided further, that the director of the office',
'of management and budget, in consultation with the secretary of energy and the secretary of the interior, is authorized to',
'make such determinations as may be necessary with regard to the transfer of functions which relate to or are used',
'by the department of the interior, or component thereof affected by this transfer of functions, and to make such dispositions',
'of personnel, facilities, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used,',
'arising from, available to or to be made available in connection with, the functions transferred herein as are deemed necessary',
'to accomplish the purposes of this transfer: provided further, that all reductions in personnel complements resulting from the provisions of',
'this act shall, as to the functions transferred to the secretary of energy, be done by the secretary of the',
'interior as though these transfers had not taken place but had been required of the department of the interior by',
'all other provisions of this act before the transfers of function became effective: provided further, that the transfers of function',
'to the secretary of energy shall become effective on the date specified by the director of the office of management',
'and budget, but in no event later than 90 days after enactment into law of this act: provided further, that',
'the reference to function includes, but is not limited to, any duty, obligation, power, authority, responsibility, right, privilege, and activity,',
'or the plural thereof, as the case may be. administrative provisions the secretary is authorized to accept lands, buildings, equipment,',
'other contributions, and fees from public and private sources, and to prosecute projects using such contributions and fees in cooperation',
'with other federal, state or private agencies: provided, that the bureau of mines is authorized, during the current fiscal year,',
'to sell directly or through any government agency, including corporations, any metal or mineral products that may be manufactured in',
'pilot plants operated by the bureau of mines, and the proceeds of such sales shall be covered into the treasury',
'as miscellaneous receipts: provided further, that notwithstanding any other provision of law, the secretary is authorized to convey, without reimbursement,',
'title and all interest of the united states in property and facilities of the united states bureau of mines in',
'juneau, alaska, to the city and borough of juneau, alaska; in tuscaloosa, alabama, to the university of alabama; in rolla,',
'missouri, to the university of missouri rolla; and in other localities to such university or government entities as the secretary',
'deems appropriate. office of surface mining reclamation and enforcement regulation and technology for necessary expenses to carry out the provisions',
'of the surface mining control and reclamation act of 1977, public law 95 87, as amended, including the purchase of',
'not to exceed 15 passenger motor vehicles for replacement only; $95,470,000, and notwithstanding 31 u.s.c. 3302, an additional amount shall',
'be credited to this account, to remain available until expended, from performance bond forfeitures in fiscal year 1996: provided, that',
'notwithstanding any other provision of law, the secretary of the interior, pursuant to regulations, may utilize directly or through grants',
'to states, moneys collected in fiscal year 1996 pursuant to the assessment of civil penalties under section 518 of the',
'surface mining control and reclamation act of 1977 30 u.s.c. 1268 , to reclaim lands adversely affected by coal mining',
'practices after august 3, 1977, to remain available until expended: provided further, that notwithstanding any other provision of law, appropriations',
'for the office of surface mining reclamation and enforcement may provide for the travel and per diem expenses of state',
'and tribal personnel attending office of surface mining reclamation and enforcement sponsored training. abandoned mine reclamation fund for necessary expenses',
'to carry out the provisions of title iv of the surface mining control and reclamation act of 1977, public law',
'95 87, as amended, including the purchase of not more than 22 passenger motor vehicles for replacement only, $173,887,000, to',
'be derived from receipts of the abandoned mine reclamation fund and to remain available until expended: provided, that grants to',
'minimum program states will be $1,500,000 per state in fiscal year 1996: provided further, that of the funds herein provided',
'up to $18,000,000 may be used for the emergency program authorized by section 410 of public law 95 87, as',
'amended, of which no more than 25 per centum shall be used for emergency reclamation projects in any one state',
'and funds for federally administered emergency reclamation projects under this proviso shall not exceed $11,000,000: provided further, that prior year',
'unobligated funds appropriated for the emergency reclamation program shall not be subject to the 25 per centum limitation per state',
'and may be used without fiscal year limitation for emergency projects: provided further, that pursuant to public law 97 365,',
'the department of the interior is authorized to utilize up to 20 per centum from the recovery of the delinquent',
'debt owed to the united states government to pay for contracts to collect these debts: provided further, that funds made',
'available to states under title iv of public law 95 87 may be used, at their discretion, for any required',
'non federal share of the cost of projects funded by the federal government for the purpose of environmental restoration related',
'to treatment or abatement of acid mine drainage from abandoned mines: provided further, that such projects must be consistent with',
'the purposes and priorities of the surface mining control and reclamation act. bureau of indian affairs operation of indian programs',
'for operation of indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants including expenses necessary to provide education',
'and welfare services for indians, either directly or in cooperation with states and other organizations, including payment of care, tuition,',
'assistance, and other expenses of indians in boarding homes, or institutions, or schools; grants and other assistance to needy indians;',
'maintenance of law and order; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the',
'bureau of indian affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for indian industrial and',
'business enterprises; operation of indian arts and crafts shops and museums; development of indian arts and crafts, as authorized by',
'law; for the general administration of the bureau of indian affairs, including such expenses in field offices; maintaining of indian',
'reservation roads as defined in section 101 of title 23, united states code; and construction, repair, and improvement of indian',
'housing, $1,384,434,000, of which not to exceed $100,255,000 shall be for welfare assistance grants and not to exceed $104,626,000 shall',
'be for payments to tribes and tribal organizations for contract support costs associated with ongoing contracts or grants or compacts',
'entered into with the bureau of indian affairs prior to fiscal year 1996, as authorized by the indian self determination',
'act of 1975, as amended, and up to $5,000,000 shall be for the indian self determination fund, which shall be',
'available for the transitional cost of initial or expanded tribal contracts, grants, compacts, or cooperative agreements with the bureau of',
'indian affairs under the provisions of the indian self determination act; and of which not to exceed $330,711,000 for school',
'operations costs of bureau funded schools and other education programs shall become available for obligation on july 1, 1996, and',
'shall remain available for obligation until september 30, 1997; and of which not to exceed $68,209,000 for higher education scholarships,',
'adult vocational training, and assistance to public schools under the act of april 16, 1934 48 stat. 596 , as',
'amended 25 u.s.c. 452 et seq. , shall remain available for obligation until september 30, 1997; and of which not',
'to exceed $71,854,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, self governance grants,',
'the indian self determination fund, and the navajo hopi settlement program: provided, that tribes and tribal contractors may use their',
'tribal priority allocations for unmet indirect costs of ongoing contracts, grants or compact agreements: provided further, that funds made available',
'to tribes and tribal organizations through contracts or grants obligated during fiscal year 1996, as authorized by the indian self',
'determination act of 1975 88 stat. 2203; 25 u.s.c. 450 et seq. , or grants authorized by the indian education',
'amendments of 1988 25 u.s.c. 2001 and 2008a shall remain available until expended by the contractor or grantee: provided further,',
'that to provide funding uniformity within a self governance compact, any funds provided in this act with availability for more',
'than one year may be reprogrammed to one year availability but shall remain available within the compact until expended: provided',
'further, that notwithstanding any other provision of law, indian tribal governments may, by appropriate changes in eligibility criteria or by',
'other means, change eligibility for general assistance or change the amount of general assistance payments for individuals within the service',
'area of such tribe who are otherwise deemed eligible for general assistance payments so long as such changes are applied',
'in a consistent manner to individuals similarly situated: provided further, that any savings realized by such changes shall be available',
'for use in meeting other priorities of the tribes: provided further, that any net increase in costs to the federal',
'government which result solely from tribally increased payment levels for general assistance shall be met exclusively from funds available to',
'the tribe from within its tribal priority allocation: provided further, that any forestry funds allocated to a tribe which remain',
'unobligated as of september 30, 1996, may be transferred during fiscal year 1997 to an indian forest land assistance account',
'established for the benefit of such tribe within the tribes trust fund account: provided further, that any such unobligated balances',
'not so transferred shall expire on september 30, 1997: provided further, that notwithstanding any other provision of law, no funds',
'available to the bureau of indian affairs, other than the amounts provided herein for assistance to public schools under the',
'act of april 16, 1934 48 stat. 596 , as amended 25 u.s.c. 452 et seq. , shall be available',
'to support the operation of any elementary or secondary school in the state of alaska in fiscal year 1996: provided',
'further, that funds made available in this or any other act for expenditure through september 30, 1997 for schools funded',
'by the bureau of indian affairs shall be available only to the schools which are in the bureau of indian',
'affairs school system as of september 1, 1995: provided further, that no funds available to the bureau of indian affairs',
'shall be used to support expanded grades for any school beyond the grade structure in place at each school in',
'the bureau of indian affairs school system as of october 1, 1995: provided further, that notwithstanding the provisions of 25',
'u.s.c. 2011 h 1 b and c , upon the recommendation of a local school board for a bureau of',
'indian affairs operated school, the secretary shall establish rates of basic compensation or annual salary rates for the positions of',
'teachers and counselors including dormitory and homeliving counselors at the school at a level not less than that for comparable',
'positions in public school districts in the same geographic area, to become effective on july 1, 1997: provided further, that',
'of the funds available only through september 30, 1995, not to exceed $8,000,000 in unobligated and unexpended balances in the',
'operation of indian programs account shall be merged with and made a part of the fiscal year 1996 operation of',
'indian programs appropriation, and shall remain available for obligation for employee severance, relocation, and related expenses, until september 30, 1996.',
'construction for construction, major repair, and improvement of irrigation and power systems, buildings, utilities, and other facilities, including architectural and',
'engineering services by contract; acquisition of lands and interests in lands; and preparation of lands for farming, $100,833,000, to remain',
'available until expended: provided, that such amounts as may be available for the construction of the navajo indian irrigation project',
'and for other water resource development activities related to the southern arizona water rights settlement act may be transferred to',
'the bureau of reclamation: provided further, that not to exceed 6 per centum of contract authority available to the bureau',
'of indian affairs from the federal highway trust fund may be used to cover the road program management costs of',
'the bureau of indian affairs: provided further, that any funds provided for the safety of dams program pursuant to 25',
'u.s.c. 13 shall be made available on a non reimbursable basis: provided further, that for the fiscal year ending september',
'30, 1996, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are provided',
'to tribally controlled grant schools under public law 100 297, as amended, the secretary of the interior shall use the',
'administrative and audit requirements and cost principles for assistance programs contained in 43 cfr part 12 as the regulatory requirements:',
'provided further, that such grants shall not be subject to section 12.61 of 43 cfr; the secretary and the grantee',
'shall negotiate and determine a schedule of payments for the work to be performed: provided further, that in considering applications,',
'the secretary shall consider whether the indian tribe or tribal organization would be deficient in assuring that the construction projects',
'conform to applicable building standards and codes and federal, tribal, or state health and safety standards as required by 25',
'u.s.c. 2005 a , with respect to organizational and financial management capabilities: provided further, that if the secretary declines an',
'application, the secretary shall follow the requirements contained in 25 u.s.c. 2505 f : provided further, that any disputes between',
'the secretary and any grantee concerning a grant shall be subject to the disputes provision in 25 u.s.c. 2508 e',
'. indian land and water claim settlements and miscellaneous payments to indians for miscellaneous payments to indian tribes and individuals',
'and for necessary administrative expenses, $80,645,000, to remain available until expended; of which $78,600,000 shall be available for implementation of',
'enacted indian land and water claim settlements pursuant to public laws 87 483, 97 293, 101 618, 102 374, 102',
'441, 102 575, and 103 116, and for implementation of other enacted water rights settlements, including not to exceed $8,000,000,',
'which shall be for the federal share of the catawba indian tribe of south carolina claims settlement, as authorized by',
'section 5 a of public law 103 116; and of which $1,045,000 shall be available pursuant to public laws 98',
'500, 99 264, and 100 580; and of which $1,000,000 shall be available 1 to liquidate obligations owed tribal and',
'individual indian payees of any checks canceled pursuant to section 1003 of the competitive equality banking act of 1987 public',
'law 100 86 101 stat. 659 , 31 u.s.c. 3334 b , 2 to restore to individual indian monies trust',
'funds, indian irrigation systems, and indian power systems accounts amounts invested in credit unions or defaulted savings and loan associations',
'and which were not federally insured, and 3 to reimburse indian trust fund account holders for losses to their respective',
'accounts where the claim for said loss es has been reduced to a judgment or settlement agreement approved by the',
'department of justice. technical assistance of indian enterprises for payment of management and technical assistance requests associated with loans and',
'grants approved under the indian financing act of 1974, as amended, $500,000. indian guaranteed loan program account for the cost',
'of guaranteed loans $4,500,000, as authorized by the indian financing act of 1974, as amended: provided, that such costs, including',
'the cost of modifying such loans, shall be as defined in section 502 of the congressional budget act of 1974,',
'as amended: provided further, that these funds are available to subsidize total loan principal, any part of which is to',
'be guaranteed, not to exceed $35,914,000. in addition, for administrative expenses necessary to carry out the guaranteed loan program, $500,000.',
'administrative provisions appropriations for the bureau of indian affairs shall be available for expenses of exhibits, and purchase of not',
'to exceed 275 passenger carrying motor vehicles, of which not to exceed 215 shall be for replacement only. territorial and',
'international affairs assistance to territories for expenses necessary for assistance to territories under the jurisdiction of the department of the',
'interior, $65,188,000, of which 1 $61,661,000 shall be available until expended for technical assistance, including maintenance assistance, disaster assistance, insular',
'management controls, and brown tree snake control and research; grants to the judiciary in american samoa for compensation and expenses,',
'as authorized by law 48 u.s.c. 1661 c ; grants to the government of american samoa, in addition to current',
'local revenues, for construction and support of governmental functions; grants to the government of the virgin islands as authorized by',
'law; grants to the government of guam, as authorized by law; and grants to the government of the northern mariana',
'islands as authorized by law public law 94 241; 90 stat. 272 ; and 2 $3,527,000 shall be available for',
'salaries and expenses of the office of insular affairs: provided, that all financial transactions of the territorial and local governments',
'herein provided for, including such transactions of all agencies or instrumentalities established or utilized by such governments, may be audited',
'by the general accounting office, at its discretion, in accordance with chapter 35 of title 31, united states code: provided',
'further, that northern mariana islands covenant grant funding shall be provided according to those terms of the agreement of the',
'special representatives on future united states financial assistance for the northern mariana islands approved by public law 99 396, or',
'any subsequent legislation related to commonwealth of the northern mariana islands covenant grant funding: provided further, that of the amounts',
'provided for technical assistance, sufficient funding shall be made available for a grant to the close up foundation: provided further,',
'that the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance of',
'capital infrastructure in american samoa, guam, the virgin islands, the commonwealth of the northern mariana islands, the republic of palau,',
'the republic of the marshall islands, and the federated states of micronesia through assessments of long range operations and maintenance',
'needs, improved capability of local operations and maintenance institutions and agencies including management and vocational education training , and project',
'specific maintenance with territorial participation and cost sharing to be determined by the secretary based on the individual territorys commitment',
'to timely maintenance of its capital assets : provided further, that any appropriation for disaster assistance under this head in',
'this act or previous appropriations acts may be used as non federal matching funds for the purpose of hazard mitigation',
'grants provided pursuant to section 404 of the robert t. stafford disaster relief and emergency assistance act 42 u.s.c. 5170c',
'. compact of free association for economic assistance and necessary expenses for the federated states of micronesia and the republic',
'of the marshall islands as provided for in sections 122, 221, 223, 232, and 233 of the compacts of free',
'association, and for economic assistance and necessary expenses for the republic of palau as provided for in sections 122, 221,',
'223, 232, and 233 of the compact of free association, $24,938,000, to remain available until expended, as authorized by public',
'law 99 239 and public law 99 658: provided, that notwithstanding section 112 of public law 101 219 103 stat.',
'1873 , the secretary of the interior may agree to technical changes in the specifications for the project described in',
'the subsidiary agreement negotiated under section 212 a of the compact of free association, public law 99 658, or its',
'annex, if the changes do not result in increased costs to the united states. departmental offices departmental management salaries and',
'expenses for necessary expenses for management of the department of the interior, $56,912,000, of which not to exceed $7,500 may',
'be for official reception and representation expenses. office of the solicitor salaries and expenses for necessary expenses of the office',
'of the solicitor, $34,427,000. office of inspector general salaries and expenses for necessary expenses of the office of inspector general,',
'$23,939,000. construction management salaries and expenses for necessary expenses of the office of construction management, $500,000. national indian gaming commission',
'salaries and expenses for necessary expenses of the national indian gaming commission, pursuant to public law 100 497, $1,000,000: provided,',
'that on march 1, 1996, the chairman shall submit to the secretary a report detailing those indian tribes or tribal',
'organizations with gaming operations that are in full compliance, partial compliance, or non compliance with the provisions of the indian',
'gaming regulatory act 25 u.s.c. 2701, et seq. : provided further, that the information contained in the report shall be',
'updated on a continuing basis. office of special trustee for american indians federal trust programs for operation of trust programs',
'for indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $16,338,000, of which $15,891,000 shall remain available until expended',
'for trust funds management: provided, that funds made available to tribes and tribal organizations through contracts or grants obligated during',
'fiscal year 1996, as authorized by the indian self determination act of 1975 88 stat. 2203; 25 u.s.c. 450 et',
'seq. , shall remain available until expended by the contractor or grantee: provided further, that notwithstanding any other provision of',
'law, the statute of limitations shall not commence to run on any claim, including any claim in litigation pending on',
'the date of this act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual indian',
'has been furnished with the accounting of such funds from which the beneficiary can determine whether there has been a',
'loss: provided further, that obligated and unobligated balances provided for trust funds management within operation of indian programs, bureau of',
'indian affairs are hereby transferred to and merged with this appropriation. administrative provisions there is hereby authorized for acquisition from',
'available resources within the working capital fund, 15 aircraft, 10 of which shall be for replacement and which may be',
'obtained by donation, purchase or through available excess surplus property: provided, that notwithstanding any other provision of law, existing aircraft',
'being replaced may be sold, with proceeds derived or trade in value used to offset the purchase price for the',
'replacement aircraft: provided further, that no programs funded with appropriated funds in departmental management, office of the solicitor, and office',
'of inspector general may be augmented through the working capital fund or the consolidated working fund. general provisions, department of',
'the interior sec. 101. appropriations made in this title shall be available for expenditure or transfer within each bureau or',
'office , with the approval of the secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or',
'other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: provided, that no funds shall',
'be made available under this authority until funds specifically made available to the department of the interior for emergencies shall',
'have been exhausted: provided further, that all funds used pursuant to this section are hereby designated by congress to be',
'emergency requirements pursuant to section 251 b 2 d of the balanced budget and emergency deficit control act of 1985',
'and must be replenished by a supplemental appropriation which must be requested as promptly as possible. sec. 102. the secretary',
'may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included',
'in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on',
'or threatening lands under the jurisdiction of the department of the interior; for the emergency rehabilitation of burned over lands',
'under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for',
'contingency planning subsequent to actual oilspills; response and natural resource damage assessment activities related to actual oilspills; for the prevention,',
'suppression, and control of actual or potential grasshopper and mormon cricket outbreaks on lands under the jurisdiction of the secretary,',
'pursuant to the authority in section 1773 b of public law 99 198 99 stat. 1658 ; for emergency reclamation',
'projects under section 410 of public law 95 87; and shall transfer, from any no year funds available to the',
'office of surface mining reclamation and enforcement, such funds as may be necessary to permit assumption of regulatory authority in',
'the event a primacy state is not carrying out the regulatory provisions of the surface mining act: provided, that appropriations',
'made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding',
'fiscal year, and for reimbursement to other federal agencies for destruction of vehicles, aircraft, or other equipment in connection with',
'their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available at the time of receipt',
'thereof: provided further, that for emergency rehabilitation and wildfire suppression activities, no funds shall be made available under this authority',
'until funds appropriated to the emergency department of the interior firefighting fund shall have been exhausted: provided further, that all',
'funds used pursuant to this section are hereby designated by congress to be emergency requirements pursuant to section 251 b',
'2 d of the balanced budget and emergency deficit control act of 1985 and must be replenished by a supplemental',
'appropriation which must be requested as promptly as possible: provided further, that such replenishment funds shall be used to reimburse,',
'on a pro rata basis, accounts from which emergency funds were transferred. sec. 103. appropriations made in this title shall',
'be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or',
'economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized',
'by sections 1535 and 1536 of title 31, united states code: provided, that reimbursements for costs and supplies, materials, equipment,',
'and for services rendered may be credited to the appropriation current at the time such reimbursements are received. sec. 104.',
'appropriations made to the department of the interior in this title shall be available for services as authorized by 5',
'u.s.c. 3109, when authorized by the secretary, in total amount not to exceed $500,000; hire, maintenance, and operation of aircraft;',
'hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized',
'under regulations approved by the secretary; and the payment of dues, when authorized by the secretary, for library membership in',
'societies or associations which issue publications to members only or at a price to members lower than to subscribers who',
'are not members. sec. 105. appropriations available to the department of the interior for salaries and expenses shall be available',
'for uniforms or allowances therefor, as authorized by law 5 u.s.c. 5901 5902 and d.c. code 4 204 . sec.',
'106. appropriations made in this title shall be available for obligation in connection with contracts issued for services or rentals',
'for periods not in excess of twelve months beginning at any time during the fiscal year. sec. 107. appropriations made',
'in this title from the land and water conservation fund for acquisition of lands and waters, or interests therein, shall',
'be available for transfer, with the approval of the secretary, between the following accounts: bureau of land management, land acquisition,',
'united states fish and wildlife service, land acquisition, and national park service, land acquisition and state assistance. use of such',
'funds are subject to the reprogramming guidelines of the house and senate committees on appropriations. sec. 108. prior to the',
'transfer of presidio properties to the presidio trust, when authorized, the secretary may not obligate in any calendar month more',
'than \1/12\ of the fiscal year 1996 appropriation for operation of the presidio: provided, that this section shall expire on',
'december 31, 1995. sec. 109. section 6003 of public law 101 380 is hereby repealed. sec. 110. none of the',
'funds appropriated or otherwise made available by this act may be obligated or expended by the secretary of the interior',
'for developing, promulgating, and thereafter implementing a rule concerning rights of way under section 2477 of the revised statutes. sec.',
'111. no funds provided in this title may be expended by the department of the interior for the conduct of',
'offshore leasing and related activities placed under restriction in the presidents moratorium statement of june 26, 1990, in the areas',
'of northern, central, and southern california; the north atlantic; washington and oregon; and the eastern gulf of mexico south of',
'26 degrees north latitude and east of 86 degrees west longitude. sec. 112. no funds provided in this title may',
'be expended by the department of the interior for the conduct of leasing, or the approval or permitting of any',
'drilling or other exploration activity, on lands within the north aleutian basin planning area. sec. 113. no funds provided in',
'this title may be expended by the department of the interior for the conduct of preleasing and leasing activities in',
'the eastern gulf of mexico for outer continental shelf lease sale 151 in the outer continental shelf natural gas and',
'oil resource management comprehensive program, 1992 1997. sec. 114. no funds provided in this title may be expended by the',
'department of the interior for the conduct of preleasing and leasing activities in the atlantic for outer continental shelf lease',
'sale 164 in the outer continental shelf natural gas and oil resource management comprehensive program, 1992 1997. sec. 115. a',
'of the funds appropriated by this act or any subsequent act providing for appropriations in fiscal years 1996 and 1997,',
'not more than 50 percent of any self governance funds that would otherwise be allocated to each indian tribe in',
'the state of washington shall actually be paid to or on account of such indian tribe from and after the',
'time at which such tribe shall 1 take unilateral action that adversely impacts the existing rights to and/or customary uses',
'of, nontribal member owners of fee simple land within the exterior boundary of the tribes reservation to water, electricity, or',
'any other similar utility or necessity for the nontribal members residential use of such land; or 2 restrict or threaten',
'to restrict said owners use of or access to publicly maintained rights of way necessary or desirable in carrying the',
'utilities or necessities described above. b such penalty shall not attach to the initiation of any legal actions with respect',
'to such rights or the enforcement of any final judgments, appeals from which have been exhausted, with respect thereto. sec.',
'116. within 30 days after the enactment of this act, the department of the interior shall issue a specific schedule',
'for the completion of the lake cushman land exchange act public law 102 436 and shall complete the exchange not',
'later than september 30, 1996. sec. 117. notwithstanding public law 90 544, as amended, the national park service is authorized',
'to expend appropriated funds for maintenance and repair of the company creek road in the lake chelan national recreation area:',
'provided, that appropriated funds shall not be expended for the purpose of improving the property of private individuals unless specifically',
'authorized by law. sec. 118. section 4 b of public law 94 241 90 stat. 263 as added by section',
'10 of public law 99 396 is amended by deleting until congress otherwise provides by law. and inserting in lieu',
'thereof: except that, for fiscal years 1996 through 2002, payments to the commonwealth of the northern mariana islands pursuant to',
'the multi year funding agreements contemplated under the covenant shall be $11,000,000 annually, subject to an equal local match and',
'all other requirements set forth in the agreement of the special representatives on future federal financial assistance of the northern',
'mariana islands, executed on december 17, 1992 between the special representative of the president of the united states and special',
'representatives of the governor of the northern mariana islands with any additional amounts otherwise made available under this section in',
'any fiscal year and not required to meet the schedule of payments in this subsection to be provided as set',
'forth in subsection c until congress otherwise provides by law. c the additional amounts referred to in subsection b shall',
'be made available to the secretary for obligation as follows: 1 for fiscal years 1996 through 2001, $4,580,000 annually for',
'capital infrastructure projects as impact aid for guam under section 104 c 6 of public law 99 239; 2 for',
'fiscal year 1996, $7,700,000 shall be provided for capital infrastructure projects in american samoa; $4,420,000 for resettlement of rongelap atoll;',
'and 3 for fiscal years 1997 and thereafter, all such amounts shall be available solely for capital infrastructure projects in',
'guam, the virgin islands, american samoa, the commonwealth of the northern mariana islands, the republic of palau, the federated states',
'of micronesia and the republic of the marshall islands: provided, that, in fiscal year 1997, $3,000,000 of such amounts shall',
'be made available to the college of the northern marianas and beginning in fiscal year 1997, and in each year',
'thereafter, not to exceed $3,000,000 may be allocated, as provided in appropriations acts, to the secretary of the interior for',
'use by federal agencies or the commonwealth of the northern mariana islands to address immigration, labor, and law enforcement issues',
'in the northern mariana islands. the specific projects to be funded in american samoa shall be set forth in a',
'five year plan for infrastructure assistance developed by the secretary of the interior in consultation with the american samoa government',
'and updated annually and submitted to the congress concurrent with the budget justifications for the department of the interior. in',
'developing budget recommendations for capital infrastructure funding, the secretary shall indicate the highest priority projects, consider the extent to which',
'particular projects are part of an overall master plan, whether such project has been reviewed by the corps of engineers',
'and any recommendations made as a result of such review, the extent to which a set aside for maintenance would',
'enhance the life of the project, the degree to which a local cost share requirement would be consistent with local',
'economic and fiscal capabilities, and may propose an incremental set aside, not to exceed $2,000,000 per year, to remain available',
'without fiscal year limitation, as an emergency fund in the event of natural or other disasters to supplement other assistance',
'in the repair, replacement, or hardening of essential facilities: provided further, that the cumulative amount set aside for such emergency',
'fund may not exceed $10,000,000 at any time. d within the amounts allocated for infrastructure pursuant to this section, and',
'subject to the specific allocations made in subsection c , additional contributions may be made, as set forth in appropriations',
'acts, to assist in the resettlement of rongelap atoll: provided, that the total of all contributions from any federal source',
'after enactment of this act may not exceed $32,000,000 and shall be contingent upon an agreement, satisfactory to the president,',
'that such contributions are a full and final settlement of all obligations of the united states to assist in the',
'resettlement of rongelop atoll and that such funds will be expended solely on resettlement activities and will be properly audited',
'and accounted for. in order to provide such contributions in a timely manner, each federal agency providing assistance or services,',
'or conducting activities, in the republic of the marshall islands, is authorized to make funds available through the secretary of',
'the interior, to assist in the resettlement of rongelap. nothing in this subsection shall be construed to limit the provision',
'of ex gratia assistance pursuant to section 105 c 2 of the compact of free association act of 1985 public',
'law 99 239, 99 stat. 1770, 1792 including for individuals choosing not to resettle at rongelap, except that no such',
'assistance for such individuals may be provided until the secretary notifies the congress that the full amount of all funds',
'necessary for resettlement at rongelap has been provided.. sec. 119. a until the national park service has prepared a final',
'conceptual management plan for the mojave national preserve that incorporates traditional multiple uses of the region, the secretary of the',
'interior shall not take any action to change the management of the area which differs from the historical management practices',
'of the bureau of land management. prior to using any funds in excess of $1,100,000 for operation of the preserve',
'in fiscal year 1996, the secretary must obtain the approval of the house and senate committees on appropriations. this provision',
'expires on september 30, 1996. b the president is authorized to suspend the provisions of subsection a of this section',
'if he determines that such suspension is appropriate based upon the public interest in sound environmental management, sustainable resource use,',
'protection of national or locally affected interests, or protection of any cultural, biological or historic resources. any suspension by the',
'president shall take effect on such date, and continue in effect for such period not to extend beyond the period',
'in which subsection a would otherwise be in effect , as the president may determine, and shall be reported to',
'the congress. title ii related agencies department of agriculture forest service forest research for necessary expenses of forest research as',
'authorized by law, $178,000,000, to remain available until september 30, 1997. state and private forestry for necessary expenses of cooperating',
'with, and providing technical and financial assistance to states, territories, possessions, and others and for forest pest management activities, cooperative',
'forestry and education and land conservation activities, $136,884,000, to remain available until expended, as authorized by law: provided, that of',
'funds available under this heading for pacific northwest assistance in this or prior appropriations acts, $200,000 shall be provided to',
'the world forestry center for purposes of continuing scientific research and other authorized efforts regarding the land exchange efforts in',
'the umpqua river basin region. national forest system for necessary expenses of the forest service, not otherwise provided for, for',
'management, protection, improvement, and utilization of the national forest system, for ecosystem planning, inventory, and monitoring, and for administrative expenses',
'associated with the management of funds provided under the heads forest research, state and private forestry, national forest system, construction,',
'fire protection and emergency suppression, and land acquisition, $1,257,057,000, to remain available for obligation until september 30, 1997, and including',
'65 per centum of all monies received during the prior fiscal year as fees collected under the land and water',
'conservation fund act of 1965, as amended, in accordance with section 4 of the act 16 u.s.c. 460l 6a i',
': provided, that unobligated and unexpended balances in the national forest system account at the end of fiscal year 1995,',
'shall be merged with and made a part of the fiscal year 1996 national forest system appropriation, and shall remain',
'available for obligation until september 30, 1997: provided further, that up to $5,000,000 of the funds provided herein for road',
'maintenance shall be available for the planned obliteration of roads which are no longer needed. wildland fire management for necessary',
'expenses for forest fire presuppression activities on national forest system lands, for emergency fire suppression on or adjacent to national',
'forest system lands or other lands under fire protection agreement, and for emergency rehabilitation of burned over national forest system',
'lands, $385,485,000, to remain available until expended: provided, that unexpended balances of amounts previously appropriated under any other headings for',
'forest service fire activities may be transferred to and merged with this appropriation: provided further, that such funds are available',
'for repayment of advances from other appropriations accounts previously transferred for such purposes. construction for necessary expenses of the forest',
'service, not otherwise provided for, $163,600,000, to remain available until expended, for construction and acquisition of buildings and other facilities,',
'and for construction and repair of forest roads and trails by the forest service as authorized by 16 u.s.c. 532',
'538 and 23 u.s.c. 101 and 205: provided, that funds becoming available in fiscal year 1996 under the act of',
'march 4, 1913 16 u.s.c. 501 shall be transferred to the general fund of the treasury of the united states:',
'provided further, that not to exceed $50,000,000, to remain available until expended, may be obligated for the construction of forest',
'roads by timber purchasers: provided further, that $2,500,000 of the funds appropriated herein shall be available for a grant to',
'the non profit citizens for the columbia gorge discovery center for the construction of the columbia gorge discovery center: provided',
'further, that the forest service is authorized to grant the unobligated balance of funds appropriated in fiscal year 1995 for',
'the construction of the columbia gorge discovery center and related trail construction funds to the non profit citizens for the',
'columbia gorge discovery center to be used for the same purpose: provided further, that the forest service is authorized to',
'convey the land needed for the construction of the columbia gorge discovery center without cost to the non profit citizens',
'for the columbia gorge discovery center: provided further, that notwithstanding any other provision of law, funds originally appropriated under this',
'head in public law 101 512 for the forest service share of a new research facility at the university of',
'missouri, columbia, shall be available for a grant to the university of missouri, as the federal share in the construction',
'of the new facility: provided further, that agreed upon lease of space in the new facility shall be provided to',
'the forest service without charge for the life of the building. land acquisition for expenses necessary to carry out the',
'provisions of the land and water conservation fund act of 1965, as amended 16 u.s.c. 460l 4 11 , including',
'administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the',
'forest service, $39,400,000, to be derived from the land and water conservation fund, to remain available until expended: provided, that',
'funding for specific land acquisitions are subject to the approval of the house and senate committees on appropriations. acquisition of',
'lands for national forests special acts for acquisition of lands within the exterior boundaries of the cache, uinta, and wasatch',
'national forests, utah; the toiyabe national forest, nevada; and the angeles, san bernardino, sequoia, and cleveland national forests, california, as',
'authorized by law, $1,069,000, to be derived from forest receipts. acquisition of lands to complete land exchanges for acquisition of',
'lands, to be derived from funds deposited by state, county, or municipal governments, public school districts, or other public school',
'authorities pursuant to the act of december 4, 1967, as amended 16 u.s.c. 484a , to remain available until expended.',
'range betterment fund for necessary expenses of range rehabilitation, protection, and improvement, 50 per centum of all moneys received during',
'the prior fiscal year, as fees for grazing domestic livestock on lands in national forests in the sixteen western states,',
'pursuant to section 401 b 1 of public law 94 579, as amended, to remain available until expended, of which',
'not to exceed 6 per centum shall be available for administrative expenses associated with on the ground range rehabilitation, protection,',
'and improvements. gifts, donations and bequests for forest and rangeland research for expenses authorized by 16 u.s.c. 1643 b ,',
'$92,000, to remain available until expended, to be derived from the fund established pursuant to the above act. southeast alaska',
'economic disaster fund a there is hereby established in the treasury a southeast alaska economic disaster fund. there are hereby',
'appropriated $110,000,000, which shall be deposited into this account, which shall be available without further appropriation or fiscal year limitation.',
'all monies from the fund shall be distributed by the secretary of agriculture in accordance with the provisions set forth',
'herein. b none of the funds provided under this heading shall be available unless the president exercises the authority provided',
'in section 325 c of this act. c 1 the secretary shall provide $40,000,000 in direct grants from the fund',
'for fiscal year 1996 and $10,000,000 in each of fiscal years 1997, 1998, and 1999 to communities in alaska as',
'follows: a to the city and borough of sitka, $8,000,000 in fiscal year 1996 and $2,000,000 in each of fiscal',
'years 1997, 1998, and 1999; b to the city of wrangell, $18,700,000 in fiscal year 1996 and $4,700,000 in each',
'of fiscal years 1997, 1998, and 1999; and c to the city and borough of ketchikan, $13,300,000 in fiscal year',
'1996 and $3,300,000 in each of fiscal years 1997, 1998, and 1999. 2 the funds provided under paragraph 1 shall',
'be used to employ former timber workers in wrangell and sitka, and for related community development projects in sitka, wrangell,',
'and ketchikan. 3 the secretary shall allocate an additional $10,000,000 from the fund for each of fiscal years 1996, 1997,',
'1998, and 1999 to communities in alaska according to the following percentages: a the borough of haines, 5.5 percent; b',
'the city and borough of juneau, 10.3 percent; c the ketchikan gateway borough, 4.5 percent; d the city and borough',
'of sitka, 10.8 percent; e the city and borough of yakutat, 7.4 percent; and f the unorganized boroughs within the',
'tongass national forest, 61.5 percent. 4 funds provided pursuant to paragraph 3 f shall be allocated by the secretary of',
'agriculture to the unorganized boroughs in the tongass national forest in the same proportion as timber receipts were made available',
'to such boroughs in fiscal year 1995, and shall be in addition to any other monies provided to such boroughs',
'under this act or any other law. administrative provisions, forest service appropriations to the forest service for the current fiscal',
'year shall be available for: a purchase of not to exceed 183 passenger motor vehicles of which 32 will be',
'used primarily for law enforcement purposes and of which 151 shall be for replacement; acquisition of 22 passenger motor vehicles',
'from excess sources, and hire of such vehicles; operation and maintenance of aircraft, the purchase of not to exceed two',
'for replacement only, and acquisition of 20 aircraft from excess sources; notwithstanding other provisions of law, existing aircraft being replaced',
'may be sold, with proceeds derived or trade in value used to offset the purchase price for the replacement aircraft;',
'b services pursuant to the second sentence of section 706 a of the organic act of 1944 7 u.s.c. 2225',
', and not to exceed $100,000 for employment under 5 u.s.c. 3109; c purchase, erection, and alteration of buildings and',
'other public improvements 7 u.s.c. 2250 ; d acquisition of land, waters, and interests therein, pursuant to the act of',
'august 3, 1956 7 u.s.c. 428a ; e for expenses pursuant to the volunteers in the national forest act of',
'1972 16 u.s.c. 558a, 558d, 558a note ; and f for debt collection contracts in accordance with 31 u.s.c. 3718',
'c . none of the funds made available under this act shall be obligated or expended to change the boundaries',
'of any region, to abolish any region, to move or close any regional office for research, state and private forestry,',
'or national forest system administration of the forest service, department of agriculture, or to implement any reorganization, reinvention or other',
'type of organizational restructuring of the forest service, other than the relocation of the regional office for region 5 of',
'the forest service from san francisco to excess military property at mare island, vallejo, california, without the consent of the',
'house and senate committees on appropriations and the committee on agriculture, nutrition, and forestry and the committee on energy and',
'natural resources in the united states senate and the committee on agriculture and the committee on resources in the united',
'states house of representatives. any appropriations or funds available to the forest service may be advanced to the fire and',
'emergency suppression appropriation and may be used for forest firefighting and the emergency rehabilitation of burned over lands under its',
'jurisdiction: provided, that no funds shall be made available under this authority until funds appropriated to the emergency forest service',
'firefighting fund shall have been exhausted. any funds available to the forest service may be used for retrofitting mare island',
'facilities to accommodate the relocation: provided, that funds for the move must come from funds otherwise available to region 5:',
'provided further, that any funds to be provided for such purposes shall only be available upon approval of the house',
'and senate committees on appropriations. funds appropriated to the forest service shall be available for assistance to or through the',
'agency for international development and the foreign agricultural service in connection with forest and rangeland research, technical information, and assistance',
'in foreign countries, and shall be available to support forestry and related natural resource activities outside the united states and',
'its territories and possessions, including technical assistance, education and training, and cooperation with united states and international organizations. none of',
'the funds made available to the forest service under this act shall be subject to transfer under the provisions of',
'section 702 b of the department of agriculture organic act of 1944 7 u.s.c. 2257 or 7 u.s.c. 147b unless',
'the proposed transfer is approved in advance by the house and senate committees on appropriations in compliance with the reprogramming',
'procedures contained in house report 103 551. no funds appropriated to the forest service shall be transferred to the working',
'capital fund of the department of agriculture without the approval of the chief of the forest service. notwithstanding any other',
'provision of law, any appropriations or funds available to the forest service may be used to disseminate program information to',
'private and public individuals and organizations through the use of nonmonetary items of nominal value and to provide nonmonetary awards',
'of nominal value and to incur necessary expenses for the nonmonetary recognition of private individuals and organizations that make contributions',
'to forest service programs. notwithstanding any other provision of law, money collected, in advance or otherwise, by the forest service',
'under authority of section 101 of public law 93 153 30 u.s.c. 185 1 as reimbursement of administrative and other',
'costs incurred in processing pipeline right of way or permit applications and for costs incurred in monitoring the construction, operation,',
'maintenance, and termination of any pipeline and related facilities, may be used to reimburse the applicable appropriation to which such',
'costs were originally charged. funds available to the forest service shall be available to conduct a program of not less',
'than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by the',
'youth conservation corps as authorized by the act of august 13, 1970, as amended by public law 93 408. none',
'of the funds available in this act shall be used for timber sale preparation using clearcutting in hardwood stands in',
'excess of 25 percent of the fiscal year 1989 harvested volume in the wayne national forest, ohio: provided, that this',
'limitation shall not apply to hardwood stands damaged by natural disaster: provided further, that landscape architects shall be used to',
'maintain a visually pleasing forest. any money collected from the states for fire suppression assistance rendered by the forest service',
'on non federal lands not in the vicinity of national forest system lands shall be used to reimburse the applicable',
'appropriation and shall remain available until expended as the secretary may direct in conducting activities authorized by 16 u.s.c. 2101',
'note , 2101 2110, 1606, and 2111. of the funds available to the forest service, $1,500 is available to the',
'chief of the forest service for official reception and representation expenses. notwithstanding any other provision of law, the forest service',
'is authorized to employ or otherwise contract with persons at regular rates of pay, as determined by the service, to',
'perform work occasioned by emergencies such as fires, storms, floods, earthquakes or any other unavoidable cause without regard to sundays,',
'federal holidays, and the regular workweek. to the greatest extent possible, and in accordance with the final amendment to the',
'shawnee national forest plan, none of the funds available in this act shall be used for preparation of timber sales',
'using clearcutting or other forms of even aged management in hardwood stands in the shawnee national forest, illinois. funds appropriated',
'to the forest service shall be available for interactions with and providing technical assistance to rural communities for sustainable rural',
'development purposes. notwithstanding any other provision of law, eighty percent of the funds appropriated to the forest service in the',
'national forest system and construction accounts and planned to be allocated to activities under the jobs in the woods program',
'for projects on national forest land in the state of washington may be granted directly to the washington state department',
'of fish and wildlife for accomplishment of planned projects. twenty percent of said funds shall be retained by the forest',
'service for planning and administering projects. project selection and prioritization shall be accomplished by the forest service with such consultation',
'with the state of washington as the forest service deems appropriate. for one year after enactment of this act, the',
'secretary shall continue the current tongass land management plan tlmp and may accommodate commercial tourism if an agreement is signed',
'between the forest service and the alaska visitors association except that during this period, the secretary shall maintain at least',
'the number of acres of suitable available and suitable scheduled timber lands, and allowable sale quantity as identified in the',
'preferred alternative alternative p in the tongass land and resources management plan and final environmental impact statement dated october 1992',
'as selected in the record of decision review draft 3 2/ 93. nothing in this paragraph shall be interpreted to',
'mandate clear cutting or require the sale of timber and nothing in this paragraph, including the asq identified in alternative',
'p, shall be construed to limit the secretarys consideration of new information or to prejudice future revision, amendment or modification',
'of tlmp based upon sound, verifiable scientific data. if the forest service determines in a supplemental evaluation to an environmental',
'impact statement that no additional analysis under the national environmental policy act or section 810 of the alaska national interest',
'lands conservation act is necessary for any timber sale or offering which has been prepared for acceptance by, or award',
'to, a purchaser after december 31, 1988, that has been subsequently determined by the forest service to be available for',
'sale or offering to one or more other purchaser, the change of purchasers for whatever reason shall not be considered',
'a significant new circumstance, and the forest service may offer or award such timber sale or offering to a different',
'purchaser or offeree, notwithstanding any other provision of law. a determination by the forest service pursuant to this paragraph shall',
'not be subject to judicial review. none of the funds appropriated under this act for the forest service shall be',
'made available for the purpose of applying paint to rocks, or rock colorization: provided, that notwithstanding any other provision of',
'law, the forest service shall not require of any individual or entity, as part of any permitting process under its',
'authority, or as a requirement of compliance with the national environmental policy act of 1969 42 u.s.c. 4231 et seq.',
', the painting or colorization of rocks. department of energy fossil energy research and development for necessary expenses in carrying',
'out fossil energy research and development activities, under the authority of the department of energy organization act public law 95',
'91 , including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or',
'for plant or facility acquisition or expansion, and for promoting health and safety in mines and the mineral industry through',
'research 30 u.s.c. 3, 861 b , and 951 a , for conducting inquiries, technological investigations and research concerning the',
'extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs 30 u.s.c. 3, 1602, and 1603',
', and for the development of methods for the disposal, control, prevention, and reclamation of waste products in the mining,',
'minerals, metal, and mineral reclamation industries 30 u.s.c. 3 and 21a , $417,018,000, to remain available until expended: provided, that',
'no part of the sum herein made available shall be used for the field testing of nuclear explosives in the',
'recovery of oil and gas. alternative fuels production including transfer of funds monies received as investment income on the principal',
'amount in the great plains project trust at the norwest bank of north dakota, in such sums as are earned',
'as of october 1, 1995, shall be deposited in this account and immediately transferred to the general fund of the',
'treasury. monies received as revenue sharing from the operation of the great plains gasification plant shall be immediately transferred to',
'the general fund of the treasury. naval petroleum and oil shale reserves for necessary expenses in carrying out naval petroleum',
'and oil shale reserve activities, $148,786,000, to remain available until expended: provided, that the requirements of 10 u.s.c. 7430 b',
'2 b shall not apply to fiscal year 1996: provided further, that section 501 of public law 101 45 is',
'hereby repealed. energy conservation for necessary expenses in carrying out energy conservation activities, $553,189,000, to remain available until expended, including,',
'notwithstanding any other provision of law, the excess amount for fiscal year 1996 determined under the provisions of section 3003',
'd of public law 99 509 15 u.s.c. 4502 , and of which $16,000,000 shall be derived from available unobligated',
'balances in the biomass energy development account: provided, that $140,696,000 shall be for use in energy conservation programs as defined',
'in section 3008 3 of public law 99 509 15 u.s.c. 4507 and shall not be available until excess amounts',
'are determined under the provisions of section 3003 d of public law 99 509 15 u.s.c. 4502 : provided further,',
'that notwithstanding section 3003 d 2 of public law 99 509 such sums shall be allocated to the eligible programs',
'as follows: $114,196,000 for the weatherization assistance program and $26,500,000 for the state energy conservation program. economic regulation for necessary',
'expenses in carrying out the activities of the economic regulatory administration and the office of hearings and appeals, $6,297,000, to',
'remain available until expended. strategic petroleum reserve including transfer of funds for necessary expenses for strategic petroleum reserve facility development',
'and operations and program management activities pursuant to the energy policy and conservation act of 1975, as amended 42 u.s.c.',
'6201 et seq. , $287,000,000, to remain available until expended, of which $187,000,000 shall be derived by transfer of unobligated',
'balances from the spr petroleum account and $100,000,000 shall be derived by transfer from the spr decommissioning fund: provided, that',
'notwithstanding section 161 of the energy policy and conservation act, the secretary shall draw down and sell up to seven',
'million barrels of oil from the strategic petroleum reserve: provided further, that the proceeds from the sale shall be deposited',
'into a special account in the treasury, to be established and known as the spr decommissioning fund, and shall be',
'available for the purpose of removal of oil from and decommissioning of the weeks island site and for other purposes',
'related to the operations of the strategic petroleum reserve. spr petroleum account notwithstanding 42 u.s.c. 6240 d the united states',
'share of crude oil in naval petroleum reserve numbered 1 elk hills may be sold or otherwise disposed of to',
'other than the strategic petroleum reserve: provided, that outlays in fiscal year 1996 resulting from the use of funds in',
'this account shall not exceed $5,000,000. energy information administration for necessary expenses in carrying out the activities of the energy',
'information administration, $72,266,000, to remain available until expended: provided, that notwithstanding section 4 d of the service contract act of',
'1965 41 u.s.c. 353 d or any other provision of law, funds appropriated under this heading hereafter may be used',
'to enter into a contract for end use consumption surveys for a term not to exceed eight years: provided further,',
'that notwithstanding any other provision of law, hereafter the manufacturing energy consumption survey shall be conducted on a triennial basis.',
'administrative provisions, department of energy appropriations under this act for the current fiscal year shall be available for hire of',
'passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the general',
'services administration for security guard services. from appropriations under this act, transfers of sums may be made to other agencies',
'of the government for the performance of work for which the appropriation is made. none of the funds made available',
'to the department of energy under this act shall be used to implement or finance authorized price support or loan',
'guarantee programs unless specific provision is made for such programs in an appropriations act. the secretary is authorized to accept',
'lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies,',
'federal, state, private, or foreign: provided, that revenues and other moneys received by or for the account of the department',
'of energy or otherwise generated by sale of products in connection with projects of the department appropriated under this act',
'may be retained by the secretary of energy, to be available until expended, and used only for plant construction, operation,',
'costs, and payments to cost sharing entities as provided in appropriate cost sharing contracts or agreements: provided further, that the',
'remainder of revenues after the making of such payments shall be covered into the treasury as miscellaneous receipts: provided further,',
'that any contract, agreement, or provision thereof entered into by the secretary pursuant to this authority shall not be executed',
'prior to the expiration of 30 calendar days not including any day in which either house of congress is not',
'in session because of adjournment of more than three calendar days to a day certain from the receipt by the',
'speaker of the house of representatives and the president of the senate of a full comprehensive report on such project,',
'including the facts and circumstances relied upon in support of the proposed project. no funds provided in this act may',
'be expended by the department of energy to prepare, issue, or process procurement documents for programs or projects for which',
'appropriations have not been made. department of health and human services indian health service indian health services for expenses necessary',
'to carry out the act of august 5, 1954 68 stat. 674 , the indian self determination act, the indian',
'health care improvement act, and titles ii and iii of the public health service act with respect to the indian',
'health service, $1,747,842,000, together with payments received during the fiscal year pursuant to 42 u.s.c. 300aaa 2 for services furnished',
'by the indian health service: provided, that funds made available to tribes and tribal organizations through contracts, grant agreements, or',
'any other agreements or compacts authorized by the indian self determination and education assistance act of 1975 88 stat. 2203;',
'25 u.s.c. 450 , shall be deemed to be obligated at the time of the grant or contract award and',
'thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: provided further, that $12,000,000 shall remain',
'available until expended, for the indian catastrophic health emergency fund: provided further, that $350,564,000 for contract medical care shall remain',
'available for obligation until september 30, 1997: provided further, that of the funds provided, not less than $11,306,000 shall be',
'used to carry out the loan repayment program under section 108 of the indian health care improvement act, as amended:',
'provided further, that funds provided in this act may be used for one year contracts and grants which are to',
'be performed in two fiscal years, so long as the total obligation is recorded in the year for which the',
'funds are appropriated: provided further, that the amounts collected by the secretary of health and human services under the authority',
'of title iv of the indian health care improvement act shall be available for two fiscal years after the fiscal',
'year in which they were collected, for the purpose of achieving compliance with the applicable conditions and requirements of titles',
'xviii and xix of the social security act exclusive of planning, design, or construction of new facilities : provided further,',
'that of the funds provided, $7,500,000 shall remain available until expended, for the indian self determination fund, which shall be',
'available for the transitional costs of initial or expanded tribal contracts, grants or cooperative agreements with the indian health service',
'under the provisions of the indian self determination act: provided further, that funding contained herein, and in any earlier appropriations',
'acts for scholarship programs under the indian health care improvement act 25 u.s.c. 1613 shall remain available for obligation until',
'september 30, 1997: provided further, that amounts received by tribes and tribal organizations under title iv of the indian health',
'care improvement act, as amended, shall be reported and accounted for and available to the receiving tribes and tribal organizations',
'until expended. indian health facilities for construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters',
'for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of',
'trailers; and for provision of domestic and community sanitation facilities for indians, as authorized by section 7 of the act',
'of august 5, 1954 42 u.s.c. 2004a , the indian self determination act and the indian health care improvement act,',
'and for expenses necessary to carry out the act of august 5, 1954 68 stat. 674 , the indian self',
'determination act, the indian health care improvement act, and titles ii and iii of the public health service act with',
'respect to environmental health and facilities support activities of the indian health service, $238,958,000, to remain available until expended: provided,',
'that notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health facilities for',
'the benefit of an indian tribe or tribes may be used to purchase land for sites to construct, improve, or',
'enlarge health or related facilities. administrative provisions, indian health service appropriations in this act to the indian health service shall',
'be available for services as authorized by 5 u.s.c. 3109 but at rates not to exceed the per diem rate',
'equivalent to the maximum rate payable for senior level positions under 5 u.s.c. 5376; hire of passenger motor vehicles and',
'aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of modular buildings and renovation of existing facilities;',
'payments for telephone service in private residences in the field, when authorized under regulations approved by the secretary; and for',
'uniforms or allowances therefor as authorized by law 5 u.s.c. 5901 5902 ; and for expenses of attendance at meetings',
'which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved',
'conduct, supervision, or management of those functions or activities: provided, that in accordance with the provisions of the indian health',
'care improvement act, non indian patients may be extended health care at all tribally administered or indian health service facilities,',
'subject to charges, and the proceeds along with funds recovered under the federal medical care recovery act 42 u.s.c. 2651',
'53 shall be credited to the account of the facility providing the service and shall be available without fiscal year',
'limitation: provided further, that notwithstanding any other law or regulation, funds transferred from the department of housing and urban development',
'to the indian health service shall be administered under public law 86 121 the indian sanitation facilities act and public',
'law 93 638, as amended: provided further, that funds appropriated to the indian health service in this act, except those',
'used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing federal travel and transportation:',
'provided further, that the indian health service shall neither bill nor charge those indians who may have the economic means',
'to pay unless and until such time as congress has agreed upon a specific policy to do so and has',
'directed the indian health service to implement such a policy: provided further, that, notwithstanding any other provision of law, funds',
'previously or herein made available to a tribe or tribal organization through a contract, grant or agreement authorized by title',
'i of the indian self determination and education assistance act of 1975 88 stat. 2203; 25 u.s.c. 450 , may',
'be deobligated and reobligated to a self governance funding agreement under title iii of the indian self determination and education',
'assistance act of 1975 and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: provided',
'further, that none of the funds made available to the indian health service in this act shall be used to',
'implement the final rule published in the federal register on september 16, 1987, by the department of health and human',
'services, relating to eligibility for the health care services of the indian health service until the indian health service has',
'submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included',
'in an appropriations act and enacted into law: provided further, that funds made available in this act are to be',
'apportioned to the indian health service as appropriated in this act, and accounted for in the appropriation structure set forth',
'in this act: provided further, that the appropriation structure for the indian health service may not be altered without advance',
'approval of the house and senate committees on appropriations. department of education office of elementary and secondary education indian education',
'for necessary expenses to carry out, to the extent not otherwise provided, title ix, part a, subpart 1 of the',
'elementary and secondary education act of 1965, as amended, and section 215 of the department of education organization act, $52,500,000.',
'other related agencies office of navajo and hopi indian relocation salaries and expenses for necessary expenses of the office of',
'navajo and hopi indian relocation as authorized by public law 93 531, $20,345,000, to remain available until expended: provided, that',
'funds provided in this or any other appropriations act are to be used to relocate eligible individuals and groups including',
'evictees from district 6, hopi partitioned lands residents, those in significantly substandard housing, and all others certified as eligible and',
'not included in the preceding categories: provided further, that none of the funds contained in this or any other act',
'may be used by the office of navajo and hopi indian relocation to evict any single navajo or navajo family',
'who, as of november 30, 1985, was physically domiciled on the lands partitioned to the hopi tribe unless a new',
'or replacement home is provided for such household: provided further, that no relocatee will be provided with more than one',
'new or replacement home: provided further, that the office shall relocate any certified eligible relocatees who have selected and received',
'an approved homesite on the navajo reservation or selected a replacement residence off the navajo reservation or on the land',
'acquired pursuant to 25 u.s.c. 640d 10. institute of american indian and alaska native culture and arts development payment to',
'the institute for payment to the institute of american indian and alaska native culture and arts development, as authorized by',
'title xv of public law 99 498 20 u.s.c. 4401 et seq. , $5,500,000. smithsonian institution salaries and expenses for',
'necessary expenses of the smithsonian institution, as authorized by law, including research in the fields of art, science, and history;',
'development, preservation, and documentation of the national collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of',
'information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease for terms not to exceed',
'thirty years , and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5',
'u.s.c. 3109; up to 5 replacement passenger vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $311,188,000, of which',
'not to exceed $3,000,000 for voluntary incentive payments and other costs associated with employee separations pursuant to section 339 of',
'this act shall remain available until expended, and of which not to exceed $30,472,000 for the instrumentation program, collections acquisition,',
'museum support center equipment and move, exhibition reinstallation, the national museum of the american indian, the repatriation of skeletal remains',
'program, research equipment, information management, and latino programming shall remain available until expended and, including such funds as may be',
'necessary to support american overseas research centers and a total of $125,000 for the council of american overseas research centers:',
'provided, that funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official',
'smithsonian presentations. construction and improvements, national zoological park for necessary expenses of planning, construction, remodeling, and equipping of buildings and',
'facilities at the national zoological park, by contract or otherwise, $3,250,000, to remain available until expended. repair and restoration of',
'buildings for necessary expenses of repair and restoration of buildings owned or occupied by the smithsonian institution, by contract or',
'otherwise, as authorized by section 2 of the act of august 22, 1949 63 stat. 623 , including not to',
'exceed $10,000 for services as authorized by 5 u.s.c. 3109, $33,954,000, to remain available until expended: provided, that contracts awarded',
'for environmental systems, protection systems, and exterior repair or restoration of buildings of the smithsonian institution may be negotiated with',
'selected contractors and awarded on the basis of contractor qualifications as well as price. construction for necessary expenses for construction,',
'$27,700,000, to remain available until expended. national gallery of art salaries and expenses for the upkeep and operations of the',
'national gallery of art, the protection and care of the works of art therein, and administrative expenses incident thereto, as',
'authorized by the act of march 24, 1937 50 stat. 51 , as amended by the public resolution of april',
'13, 1939 public resolution 9, seventy sixth congress , including services as authorized by 5 u.s.c. 3109; payment in advance',
'when authorized by the treasurer of the gallery for membership in library, museum, and art associations or societies whose publications',
'or services are available to members only, or to members at a price lower than to the general public; purchase,',
'repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law 5',
'u.s.c. 5901 5902 ; purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration,',
'improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art',
'for the national gallery of art by contracts made, without advertising, with individuals, firms, or organizations at such rates or',
'prices and under such terms and conditions as the gallery may deem proper, $51,844,000, of which not to exceed $3,026,000',
'for the special exhibition program shall remain available until expended. repair, restoration and renovation of buildings for necessary expenses of',
'repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the national gallery of art, by contract',
'or otherwise, as authorized, $6,442,000, to remain available until expended: provided, that contracts awarded for environmental systems, protection systems, and',
'exterior repair or renovation of buildings of the national gallery of art may be negotiated with selected contractors and awarded',
'on the basis of contractor qualifications as well as price. john f. kennedy center for the performing arts operations and',
'maintenance for necessary expenses for the operation, maintenance and security of the john f. kennedy center for the performing arts,',
'$10,323,000: provided, that 40 u.s.c. 193n is hereby amended by striking the word and after the word institution and inserting',
'in lieu thereof a comma, and by inserting and the trustees of the john f. kennedy center for the performing',
'arts, after the word art,. construction for necessary expenses of capital repair and rehabilitation of the existing features of the',
'building and site of the john f. kennedy center for the performing arts, $8,983,000, to remain available until expended. woodrow',
'wilson international center for scholars salaries and expenses for expenses necessary in carrying out the provisions of the woodrow wilson',
'memorial act of 1968 82 stat. 1356 including hire of passenger vehicles and services as authorized by 5 u.s.c. 3109,',
'$5,840,000. national foundation on the arts and the humanities national endowment for the arts grants and administration for necessary expenses',
'to carry out the national foundation on the arts and the humanities act of 1965, as amended, $82,259,000, shall be',
'available to the national endowment for the arts for the support of projects and productions in the arts through assistance',
'to groups and individuals pursuant to section 5 c of the act, and for administering the functions of the act,',
'to remain available until september 30, 1997. matching grants to carry out the provisions of section 10 a 2 of',
'the national foundation on the arts and the humanities act of 1965, as amended, $17,235,000, to remain available until september',
'30, 1997, to the national endowment for the arts, of which $7,500,000 shall be available for purposes of section 5',
'p 1 : provided, that this appropriation shall be available for obligation only in such amounts as may be equal',
'to the total amounts of gifts, bequests, and devises of money, and other property accepted by the chairman or by',
'grantees of the endowment under the provisions of section 10 a 2 , subsections 11 a 2 a and 11',
'a 3 a during the current and preceding fiscal years for which equal amounts have not previously been appropriated. national',
'endowment for the humanities grants and administration for necessary expenses to carry out the national foundation on the arts and',
'the humanities act of 1965, as amended, $94,000,000, shall be available to the national endowment for the humanities for support',
'of activities in the humanities, pursuant to section 7 c of the act, and for administering the functions of the',
'act, to remain available until september 30, 1997. matching grants to carry out the provisions of section 10 a 2',
'of the national foundation on the arts and the humanities act of 1965, as amended, $16,000,000, to remain available until',
'september 30, 1997, of which $10,000,000 shall be available to the national endowment for the humanities for the purposes of',
'section 7 h : provided, that this appropriation shall be available for obligation only in such amounts as may be',
'equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the chairman or',
'by grantees of the endowment under the provisions of subsections 11 a 2 b and 11 a 3 b during',
'the current and preceding fiscal years for which equal amounts have not previously been appropriated. institute of museum services grants',
'and administration for carrying out title ii of the arts, humanities, and cultural affairs act of 1976, as amended, $21,000,000,',
'to remain available until september 30, 1997. administrative provisions none of the funds appropriated to the national foundation on the',
'arts and the humanities may be used to process any grant or contract documents which do not include the text',
'of 18 u.s.c. 1913: provided, that none of the funds appropriated to the national foundation on the arts and the',
'humanities may be used for official reception and representation expenses. commission of fine arts salaries and expenses for expenses made',
'necessary by the act establishing a commission of fine arts 40 u.s.c. 104 , $834,000. national capital arts and cultural',
'affairs for necessary expenses as authorized by public law 99 190 99 stat. 1261; 20 u.s.c. 956 a , as',
'amended, $6,000,000. advisory council on historic preservation salaries and expenses for expenses necessary for the advisory council on historic preservation,',
'$2,500,000. national capital planning commission salaries and expenses for necessary expenses, as authorized by the national capital planning act of',
'1952 40 u.s.c. 71 71i , including services as authorized by 5 u.s.c. 3109, $5,090,000: provided, that all appointed members',
'will be compensated at a rate not to exceed the rate for executive schedule level iv. franklin delano roosevelt memorial',
'commission salaries and expenses for necessary expenses of the franklin delano roosevelt memorial commission, established by the act of august',
'11, 1955 69 stat. 694 , as amended by public law 92 332 86 stat. 401 , $147,000, to remain',
'available until september 30, 1997. pennsylvania avenue development corporation public development funds made available under this heading in prior years',
'shall be available for operating and administrative expenses and for the orderly closure of the corporation, as well as operating',
'and administrative expenses for the functions transferred to the general services administration. united states holocaust memorial council holocaust memorial council',
'for expenses of the holocaust memorial council, as authorized by public law 96 388, as amended, $28,707,000; of which $1,575,000',
'for the museums repair and rehabilitation program and $1,264,000 for the museums exhibition program shall remain available until expended. title',
'iii general provisions sec. 301. the expenditure of any appropriation under this act for any consulting service through procurement 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 existing executive order issued pursuant to',
'existing law. sec. 302. no part of any appropriation under this act shall be available to the secretary of the',
'interior or the secretary of agriculture for the leasing of oil and natural gas by noncompetitive bidding on publicly owned',
'lands within the boundaries of the shawnee national forest, illinois: provided, that nothing herein is intended to inhibit or otherwise',
'affect the sale, lease, or right to access to minerals owned by private individuals. sec. 303. no part of any',
'appropriation contained in this act shall be available for any activity or the publication or distribution of literature that in',
'any way tends to promote public support or opposition to any legislative proposal on which congressional action is not complete.',
'sec. 304. 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. 305. none of the funds provided in this act to any department or',
'agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or',
'employee of such department or agency except as otherwise provided by law. sec. 306. no assessments may be levied against',
'any program, budget activity, subactivity, or project funded by this act unless notice of such assessments and the basis therefor',
'are presented to the committees on appropriations and are approved by such committees. sec. 307. a compliance with buy american',
'act. none of the funds made available in this act may be expended by an entity unless the entity agrees',
'that in expending the funds the entity will comply with sections 2 through 4 of the act of march 3,',
'1933 41 u.s.c. 10a 10c; popularly known as the buy american act . b sense of congress; requirement regarding notice.',
'1 purchase of american made equipment and products. in the case of any equipment or product that may be authorized',
'to be purchased with financial assistance provided using funds made available in this act, it is the sense of the',
'congress that entities receiving the assistance should, in expending the assistance, purchase only american made equipment and products. 2 notice',
'to recipients of assistance. in providing financial assistance using funds made available in this act, the head of each federal',
'agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph 1 by the',
'congress. c prohibition of contracts with persons falsely labeling products as made in america. if it has been finally determined',
'by a court or federal agency that any person intentionally affixed a label bearing a made in america inscription, or',
'any inscription with the same meaning, to any product sold in or shipped to the united states that is not',
'made in the united states, the person shall be ineligible to receive any contract or subcontract made with funds made',
'available in this act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title',
'48, code of federal regulations. sec. 308. none of the funds in this act may be used to plan, prepare,',
'or offer for sale timber from trees classified as giant sequoia sequoiadendron giganteum which are located on national forest system',
'or bureau of land management lands in a manner different than such sales were conducted in fiscal year 1995. sec.',
'309. none of the funds made available by this act may be obligated or expended by the national park service',
'to enter into or implement a concession contract which permits or requires the removal of the underground lunchroom at the',
'carlsbad caverns national park. sec. 310. where the actual costs of construction projects under self determination contracts, compacts, or grants,',
'pursuant to public laws 93 638, 103 413, or 100 297, are less than the estimated costs thereof, use of',
'the resulting excess funds shall be determined by the appropriate secretary after consultation with the tribes. sec. 311. notwithstanding public',
'law 103 413, quarterly payments of funds to tribes and tribal organizations under annual funding agreements pursuant to section 108',
'of public law 93 638, as amended, may be made on the first business day following the first day of',
'a fiscal quarter. sec. 312. none of funds appropriated or otherwise made available by this act may be used for',
'the americorps program, unless the relevant agencies of the department of the interior and/or agriculture follow appropriate reprogramming guidelines: provided,',
'that if no funds are provided for the americorps program by the va hud and independent agencies fiscal year 1996',
'appropriations bill, then none of the funds appropriated or otherwise made available by this act may be used for the',
'americorps programs. sec. 313. a on or before april 1, 1996, the pennsylvania avenue development corporation shall 1 transfer and',
'assign in accordance with this section all of its rights, title, and interest in and to all of the leases,',
'covenants, agreements, and easements it has executed or will execute by march 31, 1996, in carrying out its powers and',
'duties under the pennsylvania avenue development corporation act 40 u.s.c. 871 885 and the federal triangle development act 40 u.s.c.',
'1101 1109 to the general services administration, national capital planning commission, or the national park service; and 2 except as',
'provided by subsection d , transfer all rights, title, and interest in and to all property, both real and personal,',
'held in the name of the pennsylvania avenue development corporation to the general services administration. b the responsibilities of the',
'pennsylvania avenue development corporation transferred to the general services administration under subsection a include, but are not limited to, the',
'following: 1 collection of revenue owed the federal government as a result of real estate sales or lease agreements entered',
'into by the pennsylvania avenue development corporation and private parties, including, at a minimum, with respect to the following projects:',
'a the willard hotel property on square 225. b the gallery row project on square 457. c the lansburghs project',
'on square 431. d the market square north project on square 407. 2 collection of sale or lease revenue owed',
'the federal government if any in the event two undeveloped sites owned by the pennsylvania avenue development corporation on squares',
'457 and 406 are sold or leased prior to april 1, 1996. 3 application of collected revenue to repay united',
'states treasury debt incurred by the pennsylvania avenue development corporation in the course of acquiring real estate. 4 performing financial',
'audits for projects in which the pennsylvania avenue development corporation has actual or potential revenue expectation, as identified in paragraphs',
'1 and 2 , in accordance with procedures described in applicable sale or lease agreements. 5 disposition of real estate',
'properties which are or become available for sale and lease or other uses. 6 payment of benefits in accordance with',
'the uniform relocation assistance and real property acquisitions policies act of 1970 to which persons in the project area squares',
'are entitled as a result of the pennsylvania avenue development corporations acquisition of real estate. 7 carrying out the responsibilities',
'of the pennsylvania avenue development corporation under the federal triangle development act 40 u.s.c. 1101 1109 , including responsibilities for',
'managing assets and liabilities of the corporation under such act. c in carrying out the responsibilities of the pennsylvania avenue',
'development corporation transferred under this section, the administrator of the general services administration shall have the following powers: 1 to',
'acquire lands, improvements, and properties by purchase, lease or exchange, and to sell, lease, or otherwise dispose of real or',
'personal property as necessary to complete the development plan developed under section 5 of the pennsylvania avenue development corporation act',
'of 1972 40 u.s.c. 874 if a notice of intention to carry out such acquisition or disposal is first transmitted',
'to the committee on transportation and infrastructure and the committee on appropriations of the house of representatives and the committee',
'on environment and public works and the committee on appropriations of the senate and at least 60 days elapse after',
'the date of such transmission. 2 to modify from time to time the plan referred to in paragraph 1 if',
'such modification is first transmitted to the committee on transportation and infrastructure and the committee on appropriations of the house',
'of representatives and the committee on environment and public works and the committee on appropriations of the senate and at',
'least 60 days elapse after the date of such transmission. 3 to maintain any existing pennsylvania avenue development corporation insurance',
'programs. 4 to enter into and perform such leases, contracts, or other transactions with any agency or instrumentality of the',
'united states, the several states, or the district of columbia or with any person, firm, association, or corporation as may',
'be necessary to carry out the responsibilities of the pennsylvania avenue development corporation under the federal triangle development act 40',
'u.s.c. 1101 1109 . 5 to request the council of the district of columbia to close any alleys necessary for',
'the completion of development in square 457. 6 to use all of the funds transferred from the pennsylvania avenue development',
'corporation or income earned on pennsylvania avenue development corporation property to complete any pending development projects. d 1 a on',
'or before april 1, 1996, the pennsylvania avenue development corporation shall transfer all its right, title, and interest in and',
'to the property described in subparagraph b to the national park service, department of the interior. b the property referred',
'to in subparagraph a is the property located within the pennsylvania avenue national historic site depicted on a map entitled',
'pennsylvania avenue national historic park, dated june 1, 1995, and numbered 840 82441, which shall be on file and available',
'for public inspection in the offices of the national park service, department of the interior. the pennsylvania avenue national historic',
'site includes the parks, plazas, sidewalks, special lighting, trees, sculpture, and memorials. 2 jurisdiction of pennsylvania avenue and all other',
'roadways from curb to curb shall remain with the district of columbia but vendors shall not be permitted to occupy',
'street space except during temporary special events. 3 the national park service shall be responsible for management, administration, maintenance, law',
'enforcement, visitor services, resource protection, interpretation, and historic preservation at the pennsylvania avenue national historic site. 4 the national park',
'service may enter into contracts, cooperative agreements, or other transactions with any agency or instrumentality of the united states, the',
'several states, or the district of columbia or with any person, firm, association, or corporation as may be deemed necessary',
'or appropriate for the conduct of special events, festivals, concerts, or other art and cultural programs at the pennsylvania avenue',
'national historic site or may establish a nonprofit foundation to solicit funds for such activities. e notwithstanding any other provision',
'of law, the responsibility for ensuring that development or redevelopment in the pennsylvania avenue area is carried out in accordance',
'with the pennsylvania avenue development corporation plan 1974, as amended, is transferred to the national capital planning commission or its',
'successor commencing april 1, 1996. f savings provisions. 1 regulations. any regulations prescribed by the corporation in connection with the',
'pennsylvania avenue development corporation act of 1972 40 u.s.c. 871 885 and the federal triangle development act 40 u.s.c. 1101',
'1109 shall continue in effect until suspended by regulations prescribed by the administrator of the general services administration. 2 existing',
'rights, duties, and obligations not affected. subsection a shall not be construed as affecting the validity of any right, duty,',
'or obligation of the united states or any other person arising under or pursuant to any contract, loan, or other',
'instrument or agreement which was in effect on the day before the date of the transfers under subsection a .',
'3 continuation of suits. no action or other proceeding commenced by or against the corporation in connection with administration of',
'the pennsylvania avenue development corporation act of 1972 40 u.s.c. 871 885 and the federal triangle development act 40 u.s.c.',
'1101 1109 shall abate by reason of enactment and implementation of this act, except that the general services administration shall',
'be substituted for the corporation as a party to any such action or proceeding. g section 3 b of the',
'pennsylvania avenue development corporation act of 1972 40 u.s.c. 872 b is amended as follows: b the corporation shall be',
'dissolved on or before april 1, 1996. upon dissolution, assets, obligations, indebtedness, and all unobligated and unexpended balances of the',
'corporation shall be transferred in accordance with the department of the interior and related agencies appropriations act, 1996.. sec. 314.',
'no part of any appropriation contained in this act shall be obligated or expended to implement regulations or requirements that',
'regulate the use of, or actions occurring on, non federal lands as a result of the draft or final environmental',
'impact statements or records of decision for the interior columbia basin ecosystem management project. columbia basin ecosystem management project records',
'of decision will not provide the legal authority for any new formal rulemaking by any federal regulatory agency on the',
'use of private property. sec. 315. recreational fee demonstration program. a the secretary of the interior acting through the bureau',
'of land management, the national park service and the united states fish and wildlife service and the secretary of agriculture',
'acting through the forest service shall each implement a fee program to demonstrate the feasibility of user generated cost recovery',
'for the operation and maintenance of recreation areas or sites and habitat enhancement projects on federal lands. b in carrying',
'out the pilot program established pursuant to this section, the appropriate secretary shall select from areas under the jurisdiction of',
'each of the four agencies referred to in subsection a no fewer than 10, but as many as 50, areas,',
'sites or projects for fee demonstration. for each such demonstration, the secretary, notwithstanding any other provision of law 1 shall',
'charge and collect fees for admission to the area or for the use of outdoor recreation sites, facilities, visitor centers,',
'equipment, and services by individuals and groups, or any combination thereof; 2 shall establish fees under this section based upon',
'a variety of cost recovery and fair market valuation methods to provide a broad basis for feasibility testing; 3 may',
'contract, including provisions for reasonable commissions, with any public or private entity to provide visitor services, including reservations and information,',
'and may accept services of volunteers to collect fees charged pursuant to paragraph 1 ; 4 may encourage private investment',
'and partnerships to enhance the delivery of quality customer services and resource enhancement, and provide appropriate recognition to such partners',
'or investors; and 5 may assess a fine of not more than $100 for any violation of the authority to',
'collect fees for admission to the area or for the use of outdoor recreation sites, facilities, visitor centers, equipment, and',
'services. c 1 amounts collected at each fee demonstration area, site or project shall be distributed as follows: a of',
'the amount in excess of 104% of the amount collected in fiscal year 1995, and thereafter annually adjusted upward by',
'4%, eighty percent to a special account in the treasury for use without further appropriation, by the agency which administers',
'the site, to remain available for expenditures in accordance with paragraph 2 a . b of the amount in excess',
'of 104% of the amount collected in fiscal year 1995, and thereafter annually adjusted upward by 4%, twenty percent to',
'a special account in the treasury for use without further appropriation, by the agency which administers the site, to remain',
'available for expenditure in accordance with paragraph 2 b . c for agencies other than the fish and wildlife service,',
'up to 15% of current year collections of each agency, but not greater than fee collection costs for that fiscal',
'year, to remain available for expenditure without further appropriation in accordance with paragraph 2 c . d for agencies other',
'than the fish and wildlife service, the balance to the special account established pursuant to subparagraph a of section 4',
'i 1 of the land and water conservation fund act, as amended. e for the fish and wildlife service, the',
'balance shall be distributed in accordance with section 201 c of the emergency wetlands resources act. 2 a expenditures from',
'site specific special funds shall be for further activities of the area, site or project from which funds are collected,',
'and shall be accounted for separately. b expenditures from agency specific special funds shall be for use on an agency',
'wide basis and shall be accounted for separately. c expenditures from the fee collection support fund shall be used to',
'cover fee collection costs in accordance with section 4 i 1 b of the land and water conservation fund act,',
'as amended: provided, that funds unexpended and unobligated at the end of the fiscal year shall not be deposited into',
'the special account established pursuant to section 4 i 1 a of said act and shall remain available for expenditure',
'without further appropriation. 3 in order to increase the quality of the visitor experience at public recreational areas and enhance',
'the protection of resources, amounts available for expenditure under this section may only be used for the area, site or',
'project concerned, for backlogged repair and maintenance projects including projects relating to health and safety and for interpretation, signage, habitat',
'or facility enhancement, resource preservation, annual operation including fee collection , maintenance, and law enforcement relating to public use. the',
'agencywide accounts may be used for the same purposes set forth in the preceding sentence, but for areas, sites or',
'projects selected at the discretion of the respective agency head. d 1 amounts collected under this section shall not be',
'taken into account for the purposes of the act of may 23, 1908 and the act of march 1, 1911',
'16 u.s.c. 500 , the act of march 4, 1913 16 u.s.c. 501 , the act of july 22, 1937',
'7 u.s.c. 1012 , the act of august 8, 1937 and the act of may 24, 1939 43 u.s.c. 1181f',
'et seq. , the act of june 14, 1926 43 u.s.c. 869 4 , chapter 69 of title 31, united',
'states code, section 401 of the act of june 15, 1935 16 u.s.c. 715s , the land and water conservation',
'fund act of 1965 16 u.s.c. 460l , and any other provision of law relating to revenue allocation. 2 fees',
'charged pursuant to this section shall be in lieu of fees charged under any other provision of law. e the',
'secretary of the interior and the secretary of agriculture shall carry out this section without promulgating regulations. f the authority',
'to collect fees under this section shall commence on october 1, 1995, and end on september 30, 1998. funds in',
'accounts established shall remain available through september 30, 2001. sec. 316. section 2001 a 2 of public law 104 19',
'is amended as follows: strike september 30, 1997 and insert in lieu thereof december 31, 1996. sec. 317. none of',
'the funds made available in this act may be used for any program, project, or activity when it is made',
'known to the federal entity or official to which the funds are made available that the program, project, or activity',
'is not in compliance with any applicable federal law relating to risk assessment, the protection of private property rights, or',
'unfunded mandates. sec. 318. none of the funds provided in this act may be made available for the mississippi river',
'corridor heritage commission. sec. 319. great basin national park. section 3 of the great basin national park act of 1986',
'16 u.s.c. 410mm 1 is amended 1 in the first sentence of subsection e by striking shall and inserting may;',
'and 2 in subsection f a by striking at the request and inserting the following: 1 exchanges. at the request;',
'b by striking grazing permits and inserting grazing permits and grazing leases; and c by adding after federal lands. the',
'following: 2 acquisition by donation. a in general. the secretary may acquire by donation valid existing permits and grazing leases',
'authorizing grazing on land in the park. b termination. the secretary shall terminate a grazing permit or grazing lease acquired',
'under subparagraph a so as to end grazing previously authorized by the permit or lease.. sec. 320. none of the',
'funds made available in this act shall be used by the department of energy in implementing the codes and standards',
'program to propose, issue, or prescribe any new or amended standard: provided, that this section shall expire on september 30,',
'1996: provided further, that nothing in this section shall preclude the federal government from promulgating rules concerning energy efficiency standards',
'for the construction of new federally owned commercial and residential buildings. sec. 321. none of the funds made available in',
'this act may be used 1 to demolish the bridge between jersey city, new jersey, and ellis island; or 2',
'to prevent pedestrian use of such bridge, when it is made known to the federal official having authority to obligate',
'or expend such funds that such pedestrian use is consistent with generally accepted safety standards. sec. 322. a none of',
'the funds appropriated or otherwise made available pursuant to this act shall be obligated or expended to accept or process',
'applications for a patent for any mining or mill site claim located under the general mining laws. b the provisions',
'of subsection a shall not apply if the secretary of the interior determines that, for the claim concerned: 1 a',
'patent application was filed with the secretary on or before september 30, 1994, and 2 all requirements established under sections',
'2325 and 2326 of the revised statutes 30 u.s.c. 29 and 30 for vein or lode claims and sections 2329,',
'2330, 2331, and 2333 of the revised statutes 30 u.s.c. 35, 36, and 37 for placer claims, and section 2337',
'of the revised statutes 30 u.s.c. 42 for mill site claims, as the case may be, were fully complied with',
'by the applicant by that date. c processing schedule. for those applications for patents pursuant to subsection b which were',
'filed with the secretary of the interior, prior to september 30, 1994, the secretary of the interior shall 1 within',
'three months of the enactment of this act, file with the house and senate committees on appropriations and the committee',
'on resources of the house of representatives and the committee on energy and natural resources of the united states senate',
'a plan which details how the department of the interior will make a final determination as to whether or not',
'an applicant is entitled to a patent under the general mining laws on at least 90 percent of such applications',
'within five years of the enactment of this act and file reports annually thereafter with the same committees detailing actions',
'taken by the department of the interior to carry out such plan; and 2 take such actions as may be',
'necessary to carry out such plan. d mineral examinations. in order to process patent applications in a timely and responsible',
'manner, upon the request of a patent applicant, the secretary of the interior shall allow the applicant to fund a',
'qualified third party contractor to be selected by the bureau of land management to conduct a mineral examination of the',
'mining claims or mill sites contained in a patent application as set forth in subsection b . the bureau of',
'land management shall have the sole responsibility to choose and pay the third party contractor in accordance with the standard',
'procedures employed by the bureau of land management in the retention of third party contractors. sec. 323. none of the',
'funds appropriated or otherwise made available by this act may be used for the purposes of acquiring lands in the',
'counties of lawrence, monroe, or washington, ohio, for the wayne national forest. sec. 324. no part of any appropriation contained',
'in this act or any other act shall be expended or obligated to fund the activities of the office of',
'forestry and economic development after december 31, 1995. sec. 325. a for one year after enactment of this act, the',
'secretary shall continue the current tongass land management plan tlmp and may accommodate commercial tourism if an agreement is signed',
'between the forest service and the alaska visitors association except that during this period, the secretary shall maintain at least',
'the number of acres of suitable available and suitable scheduled timber lands, and allowable sale quantity as identified in the',
'preferred alternative alternative p in the tongass land and resources management plan and final environmental impact statement dated october 1992',
'as selected in the record of decision review draft 3 2/93. nothing in this paragraph shall be interpreted to mandate',
'clear cutting or require the sale of timber and nothing in this paragraph, including the asq identified in alternative p,',
'shall be construed to limit the secretarys consideration of new information or to prejudice future revision, amendment or modification of',
'tlmp based upon sound, verifiable scientific data. b if the forest service determines in a supplemental evaluation to an environmental',
'impact statement that no additional analysis under the national environmental policy act or section 810 of the alaska national interest',
'lands conservation act is necessary for any timber sale or offering which has been prepared for acceptance by, or award',
'to, a purchaser after december 31, 1988, that has been subsequently determined by the forest service to be available for',
'sale or offering to one or more other purchaser, the change of purchasers for whatever reason shall not be considered',
'a significant new circumstance, and the forest service may offer or award such timber sale or offering to a different',
'purchaser or offeree, notwithstanding any other provision of law. a determination by the forest service pursuant to this paragraph shall',
'not be subject to judicial review. c the president is authorized to suspend the provisions of subsections a or b',
', or both, if he determines that such suspension is appropriate based upon the public interest in sound environmental management,',
'or protection of any cultural, biological, or historic resources. any suspension by the president shall take effect on the date',
'of execution, and continue in effect for such period, not to extend beyond the period in which this section would',
'otherwise be in effect, as the president may determine, and shall be reported to the congress prior to public release',
'by the president. if the president suspends the provisions of subsections a or b or both, then such provisions shall',
'have no legal force or effect during such suspension. sec. 326. a land exchange. the secretary of the interior hereinafter',
'referred to as the secretary is authorized to convey to the boise cascade corporation hereinafter referred to as the corporation',
', a corporation formed under the statutes of the state of delaware, with its principal place of business at boise,',
'idaho, title to approximately seven acres of land, more or less, located in sections 14 and 23, township 36 north,',
'range 37 east, willamette meridian, stevens county, washington, further identified in the records of the bureau of reclamation, department of',
'the interior, as tract no. gc 19860, and to accept from the corporation in exchange therefor, title to approximately one',
'hundred and thirty six acres of land located in section 19, township 37 north, range 38 east and section 33,',
'township 38 north, range 37 east, willamette meridian, stevens county, washington, and further identified in the records of the bureau',
'of reclamation, department of the interior, as tract no. gc 19858 and tract no. gc 19859, respectively. b appraisal. the',
'properties so exchanged either shall be approximately equal in fair market value or if they are not approximately equal, shall',
'be equalized by the payment of cash to the corporation or to the secretary as required or in the event',
'the value of the corporations lands is greater, the acreage may be reduced so that the fair market value is',
'approximately equal: provided, that the secretary shall order appraisals made of the fair market value of each tract of land',
'included in the exchange without consideration for improvements thereon: provided further, that any cash payment received by the secretary shall',
'be covered in the reclamation fund and credited to the columbia basin project. c administrative costs. costs of conducting the',
'necessary land surveys, preparing the legal descriptions of the lands to be conveyed, performing the appraisals, and administrative costs incurred',
'in completing the exchange shall be borne by the corporation. d liability for hazardous substances. 1 the secretary shall not',
'acquire any lands under this act if the secretary determines that such lands, or any portion thereof, have become contaminated',
'with hazardous substances as defined in the comprehensive environmental response, compensation, and liability act 42 u.s.c. 9601 . 2 notwithstanding',
'any other provision of law, the united states shall have no responsibility or liability with respect to any hazardous wastes',
'or other substances placed on any of the lands covered by this act after their transfer to the ownership of',
'any party, but nothing in this act shall be construed as either diminishing or increasing any responsibility or liability of',
'the united states based on the condition of such lands on the date of their transfer to the ownership of',
'another party. the corporation shall indemnify the united states for liabilities arising under the comprehensive environmental response, compensation, and liability',
'act 42 u.s.c. 9601 , and the resource conservation recovery act 42 u.s.c. 6901 et seq. . e authorization of',
'appropriations. there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this',
'act. sec. 327. timber sales pipeline restoration funds. a the secretary of agriculture and the secretary of the interior shall',
'each establish a timber sales pipeline restoration fund hereinafter agriculture fund and interior fund or funds . any revenues received',
'from sales released under section 2001 k of the fiscal year 1995 supplemental appropriations for disaster assistance and rescissions act,',
'minus the funds necessary to make payments to states or local governments under other law concerning the distribution of revenues',
'derived from the affected lands, which are in excess of $37,500,000 hereinafter excess revenues shall be deposited into the funds.',
'the distribution of excess revenues between the agriculture fund and interior fund shall be calculated by multiplying the total of',
'excess revenues times a fraction with a denominator of the total revenues received from all sales released under such section',
'2001 k and numerators of the total revenues received from such sales on lands within the national forest system and',
'the total revenues received from such sales on lands administered by the bureau of land management, respectively: provided, that revenues',
'or portions thereof from sales released under such section 2001 k , minus the amounts necessary for state and local',
'government payments and other necessary deposits, may be deposited into the funds immediately upon receipt thereof and subsequently redistributed between',
'the funds or paid into the united states treasury as miscellaneous receipts as may be required when the calculation of',
'excess revenues is made. b 1 from the funds deposited into the agriculture fund and into the interior fund pursuant',
'to subsection a a seventy five percent shall be available, without fiscal year limitation or further appropriation, for preparation of',
'timber sales, other than salvage sales as defined in section 2001 a 3 of the fiscal year 1995 supplemental appropriations',
'for disaster assistance and rescissions act, which i are situated on lands within the national forest system and lands administered',
'by the bureau of land management, respectively; and ii are in addition to timber sales for which funds are otherwise',
'available in this act or other appropriations acts; and b twenty five percent shall be available, without fiscal year limitation',
'or further appropriation, to expend on the backlog of recreation projects on lands within the national forest system and lands',
'administered by the bureau of land management, respectively. 2 expenditures under this subsection for preparation of timber sales may include',
'expenditures for forest service activities within the forest land management budget line item and associated timber roads, and bureau of',
'land management activities within the oregon and california grant lands account and the forestry management area account, as determined by',
'the secretary concerned. c revenues received from any timber sale prepared under subsection b or under this subsection, minus the',
'amounts necessary for state and local government payments and other necessary deposits, shall be deposited into the fund from which',
'funds were expended on such sale. such deposited revenues shall be available for preparation of additional timber sales and completion',
'of additional recreation projects in accordance with the requirements set forth in subsection b . d the secretary concerned shall',
'terminate all payments into the agriculture fund or the interior fund, and pay any unobligated funds in the affected fund',
'into the united states treasury as miscellaneous receipts, whenever the secretary concerned makes a finding, published in the federal register,',
'that sales sufficient to achieve the total allowable sales quantity of the national forest system for the forest service or',
'the allowable sales level for the oregon and california grant lands for the bureau of land management, respectively, have been',
'prepared. e any timber sales prepared and recreation projects completed under this section shall comply with all applicable environmental and',
'natural resource laws and regulations. f the secretary concerned shall report annually to the committees on appropriations of the united',
'states senate and the house of representatives on expenditures made from the fund for timber sales and recreation projects, revenues',
'received into the fund from timber sales, and timber sale preparation and recreation project work undertaken during the previous year',
'and projected for the next year under the fund. such information shall be provided for each forest service region and',
'bureau of land management state office. g the authority of this section shall terminate upon the termination of both funds',
'in accordance with the provisions of subsection d . sec. 328. of the funds provided to the national endowment for',
'the arts: a the chairperson shall only award a grant to an individual if such grant is awarded to such',
'individual for a literature fellowship, national heritage fellowship, or american jazz masters fellowship. b the chairperson shall establish procedures to',
'ensure that no funding provided through a grant, except a grant made to a state or regional group, may be',
'used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient.',
'nothing in this subsection shall prohibit payments made in exchange for goods and services. c no grant shall be used',
'for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs',
'and/or projects. sec. 329. delay in implementation of the administrations rangeland reform program. none of the funds made available under',
'this or any other act may be used to implement or enforce the final rule published by the secretary of',
'the interior on february 22, 1995 60 fed. reg. 9894 , making amendments to parts 4, 1780, and 4100 of',
'title 43, code of federal regulations, to take effect august 21, 1995, until november 21, 1995. none of the funds',
'made available under this or any other act may be used to publish proposed or enforce final regulations governing the',
'management of livestock grazing on lands administered by the forest service until november 21, 1995. sec. 330. section 1864 of',
'title 18, united states code, is amended 1 in subsection b a in paragraph 2 , by striking twenty and',
'inserting 40; b in paragraph 3 , by striking ten and inserting 20; c in paragraph 4 , by striking',
'if damage exceeding $10,000 to the property of any individual results, and inserting if damage to the property of any',
'individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate,; and d in paragraph 4 ,',
'by striking ten and inserting 20; 2 in subsection c by striking ten and inserting 20; 3 in subsection d',
', by a striking and at the end of paragraph 2 ; b striking the period at the end of',
'paragraph 3 and inserting ; and; and c adding at the end the following: 4 the term avoidance costs means',
'costs incurred by any individual for the purpose of a detecting a hazardous or injurious device; or b preventing death,',
'serious bodily injury, bodily injury, or property damage likely to result from the use of a hazardous or injurious device',
'in violation of subsection a . ; and 4 by adding at the end thereof the following: e any person',
'injured as the result of a violation of subsection a may commence a civil action on his own behalf against',
'any person who is alleged to be in violation of subsection a . the district courts shall have jurisdiction, without',
'regard to the amount in controversy or the citizenship of the parties, in such civil actions. the court may award,',
'in addition to monetary damages for any injury resulting from an alleged violation of subsection a , costs of litigation,',
'including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing party, whenever the court determines such award',
'is appropriate.. sec. 331. a purposes of national endowment for the arts. section 2 of the national foundation on the',
'arts and the humanities act of 1965, as amended 20 u.s.c. 951 , sets out findings and purposes for which',
'the national endowment for the arts was established, among which are 1 the arts and humanities belong to all the',
'people of the united states; 2 the arts and humanities reflect the high place accorded by the american people .',
'. . to the fostering of mutual respect for the diverse beliefs and values of all persons and groups; 3',
'public funding of the arts and humanities is subject to the conditions that traditionally govern the use of public money',
'and such funding should contribute to public support and confidence in the use of taxpayer funds; and 4 public funds',
'provided by the federal government must ultimately serve public purposes the congress defines. b additional congressional findings. congress further finds',
'and declares that the use of scarce funds, which have been taken from all taxpayers of the united states, to',
'promote, disseminate, sponsor, or produce any material or performance that 1 denigrates the religious objects or religious beliefs of the',
'adherents of a particular religion, or 2 depicts or describes, in a patently offensive way, sexual or excretory activities or',
'organs, is contrary to the express purposes of the national foundation on the arts and the humanities act of 1965,',
'as amended. c prohibition on funding that is not consistent with the purposes of the act. notwithstanding any other provision',
'of law, none of the scarce funds which have been taken from all taxpayers of the united states and made',
'available under this act to the national endowment for the arts may be used to promote, disseminate, sponsor, or produce',
'any material or performance that 1 denigrates the religious objects or religious beliefs of the adherents of a particular religion,',
'or 2 depicts or describes, in a patently offensive way, sexual or excretory activities or organs, and this prohibition shall',
'be strictly applied without regard to the content or viewpoint of the material or performance. d section not to affect',
'other works. nothing in this section shall be construed to affect in any way the freedom of any artist or',
'performer to create any material or performance using funds which have not been made available under this act to the',
'national endowment for the arts. sec. 332. for purposes related to the closure of the bureau of mines, funds made',
'available to the united states geological survey, the united states bureau of mines, and the bureau of land management shall',
'be available for transfer, with the approval of the secretary of the interior, among the following accounts: united states geological',
'survey, surveys, investigations, and research; bureau of mines, mines and minerals; and bureau of land management, management of lands and',
'resources. the secretary of energy shall reimburse the secretary of the interior, in an amount to be determined by the',
'director of the office of management and budget, for the expenses of the transferred functions between october 1, 1995 and',
'the effective date of the transfers of function. such transfers shall be subject to the reprogramming guidelines of the house',
'and senate committees on appropriations. sec. 333. no funds appropriated under this or any other act shall be used to',
'review or modify sourcing areas previously approved under section 490 c 3 of the forest resources conservation and shortage relief',
'act of 1990 public law 101 382 or to enforce or implement federal regulations 36 cfr part 223 promulgated on',
'september 8, 1995. the regulations and interim rules in effect prior to september 8, 1995 36 cfr 223.48, 36 cfr',
'223.87, 36 cfr 223 subpart d, 36 cfr 223 subpart f, and 36 cfr 261.6 shall remain in effect. the',
'secretary of agriculture or the secretary of the interior shall not adopt any policies concerning public law 101 382 or',
'existing regulations that would restrain domestic transportation or processing of timber from private lands or impose additional accountability requirements on',
'any timber. the secretary of commerce shall extend until september 30, 1996, the order issued under section 491 b 2',
'a of public law 101 382 and shall issue an order under section 491 b 2 b of such law',
'that will be effective october 1, 1996. sec. 334. the national park service, in accordance with the memorandum of agreement',
'between the united states national park service and the city of vancouver dated november 4, 1994, shall permit general aviation',
'on its portion of pearson field in vancouver, washington until the year 2022, during which time a plan and method',
'for transitioning from general aviation aircraft to historic aircraft shall be completed; such transition to be accomplished by that date.',
'this action shall not be construed to limit the authority of the federal aviation administration over air traffic control or',
'aviation activities at pearson field or limit operations and airspace of portland international airport. sec. 335. the united states forest',
'service approval of alternative site 2 alt 2 , issued on december 6, 1993, is hereby authorized and approved and',
'shall be deemed to be consistent with, and permissible under, the terms of public law 100 696 the arizona idaho',
'conservation act of 1988 . sec. 336. none of the funds made available to the department of the interior or',
'the department of agriculture by this or any other act may be used to issue or implement final regulations, rules,',
'or policies pursuant to title viii of the alaska national interest lands conservation act to assert jurisdiction, management, or control',
'over navigable waters transferred to the state of alaska pursuant to the submerged lands act of 1953 or the alaska',
'statehood act of 1959. sec. 337. directs the department of the interior to transfer to the daughters of the american',
'colonists a plaque in the possession of the national park service. the park service currently has this plaque in storage',
'and this provision provides for its return to the organization that originally placed the plaque on the great southern hotel',
'in saint louis, missouri in 1933 to mark the site of fort san carlos. sec. 338. upon enactment of this',
'act, all funds obligated in fiscal year 1996 under salaries and expenses, pennsylvania avenue development corporation are to be offset',
'by unobligated balances made available under this act under the account public development, pennsylvania avenue development corporation and all funds',
'obligated in fiscal year 1996 under international forestry, forest service are to be offset, as appropriate, by funds made available',
'under this act under the accounts forest research, state and private forestry, national forest system, and construction in the forest',
'service. sec. 339. a notwithstanding any other provision of law, in order to avoid or minimize the need for involuntary',
'separations due to a reduction in force, reorganizations, transfer of function, or other similar action, the secretary of the smithsonian',
'institution may pay, or authorize the payment of, voluntary separation incentive payments to smithsonian institution employees who separate from federal',
'service voluntarily through october 1, 1996 whether by retirement or resignation . b a voluntary separation incentive payment 1 shall',
'be paid in a lump sum after the employees separation in an amount to be determined by the secretary, but',
'shall not exceed $25,000; and 2 shall not be a basis for payment, and shall not be included in the',
'computation, of any other type of benefit. c 1 an employee who has received a voluntary separation incentive payment under',
'this section and accepts employment with any agency or instrumentality of the united states within 5 years after the date',
'of the separation on which the payment is based shall be required to repay the entire amount of the incentive',
'payment to the smithsonian institution. 2 the repayment required by paragraph 1 may be waived only by the secretary. d',
'in addition to any other payments which it is required to make under subchapter iii of chapter 83 of title',
'5, united states code, the smithsonian shall remit to the office of personnel management for deposit in the treasury of',
'the united states to the credit of the civil service retirement and disability fund an amount equal to 15 percent',
'of the final basic pay of each employee of the smithsonian to whom a voluntary separation incentive payment has been',
'paid. this act may be cited as the department of the interior and related agencies appropriations act, 1996. d for',
'programs, projects or activities in the departments of labor, health and human services, and education, and related agencies appropriations act,',
'1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations act:',
'an act making appropriations for the departments of labor, health and human services, and education, and related agencies, for the',
'fiscal year ending september 30, 1996 and for other purposes title i department of labor employment and training administration training',
'and employment services for expenses necessary to carry into effect the job training partnership act, as amended, including the purchase',
'and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of',
'real property for training centers as authorized by the job training partnership act; title ii of the civil rights act',
'of 1991; the women in apprenticeship and nontraditional occupations act; national skill standards act of 1994; and the school to',
'work opportunities act; $4,146,278,000 plus reimbursements, of which $3,226,559,000 is available for obligation for the period july 1, 1996 through',
'june 30, 1997; of which $121,467,000 is available for the period july 1, 1996 through june 30, 1999 for necessary',
'expenses of construction, rehabilitation, and acquisition of job corps centers; and of which $170,000,000 shall be available from july 1,',
'1996 through september 30, 1997, for carrying out activities of the school to work opportunities act: provided, that $52,502,000 shall',
'be for carrying out section 401 of the job training partnership act, $69,285,000 shall be for carrying out section 402',
'of such act, $7,300,000 shall be for carrying out section 441 of such act, $8,000,000 shall be for all activities',
'conducted by and through the national occupational information coordinating committee under such act, $850,000,000 shall be for carrying out title',
'ii, part a of such act, $126,672,000 shall be for carrying out title ii, part c of such act and',
'$2,500,000 shall be available for obligation from october 1, 1995 through september 30, 1996 to support short term training and',
'employment related activities incurred by the organizer of the 1996 paralympic games: provided further, that no funds from any other',
'appropriation shall be used to provide meal services at or for job corps centers: provided further, that notwithstanding any other',
'provision of law, the secretary of labor may waive any of the requirements contained in sections 4, 104, 105, 107,',
'108, 121, 164, 204, 253, 254, 264, 301, 311, 313, 314, and 315 of the job training partnership act in',
'order to assist states in improving state workforce development systems, pursuant to a request submitted by a state that has',
'prior to the date of enactment of this act executed a memorandum of understanding with the united states requiring such',
'state to meet agreed upon outcomes: provided further, that funds used from this act to carry out title iii of',
'the job training partnership act shall not be subject to the limitation contained in subsection b of section 315 of',
'such act; that the waiver allowing a reduction in the cost limitation relating to retraining services described in subsection a',
'2 of such section 315 may be granted with respect to funds from this act if a substate grantee demonstrates',
'to the governor that such waiver is appropriate due to the availability of low cost retraining services, is necessary to',
'facilitate the provision of needs related payments to accompany long term training, or is necessary to facilitate the provision of',
'appropriate basic readjustment services and that funds used from this act to carry out the secretarys discretionary grants under part',
'b of such title iii may be used to provide needs related payments to participants who, in lieu of meeting',
'the requirements relating to enrollment in training under section 314 e of such act, are enrolled in training by the',
'end of the sixth week after funds have been awarded: provided further, that service delivery areas may transfer funding provided',
'herein under authority of titles ii b and ii c of the job training partnership act between the programs authorized',
'by those titles of that act, if such transfer is approved by the governor: provided further, that service delivery areas',
'and substate areas may transfer funding provided herein under authority of title ii a and title iii of the job',
'training partnership act between the programs authorized by those titles of the act, if such transfer is approved by the',
'governor: provided further, that, notwithstanding any other provision of law, any proceeds from the sale of job corps center facilities',
'shall be retained by the secretary of labor to carry out the job corps program. community service employment for older',
'americans to carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations',
'under paragraph 1 a of section 506 a of title v of the older americans act of 1965, as amended,',
'or to carry out older worker activities as subsequently authorized, $290,940,000. to carry out the activities for grants to states',
'under paragraph 3 of section 506 a of title v of the older americans act of 1965, as amended, or',
'to carry out older worker activities as subsequently authorized, $82,060,000. federal unemployment benefits and allowances for payments during the current',
'fiscal year of trade adjustment benefit payments and allowances under part i, and for training, for allowances for job search',
'and relocation, and for related state administrative expenses under part ii, subchapters b and d, chapter 2, title ii of',
'the trade act of 1974, as amended, $346,100,000, together with such amounts as may be necessary to be charged to',
'the subsequent appropriation for payments for any period subsequent to september 15 of the current year. state unemployment insurance and',
'employment service operations for activities authorized by the act of june 6, 1933, as amended 29 u.s.c. 49 49l 1;',
'39 u.s.c. 3202 a 1 e ; title iii of the social security act, as amended 42 u.s.c. 502 504',
'; necessary administrative expenses for carrying out 5 u.s.c. 8501 8523, and sections 225, 231 235, 243 244, and 250',
'd 1 , 250 d 3 , title ii of the trade act of 1974, as amended; as authorized by',
'section 7c of the act of june 6, 1933, as amended, necessary administrative expenses under sections 101 a 15 h',
', 212 a 5 a , m 2 and 3 , n 1 , and 218 g 1 , 2',
', and 3 , and 258 c of the immigration and nationality act, as amended 8 u.s.c. 1101 et seq.',
'; necessary administrative expenses to carry out section 221 a of the immigration act of 1990, $135,328,000, together with not',
'to exceed $3,102,194,000 including not to exceed $1,653,000 which may be used for amortization payments to states which had independent',
'retirement plans in their state employment service agencies prior to 1980, and including not to exceed $2,000,000 which may be',
'obligated in contracts with non state entities for activities such as occupational and test research activities which benefit the federal',
'state employment service system , which may be expended from the employment security administration account in the unemployment trust fund,',
'and of which the sums available in the allocation for activities authorized by title iii of the social security act,',
'as amended 42 u.s.c. 502 504 , and the sums available in the allocation for necessary administrative expenses for carrying',
'out 5 u.s.c. 8501 8523, shall be available for obligation by the states through december 31, 1996, except that funds',
'used for automation acquisitions shall be available for obligation by states through september 30, 1998; and of which $133,452,000, together',
'with not to exceed $738,283,000 of the amount which may be expended from said trust fund shall be available for',
'obligation for the period july 1, 1996, through june 30, 1997, to fund activities under the act of june 6,',
'1933, as amended, including the cost of penalty mail made available to states in lieu of allotments for such purpose,',
'and of which $216,333,000 shall be available only to the extent necessary for additional state allocations to administer unemployment compensation',
'laws to finance increases in the number of unemployment insurance claims filed and claims paid or changes in a state',
'law: provided, that to the extent that the average weekly insured unemployment awiu for fiscal year 1996 is projected by',
'the department of labor to exceed 2.785 million, an additional $28,600,000 shall be available for obligation for every 100,000 increase',
'in the awiu level including a pro rata amount for any increment less than 100,000 from the employment security administration',
'account of the unemployment trust fund: provided further, that funds appropriated in this act which are used to establish a',
'national one stop career center network may be obligated in contracts, grants or agreements with non state entities: provided further,',
'that funds appropriated under this act for activities authorized under the wagner peyser act, as amended, and title iii of',
'the social security act, may be used by the states to fund integrated employment service and unemployment insurance automation efforts,',
'notwithstanding cost allocation principles prescribed under office of management and budget circular a 87. advances to the unemployment trust fund',
'and other funds for repayable advances to the unemployment trust fund as authorized by sections 905 d and 1203 of',
'the social security act, as amended, and to the black lung disability trust fund as authorized by section 9501 c',
'1 of the internal revenue code of 1954, as amended; and for nonrepayable advances to the unemployment trust fund as',
'authorized by section 8509 of title 5, united states code, and section 104 d of public law 102 164, and',
'section 5 of public law 103 6, and to the federal unemployment benefits and allowances account, to remain available until',
'september 30, 1997, $369,000,000. in addition, for making repayable advances to the black lung disability trust fund in the current',
'fiscal year after september 15, 1996, for costs incurred by the black lung disability trust fund in the current fiscal',
'year, such sums as may be necessary. advances to the employment security administration account of the unemployment trust fund rescission',
'amounts remaining unobligated under this heading as of september 30, 1995, are hereby rescinded. payments to the unemployment trust fund',
'and other funds rescission of the amounts remaining unobligated under this heading as of september 30, 1995, $266,000,000 are hereby',
'rescinded. program administration for expenses of administering employment and training programs and for carrying out section 908 of the social',
'security act, $83,054,000, together with not to exceed $40,793,000, which may be expended from the employment security administration account in',
'the unemployment trust fund. pension and welfare benefits administration salaries and expenses for necessary expenses for pension and welfare benefits',
'administration, $67,497,000. pension benefit guaranty corporation pension benefit guaranty corporation fund the pension benefit guaranty corporation is authorized to make',
'such expenditures, including financial assistance authorized by section 104 of public law 96 364, within limits of funds and borrowing',
'authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to',
'fiscal year limitations as provided by section 104 of the government corporation control act, as amended 31 u.s.c. 9104 ,',
'as may be necessary in carrying out the program through september 30, 1996, for such corporation: provided, that not to',
'exceed $10,603,000 shall be available for administrative expenses of the corporation: provided further, that expenses of such corporation in connection',
'with the collection of premiums, the termination of pension plans, for the acquisition, protection or management, and investment of trust',
'assets, and for benefits administration services shall be considered as non administrative expenses for the purposes hereof, and excluded from',
'the above limitation. employment standards administration salaries and expenses for necessary expenses for the employment standards administration, including reimbursement to',
'state, federal, and local agencies and their employees for inspection services rendered, $265,637,000, together with $1,007,000 which may be expended',
'from the special fund in accordance with sections 39 c and 44 j of the longshore and harbor workers compensation',
'act: provided, that the secretary of labor is authorized to accept, retain, and spend, until expended, in the name of',
'the department of labor, all sums of money ordered to be paid to the secretary of labor, in accordance with',
'the terms of the consent judgment in civil action no. 91 0027 of the united states district court for the',
'district of the northern mariana islands may 21, 1992 : provided further, that the secretary of labor is authorized to',
'establish and, in accordance with 31 u.s.c. 3302, collect and deposit in the treasury fees for processing applications and issuing',
'certificates under sections 11 d and 14 of the fair labor standards act of 1938, as amended 29 u.s.c. 211',
'd and 214 and for processing applications and issuing registrations under title i of the migrant and seasonal agricultural worker',
'protection act, 29 u.s.c. 1801 et seq. special benefits including transfer of funds for the payment of compensation, benefits, and',
'expenses except administrative expenses accruing during the current or any prior fiscal year authorized by title 5, chapter 81 of',
'the united states code; continuation of benefits as provided for under the head civilian war benefits in the federal security',
'agency appropriation act, 1947; the employees compensation commission appropriation act, 1944; and sections 4 c and 5 f of the',
'war claims act of 1948 50 u.s.c. app. 2012 ; and 50 per centum of the additional compensation and benefits',
'required by section 10 h of the longshore and harbor workers compensation act, as amended, $218,000,000 together with such amounts',
'as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits',
'for any period subsequent to august 15 of the current year: provided, that such sums as are necessary may be',
'used under section 8104 of title 5, united states code, by the secretary to reimburse an employer, who is not',
'the employer at the time of injury, for portions of the salary of a reemployed, disabled beneficiary: provided further, that',
'balances of reimbursements unobligated on september 30, 1995, shall remain available until expended for the payment of compensation, benefits, and',
'expenses: provided further, that in addition there shall be transferred to this appropriation from the postal service and from any',
'other corporation or instrumentality required under section 8147 c of title 5, united states code, to pay an amount for',
'its fair share of the cost of administration, such sums as the secretary of labor determines to be the cost',
'of administration for employees of such fair share entities through september 30, 1996: provided further, that of those funds transferred',
'to this account from the fair share entities to pay the cost of administration, $19,383,000 shall be made available to',
'the secretary of labor for expenditures relating to capital improvements in support of federal employees compensation act administration, and the',
'balance of such funds shall be paid into the treasury as miscellaneous receipts: provided further, that the secretary may require',
'that any person filing a notice of injury or a claim for benefits under subchapter 5, u.s.c., chapter 81, or',
'under subchapter 33, u.s.c. 901, et seq. the longshore and harbor workers compensation act, as amended , provide as part',
'of such notice and claim, such identifying information including social security account number as such regulations may prescribe. black lung',
'disability trust fund including transfer of funds for payments from the black lung disability trust fund, $996,763,000, of which $949,494,000',
'shall be available until september 30, 1997, for payment of all benefits as authorized by section 9501 d 1 ,',
'2 , 4 , and 7 , of the internal revenue code of 1954, as amended, and interest on advances',
'as authorized by section 9501 c 2 of that act, and of which $27,350,000 shall be available for transfer to',
'employment standards administration, salaries and expenses, and $19,621,000 for transfer to departmental management, salaries and expenses, and $298,000 for transfer',
'to departmental management, office of inspector general, for expenses of operation and administration of the black lung benefits program as',
'authorized by section 9501 d 5 a of that act: provided, that in addition, such amounts as may be necessary',
'may be charged to the subsequent year appropriation for the payment of compensation, interest, or other benefits for any period',
'subsequent to august 15 of the current year: provided further, that in addition such amounts shall be paid from this',
'fund into miscellaneous receipts as the secretary of the treasury determines to be the administrative expenses of the department of',
'the treasury for administering the fund during the current fiscal year, as authorized by section 9501 d 5 b of',
'that act. occupational safety and health administration salaries and expenses for necessary expenses for the occupational safety and health administration,',
'$304,984,000 including not to exceed $68,295,000 which shall be the maximum amount available for grants to states under section 23',
'g of the occupational safety and health act, which grants shall be no less than fifty percent of the costs',
'of state occupational safety and health programs required to be incurred under plans approved by the secretary under section 18',
'of the occupational safety and health act of 1970; and, in addition, notwithstanding 31 u.s.c. 3302, the occupational safety and',
'health administration may retain up to $750,000 per fiscal year of training institute course tuition fees, otherwise authorized by law',
'to be collected, and may utilize such sums for occupational safety and health training and education grants: provided, that none',
'of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard,',
'rule, regulation, or order under the occupational safety and health act of 1970 which is applicable to any person who',
'is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees:',
'provided further, that no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard,',
'rule, regulation, or order under the occupational safety and health act of 1970 with respect to any employer of ten',
'or fewer employees who is included within a category having an occupational injury lost workday case rate, at the most',
'precise standard industrial classification code for which such data are published, less than the national average rate as such rates',
'are most recently published by the secretary, acting through the bureau of labor statistics, in accordance with section 24 of',
'that act 29 u.s.c. 673 , except 1 to provide, as authorized by such act, consultation, technical assistance, educational and',
'training services, and to conduct surveys and studies; 2 to conduct an inspection or investigation in response to an employee',
'complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are',
'not corrected within a reasonable abatement period and for any willful violations found; 3 to take any action authorized by',
'such act with respect to imminent dangers; 4 to take any action authorized by such act with respect to health',
'hazards; 5 to take any action authorized by such act with respect to a report of an employment accident which',
'is fatal to one or more employees or which results in hospitalization of two or more employees, and to take',
'any action pursuant to such investigation authorized by such act; and 6 to take any action authorized by such act',
'with respect to complaints of discrimination against employees for exercising rights under such act: provided further, that the foregoing proviso',
'shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor',
'camp and employs ten or fewer employees. mine safety and health administration salaries and expenses for necessary expenses for the',
'mine safety and health administration, $196,673,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and',
'first aid work, and the hire of passenger motor vehicles; the secretary is authorized to accept lands, buildings, equipment, and',
'other contributions from public and private sources and to prosecute projects in cooperation with other agencies, federal, state, or private;',
'the mine safety and health administration is authorized to promote health and safety education and training in the mining community',
'through cooperative programs with states, industry, and safety associations; and any funds available to the department may be used, with',
'the approval of the secretary, to provide for the costs of mine rescue and survival operations in the event of',
'a major disaster: provided, that none of the funds appropriated under this paragraph shall be obligated or expended to carry',
'out section 115 of the federal mine safety and health act of 1977 or to carry out that portion of',
'section 104 g 1 of such act relating to the enforcement of any training requirements, with respect to shell dredging,',
'or with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. bureau of labor',
'statistics salaries and expenses for necessary expenses for the bureau of labor statistics, including advances or reimbursements to state, federal,',
'and local agencies and their employees for services rendered, $293,181,000, of which $11,549,000 shall be for expenses of revising the',
'consumer price index and shall remain available until september 30, 1997, together with not to exceed $51,278,000, which may be',
'expended from the employment security administration account in the unemployment trust fund. departmental management salaries and expenses for necessary expenses',
'for departmental management, including the hire of three sedans, and including up to $4,358,000 for the presidents committee on employment',
'of people with disabilities, $141,047,000; together with not to exceed $303,000, which may be expended from the employment security administration',
'account in the unemployment trust fund: provided, that no funds made available by this act may be used by the',
'solicitor of labor to participate in a review in any united states court of appeals of any decision made by',
'the benefits review board under section 21 of the longshore and harbor workers compensation act 33 u.s.c. 921 where such',
'participation is precluded by the decision of the united states supreme court in director, office of workers compensation programs v.',
'newport news shipbuilding, 115 s. ct. 1278, 1995 : provided further, that no funds made available by this act may',
'be used by the secretary of labor after september 12, 1996, to review a decision under the longshore and harbor',
'workers compensation act 33 u.s.c. 901 et seq. that has been appealed and that has been pending before the benefits',
'review board for more than 12 months, except as otherwise specified herein: provided further, that any such decision pending a',
'review by the benefits review board for more than one year shall, if not acted upon by the board before',
'september 12, 1996, be considered affirmed by the benefits review board on that date, and shall be considered the final',
'order of the board for purposes of obtaining a review in the united states courts of appeals: provided further, that',
'beginning on september 13, 1996, the benefits review board shall make a decision on an appeal of a decision under',
'the longshore and harbor workers compensation act 33 u.s.c. 901 et seq. not later than 1 year after the date',
'the appeal to the benefits review board was filed; however, if the benefits review board fails to make a decision',
'within the 1 year period, the decision under review shall be considered the final order of the board for purposes',
'of obtaining a review in the united states courts of appeals: provided further, that these provisions shall not be applicable',
'to the review of any decision issued under the black lung benefits act 30 u.s.c. 901 et seq. . beginning',
'on september 13, 1996, in any appeal to the benefits review board that has been pending for one year, the',
'petitioner may elect to maintain the proceeding before the benefits review board for a period of 60 days. such election',
'shall be filed with the board no later than 30 days prior to the end of the one year period.',
'if no decision is rendered during this 60 day period, the decision under review shall be considered affirmed by the',
'board on the last day of such period, and shall be considered the final order of the board for purposes',
'of obtaining a review in the united states courts of appeals. working capital fund the language under this heading in',
'public law 85 67, as amended, is further amended by adding the following before the last period: : provided further,',
'that within the working capital fund, there is established an investment in reinvention fund irf , which shall be available',
'to invest in projects of the department designed to produce measurable improvements in agency efficiency and significant taxpayer savings. notwithstanding',
'any other provision of law, the secretary of labor may retain up to $3,900,000 of the unobligated balances in the',
'departments annual salaries and expenses accounts as of september 30, 1995, and transfer those amounts to the irf to provide',
'the initial capital for the irf, to remain available until expended, to make loans to agencies of the department for',
'projects designed to enhance productivity and generate cost savings. such loans shall be repaid to the irf no later than',
'september 30 of the fiscal year following the fiscal year in which the project is completed. such repayments shall be',
'deposited in the irf, to be available without further appropriation action. assistant secretary for veterans employment and training not to',
'exceed $170,390,000 may be derived from the employment security administration account in the unemployment trust fund to carry out the',
'provisions of 38 u.s.c. 4100 4110a and 4321 4327, and public law 103 353, and which shall be available for',
'obligation by the states through december 31, 1996. office of inspector general for salaries and expenses of the office of',
'inspector general in carrying out the provisions of the inspector general act of 1978, as amended, $44,426,000, together with not',
'to exceed $3,615,000, which may be expended from the employment security administration account in the unemployment trust fund. general provisions',
'sec. 101. none of the funds appropriated in this title for the job corps shall be used to pay the',
'compensation of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess',
'of $125,000. sec. 102. none of the funds made available in this act may be used by the occupational safety',
'and health administration directly or through section 23 g of the occupational safety and health act to promulgate or issue',
'any proposed or final standard or guideline regarding ergonomic protection. nothing in this section shall be construed to limit the',
'occupational safety and health administration from conducting any peer reviewed risk assessment activity regarding ergonomics, including conducting peer reviews of',
'the scientific basis for establishing any standard or guideline, direct or contracted research, or other activity necessary to fully establish',
'the scientific basis for promulgating any standard or guideline on ergonomic protection. transfer of funds sec. 103. not to exceed',
'1 percent of any appropriation made available for the current fiscal year for the department of labor in this act',
'may be transferred between such appropriations, but no such appropriation shall be increased by more than 3 percent by any',
'such transfers: provided, that the appropriations committees of both houses of congress are notified at least fifteen days in advance',
'of any transfers. sec. 104. funds shall be available for carrying out title iv b of the job training partnership',
'act, notwithstanding section 427 c of that act, if a job corps center fails to meet national performance standards established',
'by the secretary. this title may be cited as the department of labor appropriations act, 1996. title ii department of',
'health and human services health resources and services administration health resources and services for carrying out titles ii, iii, vii,',
'viii, x, xvi, xix, and xxvi of the public health service act, section 427 a of the federal coal mine',
'health and safety act, title v of the social security act, the health care quality improvement act of 1986, as',
'amended, public law 101 527, and the native hawaiian health care act of 1988, as amended, $3,077,857,000, of which $391,700,000',
'shall be for part a of title xxvi of the public health service act and $260,847,000 shall be for part',
'b of title xxvi of the public health service act, and of which $411,000 shall remain available until expended for',
'interest subsidies on loan guarantees made prior to fiscal year 1981 under part b of title vii of the public',
'health service act: provided, that the division of federal occupational health may utilize personal services contracting to employ professional management/administrative,',
'and occupational health professionals: provided further, that of the funds made available under this heading, $858,000 shall be available until',
'expended for facilities renovations at the gillis w. long hansens disease center: provided further, that in addition to fees authorized',
'by section 427 b of the health care quality improvement act of 1986, fees shall be collected for the full',
'disclosure of information under the act sufficient to recover the full costs of operating the national practitioner data bank, and',
'shall remain available until expended to carry out that act: provided further, that no more than $5,000,000 is available for',
'carrying out the provisions of public law 104 73: provided further, that of the funds made available under this heading,',
'$193,349,000 shall be for the program under title x of the public health service act to provide for voluntary family',
'planning projects: provided further, that amounts provided to said projects under such title shall not be expended for abortions, that',
'all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity including the publication',
'or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal or',
'candidate for public office: provided further, that notwithstanding any other provision of law, funds made available under this heading may',
'be used to continue operating the council on graduate medical education established by section 301 of public law 102 408:',
'provided further, that the secretary shall use amounts available for section 2603 b of the public health service act as',
'necessary to ensure that fiscal year 1996 grant awards made under section 2603 a of such act to eligible areas',
'that received such grants in fiscal year 1995 are not less than 99 percent of the fiscal year 1995 level:',
'provided further, that funds made available under this heading for activities authorized by part a of title xxvi of the',
'public health service act are available only for those metropolitan areas previously funded under public law 103 333 or with',
'a cumulative total of more than 2,000 cases of aids, as reported to the centers for disease control and prevention',
'as of march 31, 1995, and have a population of 500,000 or more: provided further, that of the amounts provided',
'for part b of title xxvi of the public health service act $52,000,000 shall be used only for state aids',
'drug assistance programs authorized by section 2616 of the public health service act and shall be distributed to states as',
'authorized by section 2618 b 2 of such act. medical facilities guarantee and loan fund federal interest subsidies for medical',
'facilities for carrying out subsections d and e of section 1602 of the public health service act, $8,000,000, together with',
'any amounts received by the secretary in connection with loans and loan guarantees under title vi of the public health',
'service act, to be available without fiscal year limitation for the payment of interest subsidies. during the fiscal year, no',
'commitments for direct loans or loan guarantees shall be made. health education assistance loans program for the cost of guaranteed',
'loans, such sums as may be necessary to carry out the purpose of the program, as authorized by title vii',
'of the public health service act, as amended: 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: provided further, that these funds are available',
'to subsidize gross obligations for the total loan principal any part of which is to be guaranteed at not to',
'exceed $210,000,000. in addition, for administrative expenses to carry out the guaranteed loan program, $2,688,000. vaccine injury compensation program trust',
'fund for payments from the vaccine injury compensation program trust fund, such sums as may be necessary for claims associated',
'with vaccine related injury or death with respect to vaccines administered after september 30, 1988, pursuant to subtitle 2 of',
'title xxi of the public health service act, to remain available until expended: provided, that for necessary administrative expenses, not',
'to exceed $3,000,000 shall be available from the trust fund to the secretary of health and human services. vaccine injury',
'compensation for payment of claims resolved by the united states court of federal claims related to the administration of vaccines',
'before october 1, 1988, $110,000,000, to remain available until expended. centers for disease control and prevention disease control, research, and',
'training rescission of the amounts made available under this heading in public law 103 333, public law 103 112, and',
'public law 102 394 for immunization activities, $53,000,000 are hereby rescinded: provided, that the director may redirect the total amount',
'made available under authority of public law 101 502, section 3, dated november 3, 1990, to activities the director may',
'so designate: provided further, that the congress is to be notified promptly of any such transfer. substance abuse and mental',
'health services administration substance abuse and mental health services for carrying out titles v and xix of the public health',
'service act with respect to substance abuse and mental health services, the protection and advocacy for mentally ill individuals act',
'of 1986, and section 301 of the public health service act with respect to program management, $1,883,715,000. retirement pay and',
'medical benefits for commissioned officers for retirement pay and medical benefits of public health service commissioned officers as authorized by',
'law, and for payments under the retired servicemans family protection plan and survivor benefit plan and for medical care of',
'dependents and retired personnel under the dependents medical care act 10 u.s.c. ch. 55 , and for payments pursuant to',
'section 229 b of the social security act 42 u.s.c. 429 b , such amounts as may be required during',
'the current fiscal year. agency for health care policy and research health care policy and research for carrying out titles',
'iii and ix of the public health service act, and part a of title xi of the social security act,',
'$65,186,000; in addition, amounts received from freedom of information act fees, reimbursable and interagency agreements, and the sale of data',
'tapes shall be credited to this appropriation and shall remain available until expended: provided, that the amount made available pursuant',
'to section 926 b of the public health service act shall not exceed $60,124,000. health care financing administration grants to',
'states for medicaid for carrying out, except as otherwise provided, titles xi and xix of the social security act, $55,094,355,000,',
'to remain available until expended. for making, after may 31, 1996, payments to states under title xix of the social',
'security act for the last quarter of fiscal year 1996 for unanticipated costs, incurred for the current fiscal year, such',
'sums as may be necessary. for making payments to states under title xix of the social security act for the',
'first quarter of fiscal year 1997, $26,155,350,000, to remain available until expended. payment under title xix may be made for',
'any quarter with respect to a state plan or plan amendment in effect during such quarter, if submitted in or',
'prior to such quarter and approved in that or any subsequent quarter. payments to health care trust funds for payment',
'to the federal hospital insurance and the federal supplementary medical insurance trust funds, as provided under sections 217 g and',
'1844 of the social security act, sections 103 c and 111 d of the social security amendments of 1965, section',
'278 d of public law 97 248, and for administrative expenses incurred pursuant to section 201 g of the social',
'security act, $63,313,000,000. program management for carrying out, except as otherwise provided, titles xi, xviii, and xix of the social',
'security act, and title xiii of the public health service act, the clinical laboratory improvement amendments of 1988, and section',
'4005 e of public law 100 203, not to exceed $1,734,810,000, together with all funds collected in accordance with section',
'353 of the public health service act, the latter funds to remain available until expended, together with such sums as',
'may be collected from authorized user fees and the sale of data, which shall remain available until expended, the $1,734,810,000,',
'to be transferred to this appropriation as authorized by section 201 g of the social security act, from the federal',
'hospital insurance and the federal supplementary medical insurance trust funds: provided, that all funds derived in accordance with 31 u.s.c.',
'9701 from organizations established under title xiii of the public health service act are to be credited to this appropriation.',
'health maintenance organization loan and loan guarantee fund for carrying out subsections d and e of section 1308 of the',
'public health service act, any amounts received by the secretary in connection with loans and loan guarantees under title xiii',
'of the public health service act, to be available without fiscal year limitation for the payment of outstanding obligations. during',
'fiscal year 1996, no commitments for direct loans or loan guarantees shall be made. administration for children and families family',
'support payments to states for making payments to states or other non federal entities, except as otherwise provided, under titles',
'i, iv a other than section 402 g 6 and d, x, xi, xiv, and xvi of the social security',
'act, and the act of july 5, 1960 24 u.s.c. ch. 9 , $13,614,307,000, to remain available until expended. for',
'making, after may 31 of the current fiscal year, payments to states or other non federal entities under titles i,',
'iv a and d, x, xi, xiv, and xvi of the social security act, for the last three months of',
'the current year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. for making',
'payments to states or other non federal entities under titles i, iv a other than section 402 g 6 and',
'd, x, xi, xiv, and xvi of the social security act and the act of july 5, 1960 24 u.s.c.',
'ch. 9 for the first quarter of fiscal year 1997, $4,800,000,000, to remain available until expended. job opportunities and basic',
'skills for carrying out aid to families with dependent children work programs, as authorized by part f of title iv',
'of the social security act, $1,000,000,000. low income home energy assistance including rescission of the funds made available beginning on',
'october 1, 1995 under this heading in public law 103 333, $100,000,000 are hereby rescinded. for making payments under title',
'xxvi of the omnibus budget reconciliation act of 1981, $300,000,000 to be available for obligation in the period october 1,',
'1996 through september 30, 1997: provided, that all of the funds available under this paragraph are hereby designated by congress',
'to be emergency requirements pursuant to section 251 b 2 d of the balanced budget and emergency deficit control act',
'of 1985: provided further, that these funds shall be made available only after submission to congress of a formal budget',
'request by the president that includes designation of the entire amount of the request as an emergency requirement as defined',
'in the balanced budget and emergency deficit control act of 1985. funds made available in the fourth paragraph under this',
'heading in public law 103 333 that remain unobligated as of september 30, 1996 shall remain available until september 30,',
'1997. refugee and entrant assistance for making payments for refugee and entrant assistance activities authorized by title iv of the',
'immigration and nationality act and section 501 of the refugee education assistance act of 1980 public law 96 422 ,',
'$402,172,000: provided, that funds appropriated pursuant to section 414 a of the immigration and nationality act under public law 103',
'112 for fiscal year 1994 shall be available for the costs of assistance provided and other activities conducted in such',
'year and in fiscal years 1995 and 1996. child care and development block grant for carrying out sections 658a through',
'658r of the omnibus budget reconciliation act of 1981 the child care and development block grant act of 1990 ,',
'$934,642,000, which shall be available for obligation under the same statutory terms and conditions applicable in the prior fiscal year.',
'social services block grant for making grants to states pursuant to section 2002 of the social security act, $2,381,000,000: provided,',
'that notwithstanding section 2003 c of such act, the amount specified for allocation under such section for fiscal year 1996',
'shall be $2,381,000,000. children and families services programs for carrying out, except as otherwise provided, the runaway and homeless youth',
'act, the developmental disabilities assistance and bill of rights act, the head start act, the child abuse prevention and treatment',
'act, the family violence prevention and services act, the native american programs act of 1974, title ii of public law',
'95 266 adoption opportunities , the temporary child care for children with disabilities and crisis nurseries act of 1986, the',
'abandoned infants assistance act of 1988, and part b 1 of title iv of the social security act; for making',
'payments under the community services block grant act; and for necessary administrative expenses to carry out said acts and titles',
'i, iv, x, xi, xiv, xvi, and xx of the social security act, the act of july 5, 1960 24',
'u.s.c. ch. 9 , the omnibus budget reconciliation act of 1981, title iv of the immigration and nationality act, section',
'501 of the refugee education assistance act of 1980, and section 126 and titles iv and v of public law',
'100 485, $4,767,006,000, of which $435,463,000 shall be for making payments under the community services block grant act: provided, that',
'to the extent community services block grant funds are distributed as grant funds by a state to an eligible entity',
'as provided under the act, and have not been expended by such entity, they shall remain with such entity for',
'carryover into the next fiscal year for expenditure by such entity consistent with program purposes. in addition, $21,358,000, to be',
'derived from the violent crime reduction trust fund, for carrying out sections 40155, 40211, 40241, and 40251 of public law',
'103 322. family preservation and support for carrying out section 430 of the social security act, $225,000,000. payments to states',
'for foster care and adoption assistance for making payments to states or other non federal entities, under title iv e',
'of the social security act, $4,322,238,000. administration on aging aging services programs for carrying out, to the extent not otherwise',
'provided, the older americans act of 1965, as amended, $829,393,000 of which $4,449,000 shall be for section 712 and $4,732,000',
'shall be for section 721: provided, that notwithstanding section 308 b 1 of such act, the amounts available to each',
'state for administration of the state plan under title iii of such act shall be reduced not more than 5',
'percent below the amount that was available to such state for such purpose for fiscal year 1995. office of the',
'secretary general departmental management for necessary expenses, not otherwise provided, for general departmental management, including hire of six medium sedans,',
'and for carrying out titles iii, xvii, and xx of the public health service act, $139,499,000, together with $6,628,000, to',
'be transferred and expended as authorized by section 201 g 1 of the social security act from the hospital insurance',
'trust fund and the supplemental medical insurance trust fund: provided, that of the funds made available under this heading for',
'carrying out title xvii of the public health service act, $7,500,000 shall be available until expended for extramural construction. office',
'of inspector general for expenses necessary for the office of inspector general in carrying out the provisions of the inspector',
'general act of 1978, as amended, $36,162,000, together with any funds, to remain available until expended, that represent the equitable',
'share from the forfeiture of property in investigations in which the office of inspector general participated, and which are transferred',
'to the office of the inspector general by the department of justice, the department of the treasury, or the united',
'states postal service. office for civil rights for expenses necessary for the office for civil rights, $16,153,000, together with not',
'to exceed $3,314,000, to be transferred and expended as authorized by section 201 g 1 of the social security act',
'from the hospital insurance trust fund and the supplemental medical insurance trust fund. policy research for carrying out, to the',
'extent not otherwise provided, research studies under section 1110 of the social security act, $9,000,000. public health and social services',
'emergency fund for expenses necessary to prepare to respond to the health and medical consequences of nuclear, chemical, or biologic',
'attack in the united states, $7,000,000, to remain available until expended and, in addition, for clinical trials, applying imaging technology',
'used for missile guidance and target recognition to new uses improving the early detection of breast cancer, $2,000,000, to remain',
'available until expended. general provisions sec. 201. funds appropriated in this title shall be available for not to exceed $37,000',
'for official reception and representation expenses when specifically approved by the secretary. sec. 202. the secretary shall make available through',
'assignment not more than 60 employees of the public health service to assist in child survival activities and to work',
'in aids programs through and with funds provided by the agency for international development, the united nations international childrens emergency',
'fund or the world health organization. sec. 203. none of the funds appropriated under this act may be used to',
'implement section 399l b of the public health service act or section 1503 of the national institutes of health revitalization',
'act of 1993, public law 103 43. sec. 204. none of the funds made available by this act may be',
'used to withhold payment to any state under the child abuse prevention and treatment act by reason of a determination',
'that the state is not in compliance with section 1340.2 d 2 ii of title 45 of the code of',
'federal regulations. this provision expires upon the date of enactment of the reauthorization of the child abuse prevention and treatment',
'act or upon september 30, 1996, whichever occurs first. sec. 205. none of the funds appropriated in this or any',
'other act for the national institutes of health and the substance abuse and mental health services administration shall be used',
'to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of',
'$125,000 per year. sec. 206. none of the funds appropriated in this act may be expended pursuant to section 241',
'of the public health service act, except for funds specifically provided for in this act, or for other taps and',
'assessments made by any office located in the department of health and human services, prior to the secretarys preparation and',
'submission of a report to the committee on appropriations of the senate and of the house detailing the planned uses',
'of such funds. transfer of funds sec. 207. of the funds appropriated or otherwise made available for the department of',
'health and human services, general departmental management, for fiscal year 1996, the secretary of health and human services shall transfer',
'to the office of the inspector general such sums as may be necessary for any expenses with respect to the',
'provision of security protection for the secretary of health and human services. sec. 208. notwithstanding section 106 of public law',
'104 91 and section 106 of public law 104 99, appropriations for the national institutes of health and the centers',
'for disease control and prevention shall be available for fiscal year 1996 as specified in section 101 of public law',
'104 91 and section 128 of public law 104 99. sec. 209. none of the funds appropriated in this act',
'may be obligated or expended for the federal council on aging under the older americans act or the advisory board',
'on child abuse and neglect under the child abuse prevention and treatment act. sec. 210. of the funds provided for',
'the account heading disease control, research, and training in public law 104 91, $31,642,000, to be derived from the violent',
'crime reduction trust fund, is hereby available for carrying out sections 40151, 40261, and 40293 of public law 103 322',
'notwithstanding any provision of public law 104 91. sec. 211. not to exceed 1 percent of any appropriation made available',
'for the current fiscal year for the department of health and human services in this act may be transferred between',
'such appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfers: provided, that',
'the appropriations committees of both houses of congress are notified at least fifteen days in advance of any transfers. transfer',
'of funds sec. 212. the director, national institutes of health, jointly with the director, office of aids research, may transfer',
'up to 3 percent among institutes, centers, and the national library of medicine from the total amounts identified in the',
'apportionment for each institute, center, or the national library of medicine for aids research: provided, that such transfers shall be',
'within 30 days of enactment of this act and be based on the scientific priorities established in the plan developed',
'by the director, office of aids research, in accordance with section 2353 of the public health service act: provided further,',
'that the congress is promptly notified of the transfer. sec. 213. in fiscal year 1996, the national library of medicine',
'may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction',
'of the national institutes of health. sec. 214. a reimbursement of certain claims under the medicaid program. notwithstanding any other',
'provision of law, and subject to subsection b , in the case where payment has been made by a state',
'under title xix of the social security act between december 31, 1993, and december 31, 1995, to a state operated',
'psychiatric hospital for services provided directly by the hospital or by providers under contract or agreement with the hospital, and',
'the secretary of health and human services has notified the state that the secretary intends to defer the determination of',
'claims for reimbursement related to such payment but for which a deferral of such claims has not been taken as',
'of march 1, 1996, or, if such claims have been deferred as of such date, such claims have not been',
'disallowed by such date , the secretary shall 1 if, as of the date of the enactment of this title,',
'such claims have been formally deferred or disallowed, discontinue any such action, and if a disallowance of such claims has',
'been taken as of such date, rescind any payment reductions effected; 2 not initiate any deferral or disallowance proceeding related',
'to such claims; and 3 allow reimbursement of such claims. b limitation on rescission or reimbursement of claims. the total',
'amount of payment reductions rescinded or reimbursement of claims allowed under subsection a shall not exceed $54,000,000. this title may',
'be cited as the department of health and human services appropriations act, 1996. title iii department of education education reform',
'for carrying out activities authorized by titles iii and iv of the goals 2000: educate america act and the school',
'to work opportunities act, $530,000,000, of which $340,000,000 for the goals 2000: educate america act and $180,000,000 for the school',
'to work opportunities act shall become available on july 1, 1996, and remain available through september 30, 1997: provided, that',
'notwithstanding section 311 e of public law 103 227, the secretary is authorized to grant up to six additional state',
'education agencies authority to waive federal statutory or regulatory requirements for fiscal year 1996 and succeeding fiscal years: provided further,',
'that none of the funds appropriated under this heading shall be obligated or expended to carry out section 304 a',
'2 a of the goals 2000: educate america act. education for the disadvantaged for carrying out title i of the',
'elementary and secondary education act of 1965, and section 418a of the higher education act, $7,228,116,000, of which $5,913,391,000 shall',
'become available on july 1, 1996 and shall remain available through september 30, 1997 and of which $1,298,386,000 shall become',
'available on october 1, 1996 and shall remain available through september 30, 1997 for academic year 1996 1997: provided, that',
'$5,985,839,000 shall be available for basic grants under section 1124: provided further, that up to $3,500,000 of these funds shall',
'be available to the secretary on october 1, 1995, to obtain updated local educational agency level census poverty data from',
'the bureau of the census: provided further, that $677,241,000 shall be available for concentration grants under section 1124 a and',
'$3,370,000 shall be available for evaluations under section 1501. impact aid for carrying out programs of financial assistance to federally',
'affected schools authorized by title viii of the elementary and secondary education act of 1965, $693,000,000, of which $581,707,000 shall',
'be for basic support payments under section 8003 b , $40,000,000 shall be for payments for children with disabilities under',
'section 8003 d , $50,000,000, to remain available until expended, shall be for payments under section 8003 f , $5,000,000',
'shall be for construction under section 8007, and $16,293,000 shall be for federal property payments under section 8002. school improvement',
'programs for carrying out school improvement activities authorized by titles ii, iv a 1 and 2, v a, vi, section',
'7203, and titles ix, x and xiii of the elementary and secondary education act of 1965; the stewart b. mckinney',
'homeless assistance act; and the civil rights act of 1964; $1,223,708,000 of which $1,015,481,000 shall become available on july 1,',
'1996, and remain available through september 30, 1997: provided, that of the amount appropriated, $275,000,000 shall be for eisenhower professional',
'development state grants under title ii b and $275,000,000 shall be for innovative education program strategies state grants under title',
'vi a: provided further, that not less than $3,000,000 shall be for innovative programs under section 5111. bilingual and immigrant',
'education for carrying out, to the extent not otherwise provided, bilingual and immigrant education activities authorized by title vii of',
'the elementary and secondary education act, without regard to section 7103 b , $178,000,000 of which $50,000,000 shall be for',
'immigrant education programs authorized by part c: provided, that state educational agencies may use all, or any part of, their',
'part c allocation for competitive grants to local educational agencies: provided further, that the department of education should only support',
'instructional programs which ensure that students completely master english in a timely fashion a period of three to five years',
'while meeting rigorous achievement standards in the academic content areas. special education for carrying out parts b, c, d, e,',
'f, g, and h and section 610 j 2 c of the individuals with disabilities education act, $3,245,447,000, of which',
'$3,000,000,000 shall become available for obligation on july 1, 1996, and shall remain available through september 30, 1997: provided, that',
'notwithstanding section 621 e , funds made available for section 621 shall be distributed among each of the regional centers',
'and the federal center in proportion to the amount that each such center received in fiscal year 1995: provided further,',
'that the republic of the marshall islands, the federated states of micronesia, and the republic of palau shall be considered',
'public or private nonprofit entities or organizations for the purpose of parts c, d, e, f, and g of the',
'individuals with disabilities education act: provided further, that, from the funds available under section 611 of the act, the secretary',
'shall award grants, for which guam, american samoa, the commonwealth of the northern mariana islands, the republic of the marshall',
'islands, the federated states of micronesia, and the republic of palau shall be eligible, to carry out the purposes set',
'forth in section 601 c of the act, and that the amount of funds available for such grants shall be',
'equal to the amount that the republic of the marshall islands, the federated states of micronesia, and the republic of',
'palau would be eligible to receive if they were considered jurisdictions for the purpose of section 611 e of the',
'act: provided further, that the secretary shall award grants in accordance with the recommendations of the entity specified in section',
'1121 b 2 a of the elementary and secondary education act, including the provision of administrative costs to such entity',
'not to exceed five percent: provided further, that to be eligible for a competitive award under the individuals with disabilities',
'education act, the republic of the marshall islands, the federated states of micronesia, and the republic of palau must meet',
'the conditions applicable to states under part b of the act. rehabilitation services and disability research for carrying out, to',
'the extent not otherwise provided, the rehabilitation act of 1973, the technology related assistance for individuals with disabilities act, and',
'the helen keller national center act, as amended, and the 1996 paralympics games, $2,456,120,000 of which $7,000,000 will be used',
'to support the paralympics games: provided, that $1,000,000 of the funds provided for special demonstrations shall be used to continue',
'the two head injury centers that were first funded under this program in fiscal year 1992. special institutions for persons',
'with disabilities american printing house for the blind for carrying out the act of march 3, 1879, as amended 20',
'u.s.c. 101 et seq. , $6,680,000. national technical institute for the deaf for the national technical institute for the deaf',
'under titles i and ii of the education of the deaf act of 1986 20 u.s.c. 4301 et seq. ,',
'$42,180,000: provided, that from the amount available, the institute may at its discretion use funds for the endowment program as',
'authorized under section 207. gallaudet university for the kendall demonstration elementary school, the model secondary school for the deaf, and',
'the partial support of gallaudet university under titles i and ii of the education of the deaf act of 1986',
'20 u.s.c. 4301 et seq. , $77,629,000: provided, that from the amount available, the university may at its discretion use',
'funds for the endowment program as authorized under section 207. vocational and adult education for carrying out, to the extent',
'not otherwise provided, the carl d. perkins vocational and applied technology education act, the adult education act, and the national',
'literacy act of 1991, $1,340,261,000, of which $4,869,000 shall be for the national institute for literacy; and of which $1,337,342,000',
'shall become available on july 1, 1996 and shall remain available through september 30, 1997: provided, that of the amounts',
'made available under the carl d. perkins vocational and applied technology education act, $5,000,000 shall be for national programs under',
'title iv without regard to section 451 and $350,000 shall be for evaluations under section 346 b of the act',
'and no funds shall be awarded to a state council under section 112 f , and no state shall be',
'required to operate such a council. student financial assistance for carrying out subparts 1, 3, and 4 of part a,',
'part c, and part e of title iv of the higher education act of 1965, as amended, $6,312,033,000, which shall',
'remain available through september 30, 1997: provided, that notwithstanding section 401 a 1 of the act, there shall be not',
'to exceed 3,650,000 pell grant recipients in award year 1995 1996. the maximum pell grant for which a student shall',
'be eligible during award year 1996 1997 shall be $2,470: provided, that notwithstanding section 401 g of the act, as',
'amended, if the secretary determines, prior to publication of the payment schedule for award year 1996 1997, that the $4,967,446,000',
'included within this appropriation for pell grant awards for award year 1996 1997, and any funds available from the fiscal',
'year 1995 appropriation for pell grant awards, are insufficient to satisfy fully all such awards for which students are eligible,',
'as calculated under section 401 b of the act, the amount paid for each such award shall be reduced by',
'either a fixed or variable percentage, or by a fixed dollar amount, as determined in accordance with a schedule of',
'reductions established by the secretary for this purpose. federal family education loan program account for federal administrative expenses to carry',
'out guaranteed student loans authorized by title iv, part b, of the higher education act, as amended, $30,066,000. higher education',
'for carrying out, to the extent not otherwise provided, parts a and b of title iii, without regard to section',
'360 a 1 b ii , titles iv, v, vi, vii, and ix, part a and subpart 1 of part',
'b of title x, and title xi of the higher education act of 1965, as amended, public law 102 423,',
'and the mutual educational and cultural exchange act of 1961; $836,964,000, of which $16,712,000 for interest subsidies under title vii',
'of the higher education act, as amended, shall remain available until expended: provided, that notwithstanding sections 419d, 419e, and 419h',
'of the higher education act, as amended, scholarships made under title iv, part a, subpart 6 shall be prorated to',
'maintain the same number of new scholarships in fiscal year 1996 as in fiscal year 1995. howard university for partial',
'support of howard university 20 u.s.c. 121 et seq. , $182,348,000: provided, that from the amount available, the university may',
'at its discretion use funds for the endowment program as authorized under the howard university endowment act public law 98',
'480 . higher education facilities loans the secretary is hereby authorized to make such expenditures, within the limits of funds',
'available under this heading and in accord with law, and to make such contracts and commitments without regard to fiscal',
'year limitation, as provided by section 104 of the government corporation control act 31 u.s.c. 9104 , as may be',
'necessary in carrying out the program for the current fiscal year. college housing and academic facilities loans program for administrative',
'expenses to carry out the existing direct loan program of college housing and academic facilities loans entered into pursuant to',
'title vii, part c, of the higher education act, as amended, $700,000. college housing loans pursuant to title vii, part',
'c of the higher education act, as amended, for necessary expenses of the college housing loans program, previously carried out',
'under title iv of the housing act of 1950, the secretary shall make expenditures and enter into contracts without regard',
'to fiscal year limitation using loan repayments and other resources available to this account. any unobligated balances becoming available from',
'fixed fees paid into this account pursuant to 12 u.s.c. 1749d, relating to payment of costs for inspections and site',
'visits, shall be available for the operating expenses of this account. historically black college and university capital financing, program account',
'the total amount of bonds insured pursuant to section 724 of title vii, part b of the higher education act',
'shall not exceed $357,000,000, and the cost, as defined in section 502 of the congressional budget act of 1974, of',
'such bonds shall not exceed zero. for administrative expenses to carry out the historically black college and university capital financing',
'program entered into pursuant to title vii, part b of the higher education act, as amended, $166,000. education research, statistics,',
'and improvement for carrying out activities authorized by the educational research, development, dissemination, and improvement act; the national education statistics',
'act; sections 2102, 3136, 3141, and parts b, c, and d of title iii, parts a, b, i, and k,',
'and section 10601 of title x, part c of title xiii of the elementary and secondary education act of 1965,',
'as amended, and title vi of the goals 2000: educate america act, $351,268,000: provided, that $48,000,000 shall be for sections',
'3136 and 3141 of the elementary and secondary education act: provided further, that $3,000,000 shall be for the elementary mathematics',
'and science equipment projects under the fund for the improvement of education: provided further, that funds shall be used to',
'extend star schools partnership projects that received continuation grants in fiscal year 1995: provided further, that none of the funds',
'appropriated in this paragraph may be obligated or expended for the goals 2000 community partnerships program: provided further, that funds',
'for international education exchange shall be used to extend the two grants awarded in fiscal year 1995. libraries for carrying',
'out, to the extent not otherwise provided, titles i, ii, iii, and iv of the library services and construction act,',
'and title ii b of the higher education act, $132,505,000, of which $16,369,000 shall be used to carry out the',
'provisions of title ii of the library services and construction act and shall remain available until expended; and $2,500,000 shall',
'be for section 222 and $3,000,000 shall be for section 223 of the higher education act: provided, that $1,000,000 shall',
'be awarded to the survivors of the shoal visual history foundation to document and archive holocaust survivors testimony: provided further,',
'that $1,000,000 shall be for the continued funding of an existing demonstration project making information available for public use by',
'connecting internet to a multistate consortium: provided further, that $1,000,000 shall be awarded to the national museum of women in',
'the arts. departmental management program administration for carrying out, to the extent not otherwise provided, the department of education organization',
'act, including rental of conference rooms in the district of columbia and hire of two passenger motor vehicles, $327,319,000. office',
'for civil rights for expenses necessary for the office for civil rights, as authorized by section 203 of the department',
'of education organization act, $55,451,000. office of the inspector general for expenses necessary for the office of the inspector general,',
'as authorized by section 212 of the department of education organization act, $28,654,000. headquarters renovation for necessary expenses for the',
'renovation of the department of education headquarters building, $7,000,000, to remain available until september 30, 1998. general provisions sec. 301.',
'no funds appropriated in this act may be used for the transportation of students or teachers or for the purchase',
'of equipment for such transportation in order to overcome racial imbalance in any school or school system, or for the',
'transportation of students or teachers or for the purchase of equipment for such transportation in order to carry out a',
'plan of racial desegregation of any school or school system. sec. 302. none of the funds contained in this act',
'shall be used to require, directly or indirectly, the transportation of any student to a school other than the school',
'which is nearest the students home, except for a student requiring special education, to the school offering such special education,',
'in order to comply with title vi of the civil rights act of 1964. for the purpose of this section',
'an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization',
'of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade',
'restructuring, pairing or clustering. the prohibition described in this section does not include the establishment of magnet schools. sec. 303.',
'no funds appropriated under this act may be used to prevent the implementation of programs of voluntary prayer and meditation',
'in the public schools. sec. 304. no funds appropriated under this act shall be made available for opportunity to learn',
'standards or strategies. sec. 305. notwithstanding any other provision of law, funds available under section 458 of the higher education',
'act shall not exceed $436,000,000 for fiscal year 1996. the department of education shall pay administrative cost allowances owed to',
'guaranty agencies for fiscal year 1995 estimated to be $95,000,000 and administrative cost allowances owed to guaranty agencies for fiscal',
'year 1996 estimated to be $81,000,000. the department of education shall pay administrative cost allowances to guaranty agencies, to be',
'paid quarterly, calculated on the basis of 0.85 percent of the total principal amount of loans upon which insurance was',
'issued on or after october 1, 1995 by such guaranty agencies. receipt of such funds and uses of such funds',
'by guaranty agencies shall be in accordance with section 428 f of the higher education act. notwithstanding section 458 of',
'the higher education act, the secretary may not use funds available under that section or any other section for subsequent',
'fiscal years for administrative expenses of the william d. ford direct loan program. the secretary may not require the return',
'of guaranty agency reserve funds during fiscal year 1996, except after consultation with both the chairmen and ranking members of',
'the house economic and educational opportunities committee and the senate labor and human resources committee. any reserve funds recovered by',
'the secretary shall be returned to the treasury of the united states for purposes of reducing the federal deficit. no',
'funds available to the secretary may be used for 1 the hiring of advertising agencies or other third parties to',
'provide advertising services for student loan programs, or 2 payment of administrative fees relating to the william d. ford direct',
'loan program to institutions of higher education. sec. 306. a from any unobligated funds that are available to the secretary',
'of education to carry out sections 5 or 14 of the act of september 23, 1950 public law 815, 81st',
'congress as such act was in effect on september 30, 1994 1 half of the funds shall be available to',
'the secretary of education to carry out subsection c of this section; and 2 half of the funds shall be',
'available to the secretary of education to carry out subparagraphs b , c , and d of section 8007 a',
'2 of the elementary and secondary education act of 1965 20 u.s.c. 7707 a 2 , as amended by subsection',
'b of this section. b subparagraph b of section 8007 a 2 of the elementary and secondary education act of',
'1965 20 u.s.c. 7707 a 2 is amended by striking and in which the agency and all that follows through',
'renovation. c 1 the secretary of education shall award the funds described in subsection a 1 to local educational agencies,',
'under such terms and conditions as the secretary of education determines appropriate, for the construction of public elementary or secondary',
'schools on indian reservations or in school districts that a the secretary of education determines are in dire need of',
'construction funding; b contain a public elementary or secondary school that serves a student population which is 90 percent indian',
'students; and c serve students who are taught in inadequate or unsafe structures, or in a public elementary or secondary',
'school that has been condemned. 2 a local educational agency that receives construction funding under this subsection for fiscal year',
'1996 shall not be eligible to receive any funds under section 8007 of the elementary and secondary education act of',
'1965 20 u.s.c. 7707 for school construction for fiscal years 1996 and 1997. 3 as used in this subsection, the',
'term construction has the meaning given that term in section 8013 3 of the elementary and secondary education act of',
'1965 20 u.s.c. 7713 3 . 4 no request for construction funding under this subsection shall be approved unless the',
'request is received by the secretary of education not later than 30 days after the date of enactment of this',
'act. d the secretary of education shall report to the house and senate appropriations committees on the total amounts available',
'pursuant to subsections a 1 and a 2 within 30 days of enactment of this act. sec. 307. none of',
'the funds appropriated in this act may be obligated or expended to carry out sections 727, 932, and 1002 of',
'the higher education act of 1965, and section 621 b of public law 101 589. transfer of funds sec. 308.',
'not to exceed 1 percent of any appropriation made available for the current fiscal year for the department of education',
'in this act may be transferred between such appropriations, but no such appropriation shall be increased by more than 3',
'percent by any such transfers: provided, that the appropriations committees of both houses of congress are notified at least fifteen',
'days in advance of any transfers. this title may be cited as the department of education appropriations act, 1996. title',
'iv related agencies armed forces retirement home for expenses necessary for the armed forces retirement home to operate and maintain',
'the united states soldiers and airmens home and the united states naval home, to be paid from funds available in',
'the armed forces retirement home trust fund, $55,971,000, of which $1,954,000 shall remain available until expended for construction and renovation',
'of the physical plants at the united states soldiers and airmens home and the united states naval home: provided, that',
'this appropriation shall not be available for the payment of hospitalization of members of the soldiers and airmens home in',
'united states army hospitals at rates in excess of those prescribed by the secretary of the army upon recommendation of',
'the board of commissioners and the surgeon general of the army. corporation for national and community service domestic volunteer service',
'programs, operating expenses for expenses necessary for the corporation for national and community service to carry out the provisions of',
'the domestic volunteer service act of 1973, as amended, $198,393,000. corporation for public broadcasting for payment to the corporation for',
'public broadcasting, as authorized by the communications act of 1934, an amount which shall be available within limitations specified by',
'that act, for the fiscal year 1998, $250,000,000: provided, that no funds made available to the corporation for public broadcasting',
'by this act shall be used to pay for receptions, parties, or similar forms of entertainment for government officials or',
'employees: provided further, that none of the funds contained in this paragraph shall be available or used to aid or',
'support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on',
'the basis of race, color, national origin, religion, or sex. federal mediation and conciliation service salaries and expenses for expenses',
'necessary for the federal mediation and conciliation service to carry out the functions vested in it by the labor management',
'relations act, 1947 29 u.s.c. 171 180, 182 183 , including hire of passenger motor vehicles; and for expenses necessary',
'for the labor management cooperation act of 1978 29 u.s.c. 175a ; and for expenses necessary for the service to',
'carry out the functions vested in it by the civil service reform act, public law 95 454 5 u.s.c. chapter',
'71 , $32,896,000 including $1,500,000, to remain available through september 30, 1997, for activities authorized by the labor management cooperation',
'act of 1978 29 u.s.c. 175a : provided, that notwithstanding 31 u.s.c. 3302, fees charged for special training activities up',
'to full cost recovery shall be credited to and merged with this account, and shall remain available until expended: provided',
'further, that the director of the service is authorized to accept on behalf of the united states gifts of services',
'and real, personal, or other property in the aid of any projects or functions within the directors jurisdiction. federal mine',
'safety and health review commission salaries and expenses for expenses necessary for the federal mine safety and health review commission',
'30 u.s.c. 801 et seq. , $6,200,000. national commission on libraries and information science salaries and expenses for necessary expenses',
'for the national commission on libraries and information science, established by the act of july 20, 1970 public law 91',
'345, as amended by public law 102 95 , $829,000. national council on disability salaries and expenses for expenses necessary',
'for the national council on disability as authorized by title iv of the rehabilitation act of 1973, as amended, $1,793,000.',
'national education goals panel for expenses necessary for the national education goals panel, as authorized by title ii, part a',
'of the goals 2000: educate america act, $1,000,000. national labor relations board salaries and expenses for expenses necessary for the',
'national labor relations board to carry out the functions vested in it by the labor management relations act, 1947, as',
'amended 29 u.s.c. 141 167 , and other laws, $170,743,000: provided, that no part of this appropriation shall be available',
'to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining',
'units composed of agricultural laborers as referred to in section 2 3 of the act of july 5, 1935 29',
'u.s.c. 152 , and as amended by the labor management relations act, 1947, as amended, and as defined in section',
'3 f of the act of june 25, 1938 29 u.s.c. 203 , and including in said definition employees engaged',
'in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis',
'and at least 95 per centum of the water stored or supplied thereby is used for farming purposes: provided further,',
'that none of the funds made available by this act shall be used in any way to promulgate a final',
'rule altering 29 cfr part 103 regarding single location bargaining units in representation cases. national mediation board salaries and expenses',
'for expenses necessary to carry out the provisions of the railway labor act, as amended 45 u.s.c. 151 188 ,',
'including emergency boards appointed by the president, $7,837,000. occupational safety and health review commission salaries and expenses for expenses necessary',
'for the occupational safety and health review commission 29 u.s.c. 661 , $8,100,000. physician payment review commission salaries and expenses',
'for expenses necessary to carry out section 1845 a of the social security act, $2,923,000, to be transferred to this',
'appropriation from the federal supplementary medical insurance trust fund. prospective payment assessment commission salaries and expenses for expenses necessary to',
'carry out section 1886 e of the social security act, $3,267,000, to be transferred to this appropriation from the federal',
'hospital insurance and the federal supplementary medical insurance trust funds. social security administration payments to social security trust funds for',
'payment to the federal old age and survivors insurance and the federal disability insurance trust funds, as provided under sections',
'201 m , 228 g , and 1131 b 2 of the social security act, $22,641,000. in addition, to reimburse',
'these trust funds for administrative expenses to carry out sections 9704 and 9706 of the internal revenue code of 1986,',
'$10,000,000, to remain available until expended. special benefits for disabled coal miners for carrying out title iv of the federal',
'mine safety and health act of 1977, $485,396,000, to remain available until expended. for making, after july 31 of the',
'current fiscal year, benefit payments to individuals under title iv of the federal mine safety and health act of 1977,',
'for costs incurred in the current fiscal year, such amounts as may be necessary. for making benefit payments under title',
'iv of the federal mine safety and health act of 1977 for the first quarter of fiscal year 1997, $170,000,000,',
'to remain available until expended. supplemental security income program for carrying out titles xi and xvi of the social security',
'act, section 401 of public law 92 603, section 212 of public law 93 66, as amended, and section 405',
'of public law 95 216, including payment to the social security trust funds for administrative expenses incurred pursuant to section',
'201 g 1 of the social security act, $18,545,512,000, to remain available until expended, of which $1,500,000 shall be for',
'a demonstration program to foster economic independence among people with disabilities through disability sport, in connection with the tenth paralympic',
'games: provided, that any portion of the funds provided to a state in the current fiscal year and not obligated',
'by the state during that year shall be returned to the treasury. in addition, $15,000,000, to remain available until september',
'30, 1997, for continuing disability reviews as authorized by section 103 of public law 104 121. the term continuing disability',
'reviews has the meaning given such term by section 201 g 1 a of the social security act. for making,',
'after june 15 of the current fiscal year, benefit payments to individuals under title xvi of the social security act,',
'for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. for carrying out title xvi',
'of the social security act for the first quarter of fiscal year 1997, $9,260,000,000, to remain available until expended. limitation',
'on administrative expenses for necessary expenses, including the hire of two medium size passenger motor vehicles, and not to exceed',
'$10,000 for official reception and representation expenses, not more than $5,267,268,000 may be expended, as authorized by section 201 g',
'1 of the social security act or as necessary to carry out sections 9704 and 9706 of the internal revenue',
'code of 1986 from any one or all of the trust funds referred to therein: provided, that reimbursement to the',
'trust funds under this heading for administrative expenses to carry out sections 9704 and 9706 of the internal revenue code',
'of 1986 shall be made, with interest, not later than september 30, 1997: provided further, that unobligated balances at the',
'end of fiscal year 1996 not needed for fiscal year 1996 shall remain available until expended for a state of',
'the art computing network, including related equipment and administrative expenses associated solely with this network. in addition to funding already',
'available under this heading, and subject to the same terms and conditions, $387,500,000, for disability caseload processing. from funds provided',
'under the previous two paragraphs, not less than $200,000,000 shall be available for conducting continuing disability reviews. in addition to',
'funding already available under this heading, and subject to the same terms and conditions, $60,000,000, to remain available until september',
'30, 1997, for continuing disability reviews as authorized by section 103 of public law 104 121. the term continuing disability',
'reviews has the meaning given such term by section 201 g 1 a of the social security act. in addition',
'to funding already available under this heading, and subject to the same terms and conditions, $167,000,000, which shall remain available',
'until expended, to invest in a state of the art computing network, including related equipment and administrative expenses associated solely',
'with this network, for the social security administration and the state disability determination services, may be expended from any or',
'all of the trust funds as authorized by section 201 g 1 of the social security act. office of inspector',
'general for expenses necessary for the office of inspector general in carrying out the provisions of the inspector general act',
'of 1978, as amended, $4,816,000, together with not to exceed $21,076,000, to be transferred and expended as authorized by section',
'201 g 1 of the social security act from the federal old age and survivors insurance trust fund and the',
'federal disability insurance trust fund. railroad retirement board dual benefits payments account for payment to the dual benefits payments account,',
'authorized under section 15 d of the railroad retirement act of 1974, $239,000,000, which shall include amounts becoming available in',
'fiscal year 1996 pursuant to section 224 c 1 b of public law 98 76; and in addition, an amount,',
'not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the',
'product of recipients and the average benefit received exceeds $239,000,000: provided, that the total amount provided herein shall be credited',
'in 12 approximately equal amounts on the first day of each month in the fiscal year. federal payments to the',
'railroad retirement accounts for payment to the accounts established in the treasury for the payment of benefits under the railroad',
'retirement act for interest earned on unnegotiated checks, $300,000, to remain available through september 30, 1997, which shall be the',
'maximum amount available for payment pursuant to section 417 of public law 98 76. limitation on administration for necessary expenses',
'for the railroad retirement board, $73,169,000, to be derived from the railroad retirement accounts. limitation on railroad unemployment insurance administration',
'fund for further expenses necessary for the railroad retirement board, for administration of the railroad unemployment insurance act, not less',
'than $16,786,000 shall be apportioned for fiscal year 1996 from moneys credited to the railroad unemployment insurance administration fund. special',
'management improvement fund to effect management improvements, including the reduction of backlogs, accuracy of taxation accounting, and debt collection, $659,000,',
'to be derived from the railroad retirement accounts and railroad unemployment insurance account: provided, that these funds shall supplement, not',
'supplant, existing resources devoted to such operations and improvements. limitation on the office of inspector general for expenses necessary for',
'the office of inspector general for audit, investigatory and review activities, as authorized by the inspector general act of 1978,',
'as amended, not more than $5,673,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. united',
'states institute of peace operating expenses for necessary expenses of the united states institute of peace as authorized in the',
'united states institute of peace act, $11,500,000. title v general provisions sec. 501. the secretaries of labor, health and human',
'services, and education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in',
'this act: provided, that such transferred balances are used for the same purpose, and for the same periods of time,',
'for which they were originally appropriated. sec. 502. 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. 503. a no part of any appropriation',
'contained in this act shall be used, other than for normal and recognized executive legislative relationships, for publicity or propaganda',
'purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to',
'support or defeat legislation pending before the congress, except in presentation to the congress itself. b no part of any',
'appropriation contained in this act shall be used to pay the salary or expenses of any grant or contract recipient,',
'or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the congress.',
'sec. 504. the secretaries of labor and education are each authorized to make available not to exceed $15,000 from funds',
'available for salaries and expenses under titles i and iii, respectively, for official reception and representation expenses; the director of',
'the federal mediation and conciliation service is authorized to make available for official reception and representation expenses not to exceed',
'$2,500 from the funds available for salaries and expenses, federal mediation and conciliation service; and the chairman of the national',
'mediation board is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available',
'for salaries and expenses, national mediation board. sec. 505. notwithstanding any other provision of this act, no funds appropriated under',
'this act shall be used to carry out any program of distributing sterile needles for the hypodermic injection of any',
'illegal drug unless the secretary of health and human services determines that such programs are effective in preventing the spread',
'of hiv and do not encourage the use of illegal drugs. sec. 506. a purchase of american made equipment and',
'products. it is the sense of the congress that, to the greatest extent practicable, all equipment 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 entity 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 statement made in subsection a by the',
'congress. sec. 507. when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs',
'funded in whole or in part with federal money, all grantees receiving federal funds, including but not limited to state',
'and local governments and recipients of federal research grants, shall clearly state 1 the percentage of the total costs of',
'the program or project which will be financed with federal money, 2 the dollar amount of federal funds for the',
'project or program, and 3 percentage and dollar amount of the total costs of the project or program that will',
'be financed by nongovernmental sources. sec. 508. none of the funds appropriated under this act shall be expended for any',
'abortion except when it is made known to the federal entity or official to which funds are appropriated under this',
'act that such procedure is necessary to save the life of the mother or that the pregnancy is the result',
'of an act of rape or incest. sec. 509. notwithstanding any other provision of law 1 no amount may be',
'transferred from an appropriation account for the departments of labor, health and human services, and education except as authorized in',
'this or any subsequent appropriation act, or in the act establishing the program or activity for which funds are contained',
'in this act; 2 no department, agency, or other entity, other than the one responsible for administering the program or',
'activity for which an appropriation is made in this act, may exercise authority for the timing of the obligation and',
'expenditure of such appropriation, or for the purposes for which it is obligated and expended, except to the extent and',
'in the manner otherwise provided in sections 1512 and 1513 of title 31, united states code; and 3 no funds',
'provided under this act shall be available for the salary or any part thereof of an employee who is reassigned',
'on a temporary detail basis to another position in the employing agency or department or in any other agency or',
'department, unless the detail is independently approved by the head of the employing department or agency. sec. 510. limitation on',
'use of funds. none of the funds made available in this act may be used for the expenses of an',
'electronic benefit transfer ebt task force. sec. 511. none of the funds made available in this act may be used',
'to enforce the requirements of section 428 b 1 u iii of the higher education act of 1965 with respect',
'to any lender when it is made known to the federal official having authority to obligate or expend such funds',
'that the lender has a loan portfolio under part b of title iv of such act that is equal to',
'or less than $5,000,000. sec. 512. none of the funds made available in this act may be used for pell',
'grants under subpart 1 of part a of title iv of the higher education act of 1965 to students attending',
'an institution of higher education that is ineligible to participate in a loan program under such title as a result',
'of a final default rate determination made by the secretary under the federal family education loan or federal direct loan',
'program under parts b and d of such title, respectively, and issued by the secretary on or after february 14,',
'1996. the preceding sentence shall not apply to an institution that 1 was not participating in either such loan program',
'on such date or would not have been participating on such date but for the pendency of an appeal of',
'a default rate determination issued prior to such date unless the institution subsequently participates in either such loan program; or',
'2 has a participation rate index as defined at 34 cfr 668.17 that is less than or equal to 0.0375.',
'no institution may be subject to the terms of this section unless it has had the opportunity to appeal its',
'default rate determination under regulations issued by the secretary for the ffel and federal direct loan programs. sec. 513. no',
'more than 1 percent of salaries appropriated for each agency in this act may be expended by that agency on',
'cash performance awards: provided, that of the budgetary resources available to agencies in this act for salaries and expenses during',
'fiscal year 1996, $30,500,000, to be allocated by the office of management and budget, are permanently canceled: provided further, that',
'the foregoing proviso shall not apply to the food and drug administration and the indian health service. sec. 514. a',
'high cost training exception. section 428h d 2 of the higher education act of 1965 20 u.s.c. 1078 8 d',
'2 is amended by striking out the period at the end thereof and inserting in lieu thereof a semicolon and',
'the following: except in cases where the secretary determines, that a higher amount is warranted in order to carry out',
'the purpose of this part with respect to students engaged in specialized training requiring exceptionally high costs of education, but',
'the annual insurable limit per student shall not be deemed to be exceeded by a line of credit under which',
'actual payments by the lender to the borrower will not be made in any years in excess of the annual',
'limit.. b effective date. the amendments made by subsection a shall be effective for loans made to cover the cost',
'of instruction for periods of enrollment beginning on or after july 1, 1996. establishment of prohibition against abortion related discrimination',
'in training and licensing of physicians sec. 515. part b of title ii of the public health service act 42',
'u.s.c. 238 et seq. is amended by adding at the end the following section: abortion related discrimination in governmental activities',
'regarding training and licensing of physicians sec. 245. a in general. the federal government, and any state or local government',
'that receives federal financial assistance, may not subject any health care entity to discrimination on the basis that 1 the',
'entity refuses to undergo training in the performance of induced abortions, to require or provide such training, to perform such',
'abortions, or to provide referrals for such training or such abortions; 2 the entity refuses to make arrangements for any',
'of the activities specified in paragraph 1 ; or 3 the entity attends or attended a post graduate physician training',
'program, or any other program of training in the health professions, that does not or did not perform induced abortions',
'or require, provide or refer for training in the performance of induced abortions, or make arrangements for the provision of',
'such training. b accreditation of postgraduate physician training programs. 1 in general. in determining whether to grant a legal status',
'to a health care entity including a license or certificate , or to provide such entity with financial assistance, services',
'or other benefits, the federal government, or any state or local government that receives federal financial assistance, shall deem accredited',
'any postgraduate physician training program that would be accredited but for the accrediting agencys reliance upon an accreditation standard that',
'requires an entity to perform an induced abortion or require, provide, or refer for training in the performance of induced',
'abortions, or make arrangements for such training, regardless of whether such standard provides exceptions or exemptions. the government involved shall',
'formulate such regulations or other mechanisms, or enter into such agreements with accrediting agencies, as are necessary to comply with',
'this subsection. 2 rules of construction. a in general. with respect to subclauses i and ii of section 705 a',
'2 b i relating to a program of insured loans for training in the health professions , the requirements in',
'such subclauses regarding accredited internship or residency programs are subject to paragraph 1 of this subsection. b exceptions. this section',
'shall not i prevent any health care entity from voluntarily electing to be trained, to train, or to arrange for',
'training in the performance of, to perform, or to make referrals for induced abortions; or ii prevent an accrediting agency',
'or a federal, state or local government from establishing standards of medical competency applicable only to those individuals who have',
'voluntarily elected to perform abortions. c definitions. for purposes of this section: 1 the term financial assistance, with respect to',
'a government program, includes governmental payments provided as reimbursement for carrying out health related activities. 2 the term health care',
'entity includes an individual physician, a postgraduate physician training program, and a participant in a program of training in the',
'health professions. 3 the term postgraduate physician training program includes a residency training program.. sec. 516. survey and certification of',
'medicare providers. a intervals between standard surveys for home health agencies. section 1891 c 2 a of the social security',
'act 42 u.s.c. 1395bbb c 2 a is amended 1 by striking 15 months and inserting 36 months, and 2',
'by amending the second sentence to read as follows: the secretary shall establish a frequency for surveys of home health',
'agencies within this 36 month interval commensurate with the need to assure the delivery of quality home health services.. b',
'recognition of accreditation. section 1865 of such act 42 u.s.c. 1395bb is amended 1 by redesignating subsection b as subsection',
'd , 2 by redesignating the fourth sentence of subsection a as subsection c , and 3 by striking the',
'third sentence of subsection a and inserting after and below the second sentence the following new subsection: b 1 in',
'addition, if the secretary finds that accreditation of a provider entity as defined in paragraph 4 by the american osteopathic',
'association or any other national accreditation body demonstrates that all of the applicable conditions or requirements of this title other',
'than the requirements of section 1834 j or the conditions and requirements under section 1881 b are met or exceeded',
'a in the case of a provider entity not described in paragraph 3 b , the secretary shall treat such',
'entity as meeting those conditions or requirements with respect to which the secretary made such finding; or b in the',
'case of a provider entity described in paragraph 3 b , the secretary may treat such entity as meeting those',
'conditions or requirements with respect to which the secretary made such finding. 2 in making such a finding, the secretary',
'shall consider, among other factors with respect to a national accreditation body, its requirements for accreditation, its survey procedures, its',
'ability to provide adequate resources for conducting required surveys and supplying information for use in enforcement activities, its monitoring procedures',
'for provider entities found out of compliance with the conditions or requirements, and its ability to provide the secretary with',
'necessary data for validation. 3 a except as provided in subparagraph b , not later than 60 days after the',
'date of receipt of a written request for a finding under paragraph 1 with any documentation necessary to make a',
'determination on the request , the secretary shall publish a notice identifying the national accreditation body making the request, describing',
'the nature of the request, and providing a period of at least 30 days for the public to comment on',
'the request. the secretary shall approve or deny a request for such a finding, and shall publish notice of such',
'approval or denial, not later than 210 days after the date of receipt of the request with such documentation .',
'such an approval shall be effective with respect to accreditation determinations made on or after such effective date which may',
'not be later than the date of publication of the approval as the secretary specifies in the publication notice. b',
'the 210 day and 60 day deadlines specified in subparagraph a shall not apply in the case of any request',
'for a finding with respect to accreditation of a provider entity to which the conditions and requirements of section 1819',
'and 1861 j apply. 4 for purposes of this section, the term provider entity means a provider of services, supplier,',
'facility, clinic, agency, or laboratory.. c authority for validation surveys. 1 in general. the first sentence of section 1864 c',
'of such act 42 u.s.c. 1395aa c is amended by striking hospitals and all that follows and inserting provider entities',
'that, pursuant to subsection a or b 1 of section 1865, are treated as meeting the conditions or requirements of',
'this title.. 2 conforming amendments. section 1865 of such act, as amended by subsection b , is further amended a',
'in subsection d , as redesignated by subsection b 1 i by striking a hospital and inserting a provider entity,',
'ii by striking the hospital each place it appears and inserting the entity, and iii by striking the requirements of',
'the numbered paragraphs of section 1861 e and inserting the conditions or requirements the entity has been treated as meeting',
'pursuant to subsection a or b 1 ; and b by adding at the end the following new subsection: e',
'for provisions relating to validation surveys of entities that are treated as meeting applicable conditions or requirements of this title',
'pursuant to subsection a or b 1 , see section 1864 c .. d study and report on deeming for',
'nursing facilities and renal dialysis facilities. 1 study. the secretary of health and human services shall provide for a a',
'study concerning the effectiveness and appropriateness of the current mechanisms for surveying and certifying skilled nursing facilities for compliance with',
'the conditions and requirements of sections 1819 and 1861 j of the social security act and nursing facilities for compliance',
'with the conditions of section 1919 of such act, and b a study concerning the effectiveness and appropriateness of the',
'current mechanisms for surveying and certifying renal dialysis facilities for compliance with the conditions and requirements of section 1881 b',
'of the social security act. 2 report. not later than july 1, 1997, the secretary shall transmit to congress a',
'report on each of the studies provided for under paragraph 1 . the report on the study under paragraph 1',
'a shall include and the report on the study under paragraph 1 b may include a specific framework, where appropriate,',
'for implementing a process under which facilities covered under the respective study may be deemed to meet applicable medicare conditions',
'and requirements if they are accredited by a national accreditation body. sec. 517. the secretary of health and human services',
'shall grant a waiver of the requirements set forth in section 1903 m 2 a ii of the social security',
'act to d.c. chartered health plan, inc. of the district of columbia: provided, that such waiver shall be deemed to',
'have been in place for all contract periods from october 1, 1991 through the current contract period or october 1,',
'1999, whichever shall be later. sec. 518. section 119 of public law 104 99 is hereby repealed. optional, alternative medicaid',
'payment method sec. 519. a election. a heavily impacted high dsh state as defined in subsection d may elect to',
'receive payments for expenditures under title xix of the social security act for the period beginning october 1, 1995, and',
'ending june 30, 1996 in this section referred to as the 9 month period , for state fiscal year 1996',
'1997, and subject to subsection c 4 for state fiscal year 1997 1998 in accordance with the alternative payment method',
'specified in subsection b rather than in accordance with section 1903 a of such act. b alternative payment method. 1',
'in general. under the alternative payment method specified in this subsection a any percentage otherwise specified in section 1903 a',
'of the social security act for expenditures in the 9 month period or a state fiscal year for which the',
'election is in effect shall be equal to 100 percent minus the non federal participation percentage specified under paragraph 2',
'for the state for that period or state fiscal year, and b the total payment for the 9 month period',
'or a state fiscal year in which the election is in effect may not exceed the maximum federal financial participation',
'specified in paragraph 5 for the period or year. in applying subparagraph b , there shall not be counted as',
'payments for any period or fiscal year any payment that is attributable to an expenditure which is exempt under subsection',
'c 1 . in applying such subparagraph to the 9 month period, there shall be counted payments other than those',
'described in the previous sentence that are attributable to an expenditure for periods occurring in the 9 month period and',
'before the date of the enactment of this act. 2 non federal participation percentage. for purposes of paragraph 1 ,',
'the non federal participation percentage for a state for the 9 month period or state fiscal year is equal to',
'the ratio of a the states base state expenditures as defined in paragraph 3 plus the applicable percentage as defined',
'in paragraph 4 of the difference between the amount of such expenditures and the amount of the state expenditures that',
'would be required for the state to qualify for the maximum federal financial participation specified in paragraph 5 under title',
'xix of the social security act if this section did not apply for such period or state fiscal year; to',
'b the total expenditures under the state plan of the state under such title for such period or state fiscal',
'year. such ratio shall be calculated as if total expenditures under the state plan were no greater than necessary for',
'the state to receive the maximum federal financial participation specified in paragraph 5 . 3 base state expenditures. for purposes',
'of this subsection, the term base state expenditures means a for the 9 month period, $266,250,000, or b for state',
'fiscal year 1996 1997, $355,000,000, or c for state fiscal year 1997 1998, $355,000,000. 4 applicable percentage. for purposes of',
'this subsection, the applicable percentage a for the 9 month period is 20 percent, b for state fiscal year 1996',
'1997 is 35 percent, and c for state fiscal year 1997 1998 is 55 percent. 5 maximum federal participation. for',
'purposes of this section, the maximum federal financial participation specified in this paragraph for a state a for the 9',
'month period, $1,966,500,000. b for state fiscal year 1996 1997 is $2,622,000,000, and c for state fiscal year 1997 1998',
'is $2,622,000,000. c additional rules. 1 limiting application to expenditures for periods in which election in effect. this section and',
'the maximum federal financial participation specified in subsection b 5 shall not apply to any expenditure that is applicable to',
'a reporting period that is not covered under an election under subsection a , including any expenditure applicable to any',
'reporting period before october 1, 1995. 2 election process. an election of a state under subsection a shall be made,',
'by notice from the governor of the state to the secretary of health and human services, not later than 30',
'days after the date of the enactment of this act. 3 limitation. for any period on or after the date',
'of an election under this section in which an election is in effect for a state under this section a',
'the federal government has no obligation to provide payment with respect to items and services provided under title xix of',
'the social security act in excess of the maximum federal financial participation specified in subsection b 5 and such title',
'shall not be construed as providing for an entitlement, under federal law in relation to the federal government, in an',
'individual or person including any provider at the time of provision or receipt of services; and b the state shall',
'provide an entitlement to any person to receive any service or other benefit to the extent that such person would,',
'but for this paragraph, be entitled to such service or other benefit under such title. 4 condition for state fiscal',
'year 1997 1998. this section shall not apply to state fiscal year 1997 1998 except to the extent provided for',
'in a subsequent appropriation act. d definition. for purposes of this section, the term heavily impacted high dsh state means',
'the state of louisiana. e state fiscal years defined. for purposes of this section 1 the term state fiscal year',
'1996 1997 means the period beginning july 1, 1996, and ending june 30, 1997, and 2 the term state fiscal',
'year 1997 1998 means the period beginning july 1, 1997, and ending june 30, 1998. sec. 520. a congress finds',
'that 1 the practice of female genital mutilation is carried out by members of certain cultural and religious groups within',
'the united states; and 2 the practice of female genital mutilation often results in the occurrence of physical and psychological',
'health effects that harm the women involved. b the secretary of health and human services shall do the following: 1',
'compile data on the number of females living in the united states who have been subjected to female genital mutilation',
'whether in the united states or in their countries of origin , including a specification of the number of girls',
'under the age of 18 who have been subjected to such mutilation. 2 identify communities in the united states that',
'practice female genital mutilation, and design and carry out outreach activities to educate individuals in the communities on the physical',
'and psychological health effects of such practice. such outreach activities shall be designed and implemented in collaboration with representatives of',
'the ethnic groups practicing such mutilation and with representatives of organizations with expertise in preventing such practice. 3 develop recommendations',
'for the education of students of schools of medicine and osteopathic medicine regarding female genital mutilation and complications arising from',
'such mutilation. such recommendations shall be disseminated to such schools. c for purposes of this section the term female genital',
'mutilation means the removal or infibulation or both of the whole or part of the clitoris, the labia minor, or',
'the labia major. d the secretary of health and human services shall commence carrying out this section not later than',
'90 days after the date of enactment of this act. title vi additional appropriations sec. 601. in addition to amounts',
'otherwise provided in this act, the following amounts are hereby appropriated as specified for the following appropriation accounts: health care',
'financing administration, program management, $396,000,000; and office of the secretary, office of inspector general, $22,330,000, together with not to exceed',
'$20,670,000 to be transferred and expended as authorized by section 201 g 1 of the social security act from the',
'hospital insurance trust fund and the supplemental medical insurance trust fund. sec. 602. appropriations and funds made available pursuant to',
'section 601 of this act shall be available until enactment into law of a subsequent appropriation for fiscal year 1996',
'for any project or activity provided for in section 601. title vii amendments to the goals 2000: educate america act',
'sec. 701. elimination of the national education standards and improvement council and opportunity to learn standards. the goals 2000: educate',
'america act 20 u.s.c. 5801 et seq. is amended 1 by repealing part b of title ii 20 u.s.c. 5841',
'et seq. ; 2 by redesignating parts c and d of title ii 20 u.s.c. 5861 et seq. and 5871',
'et seq. as parts b and c, respectively, of title ii; and 3 in section 241 20 u.s.c. 5871 a',
'in subsection a , by striking a national education goals panel. ; and b by striking subsections b through d',
'. sec. 702. state and local education systemic improvement. a panel composition; opportunity to learn standards; and submission of plan',
'to the secretary for approval. 1 state improvement plan. section 306 of the goals 2000: educate america act 20 u.s.c.',
'5886 is amended a by amending subsection b to read as follows: b plan development. a state improvement plan under',
'this title shall be developed by a broad based state panel in cooperation with the state educational agency and the',
'governor. ; b by striking subsection d . b local panel composition. section 309 a 3 a of such act',
'20 u.s.c. 5889 a 3 a is amended 1 in the matter preceding clause i , by striking that and',
'inserting a semicolon; and 2 by striking clauses i and ii . sec. 703. technical and conforming amendments. a goals',
'2000: educate america act. 1 the table of contents for the goals 2000: educate america act is amended, in the',
'items relating to title ii a by striking the items relating to part b; b by striking part c and',
'inserting part b; and c by striking part d and inserting part c. 2 section 2 of such act 20',
'u.s.c. 5801 is amended a in paragraph 4 i in subparagraph b , by inserting and after the semicolon; ii',
'by striking subparagraph c ; and iii by redesignating subparagraph d as subparagraph c ; and b in paragraph 6',
'i by striking subparagraph c ; and ii by redesignating subparagraphs d through f as subparagraphs c through e ,',
'respectively. 3 section 3 a of such act 20 u.s.c. 5802 is amended a by striking paragraph 7 ; and',
'b by redesignating paragraphs 8 through 14 as paragraphs 7 through 13 , respectively. 4 section 201 3 of such',
'act 20 u.s.c. 5821 3 is amended by striking , voluntary national student performance and all that follows through such',
'council and inserting and voluntary national student performance standards. 5 section 202 j of such act 20 u.s.c. 5822 j',
'is amended by striking , student performance, or opportunity to learn and inserting or student performance. 6 section 203 of',
'such act 20 u.s.c. 5823 is amended a in subsection a i by striking paragraphs 2 and 3 ; ii',
'by redesignating paragraphs 4 through 6 as paragraphs 2 through 4 , respectively; and iii by amending paragraph 2 as',
'redesignated by clause ii to read as follows: 2 review voluntary national content standards and voluntary national student performance standards;;',
'and b in subsection b 1 i in subparagraph a , by inserting and after the semicolon; ii in subparagraph',
'b , by striking ; and and inserting a period; and iii by striking subparagraph c . 7 section 204',
'a 2 of such act 20 u.s.c. 5824 a 2 is amended a by striking voluntary national opportunity to learn',
'standards,; and b by striking described in section 213 f . 8 section 304 a 2 of such act 20',
'u.s.c. 5884 a 2 is amended a in subparagraph a , by adding and after the semicolon; b in subparagraph',
'b , by striking ; and and inserting a period; and c by striking subparagraph c . 9 section 306',
'o of such act 20 u.s.c. 5886 o is amended by striking state opportunity to learn standards or strategies,. 10',
'section 308 of such act 20 u.s.c. 5888 is amended a in subsection b 2 i in the matter preceding',
'clause i of subparagraph a , by striking state opportunity to learn standards,; and ii in subparagraph a , by',
'striking includ ing and all that follows through part b of title ii; and inserting including through consortia of states;;',
'and b in subsection c , by striking 306 b 1 and inserting 306 b . 11 for the purpose',
'of expanding the use and availability of computers and computer technology, section 309 a 6 a ii of such act',
'20 u.s.c. 5889 a 6 a ii is amended by inserting after new public schools the following: and the acquisition',
'of technology and use of technology enhanced curricula and instruction. 12 section 312 b of such act 20 u.s.c. 5892',
'b is amended a by striking paragraph 1 ; and b by redesignating paragraphs 2 and 3 as paragraphs 1',
'and 2 , respectively. 13 section 314 a 6 a of such act 20 u.s.c. 5894 a 6 a is',
'amended by striking certified by the national education standards and improvement council and. 14 section 315 of such act 20',
'u.s.c. 5895 is amended a in subsection b i in paragraph 1 c , by striking , including the requirements',
'for timetables for opportunity to learn standards,; ii by striking paragraph 2 ; iii by redesignating paragraphs 3 through 5',
'as paragraphs 2 through 4 , respectively; iv in paragraph 1 a , by striking paragraph 4 of this subsection',
'and inserting paragraph 3 ; v in paragraph 2 as redesignated by clause iii i by striking subparagraph a ;',
'ii by redesignating subparagraphs b and c as subparagraphs a and b , respectively; and iii in subparagraph a as',
'redesignated by subclause ii by striking , voluntary natural student performance standards, and voluntary natural opportunity to learn standards developed',
'under part b of title ii of this act and inserting and voluntary national student performance standards; vi in subparagraph',
'b of paragraph 3 as redesignated by clause iii , by striking paragraph 5 , and inserting paragraph 4 ,;',
'and vii in paragraph 4 as redesignated by clause ii , by striking paragraph 4 each place it appears and',
'inserting paragraph 3 ; b in the matter preceding subparagraph a of subsection c 2 i by striking subsection b',
'4 and inserting subsection b 3 ; and ii by striking and to provide a framework for the implementation of',
'opportunity to learn standards or strategies; and c in subsection f , by striking subsection b 4 each place it',
'appears and inserting subsection b 3 . 15 a section 316 of such act 20 u.s.c. 5896 is repealed. b',
'the table of contents for such act is amended by striking the item relating to section 316. 16 section 317',
'of such act 20 u.s.c. 5897 is amended a in subsection d 4 , by striking promote the standards and',
'strategies described in section 306 d ,; and b in subsection e i in paragraph 2 , by inserting and',
'after the semicolon; ii by striking paragraph 3 ; and iii by redesignating paragraph 4 as paragraph 3 . 17',
'section 503 of such act 20 u.s.c. 5933 is amended a in subsection b i in paragraph 1 i in',
'the matter preceding subparagraph a , by striking 28 and inserting 27; ii by striking subparagraph d ; and iii',
'by redesignating subparagraphs e through g as subparagraphs d through f , respectively; ii in paragraphs 2 , 3 ,',
'and 5 , by striking subparagraphs e , f , and g each place it appears and inserting subparagraphs d',
', e , and f ; iii in paragraph 2 , by striking subparagraph g and inserting subparagraph f ;',
'iv in paragraph 4 , by striking c , and d and inserting and c ; and v in the',
'matter preceding subparagraph a of paragraph 5 , by striking subparagraph e , f , or g and inserting subparagraph',
'd , e , or f ; and b in subsection e i in paragraph 1 b , by striking',
'subparagraph e and inserting subparagraph d ; and ii in paragraph 2 , by striking subparagraphs e , f ,',
'and g and inserting subparagraphs d , e , and f . 18 section 504 of such act 20 u.s.c.',
'5934 is amended a by striking subsection f ; and b by redesignating subsection g as subsection f . b',
'elementary and secondary education act of 1965. 1 section 1111 of the elementary and secondary education act of 1965 20',
'u.s.c. 6311 is amended a in subsection b 8 b , by striking which may include opportunity to learn standards',
'or strategies developed under the goals 2000: educate america act ; b in subsection f , by striking opportunity to',
'learn standards or strategies,; c by striking subsection g ; and d by redesignating subsection h as subsection g .',
'2 section 1116 of such act 20 u.s.c. 6317 is amended a in subsection c i in paragraph 2 a',
'i , by striking all beginning with , which may through act; and ii in paragraph 5 b i i',
'in subclause vi , by inserting and after the semicolon; ii in subclause vii , by striking ; and and',
'inserting a period; and iii by striking subclause viii ; and b in subsection d i in paragraph 4 b',
', by striking all beginning with , and may through act; and ii in paragraph 6 b i i by',
'striking subclause iv ; and ii by redesignating subclauses v through viii as subclauses iv through vii , respectively. 3',
'section 1501 a 2 b of such act 20 u.s.c. 6491 a 2 b is amended a by striking clause',
'v ; and b by redesignating clauses vi through x as clauses v through ix , respectively. 4 section 10101',
'b 1 a i of such act 20 u.s.c. 8001 b 1 a i is amended by striking and opportunity',
'to learn standards or strategies for student learning. 5 section 14701 b 1 b v of such act 20 u.s.c.',
'8941 b 1 b v is amended by striking the national education goals panel, and all that follows through assessments',
'and inserting and the national education goals panel. c general education provisions act. section 428 of the general education provisions',
'act 20 u.s.c. 1228b , as amended by section 237 of the improving americas schools act of 1994 public law',
'103 382 , is amended by striking the national education standards and improvement council,. d education amendments of 1978. section',
'1121 b of the education amendments of 1978 25 u.s.c. 2001 b , as amended by section 381 of the',
'improving americas schools act of 1994 public law 103 382 , is amended by striking 213 a and inserting 203',
'a 2 . sec. 704. direct grants to local educational agencies. section 304 of the goals 2000: educate america act',
'20 u.s.c. 5884 is amended by adding at the end the following new subsection: e direct grants to local educational',
'agencies. 1 in general. notwithstanding subsection c , if a state educational agency was not participating in the program under',
'this section as of october 20, 1995, and the state educational agency approves, the secretary shall use all or a',
'portion of the allotment that the state would have received under this section for a fiscal year to award grants',
'to local educational agencies in the state that have approved applications under paragraph 2 for such fiscal year. 2 application.',
'any local educational agency that desires to receive a grant under this subsection shall submit an application to the secretary',
'that is consistent with the provisions of this act and shall notify the state educational agency of such application in',
'accordance with paragraph 1 . the secretary may establish a deadline for the submission of such applications. 3 award basis.',
'the secretary may use the student enrollment of a local educational agency or other factors as a basis for awarding',
'grants under this subsection. sec. 705. alternative to secretarial approval of state plans. a state improvement plans. section 306 n',
'of the goals 2000: educate america act 20 u.s.c. 5886 n is amended by adding at the end the following',
'new paragraph: 4 alternative submission. a in general. notwithstanding any other provision of this title, any state educational agency that',
'wishes to receive an allotment under this title after the first year such state educational agency receives such an allotment',
'may, in lieu of submitting its state improvement plan for approval by the secretary under this subsection and section 305',
'c 2 , or submitting major amendments to the secretary under subsection p , provide the secretary, as part of',
'an application under section 305 c or as an amendment to a previously approved application i an assurance, from the',
'governor and the chief state school officer of the state, that i the state has a plan that meets the',
'requirements of this section and that is widely available throughout the state; and ii any amendments the state makes to',
'the plan will meet the requirements of this section; and ii the states benchmarks of improved student performance and of',
'progress in implementing the plan, and the timelines against which the states progress in carrying out the plan can be',
'measured. b annual report. any state educational agency that chooses to use the alternative method described in paragraph 1 shall',
'annually report to the public summary information on the use of funds under this title by the state and local',
'educational agencies in the state, as well as the states progress toward meeting the benchmarks and timelines described in subparagraph',
'a ii .. b state applications. section 305 c 2 of such act 20 u.s.c. 5885 c 2 is amended',
'by inserting except in the case of a state educational agency submitting the information described in section 306 n 4',
', before include. c secretarys review of applications. section 307 b 1 of such act 20 u.s.c. 5887 b 1',
'is amended 1 in subparagraph a , by striking or after the semicolon; 2 in subparagraph b , by striking',
'and after the semicolon and inserting or; and 3 by adding at the end the following new subparagraph: c the',
'state educational agency has submitted the information described in section 306 n 4 ; and. d progress reports. the matter',
'preceding paragraph 1 of section 312 a of such act 20 u.s.c. 5892 a is amended by striking each and',
'inserting except in the case of a state educational agency submitting the information described in section 306 n 4 ,',
'each. sec. 706. limitations. title iii of the goals 2000: educate america act 20 u.s.c. 5881 et seq. is further',
'amended by adding at the end the following new section: sec. 320. limitations. a prohibited conditions. nothing in this act',
'shall be construed to require a state, a local educational agency, or a school, as a condition of receiving assistance',
'under this title 1 to provide outcomes based education; or 2 to provide school based health clinics or any other',
'health or social service. b limitation on government officials. nothing in this act shall be construed to require or permit',
'any federal or state official to inspect a home, judge how parents raise their children, or remove children from their',
'parents, as a result of the participation of a state, local educational agency, or school in any program or activity',
'carried out under this act.. this act may be cited as the departments of labor, health and human services, and',
'education, and related agencies appropriations act, 1996. e for programs, projects or activities in the departments of veterans affairs and',
'housing and urban development, and independent agencies appropriations act, 1996, provided as follows, to be effective as if it had',
'been enacted into law as the regular appropriations act: an act making appropriations for the departments of veterans affairs and',
'housing and urban development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending september',
'30, 1996, and for other purposes title i department of veterans affairs veterans benefits administration compensation and pensions including transfer',
'of funds for the payment of compensation benefits to or on behalf of veterans as authorized by law 38 u.s.c.',
'107, chapters 11, 13, 51, 53, 55, and 61 ; pension benefits to or on behalf of veterans as authorized',
'by law 38 u.s.c. chapters 15, 51, 53, 55, and 61; 92 stat. 2508 ; and burial benefits, emergency and',
'other officers retirement pay, adjusted service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under',
'the provisions of article iv of the soldiers and sailors civil relief act of 1940, as amended, and for other',
'benefits as authorized by law 38 u.s.c. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50',
'u.s.c. app. 540 548; 43 stat. 122, 123; 45 stat. 735; 76 stat. 1198 ; $18,331,561,000, to remain available until',
'expended: provided, that not to exceed $25,180,000 of the amount appropriated shall be reimbursed to general operating expenses and medical',
'care for necessary expenses in implementing those provisions authorized in the omnibus budget reconciliation act of 1990, and in the',
'veterans benefits act of 1992 38 u.s.c. chapters 51, 53, and 55 , the funding source for which is specifically',
'provided as the compensation and pensions appropriation: provided further, that such sums as may be earned on an actual qualifying',
'patient basis, shall be reimbursed to medical facilities revolving fund to augment the funding of individual medical facilities for nursing',
'home care provided to pensioners as authorized by the veterans benefits act of 1992 38 u.s.c. chapter 55 : provided',
'further, that $12,000,000 previously transferred from compensation and pensions to medical facilities revolving fund shall be transferred to this heading.',
'readjustment benefits for the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law',
'38 u.s.c. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61 , $1,345,300,000, to remain available',
'until expended: provided, that funds shall be available to pay any court order, court award or any compromise settlement arising',
'from litigation involving the vocational training program authorized by section 18 of public law 98 77, as amended. veterans insurance',
'and indemnities for military and naval insurance, national service life insurance, servicemens indemnities, service disabled veterans insurance, and veterans mortgage',
'life insurance as authorized by law 38 u.s.c. chapter 19; 70 stat. 887; 72 stat. 487 , $24,890,000, to remain',
'available until expended. guaranty and indemnity program account including transfer of funds for the cost of direct and guaranteed loans,',
'such sums as may be necessary to carry out the purpose of the program, as authorized by 38 u.s.c. chapter',
'37, as amended: provided, that such costs, including the cost of modifying such loans, shall be as defined in section',
'502 of the congressional budget act of 1974, as amended. in addition, for administrative expenses to carry out the direct',
'and guaranteed loan programs, $65,226,000, which may be transferred to and merged with the appropriation for general operating expenses. loan',
'guaranty program account including transfer of funds for the cost of direct and guaranteed loans, such sums as may be',
'necessary to carry out the purpose of the program, as authorized by 38 u.s.c. chapter 37, as amended: provided, that',
'such costs, including the cost of modifying such loans, shall be as defined in section 502 of the congressional budget',
'act of 1974, as amended. in addition, for administrative expenses to carry out the direct and guaranteed loan programs, $52,138,000,',
'which may be transferred to and merged with the appropriation for general operating expenses. direct loan program account including transfer',
'of funds for the cost of direct loans, such sums as may be necessary to carry out the purpose of',
'the program, as authorized by 38 u.s.c. chapter 37, as amended: provided, that such costs, including the cost of modifying',
'such loans, shall be as defined in section 502 of the congressional budget act of 1974, as amended: provided further,',
'that during 1996, within the resources available, not to exceed $300,000 in gross obligations for direct loans are authorized for',
'specially adapted housing loans 38 u.s.c. chapter 37 . in addition, for administrative expenses to carry out the direct loan',
'program, $459,000, which may be transferred to and merged with the appropriation for general operating expenses. education loan fund program',
'account including transfer of funds for the cost of direct loans, $1,000, as authorized by 38 u.s.c. 3698, as amended:',
'provided, that such costs, including the cost of modifying such loans, shall be as defined in section 502 of the',
'congressional budget act of 1974, as amended: provided further, that these funds are available to subsidize gross obligations for the',
'principal amount of direct loans not to exceed $4,000. in addition, for administrative expenses necessary to carry out the direct',
'loan program, $195,000, which may be transferred to and merged with the appropriation for general operating expenses. vocational rehabilitation loans',
'program account including transfer of funds for the cost of direct loans, $54,000, as authorized by 38 u.s.c. chapter 31,',
'as amended: provided, that such costs, including the cost of modifying such loans, shall be as defined in section 502',
'of the congressional budget act of 1974, as amended: provided further, that these funds are available to subsidize gross obligations',
'for the principal amount of direct loans not to exceed $1,964,000. in addition, for administrative expenses necessary to carry out',
'the direct loan program, $377,000, which may be transferred to and merged with the appropriation for general operating expenses. native',
'american veteran housing loan program account including transfer of funds for administrative expenses to carry out the direct loan program',
'authorized by 38 u.s.c. chapter 37, subchapter v, as amended, $205,000, which may be transferred to and merged with the',
'appropriation for general operating expenses. veterans health administration medical care for necessary expenses for the maintenance and operation of hospitals,',
'nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of',
'the department of veterans affairs, including care and treatment in facilities not under the jurisdiction of the department of veterans',
'affairs, and furnishing recreational facilities, supplies, and equipment; funeral, burial, and other expenses incidental thereto for beneficiaries receiving care in',
'department of veterans affairs facilities; administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction',
'and renovation of any facility under the jurisdiction or for the use of the department of veterans affairs; oversight, engineering',
'and architectural activities not charged to project cost; repairing, altering, improving or providing facilities in the several hospitals and homes',
'under the jurisdiction of the department of veterans affairs, not otherwise provided for, either by contract or by the hire',
'of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by law 5 u.s.c. 5901 5902 ;',
'aid to state homes as authorized by law 38 u.s.c. 1741 ; and not to exceed $8,000,000 to fund cost',
'comparison studies as referred to in 38 u.s.c. 8110 a 5 ; $16,564,000,000, plus reimbursements: provided, that of the funds',
'made available under this heading, $789,000,000 is for the equipment and land and structures object classifications only, which amount shall',
'not become available for obligation until august 1, 1996, and shall remain available for obligation until september 30, 1997. medical',
'and prosthetic research for necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by',
'law 38 u.s.c. chapter 73 , to remain available until september 30, 1997, $257,000,000, plus reimbursements. medical administration and miscellaneous',
'operating expenses for necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities,',
'as authorized by law; administrative expenses in support of planning, design, project management, architectural, engineering, real property acquisition and disposition,',
'construction and renovation of any facility under the jurisdiction or for the use of the department of veterans affairs, including',
'site acquisition; engineering and architectural activities not charged to project cost; and research and development in building construction technology; $63,602,000,',
'plus reimbursements. transitional housing loan program including transfer of funds for the cost of direct loans, $7,000, as authorized by',
'public law 102 54, section 8, which shall be transferred from the general post fund: provided, that such costs, including',
'the cost of modifying such loans, shall be as defined in section 502 of the congressional budget act of 1974,',
'as amended: provided further, that these funds are available to subsidize gross obligations for the principal amount of direct loans',
'not to exceed $70,000. in addition, for administrative expenses to carry out the direct loan program, $54,000, which shall be',
'transferred from the general post fund, as authorized by public law 102 54, section 8. departmental administration general operating expenses',
'for necessary operating expenses of the department of veterans affairs, not otherwise provided for, including uniforms or allowances therefor, as',
'authorized by law; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement',
'of the general services administration for security guard services, and the department of defense for the cost of overseas employee',
'mail; $848,143,000: provided, that of the amount appropriated and any other funds made available from any other source for activities',
'funded under this heading, except reimbursements, not to exceed $214,109,000 shall be available for general administration; including not to exceed',
'1 $3,206,000 for personnel compensation and benefits and $50,000 for travel in the office of the secretary, 2 $75,000 for',
'travel in the office of the assistant secretary for policy and planning, 3 $33,000 for travel in the office of',
'the assistant secretary for congressional affairs, and 4 $100,000 for travel in the office of assistant secretary for public and',
'intergovernmental affairs: provided further, that during fiscal year 1996, notwithstanding any other provision of law, the number of individuals employed',
'by the department of veterans affairs 1 in other than career appointee positions in the senior executive service shall not',
'exceed 6, and 2 in schedule c positions shall not exceed 11: provided further, that not to exceed $6,000,000 of',
'the amount appropriated shall be available for administrative expenses to carry out the direct and guaranteed loan programs under the',
'loan guaranty program account: provided further, that funds under this heading shall be available to administer the service members occupational',
'conversion and training act: provided further, that none of the funds under this heading may be obligated or expended for',
'the acquisition of automated data processing equipment and services for department of veterans affairs regional offices to support stage iii',
'of the automated data equipment modernization program of the veterans benefits administration. national cemetery system for necessary expenses for the',
'maintenance and operation of the national cemetery system not otherwise provided for, including uniforms or allowances therefor, as authorized by',
'law; cemeterial expenses as authorized by law; purchase of three passenger motor vehicles, for use in cemeterial operations; and hire',
'of passenger motor vehicles, $72,604,000. 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, $30,900,000. construction, major projects including transfer of funds',
'for constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the department',
'of veterans affairs, or for any of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,',
'8109, 8110, and 8122 of title 38, united states code, including planning, architectural and engineering services, maintenance or guarantee period',
'services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system',
'construction costs, and site acquisition, where the estimated cost of a project is $3,000,000 or more or where funds for',
'a project were made available in a previous major project appropriation, $136,155,000, to remain available until expended: provided, that except',
'for advance planning of projects funded through the advance planning fund and the design of projects funded through the design',
'fund, none of these funds shall be used for any project which has not been considered and approved by the',
'congress in the budgetary process: provided further, that funds provided in this appropriation for fiscal year 1996, for each approved',
'project shall be obligated 1 by the awarding of a construction documents contract by september 30, 1996, and 2 by',
'the awarding of a construction contract by september 30, 1997: provided further, that the secretary shall promptly report in writing',
'to the comptroller general and to the committees on appropriations any approved major construction project in which obligations are not',
'incurred within the time limitations established above; and the comptroller general shall review the report in accordance with the procedures',
'established by section 1015 of the impoundment control act of 1974 title x of public law 93 344 : provided',
'further, that no funds from any other account except the parking revolving fund, may be obligated for constructing, altering, extending,',
'or improving a project which was approved in the budget process and funded in this account until one year after',
'substantial completion and beneficial occupancy by the department of veterans affairs of the project or any part thereof with respect',
'to that part only: provided further, that of the funds made available under this heading in public law 103 327,',
'$7,000,000 shall be transferred to the parking revolving fund. construction, minor projects for constructing, altering, extending, and improving any of',
'the facilities under the jurisdiction or for the use of the department of veterans affairs, including planning, architectural and engineering',
'services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite',
'utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections',
'316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, united states code, where the estimated',
'cost of a project is less than $3,000,000, $190,000,000, to remain available until expended, along with unobligated balances of previous',
'construction, minor projects appropriations which are hereby made available for any project where the estimated cost is less than $3,000,000:',
'provided, that funds in this account shall be available for 1 repairs to any of the nonmedical facilities under the',
'jurisdiction or for the use of the department of veterans affairs which are necessary because of loss or damage caused',
'by any natural disaster or catastrophe, and 2 temporary measures necessary to prevent or to minimize further loss by such',
'causes. parking revolving fund for the parking revolving fund as authorized by law 38 u.s.c. 8109 , income from fees',
'collected, to remain available until expended. resources of this fund shall be available for all expenses authorized by 38 u.s.c.',
'8109 except operations and maintenance costs which will be funded from medical care. grants for construction of state extended care',
'facilities for grants to assist the several states to acquire or construct state nursing home and domiciliary facilities and to',
'remodel, modify or alter existing hospital, nursing home and domiciliary facilities in state homes, for furnishing care to veterans as',
'authorized by law 38 u.s.c. 8131 8137 , $47,397,000, to remain available until expended. grants for the construction of state',
'veterans cemeteries for grants to aid states in establishing, expanding, or improving state veteran cemeteries as authorized by law 38',
'u.s.c. 2408 , $1,000,000, to remain available until september 30, 1998. administrative provisions including transfer of funds sec. 101. any',
'appropriation for 1996 for compensation and pensions, readjustment benefits, and veterans insurance and indemnities may be transferred to any other',
'of the mentioned appropriations. sec. 102. appropriations available to the department of veterans affairs for 1996 for salaries and expenses',
'shall be available for services as authorized by 5 u.s.c. 3109. sec. 103. no part of the appropriations in this',
'act for the department of veterans affairs except the appropriations for construction, major projects, construction, minor projects, and the parking',
'revolving fund shall be available for the purchase of any site for or toward the construction of any new hospital',
'or home. sec. 104. no part of the foregoing appropriations shall be available for hospitalization or examination of any persons',
'except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation',
'at such rates as may be fixed by the secretary of veterans affairs. sec. 105. appropriations available to the department',
'of veterans affairs for fiscal year 1996 for compensation and pensions, readjustment benefits, and veterans insurance and indemnities shall be',
'available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts',
'within the last quarter of fiscal year 1995. sec. 106. appropriations accounts available to the department of veterans affairs for',
'fiscal year 1996 shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from title',
'x of the competitive equality banking act, public law 100 86, except that if such obligations are from trust fund',
'accounts they shall be payable from compensation and pensions. sec. 107. notwithstanding any other provision of law, the secretary of',
'veterans affairs is authorized to transfer, without compensation or reimbursement, the jurisdiction and control of a parcel of land consisting',
'of approximately 6.3 acres, located on the south edge of the department of veterans affairs medical and regional office center,',
'wichita, kansas, including buildings nos. 8 and 30 and other improvements thereon, to the secretary of transportation for the purpose',
'of expanding and modernizing united states highway 54: provided, that if necessary, the exact acreage and legal description of the',
'real property transferred shall be determined by a survey satisfactory to the secretary of veterans affairs and the secretary of',
'transportation shall bear the cost of such survey: provided further, that the secretary of transportation shall be responsible for all',
'costs associated with the transferred land and improvements thereon, and compliance with all existing statutes and regulations: provided further, that',
'the secretary of veterans affairs and the secretary of transportation may require such additional terms and conditions as each secretary',
'considers appropriate to effectuate this transfer of land. sec. 108. construction authorization. authorization of major medical facility projects and major',
'medical facility leases for the department of veterans affairs for fiscal year 1996. a authorization of major medical facility projects.',
'the secretary of veterans affairs may carry out the following major medical facility projects, with each project to be carried',
'out in the amount authorized for that project: 1 construction of an outpatient clinic in brevard county, florida, in the',
'amount of $25,000,000. 2 construction of an outpatient clinic at travis air force base in fairfield, california, in the amount',
'of $25,000,000. 3 construction of an ambulatory care addition at the department of veterans affairs medical center in boston, massachusetts',
'in the amount of $28,000,000. 4 construction of a medical research addition at the department of veterans affairs medical center',
'in portland, oregon, an additional authorization in the amount of $16,000,000, for a total amount of $32,100,000. b authorization of',
'major medical facility leases. the secretary of veterans affairs may enter into leases for medical facilities as follows: 1 lease',
'of a satellite outpatient clinic in fort myers, florida, in the amount of $1,736,000. 2 lease of a national footwear',
'center in new york, new york, in the amount of $1,054,000. c authorization of appropriations. there are authorized to be',
'appropriated to the secretary of veterans affairs for fiscal year 1996 1 $94,000,000 for the major medical facility projects authorized',
'in subsection a ; and 2 $2,790,000 for the major medical facility leases authorized in subsection b . d limitation.',
'the projects authorized in subsection a may only be carried out using 1 funds appropriated for fiscal year 1996 and',
'subsequent fiscal years pursuant to the authorization of appropriations in subsection c ; 2 funds appropriated for construction, major projects',
'for a fiscal year before fiscal year 1996 that remain available for obligation; and 3 funds appropriated for construction, major',
'projects for fiscal year 1996 for a category of activity not specific to a project. e limitation concerning outpatient clinic',
'projects. in the case of either of the projects for a new outpatient clinic authorized in paragraphs 1 and 2',
'of subsection a 1 the secretary of veterans affairs may not obligate any funds for that project until the secretary',
'determines, and certifies to the committees on veterans affairs of the senate and house of representatives, the amount required for',
'the project; and 2 the amount obligated for the project may not exceed the amount certified under paragraph 1 with',
'respect to that project. sec. 109. a designation. the walla walla veterans medical center located at 77 wainwright drive, walla',
'walla, washington, shall be known and designated as the jonathan m. wainwright memorial va medical center. b references. any reference',
'in a law, map, regulation, document, paper, or other record of the united states to the walla walla veterans medical',
'center referred to in subsection a shall be deemed to be a reference to the jonathan m. wainwright memorial va',
'medical center. title ii department of housing and urban development housing programs annual contributions for assisted housing for assistance under',
'the united states housing act of 1937, as amended the act herein 42 u.s.c. 1437 , not otherwise provided for,',
'$9,818,795,000, to remain available until expended: provided, that of the total amount provided under this head, $160,000,000 shall be for',
'the development or acquisition cost of public housing for indian families, including amounts for housing under the mutual help homeownership',
'opportunity program under section 202 of the act 42 u.s.c. 1437bb : provided further, that of the total amount provided',
'under this head, $2,500,000,000 shall be for modernization of existing public housing projects pursuant to section 14 of the act',
'42 u.s.c. 1437l , including up to $20,000,000 for the inspection of public housing units, contract expertise, and training and',
'technical assistance, directly or indirectly, under grants, contracts, or cooperative agreements, to assist in the oversight and management of public',
'and indian housing whether or not the housing is being modernized with assistance under this proviso or tenant based assistance,',
'including, but not limited to, an annual resident survey, data collection and analysis, training and technical assistance by or to',
'officials and employees of the department and of public housing agencies and to residents in connection with the public and',
'indian housing program, or for carrying out activities under section 6 j of the act: provided further, that of the',
'total amount provided under this head, $400,000,000 shall be for rental subsidy contracts under the section 8 existing housing certificate',
'program and the housing voucher program under section 8 of the act, except that such amounts shall be used only',
'for units necessary to provide housing assistance for residents to be relocated from existing federally subsidized or assisted housing, for',
'replacement housing for units demolished or disposed of including units to be disposed of pursuant to a homeownership program under',
'section 5 h or title iii of the united states housing act of 1937 from the public housing inventory, for',
'funds related to litigation settlements, for the conversion of section 23 projects to assistance under section 8, for public housing',
'agencies to implement allocation plans approved by the secretary for designated housing, for funds to carry out the family unification',
'program, and for the relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant',
'to a request from a law enforcement or prosecution agency: provided further, that of the total amount provided under this',
'head, $4,007,862,000 shall be for assistance under the united states housing act of 1937 42 u.s.c. 1437 for use in',
'connection with expiring or terminating section 8 subsidy contracts, such amounts shall be merged with all remaining obligated and unobligated',
'balances heretofore appropriated under the heading renewal of expiring section 8 subsidy contracts: provided further, that notwithstanding any other provision',
'of law, assistance reserved under the two preceding provisos may be used in connection with any provision of federal law',
'enacted in this act or after the enactment of this act that authorizes the use of rental assistance amounts in',
'connection with such terminated or expired contracts: provided further, that the secretary may determine not to apply section 8 o',
'6 b of the act to housing vouchers during fiscal year 1996: provided further, that of the total amount provided',
'under this head, $610,575,000 shall be for amendments to section 8 contracts other than contracts for projects developed under section',
'202 of the housing act of 1959, as amended; and $192,000,000 shall be for section 8 assistance and rehabilitation grants',
'for property disposition: provided further, that 50 per centum of the amounts of budget authority, or in lieu thereof 50',
'per centum of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012',
'a of the stewart b. mckinney homeless assistance amendments act of 1988 public law 100 628, 102 stat. 3224, 3268',
'shall be rescinded, or in the case of cash, shall be remitted to the treasury, and such amounts of budget',
'authority or cash recaptured and not rescinded or remitted to the treasury shall be used by state housing finance agencies',
'or local governments or local housing agencies with projects approved by the secretary of housing and urban development for which',
'settlement occurred after january 1, 1992, in accordance with such section: provided further, that of the total amount provided under',
'this head, $171,000,000 shall be for housing opportunities for persons with aids under title viii, subtitle d of the cranston',
'gonzalez national affordable housing act; and $65,000,000 shall be for the lead based paint hazard reduction program as authorized under',
'sections 1011 and 1053 of the residential lead based hazard reduction act of 1992: provided further, that the secretary may',
'make up to $5,000,000 of any amount recaptured in this account available for the development of performance and financial systems.',
'of the total amount provided under this head, $624,000,000, plus amounts recaptured from interest reduction payment contracts for section 236',
'projects whose owners prepay their mortgages during fiscal year 1996 which amounts shall be transferred and merged with this account',
', shall be for use in conjunction with properties that are eligible for assistance under the low income housing preservation',
'and resident homeownership act of 1990 lihprha or the emergency low income housing preservation act of 1987 elihpa : provided,',
'that prior to august 15, 1996, funding to carry out plans of action shall be limited to sales of projects',
'to non profit organizations, tenant sponsored organizations, and other priority purchasers: provided further, that of the amount made available by',
'this paragraph, up to $10,000,000 shall be available for preservation technical assistance grants pursuant to section 253 of the housing',
'and community development act of 1987, as amended: provided further, that with respect to amounts made available by this paragraph,',
'after august 15, 1996, if the secretary determines that the demand for funding may exceed amounts available for such funding,',
'the secretary 1 may determine priorities for distributing available funds, including giving priority funding to tenants displaced due to mortgage',
'prepayment and to projects that have not yet been funded but which have approved plans of action; and 2 may',
'impose a temporary moratorium on applications by potential recipients of such funding: provided further, that an owner of eligible low',
'income housing may prepay the mortgage or request voluntary termination of a mortgage insurance contract, so long as said owner',
'agrees not to raise rents for sixty days after such prepayment: provided further, that an owner of eligible low income',
'housing who has not timely filed a second notice under section 216 d prior to the effective date of this',
'act may file such notice by april 15, 1996: provided further, that such developments have been determined to have preservation',
'equity at least equal to the lesser of $5,000 per unit or $500,000 per project or the equivalent of eight',
'times the most recently published fair market rent for the area in which the project is located as the appropriate',
'unit size for all of the units in the eligible project: provided further, that the secretary may modify the regulatory',
'agreement to permit owners and priority purchasers to retain rental income in excess of the basic rental charge in projects',
'assisted under section 236 of the national housing act, for the purpose of preserving the low and moderate income character',
'of the housing: provided further, that the secretary may give priority to funding and processing the following projects provided that',
'the funding is obligated not later than september 15, 1996: 1 projects with approved plans of action to retain the',
'housing that file a modified plan of action no later than august 15, 1996 to transfer the housing; 2 projects',
'with approved plans of action that are subject to a repayment or settlement agreement that was executed between the owner',
'and the secretary prior to september 1, 1995; 3 projects for which submissions were delayed as a result of their',
'location in areas that were designated as a federal disaster area in a presidential disaster declaration; and 4 projects whose',
'processing was, in fact, or in practical effect, suspended, deferred, or interrupted for a period of nine months or more',
'because of differing interpretations, by the secretary and an owner concerning the time of the ability of an uninsured section',
'236 property to prepay or by the secretary and a state or local rent regulatory agency, concerning the effect of',
'a presumptively applicable state or local rent control law or regulation on the determination of preservation value under section 213',
'of lihprha, as amended, if the owner of such project filed notice of intent to extend the low income affordability',
'restrictions of the housing, or transfer to a qualified purchaser who would extend such restrictions, on or before november 1,',
'1993: provided further, that eligible low income housing shall include properties meeting the requirements of this paragraph with mortgages that',
'are held by a state agency as a result of a sale by the secretary without insurance, which immediately before',
'the sale would have been eligible low income housing under lihprha: provided further, that notwithstanding any other provision of law,',
'subject to the availability of appropriated funds, each unassisted low income family residing in the housing on the date of',
'prepayment or voluntary termination, and whose rent, as a result of a rent increase occurring no later than one year',
'after the date of the prepayment, exceeds 30 percent of adjusted income, shall be offered tenant based assistance in accordance',
'with section 8 or any successor program, under which the family shall pay no less for rent than it paid',
'on such date: provided further, that any family receiving tenant based assistance under the preceding proviso may elect 1 to',
'remain in the unit of the housing and if the rent exceeds the fair market rent or payment standard, as',
'applicable, the rent shall be deemed to be the applicable standard, so long as the administering public housing agency finds',
'that the rent is reasonable in comparison with rents charged for comparable unassisted housing units in the market or 2',
'to move from the housing and the rent will be subject to the fair market rent of the payment standard,',
'as applicable, under existing program rules and procedures: provided further, that rents and rent increases for tenants of projects for',
'which plans of action are funded under section 220 d 3 b of lihprha shall be governed in accordance with',
'the requirements of the program under which the first mortgage is insured or made sections 236 or 221 d 3',
'bmir, as appropriate : provided further, that the immediately foregoing proviso shall apply hereafter to projects for which plans of',
'action are to be funded under such section 220 d 3 b , and shall apply to any project that',
'has been funded under such section starting one year after the date that such project was funded: provided further, that',
'up to $10,000,000 of the amount made available by this paragraph may be used at the discretion of the secretary',
'to reimburse owners of eligible properties for which plans of action were submitted prior to the effective date of this',
'act, but were not executed for lack of available funds, with such reimbursement available only for documented costs directly applicable',
'to the preparation of the plan of action as determined by the secretary, and shall be made available on terms',
'and conditions to be established by the secretary: provided further, that, notwithstanding any other provision of law, effective october 1,',
'1996, the secretary shall suspend further processing of preservation applications which do not have approved plans of action. of the',
'total amount provided under this head, $780,190,000 shall be for capital advances, including amendments to capital advance contracts, for housing',
'for the elderly, as authorized by section 202 of the housing act of 1959, as amended, and for project rental',
'assistance, and amendments to contracts for project rental assistance, for supportive housing for the elderly under section 202 c 2',
'of the housing act of 1959; and $233,168,000 shall be for capital advances, including amendments to capital advance contracts, for',
'supportive housing for persons with disabilities, as authorized by section 811 of the cranston gonzalez national affordable housing act; and',
'for project rental assistance, and amendments to contracts for project rental assistance, for supportive housing for persons with disabilities as',
'authorized by section 811 of the cranston gonzalez national affordable housing act: provided, that the secretary may designate up to',
'25 percent of the amounts earmarked under this paragraph for section 811 of the cranston gonzalez national affordable housing act',
'for tenant based assistance, as authorized under that section, which assistance is five years in duration: provided further, that the',
'secretary may waive any provision of section 202 of the housing act of 1959 and section 811 of the national',
'affordable housing act including the provisions governing the terms and conditions of project rental assistance that the secretary determines is',
'not necessary to achieve the objectives of these programs, or that otherwise impedes the ability to develop, operate or administer',
'projects assisted under these programs, and may make provision for alternative conditions or terms where appropriate. of the total amount',
'provided under this heading, and in addition to funds otherwise earmarked in the previous paragraph, for section 202 of the',
'housing act of 1959 and section 811 of the cranston gonzalez national affordable housing act, $75,000,000: provided, that $50,000,000 of',
'such sum shall be available for purposes authorized by section 202 of the housing act of 1959, and $25,000,000 shall',
'be available for purposes authorized by section 811 of the cranston gonzalez national affordable housing act: provided further, that such',
'additional sums shall be available only to provide for rental subsidy terms of a longer duration than would otherwise be',
'permitted by this act. public housing demolition, site revitalization, and replacement housing grants for grants to public housing agencies for',
'the purposes of enabling the demolition of obsolete public housing projects or portions thereof, the revitalization where appropriate of sites',
'including remaining public housing units on which such projects are located, replacement housing which will avoid or lessen concentrations of',
'very low income families, and tenant based assistance in accordance with section 8 of the united states housing act of',
'1937 for the purpose of providing replacement housing and assisting tenants to be displaced by the demolition, $480,000,000, to remain',
'available until expended: provided, that the secretary of housing and urban development shall award such funds to public housing agencies',
'based upon, among other relevant criteria, the local and national impact of the proposed demolition and revitalization activities and the',
'extent to which the public housing agency could undertake such activities without the additional assistance to be provided hereunder: provided',
'further, that eligible expenditures hereunder shall be those expenditures eligible under section 8 and section 14 of the united states',
'housing act of 1937 42 u.s.c. 1437 f and l : provided further, that the secretary may impose such conditions',
'and requirements as the secretary deems appropriate to effectuate the purposes of this paragraph: provided further, that the secretary may',
'require an agency selected to receive funding to make arrangements satisfactory to the secretary for use of an entity other',
'than the agency to carry out this program where the secretary determines that such action will help to effectuate the',
'purpose of this paragraph: provided further, that in the event an agency selected to receive funding does not proceed expeditiously',
'as determined by the secretary, the secretary shall withdraw any funding made available pursuant to this paragraph that has not',
'been obligated by the agency and distribute such funds to one or more other eligible agencies, or to other entities',
'capable of proceeding expeditiously in the same locality with the original program: provided further, that of the foregoing $480,000,000, the',
'secretary may use up to .67 per centum for technical assistance, to be provided directly or indirectly by grants, contracts',
'or cooperative agreements, including training and cost of necessary travel for participants in such training, by or to officials and',
'employees of the department and of public housing agencies and to residents: provided further, that any replacement housing provided with',
'assistance under this head shall be subject to section 18 f of the united states housing act of 1937, as',
'amended by section 201 b 2 of this act. flexible subsidy fund including transfer of funds from the fund established',
'by section 236 g of the national housing act, as amended, all uncommitted balances of excess rental charges as of',
'september 30, 1995, and any collections during fiscal year 1996 shall be transferred, as authorized under such section, to the',
'fund authorized under section 201 j of the housing and community development amendments of 1978, as amended. rental housing assistance',
'rescission the limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts',
'entered into under section 236 of the national housing act 12 u.s.c. 1715z 1 is reduced in fiscal year 1996',
'by not more than $2,000,000 in uncommitted balances of authorizations provided for this purpose in appropriations acts: provided, that up',
'to $163,000,000 of recaptured section 236 budget authority resulting from the prepayment of mortgages subsidized under section 236 of the',
'national housing act 12 u.s.c. 1715z 1 shall be rescinded in fiscal year 1996. payments for operation of low income',
'housing projects for payments to public housing agencies and indian housing authorities for operating subsidies for low income housing projects',
'as authorized by section 9 of the united states housing act of 1937, as amended 42 u.s.c. 1437g , $2,800,000,000.',
'drug elimination grants for low income housing for grants to public and indian housing agencies for use in eliminating crime',
'in public housing projects authorized by 42 u.s.c. 11901 11908, for grants for federally assisted low income housing authorized by',
'42 u.s.c. 11909, and for drug information clearinghouse services authorized by 42 u.s.c. 11921 11925, $290,000,000, to remain available until',
'expended, of which $10,000,000 shall be for grants, technical assistance, contracts and other assistance training, program assessment, and execution for',
'or on behalf of public housing agencies and resident organizations including the cost of necessary travel for participants in such',
'training and of which $2,500,000 shall be used in connection with efforts to combat violent crime in public and assisted',
'housing under the operation safe home program administered by the inspector general of the department of housing and urban development:',
'provided, that the term drug related crime, as defined in 42 u.s.c. 11905 2 , shall also include other types',
'of crime as determined by the secretary: provided further, that notwithstanding section 5130 c of the anti drug abuse act',
'of 1988 42 u.s.c. 11909 c , the secretary may determine not to use any such funds to provide public',
'housing youth sports grants. home investment partnerships program for the home investment partnerships program, as authorized under title ii of',
'the cranston gonzalez national affordable housing act public law 101 625 , as amended, $1,400,000,000, to remain available until expended.',
'indian housing loan guarantee fund program account for the cost of guaranteed loans, $3,000,000, as authorized by section 184 of',
'the housing and community development act of 1992 106 stat. 3739 : provided, that such costs, including the costs of',
'modifying such loans, shall be as defined in section 502 of the congressional budget act of 1974, as amended: provided',
'further, that these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not',
'to exceed $36,900,000. homeless assistance homeless assistance grants for the emergency shelter grants program as authorized under subtitle b of',
'title iv of the stewart b. mckinney homeless assistance act public law 100 77 , as amended ; the supportive',
'housing program as authorized under subtitle c of title iv of such act ; the section 8 moderate rehabilitation single',
'room occupancy program as authorized under the united states housing act of 1937, as amended to assist homeless individuals pursuant',
'to section 441 of the stewart b. mckinney homeless assistance act; and the shelter plus care program as authorized under',
'subtitle f of title iv of such act , $823,000,000, to remain available until expended. community planning and development community',
'development grants including transfer of funds for grants to states and units of general local government and for related expenses,',
'not otherwise provided for, necessary for carrying out a community development grants program as authorized by title i of the',
'housing and community development act of 1974, as amended 42 u.s.c. 5301 , $4,600,000,000, to remain available until september 30,',
'1998: provided, that $50,000,000 shall be available for grants to indian tribes pursuant to section 106 a 1 of the',
'housing and community development act of 1974, as amended 42 u.s.c. 5301 , $2,000,000 shall be available as a grant',
'to the housing assistance council, $1,000,000 shall be available as a grant to the national american indian housing council, and',
'$27,000,000 shall be available for special purpose grants pursuant to section 107 of such act: provided further, that not to',
'exceed 20 per centum of any grant made with funds appropriated herein other than a grant made available under the',
'preceding proviso to the housing assistance council or the national american indian housing council, or a grant using funds under',
'section 107 b 3 of the housing and community development act of 1974 shall be expended for planning and management',
'development and administration as defined in regulations promulgated by the department of housing and urban development: provided further, that section',
'105 a 25 of such act, as added by section 907 b 1 of the cranston gonzalez national affordable housing',
'act, shall continue to be effective after september 30, 1995, notwithstanding section 907 b 2 of such act: provided further,',
'that section 916 of the cranston gonzalez national affordable housing act shall apply with respect to fiscal year 1996, notwithstanding',
'section 916 f of that act. of the amount provided under this heading, the secretary of housing and urban development',
'may use up to $53,000,000 for grants to public housing agencies including indian housing authorities , nonprofit corporations, and other',
'appropriate entities for a supportive services program to assist residents of public and assisted housing, former residents of such housing',
'receiving tenant based assistance under section 8 of such act 42 u.s.c. 1437f , and other low income families and',
'individuals to become self sufficient: provided, that the program shall provide supportive services, principally for the benefit of public housing',
'residents, to the elderly and the disabled, and to families with children where the head of the household would benefit',
'from the receipt of supportive services and is working, seeking work, or is preparing for work by participating in job',
'training or educational programs: provided further, that the supportive services shall include congregate services for the elderly and disabled, service',
'coordinators, and coordinated educational, training, and other supportive services, including academic skills training, job search assistance, assistance related to retaining',
'employment, vocational and entrepreneurship development and support programs, transportation, and child care: provided further, that the secretary shall require applicants',
'to demonstrate firm commitments of funding or services from other sources: provided further, that the secretary shall select public and',
'indian housing agencies to receive assistance under this head on a competitive basis, taking into account the quality of the',
'proposed program including any innovative approaches , the extent of the proposed coordination of supportive services, the extent of commitments',
'of funding or services from other sources, the extent to which the proposed program includes reasonably achievable, quantifiable goals for',
'measuring performance under the program over a three year period, the extent of success an agency has had in carrying',
'out other comparable initiatives, and other appropriate criteria established by the secretary. of the amount made available under this heading,',
'notwithstanding any other provision of law, $12,000,000 shall be available for contracts, grants, and other assistance, other than loans, not',
'otherwise provided for, for providing counseling and advice to tenants and homeowners both current and prospective, with respect to property',
'maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and',
'meeting the responsibilities of tenancy or homeownership, including provisions for training and for support of voluntary agencies and services as',
'authorized by section 106 of the housing and urban development act of 1968, as amended, notwithstanding section 106 c 9',
'and section 106 d 13 of such act. of the amount made available under this heading, notwithstanding any other provision',
'of law, $15,000,000 shall be available for the tenant opportunity program. of the amount made available under this heading, notwithstanding',
'any other provision of law, $20,000,000 shall be available for youthbuild program activities authorized by subtitle d of title iv',
'of the cranston gonzalez national affordable housing act, as amended, and such activities shall be an eligible activity with respect',
'to any funds made available under this heading. of the amount made available under this heading, notwithstanding any other provision',
'of law, $50,000,000 shall be available for economic development initiative grants as authorized by section 232 of the multifamily housing',
'property disposition reform act of 1994, public law 103 233, on a competitive basis as required by section 102 of',
'the hud reform act. for the cost of guaranteed loans, $31,750,000, as authorized by section 108 of the housing and',
'community development act of 1974: provided, that such costs, including the cost of modifying such loans, shall be as defined',
'in section 502 of the congressional budget act of 1974, as amended: provided further, that these funds are available to',
'subsidize total loan principal, any part of which is to be guaranteed, not to exceed $1,500,000,000: provided further, that the',
'secretary of housing and urban development may make guarantees not to exceed the immediately foregoing amount notwithstanding the aggregate limitation',
'on guarantees set forth in section 108 k of the housing and community development act of 1974. in addition, for',
'administrative expenses to carry out the guaranteed loan program, $675,000 which shall be transferred to and merged with the appropriation',
'for departmental salaries and expenses. the amount made available for fiscal year 1995 for a special purpose grant for the',
'renovation of the central terminal in buffalo, new york, shall be made available for the central terminal and for other',
'public facilities in buffalo, new york. policy development and research research and technology for contracts, grants, and necessary expenses of',
'programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title v',
'of the housing and urban development act of 1970, as amended 12 u.s.c. 1701z 1 et seq. , including carrying',
'out the functions of the secretary under section 1 a 1 i of reorganization plan no. 2 of 1968, $34,000,000,',
'to remain available until september 30, 1997. fair housing and equal opportunity fair housing activities for contracts, grants, and other',
'assistance, not otherwise provided for, as authorized by title viii of the civil rights act of 1968, as amended by',
'the fair housing amendments act of 1988, and for contracts with qualified fair housing enforcement organizations, as authorized by section',
'561 of the housing and community development act of 1987, as amended by the housing and community development act of',
'1992, $30,000,000, to remain available until september 30, 1997. management and administration salaries and expenses including transfers of funds for',
'necessary administrative and nonadministrative expenses of the department of housing and urban development, not otherwise provided for, including not to',
'exceed $7,000 for official reception and representation expenses, $962,558,000, of which $532,782,000 shall be provided from the various funds of',
'the federal housing administration, and $9,101,000 shall be provided from funds of the government national mortgage association, and $675,000 shall',
'be provided from the community development grants program account. office of inspector general salaries and expenses including transfer of funds',
'for necessary expenses of the office of inspector general in carrying out the provisions of the inspector general act of',
'1978, as amended, $47,850,000, of which $11,283,000 shall be transferred from the various funds of the federal housing administration. office',
'of federal housing enterprise oversight salaries and expenses including transfer of funds for carrying out the federal housing enterprise financial',
'safety and soundness act of 1992, $14,895,000, to remain available until expended, from the federal housing enterprise oversight fund: provided,',
'that such amounts shall be collected by the director as authorized by section 1316 a and b of such act,',
'and deposited in the fund under section 1316 f of such act. federal housing administration fha mutual mortgage insurance program',
'account including transfers of funds during fiscal year 1996, commitments to guarantee loans to carry out the purposes of section',
'203 b of the national housing act, as amended, shall not exceed a loan principal of $110,000,000,000: provided, that during',
'fiscal year 1996, the secretary shall sell assigned mortgage notes having an unpaid principal balance of up to $4,000,000,000, which',
'notes were originally insured under section 203 b of the national housing act: provided further, that the secretary may use',
'any negative subsidy amounts from the sale of such assigned mortgage notes during fiscal year 1996 for the disposition of',
'properties or notes under this heading. during fiscal year 1996, obligations to make direct loans to carry out the purposes',
'of section 204 g of the national housing act, as amended, shall not exceed $200,000,000: provided, that the foregoing amount',
'shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by',
'the secretary and formerly insured under section 203 of such act. for administrative expenses necessary to carry out the guaranteed',
'and direct loan program, $341,595,000, to be derived from the fha mutual mortgage insurance guaranteed loans receipt account, of which',
'not to exceed $334,483,000 shall be transferred to the appropriation for departmental salaries and expenses; and of which not to',
'exceed $7,112,000 shall be transferred to the appropriation for the office of inspector general. fha general and special risk program',
'account including transfers of funds for the cost of guaranteed loans, as authorized by sections 238 and 519 of the',
'national housing act 12 u.s.c. 1715z 3 and 1735c , including the cost of modifying such loans, $85,000,000, to remain',
'available until expended: provided, that such costs shall be as defined in section 502 of the congressional budget act of',
'1974, as amended: provided further, that these funds are available to subsidize total loan principal any part of which is',
'to be guaranteed of not to exceed $17,400,000,000: provided further, that during fiscal year 1996, the secretary shall sell assigned',
'notes having an unpaid principal balance of up to $4,000,000,000, which notes were originally obligations of the funds established under',
'sections 238 and 519 of the national housing act: provided further, that the secretary may use any negative subsidy amounts,',
'to remain available until expended, from the sale of such assigned mortgage notes, in addition to amounts otherwise provided, for',
'the disposition of properties or notes under this heading including the credit subsidy for the guarantee of loans or the',
'reduction of positive credit subsidy amounts that would otherwise be required for the sale of such properties or notes ,',
'and for any other purpose under this heading: provided further, that any amounts made available in any prior appropriation act',
'for the cost as such term is defined in section 502 of the congressional budget act of 1974 of guaranteed',
'loans that are obligations of the funds established under section 238 or 519 of the national housing act that have',
'not been obligated or that are deobligated shall be available to the secretary of housing and urban development in connection',
'with the making of such guarantees and shall remain available until expended, notwithstanding the expiration of any period of availability',
'otherwise applicable to such amounts. gross obligations for the principal amount of direct loans, as authorized by sections 204 g',
', 207 l , 238 a , and 519 a of the national housing act, shall not exceed $120,000,000; of',
'which not to exceed $100,000,000 shall be for bridge financing in connection with the sale of multifamily real properties owned',
'by the secretary and formerly insured under such act; and of which not to exceed $20,000,000 shall be for loans',
'to nonprofit and governmental entities in connection with the sale of single family real properties owned by the secretary and',
'formerly insured under such act. in addition, for administrative expenses necessary to carry out the guaranteed and direct loan programs,',
'$202,470,000, of which $198,299,000 shall be transferred to the appropriation for departmental salaries and expenses; and of which $4,171,000 shall',
'be transferred to the appropriation for the office of inspector general. government national mortgage association guarantees of mortgage backed securities',
'loan guarantee program account includes transfer of funds during fiscal year 1996, new commitments to issue guarantees to carry out',
'the purposes of section 306 of the national housing act, as amended 12 u.s.c. 1721 g , shall not exceed',
'$110,000,000,000. for administrative expenses necessary to carry out the guaranteed mortgage backed securities program, $9,101,000, to be derived from the',
'gnma guarantees of mortgage backed securities guaranteed loan receipt account, of which not to exceed $9,101,000 shall be transferred to',
'the appropriation for departmental salaries and expenses. administrative provisions including transfer of funds extend administrative provisions from the rescission act',
'sec. 201. a public and indian housing modernization. 1 expansion of use of modernization funding. subsection 14 q of the',
'united states housing act of 1937 is amended to read as follows: q 1 in addition to the purposes enumerated',
'in subsections a and b , a public housing agency may use modernization assistance provided under section 14, and development',
'assistance provided under section 5 a that was not allocated, as determined by the secretary, for priority replacement housing, for',
'any eligible activity authorized by this section, by section 5, or by applicable appropriations acts for a public housing agency,',
'including the demolition, rehabilitation, revitalization, and replacement of existing units and projects and, for up to 10 percent of its',
'allocation of such funds in any fiscal year, for any operating subsidy purpose authorized in section 9. except for assistance',
'used for operating subsidy purposes under the preceding sentence, assistance provided to a public housing agency under this section shall',
'principally be used for the physical improvement, replacement of public housing, other capital purposes, and for associated management improvements, and',
'such other extraordinary purposes as may be approved by the secretary. low income and very low income units assisted under',
'this paragraph shall be eligible for operating subsidies, unless the secretary determines that such units or projects do not meet',
'other requirements of this act. 2 a public housing agency may provide assistance to developments that include units, other than',
'units assisted under this act except for units assisted under section 8 hereof mixed income developments , in the form',
'of a grant, loan, operating assistance, or other form of investment which may be made to a a partnership, a',
'limited liability company, or other legal entity in which the public housing agency or its affiliate is a general partner,',
'managing member, or otherwise participates in the activities of such entity; or b any entity which grants to the public',
'housing agency the option to purchase the development within 20 years after initial occupancy in accordance with section 42 i',
'7 of the internal revenue code of 1986, as amended. units shall be made available in such developments for periods',
'of not less than 20 years, by master contract or by individual lease, for occupancy by low income and very',
'low income families referred from time to time by the public housing agency. the number of such units shall be:',
'i in the same proportion to the total number of units in such development that the total financial commitment provided',
'by the public housing agency bears to the value of the total financial commitment in the development, or ii not',
'be less than the number of units that could have been developed under the conventional public housing program with the',
'assistance involved, or iii as may otherwise be approved by the secretary. 3 a mixed income development may elect to',
'have all units subject only to the applicable local real estate taxes, notwithstanding that the low income units assisted by',
'public housing funds would otherwise be subject to section 6 d of the housing act of 1937. 4 if an',
'entity that owns or operates a mixed income project under this subsection enters into a contract with a public housing',
'agency, the terms of which obligate the entity to operate and maintain a specified number of units in the project',
'as public housing units in accordance with the requirements of this act for the period required by law, such contractual',
'terms may provide that, if, as a result of a reduction in appropriations under section 9, or any other change',
'in applicable law, the public housing agency is unable to fulfill its contractual obligations with respect to those public housing',
'units, that entity may deviate, under procedures and requirements developed through regulations by the secretary, from otherwise applicable restrictions under',
'this act regarding rents, income eligibility, and other areas of public housing management with respect to a portion or all',
'of those public housing units, to the extent necessary to preserve the viability of those units while maintaining the low',
'income character of the units, to the maximum extent practicable.. 2 applicability. section 14 q of the united states housing',
'act of 1937, as amended by subsection a of this section, shall be effective only with respect to assistance provided',
'from funds made available for fiscal year 1996 or any preceding fiscal year. 3 applicability to ihas. in accordance with',
'section 201 b 2 of the united states housing act of 1937, the amendment made by this subsection shall apply',
'to public housing developed or operated pursuant to a contract between the secretary of housing and urban development and an',
'indian housing authority. b one for one replacement of public and indian housing. 1 extended authority. section 1002 d of',
'public law 104 19 is amended to read as follows: d subsections a , b , and c shall be',
'effective for applications for the demolition, disposition, or conversion to homeownership of public housing approved by the secretary, and other',
'consolidation and relocation activities of public housing agencies undertaken, on, before, or after september 30, 1995 and before september 30,',
'1996.. 2 section 18 f of the united states housing act of 1937 is amended by adding at the end',
'the following new sentence: no one may rely on the preceding sentence as the basis for reconsidering a final order',
'of a court issued, or a settlement approved, by a court.. 3 applicability. in accordance with section 201 b 2',
'of the united states housing act of 1937, the amendments made by this subsection and by sections 1002 a ,',
'b , and c of public law 104 19 shall apply to public housing developed or operated pursuant to a',
'contract between the secretary of housing and urban development and an indian housing authority. conversion of certain public housing to',
'vouchers sec. 202. a identification of units. each public housing agency shall identify any public housing developments 1 that are',
'on the same or contiguous sites; 2 that total more than 300 dwelling units; 3 that have a vacancy rate',
'of at least 10 percent for dwelling units not in funded, on schedule modernization programs; 4 identified as distressed housing',
'that the public housing agency cannot assure the long term viability as public housing through reasonable revitalization, density reduction, or',
'achievement of a broader range of household income; and 5 for which the estimated cost of continued operation and modernization',
'of the developments as public housing exceeds the cost of providing tenant based assistance under section 8 of the united',
'states housing act of 1937 for all families in occupancy, based on appropriate indicators of cost such as the percentage',
'of total development cost required for modernization . b implementation and enforcement. 1 standards for implementation. the secretary shall establish',
'standards to permit implementation of this section in fiscal year 1996. 2 consultation. each public housing agency shall consult with',
'the applicable public housing tenants and the unit of general local government in identifying any public housing developments under subsection',
'a . 3 failure of phas to comply with subsection a . where the secretary determines that a a public',
'housing agency has failed under subsection a to identify public housing developments for removal from the inventory of the agency',
'in a timely manner; b a public housing agency has failed to identify one or more public housing developments which',
'the secretary determines should have been identified under subsection a ; or c one or more of the developments identified',
'by the public housing agency pursuant to subsection a should not, in the determination of the secretary, have been identified',
'under that subsection; the secretary may designate the developments to be removed from the inventory of the public housing agency',
'pursuant to this section. c removal of units from the inventories of public housing agencies. 1 each public housing agency',
'shall develop and carry out a plan in conjunction with the secretary for the removal of public housing units identified',
'under subsection a or subsection b 3 , over a period of up to five years, from the inventory of',
'the public housing agency and the annual contributions contract. the plan shall be approved by the relevant local official as',
'not inconsistent with the comprehensive housing affordability strategy under title i of the housing and community development act of 1992,',
'including a description of any disposition and demolition plan for the public housing units. 2 the secretary may extend the',
'deadline in paragraph 1 for up to an additional five years where the secretary makes a determination that the deadline',
'is impracticable. 3 the secretary shall take appropriate actions to ensure removal of developments identified under subsection a or subsection',
'b 3 from the inventory of a public housing agency, if the public housing agency fails to adequately develop a',
'plan under paragraph 1 , or fails to adequately implement such plan in accordance with the terms of the plan.',
'4 to the extent approved in appropriations acts, the secretary may establish requirements and provide funding under the urban revitalization',
'demonstration program for demolition and disposition of public housing under this section. 5 notwithstanding any other provision of law, if',
'a development is removed from the inventory of a public housing agency and the annual contributions contract pursuant to paragraph',
'1 , the secretary may authorize or direct the transfer of a in the case of an agency receiving assistance',
'under the comprehensive improvement assistance program, any amounts obligated by the secretary for the modernization of such development pursuant to',
'section 14 of the united states housing act of 1937; b in the case of an agency receiving public and',
'indian housing modernization assistance by formula pursuant to section 14 of the united states housing act of 1937, any amounts',
'provided to the agency which are attributable pursuant to the formula for allocating such assistance to the development removed from',
'the inventory of that agency; and c in the case of an agency receiving assistance for the major reconstruction of',
'obsolete projects, any amounts obligated by the secretary for the major reconstruction of the development pursuant to section 5 of',
'such act, to the tenant based assistance program or appropriate site revitalization of such agency. 6 cessation of unnecessary spending.',
'notwithstanding any other provision of law, if, in the determination of the secretary, a development meets or is likely to',
'meet the criteria set forth in subsection a , the secretary may direct the public housing agency to cease additional',
'spending in connection with the development, except to the extent that additional spending is necessary to ensure decent, safe, and',
'sanitary housing until the secretary determines or approves an appropriate course of action with respect to such development under this',
'section. d conversion to tenant based assistance. 1 the secretary shall make authority available to a public housing agency to',
'provide tenant based assistance pursuant to section 8 to families residing in any development that is removed from the inventory',
'of the public housing agency and the annual contributions contract pursuant to subsection b . 2 each conversion plan under',
'subsection c shall a require the agency to notify families residing in the development, consistent with any guidelines issued by',
'the secretary governing such notifications, that the development shall be removed from the inventory of the public housing agency and',
'the families shall receive tenant based or project based assistance, and to provide any necessary counseling for families; and b',
'ensure that all tenants affected by a determination under this section that a development shall be removed from the inventory',
'of a public housing agency shall be offered tenant based or project based assistance and shall be relocated, as necessary,',
'to other decent, safe, sanitary, and affordable housing which is, to the maximum extent practicable, housing of their choice. e',
'in general. 1 the secretary may require a public housing agency to provide such information as the secretary considers necessary',
'for the administration of this section. 2 as used in this section, the term development shall refer to a project',
'or projects, or to portions of a project or projects, as appropriate. 3 section 18 of the united states housing',
'act of 1937 shall not apply to the demolition of developments removed from the inventory of the public housing agency',
'under this section. streamlining section 8 tenant based assistance sec. 203. a take one, take all. section 8 t of',
'the united states housing act of 1937 is hereby repealed. b exemption from notice requirements for the certificate and voucher',
'programs. section 8 c of such act is amended 1 in paragraph 8 , by inserting after section the following:',
'other than a contract for assistance under the certificate or voucher program ; and 2 in the first sentence of',
'paragraph 9 , by striking but not less than 90 days in the case of housing certificates or vouchers under',
'subsection b or o and inserting , other than a contract under the certificate or voucher program. c endless lease.',
'section 8 d 1 b of such act is amended 1 in clause ii , by inserting during the term',
'of the lease, after ii ; and 2 in clause iii , by striking provide that and inserting during the',
'term of the lease,. d applicability. the provisions of this section shall be effective for fiscal year 1996 only. public',
'housing/section 8 moving to work demonstration sec. 204. a purpose. the purpose of this demonstration is to give public housing',
'agencies and the secretary of housing and urban development the flexibility to design and test various approaches for providing and',
'administering housing assistance that: reduce cost and achieve greater cost effectiveness in federal expenditures; give incentives to families with children',
'where the head of household is working, seeking work, or is preparing for work by participating in job training, educational',
'programs, or programs that assist people to obtain employment and become economically self sufficient; and increase housing choices for low',
'income families. b program authority. the secretary of housing and urban development shall conduct a demonstration program under this section',
'beginning in fiscal year 1996 under which up to 30 public housing agencies including indian housing authorities administering the public',
'or indian housing program and the section 8 housing assistance payments program may be selected by the secretary to participate.',
'the secretary shall provide training and technical assistance during the demonstration and conduct detailed evaluations of up to 15 such',
'agencies in an effort to identify replicable program models promoting the purpose of the demonstration. under the demonstration, notwithstanding any',
'provision of the united states housing act of 1937 except as provided in subsection e , an agency may combine',
'operating assistance provided under section 9 of the united states housing act of 1937, modernization assistance provided under section 14',
'of such act, and assistance provided under section 8 of such act for the certificate and voucher programs, to provide',
'housing assistance for low income families, as defined in section 3 b 2 of the united states housing act of',
'1937, and services to facilitate the transition to work on such terms and conditions as the agency may propose and',
'the secretary may approve. c application. an application to participate in the demonstration 1 shall request authority to combine assistance',
'under sections 8, 9, and 14 of the united states housing act of 1937; 2 shall be submitted only after',
'the public housing agency provides for citizen participation through a public hearing and, if appropriate, other means; 3 shall include',
'a plan developed by the agency that takes into account comments from the public hearing and any other public comments',
'on the proposed program, and comments from current and prospective residents who would be affected, and that includes criteria for',
'a families to be assisted, which shall require that at least 75 percent of the families assisted by participating demonstration',
'public housing authorities shall be very low income families, as defined in section 3 b 2 of the united states',
'housing act of 1937; b establishing a reasonable rent policy, which shall be designed to encourage employment and self sufficiency',
'by participating families, consistent with the purpose of this demonstration, such as by excluding some or all of a familys',
'earned income for purposes of determining rent; c continuing to assist substantially the same total number of eligible low income',
'families as would have been served had the amounts not been combined; d maintaining a comparable mix of families by',
'family size as would have been provided had the amounts not been used under the demonstration; and e assuring that',
'housing assisted under the demonstration program meets housing quality standards established or approved by the secretary; and 4 may request',
'assistance for training and technical assistance to assist with design of the demonstration and to participate in a detailed evaluation.',
'd selection. in selecting among applications, the secretary shall take into account the potential of each agency to plan and',
'carry out a program under the demonstration, the relative performance by an agency under the public housing management assessment program',
'under section 6 j of the united states housing act of 1937, and other appropriate factors as determined by the',
'secretary. e applicability of 1937 act provisions. 1 section 18 of the united states housing act of 1937 shall continue',
'to apply to public housing notwithstanding any use of the housing under this demonstration. 2 section 12 of such act',
'shall apply to housing assisted under the demonstration, other than housing assisted solely due to occupancy by families receiving tenant',
'based assistance. f effect on section 8, operating subsidies, and comprehensive grant program allocations. the amount of assistance received under',
'section 8, section 9, or pursuant to section 14 by a public housing agency participating in the demonstration under this',
'part shall not be diminished by its participation. g records, reports, and audits. 1 keeping of records. each agency shall',
'keep such records as the secretary may prescribe as reasonably necessary to disclose the amounts and the disposition of amounts',
'under this demonstration, to ensure compliance with the requirements of this section, and to measure performance. 2 reports. each agency',
'shall submit to the secretary a report, or series of reports, in a form and at a time specified by',
'the secretary. each report shall a document the use of funds made available under this section; b provide such data',
'as the secretary may request to assist the secretary in assessing the demonstration; and c describe and analyze the effect',
'of assisted activities in addressing the objectives of this part. 3 access to documents by the secretary. the secretary shall',
'have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to',
'assistance in connection with, and the requirements of, this section. 4 access to documents by the comptroller general. the comptroller',
'general of the united states, or any of the duly authorized representatives of the comptroller general, shall have access for',
'the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection',
'with, and the requirements of, this section. h evaluation and report. 1 consultation with pha and family representatives. in making',
'assessments throughout the demonstration, the secretary shall consult with representatives of public housing agencies and residents. 2 report to congress.',
'not later than 180 days after the end of the third year of the demonstration, the secretary shall submit to',
'the congress a report evaluating the programs carried out under the demonstration. the report shall also include findings and recommendations',
'for any appropriate legislative action. i funding for technical assistance and evaluation. from amounts appropriated for assistance under section 14',
'of the united states housing act of 1937 for fiscal years 1996, 1997, and 1998, the secretary may use up',
'to a total of $5,000,000 1 to provide, directly or by contract, training and technical assistance a to public housing',
'agencies that express an interest to apply for training and technical assistance pursuant to subsection c 4 , to assist',
'them in designing programs to be proposed for the demonstration; and b to up to 10 agencies selected to receive',
'training and technical assistance pursuant to subsection c 4 , to assist them in implementing the approved program; and 2',
'to conduct detailed evaluations of the activities of the public housing agencies under paragraph 1 b , directly or by',
'contract. extension of multifamily housing finance program sec. 205. a the first sentence of section 542 b 5 of the',
'housing and community development act of 1992 12 u.s.c. 1707 note is amended by striking on not more than 15,000',
'units over fiscal years 1993 and 1994 and inserting on not more than 7,500 units during fiscal year 1996. b',
'the first sentence of section 542 c 4 of the housing and community development act of 1992 12 u.s.c. 1707',
'note is amended by striking on not to exceed 30,000 units over fiscal years 1993, 1994, and 1995 and inserting',
'on not more than 12,000 units during fiscal year 1996. foreclosure of hud held mortgages through third parties sec. 206.',
'during fiscal year 1996, the secretary of housing and urban development may delegate to one or more entities the authority',
'to carry out some or all of the functions and responsibilities of the secretary in connection with the foreclosure of',
'mortgages held by the secretary under the national housing act. restructuring of the hud multifamily mortgage portfolio through state housing',
'finance agencies sec. 207. during fiscal year 1996, the secretary of housing and urban development may sell or otherwise transfer',
'multifamily mortgages held by the secretary under the national housing act to a state housing finance agency in connection with',
'a program authorized under section 542 b or c of the housing and community development act of 1992 without regard',
'to the unit limitations in section 542 b 5 or 542 c 4 of such act. transfer of section 8',
'authority sec. 208. section 8 of the united states housing act of 1937 is amended by adding the following new',
'subsection at the end: bb transfer of budget authority. if an assistance contract under this section, other than a contract',
'for tenant based assistance, is terminated or is not renewed, or if the contract expires, the secretary shall, in order',
'to provide continued assistance to eligible families, including eligible families receiving the benefit of the project based assistance at the',
'time of the termination, transfer any budget authority remaining in the contract to another contract. the transfer shall be under',
'such terms as the secretary may prescribe.. documentation of multifamily refinancings sec. 209. notwithstanding the 16th paragraph under the item',
'relating to administrative provisions in title ii of the departments of veterans affairs and housing and urban development, and independent',
'agencies appropriations act, 1995 public law 103 327; 108 stat. 2316 , the amendments to section 223 a 7 of',
'the national housing act made by the 15th paragraph of such act shall be effective during fiscal year 1996 and',
'thereafter. fha multifamily demonstration authority sec. 210. a on and after october 1, 1995, and before october 1, 1997, the',
'secretary of housing and urban development shall initiate a demonstration program with respect to multifamily projects whose owners agree to',
'participate and whose mortgages are insured under the national housing act and that are assisted under section 8 of the',
'united states housing act of 1937 and whose present section 8 rents are, in the aggregate, in excess of the',
'fair market rent of the locality in which the project is located. these programs shall be designed to test the',
'feasibility and desirability of the goal of ensuring, to the maximum extent practicable, that the debt service and operating expenses,',
'including adequate reserves, attributable to such multifamily projects can be supported with or without mortgage insurance under the national housing',
'act and with or without above market rents and utilizing project based assistance or, with the consent of the property',
'owner, tenant based assistance, while taking into account the need for assistance of low and very low income families in',
'such projects. in carrying out this demonstration, the secretary may use arrangements with third parties, under which the secretary may',
'provide for the assumption by the third parties by delegation, contract, or otherwise of some or all of the functions,',
'obligations, and benefits of the secretary. 1 goals. the secretary of housing and urban development shall carry out the demonstration',
'programs under this section in a manner that a will protect the financial interests of the federal government; b will',
'result in significant discretionary cost savings through debt restructuring and subsidy reduction; and c will, in the least costly fashion,',
'address the goals of i maintaining existing housing stock in a decent, safe, and sanitary condition; ii minimizing the involuntary',
'displacement of tenants; iii restructuring the mortgages of such projects in a manner that is consistent with local housing market',
'conditions; iv supporting fair housing strategies; v minimizing any adverse income tax impact on property owners; and vi minimizing any',
'adverse impact on residential neighborhoods. in determining the manner in which a mortgage is to be restructured or the subsidy',
'reduced, the secretary may balance competing goals relating to individual projects in a manner that will further the purposes of',
'this section. 2 demonstration approaches. in carrying out the demonstration programs, subject to the appropriation in subsection f , the',
'secretary may use one or more of the following approaches: a joint venture arrangements with third parties, under which the',
'secretary may provide for the assumption by the third parties by delegation, contract, or otherwise of some or all of',
'the functions, obligations, and benefits of the secretary. b subsidization of the debt service of the project to a level',
'that can be paid by an owner receiving an unsubsidized market rent. c renewal of existing project based assistance contracts',
'where the secretary shall approve proposed initial rent levels that do not exceed the greater of 120 percent of fair',
'market rents or comparable market rents for the relevant metropolitan market area or at rent levels under a budget based',
'approach. d nonrenewal of expiring existing project based assistance contracts and providing tenant based assistance to previously assisted households. b',
'for purposes of carrying out demonstration programs under subsection a 1 the secretary may manage and dispose of multifamily properties',
'owned by the secretary as of october 1, 1995 and multifamily mortgages held by the secretary as of october 1,',
'1995 for properties assisted under section 8 with rents above 110 percent of fair market rents without regard to any',
'other provision of law; and 2 the secretary may delegate to one or more entities the authority to carry out',
'some or all of the functions and responsibilities of the secretary in connection with the foreclosure of mortgages held by',
'the secretary under the national housing act. c for purposes of carrying out demonstration programs under subsection a , subject',
'to such third party consents if any as are necessary including but not limited to i consent by the government',
'national mortgage association where it owns a mortgage insured by the secretary; ii consent by an issuer under the mortgage',
'backed securities program of the association, subject to the responsibilities of the issuer to its security holders and the association',
'under such program; and iii parties to any contractual agreement which the secretary proposes to modify or discontinue, and subject',
'to the appropriation in subsection c , the secretary or one or more third parties designated by the secretary may',
'take the following actions: 1 notwithstanding any other provision of law, and subject to the agreement of the project owner,',
'the secretary or third party may remove, relinquish, extinguish, modify, or agree to the removal of any mortgage, regulatory agreement,',
'project based assistance contract, use agreement, or restriction that had been imposed or required by the secretary, including restrictions on',
'distributions of income which the secretary or third party determines would interfere with the ability of the project to operate',
'without above market rents. the secretary or third party may require an owner of a property assisted under the section',
'8 new construction/substantial rehabilitation program to apply any accumulated residual receipts toward effecting the purposes of this section. 2 notwithstanding',
'any other provision of law, the secretary of housing and urban development may enter into contracts to purchase reinsurance, or',
'enter into participations or otherwise transfer economic interest in contracts of insurance or in the premiums paid, or due to',
'be paid, on such insurance to third parties, on such terms and conditions as the secretary may determine. 3 the',
'secretary may offer project based assistance with rents at or below fair market rents for the locality in which the',
'project is located and may negotiate such other terms as are acceptable to the secretary and the project owner. 4',
'the secretary may offer to pay all or a portion of the projects debt service, including payments monthly from the',
'appropriate insurance fund, for the full remaining term of the insured mortgage. 5 notwithstanding any other provision of law, the',
'secretary may forgive and cancel any fha insured mortgage debt that a demonstration program property cannot carry at market rents',
'while bearing full operating costs. 6 for demonstration program properties that cannot carry full operating costs excluding debt service at',
'market rents, the secretary may approve project based rents sufficient to carry such full operating costs and may offer to',
'pay the full debt service in the manner provided in paragraph 4 . d community and tenant input. in carrying',
'out this section, the secretary shall develop procedures to provide appropriate and timely notice to officials of the unit of',
'general local government affected, the community in which the project is situated, and the tenants of the project. e limitation',
'on demonstration authority. the secretary may carry out demonstration programs under this section with respect to mortgages not to exceed',
'15,000 units. the demonstration authorized under this section shall not be expanded until the reports required under subsection g are',
'submitted to the congress. f appropriation. for the cost of modifying loans held or guaranteed by the federal housing administration,',
'as authorized by this subsection a 2 and subsection c , $30,000,000, to remain available until september 30, 1997: provided,',
'that such costs shall be as defined in section 502 of the congressional budget act of 1974, as amended. g',
'report to congress. the secretary shall submit to the congress every six months after the date of enactment of this',
'act a report describing and assessing the programs carried out under the demonstrations. the secretary shall also submit a final',
'report to the congress not later than six months after the end of the demonstrations. the reports shall include findings',
'and recommendations for any legislative action appropriate. the reports shall also include a description of the status of each multifamily',
'housing project selected for the demonstrations under this section. the final report may include 1 the size of the projects;',
'2 the geographic locations of the projects, by state and region; 3 the physical and financial condition of the projects;',
'4 the occupancy profile of the projects, including the income, family size, race, and ethnic origin of current tenants, and',
'the rents paid by such tenants; 5 a description of actions undertaken pursuant to this section, including a description of',
'the effectiveness of such actions and any impediments to the transfer or sale of multifamily housing projects; 6 a description',
'of the extent to which the demonstrations under this section have displaced tenants of multifamily housing projects; 7 a description',
'of any of the functions performed in connection with this section that are transferred or contracted out to public or',
'private entities or to states; 8 a description of the impact to which the demonstrations under this section have affected',
'the localities and communities where the selected multifamily housing projects are located; and 9 a description of the extent to',
'which the demonstrations under this section have affected the owners of multifamily housing projects. assessment collection dates for office of',
'federal housing enterprise oversight sec. 211. section 1316 b of the housing and community development act of 1992 12 u.s.c.',
'4516 b is amended by striking paragraph 2 and inserting the following new paragraph: 2 timing of payment. the annual',
'assessment shall be payable semiannually for each fiscal year, on october 1 and april 1.. merger language for assistance for',
'the renewal of expiring section 8 subsidy contracts and annual contributions for assisted housing sec. 212. all remaining obligated and',
'unobligated balances in the renewal of expiring section 8 subsidy contracts account on september 30, 1995, shall immediately thereafter be',
'transferred to and merged with the obligated and unobligated balances, respectively, of the annual contributions for assisted housing account. debt',
'forgiveness sec. 213. a the secretary of housing and urban development shall cancel the indebtedness of the hubbard hospital authority',
'of hubbard, texas, relating to the public facilities loan for project number pfl tex 215, issued under title ii of',
'the housing amendments of 1955. such hospital authority is relieved of all liability to the government for the outstanding principal',
'balance on such loan, for the amount of accrued interest on such loan, and for any fees and charges payable',
'in connection with such loan. b the secretary of housing and urban development shall cancel the indebtedness of the groveton',
'texas hospital authority relating to the public facilities loan for project number tex 41 pfl0162, issued under title ii of',
'the housing amendments of 1955. such hospital authority is relieved of all liability to the government for the outstanding principal',
'balance on such loan, for the amount of accrued interest on such loan, and for any fees and charges payable',
'in connection with such loan. c the secretary of housing and urban development shall cancel the indebtedness of the hepzibah',
'public service district of hepzibah, west virginia, relating to the public facilities loan for project number wv 46 pfl0031, issued',
'under title ii of the housing amendments of 1955. such public service district is relieved of all liability to the',
'government for the outstanding principal balance on such loan, for the amount of accrued interest on such loan, and for',
'any fees and charges payable in connection with such loan. clarifications sec. 214. for purposes of federal law, the paul',
'mirabile center in san diego, california, including areas within such center that are devoted to the delivery of supportive services,',
'has been determined to satisfy the continuum of care requirements of the department of housing and urban development, and shall',
'be treated as a consisting solely of residential units that i contain sleeping accommodations and kitchen and bathroom facilities, ii',
'are located in a building that is used exclusively to facilitate the transition of homeless individuals within the meaning of',
'section 103 of the stewart b. mckinney homeless assistance act 42 u.s.c. 11302 , as in effect on december 19,',
'1989 to independent living within 24 months, iii are suitable for occupancy, with each cubicle constituting a separate bedroom and',
'residential unit, iv are used on other than a transient basis, and v shall be originally placed in service on',
'november 1, 1995; and b property that is entirely residential rental property, namely, a project for residential rental property. employment',
'limitations sec. 215. a by the end of fiscal year 1996 the department of housing and urban development shall employ',
'no more than eight assistant secretaries, notwithstanding section 4 a of the department of housing and urban development act. b',
'by the end of fiscal year 1996 the department of housing and urban development shall employ no more than 77',
'schedule c and 20 non career senior executive service employees. use of funds sec. 216. a of the $93,400,000 earmarked',
'in public law 101 144 103 stat. 850 , as amended by public law 101 302 104 stat. 237 ,',
'for special projects and purposes, any amounts remaining of the $500,000 made available to bethlehem house in highland, california, for',
'site planning and loan acquisition shall instead be made available to the county of san bernardino in california to assist',
'with the expansion of the los padrinos gang intervention program, the unity home domestic violence shelter, and the san bernardino',
'drug court program. b the amount made available for fiscal year 1995 for the removal of asbestos from an abandoned',
'public school building in toledo, ohio shall be made available for the renovation and rehabilitation of an industrial building at',
'the university of toledo in toledo, ohio. lead based paint abatement sec. 217. a section 1011 of title x residential',
'lead based paint hazard reduction act of 1992 is amended as follows: strike priority housing wherever it appears in said',
'section and insert housing. b section 1011 a shall be amended as follows: at the end of the subsection after',
'the period, insert: grants shall only be made under this section to provide assistance for housing which meets the following',
'criteria 1 for grants made to assist rental housing, at least 50 percent of the units must be occupied by',
'or made available to families with incomes at or below 50 percent of the area median income level and the',
'remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area',
'median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for',
'not less than 3 years following the completion of lead abatement activities, to families with a child under the age',
'of six years, except that buildings with five or more units may have 20 percent of the units occupied by',
'families with incomes above 80 percent of area median income level; 2 for grants made to assist housing owned by',
'owner occupants, all units assisted with grants under this section shall be the principal residence of families with income at',
'or below 80 percent of the area median income level, and not less than 90 percent of the units assisted',
'with grants under this section shall be occupied by a child under the age of six years or shall be',
'units where a child under the age of six years spends a significant amount of time visiting; and 3 notwithstanding',
'paragraphs 1 and 2 , round ii grantees who receive assistance under this section may use such assistance for priority',
'housing.. extension period for sharing utility cost savings with phas sec. 218. section 9 a 3 b i of the',
'united states housing act of 1937 is amended by striking for a period not to exceed 6 years. mortgage note',
'sales sec. 219. the first sentence of section 221 g 4 c viii of the national housing act is amended',
'by striking september 30, 1995 and inserting in lieu thereof september 30, 1996. repeal of frost leland sec. 220. section',
'415 of the department of housing and urban development independent agencies appropriations act, 1988 public law 100 202; 101 stat.',
'1329 213 is repealed. fha single family assignment program reform sec. 221. a correction to foreclosure avoidance provision. the penultimate',
'proviso of section 204 a of the national housing act 12 u.s.c. 1710 a , as added by section 407',
'a of the balanced budget downpayment act, i public law 104 99 , is amended by striking special foreclosure and',
'inserting in lieu thereof special forebearance. b savings provision. 1 any mortgage for which the mortgagor has applied to the',
'secretary, before the date of enactment of this act, for assignment to the secretary pursuant to section 230 b of',
'the national housing act shall continue to be governed by the provisions of such section, as in effect immediately before',
'enactment of the balanced budget downpayment act, i. 2 section 230 d of the national housing act, as amended by',
'section 407 b of the balanced budget downpayment act, i, is repealed. c regulations. 1 not later than 30 days',
'after the date of enactment of this act, the secretary of housing and urban development shall issue interim regulations to',
'implement section 407 of the balanced budget downpayment act, i, and the amendments to the national housing act made by',
'that section. 2 section 407 d of the balanced budget downpayment act, i, is repealed. d extension of reform to',
'mortgages originated in fiscal year 1996. section 407 c of the balanced budget downpayment act, i, is amended by striking',
'originated before october 1, 1995 and inserting executed before october 1, 1996. spending limitations sec. 222. a none of the',
'funds in this act may be used by the secretary to impose any sanction, or penalty because of the enactment',
'of any state or local law or regulation declaring english as the official language. b no part of any appropriation',
'contained in this act shall be used for lobbying activities as prohibited by law. sec. 223. none of the funds',
'provided in this act may be used during fiscal year 1996 to investigate or prosecute under the fair housing act',
'42 u.s.c. 3601, et seq. any otherwise lawful activity engaged in by one or more persons, including the filing or',
'maintaining of non frivolous legal action, that is engaged in solely for the purposes of achieving or preventing action by',
'a government official, entity, or court of competent jurisdiction. sec. 224. none of the funds provided in this act may',
'be used to take any enforcement action with respect to a complaint of discrimination under the fair housing act 42',
'u.s.c. 3601, et seq. on the basis of familial status and which involves an occupancy standard established by the housing',
'provider except to the extent that it is found that there has been discrimination in contravention of the standards provided',
'in the march 20, 1991 memorandum from the general counsel of the department of housing and urban development to all',
'regional counsel or until such time that hud issues a final rule in accordance with section 553 of title 5,',
'united states code. cdbg eligible activities sec. 225. section 105 a of the housing and community development act of 1974',
'42 u.s.c. 5305 a is amended 1 in paragraph 4 a by inserting reconstruction, after removal,; and b by striking',
'acquisition for rehabilitation, and rehabilitation and inserting acquisition for reconstruction or rehabilitation, and reconstruction or rehabilitation; 2 in paragraph 13',
', by striking and at the end; 3 by striking paragraph 19 ; 4 in paragraph 24 , by striking',
'and at the end; 5 in paragraph 25 , by striking the period at the end and inserting ; and;',
'6 by redesignating paragraphs 20 through 25 as paragraphs 19 through 24 , respectively; and 7 by redesignating paragraph 21',
'as added by section 1012 f 3 of the housing and community development act of 1992 as paragraph 25 .',
'sec. 226. the secretary shall award for the community development grants program, as authorized by title i of the housing',
'and community development act of 1974, as amended 42 u.s.c. 5301 , for the state of new york, not more',
'than 35 percent of the funds made available for fiscal year 1996 for grants allocated for any multiyear commitment. the',
'secretary shall issue proposed and final rulemaking for the requirements of the community development grants program for the state of',
'new york before issuing a notice of funding availability for funds made available for fiscal year 1997. sec. 227. all',
'funds allocated for the state of new york for fiscal years 1995 and 1996 under the home investment partnerships program,',
'as authorized under title ii of the cranston gonzalez national affordable housing act public law 101 625 shall be made',
'available to the chief executive officer of the state, or an entity designated by the chief executive officer, to be',
'used for activities in accordance with the requirements of the home investment partnership program, notwithstanding the memorandum from the general',
'counsel of the department of housing and urban development dated march 5, 1996. sec. 228. a the second sentence of',
'section 236 f 1 of the national housing act, as amended by section 405 d 1 of the balanced budget',
'downpayment act, i, is amended 1 by striking or ii and inserting ii ; and 2 by striking located, and',
'inserting: located, or iii the actual rent as determined by the secretary paid for a comparable unit in comparable unassisted',
'housing in the market area in which the housing assisted under this section is located,. b the first sentence of',
'section 236 g of the national housing act is amended by inserting the phrase on a unit by unit basis',
'after collected. technical correction to minimum rent authority sec. 229. section 402 a of the balanced budget downpayment act, i',
'public law 104 99 , is amended by inserting after as amended, the following: or section 206 d of the',
'housing and urban rural recovery act of 1983 including section 206 d 5 of such act ,. minimum rent waiver',
'authority sec. 230. notwithstanding section 402 a of the balanced budget downpayment act, i public law 104 99 , the',
'secretary of housing and urban development or a public housing agency including an indian housing authority may waive the minimum',
'rent requirement of that section to provide a transition period for affected families. the term of a waiver approved pursuant',
'to this section may be retroactive, but may not apply for more than three months with respect to any family.',
'title iii independent agencies american battle monuments commission salaries and expenses for necessary expenses, not otherwise provided for, of the',
'american battle monuments commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of',
'uniforms for caretakers of national cemeteries and monuments outside of the united states and its territories and possessions; rent of',
'office and garage space in foreign countries; purchase one for replacement only and hire of passenger motor vehicles; and insurance',
'of official motor vehicles in foreign countries, when required by law of such countries; $20,265,000, to remain available until expended:',
'provided, that where station allowance has been authorized by the department of the army for officers of the army serving',
'the army at certain foreign stations, the same allowance shall be authorized for officers of the armed forces assigned to',
'the commission while serving at the same foreign stations, and this appropriation is hereby made available for the payment of',
'such allowance: provided further, that when traveling on business of the commission, officers of the armed forces serving as members',
'or as secretary of the commission may be reimbursed for expenses as provided for civilian members of the commission: provided',
'further, that the commission shall reimburse other government agencies, including the armed forces, for salary, pay, and allowances of personnel',
'assigned to it. department of the treasury community development financial institutions fund program account for grants, loans, and technical assistance',
'to qualifying community development financial institutions, and administrative expenses of the fund, $45,000,000, to remain available until september 30, 1997:',
'provided, that of the funds made available under this heading not to exceed $4,000,000 may be used for the cost',
'of direct loans, and not to exceed $400,000 may be used for administrative expenses to carry out the direct loan',
'program: provided further, that the cost of direct loans, including the cost of modifying such loans, shall be defined as',
'in section 502 of the congressional budget act of 1974: provided further, that such funds are available to subsidize gross',
'obligations for the principal amount of direct loans not to exceed $28,440,000: provided further, that none of these funds shall',
'be used to supplement existing resources provided to the department for activities such as external affairs, general counsel, administration, finance,',
'or office of inspector general: provided further, that none of these funds shall be available for expenses of an administrator',
'as defined in section 104 of the community development banking and financial institutions act of 1994 cdbfi act : provided',
'further, that notwithstanding any other provision of law, for purposes of administering the community development financial institutions fund, the secretary',
'of the treasury shall have all powers and rights of the administrator of the cdbfi act and the fund shall',
'be within the department of the treasury. consumer product safety commission salaries and expenses for necessary expenses of the consumer',
'product safety commission, including hire of passenger motor vehicles, services as authorized by 5 u.s.c. 3109, but at rates for',
'individuals not to exceed the per diem rate equivalent to the rate for gs 18, purchase of nominal awards to',
'recognize non federal officials contributions to commission activities, and not to exceed $500 for official reception and representation expenses, $40,000,000.',
'corporation for national and community service national and community service programs operating expenses including transfer of funds for necessary expenses',
'for the corporation for national and community service referred to in the matter under this heading as the corporation in',
'carrying out programs, activities, and initiatives under the national and community service act of 1990 referred to in the matter',
'under this heading as the act 42 u.s.c. 12501 et seq. , $400,500,000, of which $265,000,000 shall be available for',
'obligation from september 1, 1996, through september 30, 1997: provided, that not more than $25,000,000 shall be available for administrative',
'expenses authorized under section 501 a 4 of the act 42 u.s.c. 12671 a 4 : provided further, that not',
'more than $2,500 shall be for official reception and representation expenses: provided further, that not more than $59,000,000, to remain',
'available without fiscal year limitation, shall be transferred to the national service trust account for educational awards authorized under subtitle',
'd of title i of the act 42 u.s.c. 12601 et seq. : provided further, that not more than $215,000,000',
'of the amount provided under this heading shall be available for grants under the national service trust program authorized under',
'subtitle c of title i of the act 42 u.s.c. 12571 et seq. relating to activities including the americorps program',
', of which not more than $40,000,000 may be used to administer, reimburse or support any national service program authorized',
'under section 121 d 2 of such act 42 u.s.c. 12581 d 2 : provided further, that not more than',
'$5,500,000 of the funds made available under this heading shall be made available for the points of light foundation for',
'activities authorized under title iii of the act 42 u.s.c. 12661 et seq. : provided further, that no funds shall',
'be available for national service programs run by federal agencies authorized under section 121 b of such act 42 u.s.c.',
'12581 b : provided further, that to the maximum extent feasible, funds appropriated in the preceding proviso shall be provided',
'in a manner that is consistent with the recommendations of peer review panels in order to ensure that priority is',
'given to programs that demonstrate quality, innovation, replicability, and sustainability: provided further, that not more than $18,000,000 of the funds',
'made available under this heading shall be available for the civilian community corps authorized under subtitle e of title i',
'of the act 42 u.s.c. 12611 et seq. : provided further, that not more than $43,000,000 shall be available for',
'school based and community based service learning programs authorized under subtitle b of title i of the act 41 u.s.c.',
'12521 et seq. : provided further, that not more than $30,000,000 shall be available for quality and innovation activities authorized',
'under subtitle h of title i of the act 42 u.s.c. 12853 et seq. : provided further, that not more',
'than $5,000,000 shall be available for audits and other evaluations authorized under section 179 of the act 42 u.s.c. 12639',
', of which up to $500,000 shall be available for a study by the national academy of public administration on',
'the structure, organization, and management of the corporation and activities supported by the corporation, including an assessment of the quality,',
'innovation, replicability, and sustainability without federal funds of such activities, and the federal and non federal cost of supporting participants',
'in community service activities: provided further, that no funds from any other appropriation, or from funds otherwise made available to',
'the corporation, shall be used to pay for personnel compensation and benefits, travel, or any other administrative expense for the',
'board of directors, the office of the chief executive officer, the office of the managing director, the office of the',
'chief financial officer, the office of national and community service programs, the civilian community corps, or any field office or',
'staff of the corporation working on the national and community service or civilian community corps programs: provided further, that to',
'the maximum extent practicable, the corporation shall increase significantly the level of matching funds and in kind contributions provided by',
'the private sector, shall expand significantly the number of educational awards provided under subtitle d of title i, and shall',
'reduce the total federal cost per participant in all programs: provided further, that prior to september 30, 1996, the general',
'accounting office shall report to the congress the results of a study of state commission programs which evaluates the cost',
'per participant, the commissions ability to oversee the programs, and other relevant considerations. sense of congress it is the sense',
'of the congress that accounting for taxpayers funds must be a top priority for all federal agencies and government corporations.',
'the congress is deeply concerned about the findings of the recent audit of the corporation for national and community service',
'required under the government corporation control act of 1945. the congress urges the president to expeditiously nominate a qualified chief',
'financial officer for the corporation. further, to the maximum extent practicable and as quickly as possible, the corporation should implement',
'the recommendations of the independent auditors contracted for by the corporations inspector general, as well as the chief financial officer,',
'to improve the financial management of taxpayers funds. should the chief financial officer determine that additional resources are needed to',
'implement these recommendations, the corporation should submit a reprogramming proposal for up to $3,000,000 to carry out reforms of the',
'financial management system. 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, $2,000,000. court of veterans appeals salaries and expenses for necessary expenses for',
'the operation of the united states court of veterans appeals as authorized by 38 u.s.c. sections 7251 7292, $9,000,000, of',
'which not to exceed $678,000, to remain available until september 30, 1997, shall be available for the purpose of providing',
'financial assistance as described, and in accordance with the process and reporting procedures set forth, under this head in public',
'law 102 229. department of defense civil cemeterial expenses, army salaries and expenses for necessary expenses, as authorized by law,',
'for maintenance, operation, and improvement of arlington national cemetery and soldiers and airmens home national cemetery, and not to exceed',
'$1,000 for official reception and representation expenses; $11,946,000, to remain available until expended. environmental protection agency science and technology for',
'science and technology, including research and development activities, which shall include research and development activities under the comprehensive environmental response,',
'compensation and liability act of 1980 cercla , as amended; necessary expenses for personnel and related costs and travel expenses,',
'including uniforms, or allowances therefore, as authorized by 5 u.s.c. 5901 5902; services as authorized by 5 u.s.c. 3109, but',
'at rates for individuals not to exceed the per diem rate equivalent to the rate for gs 18; procurement of',
'laboratory equipment and supplies; other operating expenses in support of research and development; construction, alteration, repair, rehabilitation and renovation of',
'facilities, not to exceed $75,000 per project; $525,000,000, which shall remain available until september 30, 1997. environmental programs and management',
'for environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses,',
'including uniforms, or allowances therefore, as authorized by 5 u.s.c. 5901 5902; services as authorized by 5 u.s.c. 3109, but',
'at rates for individuals not to exceed the per diem rate equivalent to the rate for gs 18; hire of',
'passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue',
'publications to members only or at a price to members lower than to subscribers who are not members; construction, alteration,',
'repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project; and not to exceed $6,000 for official reception',
'and representation expenses; $1,677,300,000, which shall remain available until september 30, 1997: provided, that, notwithstanding any other provision of law,',
'for this fiscal year and hereafter, an industrial discharger that is a pharmaceutical manufacturing facility and discharged to the kalamazoo',
'water reclamation plant an advanced wastewater treatment plant with activated carbon prior to the date of enactment of this act',
'may be exempted from categorical pretreatment standards under section 307 b of the federal water pollution control act, as amended,',
'if the following conditions are met: 1 the owner or operator of the kalamazoo water reclamation plant applies to the',
'state of michigan for an exemption for such industrial discharger, 2 the state or administrator, as applicable, approves such exemption',
'request based upon a determination that the kalamazoo water reclamation plant will provide treatment and pollution removal equivalent to or',
'better than that which would be required through a combination of pretreatment by such industrial discharger and treatment by the',
'kalamazoo water reclamation plant in the absence of the exemption, and 3 compliance with paragraph 2 is addressed by the',
'provisions and conditions of a permit issued to the kalamazoo water reclamation plant under section 402 of such act, and',
'there exists an operative financial contract between the city of kalamazoo and the industrial user and an approved local pretreatment',
'program, including a joint monitoring program and local controls to prevent against interference and pass through. 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, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project, $28,500,000.',
'buildings and facilities for construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or use by,',
'the environmental protection agency, $110,000,000, to remain available until expended. hazardous substance superfund including transfer of funds for necessary expenses',
'to carry out the comprehensive environmental response, compensation and liability act of 1980 cercla , as amended, including sections 111',
'c 3 , c 5 , c 6 , and e 4 42 u.s.c. 9611 , and for construction, alteration,',
'repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project; not to exceed $1,313,400,000, to remain available until',
'expended, consisting of $1,063,400,000 as authorized by section 517 a of the superfund amendments and reauthorization act of 1986 sara',
', as amended by public law 101 508 of which, $100,000,000 shall not become available until september 1, 1996 ,',
'and $250,000,000 as a payment from general revenues to the hazardous substance superfund as authorized by section 517 b of',
'sara, as amended by public law 101 508: provided, that funds appropriated under this heading may be allocated to other',
'federal agencies in accordance with section 111 a of cercla: provided further, that $11,000,000 of the funds appropriated under this',
'heading shall be transferred to the office of inspector general appropriation to remain available until september 30, 1996: provided further,',
'that notwithstanding section 111 m of cercla or any other provision of law, not to exceed $59,000,000 of the funds',
'appropriated under this heading shall be available to the agency for toxic substances and disease registry to carry out activities',
'described in sections 104 i , 111 c 4 , and 111 c 14 of cercla and section 118 f',
'of the superfund amendments and reauthorization act of 1986: provided further, that none of the funds appropriated under this heading',
'shall be available for the agency for toxic substances and disease registry to issue in excess of 40 toxicological profiles',
'pursuant to section 104 i of cercla during fiscal year 1996: provided further, that none of the funds made available',
'under this heading may be used by the environmental protection agency to propose for listing or to list any additional',
'facilities on the national priorities list established by section 105 of the comprehensive environmental response, compensation and liability act cercla',
', as amended 42 u.s.c. 9605 , unless the administrator receives a written request to propose for listing or to',
'list a facility from the governor of the state in which the facility is located, or unless legislation to reauthorize',
'cercla is enacted. leaking underground storage tank trust fund including transfer of funds for necessary expenses to carry out leaking',
'underground storage tank cleanup activities authorized by section 205 of the superfund amendments and reauthorization act of 1986, and for',
'construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project, $45,827,000, to remain available until expended:',
'provided, that no more than $7,000,000 shall be available for administrative expenses: provided further, that $500,000 shall be transferred to',
'the office of inspector general appropriation to remain available until september 30, 1996. oil spill response including transfer of funds',
'for expenses necessary to carry out the environmental protection agencys responsibilities under the oil pollution act of 1990, $15,000,000, to',
'be derived from the oil spill liability trust fund, and to remain available until expended: provided, that not more than',
'$8,000,000 of these funds shall be available for administrative expenses. state and tribal assistance grants for environmental programs and infrastructure',
'assistance, including capitalization grants for state revolving funds and performance partnership grants, $2,813,000,000, to remain available until expended, of which',
'$1,848,500,000 shall be for making capitalization grants for state revolving funds to support water infrastructure financing; $100,000,000 for architectural, engineering,',
'design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area',
'of the united states mexico border, after consultation with the appropriate border commission; $50,000,000 for grants to the state of',
'texas, which shall be matched by an equal amount of state funds from state resources, for the purpose of improving',
'wastewater treatment for colonias; $15,000,000 for grants to the state of alaska, subject to an appropriate cost share as determined',
'by the administrator, to address wastewater infrastructure needs of rural and alaska native villages; and $141,500,000 for making grants for',
'the construction of wastewater treatment facilities and the development of groundwater in accordance with the terms and conditions specified for',
'such grants in the conference reports, and statements of the managers accompanying h.r. 2099 and this act: provided, that beginning',
'in fiscal year 1996 and each fiscal year thereafter, and notwithstanding any other provision of law, the administrator is authorized',
'to make grants annually from funds appropriated under this heading, subject to such terms and conditions as the administrator shall',
'establish, to any state or federally recognized indian tribe for multimedia or single media pollution prevention, control and abatement and',
'related environmental activities at the request of the governor or other appropriate state official or the tribe: provided further, that',
'from funds appropriated under this heading, the administrator may make grants to federally recognized indian governments for the development of',
'multimedia environmental programs: provided further, that of the $1,848,500,000 for capitalization grants for state revolving funds to support water infrastructure',
'financing, $500,000,000 shall be for drinking water state revolving funds, but if no drinking water state revolving fund legislation is',
'enacted by august 1, 1996, these funds shall immediately be available for making capitalization grants under title vi of the',
'federal water pollution control act, as amended: provided further, that of the funds made available in public law 103 327',
'and in public law 103 124 for capitalization grants for state revolving funds to support water infrastructure financing, $225,000,000 shall',
'be made available for capitalization grants for state revolving funds under title vi of the federal water pollution control act,',
'as amended, if no drinking water state revolving fund legislation is enacted by august 1, 1996: provided further, that of',
'the funds made available under this heading for capitalization grants for state revolving funds under title vi of the federal',
'water pollution control act, as amended, $50,000,000 shall be for wastewater treatment in impoverished communities pursuant to section 102 d',
'of h.r. 961 as approved by the united states house of representatives on may 16, 1995: provided further, that of',
'the funds appropriated in the construction grants and water infrastructure/state revolving funds accounts since the appropriation for the fiscal year',
'ending september 30, 1992, and hereafter, for making grants for wastewater treatment works construction projects, portions may be provided by',
'the recipients to states for managing construction grant activities, on condition that the states agree to reimburse the recipients from',
'state funding sources: provided further, that the funds made available in public law 103 327 for a grant to the',
'city of mt. arlington, new jersey, in accordance with house report 103 715, shall be available for a grant to',
'that city for water and sewer improvements. administrative provisions sec. 301. none of the funds provided in this act may',
'be used within the environmental protection agency for any final action by the administrator or her delegate for signing and',
'publishing for promulgation of a rule concerning any new standard for radon in drinking water. sec. 302. none of the',
'funds provided in this act may be used during fiscal year 1996 to sign, promulgate, implement or enforce the requirement',
'proposed as regulation of fuels and fuel additives: individual foreign refinery baseline requirements for reformulated gasoline at volume 59 of',
'the federal register at pages 22800 through 22814. sec. 303. none of the funds appropriated under this act may be',
'used to implement the requirements of section 186 b 2 , section 187 b or section 211 m of the',
'clean air act 42 u.s.c. 7512 b 2 , 7512a b , or 7545 m with respect to any moderate',
'nonattainment area in which the average daily winter temperature is below 0 degrees fahrenheit. the preceding sentence shall not be',
'interpreted to preclude assistance from the environmental protection agency to the state of alaska to make progress toward meeting the',
'carbon monoxide standard in such areas and to resolve remaining issues regarding the use of oxygenated fuels in such areas.',
'sec. 304. notwithstanding any other provision of law, the environmental protection agency shall: 1 transfer all real property acquired in',
'bay city, michigan, for the creation of the center for ecology, research and training cert to the city of bay',
'city or other local public or municipal entity; and 2 make a grant in fiscal year 1996 to the recipient',
'of the property of not less than $3,000,000 from funds previously appropriated for the cert project for the purpose of',
'environmental remediation and rehabilitation of real property included in the boundaries of the cert project. the disposition of property shall',
'be by donation or no cost transfer and shall be made to the city of bay city, michigan or other',
'local public or municipal entity. further, notwithstanding any other provision of law, the agency shall have the authority to demolish',
'or dispose of any improvements on such real property, or to donate, sell, or transfer any personal property or improvements',
'on such real property to members of the general public, by auction or public sale, and to apply any funds',
'received to costs related to the transfer of the real property authorized hereunder. executive office of the president office of',
'science and technology policy for necessary expenses of the office of science and technology policy, in carrying out the purposes',
'of the national science and technology policy, organization, and priorities act of 1976 42 u.s.c. 6601 and 6671 , hire',
'of passenger motor vehicles, services as authorized by 5 u.s.c. 3109, not to exceed $2,500 for official reception and representation',
'expenses, and rental of conference rooms in the district of columbia, $4,981,000: provided, that the office of science and technology',
'policy shall reimburse other agencies for not less than one half of the personnel compensation costs of individuals detailed to',
'it. council on environmental quality and office of environmental quality for necessary expenses to continue functions assigned to the council',
'on environmental quality and office of environmental quality pursuant to the national environmental policy act of 1969, the environmental improvement',
'act of 1970 and reorganization plan no. 1 of 1977, $2,150,000. federal emergency management agency disaster relief for necessary expenses',
'in carrying out the functions of the robert t. stafford disaster relief and emergency assistance act 42 u.s.c. 5121 et',
'seq. , $222,000,000, to remain available until expended. disaster assistance direct loan program account for the cost of direct loans,',
'$2,155,000, as authorized by section 319 of the robert t. stafford disaster relief and emergency assistance act 42 u.s.c. 5121',
'et seq. : provided, that such costs, including the cost of modifying such loans, shall be as defined in section',
'502 of the congressional budget act of 1974, as amended: provided further, that these funds are available to subsidize gross',
'obligations for the principal amount of direct loans not to exceed $25,000,000. in addition, for administrative expenses to carry out',
'the direct loan program, $95,000. salaries and expenses for necessary expenses, not otherwise provided for, including hire and purchase of',
'motor vehicles 31 u.s.c. 1343 ; uniforms, or allowances therefor, as authorized by 5 u.s.c. 5901 5902; services as authorized',
'by 5 u.s.c. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate',
'for gs 18; expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency preparedness;',
'transportation in connection with the continuity of government programs to the same extent and in the same manner as permitted',
'the secretary of a military department under 10 u.s.c. 2632; and not to exceed $2,500 for official reception and representation',
'expenses; $168,900,000. office of the inspector general for necessary expenses of the office of the inspector general in carrying out',
'the provisions of the inspector general act of 1978, as amended, $4,673,000. emergency management planning and assistance for necessary expenses,',
'not otherwise provided for, to carry out activities under the national flood insurance act of 1968, as amended, and the',
'flood disaster protection act of 1973, as amended 42 u.s.c. 4001 et seq. , the robert t. stafford disaster relief',
'and emergency assistance act 42 u.s.c. 5121 et seq. , the earthquake hazards reduction act of 1977, as amended 42',
'u.s.c. 7701 et seq. , the federal fire prevention and control act of 1974, as amended 15 u.s.c. 2201 et',
'seq. , the defense production act of 1950, as amended 50 u.s.c. app. 2061 et seq. , sections 107 and',
'303 of the national security act of 1947, as amended 50 u.s.c. 404 405 , and reorganization plan no. 3',
'of 1978, $203,044,000. emergency food and shelter program notwithstanding any other provision of law, for fiscal year 1996, there is',
'hereby appropriated a total of $100,000,000 to the federal emergency management agency to carry out an emergency food and shelter',
'program pursuant to title iii of public law 100 77, as amended: provided, that total administrative costs shall not exceed',
'three and one half per centum of the total appropriation. national flood insurance fund for activities under the national flood',
'insurance act of 1968, the flood disaster protection act of 1973, and the national flood insurance reform act of 1994,',
'not to exceed $20,562,000 for salaries and expenses associated with flood mitigation and flood insurance operations, and not to exceed',
'$70,464,000 for flood mitigation, including up to $12,000,000 for expenses under section 1366 of the national flood insurance act of',
'1968, as amended, which amount shall be available until september 30, 1997. in fiscal year 1996, no funds in excess',
'of 1 $47,000,000 for operating expenses, 2 $292,526,000 for agents commissions and taxes, and 3 $3,500,000 for interest on treasury',
'borrowings shall be available from the national flood insurance fund without prior notice to the committees on appropriations. administrative provision',
'the director of the federal emergency management agency shall promulgate through rulemaking a methodology for assessment and collection of fees',
'to be assessed and collected beginning in fiscal year 1996 applicable to persons subject to the federal emergency management agencys',
'radiological emergency preparedness regulations. the aggregate charges assessed pursuant to this section during fiscal year 1996 shall approximate, but not',
'be less than, 100 per centum of the amounts anticipated by the federal emergency management agency to be obligated for',
'its radiological emergency preparedness program for such fiscal year. the methodology for assessment and collection of fees shall be fair',
'and equitable, and shall reflect the full amount of costs of providing radiological emergency planning, preparedness, response and associated services.',
'such fees will be assessed in a manner that reflects the use of agency resources for classes of regulated persons',
'and the administrative costs of collecting such fees. fees received pursuant to this section shall be deposited in the general',
'fund of the treasury as offsetting receipts. assessment and collection of such fees are only authorized during fiscal year 1996.',
'general services administration consumer information center for necessary expenses of the consumer information center, including services authorized by 5 u.s.c.',
'3109, $2,061,000, to be deposited into the consumer information center fund: provided, that the appropriations, revenues and collections deposited into',
'the fund shall be available for necessary expenses of consumer information center activities in the aggregate amount of $7,500,000. administrative',
'expenses of the consumer information center in fiscal year 1996 shall not exceed $2,602,000. appropriations, revenues, and collections accruing to',
'this fund during fiscal year 1996 in excess of $7,500,000 shall remain in the fund and shall not be available',
'for expenditure except as authorized in appropriations acts. department of health and human services office of consumer affairs for necessary',
'expenses of the office of consumer affairs, including services authorized by 5 u.s.c. 3109, $1,800,000: provided, that notwithstanding any other',
'provision of law, that office may accept and deposit to this account, during fiscal year 1996, gifts for the purpose',
'of defraying its costs of printing, publishing, and distributing consumer information and educational materials; may expend up to $1,110,000 of',
'those gifts for those purposes, in addition to amounts otherwise appropriated; and the balance shall remain available for expenditure for',
'such purposes to the extent authorized in subsequent appropriations acts: provided further, that none of the funds provided under this',
'heading may be made available for any other activities within the department of health and human services. national aeronautics and',
'space administration human space flight for necessary expenses, not otherwise provided for, in the conduct and support of human space',
'flight research and development activities, including research; development; operations; services; maintenance; construction of facilities including repair, rehabilitation, and modification of',
'real and personal property, and acquisition or condemnation of real property, as authorized by law; space flight, spacecraft control and',
'communications activities including operations, production, and services; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft; $5,456,600,000,',
'to remain available until september 30, 1997. science, aeronautics and technology for necessary expenses, not otherwise provided for, for the',
'conduct and support of science, aeronautics, and technology research and development activities, including research; development; operations; services; maintenance; construction of',
'facilities including repair, rehabilitation and modification of real and personal property, and acquisition or condemnation of real property, as authorized',
'by law; space flight, spacecraft control and communications activities including operations, production, and services; and purchase, lease, charter, maintenance, and',
'operation of mission and administrative aircraft; $5,928,900,000, to remain available until september 30, 1997. mission support for necessary expenses, not',
'otherwise provided for, in carrying out mission support for human space flight programs and science, aeronautical, and technology programs, including',
'research operations and support; space communications activities including operations, production, and services; maintenance; construction of facilities including repair, rehabilitation, and',
'modification of facilities, minor construction of new facilities and additions to existing facilities, facility planning and design, environmental compliance and',
'restoration, and acquisition or condemnation of real property, as authorized by law; program management; personnel and related costs, including uniforms',
'or allowances therefor, as authorized by law 5 u.s.c. 5901 5902 ; travel expenses; purchase, lease, charter, maintenance, and operation',
'of mission and administrative aircraft; not to exceed $35,000 for official reception and representation expenses; and purchase not to exceed',
'thirty three for replacement only and hire of passenger motor vehicles; $2,502,200,000, to remain available until september 30, 1997. office',
'of inspector general for necessary expenses of the office of the inspector general in carrying out the provisions of the',
'inspector general act of 1978, as amended, $16,000,000. administrative provisions including transfer of funds notwithstanding the limitation on the availability',
'of funds appropriated for human space flight, science, aeronautics and technology, or mission support by this appropriations act, when any',
'activity has been initiated by the incurrence of obligations for construction of facilities as authorized by law, the amount available',
'for such activity shall remain available until expended. this provision does not apply to the amounts appropriated in mission support',
'pursuant to the authorization for repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing',
'facilities, and facility planning and design. notwithstanding the limitation on the availability of funds appropriated for human space flight, science,',
'aeronautics and technology, or mission support by this appropriations act, the amounts appropriated for construction of facilities shall remain available',
'until september 30, 1998. notwithstanding the limitation on the availability of funds appropriated for mission support and office of inspector',
'general, amounts made available by this act for personnel and related costs and travel expenses of the national aeronautics and',
'space administration shall remain available until september 30, 1996 and may be used to enter into contracts for training, investigations,',
'cost associated with personnel relocation, and for other services, to be provided during the next fiscal year. the unexpired balances',
'of prior appropriations to nasa for activities for which funds are provided under this act may be transferred to the',
'new account established for the appropriation that provides funds for such activity under this act. balances so transferred may be',
'merged with funds in the newly established account and thereafter may be accounted for as one fund to be available',
'for the same purposes and under the same terms and conditions. upon the determination by the administrator that such action',
'is necessary, the administrator may, with the approval of the office of management and budget, transfer not to exceed $50,000,000',
'of funds made available in this act to the national aeronautics and space administration between such appropriations or any subdivision',
'thereof, to be merged with and to be available for the same purposes, and for the same time period, as',
'the appropriation to which transferred: provided, that such authority to transfer may not be used unless for higher priority items,',
'based on unforeseen requirements, than those for which originally appropriated: provided further, that the administrator of the national aeronautics and',
'space administration shall notify the congress promptly of all transfers made pursuant to this authority. notwithstanding section 202 of public',
'law 104 99, section 212 of public law 104 99 shall remain in effect as if enacted as part of',
'this act. within its mission to planet earth program, nasa is urged to fund phase a studies for a radar',
'satellite initiative. national credit union administration central liquidity facility during fiscal year 1996, gross obligations of the central liquidity facility',
'for the principal amount of new direct loans to member credit unions as authorized by the national credit union central',
'liquidity facility act 12 u.s.c. 1795 shall not exceed $600,000,000: provided, that administrative expenses of the central liquidity facility in',
'fiscal year 1996 shall not exceed $560,000. national science foundation research and related activities for necessary expenses in carrying out',
'the purposes of the national science foundation act of 1950, as amended 42 u.s.c. 1861 1875 , and the act',
'to establish a national medal of science 42 u.s.c. 1880 1881 ; services as authorized by 5 u.s.c. 3109; maintenance',
'and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; $2,314,000,000, of which not to',
'exceed $235,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other federal agencies',
'for operational and science support and logistical and other related activities for the united states antarctic program; the balance to',
'remain available until september 30, 1997: provided, that receipts for scientific support services and materials furnished by the national research',
'centers and other national science foundation supported research facilities may be credited to this appropriation: provided further, that to the',
'extent that the amount appropriated is less than the total amount authorized to be appropriated for included program activities, all',
'amounts, including floors and ceilings, specified in the authorizing act for those program activities or their subactivities shall be reduced',
'proportionally. major research equipment for necessary expenses in carrying out major construction projects, and related expenses, pursuant to the purposes',
'of the national science foundation act of 1950, as amended 42 u.s.c. 1861 1875 , $70,000,000, to remain available until',
'expended. academic research infrastructure for necessary expenses in carrying out an academic research infrastructure program pursuant to the purposes of',
'the national science foundation act of 1950, as amended 42 u.s.c. 1861 1875 , including services as authorized by 5',
'u.s.c. 3109 and rental of conference rooms in the district of columbia, $100,000,000, to remain available until september 30, 1997.',
'education and human resources for necessary expenses in carrying out science and engineering education and human resources programs and activities',
'pursuant to the purposes of the national science foundation act of 1950, as amended 42 u.s.c. 1861 1875 , including',
'services as authorized by 5 u.s.c. 3109 and rental of conference rooms in the district of columbia, $599,000,000, to remain',
'available until september 30, 1997: provided, that to the extent that the amount of this appropriation is less than the',
'total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing',
'act for those program activities or their subactivities shall be reduced proportionally. salaries and expenses for necessary salaries and expenses',
'in carrying out the purposes of the national science foundation act of 1950, as amended 42 u.s.c. 1861 1875 ;',
'services authorized by 5 u.s.c. 3109; hire of passenger motor vehicles; not to exceed $9,000 for official reception and representation',
'expenses; uniforms or allowances therefor, as authorized by law 5 u.s.c. 5901 5902 ; rental of conference rooms in the',
'district of columbia; reimbursement of the general services administration for security guard services; $127,310,000: provided, that contracts may be entered',
'into under salaries and expenses in fiscal year 1996 for maintenance and operation of facilities, and for other services, to',
'be provided during the next fiscal year. 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, $4,490,000, to remain available until september',
'30, 1997. national science foundation headquarters relocation for necessary support of the relocation of the national science foundation, $5,200,000: provided,',
'that these funds shall be used to reimburse the general services administration for services and related acquisitions in support of',
'relocating the national science foundation. neighborhood reinvestment corporation payment to the neighborhood reinvestment corporation for payment to the neighborhood reinvestment',
'corporation for use in neighborhood reinvestment activities, as authorized by the neighborhood reinvestment corporation act 42 u.s.c. 8101 8107 ,',
'$38,667,000. selective service system salaries and expenses for necessary expenses of the selective service system, including expenses of attendance at',
'meetings and of training for uniformed personnel assigned to the selective service system, as authorized by law 5 u.s.c. 4101',
'4118 for civilian employees; and not to exceed $1,000 for official reception and representation expenses; $22,930,000: provided, that during the',
'current fiscal year, the president may exempt this appropriation from the provisions of 31 u.s.c. 1341, whenever he deems such',
'action to be necessary in the interest of national defense: provided further, that none of the funds appropriated by the',
'act may be expended for or in connection with the induction of any person into the armed forces of the',
'united states. title iv corporations corporations and agencies of the department of housing and urban development which are subject to',
'the government corporation control act, as amended, are hereby authorized to make such expenditures, within the limits of funds and',
'borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and',
'commitments without regard to fiscal year limitations as provided by section 104 of the act as may be necessary in',
'carrying out the programs set forth in the budget for 1996 for such corporation or agency except as hereinafter provided:',
'provided, that collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to',
'the extent expressly provided for in this act unless such loans are in support of other forms of assistance provided',
'for in this or prior appropriations acts , except that this proviso shall not apply to the mortgage insurance or',
'guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the',
'united states government. resolution trust corporation 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, $11,400,000. title v general provisions sec. 501.',
'where appropriations in titles i, ii, and iii of this act are expendable for travel expenses and no specific limitation',
'has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the',
'budget estimates submitted for the appropriations: provided, that this section shall not apply to travel performed by uncompensated officials of',
'local boards and appeal boards of the selective service system; to travel performed directly in connection with care and treatment',
'of medical beneficiaries of the department of veterans affairs; to travel performed in connection with major disasters or emergencies declared',
'or determined by the president under the provisions of the robert t. stafford disaster relief and emergency assistance act; to',
'travel performed by the offices of inspector general in connection with audits and investigations; or to payments to interagency motor',
'pools where separately set forth in the budget schedules: provided further, that if appropriations in titles i, ii, and iii',
'exceed the amounts set forth in budget estimates initially submitted for such appropriations, the expenditures for travel may correspondingly exceed',
'the amounts therefor set forth in the estimates in the same proportion. sec. 502. appropriations and funds available for the',
'administrative expenses of the department of housing and urban development and the selective service system shall be available in the',
'current fiscal year for purchase of uniforms, or allowances therefor, as authorized by law 5 u.s.c. 5901 5902 ; hire',
'of passenger motor vehicles; and services as authorized by 5 u.s.c. 3109. sec. 503. funds of the department of housing',
'and urban development subject to the government corporation control act or section 402 of the housing act of 1950 shall',
'be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and',
'for utilizing and making payment for services and facilities of federal national mortgage association, government national mortgage association, federal home',
'loan mortgage corporation, federal financing bank, resolution trust corporation, federal reserve banks or any member thereof, federal home loan banks,',
'and any insured bank within the meaning of the federal deposit insurance corporation act, as amended 12 u.s.c. 1811 1831',
'. sec. 504. 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. 505. no funds appropriated by this act may be expended 1 pursuant',
'to a certification of an officer or employee of the united states unless a such certification is accompanied by, or',
'is part of, a voucher or abstract which describes the payee or payees and the items or services for which',
'such expenditure is being made, or b the expenditure of funds pursuant to such certification, and without such a voucher',
'or abstract, is specifically authorized by law; and 2 unless such expenditure is subject to audit by the general accounting',
'office or is specifically exempt by law from such audit. sec. 506. none of the funds provided in this act',
'to any department or agency may be expended for the transportation of any officer or employee of such department or',
'agency between his domicile and his place of employment, with the exception of any officer or employee authorized such transportation',
'under title 31, united states code, section 1344. sec. 507. none of the funds provided in this act may be',
'used for payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting',
'from proposals not specifically solicited by the government: provided, that the extent of cost sharing by the recipient shall reflect',
'the mutuality of interest of the grantee or contractor and the government in the research. sec. 508. none of the',
'funds provided in this act may be used, directly or through grants, to pay or to provide reimbursement for payment',
'of the salary of a consultant whether retained by the federal government or a grantee at more than the daily',
'equivalent of the rate paid for level iv of the executive schedule, unless specifically authorized by law. sec. 509. none',
'of the funds in this act shall be used to pay the expenses of, or otherwise compensate, non federal parties',
'intervening in regulatory or adjudicatory proceedings. nothing herein affects the authority of the consumer product safety commission pursuant to section',
'7 of the consumer product safety act 15 u.s.c. 2056 et seq. . sec. 510. except as otherwise provided under',
'existing law or under an existing executive order issued pursuant to an existing law, the obligation or expenditure of any',
'appropriation under this act for contracts for any consulting service shall be limited to contracts which are 1 a matter',
'of public record and available for public inspection, and 2 thereafter included in a publicly available list of all contracts',
'entered into within twenty four months prior to the date on which the list is made available to the public',
'and of all contracts on which performance has not been completed by such date. the list required by the preceding',
'sentence shall be updated quarterly and shall include a narrative description of the work to be performed under each such',
'contract. sec. 511. except as otherwise provided by law, no part of any appropriation contained in this act shall be',
'obligated or expended by any executive agency, as referred to in the office of federal procurement policy act 41 u.s.c.',
'401 et seq. for a contract for services unless such executive agency 1 has awarded and entered into such contract',
'in full compliance with such act and the regulations promulgated thereunder, and 2 requires any report prepared pursuant to such',
'contract, including plans, evaluations, studies, analyses and manuals, and any report prepared by the agency which is substantially derived from',
'or substantially includes any report prepared pursuant to such contract, to contain information concerning a the contract pursuant to which',
'the report was prepared, and b the contractor who prepared the report pursuant to such contract. sec. 512. except as',
'otherwise provided in section 506, none of the funds provided in this act to any department or agency shall be',
'obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such',
'department or agency. sec. 513. none of the funds provided in this act to any department or agency shall be',
'obligated or expended to procure passenger automobiles as defined in 15 u.s.c. 2001 with an epa estimated miles per gallon',
'average of less than 22 miles per gallon. sec. 514. such sums as may be necessary for fiscal year 1996',
'pay raises for programs funded by this act shall be absorbed within the levels appropriated in this act. sec. 515.',
'none of the funds appropriated in title i of this act shall be used to enter into any new lease',
'of real property if the estimated annual rental is more than $300,000 unless the secretary submits, in writing, a report',
'to the committees on appropriations of the congress and a period of 30 days has expired following the date on',
'which the report is received by the committees on appropriations. sec. 516. a purchase of american made equipment and products.',
'it is the sense of the congress that, to the greatest extent practicable, all equipment 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 entity 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 statement made in subsection a by the congress.',
'sec. 517. none of the funds appropriated in this act may be used to implement any cap on reimbursements to',
'grantees for indirect costs, except as published in office of management and budget circular a 21. sec. 518. none of',
'the funds made available in this act may be used for any program, project, or activity, when it is made',
'known to the federal entity or official to which the funds are made available that the program, project, or activity',
'is not in compliance with any federal law relating to risk assessment, the protection of private property rights, or unfunded',
'mandates. sec. 519. in fiscal year 1996, the director of the federal emergency management agency shall sell the disaster housing',
'inventory of mobile homes and trailers, and the proceeds thereof shall be deposited in the treasury. sec. 520. such funds',
'as may be necessary to carry out the orderly termination of the office of consumer affairs shall be made available',
'from funds appropriated to the department of health and human services for fiscal year 1996. sec. 521. upon enactment of',
'this act, the provisions of section 201 b of public law 104 99, except the last proviso, are superseded. this',
'act may be cited as the departments of veterans affairs and housing and urban development, and independent agencies appropriations act,',
'1996. title ii supplemental appropriations for the fiscal year ending september 30, 1996 chapter 1 department of agriculture food safety',
'and inspection service of the funds appropriated by public law 104 37 or otherwise made available to the food safety',
'and inspection service for fiscal year 1996, not less than $363,000,000 shall be available for salaries and benefit of in',
'plant personnel: provided, that this limitation shall not apply if the secretary of agriculture certifies to the house and senate',
'committees on appropriations that a lesser amount will be adequate to fully meet in plant inspection requirements for the fiscal',
'year. natural resources conservation service watershed and flood prevention operations for an additional amount for watershed and flood prevention operations',
'to repair damages to waterways and watersheds resulting from flooding in the pacific northwest, the northeast blizzards and floods, and',
'other natural disasters, $80,514,000, to remain available until expended: provided, that if the secretary determines that the cost of land',
'and farm structures restoration exceeds the fair market value of an affected cropland, the secretary may use sufficient amounts, not',
'to exceed $7,288,000, from funds provided under this heading to accept bids from willing sellers to provide conservation easements for',
'such cropland inundated by floods as provided for by the wetlands reserve program, authorized by subchapter c of chapter 1',
'of subtitle d of title xii of the food security act of 1985 16 u.s.c. 3837 : provided further, that',
'the entire amount shall be available only to the extent that an official budget request for $80,514,000, that includes designation',
'of the entire amount of the request as an emergency requirement as defined in the balanced budget and emergency deficit',
'control act of 1985, as amended, is transmitted by the president to congress: provided further, that the entire amount is',
'designated by congress as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and',
'emergency deficit control act of 1985, as amended. consolidated farm service agency emergency conservation program for necessary expenses to carry',
'into effect the program authorized in sections 401, 402, and 404 of title iv of the agricultural credit act of',
'1978 16 u.s.c. 2201 2205 for expenses resulting from floods in the pacific northwest and other natural disasters, $30,000,000, to',
'remain available until expended, as authorized by 16 u.s.c. 2204: provided, that the entire amount is designated by congress as',
'an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act',
'of 1985, as amended. rural housing and community development service rural housing insurance fund program account for an additional amount',
'for rural housing insurance fund program account for the additional cost of direct loans, including the cost of modifying loans',
'as defined in section 502 of the congressional budget act of 1974, for emergency expenses resulting from flooding in the',
'pacific northwest, the northeast blizzards and floods, hurricane marilyn, and other natural disasters, to be available from funds in the',
'rural housing insurance fund as follows: $5,000,000 for section 502 direct loans and $1,500,000 for section 504 housing repair loans,',
'to remain available until expended: provided, that the entire amount is designated by congress as an emergency requirement pursuant to',
'section 251 b 2 d i of the balanced budget and emergency deficit control act of 1985, as amended. very',
'low income housing repair grants for an additional amount for very low income housing repair grants under section 504 of',
'the housing act of 1949, as amended, for emergency expenses resulting from flooding in the pacific northwest, the northeast blizzards',
'and floods, hurricane marilyn, and other natural disasters, $1,100,000, to remain available until expended: provided, that the entire amount is',
'designated by congress as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and',
'emergency deficit control act of 1985, as amended. rural utilities service rural utilities assistance program for an additional amount for',
'the rural utilities assistance program for the cost of direct loans and grants, including the cost of modifying loans as',
'defined in section 502 of the congressional budget act of 1974, to assist in the recovery from flooding in the',
'pacific northwest and other natural disasters, $11,000,000, to remain available until expended: provided, that such funds may be available for',
'emergency community water assistance grants as authorized by 7 u.s.c. 1926b: provided, that the entire amount is designated by congress',
'as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control',
'act of 1985, as amended. general provisions sec. 2001. seafood safety. notwithstanding any other provision of law, any domestic fish',
'or fish product produced in compliance with food safety standards or procedures accepted by the food and drug administration as',
'satisfying the requirements of the procedures for the safe and sanitary processing and importing of fish and fish products published',
'by the food and drug administration as a final regulation in the federal register of december 18, 1995 , shall',
'be deemed to have met any inspection requirements of the department of agriculture or other federal agency for any federal',
'commodity purchase program, including the program authorized under section 32 of the act of august 24, 1935 7 u.s.c. 612c',
'except that the department of agriculture or other federal agency may utilize lot inspection to establish a reasonable degree of',
'certainty that fish or fish products purchased under a federal commodity purchase program, including the program authorized under section 32',
'of the act of august 24, 1935 7 u.s.c. 612c , meet federal product specifications. sec. 2002. notwithstanding any other',
'provision of law, the secretary of agriculture is hereby authorized to make or guarantee an operating loan under subtitle b',
'or an emergency loan under subtitle c of the consolidated farm and rural development act 7 u.s.c. 1922 et. seq.',
', as in effect prior to april 4, 1996, to a loan applicant who was less than 90 days delinquent',
'on april 4, 1996, if the loan applicant had submitted an application for the loan prior to april 5, 1996.',
'chapter 1a food and drug export reform sec. 2101. short title; reference. a short title. this chapter may be cited',
'as the fda export reform and enhancement act of 1996. b reference. wherever in this chapter other than in section',
'2104 an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other',
'provision, the reference shall be considered to be made to a section or other provision of the federal food, drug,',
'and cosmetic act. 21 u.s.c. 321 et seq. sec. 2102. export of drugs and devices. a imports for export. section',
'801 21 u.s.c. 381 is amended 1 in subsection d , by adding at the end thereof the following: 3',
'no component of a drug, no component part or accessory of a device which is ready or suitable for use',
'for health related purposes, and no food additive, color additive, or dietary supplement, including a product in bulk form, shall',
'be excluded from importation into the united states under subsection a if a the importer of such article of a',
'drug or device or importer of the food additive, color additive, or dietary supplement submits a statement to the secretary,',
'at the time of initial importation, that such article of a drug or device, food additive, color additive, or dietary',
'supplement is intended to be incorporated by the initial owner or consignee into a drug, biological product, device, food, food',
'additive, color additive, or dietary supplement that will be exported by such owner or consignee from the united states in',
'accordance with section 801 e or 802 or section 351 h of the public health service act; b the initial',
'owner or consignee responsible for such imported article maintains records that identify the use of such imported article and upon',
'request of the secretary submits a report that provides an accounting of the exportation or the disposition of the imported',
'article, including portions that have been destroyed, and the manner in which such person complied with the requirements of this',
'paragraph; and c any imported component, part, or accessory of a drug or device and any food additive, color additive,',
'or dietary supplement not incorporated as described in subparagraph a is destroyed or exported by the owner or consignee. 4',
'the importation into the united states of blood, blood components, source plasma, or source leukocytes or of a component, accessory,',
'or part thereof is not permitted pursuant to paragraph 3 unless the importation complies with section 351 a of the',
'public health service act or the secretary permits the importation under appropriate circumstances and conditions, as determined by the secretary.',
'the importation of tissue or a component or part of tissue is not permitted pursuant to paragraph 3 unless the',
'importation complies with section 361 of the public health service act. ; b export of certain products. section 801 21',
'u.s.c. 381 is amended 1 in subsection e 1 , by striking the second sentence; 2 in subsection e 2',
'a by striking the secretary and inserting either i the secretary; and b by inserting before the period at the',
'end thereof the following: or ii the device is eligible for export under section 802; and 3 in subsection e',
', by adding at the end thereof the following: 3 a new animal drug that requires approval under section 512',
'shall not be exported pursuant to paragraph 1 if such drug has been banned in the united states. 4 a',
'any person who exports a drug, animal drug, or device may request that the secretary i certify in writing that',
'the exported drug, animal drug, or device meets the requirements of paragraph 1 or section 802; or ii certify in',
'writing that the drug, animal drug, or device being exported meets the applicable requirements of this act upon a showing',
'that the drug or device meets the applicable requirements of this act. the secretary shall issue such a certification within',
'20 days of the receipt of a request for such certification. b if the secretary issues a written export certification',
'within the 20 days prescribed by subparagraph a , a fee for such certification may be charged but shall not',
'exceed $175 for each certification. fees collected for a fiscal year pursuant to this subparagraph shall be credited to the',
'appropriation account for salaries and expenses of the food and drug administration and shall be available in accordance with appropriations',
'acts until expended without fiscal year limitation. such fees shall be collected in each fiscal year in an amount equal',
'to the amount specified in appropriations acts for such fiscal year and shall only be collected and available for the',
'costs of the food and drug administration.. c labeling of exported drugs. section 801 21 u.s.c. 381 is amended by',
'adding at the end the following: f 1 if a drug being exported in accordance with subsection e is being',
'exported to a country that has different or additional labeling requirements or conditions for use and such country requires the',
'drug to be labeled in accordance with those requirements or uses, such drug may be labeled in accordance with such',
'requirements and conditions for use in the country to which such drug is being exported if it also is labeled',
'in accordance with the requirements of this act. 2 if, pursuant to paragraph 1 , the labeling of an exported',
'drug includes conditions for use that have not been approved under this act, the labeling must state that such conditions',
'for use have not been approved under this act.. d export of certain unapproved drugs and devices. 1 amendment. section',
'802 21 u.s.c. 382 is amended to read as follows: exports of certain unapproved products sec. 802. a a drug',
'or device 1 which, in the case of a drug a i requires approval by the secretary under section 505',
'before such drug may be introduced or delivered for introduction into interstate commerce; or ii requires licensing by the secretary',
'under section 351 of the public health service act or by the secretary of agriculture under the act of march',
'4, 1913 known as the virus serum toxin act before it may be introduced or delivered for introduction into interstate',
'commerce; b does not have such approval or license; and c is not exempt from such sections or act; and',
'2 which, in the case of a device a does not comply with an applicable requirement under section 514 or',
'515; b under section 520 g is exempt from either such section; or c is a banned device under section',
'516, is adulterated, misbranded, and in violation of such sections or act unless the export of the drug or device',
'is, except as provided in subsection f , authorized under subsection b , c , d , or e or',
'section 801 e 2 . if a drug or device described in paragraphs 1 and 2 may be exported under',
'subsection b and if an application for such drug or device under section 505 or 515 or section 351 of',
'the public health service act was disapproved, the secretary shall notify the appropriate public health official of the country to',
'which such drug will be exported of such disapproval. b 1 a a drug or device described in subsection a',
'may be exported to any country, if the drug or device complies with the laws of that country and has',
'valid marketing authorization by the appropriate authority i in australia, canada, israel, japan, new zealand, switzerland, or south africa; or',
'ii in the european union or a country in the european economic area the countries in the european union and',
'the european free trade association if the drug or device is marketed in that country or the drug or device',
'is authorized for general marketing in the european economic area. b the secretary may designate an additional country to be',
'included in the list of countries described in clauses i and ii of subparagraph a if all of the following',
'requirements are met in such country: i statutory or regulatory requirements which require the review of drugs and devices for',
'safety and effectiveness by an entity of the government of such country and which authorize the approval of only those',
'drugs and devices which have been determined to be safe and effective by experts employed by or acting on behalf',
'of such entity and qualified by scientific training and experience to evaluate the safety and effectiveness of drugs and devices',
'on the basis of adequate and well controlled investigations, including clinical investigations, conducted by experts qualified by scientific training and',
'experience to evaluate the safety and effectiveness of drugs and devices. ii statutory or regulatory requirements that the methods used',
'in, and the facilities and controls used for i the manufacture, processing, and packing of drugs in the country are',
'adequate to preserve their identity, quality, purity, and strength; and ii the manufacture, preproduction design validation, packing, storage, and installation',
'of a device are adequate to assure that the device will be safe and effective. iii statutory or regulatory requirements',
'for the reporting of adverse reactions to drugs and devices and procedures to withdraw approval and remove drugs and devices',
'found not to be safe or effective. iv statutory or regulatory requirements that the labeling and promotion of drugs and',
'devices must be in accordance with the approval of the drug or device. v the valid marketing authorization system in',
'such country or countries is equivalent to the systems in the countries described in clauses i and ii of subparagraph',
'a . the secretary shall not delegate the authority granted under this subparagraph. c an appropriate country official, manufacturer, or',
'exporter may request the secretary to take action under subparagraph b to designate an additional country or countries to be',
'added to the list of countries described in clauses i and ii of subparagraph a by submitting documentation to the',
'secretary in support of such designation. any person other than a country requesting such designation shall include, along with the',
'request, a letter from the country indicating the desire of such country to be designated. 2 a drug described in',
'subsection a may be directly exported to a country which is not listed in clause i or ii of paragraph',
'1 a if a the drug complies with the laws of that country and has valid marketing authorization by the',
'responsible authority in that country; and b the secretary determines that all of the following requirements are met in that',
'country: i statutory or regulatory requirements which require the review of drugs for safety and effectiveness by an entity of',
'the government of such country and which authorize the approval of only those drugs which have been determined to be',
'safe and effective by experts employed by or acting on behalf of such entity and qualified by scientific training and',
'experience to evaluate the safety and effectiveness of drugs on the basis of adequate and well controlled investigations, including clinical',
'investigations, conducted by experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs. ii statutory',
'or regulatory requirements that the methods used in, and the facilities and controls used for the manufacture, processing, and packing',
'of drugs in the country are adequate to preserve their identity, quality, purity, and strength. iii statutory or regulatory requirements',
'for the reporting of adverse reactions to drugs and procedures to withdraw approval and remove drugs found not to be',
'safe or effective. iv statutory or regulatory requirements that the labeling and promotion of drugs must be in accordance with',
'the approval of the drug. 3 the exporter of a drug described in subsection a which would not meet the',
'conditions for approval under this act or conditions for approval of a country described in clause i or ii of',
'paragraph 1 a may petition the secretary for authorization to export such drug to a country which is not described',
'in clause i or ii of paragraph 1 a or which is not described in paragraph 2 . the secretary',
'shall permit such export if a the person exporting the drug i certifies that the drug would not meet the',
'conditions for approval under this act or the conditions for approval of a country described in clause i or ii',
'of paragraph 1 a ; and ii provides the secretary with credible scientific evidence, acceptable to the secretary, that the',
'drug would be safe and effective under the conditions of use in the country to which it is being exported;',
'and b the appropriate health authority in the country to which the drug is being exported i requests approval of',
'the export of the drug to such country; ii certifies that the health authority understands that the drug is not',
'approved under this act or in a country described in clause i or ii of paragraph 1 a ; and',
'iii concurs that the scientific evidence provided pursuant to subparagraph a is credible scientific evidence that the drug would be',
'reasonably safe and effective in such country. the secretary shall take action on a request for export of a drug',
'under this paragraph within 60 days of receiving such request. c a drug or device intended for investigational use in',
'any country described in clause i or ii of subsection b 1 a may be exported in accordance with the',
'laws of that country and shall be exempt from regulation under section 505 i or 520 g . d a',
'drug or device intended for formulation, filling, packaging, labeling, or further processing in anticipation of market authorization in any country',
'described in clause i or ii of subsection b 1 a may be exported for use in accordance with the',
'laws of that country. e 1 a drug or device which is used in the diagnosis, prevention, or treatment of',
'a tropical disease or another disease not of significant prevalence in the united states and which does not otherwise qualify',
'for export under this section shall, upon approval of an application, be permitted to be exported if the secretary finds',
'that the drug or device will not expose patients in such country to an unreasonable risk of illness or injury',
'and the probable benefit to health from the use of the drug or device under conditions of use prescribed, recommended,',
'or suggested in the labeling or proposed labeling of the drug or device outweighs the risk of injury or illness',
'from its use, taking into account the probable risks and benefits of currently available drug or device treatment. 2 the',
'holder of an approved application for the export of a drug or device under this subsection shall report to the',
'secretary a the receipt of any credible information indicating that the drug or device is being or may have been',
'exported from a country for which the secretary made a finding under paragraph 1 a to a country for which',
'the secretary cannot make such a finding; and b the receipt of any information indicating adverse reactions to such drug.',
'3 a if the secretary determines that i a drug or device for which an application is approved under paragraph',
'1 does not continue to meet the requirements of such paragraph; or ii the holder of an approved application under',
'paragraph 1 has not made the report required by paragraph 2 , the secretary may, after providing the holder of',
'the application an opportunity for an informal hearing, withdraw the approved application. b if the secretary determines that the holder',
'of an approved application under paragraph 1 or an importer is exporting a drug or device from the united states',
'to an importer and such importer is exporting the drug or device to a country for which the secretary cannot',
'make a finding under paragraph 1 and such export presents an imminent hazard, the secretary shall immediately prohibit the export',
'of the drug or device to such importer, provide the person exporting the drug or device from the united states',
'prompt notice of the prohibition, and afford such person an opportunity for an expedited hearing. f a drug or device',
'may not be exported under this section 1 if the drug or device is not manufactured, processed, packaged, and held',
'in substantial conformity with current good manufacturing practice requirements or does not meet international standards as certified by an international',
'standards organization recognized by the secretary; 2 if the drug or device is adulterated under clause 1 , 2 a',
', or 3 of section 501 a or subsection c or d of section 501; 3 if the requirements of',
'subparagraphs a through d of section 801 e 1 have not been met; 4 a if the drug or device',
'is the subject of a notice by the secretary or the secretary of agriculture of a determination that the probability',
'of reimportation of the exported drug or device would present an imminent hazard to the public health and safety of',
'the united states and the only means of limiting the hazard is to prohibit the export of the drug or',
'device; or b if the drug or device presents an imminent hazard to the public health of the country to',
'which the drug or device would be exported; 5 if the drug or device is not labeled a in accordance',
'with the requirements and conditions for use in i the country in which the drug or device received valid marketing',
'authorization under subsection b ; and ii the country to which the drug or device would be exported; and b',
'in the language and units of measurement of the country to which the drug or device would be exported or',
'in the language designated by such country; or 6 if the drug or device is not promoted in accordance with',
'the labeling requirements set forth in paragraph 5 . in making a finding under paragraph 4 b , 5 ,',
'or 6 the secretary shall consult with the appropriate public health official in the affected country. g the exporter of',
'a drug or device exported under subsection b 1 shall provide a simple notification to the secretary identifying the drug',
'or device when the exporter first begins to export such drug or device to any country listed in clause i',
'or ii of subsection b 1 a . when an exporter of a drug or device first begins to export',
'a drug or device to a country which is not listed in clause i or ii of subsection b 1',
'a , the exporter shall provide a simple notification to the secretary identifying the drug or device and the country',
'to which such drug or device is being exported. any exporter of a drug or device shall maintain records of',
'all drugs or devices exported and the countries to which they were exported. h for purposes of this section 1',
'a reference to the secretary shall in the case of a biological product which is required to be licensed under',
'the act of march 4, 1913 37 stat. 832 833 commonly known as the virus serum toxin act be considered',
'to be a reference to the secretary of agriculture, and 2 the term drug includes drugs for human use as',
'well as biologicals under section 351 of the public health service act or the act of march 4, 1913 37',
'stat. 832 833 commonly known as the virus serum toxin act .. 2 conforming amendments. section 351 h of the',
'public health service act 42 u.s.c. 262 h is amended by striking 802 b a and inserting 802 b 1',
'and by striking 802 b 4 and inserting 802 b 1 . sec. 2103. prohibited act. section 301 21 u.s.c.',
'331 is amended 1 by redesignating the second subsection u as subsection v ; and 2 by adding at the',
'end thereof the following: w the making of a knowingly false statement in any record or report required or requested',
'under subparagraph a or b of section 801 d 3 , the failure to submit or maintain records as required',
'by sections 801 d 3 a and 801 d 3 b , the release into interstate commerce of any article',
'imported into the united states under section 801 d 3 or any finished product made from such article except for',
'export in accordance with section 801 e or 802 or section 351 h of the public health service act ,',
'or the failure to export or destroy any component, part or accessory not incorporated into a drug, biological product or',
'device that will be exported in accordance with section 801 e or 802 or section 351 h of the public',
'health service act.. sec. 2104. partially processed biological products. subsection h of section 351 of the public health service act',
'42 u.s.c. 262 is amended to read as follows: h a partially processed biological product which 1 is not in',
'a form applicable to the prevention, treatment, or cure of diseases or injuries of man; 2 is not intended for',
'sale in the united states; and 3 is intended for further manufacture into final dosage form outside the united states,',
'shall be subject to no restriction on the export of the product under this act or the federal food, drug,',
'and cosmetic act 21 u.s.c. 321 et. seq. if the product is manufactured, processed, packaged, and held in conformity with',
'current good manufacturing practice requirements or meets international manufacturing standards as certified by an international standards organization recognized by the',
'secretary and meets the requirements of section 801 e 1 of the federal food, drug, and cosmetic act 21 u.s.c.',
'381 e .. sec. 2105. a in general. any owner on the date of enactment of this act of the',
'right to market a nonsteroidal antiinflammatory drug that 1 contains a previously patented active agent; 2 has been reviewed by',
'the federal food and drug administration for a period of more than 120 months as a new drug application; and',
'3 was approved as safe and effective by the federal food and drug administration on october 29, 1992, shall be',
'entitled, for the 2 year period beginning on october 29, 1997, to exclude others from making, using, offering for sale,',
'selling, or importing into the united states such active agent, in accordance with section 154 a 1 of title 35,',
'united states code. b infringement. section 271 of title 35, united states code shall apply to the infringement of the',
'entitlement provided under subsection a . no application described in section 271 e 2 a of title 35, united states',
'code, regardless of purpose, may be submitted prior to the expiration of the entitlement provided under subsection a . c',
'notification. not later than 30 days after the date of the enactment of this act, any owner granted an entitlement',
'under subsection a shall notify the commissioner of patents and trademarks and the secretary for health and human services of',
'such entitlement. not later than 7 days after the receipt of such notice, the commissioner and the secretary shall publish',
'an appropriate notice of the receipt of such notice. chapter 2 departments of commerce, justice, and state, the judiciary, and',
'related agencies department of commerce economic development administration economic development assistance programs for an additional amount for emergency expenses including',
'mitigation relating to flooding and other natural disasters, $18,000,000, to remain available until expended, for grants and related expenses pursuant',
'to the public works and economic development act of 1965, as amended, and for administrative expenses which may be transferred',
'to and merged with the appropriations for salaries and expenses: provided, that the entire amount is hereby designated by congress',
'as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control',
'act of 1985, as amended: provided further, that the entire amount shall be available only to the extent an official',
'budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency',
'requirement as defined in the balanced budget and emergency deficit control act of 1985, as amended, is transmitted to congress.',
'national oceanic and atmospheric administration construction for an additional amount for construction for emergency expenses resulting from flooding in the',
'pacific northwest and other natural disasters, $7,500,000, to remain available until expended: provided, that the entire amount is hereby designated',
'by congress as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency',
'deficit control act of 1985, as amended. related agency small business administration disaster loans program account for an additional amount',
'for disaster loans program account, $71,000,000 for the cost of direct loans, 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; and for administrative expenses to carry out the disaster loan program, $29,000,000, to remain available until expended: provided,',
'that both amounts are hereby designated by congress as emergency requirements pursuant to section 251 b 2 d i of',
'the balanced budget and emergency deficit control act of 1985, as amended. chapter 3 department of defense civil department of',
'the army corps of engineers civil general investigations any funds heretofore appropriated and made available in public law 102 104',
'and public law 102 377 to carry out the provisions for the project for navigation, st. louis harbor, missouri and',
'illinois; may be utilized by the secretary of the army in carrying out the upper mississippi and illinois waterway system',
'navigation study, iowa, illinois, missouri, wisconsin, minnesota, in fiscal year 1996 or until expended. operation and maintenance, general for an',
'additional amount for operation and maintenance, general, for the northeast and northwest floods of 1996, $30,000,000, to remain available until',
'expended: provided, that the entire amount is designated by congress as an emergency requirement pursuant to section 251 b 2',
'd i of the balanced budget and emergency deficit control act of 1985, as amended. flood control and coastal emergencies',
'for an additional amount for flood control and coastal emergencies, for the northeast and northwest floods of 1996 and other',
'disasters, and to replenish funds transferred pursuant to public law 84 99, $135,000,000, to remain available until expended: provided, that',
'the entire amount is designated by congress as an emergency requirement pursuant to section 251 b d 2 i of',
'the balanced budget and emergency deficit control act of 1985, as amended. department of the interior bureau of reclamation construction',
'program for an additional amount for the construction program, $9,000,000, to remain available until expended: provided, that the entire amount',
'is designated by congress as an emergency requirement pursuant to section 251 b d 2 i of the balanced budget',
'and emergency deficit control act of 1985, as amended. department of energy atomic energy defense activities other defense activities for',
'an additional amount for other defense activities, for the materials protection, control and accounting program, $15,000,000 to remain available until',
'expended, not withstanding any other provision of law. power marketing administrations construction, rehabilitation, operation and maintenance, western area power administration',
'transfer of funds $5,500,000 of funds appropriated under this heading in the energy and water development appropriations act, 1995 public',
'law 103 316 , shall be transferred to the appropriation account operation and maintenance, alaska power administration, to remain available',
'until expended, only for necessary termination expenses. chapter 4 foreign operations, export financing, and related programs funds appropriated to the',
'president unanticipated needs unanticipated needs for defense of israel against terrorism for emergency expenses necessary to meet unanticipated needs for',
'the acquisition and provision of goods, services, and/or grants for israel necessary to support the eradication of terrorism in and',
'around israel, $50,000,000: provided, that none of the funds appropriated in this paragraph shall be available for obligation except through',
'the regular notification procedures of the committees on appropriations: provided further, that the entire amount is designated by congress as',
'an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act',
'of 1985, as amended. military assistance foreign military financing program for an additional amount for foreign military financing program for',
'grants for jordan pursuant to section 23 of the arms export control act, $70,000,000: provided, that such funds may be',
'used for jordan to finance transfers by lease of defense articles under chapter 6 of such act. chapter 5 department',
'of the interior and related agencies department of the interior bureau of land management construction and access for an additional',
'amount for construction and access, $5,000,000, to remain available until expended, to repair roads, culverts, bridges, facilities, fish and wildlife',
'protective structures, and recreation sites, damaged due to the pacific northwest flooding: provided, that congress hereby designates this amount as',
'an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act',
'of 1985, as amended: provided further, that $758,000 of this amount shall be available only to the extent an official',
'budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency',
'requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act of 1985,',
'as amended, is transmitted by the president to the congress. oregon and california grant lands for an additional amount for',
'oregon and california grant lands, $35,000,000, to remain available until expended, to repair roads, culverts, bridges, facilities, fish and wildlife',
'protective structures, and recreation sites, damaged due to the pacific northwest flooding: provided, that congress hereby designates this amount as',
'an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act',
'of 1985, as amended: provided further, that $15,452,000 of this amount shall be available only to the extent an official',
'budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency',
'requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act of 1985,',
'as amended, is transmitted by the president to the congress. united states fish and wildlife service resource management for an',
'additional amount for resource management, $1,600,000, to remain available until expended, to provide technical assistance to the natural resource conservation',
'service, the federal emergency management agency, the united states army corps of engineers and other agencies on fish and wildlife',
'habitat issues related to damage caused by floods, storms and other acts of nature: provided, that the entire amount shall',
'be available only to the extent that an official budget request for a specific dollar amount, that includes designation of',
'the entire amount of the request as an emergency requirement as defined in the balanced budget and emergency deficit control',
'act of 1985, as amended, is transmitted by the president to congress: provided further, that the entire amount is designated',
'by congress as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency',
'deficit control act of 1985, as amended. construction for an additional amount for construction, $37,300,000, to remain available until expended,',
'to repair damage caused by hurricanes, floods and other acts of nature, and to protect natural resources: provided, that congress',
'hereby designates this amount as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget',
'and emergency deficit control act of 1985, as amended: provided further, that $16,795,000 of this amount shall be available only',
'to the extent an official budget request, for a specific dollar amount, that includes designation of the entire amount of',
'the request as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency',
'deficit control act of 1985, as amended, is transmitted by the president to the congress. national park service construction for',
'an additional amount for construction, $47,000,000, to remain available until expended, to repair damage caused by hurricanes, floods and other',
'acts of nature: provided, that congress hereby designates this amount as an emergency requirement pursuant to section 251 b 2',
'd i of the balanced budget and emergency deficit control act of 1985, as amended: provided further, that $13,399,000 of',
'this amount shall be available only to the extent an official budget request, for a specific dollar amount, that includes',
'designation of the entire amount of the request as an emergency requirement pursuant to section 251 b 2 d i',
'of the balanced budget and emergency deficit control act of 1985, as amended, is transmitted by the president to the',
'congress. united states geological survey surveys, investigations, and research for an additional amount for surveys, investigations, and research, $2,000,000, to',
'remain available until september 30, 1997, for the costs related to hurricanes, floods and other acts of nature: provided, that',
'congress hereby designates this amount as an emergency requirement pursuant to section 251 b 2 d i of the balanced',
'budget and emergency deficit control act of 1985, as amended: provided further, that $824,000 of this amount shall be available',
'only to the extent an official budget request, for a specific dollar amount, that includes designation of the entire amount',
'of the request as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and',
'emergency deficit control act of 1985, as amended, is transmitted by the president to the congress. bureau of indian affairs',
'operation of indian programs for an additional amount for operation of indian programs, $500,000, to remain available until september 30,',
'1997, for emergency operations and repairs related to winter floods: provided, that the entire amount is designated by congress as',
'an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act',
'of 1985, as amended. construction for an additional amount for construction, $16,500,000, to remain available until expended, for emergency repairs',
'related to winter floods: provided, that congress hereby designates this amount as an emergency requirement pursuant to section 251 b',
'2 d i of the balanced budget and emergency deficit control act of 1985, as amended: provided further, that $7,072,000',
'of this amount shall be available only to the extent an official budget request, for a specific dollar amount, that',
'includes designation of the entire amount of the request as an emergency requirement pursuant to section 251 b 2 d',
'i of the balanced budget and emergency deficit control act of 1985, as amended, is transmitted by the president to',
'the congress. territorial and international affairs assistance to territories for an additional amount for assistance to territories, $13,000,000, to remain',
'available until expended, for recovery efforts from hurricane marilyn: provided, that congress hereby designates this amount as an emergency requirement',
'pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act of 1985, as',
'amended: provided further, that $11,000,000 of this amount shall be available only to the extent an official budget request, for',
'a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement pursuant to',
'section 251 b 2 d i of the balanced budget and emergency deficit control act of 1985, as amended, is',
'transmitted by the president to the congress. department of agriculture forest service national forest system for an additional amount for',
'national forest system, $26,600,000, to remain available until expended, to repair damage caused by hurricanes, floods and other acts of',
'nature: provided, that congress hereby designates this amount as an emergency requirement pursuant to section 251 b 2 d i',
'of the balanced budget and emergency deficit control act of 1985, as amended: provided further, that $6,600,000 of this amount',
'shall be available only to the extent an official budget request, for a specific dollar amount, that includes designation of',
'the entire amount of the request as an emergency requirement pursuant to section 251 b 2 d i of the',
'balanced budget and emergency deficit control act of 1985, as amended, is transmitted by the president to the congress. construction',
'for an additional amount for construction, $60,800,000, to remain available until expended: provided, that congress hereby designates this amount as',
'an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act',
'of 1985, as amended: provided further, that $20,800,000 of this amount shall be available only to the extent an official',
'budget request, for a specific dollar amount, that includes designation of the entire amount of the request as an emergency',
'requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act of 1985,',
'as amended, is transmitted by the president to the congress. chapter 6 department of defense military construction north atlantic treaty',
'organization security investment program for an additional amount for north atlantic treaty organization security investment program, $37,500,000, to remain available',
'until expended: provided, that the secretary of defense may make additional contributions for the north atlantic treaty organization as provided',
'in section 2806 of title 10, united states code: provided further, that such amount is designated by congress as an',
'emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act of',
'1985, as amended. general provision sec. 2601. land conveyance, u.s. army reserve, greensboro, alabama. a conveyance authorized. the secretary of',
'the army may convey, without consideration, to hale county, alabama, all right, title, and interest of the united states in',
'and to a parcel of real property consisting of approximately 5.17 acres and located in greensboro, alabama, that was conveyed',
'by hale county, alabama, to the united states by warranty deed dated september 12, 1988. b description of property. the',
'exact acreage and legal description of the property conveyed under subsection a shall be as described in the deed referred',
'to in that subsection. c additional terms and conditions. the secretary may require such additional terms and conditions in connection',
'with the conveyance under this section as the secretary considers appropriate to protect the interests of the united states. chapter',
'7 department of defense military military personnel military personnel, army for an additional amount for military personnel, army, $257,200,000: provided,',
'that such amount is designated by congress as an emergency requirement pursuant to section 251 b 2 d i of',
'the balanced budget and emergency deficit control act of 1985, as amended. military personnel, navy for an additional amount for',
'military personnel, navy, $11,700,000: provided, that such amount is designated by congress as an emergency requirement pursuant to section 251',
'b 2 d i of the balanced budget and emergency deficit control act of 1985, as amended. military personnel, marine',
'corps for an additional amount for military personnel, marine corps, $2,600,000: provided, that such amount is designated by congress as',
'an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act',
'of 1985, as amended. military personnel, air force for an additional amount for military personnel, air force, $27,300,000: provided, that',
'such amount is designated by congress as an emergency requirement pursuant to section 251 b 2 d i of the',
'balanced budget and emergency deficit control act of 1985, as amended. operation and maintenance operation and maintenance, army for an',
'additional amount for operation and maintenance, army, $241,500,000: provided, that such amount is designated by congress as an emergency requirement',
'pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act of 1985, as',
'amended. operation and maintenance, marine corps for an additional amount for operation and maintenance, marine corps, $900,000: provided, that such',
'amount is designated by congress as an emergency requirement pursuant to section 251 b 2 d i of the balanced',
'budget and emergency deficit control act of 1985, as amended. operation and maintenance, air force for an additional amount for',
'operation and maintenance, air force, $173,000,000: provided, that such amount is designated by congress as an emergency requirement pursuant to',
'section 251 b 2 d i of the balanced budget and emergency deficit control act of 1985, as amended. operation',
'and maintenance, defense wide for an additional amount for operation and maintenance, defense wide, $79,800,000: provided, that such amount is',
'designated by congress as an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and',
'emergency deficit control act of 1985, as amended. procurement other procurement, air force for an additional amount for other procurement,',
'air force, $26,000,000: provided, that such amount is designated by congress as an emergency requirement pursuant to section 251 b',
'2 d i of the balanced budget and emergency deficit control act of 1985, as amended. general provisions transfer of',
'funds sec. 2701. section 8005 of the department of defense appropriations act, 1996 public law 104 61 , is amended',
'by striking out $2,400,000,000 and inserting in lieu thereof $3,100,000,000: provided, that the additional transfer authority provided herein shall be',
'available only to the extent funds are transferred, or have been transferred, during the current fiscal year to cover the',
'costs associated with united states military operations in support of the nato led peace implementation force ifor in and around',
'the former yugoslavia. sec. 2702. notwithstanding any other provision of law, funds appropriated in the department of defense appropriations act,',
'1996 public law 104 61 under the heading aircraft procurement, air force may be obligated for advance procurement and procurement',
'of f 15e aircraft. sec. 2703. a funds appropriated under the heading, aircraft procurement, air force, in public laws 104',
'61, 103 335 and 103 139 that are or remain available for c 17 airframes, c 17 aircraft engines, and',
'complementary widebody aircraft/ndaa may be used for multiyear procurement contracts for c 17 aircraft: provided, that the duration of multiyear',
'contracts awarded under the authority of this subsection may be for a period not to exceed seven program years, notwithstanding',
'section 2306b k of title 10, united states code: provided further, that the funds referred to in this subsection also',
'may be used for advance procurement for up to ten c 17 aircraft in fiscal year 1997: provided further, that',
'the advance procurement funds referred to in this subsection may be used to fund economic order quantities for up to',
'eighty aircraft. b immediately upon enactment of this act, the secretary of defense shall enter into negotiations with the c',
'17 aircraft and engine prime contractors for a baseline fixed price contract for multiyear procurement of eighty c 17 aircraft',
'over a period of seven program years, and alternatives for multiyear procurement of eighty c 17 aircraft over a period',
'of six program years. c the authority to award a multiyear contract as provided in subsection a shall not be',
'effective until the secretary of defense certifies to the congressional defense committees that the air force will realize a savings',
'of more than 5 percent in the total flyaway price for the eighty c 17 aircraft under a c 17',
'multiyear contract as compared to annual lot procurement of the aircraft at the maximum affordable rate profile approved in the',
'november 3, 1995, acquisition decision memorandum: provided, that these savings shall exceed the estimates presented in the multiyear procurement criteria',
'program: c 17 documents submitted pursuant to the request for a fiscal year 1996 supplemental appropriation transmitted to the congress.',
'd the authority under subsection a may not be used to execute a multiyear procurement contract until the earlier of',
'1 may 24, 1996, or 2 the day after the date of the enactment of an act that contains a',
'provision authorizing the department of defense to enter into a multiyear contract for the c 17 aircraft program. e not',
'later than may 24, 1996, the secretary of defense shall submit to the congressional defense committees a report providing a',
'detailed program plan for the six year multiyear procurement program; such report also shall include the latest estimate of any',
'additional savings potentially generated from such an accelerated multiyear procurement of c 17 aircraft. sec. 2704. in addition to the',
'amounts made available in public law 104 61 under the heading research, development, test and evaluation, defense wide, $50,000,000 is',
'hereby appropriated and made available to continue the activities of the semiconductor manufacturing consortium known as sematech. transfer of funds',
'sec. 2705. of the funds appropriated in title ii of public law 104 61, under the heading overseas humanitarian, disaster,',
'and civic aid, for training and activities related to the clearing of landmines for humanitarian purposes, up to $15,000,000 may',
'be transferred to operation and maintenance, defense wide, to be available for the payment of travel, transportation and subsistence expenses',
'of department of defense personnel incurred in carrying out humanitarian assistance activities related to the detection and clearance of landmines.',
'sec. 2706. notwithstanding any other provision of law, $15,000,000 of the amount made available in title ii, under the heading',
'operation and maintenance, army in public law 104 61 shall be paid to national presto industries, inc. for the purpose',
'of environmental restoration at the national presto industries, inc. site in eau claire, wisconsin, in recognition of the 1988 agreement',
'between the department of the army and national presto industries, inc. sec. 2707. a 1 section 1177 of title 10,',
'united states code, relating to mandatory discharge or retirement of members of the armed forces infected with hiv 1 virus,',
'is repealed. 2 the table of sections at the beginning of chapter 59 of such title is amended by striking',
'out the item relating to section 1177. b subsection b of section 567 of the national defense authorization act for',
'fiscal year 1996 is repealed. sec. 2708. in addition to the amounts made available in title ii of public law',
'104 61, under the heading operation and maintenance, air force, $44,900,000 is hereby appropriated and made available for the operation',
'and maintenance of 94 b 52h bomber aircraft in active status or in attrition reserve. sec. 2709. in addition to',
'the amounts made available in title iv of public law 104 61, under the heading research, development, test and evaluation,',
'navy, $10,000,000 is hereby appropriated and made available for shallow water mine countermeasure demonstrations, of which $5,000,000 shall be made',
'available for the advanced lightweight influence sweep system development program. transfer of funds sec. 2710. of the funds appropriated or',
'otherwise made available in title vi of public law 104 61, under the heading defense health program, $8,000,000 are transferred',
'to and merged with funds appropriated or otherwise made available under title iv of that act under the heading research,',
'development, test and evaluation, army and shall be available only for obligation and expenditure for advanced research into neurofibromatosis. sec.',
'2711. of the funds available to the department of defense in title vi, public law 104 61, under the heading',
'drug interdiction and counter drug activities, defense, $220,000 shall be made available only for the procurement of kevlar vests for',
'personal protection of counter drug personnel: provided, that notwithstanding any other provision of law, the department is authorized to transfer',
'these kevlar vests to local counter drug personnel in high crime areas. sec. 2712. before the period at the end',
'of section 8105 of public law 104 61, insert the following: : provided, that the department of defense shall release',
'to the department of the air force all such funds not later than may 31, 1996, and the air force',
'shall obligate all such funds in compliance with this section not later than june 30, 1996. chapter 8 department of',
'transportation office of the secretary payments to air carriers the first proviso under the head payments to air carriers in',
'title i of the department of transportation and related agencies appropriations act, 1996 public law 104 50 , is amended',
'to read as follows: provided, that none of the funds in this act shall be available for the implementation or',
'execution of programs in excess of $22,600,000 from the airport and airway trust fund for the payments to air carriers',
'program in fiscal year 1996:. federal highway administration federal aid highways highway trust fund for the emergency fund authorized by',
'23 u.s.c. 125 to cover expenses arising from the january 1996 flooding in the mid atlantic, northeast, and northwest states',
'and other disasters, $300,000,000, to be derived from the highway trust fund and to remain available until expended: provided, that',
'the entire amount shall be available only to the extent that an official budget request for a specific dollar amount,',
'that includes designation of the entire amount of the request as an emergency requirement as defined in the balanced budget',
'and emergency deficit control act of 1985, as amended, is transmitted by the president to congress: provided further, that such',
'amount is designated by congress as an emergency requirement pursuant to section 251 b 2 d i of the balanced',
'budget and emergency deficit control act of 1985, as amended: provided further, that the provisions of 23 u.s.c. 125 b',
'1 shall not apply to projects relating to the january 1996 flooding in the mid atlantic, northeast, and northwest states.',
'federal transit administration mass transit capital fund liquidation of contract authorization highway trust fund for an additional amount for payment',
'of obligations incurred in carrying out 49 u.s.c. 5338 b administered by the federal transit administration, $375,000,000, to be derived',
'from the highway trust fund and to remain available until expended. other independent agencies panama canal commission panama canal revolving',
'fund for an additional amount for administrative expenses, $2,000,000, to be derived from the panama canal revolving fund. general provisions',
'sec. 2801. notwithstanding any other provision of law, limitations deducted pursuant to the provisions of section 310 of the department',
'of transportation and related agencies appropriations act, 1996, for discretionary programs and the limitation on general operating expenses for both',
'annual and no year programs, not to exceed $28,000,000 shall be available for making obligations for construction of a new',
'hannibal bridge in hannibal, missouri: provided further, that such limitation shall be restored to categories from which it was transferred',
'before making redistribution of obligation in august of 1996 as provided by section 310 of the act. sec. 2802. notwithstanding',
'any other provision of law, of the funds identified for distribution to the state of vermont and the marble valley',
'regional transit district in the matter under the heading highway trust fund, under the heading limitation on obligations, under the',
'heading discretionary grants in the explanatory statement for the conference report to accompany h.r. 2002, house of representatives report numbered',
'104 286, an amount not to exceed $3,500,000 may be used for improvements to support commuter rail operations on the',
'clarendon pittsford rail line between white hall, new york, and rutland, vermont. sec. 2803. in amending parts 119, 121, 125,',
'or 135 of title 14, code of federal regulations in a manner affecting intrastate aviation in alaska, the administrator of',
'the federal aviation administration shall consider the extent to which alaska is not served by transportation modes other than aviation,',
'and shall establish such regulatory distinctions as the administrator deems appropriate effective through june 1, 1997. sec. 2804. notwithstanding any',
'other provision of law, $23,909,325 in funds made available under public law 103 122 together with $21,534,347 in funds made',
'available under public law 103 331 for the chicago central area circulator project shall be available only for the purposes',
'of constructing a 5.2 mile light rail loop within the downtown chicago business district as described in the full funding',
'grant agreement signed on december 15, 1994, and shall not be available for any other purposes. chapter 9 treasury, postal',
'service and general government executive office of the president and funds appropriated to the president office of national drug control',
'policy salaries and expenses including transfer of funds for an additional amount for salaries and expenses, $3,400,000. general provisions sec.',
'2901. title i of public law 104 52 is hereby amended by deleting , not to exceed $1,406,000, under the',
'heading customs services at small airports. sec. 2902. title i of public law 104 52 is hereby amended by adding',
'the following new section under the heading administrative provisions internal revenue service: sec. 3. the funds provided in this act',
'shall be used to provide a level of service, staffing, and funding for taxpayer services division operations which is not',
'less than that provided in fiscal year 1995.. sec. 2903. title iii of public law 104 52 is hereby amended',
'by adding the following proviso before the last period under the heading office of national drug control policy, salaries and',
'expenses: : provided, that of the amounts available to the counter drug technology assessment center, no less than $1,000,000 shall',
'be dedicated to conferences on model state drug laws. sec. 2904. composition of national commission on restructuring the internal revenue',
'service. a in general. section 637 b 2 of the treasury, postal service, and general government appropriations act, 1996 public',
'law 104 52, 109 stat. 509 is amended 1 by striking thirteen and inserting seventeen, and 2 in subparagraphs b',
'and d a by striking two and inserting four, and b by striking one from private life and inserting three',
'from private life. b effective date. the amendments made by this section shall take effect as if included in the',
'provisions of the treasury, postal service, and general government appropriations act, 1996. chapter 10 departments of veterans affairs and housing',
'and urban development and independent agencies department of housing and urban development community planning and development community development grants for',
'an additional amount for community development grants, $50,000,000, to remain available until september 30, 1998, for emergency expenses and repairs',
'related to recent presidentially declared flood disasters, including up to $10,000,000 which may be for rental subsidy contracts under the',
'section 8 existing housing certificate program and the housing voucher program under section 8 of the united states housing act',
'of 1937, as amended, except that such amount shall be available only for temporary housing assistance, not in excess of',
'one year in duration, and shall not be subject to renewal: provided, that the entire amount shall be available only',
'to the extent that an official budget request for a specific dollar amount, that includes designation of the entire amount',
'of the request as an emergency requirement as defined in the balanced budget and emergency deficit control act of 1985,',
'as amended, is transmitted by the president to congress: provided further, that the entire amount is designated by congress as',
'an emergency requirement pursuant to section 251 b 2 d i of the balanced budget and emergency deficit control act',
'of 1985, as amended. federal emergency management agency disaster relief including transfer of funds of the funds made available under',
'this heading in public law 104 19 up to $104,000,000 may be transferred to the disaster assistance direct loan program',
'account for the cost of direct loans as authorized under section 417 of the robert t. stafford disaster relief and',
'emergency assistance act 42 u.s.c. 5121 et seq. : provided, that such transfer may be made to subsidize gross obligations',
'for the principal amount of direct loans not to exceed $119,000,000 under section 417 of the stafford act: provided further,',
'that any such transfer of funds shall be made only upon certification by the director of the federal emergency management',
'agency that all requirements of section 417 of the stafford act will be complied with: provided further, that the entire',
'amount of this appropriation shall be available only to the extent that an official budget request for a specific dollar',
'amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the balanced',
'budget and emergency deficit control act of 1985, as amended, is transmitted by the president to congress: provided further, that',
'the entire amount is designated by congress as an emergency requirement pursuant to section 251 b 2 d i of',
'the balanced budget and emergency deficit control act of 1985, as amended. general provisions sec. 21101. in administering funds provided',
'in this title for domestic assistance, the secretary of any involved department may waive or specify alternative requirements for any',
'provision of any statute or regulation that the secretary administers in connection with the obligation by the secretary or any',
'use of the recipient of these funds, except for the requirement related to civil rights, fair housing and nondiscrimination, the',
'environment, and labor standards, upon finding that such waiver is required to facilitate the obligation and use of such funds',
'would not be inconsistent with the overall purpose of the statute or regulation. sec. 21102. no part of any appropriation',
'contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. sec.',
'21103. notwithstanding section 106 of public law 104 99, sections 118, 121, and 129 of public law 104 99 shall',
'remain in effect as if enacted as part of this act. sec. 21104. the president may make available funds for',
'assistance activities under titles ii and iv of p.l. 104 107, beginning immediately upon enactment of this act and without',
'regard to monthly apportionment limitations, notwithstanding the provisions of section 518a of such act, if he determines and reports to',
'the congress that the effects of the restrictions contained in that section would be that the demand for family planning',
'services would be less likely to be met and that there would be a significant increase in abortions than would',
'otherwise be the case in the absence of such restrictions: provided, that none of the funds appropriated or otherwise made',
'available in p.l. 104 107 may be made available for obligation for the major foreign donor federation of international population',
'assistance except through the regular notifications procedures of the committees on appropriations. this title may be cited as the supplemental',
'appropriations act of 1996. title iii rescissions and offsets chapter 1 energy and water development subchapter a united states enrichment',
'corporation privatization sec. 3101. short title. this subchapter may be cited as the usec privatization act. sec. 3102. definitions. for',
'purposes of this subchapter: 1 the term avlis means atomic vapor laser isotope separation technology. 2 the term corporation means',
'the united states enrichment corporation and, unless the context otherwise requires, includes the private corporation and any successor thereto following',
'privatization. 3 the term gaseous diffusion plants means the paducah gaseous diffusion plant at paducah, kentucky and the portsmouth gaseous',
'diffusion plant at piketon, ohio. 4 the term highly enriched uranium means uranium enriched to 20 percent or more of',
'the uranium 235 isotope. 5 the term low enriched uranium means uranium enriched to less than 20 percent of the',
'uranium 235 isotope, including that which is derived from highly enriched uranium. 6 the term low level radioactive waste has',
'the meaning given such term in section 2 9 of the low level radioactive waste policy act 42 u.s.c. 2021b',
'9 . 7 the term private corporation means the corporation established under section 3105. 8 the term privatization means the',
'transfer of ownership of the corporation to private investors. 9 the term privatization date means the date on which 100',
'percent of the ownership of the corporation has been transferred to private investors. 10 the term public offering means an',
'underwritten offering to the public of the common stock of the private corporation pursuant to section 3104. 11 the russian',
'heu agreement means the agreement between the government of the united states of america and the government of the russian',
'federation concerning the disposition of highly enriched uranium extracted from nuclear weapons, dated february 18, 1993. 12 the term secretary',
'means the secretary of energy. 13 the suspension agreement means the agreement to suspend the antidumping investigation on uranium from',
'the russian federation, as amended. 14 the term uranium enrichment means the separation of uranium of a given isotopic content',
'into 2 components, 1 having a higher percentage of a fissile isotope and 1 having a lower percentage. sec. 3103.',
'sale of the corporation. a authorization. the board of directors of the corporation, with the approval of the secretary of',
'the treasury, shall transfer the interest of the united states in the united states enrichment corporation to the private sector',
'in a manner that provides for the long term viability of the corporation, provides for the continuation by the corporation',
'of the operation of the department of energys gaseous diffusion plants, provides for the protection of the public interest in',
'maintaining a reliable and economical domestic source of uranium mining, enrichment and conversion services, and, to the extent not inconsistent',
'with such purposes, secures the maximum proceeds to the united states. b proceeds. proceeds from the sale of the united',
'states interest in the corporation shall be deposited in the general fund of the treasury. sec. 3104. method of sale.',
'a authorization. the board of directors of the corporation, with the approval of the secretary of the treasury, shall transfer',
'ownership of the assets and obligations of the corporation to the private corporation established under section 3105 which may be',
'consummated through a merger or consolidation effected in accordance with, and having the effects provided under, the law of the',
'state of incorporation of the private corporation, as if the corporation were incorporated thereunder . b board determination. the board,',
'with the approval of the secretary of the treasury, shall select the method of transfer and establish terms and conditions',
'for the transfer that will provide the maximum proceeds to the treasury of the united states and will provide for',
'the long term viability of the private corporation, the continued operation of the gaseous diffusion plants, and the public interest',
'in maintaining reliable and economical domestic uranium mining and enrichment industries. c adequate proceeds. the secretary of the treasury shall',
'not allow the privatization of the corporation unless before the sale date the secretary of the treasury determines that the',
'method of transfer will provide the maximum proceeds to the treasury consistent with the principles set forth in section 3103',
'a . d application of securities laws. any offering or sale of securities by the private corporation shall be subject',
'to the securities act of 1933 15 u.s.c. 77a et seq. , the securities exchange act of 1934 15 u.s.c.',
'78a et seq. , and the provisions of the constitution and laws of any state, territory, or possession of the',
'united states relating to transactions in securities. e expenses. expenses of privatization shall be paid from corporation revenue accounts in',
'the united states treasury. sec. 3105. establishment of private corporation. a incorporation. 1 the directors of the corporation shall establish',
'a private for profit corporation under the laws of a state for the purpose of receiving the assets and obligations',
'of the corporation at privatization and continuing the business operations of the corporation following privatization. 2 the directors of the',
'corporation may serve as incorporators of the private corporation and shall take all steps necessary to establish the private corporation,',
'including the filing of articles of incorporation consistent with the provisions of this subchapter. 3 employees and officers of the',
'corporation including members of the board of directors acting in accordance with this section on behalf of the private corporation',
'shall be deemed to be acting in their official capacities as employees or officers of the corporation for purposes of',
'section 205 of title 18, united states code. b status of the private corporation. 1 the private corporation shall not',
'be an agency, instrumentality, or establishment of the united states, a government corporation, or a government controlled corporation. 2 except',
'as otherwise provided by this subchapter, financial obligations of the private corporation shall not be obligations of, or guaranteed as',
'to principal or interest by, the corporation or the united states, and the obligations shall so plainly state. 3 no',
'action under section 1491 of title 28, united states code, shall be allowable against the united states based on actions',
'of the private corporation. c application of post government employment restrictions. beginning on the privatization date, the restrictions stated in',
'section 207 a , b , c , and d of title 18, united states code, shall not apply to',
'the acts of an individual done in carrying out official duties as a director, officer, or employee of the private',
'corporation, if the individual was an officer or employee of the corporation including a director continuously during the 45 days',
'prior to the privatization date. d dissolution. in the event that the privatization does not occur, the corporation will provide',
'for the dissolution of the private corporation within 1 year of the private corporations incorporation unless the secretary of the',
'treasury or his delegate, upon the corporations request, agrees to delay any such dissolution for an additional year. sec. 3106.',
'transfers to the private corporation. concurrent with privatization, the corporation shall transfer to the private corporation 1 the lease of',
'the gaseous diffusion plants in accordance with section 3107, 2 all personal property and inventories of the corporation, 3 all',
'contracts, agreements, and leases under section 3108 a , 4 the corporations right to purchase power from the secretary under',
'section 3108 b , 5 such funds in accounts of the corporation held by the treasury or on deposit with',
'any bank or other financial institution as approved by the secretary of the treasury, and 6 all of the corporations',
'records, including all of the papers and other documentary materials, regardless of physical form or characteristics, made or received by',
'the corporation. sec. 3107. leasing of gaseous diffusion facilities. a transfer of lease. concurrent with privatization, the corporation shall transfer',
'to the private corporation the lease of the gaseous diffusion plants and related property for the remainder of the term',
'of such lease in accordance with the terms of such lease. b renewal. the private corporation shall have the exclusive',
'option to lease the gaseous diffusion plants and related property for additional periods following the expiration of the initial term',
'of the lease. c exclusion of facilities for production of highly enriched uranium. the secretary shall not lease to the',
'private corporation any facilities necessary for the production of highly enriched uranium but may, subject to the requirements of the',
'atomic energy act of 1954 42 u.s.c. 2011 et seq. , grant the corporation access to such facilities for purposes',
'other than the production of highly enriched uranium. d doe responsibility for preexisting conditions. the payment of any costs of',
'decontamination and decommissioning, response actions, or corrective actions with respect to conditions existing before july 1, 1993, at the gaseous',
'diffusion plants shall remain the sole responsibility of the secretary. e environmental audit. for purposes of subsection d , the',
'conditions existing before july 1, 1993, at the gaseous diffusion plants shall be determined from the environmental audit conducted pursuant',
'to section 1403 e of the atomic energy act of 1954 42 u.s.c. 2297c 2 e . f treatment under',
'price anderson provisions. any lease executed between the secretary and the corporation or the private corporation, and any extension or',
'renewal thereof, under this section shall be deemed to be a contract for purposes of section 170d. of the atomic',
'energy act of 1954 42 u.s.c. 2210 d . g waiver of eis requirement. the execution or transfer of the',
'lease between the secretary and the corporation or the private corporation, and any extension or renewal thereof, shall not be',
'considered to be a major federal action significantly affecting the quality of the human environment for purposes of section 102',
'of the national environmental policy act of 1969 42 u.s.c. 4332 . sec. 3108. transfer of contracts. a transfer of',
'contracts. concurrent with privatization, the corporation shall transfer to the private corporation all contracts, agreements, and leases, including all uranium',
'enrichment contracts, that were 1 transferred by the secretary to the corporation pursuant to section 1401 b of the atomic',
'energy act of 1954 42 u.s.c. 2297c b , or 2 entered into by the corporation before the privatization date.',
'b nontransferable power contracts. the corporation shall transfer to the private corporation the right to purchase power from the secretary',
'under the power purchase contracts for the gaseous diffusion plants executed by the secretary before july 1, 1993. the secretary',
'shall continue to receive power for the gaseous diffusion plants under such contracts and shall continue to resell such power',
'to the private corporation at cost during the term of such contracts. c effect of transfer. 1 notwithstanding subsection a',
', the united states shall remain obligated to the parties to the contracts, agreements, and leases transferred under subsection a',
'for the performance of its obligations under such contracts, agreements, or leases during their terms. performance of such obligations by',
'the private corporation shall be considered performance by the united states. 2 if a contract, agreement, or lease transferred under',
'subsection a is terminated, extended, or materially amended after the privatization date a the private corporation shall be responsible for',
'any obligation arising under such contract, agreement, or lease after any extension or material amendment, and b the united states',
'shall be responsible for any obligation arising under the contract, agreement, or lease before the termination, extension, or material amendment.',
'3 the private corporation shall reimburse the united states for any amount paid by the united states under a settlement',
'agreement entered into with the consent of the private corporation or under a judgment, if the settlement or judgment a',
'arises out of an obligation under a contract, agreement, or lease transferred under subsection a , and b arises out',
'of actions of the private corporation between the privatization date and the date of a termination, extension, or material amendment',
'of such contract, agreement, or lease. d pricing. the corporation may establish prices for its products, materials, and services provided',
'to customers on a basis that will allow it to attain the normal business objectives of a profit making corporation.',
'sec. 3109. liabilities. a liability of the united states. 1 except as otherwise provided in this subchapter, all liabilities arising',
'out of the operation of the uranium enrichment enterprise before july 1, 1993, shall remain the direct liabilities of the',
'secretary. 2 except as provided in subsection a 3 or otherwise provided in a memorandum of agreement entered into by',
'the corporation and the office of management and budget prior to the privatization date, all liabilities arising out of the',
'operation of the corporation between july 1, 1993, and the privatization date shall remain the direct liabilities of the united',
'states. 3 all liabilities arising out of the disposal of depleted uranium generated by the corporation between july 1, 1993,',
'and the privatization date shall become the direct liabilities of the secretary. 4 any stated or implied consent for the',
'united states, or any agent or officer of the united states, to be sued by any person for any legal,',
'equitable, or other relief with respect to any claim arising from any action taken by any agent or officer of',
'the united states in connection with the privatization of the corporation is hereby withdrawn. 5 to the extent that any',
'claim against the united states under this section is of the type otherwise required by federal statute or regulation to',
'be presented to a federal agency or official for adjudication or review, such claim shall be presented to the department',
'of energy in accordance with procedures to be established by the secretary. nothing in this paragraph shall be construed to',
'impose on the department of energy liability to pay any claim presented pursuant to this paragraph. 6 the attorney general',
'shall represent the united states in any action seeking to impose liability under this subsection. b liability of the corporation.',
'notwithstanding any provision of any agreement to which the corporation is a party, the corporation shall not be considered in',
'breach, default, or violation of any agreement because of the transfer of such agreement to the private corporation under section',
'3108 or any other action the corporation is required to take under this subchapter. c liability of the private corporation.',
'except as provided in this subchapter, the private corporation shall be liable for any liabilities arising out of its operations',
'after the privatization date. d liability of officers and directors. 1 no officer, director, employee, or agent of the corporation',
'shall be liable in any civil proceeding to any party in connection with any action taken in connection with the',
'privatization if, with respect to the subject matter of the action, suit, or proceeding, such person was acting within the',
'scope of his employment. 2 this subsection shall not apply to claims arising under the securities act of 1933 15',
'u.s.c. 77a. et seq. , the securities exchange act of 1934 15 u.s.c. 78a. et seq. , or under the',
'constitution or laws of any state, territory, or possession of the united states relating to transactions in securities. sec. 3110.',
'employee protections. a contractor employees. 1 privatization shall not diminish the accrued, vested pension benefits of employees of the corporations',
'operating contractor at the two gaseous diffusion plants. 2 in the event that the private corporation terminates or changes the',
'contractor at either or both of the gaseous diffusion plants, the plan sponsor or other appropriate fiduciary of the pension',
'plan covering employees of the prior operating contractor shall arrange for the transfer of all plan assets and liabilities relating',
'to accrued pension benefits of such plans participants and beneficiaries from such plant to a pension plan sponsored by the',
'new contractor or the private corporation or a joint labor management plan, as the case may be. 3 in addition',
'to any obligations arising under the national labor relations act 29 u.s.c. 151 et seq. , any employer including the',
'private corporation if it operates a gaseous diffusion plant without a contractor or any contractor of the private corporation at',
'a gaseous diffusion plant shall a abide by the terms of any unexpired collective bargaining agreement covering employees in bargaining',
'units at the plant and in effect on the privatization date until the stated expiration or termination date of the',
'agreement; or b in the event a collective bargaining agreement is not in effect upon the privatization date, have the',
'same bargaining obligations under section 8 d of the national labor relations act 29 u.s.c. 158 d as it had',
'immediately before the privatization date. 4 if the private corporation replaces its operating contractor at a gaseous diffusion plant, the',
'new employer including the new contractor or the private corporation if it operates a gaseous diffusion plant without a contractor',
'shall a offer employment to non management employees of the predecessor contractor to the extent that their jobs still exist',
'or they are qualified for new jobs, and b abide by the terms of the predecessor contractors collective bargaining agreement',
'until the agreement expires or a new agreement is signed. 5 in the event of a plant closing or mass',
'layoff as such terms are defined in section 2101 a 2 and 3 of title 29, united states code at',
'either of the gaseous diffusion plants, the secretary of energy shall treat any adversely affected employee of an operating contractor',
'at either plant who was an employee at such plant on july 1, 1993, as a department of energy employee',
'for purposes of sections 3161 and 3162 of the national defense authorization act for fiscal year 1993 42 u.s.c. 7274h',
'7274i . 6 a the secretary and the private corporation shall cause the post retirement health benefits plan provider or',
'its successor to continue to provide benefits for eligible persons, as described under subparagraph b , employed by an operating',
'contractor at either of the gaseous diffusion plants in an economically efficient manner and at substantially the same level of',
'coverage as eligible retirees are entitled to receive on the privatization date. b persons eligible for coverage under subparagraph a',
'shall be limited to: i persons who retired from active employment at one of the gaseous diffusion plants on or',
'before the privatization date as vested participants in a pension plan maintained either by the corporations operating contractor or by',
'a contractor employed prior to july 1, 1993, by the department of energy to operate a gaseous diffusion plant; and',
'ii persons who are employed by the corporations operating contractor on or before the privatization date and are vested participants',
'in a pension plan maintained either by the corporations operating contractor or by a contractor employed prior to july 1,',
'1993, by the department of energy to operate a gaseous diffusion plant. c the secretary shall fund the entire cost',
'of post retirement health benefits for persons who retired from employment with an operating contractor prior to july 1, 1993.',
'd the secretary and the corporation shall fund the cost of post retirement health benefits for persons who retire from',
'employment with an operating contractor on or after july 1, 1993, in proportion to the retired persons years and months',
'of service at a gaseous diffusion plant under their respective management. 7 a any suit under this subsection alleging a',
'violation of an agreement between an employer and a labor organization shall be brought in accordance with section 301 of',
'the labor management relations act 29 u.s.c. 185 . b any charge under this subsection alleging an unfair labor practice',
'violative of section 8 of the national labor relations act 29 u.s.c. 158 shall be pursued in accordance with section',
'10 of the national labor relations act 29 u.s.c. 160 . c any suit alleging a violation of any provision',
'of this subsection, to the extent it does not allege a violation of the national labor relations act, may be',
'brought in any district court of the united states having jurisdiction over the parties, without regard to the amount in',
'controversy or the citizenship of the parties. b former federal employees. 1 a an employee of the corporation that was',
'subject to either the civil service retirement system referred to in this section as csrs or the federal employees retirement',
'system referred to in this section as fers on the day immediately preceding the privatization date shall elect i to',
'retain the employees coverage under either csrs or fers, as applicable, in lieu of coverage by the corporations retirement system,',
'or ii to receive a deferred annuity or lump sum benefit payable to a terminated employee under csrs or fers,',
'as applicable. b an employee that makes the election under subparagraph a ii shall have the option to transfer the',
'balance in the employees thrift savings plan account to a defined contribution plan under the corporations retirement system, consistent with',
'applicable law and the terms of the corporations defined contribution plan. 2 the corporation shall pay to the civil service',
'retirement and disability fund a such employee deductions and agency contributions as are required by sections 8334, 8422, and 8423',
'of title 5, united states code, for those employees who elect to retain their coverage under either csrs or fers',
'pursuant to paragraph 1 ; b such additional agency contributions as are determined necessary by the office of personnel management',
'to pay, in combination with the sums under subparagraph a , the normal cost determined using dynamic assumptions of retirement',
'benefits for those employees who elect to retain their coverage under csrs pursuant to paragraph 1 , with the concept',
'of normal cost being used consistent with generally accepted actuarial standards and principles; and c such additional amounts, not to',
'exceed two percent of the amounts under subparagraphs a and b , as are determined necessary by the office of',
'personnel management to pay the cost of administering retirement benefits for employees who retire from the corporation after the privatization',
'date under either csrs or fers, for their survivors, and for survivors of employees of the corporation who die after',
'the privatization date which amounts shall be available to the office of personnel management as provided in section 8348 a',
'1 b of title 5, united states code . 3 the corporation shall pay to the thrift savings fund such',
'employee and agency contributions as are required by section 8432 of title 5, united states code, for those employees who',
'elect to retain their coverage under fers pursuant to paragraph 1 . 4 any employee of the corporation who was',
'subject to the federal employee health benefits program referred to in this section as fehbp on the day immediately preceding',
'the privatization date and who elects to retain coverage under either csrs or fers pursuant to paragraph 1 shall have',
'the option to receive health benefits from a health benefit plan established by the corporation or to continue without interruption',
'coverage under the fehbp, in lieu of coverage by the corporations health benefit system. 5 the corporation shall pay to',
'the employees health benefits fund a such employee deductions and agency contributions as are required by section 8906 a f',
'of title 5, united states code, for those employees who elect to retain their coverage under fehbp pursuant to paragraph',
'4 ; and b such amounts as are determined necessary by the office of personnel management under paragraph 6 to',
'reimburse the office of personnel management for contributions under section 8906 g 1 of title 5, united states code, for',
'those employees who elect to retain their coverage under fehbp pursuant to paragraph 4 . 6 the amounts required under',
'paragraph 5 b shall pay the government contributions for retired employees who retire from the corporation after the privatization date',
'under either csrs or fers, for survivors of such retired employees, and for survivors of employees of the corporation who',
'die after the privatization date, with said amounts prorated to reflect only that portion of the total service of such',
'employees and retired persons that was performed for the corporation after the privatization date. sec. 3111. ownership limitations. a securities',
'limitations. no director, officer, or employee of the corporation may acquire any securities, or any rights to acquire any securities',
'of the private corporation on terms more favorable than those offered to the general public 1 in a public offering',
'designed to transfer ownership of the corporation to private investors, 2 pursuant to any agreement, arrangement, or understanding entered into',
'before the privatization date, or 3 before the election of the directors of the private corporation. b ownership limitation. immediately',
'following the consummation of the transaction or series of transactions pursuant to which 100 percent of the ownership of the',
'corporation is transferred to private investors, and for a period of three years thereafter, no person may acquire, directly or',
'indirectly, beneficial ownership of securities representing more than 10 percent of the total votes of all outstanding voting securities of',
'the corporation. the foregoing limitation shall not apply to 1 any employee stock ownership plan of the corporation, 2 members',
'of the underwriting syndicate purchasing shares in stabilization transactions in connection with the privatization, or 3 in the case of',
'shares beneficially held in the ordinary course of business for others, any commercial bank, broker dealer, or clearing agency. sec.',
'3112. uranium transfers and sales. a transfers and sales by the secretary. the secretary shall not provide enrichment services or',
'transfer or sell any uranium including natural uranium concentrates, natural uranium hexafluoride, or enriched uranium in any form to any',
'person except as consistent with this section. b russian heu. 1 on or before december 31, 1996, the united states',
'executive agent under the russian heu agreement shall transfer to the secretary without charge title to an amount of uranium',
'hexafluoride equivalent to the natural uranium component of low enriched uranium derived from at least 18 metric tons of highly',
'enriched uranium purchased from the russian executive agent under the russian heu agreement. the quantity of such uranium hexafluoride delivered',
'to the secretary shall be based on a tails assay of 0.30 u\235\. uranium hexafluoride transferred to the secretary pursuant',
'to this paragraph shall be deemed under united states law for all purposes to be of russian origin. 2 within',
'7 years of the date of enactment of this act, the secretary shall sell, and receive payment for, the uranium',
'hexafluoride transferred to the secretary pursuant to paragraph 1 . such uranium hexafluoride shall be sold a at any time',
'for use in the united states for the purpose of overfeeding; b at any time for end use outside the',
'united states; c in 1995 and 1996 to the russian executive agent at the purchase price for use in matched',
'sales pursuant to the suspension agreement; or, d in calendar year 2001 for consumption by end users in the united',
'states not prior to january 1, 2002, in volumes not to exceed 3,000,000 pounds u3o8 equivalent per year. 3 with',
'respect to all enriched uranium delivered to the united states executive agent under the russian heu agreement on or after',
'january 1, 1997, the united states executive agent shall, upon request of the russian executive agent, enter into an agreement',
'to deliver concurrently to the russian executive agent an amount of uranium hexafluoride equivalent to the natural uranium component of',
'such uranium. an agreement executed pursuant to a request of the russian executive agent, as contemplated in this paragraph, may',
'pertain to any deliveries due during any period remaining under the russian heu agreement. the quantity of such uranium hexafluoride',
'delivered to the russian executive agent shall be based on a tails assay of 0.30 u\235\. title to uranium hexafluoride',
'delivered to the russian executive agent pursuant to this paragraph shall transfer to the russian executive agent upon delivery of',
'such material to the russian executive agent, with such delivery to take place at a north american facility designated by',
'the russian executive agent. uranium hexafluoride delivered to the russian executive agent pursuant to this paragraph shall be deemed under',
'u.s. law for all purposes to be of russian origin. such uranium hexafluoride may be sold to any person or',
'entity for delivery and use in the united states only as permitted in subsections b 5 , b 6 and',
'b 7 of this section. 4 in the event that the russian executive agent does not exercise its right to',
'enter into an agreement to take delivery of the natural uranium component of any low enriched uranium, as contemplated in',
'paragraph 3 , within 90 days of the date such low enriched uranium is delivered to the united states executive',
'agent, or upon request of the russian executive agent, then the united states executive agent shall engage an independent entity',
'through a competitive selection process to auction an amount of uranium hexafluoride or u3o8 in the event that the conversion',
'component of such hexafluoride has previously been sold equivalent to the natural uranium component of such low enriched uranium. an',
'agreement executed pursuant to a request of the russian executive agent, as contemplated in this paragraph, may pertain to any',
'deliveries due during any period remaining under the russian heu agreement. such independent entity shall sell such uranium hexafluoride in',
'one or more lots to any person or entity to maximize the proceeds from such sales, for disposition consistent with',
'the limitations set forth in this subsection. the independent entity shall pay to the russian executive agent the proceeds of',
'any such auction less all reasonable transaction and other administrative costs. the quantity of such uranium hexafluoride auctioned shall be',
'based on a tails assay of 0.30 u\235\. title to uranium hexafluoride auctioned pursuant to this paragraph shall transfer to',
'the buyer of such material upon delivery of such material to the buyer. uranium hexafluoride auctioned pursuant to this paragraph',
'shall be deemed under united states law for all purposes to be of russian origin. 5 except as provided in',
'paragraphs 6 and 7 , uranium hexafluoride delivered to the russian executive agent under paragraph 3 or auctioned pursuant to',
'paragraph 4 , may not be delivered for consumption by end users in the united states either directly or indirectly',
'prior to january 1, 1998, and thereafter only in accordance with the following schedule: annual maximum deliveries to end users',
'millions lbs. u3o8 equivalent year: 1998 2 1999 4 2000 6 2001 8 2002 10 2003 12 2004 14 2005',
'16 2006 17 2007 18 2008 19 2009 and each year thereafter 20. 6 uranium hexafluoride delivered to the russian',
'executive agent under paragraph 3 or auctioned pursuant to paragraph 4 may be sold at any time as russian origin',
'natural uranium in a matched sale pursuant to the suspension agreement, and in such case shall not be counted against',
'the annual maximum deliveries set forth in paragraph 5 . 7 uranium hexafluoride delivered to the russian executive agent under',
'paragraph 3 or auctioned pursuant to paragraph 4 may be sold at any time for use in the united states',
'for the purpose of overfeeding in the operations of enrichment facilities. 8 nothing in this subsection b shall restrict the',
'sale of the conversion component of such uranium hexafluoride. 9 the secretary of commerce shall have responsibility for the administration',
'and enforcement of the limitations set forth in this subsection. the secretary of commerce may require any person to provide',
'any certifications, information, or take any action that may be necessary to enforce these limitations. the united states customs service',
'shall maintain and provide any information required by the secretary of commerce and shall take any action requested by the',
'secretary of commerce which is necessary for the administration and enforcement of the uranium delivery limitations set forth in this',
'section. 10 the president shall monitor the actions of the united states executive agent under the russian heu agreement and',
'shall report to the congress not later than december 31 of each year on the effect the low enriched uranium',
'delivered under the russian heu agreement is having on the domestic uranium mining, conversion, and enrichment industries, and the operation',
'of the gaseous diffusion plants. such report shall include a description of actions taken or proposed to be taken by',
'the president to prevent or mitigate any material adverse impact on such industries or any loss of employment at the',
'gaseous diffusion plants as a result of the russian heu agreement. c transfers to the corporation. 1 the secretary shall',
'transfer to the corporation without charge up to 50 metric tons of enriched uranium and up to 7,000 metric tons',
'of natural uranium from the department of energys stockpile, subject to the restrictions in subsection c 2 . 2 the',
'corporation shall not deliver for commercial end use in the united states a any of the uranium transferred under this',
'subsection before january 1, 1998; b more than 10 percent of the uranium by uranium hexafluoride equivalent content transferred under',
'this subsection or more than 4,000,000 pounds, whichever is less, in any calendar year after 1997; or c more than',
'800,000 separative work units contained in low enriched uranium transferred under this subsection in any calendar year. d inventory sales.',
'1 in addition to the transfers authorized under subsections c and e , the secretary may, from time to time,',
'sell natural and low enriched uranium including low enriched uranium derived from highly enriched uranium from the department of energys',
'stockpile. 2 except as provided in subsections b , c , and e , no sale or transfer of natural',
'or low enriched uranium shall be made unless a the president determines that the material is not necessary for national',
'security needs, b the secretary determines that the sale of the material will not have an adverse material impact on',
'the domestic uranium mining, conversion, or enrichment industry, taking into account the sales of uranium under the russian heu agreement',
'and the suspension agreement, and c the price paid to the secretary will not be less than the fair market',
'value of the material. e government transfers. notwithstanding subsection d 2 , the secretary may transfer or sell enriched uranium',
'1 to a federal agency if the material is transferred for the use of the receiving agency without any resale',
'or transfer to another entity and the material does not meet commercial specifications; 2 to any person for national security',
'purposes, as determined by the secretary; or 3 to any state or local agency or nonprofit, charitable, or educational institution',
'for use other than the generation of electricity for commercial use. f savings provision. nothing in this subchapter shall be',
'read to modify the terms of the russian heu agreement. sec. 3113. low level waste. a responsibility of doe. 1',
'the secretary, at the request of the generator, shall accept for disposal low level radioactive waste, including depleted uranium if',
'it were ultimately determined to be low level radioactive waste, generated by a the corporation as a result of the',
'operations of the gaseous diffusion plants or as a result of the treatment of such wastes at a location other',
'than the gaseous diffusion plants, or b any person licensed by the nuclear regulatory commission to operate a uranium enrichment',
'facility under sections 53, 63, and 193 of the atomic energy act of 1954 42 u.s.c. 2073, 2093, and 2243',
'. 2 except as provided in paragraph 3 , the generator shall reimburse the secretary for the disposal of low',
'level radioactive waste pursuant to paragraph 1 in an amount equal to the secretarys costs, including a pro rata share',
'of any capital costs, but in no event more than an amount equal to that which would be charged by',
'commercial, state, regional, or interstate compact entities for disposal of such waste. 3 in the event depleted uranium were ultimately',
'determined to be low level radioactive waste, the generator shall reimburse the secretary for the disposal of depleted uranium pursuant',
'to paragraph 1 in an amount equal to the secretarys costs, including a pro rata share of any capital costs.',
'b agreements with other persons. the generator may also enter into agreements for the disposal of low level radioactive waste',
'subject to subsection a with any person other than the secretary that is authorized by applicable laws and regulations to',
'dispose of such wastes. c state or interstate compacts. notwithstanding any other provision of law, no state or interstate compact',
'shall be liable for the treatment, storage, or disposal of any low level radioactive waste including mixed waste attributable to',
'the operation, decontamination, and decommissioning of any uranium enrichment facility. sec. 3114. avlis. a exclusive right to commercialize. the corporation',
'shall have the exclusive commercial right to deploy and use any avlis patents, processes, and technical information owned or controlled',
'by the government, upon completion of a royalty agreement with the secretary. b transfer of related property to corporation. 1',
'in general. to the extent requested by the corporation and subject to the requirements of the atomic energy act of',
'1954 42 u.s.c. 2011, et seq. , the president shall transfer without charge to the corporation all of the right,',
'title, or interest in and to property owned by the united states under control or custody of the secretary that',
'is directly related to and materially useful in the performance of the corporations purposes regarding avlis and alternative technologies for',
'uranium enrichment, including a facilities, equipment, and materials for research, development, and demonstration activities; and b all other facilities, equipment,',
'materials, processes, patents, technical information of any kind, contracts, agreements, and leases. 2 exception. facilities, real estate, improvements, and equipment',
'related to the gaseous diffusion, and gas centrifuge, uranium enrichment programs of the secretary shall not transfer under paragraph 1',
'b . 3 expiration of transfer authority. the presidents authority to transfer property under this subsection shall expire upon the',
'privatization date. c liability for patent and related claims. with respect to any right, title, or interest provided to the',
'corporation under subsection a or b , the corporation shall have sole liability for any payments made or awards under',
'section 157b. 3 of the atomic energy act of 1954 42 u.s.c. 2187 b 3 , or any settlements or',
'judgments involving claims for alleged patent infringement. any royalty agreement under subsection a of this section shall provide for a',
'reduction of royalty payments to the secretary to offset any payments, awards, settlements, or judgments under this subsection. sec. 3115.',
'application of certain laws. a osha. 1 as of the privatization date, the private corporation shall be subject to and',
'comply with the occupational safety and health act of 1970 29 u.s.c. 651 et seq. . 2 the nuclear regulatory',
'commission and the occupational safety and health administration shall, within 90 days after the date of enactment of this act,',
'enter into a memorandum of agreement to govern the exercise of their authority over occupational safety and health hazards at',
'the gaseous diffusion plants, including inspection, investigation, enforcement, and rulemaking relating to such hazards. b antitrust laws. for purposes of',
'the antitrust laws, the performance by the private corporation of a matched import contract under the suspension agreement shall be',
'considered to have occurred prior to the privatization date, if at the time of privatization, such contract had been agreed',
'to by the parties in all material terms and confirmed by the secretary of commerce under the suspension agreement. c',
'energy reorganization act requirements. 1 the private corporation and its contractors and subcontractors shall be subject to the provisions of',
'section 211 of the energy reorganization act of 1974 42 u.s.c. 5851 to the same extent as an employer subject',
'to such section. 2 with respect to the operation of the facilities leased by the private corporation, section 206 of',
'the energy reorganization act of 1974 42 u.s.c. 5846 shall apply to the directors and officers of the private corporation.',
'sec. 3116. amendments to the atomic energy act. a repeal. 1 chapters 22 through 26 of the atomic energy act',
'of 1954 42 u.s.c. 2297 2297e 7 are repealed as of the privatization date. 2 the table of contents of',
'such act is amended as of the privatization date by striking the items referring to sections repealed by paragraph 1',
'. b nrc licensing. 1 section 11v. of the atomic energy act of 1954 42 u.s.c. 2014v. is amended by',
'striking or the construction and operation of a uranium enrichment facility using atomic vapor laser isotope separation technology. 2 section',
'193 of the atomic energy act of 1954 42 u.s.c. 2243 is amended by adding at the end the following:',
'f limitation. no license or certificate of compliance may be issued to the united states enrichment corporation or its successor',
'under this section or sections 53, 63, or 1701, if the commission determines that 1 the corporation is owned, controlled,',
'or dominated by an alien, a foreign corporation, or a foreign government; or 2 the issuance of such a license',
'or certificate of compliance would be inimical to a the common defense and security of the united states; or b',
'the maintenance of a reliable and economical domestic source of enrichment services.. 3 section 1701 c 2 of the atomic',
'energy act of 1954 42 u.s.c. 2297f c 2 is amended to read as follows: 2 periodic application for certificate',
'of compliance. the corporation shall apply to the nuclear regulatory commission for a certificate of compliance under paragraph 1 periodically,',
'as determined by the commission, but not less than every 5 years. the commission shall review any such application and',
'any determination made under subsection b 2 shall be based on the results of any such review.. 4 section 1702',
'a of the atomic energy act of 1954 42 u.s.c. 2297f 1 a is amended 1 by striking other than',
'and inserting including, and 2 by striking sections 53 and 63 and inserting sections 53, 63, and 193. c judicial',
'review of nrc actions. section 189b. of the atomic energy act of 1954 42 u.s.c. 2239 b is amended to',
'read as follows: b. the following commission actions shall be subject to judicial review in the manner prescribed in chapter',
'158 of title 28, united states code, and chapter 7 of title 5, united states code: 1 any final order',
'entered in any proceeding of the kind specified in subsection a . 2 any final order allowing or prohibiting a',
'facility to begin operating under a combined construction and operating license. 3 any final order establishing by regulation standards to',
'govern the department of energys gaseous diffusion uranium enrichment plants, including any such facilities leased to a corporation established under',
'the usec privatization act. 4 any final determination under section 1701 c relating to whether the gaseous diffusion plants, including',
'any such facilities leased to a corporation established under the usec privatization act, are in compliance with the commissions standards',
'governing the gaseous diffusion plants and all applicable laws.. d civil penalties. section 234a. of the atomic energy act of',
'1954 42 u.s.c. 2282 a is amended by 1 striking any licensing provision of section 53, 57, 62, 63, 81,',
'82, 101, 103, 104, 107, or 109 and inserting: any licensing or certification provision of section 53, 57, 62, 63,',
'81, 82, 101, 103, 104, 107, 109, or 1701; and 2 by striking any license issued thereunder and inserting: any',
'license or certification issued thereunder. e references to the corporation. following the privatization date, all references in the atomic energy',
'act of 1954 to the united states enrichment corporation shall be deemed to be references to the private corporation. sec.',
'3117. amendments to other laws. a definition of government corporation. as of the privatization date, section 9101 3 of title',
'31, united states code, is amended by striking subparagraph n as added by section 902 b of public law 102',
'486. b definition of the corporation. section 1018 1 of the energy policy act of 1992 42 u.s.c. 2296b 7',
'1 is amended by inserting or its successor before the period. subchapter b sec. 3201. bonneville power administration refinancing. a',
'definitions. for the purposes of this section 1 administrator means the administrator of the bonneville power administration; 2 capital investment',
'means a capitalized cost funded by federal appropriations that a is for a project, facility, or separable unit or feature',
'of a project or facility; b is a cost for which the administrator is required by law to establish rates',
'to repay to the united states treasury through the sale of electric power, transmission, or other services; c excludes a',
'federal irrigation investment; and d excludes an investment financed by the current revenues of the administrator or by bonds issued',
'and sold, or authorized to be issued and sold, by the administrator under section 13 of the federal columbia river',
'transmission system act 16 u.s.c. 838k ; 3 new capital investment means a capital investment for a project, facility, or',
'separable unit or feature of a project or facility, placed in service after september 30, 1996; 4 old capital investment',
'means a capital investment the capitalized cost of which a was incurred, but not repaid, before october 1, 1996, and',
'b was for a project, facility, or separable unit or feature of a project or facility, placed in service before',
'october 1, 1996; 5 repayment date means the end of the period within which the administrators rates are to assure',
'the repayment of the principal amount of a capital investment; and 6 treasury rate means a for an old capital',
'investment, a rate determined by the secretary of the treasury, taking into consideration prevailing market yields, during the month preceding',
'october 1, 1996, on outstanding interest bearing obligations of the united states with periods to maturity comparable to the period',
'between october 1, 1996, and the repayment date for the old capital investment; and b for a new capital investment,',
'a rate determined by the secretary of the treasury, taking into consideration prevailing market yields, during the month preceding the',
'beginning of the fiscal year in which the related project, facility, or separable unit or feature is placed in service,',
'on outstanding interest bearing obligations of the united states with periods to maturity comparable to the period between the beginning',
'of the fiscal year and the repayment date for the new capital investment. b new principal amounts. 1 principal amount.',
'effective october 1, 1996, an old capital investment has a new principal amount that is the sum of a the',
'present value of the old payment amounts for the old capital investment, calculated using a discount rate equal to the',
'treasury rate for the old capital investment; and b an amount equal to $100,000,000 multiplied by a fraction whose numerator',
'is the principal amount of the old payment amounts for the old capital investment and whose denominator is the sum',
'of the principal amounts of the old payment amounts for all old capital investments. 2 determination. with the approval of',
'the secretary of the treasury based solely on consistency with this section, the administrator shall determine the new principal amounts',
'under subsection b and the assignment of interest rates to the new principal amounts under subsection c . 3 old',
'payment amounts. for the purposes of this subsection, old payment amounts means, for an old capital investment, the annual interest',
'and principal that the administrator would have paid to the united states treasury from october 1, 1996, if this section',
'had not been enacted, assuming that a the principal were repaid i on the repayment date the administrator assigned before',
'october 1, 1994, to the old capital investment, or ii with respect to an old capital investment for which the',
'administrator has not assigned a repayment date before october 1, 1994, on a repayment date the administrator shall assign to',
'the old capital investment in accordance with paragraph 10 d 1 of the version of department of energy order ra',
'6120.2 in effect on october 1, 1994; and b interest were paid i at the interest rate the administrator assigned',
'before october 1, 1994, to the old capital investment, or ii with respect to an old capital investment for which',
'the administrator has not assigned an interest rate before october 1, 1994, at a rate determined by the secretary of',
'the treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year in which',
'the related project, facility, or separable unit or feature is placed in service, on outstanding interest bearing obligations of the',
'united states with periods to maturity comparable to the period between the beginning of the fiscal year and the repayment',
'date for the old capital investment. c interest rate for new principal amounts. as of october 1, 1996, the unpaid',
'balance on the new principal amount established for an old capital investment under subsection b bears interest annually at the',
'treasury rate for the old capital investment until the earlier of the date that the new principal amount is repaid',
'or the repayment date for the new principal amount. d repayment dates. as of october 1, 1996, the repayment date',
'for the new principal amount established for an old capital investment under subsection b is no earlier than the repayment',
'date for the old capital investment assumed in subsection b 3 a . e prepayment limitations. during the period october',
'1, 1996, through september 30, 2001, the total new principal amounts of old capital investments, as established under subsection b',
', that the administrator may pay before their respective repayment dates shall not exceed $100,000,000. f interest rates for new',
'capital investments during construction. 1 new capital investment. the principal amount of a new capital investment includes interest in each',
'fiscal year of construction of the related project, facility, or separable unit or feature at a rate equal to the',
'one year rate for the fiscal year on the sum of a construction expenditures that were made from the date',
'construction commenced through the end of the fiscal year, and b accrued interest during construction. 2 payment. the administrator is',
'not required to pay, during construction of the project, facility, or separable unit or feature, the interest calculated, accrued, and',
'capitalized under subsection f 1 . 3 one year rate. for the purposes of this section, one year rate for',
'a fiscal year means a rate determined by the secretary of the treasury, taking into consideration prevailing market yields, during',
'the month preceding the beginning of the fiscal year, on outstanding interest bearing obligations of the united states with periods',
'to maturity of approximately one year. g interest rates for new capital investments. the unpaid balance on the principal amount',
'of a new capital investment bears interest at the treasury rate for the new capital investment from the date the',
'related project, facility, or separable unit or feature is placed in service until the earlier of the date the new',
'capital investment is repaid or the repayment date for the new capital investment. h credits to administrators repayment to the',
'united states treasury. the confederated tribe of the colville reservation grand coulee dam settlement act public law no. 103 436;',
'108 stat. 4577 is amended by striking section 6 and inserting the following: sec. 6. credits to administrators repayment to',
'the united states treasury. so long as the administrator makes annual payments to the tribes under the settlement agreement, the',
'administrator shall apply against amounts otherwise payable by the administrator to the united states treasury a credit that reduces the',
'administrators payment, in the amount and for each fiscal year as follows: $15,860,000 in fiscal year 1997; $16,490,000 in fiscal',
'year 1998; $17,150,000 in fiscal year 1999; $17,840,000 in fiscal year 2000; $18,550,000 in fiscal year 2001; and $4,600,000 in',
'each succeeding fiscal year.. i contract provisions. in each contract of the administrator that provides for the administrator to sell',
'electric power, transmission, or related services, and that is in effect after september 30, 1996, the administrator shall offer to',
'include, or as the case may be, shall offer to amend to include, provisions specifying that after september 30, 1996',
'1 the administrator shall establish rates and charges on the basis that a the principal amount of an old capital',
'investment shall be no greater than the new principal amount established under subsection b ; b the interest rate applicable',
'to the unpaid balance of the new principal amount of an old capital investment shall be no greater than the',
'interest rate established under subsection c ; c any payment of principal of an old capital investment shall reduce the',
'outstanding principal balance of the old capital investment in the amount of the payment at the time the payment is',
'tendered; and d any payment of interest on the unpaid balance of the new principal amount of an old capital',
'investment shall be a credit against the appropriate interest account in the amount of the payment at the time the',
'payment is tendered; 2 apart from charges necessary to repay the new principal amount of an old capital investment as',
'established under subsection b and to pay the interest on the principal amount under subsection c , no amount may',
'be charged for return to the united states treasury as repayment for or return on an old capital investment, whether',
'by way of rate, rent, lease payment, assessment, user charge, or any other fee; 3 amounts provided under section 1304',
'of title 31, united states code, shall be available to pay, and shall be the sole source for payment of,',
'a judgment against or settlement by the administrator or the united states on a claim for a breach of the',
'contract provisions required by this part; and 4 the contract provisions specified in this part do not a preclude the',
'administrator from recovering, through rates or other means, any tax that is generally imposed on electric utilities in the united',
'states, or b affect the administrators authority under applicable law, including section 7 g of the pacific northwest electric power',
'planning and conservation act 16 u.s.c. 839e g , to i allocate costs and benefits, including but not limited to',
'fish and wildlife costs, to rates or resources, or ii design rates. j savings provisions. 1 repayment. this subchapter does',
'not affect the obligation of the administrator to repay the principal associated with each capital investment, and to pay interest',
'on the principal, only from the administrators net proceeds, as defined in section 13 of the federal columbia river transmission',
'system act 16 u.s.c. 838k b . 2 payment of capital investment. except as provided in subsection e , this',
'section does not affect the authority of the administrator to pay all or a portion of the principal amount associated',
'with a capital investment before the repayment date for the principal amount. chapter 2 foreign operations, export financing, and related',
'programs export and investment assistance export import bank of the united states subsidy appropriation rescission of the unobligated balances available',
'under this heading, $42,000,000 are rescinded. chapter 3 department of the interior and related agencies department of energy strategic petroleum',
'reserve notwithstanding section 161 of the energy policy and conservation act 42 u.s.c. 6241 , the secretary of energy shall',
'draw down and sell in fiscal year 1996, $227,000,000 worth of strategic petroleum reserve oil from the weeks island site.',
'chapter 4 departments of labor, health and human services, and education department of health and human services administration for children',
'and families job opportunities and basic skills rescission of the funds made available under this heading elsewhere in this act,',
'there is rescinded an amount equal to the total of the funds within each states limitation for fiscal year 1996',
'that are not necessary to pay such states allowable claims for such fiscal year. section 403 k 3 f of',
'the social security act as amended by public law 100 485 is amended by adding: reduced by an amount equal',
'to the total of those funds that are within each states limitation for fiscal year 1996 that are not necessary',
'to pay such states allowable claims for such fiscal year except that such amount for such year shall be deemed',
'to be $1,000,000,000 for the purpose of determining the amount of the payment under subsection 1 to which each state',
'is entitled ,. department of education student financial assistance notwithstanding any other provision of this act, the first and third',
'dollar amounts provided in title i of this act under the heading student financial assistance are hereby reduced by $53,446,000.',
'chapter 5 military construction rescissions of the funds provided in public law 104 32, the military construction appropriations act, 1996,',
'the following funds are hereby rescinded from the following accounts in the specified amounts: military construction, army, $6,385,000; military construction,',
'navy, $6,385,000; military construction, air force, $6,385,000; and military construction, defense wide, $18,345,000. chapter 6 department of defense military procurement',
'missile procurement, air force rescission of the funds made available under this heading in public law 103 335, $310,000,000 are',
'rescinded. other procurement, air force rescission of the funds made available under this heading in public law 103 335, $265,000,000',
'are rescinded. research, development, test and evaluation research, development, test and evaluation, army rescission of the funds made available under',
'this heading in public law 104 61, $19,500,000 are rescinded: provided, that this reduction shall be applied proportionally to each',
'budget activity, activity group and subactivity group and each program, project, and activity within this appropriation account. research, development, test',
'and evaluation, navy rescission of the funds made available under this heading in public law 104 61, $45,000,000 are rescinded:',
'provided, that this reduction shall be applied proportionally to each budget activity, activity group and subactivity group and each program,',
'project, and activity within this appropriation account. research, development, test and evaluation, air force rescissions of the funds made available',
'under this heading in public law 103 335, $245,000,000 are rescinded. of the funds made available under this heading in',
'public law 104 61, $69,800,000 are rescinded: provided, that this reduction shall be applied proportionally to each budget activity, activity',
'group and subactivity group and each program, project, and activity within this appropriation account. research, development, test and evaluation, defense',
'wide rescission of the funds made available under this heading in public law 104 61, $40,600,000 are rescinded: provided, that',
'this reduction shall be applied proportionally to each budget activity, activity group and subactivity group and each program, project, and',
'activity within this appropriation account: provided further, that no reduction may be taken against the funds made available to the',
'department of defense for ballistic missile defense. chapter 7 department of transportation federal aviation administration grants in aid for airports',
'airport and airway trust fund rescission of contract authorization of the available contract authority balances under this account, $664,000,000 are',
'rescinded. federal highway administration highway related safety grants highway trust fund rescission of contract authorization of the available contract authority',
'balances under this account, $9,000,000 are rescinded. motor carrier safety grants highway trust fund rescission of contract authorization of the',
'available contract authority balances under this account, $33,000,000 are rescinded. national highway traffic safety administration highway traffic safety grants highway',
'trust fund rescission of contract authorization of the available contract authority balances under this account, $56,000,000 are rescinded. chapter 8',
'treasury, postal service and general government independent agencies general services administration federal buildings fund limitations on availability of revenue rescission',
'of the funds made available for installment acquisition payments under this heading in public law 104 52, $3,400,000 are rescinded:',
'provided, that the aggregate amount made available to the fund shall be $5,062,749,000. chapter 9 departments of veterans affairs and',
'housing and urban development and independent agencies federal emergency management agency disaster relief of the funds made available under this',
'heading and under the heading disaster relief emergency contingency fund in public law 104 19, $1,000,000,000 are rescinded. chapter 10',
'debt collection improvements sec. 31001. debt collection improvement act of 1996. a 1 this section may be cited as the',
'debt collection improvement act of 1996. 2 a in general. the provisions of this section and the amendments made by',
'this section shall take effect on the date of the enactment of this act. b offsets from social security payments,',
'etc. subparagraph a of section 3716 c 3 of title 31, united states code as added by subsection d 2',
'of this section , shall apply only to payments made after the date which is 4 months after the date',
'of the enactment of this act. b the purposes of this section are the following: 1 to maximize collections of',
'delinquent debts owed to the government by ensuring quick action to enforce recovery of debts and the use of all',
'appropriate collection tools. 2 to minimize the costs of debt collection by consolidating related functions and activities and utilizing interagency',
'teams. 3 to reduce losses arising from debt management activities by requiring proper screening of potential borrowers, aggressive monitoring of',
'all accounts, and sharing of information within and among federal agencies. 4 to ensure that the public is fully informed',
'of the federal governments debt collection policies and that debtors are cognizant of their financial obligations to repay amounts owed',
'to the federal government. 5 to ensure that debtors have all appropriate due process rights, including the ability to verify,',
'challenge, and compromise claims, and access to administrative appeals procedures which are both reasonable and protect the interests of the',
'united states. 6 to encourage agencies, when appropriate, to sell delinquent debt, particularly debts with underlying collateral. 7 to rely',
'on the experience and expertise of private sector professionals to provide debt collection services to federal agencies. c chapter 37',
'of title 31, united states code, is amended 1 in each of sections 3711, 3716, 3717, and 3718, by striking',
'the head of an executive or legislative agency each place it appears and inserting the head of an executive, judicial,',
'or legislative agency; and 2 by amending section 3701 a 4 to read as follows: 4 executive, judicial, or legislative',
'agency means a department, agency, court, court administrative office, or instrumentality in the executive, judicial, or legislative branch of government,',
'including government corporations.. d 1 persons subject to administrative offset. section 3701 c of title 31, united states code, is',
'amended to read as follows: c in sections 3716 and 3717 of this title, the term person does not include',
'an agency of the united states government.. 2 requirements and procedures. section 3716 of title 31, united states code, is',
'amended a by amending subsection b to read as follows: b before collecting a claim by administrative offset, the head',
'of an executive, judicial, or legislative agency must either 1 adopt, without change, regulations on collecting by administrative offset promulgated',
'by the department of justice, the general accounting office, or the department of the treasury; or 2 prescribe regulations on',
'collecting by administrative offset consistent with the regulations referred to in paragraph 1 . ; b by amending subsection c',
'2 to read as follows: 2 when a statute explicitly prohibits using administrative offset or setoff to collect the claim',
'or type of claim involved. ; c by redesignating subsection c as subsection e ; and d by inserting after',
'subsection b the following new subsections: c 1 a except as otherwise provided in this subsection, a disbursing official of',
'the department of the treasury, the department of defense, the united states postal service, or any other government corporation, or',
'any disbursing official of the united states designated by the secretary of the treasury, shall offset at least annually the',
'amount of a payment which a payment certifying agency has certified to the disbursing official for disbursement, by an amount',
'equal to the amount of a claim which a creditor agency has certified to the secretary of the treasury pursuant',
'to this subsection. b an agency that designates disbursing officials pursuant to section 3321 c of this title is not',
'required to certify claims arising out of its operations to the secretary of the treasury before such agencys disbursing officials',
'offset such claims. c payments certified by the department of education under a program administered by the secretary of education',
'under title iv of the higher education act of 1965 shall not be subject to administrative offset under this subsection.',
'2 neither the disbursing official nor the payment certifying agency shall be liable a for the amount of the administrative',
'offset on the basis that the underlying obligation, represented by the payment before the administrative offset was taken, was not',
'satisfied; or b for failure to provide timely notice under paragraph 8 . 3 a i notwithstanding any other provision',
'of law including sections 207 and 1631 d 1 of the social security act 42 u.s.c. 407 and 1383 d',
'1 , section 413 b of public law 91 173 30 u.s.c. 923 b , and section 14 of the',
'act of august 29, 1935 45 u.s.c. 231m , except as provided in clause ii , all payments due to',
'an individual under i the social security act, ii part b of the black lung benefits act, or iii any',
'law administered by the railroad retirement board other than payments that such board determines to be tier 2 benefits ,',
'shall be subject to offset under this section. ii an amount of $9,000 which a debtor may receive under federal',
'benefit programs cited under clause i within a 12 month period shall be exempt from offset under this subsection. in',
'applying the $9,000 exemption, the disbursing official shall i reduce the $9,000 exemption amount for the 12 month period by',
'the amount of all federal benefit payments made during such 12 month period which are not subject to offset under',
'this subsection; and ii apply a prorated amount of the exemption to each periodic benefit payment to be made to',
'the debtor during the applicable 12 month period. for purposes of the preceding sentence, the amount of a periodic benefit',
'payment shall be the amount after any reduction or deduction required under the laws authorizing the program under which such',
'payment is authorized to be made including any reduction or deduction to recover any overpayment under such program . b',
'the secretary of the treasury shall exempt from administrative offset under this subsection payments under means tested programs when requested',
'by the head of the respective agency. the secretary may exempt other payments from administrative offset under this subsection upon',
'the written request of the head of a payment certifying agency. a written request for exemption of other payments must',
'provide justification for the exemption under standards prescribed by the secretary. such standards shall give due consideration to whether administrative',
'offset would tend to interfere substantially with or defeat the purposes of the payment certifying agencys program. the secretary shall',
'report to the congress annually on exemptions granted under this section. c the provisions of sections 205 b 1 and',
'1631 c 1 of the social security act shall not apply to any administrative offset executed pursuant to this section',
'against benefits authorized by either title ii or title xvi of the social security act, respectively. 4 the secretary of',
'the treasury may charge a fee sufficient to cover the full cost of implementing this subsection. the fee may be',
'collected either by the retention of a portion of amounts collected pursuant to this subsection, or by billing the agency',
'referring or transferring a claim for those amounts. fees charged to the agencies shall be based on actual administrative offsets',
'completed. amounts received by the united states as fees under this subsection shall be deposited into the account of the',
'department of the treasury under section 3711 g 7 of this title, and shall be collected and accounted for in',
'accordance with the provisions of that section. 5 the secretary of the treasury in consultation with the commissioner of social',
'security and the director of the office of management and budget, may prescribe such rules, regulations, and procedures as the',
'secretary of the treasury considers necessary to carry out this subsection. the secretary shall consult with the heads of affected',
'agencies in the development of such rules, regulations, and procedures. 6 any federal agency that is owed by a person',
'a past due, legally enforceable nontax debt that is over 180 days delinquent, including nontax debt administered by a third',
'party acting as an agent for the federal government, shall notify the secretary of the treasury of all such nontax',
'debts for purposes of administrative offset under this subsection. 7 a the disbursing official conducting an administrative offset with respect',
'to a payment to a payee shall notify the payee in writing of i the occurrence of the administrative offset',
'to satisfy a past due legally enforceable debt, including a description of the type and amount of the payment otherwise',
'payable to the payee against which the offset was executed; ii the identity of the creditor agency requesting the offset;',
'and iii a contact point within the creditor agency that will handle concerns regarding the offset. b if the payment',
'to be offset is a periodic benefit payment, the disbursing official shall take reasonable steps, as determined by the secretary',
'of the treasury, to provide the notice to the payee not later than the date on which the payee is',
'otherwise scheduled to receive the payment, or as soon as practical thereafter, but no later than the date of the',
'administrative offset. notwithstanding the preceding sentence, the failure of the debtor to receive such notice shall not impair the legality',
'of such administrative offset. 8 a levy pursuant to the internal revenue code of 1986 shall take precedence over requests',
'for administrative offset pursuant to other laws. d nothing in this section is intended to prohibit the use of any',
'other administrative offset authority existing under statute or common law.. 3 nontax debt or claim defined. section 3701 of title',
'31, united states code, is amended in subsection a by adding at the end the following new paragraph: 8 nontax',
'means, with respect to any debt or claim, any debt or claim other than a debt or claim under the',
'internal revenue code of 1986.. 4 treasury check withholding. section 3712 of title 31, united states code, is amended by',
'adding at the end the following new subsection: e treasury check offset. 1 in general. to facilitate collection of amounts',
'owed by presenting banks pursuant to subsection a or b , upon the direction of the secretary, a federal reserve',
'bank shall withhold credit from banks presenting treasury checks for ultimate charge to the account of the united states treasury.',
'by presenting treasury checks for payment a presenting bank is deemed to authorize this offset. 2 attempt to collect required.',
'prior to directing offset under subsection a 1 , the secretary shall first attempt to collect amounts owed in the',
'manner provided by sections 3711 and 3716.. e section 3716 of title 31, united states code, as amended by subsection',
'd 2 of this section, is further amended by adding at the end the following new subsections: f the secretary',
'may waive the requirements of sections 552a o and p of title 5 for administrative offset or claims collection upon',
'written certification by the head of a state or an executive, judicial, or legislative agency seeking to collect the claim',
'that the requirements of subsection a of this section have been met. g the data integrity board of the department',
'of the treasury established under 552a u of title 5 shall review and include in reports under paragraph 3 d',
'of that section a description of any matching activities conducted under this section. if the secretary has granted a waiver',
'under subsection f of this section, no other data integrity board is required to take any action under section 552a',
'u of title 5.. f section 3716 of title 31, united states code, as amended by subsections d and e',
'of this section, is further amended by adding at the end the following new subsection: h 1 the secretary may,',
'in the discretion of the secretary, apply subsection a with respect to any past due, legally enforceable debt owed to',
'a state if a the appropriate state disbursing official requests that an offset be performed; and b a reciprocal agreement',
'with the state is in effect which contains, at a minimum i requirements substantially equivalent to subsection b of this',
'section; and ii any other requirements which the secretary considers appropriate to facilitate the offset and prevent duplicative efforts. 2',
'this subsection does not apply to a the collection of a debt or claim on which the administrative costs associated',
'with the collection of the debt or claim exceed the amount of the debt or claim; b any collection of',
'any other type, class, or amount of claim, as the secretary considers necessary to protect the interest of the united',
'states; or c the disbursement of any class or type of payment exempted by the secretary of the treasury at',
'the request of a federal agency. 3 in applying this section with respect to any debt owed to a state,',
'subsection c 3 a shall not apply.. g 1 title 31. title 31, united states code, is amended a in',
'section 3322 a , by inserting section 3716 and section 3720a of this title and after except as provided in;',
'b in section 3325 a 3 , by inserting or pursuant to payment intercepts or offsets pursuant to section 3716',
'or 3720a of this title, after voucher; and c in each of sections 3711 e 2 and 3717 h by',
'inserting , the secretary of the treasury, after attorney general. 2 internal revenue code of 1986. subparagraph a of section',
'6103 l 10 of the internal revenue code of 1986 26 u.s.c. 6103 l 10 is amended by inserting and',
'to officers and employees of the department of the treasury in connection with such reduction after 6402. h section 5514',
'of title 5, united states code, is amended a in subsection a i by adding at the end of paragraph',
'1 the following: all federal agencies to which debts are owed and which have outstanding delinquent debts shall participate in',
'a computer match at least annually of their delinquent debt records with records of federal employees to identify those employees',
'who are delinquent in repayment of those debts. the preceding sentence shall not apply to any debt under the internal',
'revenue code of 1986. matched federal employee records shall include, but shall not be limited to, records of active civil',
'service employees government wide, military active duty personnel, military reservists, united states postal service employees, employees of other government corporations,',
'and seasonal and temporary employees. the secretary of the treasury shall establish and maintain an interagency consortium to implement centralized',
'salary offset computer matching, and promulgate regulations for this program. agencies that perform centralized salary offset computer matching services under',
'this subsection are authorized to charge a fee sufficient to cover the full cost for such services. ; ii by',
'redesignating paragraphs 3 and 4 as paragraphs 4 and 5 , respectively; iii by inserting after paragraph 2 the following',
'new paragraph: 3 paragraph 2 shall not apply to routine intra agency adjustments of pay that are attributable to clerical',
'or administrative errors or delays in processing pay documents that have occurred within the four pay periods preceding the adjustment',
'and to any adjustment that amounts to $50 or less, if at the time of such adjustment, or as soon',
'thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a',
'point of contact for contesting such adjustment. ; and iv by amending paragraph 5 b as redesignated by clause ii',
'of this subparagraph to read as follows: b agency includes executive departments and agencies, the united states postal service, the',
'postal rate commission, the united states senate, the united states house of representatives, and any court, court administrative office, or',
'instrumentality in the judicial or legislative branches of the government, and government corporations. ; b by adding after subsection c',
'the following new subsection: d a levy pursuant to the internal revenue code of 1986 shall take precedence over other',
'deductions under this section.. i 1 in general. section 7701 of title 31, united states code, is amended by adding',
'at the end the following new subsections: c 1 the head of each federal agency shall require each person doing',
'business with that agency to furnish to that agency such persons taxpayer identifying number. 2 for purposes of this subsection,',
'a person shall be considered to be doing business with a federal agency if the person is a a lender',
'or servicer in a federal guaranteed or insured loan program administered by the agency; b an applicant for, or recipient',
'of, a federal license, permit, right of way, grant, or benefit payment administered by the agency or insurance administered by',
'the agency; c a contractor of the agency; d assessed a fine, fee, royalty or penalty by the agency; and',
'e in a relationship with the agency that may give rise to a receivable due to that agency, such as',
'a partner of a borrower in or a guarantor of a federal direct or insured loan administered by the agency.',
'3 each agency shall disclose to a person required to furnish a taxpayer identifying number under this subsection its intent',
'to use such number for purposes of collecting and reporting on any delinquent amounts arising out of such persons relationship',
'with the government. 4 for purposes of this subsection, a person shall not be treated as doing business with a',
'federal agency solely by reason of being a debtor under third party claims of the united states. the preceding sentence',
'shall not apply to a debtor owing claims resulting from petroleum pricing violations or owing claims resulting from federal loan',
'or loan guarantee/ insurance programs. d notwithstanding section 552a b of title 5, united states code, creditor agencies to which',
'a delinquent claim is owed, and their agents, may match their debtor records with department of health and human services,',
'and department of labor records to obtain names including names of employees , name controls, names of employers, taxpayer identifying',
'numbers, addresses including addresses of employers , and dates of birth. the preceding sentence shall apply to the disclosure of',
'taxpayer identifying numbers only if such disclosure is not otherwise prohibited by section 6103 of the internal revenue code of',
'1986. the department of health and human services, and the department of labor shall release that information to creditor agencies',
'and may charge reasonable fees sufficient to pay the costs associated with that release.. 2 included federal loan program defined.',
'subparagraph c of section 6103 l 3 of the internal revenue code of 1986 relating to disclosure that applicant for',
'federal loan has tax delinquent account is amended to read as follows: c included federal loan program defined. for purposes',
'of this paragraph, the term included federal loan program means any program under which the united states or a federal',
'agency makes, guarantees, or insures loans.. 3 clerical amendments. a the chapter title to chapter 77 of subtitle vi of',
'title 31, united states code, is amended to read as follows: chapter 77 access to information for debt collection. b',
'the table of chapters for subtitle vi of title 31, united states code, is amended by inserting before the item',
'relating to chapter 91 the following new item: 77. access to information for debt collection 7701. j 1 in general.',
'title 31, united states code, is amended by inserting after section 3720a the following new section: sec. 3720b. barring delinquent',
'federal debtors from obtaining federal loans or loan insurance guarantees a unless this subsection is waived by the head of',
'a federal agency, a person may not obtain any federal financial assistance in the form of a loan other than',
'a disaster loan or loan insurance or guarantee administered by the agency if the person has an outstanding debt other',
'than a debt under the internal revenue code of 1986 with any federal agency which is in a delinquent status,',
'as determined under standards prescribed by the secretary of the treasury. such a person may obtain additional loans or loan',
'guarantees only after such delinquency is resolved in accordance with those standards. the secretary of the treasury may exempt, at',
'the request of an agency, any class of claims. b the head of a federal agency may delegate the waiver',
'authority under subsection a to the chief financial officer of the agency. the waiver authority may be redelegated only to',
'the deputy chief financial officer of the agency. 2 clerical amendment. the table of sections for subchapter ii of chapter',
'37 of title 31, united states code, is amended by inserting after the item relating to section 3720a the following',
'new item: 3720b. barring delinquent federal debtors from obtaining federal loans or loan insurance guarantees.. k section 3711 f of',
'title 31, united states code, is amended 1 by striking may the first place it appears and inserting shall; 2',
'by striking an individual each place it appears and inserting a person; 3 by striking the individual each place it',
'appears and inserting the person; and 4 by adding at the end the following new paragraphs: 4 the head of',
'each executive agency shall require, as a condition for insuring or guaranteeing any loan, financing, or other extension of credit',
'under any law to a person, that the lender provide information relating to the extension of credit to consumer reporting',
'agencies or commercial reporting agencies, as appropriate. 5 the head of each executive agency may provide to a consumer reporting',
'agency or commercial reporting agency information from a system of records that a person is responsible for a claim which',
'is current, if notice required by section 552a e 4 of title 5 indicates that information in the system may',
'be disclosed to a consumer reporting agency or commercial reporting agency, respectively.. l section 3718 of title 31, united states',
'code, is amended 1 in subsection a , by striking the first sentence and inserting the following: under conditions the',
'head of an executive, judicial, or legislative agency considers appropriate, the head of the agency may enter into a contract',
'with a person for collection service to recover indebtedness owed, or to locate or recover assets of, the united states',
'government. the head of an agency may not enter into a contract under the preceding sentence to locate or recover',
'assets of the united states held by a state government or financial institution unless that agency has established procedures approved',
'by the secretary of the treasury to identify and recover such assets. ; and 2 in subsection d , by',
'inserting , or to locate or recover assets of, after owed. m 1 in general. section 3711 of title 31,',
'united states code, is amended by adding at the end the following new subsections: g 1 if a nontax debt',
'or claim owed to the united states has been delinquent for a period of 180 days a the head of',
'the executive, judicial, or legislative agency that administers the program that gave rise to the debt or claim shall transfer',
'the debt or claim to the secretary of the treasury; and b upon such transfer the secretary of the treasury',
'shall take appropriate action to collect or terminate collection actions on the debt or claim. 2 paragraph 1 shall not',
'apply a to any debt or claim that i is in litigation or foreclosure; ii will be disposed of under',
'an asset sales program within 1 year after becoming eligible for sale, or later than 1 year if consistent with',
'an asset sales program and a schedule established by the agency and approved by the director of the office of',
'management and budget; iii has been referred to a private collection contractor for collection for a period of time determined',
'by the secretary of the treasury; iv has been referred by, or with the consent of, the secretary of the',
'treasury to a debt collection center for a period of time determined by the secretary of the treasury; or v',
'will be collected under internal offset, if such offset is sufficient to collect the claim within 3 years after the',
'date the debt or claim is first delinquent; and b to any other specific class of debt or claim, as',
'determined by the secretary of the treasury at the request of the head of an executive, judicial, or legislative agency',
'or otherwise. 3 for purposes of this section, the secretary of the treasury may designate, and withdraw such designation of',
'debt collection centers operated by other federal agencies. the secretary of the treasury shall designate such centers on the basis',
'of their performance in collecting delinquent claims owed to the government. 4 at the discretion of the secretary of the',
'treasury, referral of a nontax claim may be made to a any executive department or agency operating a debt collection',
'center for servicing, collection, compromise, or suspension or termination of collection action; b a private collection contractor operating under a',
'contract for servicing or collection action; or c the department of justice for litigation. 5 nontax claims referred or transferred',
'under this section shall be serviced, collected, or compromised, or collection action thereon suspended or terminated, in accordance with otherwise',
'applicable statutory requirements and authorities. executive departments and agencies operating debt collection centers may enter into agreements with the secretary',
'of the treasury to carry out the purposes of this subsection. the secretary of the treasury shall a maintain competition',
'in carrying out this subsection; b maximize collections of delinquent debts by placing delinquent debts quickly; c maintain a schedule',
'of private collection contractors and debt collection centers eligible for referral of claims; and d refer delinquent debts to the',
'person most appropriate to collect the type or amount of claim involved. 6 any agency operating a debt collection center',
'to which nontax claims are referred or transferred under this subsection may charge a fee sufficient to cover the full',
'cost of implementing this subsection. the agency transferring or referring the nontax claim shall be charged the fee, and the',
'agency charging the fee shall collect such fee by retaining the amount of the fee from amounts collected pursuant to',
'this subsection. agencies may agree to pay through a different method, or to fund an activity from another account or',
'from revenue received from the procedure described under section 3720c of this title. amounts charged under this subsection concerning delinquent',
'claims may be considered as costs pursuant to section 3717 e of this title. 7 notwithstanding any other law concerning',
'the depositing and collection of federal payments, including section 3302 b of this title, agencies collecting fees may retain the',
'fees from amounts collected. any fee charged pursuant to this subsection shall be deposited into an account to be determined',
'by the executive department or agency operating the debt collection center charging the fee in this subsection referred to in',
'this section as the account . amounts deposited in the account shall be available until expended to cover costs associated',
'with the implementation and operation of governmentwide debt collection activities. costs properly chargeable to the account include a the costs',
'of computer hardware and software, word processing and telecommunications equipment, and other equipment, supplies, and furniture; b personnel training and',
'travel costs; c other personnel and administrative costs; d the costs of any contract for identification, billing, or collection services;',
'and e reasonable costs incurred by the secretary of the treasury, including services and utilities provided by the secretary, and',
'administration of the account. 8 not later than january 1 of each year, there shall be deposited into the treasury',
'as miscellaneous receipts an amount equal to the amount of unobligated balances remaining in the account at the close of',
'business on september 30 of the preceding year, minus any part of such balance that the executive department or agency',
'operating the debt collection center determines is necessary to cover or defray the costs under this subsection for the fiscal',
'year in which the deposit is made. 9 before discharging any delinquent debt owed to any executive, judicial, or legislative',
'agency, the head of such agency shall take all appropriate steps to collect such debt, including as applicable a administrative',
'offset, b tax refund offset, c federal salary offset, d referral to private collection contractors, e referral to agencies operating',
'a debt collection center, f reporting delinquencies to credit reporting bureaus, g garnishing the wages of delinquent debtors, and h',
'litigation or foreclosure. 10 to carry out the purposes of this subsection, the secretary of the treasury may prescribe such',
'rules, regulations, and procedures as the secretary considers necessary and transfer such funds from funds appropriated to the department of',
'the treasury as may be necessary to meet existing liabilities and obligations incurred prior to the receipt of revenues that',
'result from debt collections. h 1 the head of an executive, judicial, or legislative agency acting under subsection a 1',
', 2 , or 3 of this section to collect a claim, compromise a claim, or terminate collection action on',
'a claim may obtain a consumer report as that term is defined in section 603 of the fair credit reporting',
'act 15 u.s.c. 1681a or comparable credit information on any person who is liable for the claim. 2 the obtaining',
'of a consumer report under this subsection is deemed to be a circumstance or purpose authorized or listed under section',
'604 of the fair credit reporting act 15 u.s.c. 1681b .. 2 returns relating to cancellation of indebtedness by certain',
'entities. a in general. subsection a of section 6050p of the internal revenue code of 1986 relating to returns relating',
'to the cancellation of indebtedness by certain financial entities is amended by striking applicable financial entity and inserting applicable entity.',
'b entities to which requirement applies. subsection c of section 6050p of such code is amended i by redesignating paragraphs',
'1 and 2 as paragraphs 2 and 3 , respectively, and inserting before paragraph 2 as so redesignated the following',
'new paragraph: 1 applicable entity. the term applicable entity means a an executive, judicial, or legislative agency as defined in',
'section 3701 a 4 of title 31, united states code , and b an applicable financial entity., and ii in',
'paragraph 3 , as so redesignated, by striking 1 b and inserting 1 a or 2 b . c alternative',
'procedure. section 6050p of such code is amended by adding at the end the following new subsection: e alternative procedure.',
'in lieu of making a return required under subsection a , an agency described in subsection c 1 a may',
'submit to the secretary at such time and in such form as the secretary may by regulations prescribe information sufficient',
'for the secretary to complete such a return on behalf of such agency. upon receipt of such information, the secretary',
'shall complete such return and provide a copy of such return to such agency. d conforming amendments. i subsection d',
'of section 6050p of such code is amended by striking applicable financial entity and inserting applicable entity. ii the heading',
'of section 6050p of such code is amended to read as follows: sec. 6050p. returns relating to the cancellation of',
'indebtedness by certain entities. iii the table of sections for subpart b of part iii of subchapter a of chapter',
'61 of such code is amended by striking the item relating to section 6050p and inserting the following new item:',
'sec. 6050p. returns relating to the cancellation of indebtedness by certain entities. n effective october 1, 1995, section 11 of',
'the administrative dispute resolution act public law 101 552, 5 u.s.c. 571 note shall not apply to the amendment made',
'by section 8 b of such act. o 1 in general. chapter 37 of title 31, united states code, is',
'amended in subchapter ii by adding after section 3720c, as added by subsection t of this section, the following new',
'section: sec. 3720d. garnishment a notwithstanding any provision of state law, the head of an executive, judicial, or legislative agency',
'that administers a program that gives rise to a delinquent nontax debt owed to the united states by an individual',
'may in accordance with this section garnish the disposable pay of the individual to collect the amount owed, if the',
'individual is not currently making required repayment in accordance with any agreement between the agency head and the individual. b',
'in carrying out any garnishment of disposable pay of an individual under subsection a , the head of an executive,',
'judicial, or legislative agency shall comply with the following requirements: 1 the amount deducted under this section for any pay',
'period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted with the written',
'consent of the individual. 2 the individual shall be provided written notice, sent by mail to the individuals last known',
'address, a minimum of 30 days prior to the initiation of proceedings, from the head of the executive, judicial, or',
'legislative agency, informing the individual of a the nature and amount of the debt to be collected; b the intention',
'of the agency to initiate proceedings to collect the debt through deductions from pay; and c an explanation of the',
'rights of the individual under this section. 3 the individual shall be provided an opportunity to inspect and copy records',
'relating to the debt. 4 the individual shall be provided an opportunity to enter into a written agreement with the',
'executive, judicial, or legislative agency, under terms agreeable to the head of the agency, to establish a schedule for repayment',
'of the debt. 5 the individual shall be provided an opportunity for a hearing in accordance with subsection c on',
'the determination of the head of the executive, judicial, or legislative agency concerning a the existence or the amount of',
'the debt, and b in the case of an individual whose repayment schedule is established other than by a written',
'agreement pursuant to paragraph 4 , the terms of the repayment schedule. 6 if the individual has been reemployed within',
'12 months after having been involuntarily separated from employment, no amount may be deducted from the disposable pay of the',
'individual until the individual has been reemployed continuously for at least 12 months. c 1 a hearing under subsection b',
'5 shall be provided prior to issuance of a garnishment order if the individual, on or before the 15th day',
'following the mailing of the notice described in subsection b 2 , and in accordance with such procedures as the',
'head of the executive, judicial, or legislative agency may prescribe, files a petition requesting such a hearing. 2 if the',
'individual does not file a petition requesting a hearing prior to such date, the head of the agency shall provide',
'the individual a hearing under subsection a 5 upon request, but such hearing need not be provided prior to issuance',
'of a garnishment order. 3 the hearing official shall issue a final decision at the earliest practicable date, but not',
'later than 60 days after the filing of the petition requesting the hearing. d the notice to the employer of',
'the withholding order shall contain only such information as may be necessary for the employer to comply with the withholding',
'order. e 1 an employer may not discharge from employment, refuse to employ, or take disciplinary action against an individual',
'subject to wage withholding in accordance with this section by reason of the fact that the individuals wages have been',
'subject to garnishment under this section, and such individual may sue in a state or federal court of competent jurisdiction',
'any employer who takes such action. 2 the court shall award attorneys fees to a prevailing employee and, in its',
'discretion, may order reinstatement of the individual, award punitive damages and back pay to the employee, or order such other',
'remedy as may be reasonably necessary. f 1 the employer of an individual a shall pay to the head of',
'an executive, judicial, or legislative agency as directed in a withholding order issued in an action under this section with',
'respect to the individual, and b shall be liable for any amount that the employer fails to withhold from wages',
'due an employee following receipt by such employer of notice of the withholding order, plus attorneys fees, costs, and, in',
'the courts discretion, punitive damages. 2 a the head of an executive, judicial, or legislative agency may sue an employer',
'in a state or federal court of competent jurisdiction to recover amounts for which the employer is liable under paragraph',
'1 b . b a suit under this paragraph may not be filed before the termination of the collection action,',
'unless earlier filing is necessary to avoid expiration of any applicable statute of limitations period. 3 notwithstanding paragraphs 1 and',
'2 , an employer shall not be required to vary its normal pay and disbursement cycles in order to comply',
'with this subsection. g for the purpose of this section, the term disposable pay means that part of the compensation',
'of any individual from an employer remaining after the deduction of any amounts required by any other law to be',
'withheld. h the secretary of the treasury shall issue regulations to implement this section.. 2 clerical amendment. the table of',
'sections for subchapter ii of chapter 37 of title 31, united states code, is amended by inserting after the item',
'relating to section 3720c as added by subsection t of this section the following new item: 3720d. garnishment.. p section',
'3711 of title 31, united states code, as amended by subsection m of this section, is further amended by adding',
'at the end the following new subsection: i 1 the head of an executive, judicial, or legislative agency may sell,',
'subject to section 504 b of the federal credit reform act of 1990 and using competitive procedures, any nontax debt',
'owed to the united states that is delinquent for more than 90 days. appropriate fees charged by a contractor to',
'assist in the conduct of a sale under this subsection may be payable from the proceeds of the sale. 2',
'after terminating collection action, the head of an executive, judicial, or legislative agency shall sell, using competitive procedures, any nontax',
'debt or class of nontax debts owed to the united states, if the secretary of the treasury determines the sale',
'is in the best interests of the united states. 3 sales of nontax debt under this subsection a shall be',
'for i cash, or ii cash and a residuary equity or profit participation, if the head of the agency reasonably',
'determines that the proceeds will be greater than sale solely for cash, b shall be without recourse, but may include',
'the use of guarantees if otherwise authorized, and c shall transfer to the purchaser all rights of the government to',
'demand payment of the nontax debt, other than with respect to a residuary equity or profit participation under subparagraph a',
'ii . 4 a within one year after the date of enactment of the debt collection improvement act of 1996,',
'each executive agency with current and delinquent collateralized nontax debts shall report to the congress on the valuation of its',
'existing portfolio of loans, notes and guarantees, and other collateralized debts based on standards developed by the director of the',
'office of management and budget, in consultation with the secretary of the treasury. b the director of the office of',
'management and budget shall determine what information is required to be reported to comply with subparagraph a . at a',
'minimum, for each financing account and for each liquidating account as those terms are defined in sections 502 7 and',
'502 8 , respectively, of the federal credit reform act of 1990 the following information shall be reported: i the',
'cumulative balance of current debts outstanding, the estimated net present value of such debts, the annual administrative expenses of those',
'debts including the portion of salaries and expenses that are directly related thereto , and the estimated net proceeds that',
'would be received by the government if such debts were sold. ii the cumulative balance of delinquent debts, debts outstanding,',
'the estimated net present value of such debts, the annual administrative expenses of those debts including the portion of salaries',
'and expenses that are directly related thereto , and the estimated net proceeds that would be received by the government',
'if such debts were sold. iii the cumulative balance of guaranteed loans outstanding, the estimated net present value of such',
'guarantees, the annual administrative expenses of such guarantees including the portion of salaries and expenses that are directly related to',
'such guaranteed loans , and the estimated net proceeds that would be received by the government if such loan guarantees',
'were sold. iv the cumulative balance of defaulted loans that were previously guaranteed and have resulted in loans receivables, the',
'estimated net present value of such loan assets, the annual administrative expenses of such loan assets including the portion of',
'salaries and expenses that are directly related to such loan assets , and the estimated net proceeds that would be',
'received by the government if such loan assets were sold. v the marketability of all debts. 5 this subsection is',
'not intended to limit existing statutory authority of agencies to sell loans, debts, or other assets.. q section 3717 of',
'title 31, united states code, is amended by adding at the end of subsection h the following new subsection: i',
'1 the head of an executive, judicial, or legislative agency may increase an administrative claim by the cost of living',
'adjustment in lieu of charging interest and penalties under this section. adjustments under this subsection will be computed annually. 2',
'for the purpose of this subsection a the term cost of living adjustment means the percentage by which the consumer',
'price index for the month of june of the calendar year preceding the adjustment exceeds the consumer price index for',
'the month of june of the calendar year in which the claim was determined or last adjusted; and b the',
'term administrative claim includes all debt that is not based on an extension of government credit through direct loans, loan',
'guarantees, or insurance, including fines, penalties, and overpayments.. r 1 in general. chapter 37 of title 31, united states code,',
'is amended in subchapter ii by adding after section 3720d, as added by subsection o of this section, the following',
'new section: sec. 3720e. dissemination of information regarding identity of delinquent debtors a the head of any agency may, with',
'the review of the secretary of the treasury, for the purpose of collecting any delinquent nontax debt owed by any',
'person, publish or otherwise publicly disseminate information regarding the identity of the person and the existence of the nontax debt.',
'b 1 the secretary of the treasury, in consultation with the director of the office of management and budget and',
'the heads of other appropriate federal agencies, shall issue regulations establishing procedures and requirements the secretary considers appropriate to carry',
'out this section. 2 regulations under this subsection shall include a standards for disseminating information that maximize collections of delinquent',
'nontax debts, by directing actions under this section toward delinquent debtors that have assets or income sufficient to pay their',
'delinquent nontax debt; b procedures and requirements that prevent dissemination of information under this section regarding persons who have not',
'had an opportunity to verify, contest, and compromise their nontax debt in accordance with this subchapter; and c procedures to',
'ensure that persons are not incorrectly identified pursuant to this section.. 2 clerical amendment. the table of sections for subchapter',
'ii of chapter 37 of title 31, united states code, is amended by adding after the item relating to section',
'3720d as added by subsection o of this section the following new item: 3720e. dissemination of information regarding identity of',
'delinquent debtors.. s 1 in general. the federal civil penalties inflation adjustment act of 1990 public law 101 410, 104',
'stat. 890; 28 u.s.c. 2461 note is amended a by amending section 4 to read as follows: sec. 4. the',
'head of each agency shall, not later than 180 days after the date of enactment of the debt collection improvement',
'act of 1996, and at least once every 4 years thereafter 1 by regulation adjust each civil monetary penalty provided',
'by law within the jurisdiction of the federal agency, except for any penalty including any addition to tax and additional',
'amount under the internal revenue code of 1986, the tariff act of 1930, the occupational safety and health act of',
'1970, or the social security act, by the inflation adjustment described under section 5 of this act; and 2 publish',
'each such regulation in the federal register. ; b in section 5 a , by striking the adjustment described under',
'paragraphs 4 and 5 a of section 4 and inserting the inflation adjustment under section 4; and c by adding',
'at the end the following new section: sec. 7. any increase under this act in a civil monetary penalty shall',
'apply only to violations which occur after the date the increase takes effect.. 2 limitation on initial adjustment. the first',
'adjustment of a civil monetary penalty made pursuant to the amendment made by paragraph 1 may not exceed 10 percent',
'of such penalty. t 1 in general. title 31, united states code, is amended by inserting after section 3720b as',
'added by subsection j of this section the following new section: sec. 3720c. debt collection improvement account a 1 there',
'is hereby established in the treasury a special fund to be known as the debt collection improvement account hereinafter in',
'this section referred to as the account . 2 the account shall be maintained and managed by the secretary of',
'the treasury, who shall ensure that agency programs are credited with amounts transferred under subsection b 1 . b 1',
'not later than 30 days after the end of a fiscal year, an agency may transfer to the account the',
'amount described in paragraph 3 , as adjusted under paragraph 4 . 2 agency transfers to the account may include',
'collections from a salary, administrative, and tax refund offsets; b the department of justice; c private collection agencies; d sales',
'of delinquent loans; and e contracts to locate or recover assets. 3 the amount referred to in paragraph 1 shall',
'be 5 percent of the amount of delinquent debt collected by an agency in a fiscal year, minus the greater',
'of a 5 percent of the amount of delinquent nontax debt collected by the agency in the previous fiscal year,',
'or b 5 percent of the average annual amount of delinquent nontax debt collected by the agency in the previous',
'4 fiscal years. 4 in consultation with the secretary of the treasury, the office of management and budget may adjust',
'the amount described in paragraph 3 for an agency to reflect the level of effort in credit management programs by',
'the agency. as an indicator of the level of effort in credit management, the office of management and budget shall',
'consider the following: a the number of days between the date a claim or debt became delinquent and the date',
'which an agency referred the debt or claim to the secretary of the treasury or obtained an exemption from this',
'referral under section 3711 g 2 of this title. b the ratio of delinquent debts or claims to total receivables',
'for a given program, and the change in this ratio over a period of time. c 1 the secretary of',
'the treasury may make payments from the account solely to reimburse agencies for qualified expenses. for agencies with franchise funds,',
'such payments may be credited to subaccounts designated for debt collection. 2 for purposes of this section, the term qualified',
'expenses means expenditures for the improvement of credit management, debt collection, and debt recovery activities, including a account servicing including',
'cross servicing under section 3711 g of this title , b automatic data processing equipment acquisitions, c delinquent debt collection,',
'd measures to minimize delinquent debt, e sales of delinquent debt, f asset disposition, and g training of personnel involved',
'in credit and debt management. 3 a amounts transferred to the account shall be available to the secretary of the',
'treasury for purposes of this section to the extent and in amounts provided in advance in appropriations acts. b as',
'soon as practicable after the end of the third fiscal year after which amounts transferred are first available pursuant to',
'this section, and every 3 years thereafter, any uncommitted balance in the account shall be transferred to the general fund',
'of the treasury as miscellaneous receipts. d for direct loans and loan guarantee programs subject to title v of the',
'congressional budget act of 1974, amounts credited in accordance with subsection c shall be considered administrative costs. e the secretary',
'of the treasury shall prescribe such rules, regulations, and procedures as the secretary considers necessary or appropriate to carry out',
'the purposes of this section.. 2 clerical amendment. the table of sections for chapter 37 of title 31, united states',
'code, is amended by inserting after the item relating to section 3720b as added by subsection j of this section',
'the following new item: 3720c. debt collection improvement account.. u 1 discretionary authority. section 3720a of title 31, united states',
'code, is amended by adding after subsection h the following new subsection: i an agency subject to section 9 of',
'the act of may 18, 1933 16 u.s.c. 831h , may implement this section at its discretion.. 2 federal agency',
'defined. section 6402 f of the internal revenue code of 1986 26 u.s.c. 6402 f is amended to read as',
'follows: f federal agency. for purposes of this section, the term federal agency means a department, agency, or instrumentality of',
'the united states, and includes a government corporation as such term is defined in section 103 of title 5, united',
'states code .. v 1 notification of secretary of the treasury. section 3720a a of title 31, united states code,',
'is amended to read as follows: a any federal agency that is owed by a person a past due, legally',
'enforceable debt including debt administered by a third party acting as an agent for the federal government shall, and any',
'agency subject to section 9 of the act of may 18, 1933 16 u.s.c. 831h , owed such a debt',
'may, in accordance with regulations issued pursuant to subsections b and d , notify the secretary of the treasury at',
'least once each year of the amount of such debt.. 2 implementation of support collection by secretary of the treasury.',
'section 464 a of the social security act 42 u.s.c. 664 a is amended 1 in paragraph 1 , by',
'adding at the end the following: this subsection may be executed by the disbursing official of the department of the',
'treasury. ; and 2 in paragraph 2 a , by adding at the end the following: this subsection may be',
'executed by the secretary of the department of the treasury or his designee.. w section 3720a h of title 31,',
'united states code, is amended to read as follows: h 1 the disbursing official of the department of the treasury',
'1 shall notify a taxpayer in writing of a the occurrence of an offset to satisfy a past due legally',
'enforceable nontax debt; b the identity of the creditor agency requesting the offset; and c a contact point within the',
'creditor agency that will handle concerns regarding the offset; 2 shall notify the internal revenue service on a weekly basis',
'of a the occurrence of an offset to satisfy a past due legally enforceable non tax debt; b the amount',
'of such offset; and c any other information required by regulations; and 3 shall match payment records with requests for',
'offset by using a name control, taxpayer identifying number as that term is used in section 6109 of the internal',
'revenue code of 1986 , and any other necessary identifiers.. h 2 the term disbursing official of the department of',
'the treasury means the secretary or his designee. x 1 amendments relating to electronic funds transfer. section 3332 of title',
'31, united states code, popularly known as the federal financial management act of 1994, is amended a by redesignating subsection',
'e as subsection h , and inserting after subsection d the following new subsections: e 1 notwithstanding subsections a through',
'd of this section, sections 5120 a and d of title 38, and any other provision of law, all federal',
'payments to a recipient who becomes eligible for that type of payment after 90 days after the date of the',
'enactment of the debt collection improvement act of 1996 shall be made by electronic funds transfer. 2 the head of',
'a federal agency shall, with respect to federal payments made or authorized by the agency, waive the application of paragraph',
'1 to a recipient of those payments upon receipt of written certification from the recipient that the recipient does not',
'have an account with a financial institution or an authorized payment agent. f 1 notwithstanding any other provision of law',
'including subsections a through e of this section and sections 5120 a and d of title 38 , except as',
'provided in paragraph 2 all federal payments made after january 1, 1999, shall be made by electronic funds transfer. 2',
'a the secretary of the treasury may waive application of this subsection to payments i for individuals or classes of',
'individuals for whom compliance imposes a hardship; ii for classifications or types of checks; or iii in other circumstances as',
'may be necessary. b the secretary of the treasury shall make determinations under subparagraph a based on standards developed by',
'the secretary. g each recipient of federal payments required to be made by electronic funds transfer shall 1 designate 1',
'or more financial institutions or other authorized agents to which such payments shall be made; and 2 provide to the',
'federal agency that makes or authorizes the payments information necessary for the recipient to receive electronic funds transfer payments through',
'each institution or agent designated under paragraph 1 . ; and b by adding after subsection h as so redesignated',
'the following new subsections: i 1 the secretary of the treasury may prescribe regulations that the secretary considers necessary to',
'carry out this section. 2 regulations under this subsection shall ensure that individuals required under subsection g to have an',
'account at a financial institution because of the application of subsection f 1 a will have access to such an',
'account at a reasonable cost; and b are given the same consumer protections with respect to the account as other',
'account holders at the same financial institution. j for purposes of this section 1 the term electronic funds transfer means',
'any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, that is initiated through',
'an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to',
'debit or credit an account. the term includes automated clearing house transfers, fed wire transfers, transfers made at automatic teller',
'machines, and point of sale terminals. 2 the term federal agency means a an agency as defined in section 101',
'of this title ; and b a government corporation as defined in section 103 of title 5 . 3 the',
'term federal payments includes a federal wage, salary, and retirement payments; b vendor and expense reimbursement payments; and c benefit',
'payments. such term shall not include any payment under the internal revenue code of 1986. 2 amendments relating to substitute',
'checks. section 3331 of title 31, united states code, is amended a in subsection b , by striking subsection c',
'and inserting subsection c or f ; b by redesignating subsection f as subsection g ; and c by inserting',
'after subsection e the following new subsection: f the secretary may waive any provision of this section as may be',
'necessary to ensure that claimants receive timely payments.. 3 permanent funding of the check forgery insurance fund. section 3343 of',
'title 31, united states code, is amended a in subsection a , by amending the second sentence to read as',
'follows: necessary amounts are hereafter appropriated to the fund out of any moneys in the treasury not otherwise appropriated, and',
'shall remain available until expended to make the payments required or authorized under this section. ; b in subsection b',
'i by inserting in the determination of the secretary the payee or special endorse establishes that after without interest if;',
'ii in paragraph 2 , by inserting and after the semicolon; iii in paragraph 3 , by striking ; and',
'and inserting a period; and iv by striking paragraph 4 ; c in subsection d , by inserting after the',
'first sentence the following new sentence: the secretary may use amounts in the fund to reimburse payment certifying or authorizing',
'agencies for any payment that the secretary determines would otherwise have been payable from the fund, and may reimburse certifying',
'or authorizing agencies with amounts recovered because of payee nonentitlement. ; d by redesignating subsection e as subsection g ;',
'and e by inserting after subsection d the following new subsections: e the secretary may waive any provision of this',
'section as may be necessary to ensure that claimants receive timely payments. f under such conditions as the secretary may',
'prescribe, the secretary may delegate duties and powers of the secretary under this section to the head of an agency.',
'consistent with a delegation from the secretary under this subsection, the head of an agency may redelegate those duties and',
'powers to officers or employees of the agency.. y section 3325 of title 31, united states code, is amended by',
'adding at the end the following new subsection: d the head of an executive agency or an officer or employee',
'of an executive agency referred to in subsection a 1 b , as applicable, shall include with each certified voucher',
'submitted to a disbursing official pursuant to this section the taxpayer identifying number of each person to whom payment may',
'be made under the voucher.. z 1 in general. section 3701 of title 31, united states code, is amended a',
'by amending subsection a 1 to read as follows: 1 administrative offset means withholding funds payable by the united states',
'including funds payable by the united states on behalf of a state government to, or held by the united states',
'for, a person to satisfy a claim. ; b by amending subsection b to read as follows: b 1 in',
'subchapter ii of this chapter and subsection a 8 of this section, the term claim or debt means any amount',
'of funds or property that has been determined by an appropriate official of the federal government to be owed to',
'the united states by a person, organization, or entity other than another federal agency. a claim includes, without limitation a',
'funds owed on account of loans made, insured, or guaranteed by the government, including any deficiency or any difference between',
'the price obtained by the government in the sale of a property and the amount owed to the government on',
'a mortgage on the property, b expenditures of nonappropriated funds, c over payments, including payments disallowed by audits performed by',
'the inspector general of the agency administering the program, d any amount the united states is authorized by statute to',
'collect for the benefit of any person, e the unpaid share of any non federal partner in a program involving',
'a federal payment and a matching, or cost sharing, payment by the non federal partner, f any fines or penalties',
'assessed by an agency; and g other amounts of money or property owed to the government. 2 for purposes of',
'section 3716 of this title, each of the terms claim and debt includes an amount of funds or property owed',
'by a person to a state including any past due support being enforced by the state , the district of',
'columbia, american samoa, guam, the united states virgin islands, the commonwealth of the northern mariana islands, or the commonwealth of',
'puerto rico. ; c by adding after subsection d the following new subsection: e in section 3716 of this title',
'1 creditor agency means any agency owed a claim that seeks to collect that claim through administrative offset; and 2',
'payment certifying agency means any agency that has transmitted a voucher to a disbursing official for disbursement. f in section',
'3711 of this title, private collection contractor means private debt collectors under contract with an agency to collect a nontax',
'debt or claim owed the united states. the term includes private debt collectors, collection agencies, and commercial attorneys. ; and',
'd by amending subsection d to read as follows: d sections 3711 f and 3716 3719 of this title do',
'not apply to a claim or debt under, or to an amount payable under 1 the internal revenue code of',
'1986 26 u.s.c. 1 et seq. , 2 the social security act 42 u.s.c. 301 et seq. , except to',
'the extent provided under section 204 f of such act and section 3716 c of this title, or 3 the',
'tariff laws of the united states.. 2 social security. a application of amendments made by this act. subsection f of',
'section 204 of the social security act 42 u.s.c. 404 is amended to read as follows: f 1 with respect',
'to any deliquent amount, the commissioner of social security may use the collection practices described in sections 3711 f ,',
'3716, 3717, and 3718 of title 31, united states code and in section 5514 of title 5, united states code,',
'as in effect immediately after the enactment of the debt collection improvement act of 1996. b permanent application. subsection c',
'of section 5 of the social security domestic reform act of 1994 public law 103 387 is amended by striking',
'and before and all that follows and inserting a period. aa 1 guidelines. the secretary of the treasury, in consultation',
'with concerned federal agencies, may establish guidelines, including information on outstanding debt, to assist agencies in the performance and monitoring',
'of debt collection activities. 2 report. not later than 3 years after the date of enactment of this act, the',
'secretary of the treasury shall report to the congress on collection services provided by federal agencies or entities collecting debt',
'on behalf of other federal agencies under the authorities contained in section 3711 g of title 31, united states code,',
'as added by subsection m of this section. 3 agency reports. section 3719 of title 31, united states code, is',
'amended a in subsection a i by amending the first sentence to read as follows: in consultation with the comptroller',
'general of the united states, the secretary of the treasury shall prescribe regulations requiring the head of each agency with',
'outstanding nontax claims to prepare and submit to the secretary at least once each year a report summarizing the status',
'of loans and accounts receivable that are managed by the head of the agency. ; and ii in paragraph 3',
', by striking director and inserting secretary; and b in subsection b , by striking director and inserting secretary. 4',
'consolidation of reports. notwithstanding any other provision of law, the secretary of the treasury may consolidate reports concerning debt collection',
'otherwise required to be submitted by the secretary into one annual report. bb the director of the office of management',
'and budget shall 1 review the standards and policies of each federal agency for compromising, writing down, forgiving, or discharging',
'indebtedness arising from programs of the agency; 2 determine whether those standards and policies are consistent and protect the interests',
'of the united states; 3 in the case of any federal agency standard or policy that the director determines is',
'not consistent or does not protect the interests of the united states, direct the head of the agency to make',
'appropriate modifications to the standard or policy; and 4 report annually to the congress on a deficiencies in the standards',
'and policies of federal agencies for compromising, writing down, forgiving, or discharging indebtedness; and b progress made in improving those',
'standards and policies. cc 1 elimination of minimum number of contracts. section 3718 b 1 a of title 31, united',
'states code, is amended by striking the fourth sentence. 2 repeal. sections 3 and 5 of the act of october',
'28, 1986 popularly known as the federal debt recovery act; public law 99 578, 100 stat. 3305 are hereby repealed.',
'federal administrative and personal services expenses rescissions sec. 31002. a of the funds available to the agencies of the federal',
'government, $500,000,000 are hereby rescinded: provided, that rescissions pursuant to this paragraph shall be taken only from administrative and personal',
'services and contractual services and supplies accounts: provided further, that rescissions shall be taken on a pro rata basis from',
'funds available to every federal agency, department, and office in the executive branch, including the office of the president. b',
'within 30 days of enactment of this act, the director of the office of management and budget shall submit to',
'the committees on appropriations of the house and senate a listing of the amounts by account of the reductions made',
'pursuant to the provisions of subsections a and b of this section. this act may be cited as the omnibus',
'consolidated rescissions and appropriations act of 1996. and the senate agree to the same. for consideration of the house bill',
'except for section 101 c and the senate amendment except for section 101 d , and modifications committed to conference:',
'bob livingston, john myers, bill young, ralph regula, john porter, hal rogers, joe skeen, frank r. wolf, barbara vucanovich, jim',
'lightfoot, sonny callahan, james t. walsh, david obey, louis stokes, tom bevill, john p. murtha, charles wilson, bill hefner, alan',
'mollohan, for consideration of section 101 c of the house bill, and section 101 d of the senate amendment, and',
'modifications committed to conference: john porter, bill young, ernest istook, dan miller, jay dickey, frank riggs, roger f. wicker, bob',
'livingston, david obey, louis stokes, steny hoyer, nancy pelosi, nita m. lowey, managers on the part of the house. mark',
'o. hatfield, ted stevens, thad cochran, arlen specter, pete v. domenici, christopher s. bond, slade gorton, mitch mcconnell, connie mack,',
'richard c. shelby, james m. jeffords, robert f. bennett, ben nighthorse campbell, robert c. byrd, daniel k. inouye, ernest f.',
'hollings, j. bennett johnston, patrick j. leahy, dale bumpers, frank r. lautenberg, tom harkin, barbara a. mikulski, harry reid, j.',
'robert kerrey, patty murray, managers on the part of the senate. joint explanatory statement of the committee of conference the',
'managers on the part of the house and the senate at the conference on the disagreeing vote of the two',
'houses on the amendment of the senate to the bill h.r. 3019 making appropriations for fiscal year 1996 to make',
'a further downpayment toward a balanced budget, and for other purposes, submit the following joint statement to the house and',
'the senate in explanation of the effects of the action agreed upon by the managers and recommended in the accompanying',
'report. report language included by the senate in the report accompanying s. 1594 s. rept. 104 236 which is not',
'changed by the conference are approved by the committee of conference. the statement of the managers while repeating some report',
'language for emphasis, is not intended to negate the language referred to above unless expressly provided herein. title i omnibus',
'appropriations departments of commerce, justice, and state, the judiciary, and related agencies section 101 a . the text of the',
'language included under section 101 a of this conference agreement represents the final agreement on appropriations for the departments of',
'commerce, justice, and state, the judiciary, and related agencies for fiscal year 1996, with the exception of those department of',
'justice general provisions that were enacted into law in public law 104 99. it marks the end of the process',
'that began with h.r. 2076, reported by the house committee on appropriations h. rept. 104 196 on july 19, 1995,',
'and passed by the house on july 26, 1995. the bill was then reported by the senate committee on appropriations',
's. rept. 104 139 on september 12, 1995, and passed by the senate on september 29, 1995. the conference report',
'h. rept. 104 378, star print was filed on december 1, 1995, and adopted in the house on december 6,',
'1995, and in the senate on december 7, 1995. the president vetoed the bill on december 19, 1995, and on',
'january 3, 1996, although a majority of the house voted for the conference report, the house did not override the',
'veto by the required two thirds vote. since that time, funding for many of the programs in this bill has',
'been provided on a temporary basis, although a number of critical law enforcement, judicial, consular, diplomatic security, and small business',
'programs were provided full year spending authority. while this conference agreement includes the full text of the fiscal year 1996',
'commerce, justice, and state, the judiciary, and related agencies appropriations bill, with the exception noted above, much of the language',
'is identical to the language included in the conference report on h.r. 2076. as a result, only the changes from',
'the conference report on h.r. 2076 are addressed in the statement of managers that follows. with the exceptions that follow,',
'the statement of managers in the conference report on h.r. 2076 h. rept. 104 378, star print and the applicable',
'portions of the house and senate reports on h.r. 2076, remain controlling and are incorporated by reference. department of justice',
'general administration salaries and expenses the conference agreement includes $74,282,000 for general administration, as provided in both the house and',
'senate bills. the conference agreement also includes a provision that modifies the language, proposed in the house bill and not',
'included in the senate bill, that limits the number of positions and amounts for the department leadership program. the conference',
'agreement does not limit funding under the department leadership program to the offices of the attorney general and the deputy',
'attorney general, as proposed in the house bill. the senate bill did not include this provision. counterterrorism fund the conference',
'agreement includes $16,898,000 for the counterterrorism fund, as provided in both the house and senate bills. the conferees understand that',
'balances of $24,445,000 remain available from the 1995 supplemental appropriation, public law 104 19, for authorized purposes of this fund.',
'the senate bill included a provision in title iii which designated $7,000,000 for emergency expenses to enhance federal bureau of',
'investigation fbi efforts in the united states to combat middle eastern terrorism, including efforts to prevent fundraising in the united',
'states on the behalf of organizations that support terrorism to undermine the peace process. these funds would have been available',
'only pursuant to an official budget request that declares the funds to be an emergency. the conferees support the purposes',
'set forth in the senate amendment. however, the conferees have not included the emergency appropriation for the fbi proposed by',
'the senate because the conferees were informed that the department of justice did not plan to submit an emergency request',
'for funding as required by the senate bill and the department of justice currently has sufficient funding available to enhance',
'the fbis efforts to combat the flow of dollars to support middle eastern terrorism. the conferees note that there are',
'funding balances available in the department of justice counterterrorism fund which can be applied to this effort. accordingly, the attorney',
'general is directed to submit a proposal by may 15, 1996 to the house and senate committees on appropriations to',
'reprogram no less than $4,000,000 in funds from the counterterrorism fund to enable the fbi to carry out enhanced efforts',
'in the united states to combat middle eastern terrorism, and specifically to enhance fbi efforts to prevent fundraising on behalf',
'of organizations that promote terrorism. legal activities salaries and expenses, united states marshals service the conferees are concerned about growing',
'detention needs identified by the marshals service in many areas of the country. the conferees understand that the general services',
'administration is planning a shared use detention facility adjacent to the new courthouse in portland, oregon, and expect the department',
'of justice to fully cooperate in this planning effort. salaries and expenses, community relations service the conference agreement provides $5,319,000',
'for the community relations service crs as proposed by both the house and senate. the conferees have also agreed to',
'include a provision added by the senate, which allows the transfer of additional amounts, pursuant to reprogramming requirements under section',
'605, if the attorney general determines that emergent circumstances require additional funding for conflict prevention and resolution activities. the language',
'included in the senate bill has been modified to assure that the transfer will not be subject to limitations that',
'apply to other department of justice transfers. federal bureau of investigation salaries and expenses including transfer of funds the conference',
'agreement includes $2,407,483,000 as proposed by both the house and senate. of the amount in the house and senate bills,',
'$9,500,000 was provided for the fbi to purchase dna equipment for state and local forensic laboratories. the conferees have agreed',
'to expand the allowed use of these funds, and make up to the full $9,500,000 available for a new state',
'identification grants project which would allow states to purchase computerized identification systems that are compatible and integrated with the national',
'crime information center and the integrated automated fingerprint identification systems of the fbi. funds would only be available for this',
'new purpose upon enactment of an authorization. the senate bill, in section 118, included the authorization and funding for this',
'program. the house bill did not contain a provision on this matter. the conferees have also included a technical change',
'to clarify that funds provided for the department of justice working capital fund to support the ncic 2000 project are',
'in addition to funds provided under this heading. drug enforcement administration salaries and expenses the conference agreement includes $810,168,000 for',
'the salaries and expenses of the drug enforcement administration dea as proposed by the senate, instead of $805,688,000 as proposed',
'by the house. the additional funds are to support deas enforcement activities on the southwest border and in rural communities.',
'immigration and naturalization service salaries and expenses the conference agreement includes a technical change to amounts made available through fiscal',
'year 1997, to reflect a bipartisan, bicameral agreement with the administration on ins training and hiring priorities for fiscal year',
'1996, as proposed by both the house and senate bills. the conference agreement also corrects a technical error in the',
'amounts allocated under the violent crime reduction trust fund, as proposed by both the house and senate bills. realignment of',
'border patrol positions from interior stations. the conferees are concerned with the manner in which ins is developing its plan',
'to realign border patrol positions from the interior to the front lines of the border. in an effort to balance',
'the goal of the congress to add 1,000 border patrol agents to the front lines of the border and the',
'concerns of the department of justice and ins over the ability to hire and train a growing workforce of inexperienced',
'agents, the committees provided resources for 800 new border patrol agents and the realignment of 200 border patrol agent positions',
'from interior locations to the front lines of the border. on february 1, 1996, the committees provided guidance to the',
'department of justice on how ins should implement this realignment. specifically, the committee directed that any agent redeployment to the',
'border should not create a void in the ins enforcement presence in interior locations and that the backfill plan for',
'affected interior posts should include the following considerations: 1 personnel/relocation issues of agents currently occupying interior positions; 2 the appropriate',
'mix of personnel required to maintain the current functions and activities in interior locations; and 3 the number of ins',
'personnel in interior locations should be maintained unless local law enforcement and other elected officials have had an opportunity to',
'review and comment on any proposed reduction in personnel at any of these posts. the conferees are aware that there',
'is concern in some communities about the potential effect of removing a uniformed presence of immigration officers from these locations.',
'the conferees recognize that in some interior stations, particularly those located in southwest border states, the mix of personnel should',
'not be limited to ins officers, but should be comprised of a balanced mix of both border patrol agents and',
'ins officers, with each carrying out the functions for which they are trained. the conferees therefore direct ins to adjust',
'any preliminary plans to realign all border patrol agent positions from any one interior location to address the need to',
'continue the functions and activities at current levels that require uniformed border patrol agents. furthermore, the conferees expect ins to',
'submit a redeployment plan that addresses these concerns for approval by the committees on appropriations of both the house and',
'senate by may 15, 1996. federal prison system salaries and expenses the conferees are aware of a recent report issued',
'by the national institute of corrections nic which identifies serious problems with regard to the district of columbia department of',
'corrections operation of and facilities located at the lorton correctional complex. pursuant to the relevant section of the district of',
'columbia appropriations chapter, the conferees direct that the bureau of prisons spend $200,000 of the amount provided for the nic',
'to do a study, on behalf of the district of columbia, for alternatives to correct the problems identified in the',
'recent nic report. the conferees direct that this plan be completed by december 31, 1996 and forwarded to the president,',
'congress, and the district of columbia financial responsibility and management assistance authority. office of justice programs state and local law',
'enforcement assistance violent crime reduction trust fund programs local law enforcement block grant. the conference agreement includes $503,000,000 for the',
'local law enforcement block grant program, instead of $1,903,000,000 as proposed by the house and $783,000,000 as proposed by the',
'senate. of this amount, the conference agreement provides $11,000,000 for the boys and girls clubs of america, $15,000,000 for the',
'metropolitan police department in washington, d.c. and up to $18,000,000 for drug courts subject to the reprogramming requirement in section',
'605. the senate bill included $20,000,000 for the boys and girls clubs of america, $20,000,000 for the metropolitan police department',
'in washington, d.c. and $25,000,000 for drug courts. the house bill did not include separate earmarks for these programs. as',
'proposed in both bills, the conference agreement provides that the funding will be distributed to local governments under the allocation',
'and purposes set forth in h.r. 728, as passed by the house of representatives on february 14, 1995, with some',
'modifications included in the conference report on h.r. 2076. the conferees have added language to recognize puerto rico as a',
'unit of local government for the purpose of allocation of these funds and have added language prohibiting the use of',
'grants awarded under the block grant as matching funds for any other federal grant program. the conferees have also agreed',
'that the funding provided under the block grant for boys and girls clubs of america is made available for the',
'same purposes and in the same manner as funds appropriated under previous appropriations acts for the department of justice and',
'will continue to be matched at no less than the same ratio to private sector funds for the establishment of',
'new boys and girls clubs. the conferees expect that this funding will provide at least 100 new boys and girls',
'clubs to serve up to 100,000 children throughout the united states. in addition, the conferees are aware of the negative',
'impact that the financial crisis in the nations capital has had on the metropolitan police departments ability to effectively fight',
'crime and have provided $15,000,000 specifically for this purpose, in lieu of any funds that would have been available under',
'the formula allocation of the block grant. this is of great concern to the citizens of the city, the mayor,',
'the district council, the d.c. financial responsibility authority and the congress. the amounts provided are intended to support the priorities',
'identified by the chief of police to supplement budgeted amounts for the mpd as part of a long range strategy.',
'the conferees agree that the allocation of these funds is to be made by the chief of police, after appropriate',
'consultation with the committees on appropriations and the committees on judiciary of both the house and senate. the conferees have',
'included language requiring that these funds, as other federal funds appropriated to the district, are to be held by the',
'control authority and allocated to the mpd by the authority, based on compliance with the chief of polices plan. the',
'conference agreement does not include $80,000,000 for the crime prevention block grant program authorized in subtitle b of title iii',
'of the 1994 crime bill, as proposed by the senate. the house bill did not include funding for this program.',
'community oriented policing services violent crime reduction trust fund programs the conference agreement includes $1,400,000,000 for community oriented policing services',
'cops , instead of $975,000,000 as proposed by the senate and no funding for this program as proposed by the',
'house. of the amount provided, $10,000,000 is included for the police corps program. the conferees have also included a technical',
'change referencing the authorizations for the police corps program under the 1994 crime bill, as proposed by the senate. the',
'conferees agree that the funding provided should be used for the purpose of providing grants which will yield at least',
'19,000 additional police officers on the street in order to reach the goal of 100,000 additional police officers by the',
'year 2000 which will require similar funding levels in fiscal years 1997 through 1999 with the balance to be funded',
'in the year 2000. the conferees note that with this funding, two years into the six year community policing program,',
'at least 45,000 police will have been hired. a clear path to achieving the mutual objective of putting more police',
'on the street has been established. in addition, the conferees have provided $503,000,000 for the local law enforcement block grant',
'that should provide for even more police being hired at an even faster pace. the conferees agree that the primary',
'objective of cops funding is to hire new police officers in the most cost effective manner possible. the conferees direct',
'that, from this point forward, the cops office use grant funds to the maximum extent possible to hire more police,',
'and should not use these funds for non hiring projects. funding for these purposes, such as equipment, training and overtime,',
'is available to localities through the local law enforcement block grant and need not be duplicated under this program. the',
'conferees have also included language that limits the amount spent on program management and administration to 130 positions and $14,602,000.',
'general provisions department of justice the conference agreement includes the following general provisions for the department of justice that were',
'not enacted into law under public law 104 99. the conferees have also included language under section 616 to reinforce',
'that the general provisions for the department of justice enacted under section 211 of public law 104 99 shall continue',
'to remain in effect. a department of justice legal opinion dated february 27, 1996, states that all the general provisions',
'for the department of justice included in the conference report on h.r. 2076, with the exception of section 114, were',
'enacted into law under public law 104 99 on january 26, 1996. the senate bill repeated all general provisions, except',
'for sections 116 through 119 which were permanent changes to law, and the house bill did not include any of',
'the general provisions with the exception of section 114. the conferees note that under section 106, which is currently enacted',
'in law, the department of justice was provided the authority to spend up to $10,000,000 for rewards for information regarding',
'acts of terrorism against the united states. the conferees agree that the attorney general, before making any international reward, should',
'continue to consult and coordinate with the secretary of state. sec. 114. the conferees have agreed to include section 114',
'and have revised the language proposed in the house and senate bills which authorizes a new violent offender incarceration and',
'truth in sentencing incentive grants program to replace the program currently authorized in title ii of the violent crime control',
'and law enforcement act of 1994. the house bill included the revised violent offender incarceration and truth in sentencing incentive',
'grants program as passed in the conference report on h.r. 2076. the senate bill included a revision to the language',
'included in the conference report on h.r. 2076. as provided in both the house and senate bills, the conference agreement',
'includes $617,500,000 under the violent crime reduction programs for state and local law enforcement assistance for this provision. of the',
'funds provided, and after amounts allocated for incarceration for criminal aliens, the cooperative agreement program and incarceration of indians on',
'tribal lands, $403,875,000 is available for state prison grants and the administration of this program. the conferees agree that the',
'violent offender incarceration and truth in sentencing incentive grants program should reward and provide an incentive to states that are',
'taking the necessary steps to keep violent criminals off the streets. the conferees further agree that the program currently authorized',
'in the violent crime control and law enforcement act of 1994 fails to provide an adequate incentive for states to',
'adopt tougher sentencing policies. the conferees are also concerned that sufficient seed money to states is needed to encourage states',
'to adopt truth in sentencing. thus, of the amount available, the conferees have agreed that 50 percent would be set',
'aside for truth in sentencing grants and the remaining 50 percent would be distributed as general grants to all states',
'that qualify. under the revised language, states would no longer be forced to choose between mutually exclusive grant programs. states',
'qualifying for truth in sentencing grants would receive those funds in addition to any general grant funds they are eligible',
'to receive. the conferees further intend that in the future the percentage of prison grant funds dedicated to general grants',
'should decline in order to provide a greater incentive for states to adopt truth in sentencing policies. the conferees have',
'therefore adopted language that provides that all states that provide assurances to the attorney general that the state has implemented,',
'or will implement, correctional policies and programs that a ensure that violent offenders serve a substantial portion of the sentences',
'imposed; b are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders; and c ensure that',
'the prison time served is appropriately related to the determination that the inmate is a violent offender and for a',
'period of time deemed necessary to protect the public, will receive seed funding to increase their capacity of prison space.',
'a state will receive additional funding from general grants if the state can demonstrate that, in addition to the above',
'assurances, the state has a increased the number of persons sentenced to prison who have been arrested for violent crimes;',
'or b increased the sentences of persons convicted of violent crimes or the average prison time actually served; or c',
'increased by over 10 percent over the last three years the number of persons sent to prison for committing violent',
'crime. a state will be eligible to receive a truth in sentencing grant in addition to general grant funding it',
'is eligible for, if the state has adopted truth in sentencing laws which require persons sentenced to prisons for violent',
'crimes to serve at least 85 percent of their sentence. in addition, if a state practices indeterminate sentencing, that is,',
'a state in which the sentence imposed by the court may involve a range of imprisonment, it may be eligible',
'to receive a truth in sentencing grant if 1 the state has sentencing and release guidelines which refers to guidelines',
'that by law are utilized both by courts for guidance in imposing a sentence and by parole release authorities in',
'establishing a presumptive release date when the offender has entered prison and violent offenders serve on average not less than',
'85 percent of the period to the presumptive release date prescribed by these guidelines, or 2 the state demonstrates that',
'violent offenders serve on average not less than 85 percent of the maximum prison term allowed under the sentence imposed',
'by the court. the revised language included in this section authorizes $10,267,600,000 for fiscal years 1996 through 2000 for states',
'to build or expand correctional facilities for the purpose of incapacitating criminals convicted of part i violent crimes, or persons',
'adjudicated delinquent for an act which if committed by an adult, would be a part i violent crime. it does',
'not allow funds to be used to operate prisons as provided in the current program and it requires a ten',
'percent match by the state instead of a 25 percent match as included in the current program. the conferees agree',
'that in developing criteria for determining the eligibility for funding to build or expand bedspace, the department of justice should',
'include a requirement that states demonstrate the ability to fully support, operate and maintain the prison for which the state',
'is seeking construction funds. other provisions of the new authorization require that states share up to 15 percent of the',
'funds received with counties and other units of local government for the construction and expansion of correctional facilities, including jails,',
'to the extent that such units of local government house state prisoners due to states carrying out the policies of',
'the act. in addition, under exigent circumstances, states may also use fundsto expand juvenile correctional facilities, including pretrial detention facilities',
'and juvenile boot camps. in order to be eligible for grants, states are also required to implement policies that provide',
'for the recognition of the rights and needs of crime victims. in addition, of the total amount provided, $200,000,000 is',
'available for payments to states for the incarceration of criminal aliens. the conferees intend that this funding should be merged',
'with and administered under the state criminal alien assistance program scaap , including the normal authority to utilize up to',
'one percent of the funds for administrative purposes. the conferees expect the department of justice to provide these funds to',
'eligible states in a timely manner. sec. 120. the conference agreement includes a new general provision, as proposed by the',
'senate as section 116, which extends the department of justices pilot debt collection project through september 30, 1997. the house',
'bill did not include this provision. sec. 121. the conference agreement includes a new general provision, proposed by the senate',
'as section 117, which amends the 1994 crime bill to define educational expenses to be funded under the police corps',
'program. the conference agreement modifies the language proposed by the senate to assure that the course of education being pursued',
'under this program is related to law enforcement purposes. the house bill did not include this provision. sec. 122. the',
'conference agreement includes a technical correction, similar to section 109 as proposed by the senate, to the u.s. code citation',
'regarding the assets forfeiture fund to conform to changes enacted into law under public law 104 66 and public law',
'104 99 and to ensure the intended effect of these changes. the house bill did not include this technical correction.',
'department of commerce and related agencies department of commerce trade and infrastructure development u.s. travel and tourism administration the conference',
'agreement, like the house and senate bills, does not include funding for the u.s. travel and tourism administration. its functions',
'are in the process of being transferred to the international trade administration, and no further funding is required. economic and',
'information infrastructure national telecommunications and information administration salaries and expenses the conference agreement includes language proposed by the senate clarifying',
'the authority of the secretary of commerce to charge federal agencies for spectrum management, analysis, operations and related services, which',
'was not addressed in the house bill, and making technical changes to language included in the house bill regarding the',
'retention and use of all funds so collected. science and technology national institute of standards and technology industrial technology services',
'the conference agreement includes $301,000,000 for industrial technology services, of which $80,000,000 is for the manufacturing extension partnership mep program,',
'and of which $221,000,000 is for the advanced technology program atp . the house bill included $80,000,000 for the mep,',
'and $100,000,000 in contingentappropriations for atp. the senate bill included $80,000,000 for mep, and $235,000,000 in contingent appropriations for atp.',
'the amount provided for atp in this agreement represents the commerce departments most recent estimate of the amount required to',
'pay for continuation grants required in fiscal year 1996 for atp awards made in fiscal year 1995 and prior years.',
'the conferees are agreed that the commerce department and nist should accord highest priority to honoring these prior year commitments.',
'the department shall submit a plan indicating how it intends to spend the funds available for atp this year within',
'30 days of the enactment of this act. the conferees remain supportive of biotechnology research and innovation centers which provide',
'technical and financial assistance, education and training to help create and promote promising new companies. the conferees note that the',
'department has previously provided support for these centers in several states, including massachusetts, and believe that such support is in',
'keeping with the departments mission of promoting both economic and trade opportunities. therefore, the conferees believe that the department should',
'make available sufficient funds for continuing operations of these centers at levels consistent with previous years. national oceanic and atmospheric',
'administration operations, research, and facilities including transfer of funds the conference agreement includes a direct appropriation of $1,792,677,000 for the',
'national oceanic and atmospheric administrations operations, research, and facilities account, as proposed by the house, instead of $1,799,677,000 as proposed',
'by the senate. the conference agreement does not include $7,000,000 proposed in the senate bill for the global learning and',
'observations to benefit the environment program. the house bill and the conference agreement do not include funding for this program.',
'in addition, the following clarifications of issues in the statement of managers accompanying the conference report on h.r. 2076 are',
'provided: the conferees do not expect noaa to undertake a deep ocean isolation study during fiscal year 1996. funds for',
'mapping, charting, and geodesy services are to be used to acquire such services through contracts entered into with qualified private',
'sector contractors when such contracts are the most cost effective method of obtaining those services. because of the reduced funding',
'level for the fleet and the emphasis on contracting for services, the conferees would like noaa to submit a plan',
'for purchases of fleet vessel equipment prior to expending funds for this purpose. the conferees agree with language included in',
'the senate report on h.r. 2076 regarding noaa utilization of the unols university fleet for its research needs. the conferees',
'strongly concur with the house, senate, and joint house/senate conference reports to h.r. 2076 regarding nmfs and noaa actions on',
'sea turtle conservation and shrimp fishery issues except that the conferees direct that any revisions, if necessary, that are based',
'on the nmfs november 14, 1994 or subsequent biological opinions shall include the results of the independent scientific peer review',
'and alternatives for lessening the economic impact on the shrimp fishing industry as directed in both the house and senate',
'reports to h.r. 2076. additionally, the conferees direct nmfs and the department of commerce to provide within 30 days of',
'enactment of this act a detailed written report to the committees on appropriations that includes: 1 the results of the',
'independent peer review of the nmfs november 14, 1994 biological opinion on sea turtle conservation as directed in the conference',
'report to h.r. 2076; 2 the findings and recommendations of the scientific expert working group directed to be established in',
'the house and senate reports to h.r. 2076; 3 the results of the meetings with the shrimp fishing industry and',
'the conservation community as directed by the house and senate reports to h.r. 2076; and 4 conclusions of the economic',
'impact analysis directed to be completed in the house and senate reports to h.r. 2076. the conferees are concerned that',
'noaa and the department of commerce are proceeding with additional restrictions on the shrimp fishery before the results of these',
'analyses and reviews are completed and despite nmfs and coast guard data confirming that shrimp fishermen are complying with existing',
'fishing restrictions at a 97 to 99 percent rate. technology administration office of the under secretary/office of technology policy salaries',
'and expenses the conference agreement provides $7,000,000 for the office of technology policy, instead of $5,000,000 as proposed by the',
'house, and $5,000,000 and an additional $2,000,000 in contingent appropriations as proposed by the senate. the $2,000,000 provided over the',
'house amount, which is also $2,000,000 over the amount provided in the conference report on h.r. 2076, is to be',
'used to support the civilian technology initiatives with which the technology administration is involved,including international science and technology policy assessment,',
'industrial competitiveness studies, support for the u.s./israel secretariat and the national medal of technology. the funds are not intended to',
'be used to supplant the need for the downsizing of employment that is nearing completion in the technology administration. the',
'senate bill provided an additional $2,000,000 in contingent appropriations for the u.s. israel science and technology commission, which is not',
'included in the conference agreement. as provided in both the house and senate reports on h.r. 2076, the committees continue',
'to support the u.s. israel science and technology commission. the conferees expect the commerce department to provide its commitment of',
'$2,500,000 for this program in fiscal year 1996 from within available resources, subject to the standard transfer and reprogramming procedures',
'set forth under sections 205 and 605 of this section of the bill. general provisions department of commerce sec. 206.',
'the conference agreement does not include language proposed by the senate to prohibit the use of funds by the secretary',
'of commerce to issue final determinations under the endangered species act. the house bill contained no provision on this matter',
'under this chapter. language on this issue is not necessary under this chapter because the issue is being addressed on',
'a government wide basis under the department of interior and related agencies chapter. sec. 210. the conference agreement includes a',
'modified general provision proposed by the house, but not in the senate bill, to prohibit the use of funds to',
'develop or implement new individual fishing quota, individual transferable quota, or individual transferable effort allocation programs until offsetting fees to',
'pay for the cost of administering such programs are authorized. the house provision applied only to individual transferable quota programs.',
'in addition, the conference agreement adds language not in the house bill to clarify that the restriction does not apply',
'to any program approved prior to january 4, 1995. sec. 211. the conference agreement includes a general provision, similar to',
'language proposed under title iii of the senate bill, to amend section 308 d of the interjurisdictional fisheries act of',
'1986 to increase flexibility in providing grants to commercial fishermen for uninsured losses resulting from a fishery resource disaster arising',
'from a natural disaster. the changes from the language proposed by the senate are designed to provide further assurances that',
'any fishing boat bought back under this program must be scrapped or otherwise disposed of in a way that prevents',
'the boat from reentering any fishery. the house bill contained no similar provision. sec. 212. the conference report includes a',
'general provision, not in either bill, giving the secretary of commerce authority to award contracts for mapping and charting activities',
'in accordance with the brooks act, title ix of the federal property and administrative services act of 1949 40 u.s.c.',
'541 et seq. . the statement of managers accompanying the conference report on h.r. 2076 indicated that the conferees expected',
'noaa to award contracts in accordance with this act, but the department has indicated that statutory language is required to',
'carry out the conferees intent. department of state and related agencies department of state administration of foreign affairs diplomatic and',
'consular programs the conference agreement, like the house and senate versions of h.r. 3019, strikes language included in the conference',
'report on h.r. 2076 which prohibited the extension of machine readable visa fees after april 1, 1996. in section 112',
'of public law 104 92, a full year extension of the authority to collect the fee was enacted into law.',
'the statement of managers in the conference agreement on h.r. 2076 h. rep. 104 378 contained an incorrect description of',
'the contents of the agreement relating to funding for the diplomatic telecommunications service dts . that conference report included language',
'that provided $24,856,000 for dts operation of existing base services, and not to exceed $17,144,000 for enhancements to remain available',
'until expended, of which $9,600,000 was not to be made available until expiration of 15 days after submission of the',
'pilot project report. the conferees have agreed to reduce the amount withheld from $9,600,000 to $2,500,000. security and maintenance of',
'united states missions the conference report includes $385,760,000 for security and maintenance of united states missions, as proposed in both',
'the house and senate bills, but does not include an additional contingent appropriation of $8,500,000 as proposed in title iv',
'of the senate bill. the additional rescission in this account proposed by the senate is addressed separately under the rescissions',
'section. international organizations and conferences contributions to international organizations the conference agreement includes $892,000,000 for contributions to international organizations, to',
'pay the costs assessed to the united states for membership in international organizations, compared to $700,000,000 and an additional $158,000,000',
'in contingent appropriations in the house bill, and $700,000,000 and an additional $223,000,000 in contingent appropriations in the senate bill.',
'in addition, the conference agreement includes language withholding $80,000,000 of the total provided, to be made available on a quarterly',
'basis upon certification by the secretary of state that the united nations has taken no action to increase funding for',
'any united nations program without identifying an offsetting decrease elsewhere in the united nations budget and cause the united nations',
'to exceed its no growth budget for the biennium 1996 1997 adopted in december, 1995. the house bill contained a',
'proviso withholding one half of the proposed contingent funding for this account until the secretary of state certified that the',
'united nations had taken no action to cause it to exceed its no growth budget for the biennium 1996 1997',
'adopted in december, 1995. the senate bill contained no provision on this matter. from within the funds provided under this',
'heading, funding is to be provided at the full fiscal year 1996 request level to the international atomic energy agency,',
'the world trade organization, the north atlantic treaty organization, and the related north atlantic assembly. funding is also provided at',
'the full fiscal year 1996 request level to the united nations, to fully fund the united states commitment at the',
'25 percent assessment rate, provided that the certifications that it is not overspending its no growth budget are made. no',
'funds are to be provided to the united nations industrialdevelopment organization, the inter american indian institute, the pan american railway',
'congress association, the permanent international association of road congresses, and the world tourism organization. should the requested funding level, which',
'is provided in this conference agreement, fall short of actual assessments, the shortfall should be allocated among the remaining organizations',
'and be prioritized according to the importance of each international organization to the national interest of the united states. contributions',
'for international peacekeeping activities the conference agreement includes $359,000,000 for contributions for international organizations, compared with $225,000,000 and an additional',
'$200,000,000 in contingent appropriations in the house bill, and $225,000,000 and an additional $215,000,000 in contingent appropriations in the senate',
'bill. in addition, the conference agreement includes a technical correction in language included in the conference report on h.r. 2076,',
'as proposed in both the house and senate versions of h.r. 3019. the conference agreement retains the limitations on expenditure',
'of these funds, as contained in both the house and senate bills and the conference report on h.r. 2076. related',
'agencies arms control and disarmament agency arms control and disarmament activities the conference agreement includes $38,700,000, instead of $35,700,000, as',
'proposed by the senate, and $32,700,000, as proposed by the house. united states information agency educational and cultural exchange programs',
'the conference agreement does not include bill language proposed by the senate to provide $1,800,000 to the mike mansfield fellowship',
'program. the house bill contained no provision on this matter. while the conferees have not included the language proposed by',
'the senate, they have agreed that the usia shall disburse funds in the amount of $1,800,000 to the mansfield center',
'for pacific affairs to cover the centers costs in fully implementing the mike mansfield fellowships including the posting of seven',
'1995 fellows and their immediate families in japan in order that the fellows may work in a japanese government agency',
'for one year, preparation and training for ten 1996 fellows, the recruitment and selection of the ten 1997 fellows, and',
'attendant administrative costs. general provisions department of state and related agencies sec. 405. the conference agreement provides a full year',
'waiver of the limitation on operations of the department of state, the u.s. information agency, and the arms control and',
'disarmament agency in the absence of an authorization, as proposed in the senate bill. the house bill included a waiver',
'until april 1, 1996. the conference agreement does not include a provision, included in the senate bill as section 407,',
'to extend the authorization for the au pair program through the year 1999. the house bill contained no similar provision.',
'this provision is not required, because a free standing two year authorization for the program has been enacted into law',
'p.l. 104 72 . sec. 407. the conference agreement includes language, as provided in both the house and senate bills,',
'to allow the eisenhower exchange fellowship program to use one third of earned but unused trust income each year for',
'three years beginning in fiscal year 1996. sec. 410. the conference agreement includes a provision authorizing continuing contract authority for',
'the construction of a usia international broadcasting facility on tinian, commonwealth of the northern mariana islands, as proposed by the',
'senate bill. the house bill contained no similar provision. the conferees agree that prior to the award of a contract',
'for this facility, usia is required to submit a final plan for this facility, including expected cost, construction time, funding',
'requirements, and expected utilization of the facility, according to the standard reprogramming requirements of the committees on appropriations of the',
'house and the senate, the house international relations committee, and the senate foreign relations committee. sec. 411. the conference agreement',
'includes language proposed in section 3010 of the senate bill relating to the arms control and disarmament agency that makes',
'unexpended carryover appropriated in fiscal year 1995 for activities related to the implementation of the chemical weapons convention available for',
'acda operations. the house bill contained no provision on this issue. related agencies competitiveness policy council salaries and expenses the',
'conference agreement includes $50,000 for the competitiveness policy council instead of $100,000 as proposed by the senate and no funding',
'as proposed by the house. the conference agreement also includes language stating that this is the final federal payment to',
'the council. as a result, the conferees expect the council to use the remaining funds to proceed with the orderly',
'termination of the council. federal communications commission salaries and expenses the conference agreement provides $185,709,000 in total resources for the',
'federal communications commission, $10,000,000 more than provided in the conference report on h.r. 2076 and in the house bill, and',
'$10,000,000 less than provided in the senate bill. the additional $10,000,000 over the house bill is to be derived from',
'increased fees and is being provided to the commission to cover costs associated with implementation of the telecommunications act of',
'1996. the conference agreement also includes bill language revisions to the fcc fee schedule relating to ten specific television broadcasting',
'fee categories, as proposed in the senate bill. the house bill contained no similar provision. the conference agreement includes language,',
'not in either the house or senate bill, to allow the federal communications commission to address an issue that appears',
'to present unique circumstances that require immediate attention. wqed, which operates two non commercial stations in pittsburgh, pennsylvania, has indicated',
'it is in financial difficulty, and is seeking the opportunity to obtain a determination on an expedited basis as to',
'whether it could convert one of its stations to a commercial station and then assign the license for the station,',
'using the proceeds to relieve its financial difficulties. the language included in the conference report addresses this situation by assuring',
'speedy consideration of the issue by the fcc. the language requires the fcc to make a determination on a petition',
'submitted by wqed within 30 days, and gives the fcc the authority to provide wqed the relief it is seeking',
'as one of the options that the fcc can consider in making its determination. the conference agreement does not include',
'language proposed in the senate bill requiring the fcc to pay the travel related expenses of the federal state joint',
'board on universal service, but the conferees expect that these expenses will be covered within the additional resources provided by',
'the agreement. the house bill contained no similar provision. legal services corporation payment to the legal services corporation the conference',
'agreement provides $278,000,000 for the legal services corporation, as proposed by the house, instead of $300,000,000 as proposed by the',
'senate. in addition, the conference agreement does not include $9,000,000 in additional contingent appropriations, as proposed by the senate under',
'title iv of the senate bill. within the total amounts provided, the conferees agree that the funds should be distributed',
'as follows: 1 $269,400,000 for basic field programs and required independent audits carried out in accordance with section 509; 2',
'$1,500,000 for the office of inspector general; and 3 $7,100,000 for management and administration. the conferees are aware that the',
'legal services corporation has recently identified $400,000 in prior year carryover funds. the conferees expect the committees on appropriations of',
'the house and senate to be notified prior to any further expenditure of these funds in accordance with section 605',
'of this act. the conference agreement does not include language, proposed by the senate, for payment of attorneys fees for',
'a specific civil action. the legal services corporation historically has distributed funding for basic field programs for all eligible clients',
'on an equal figure per poor person based on the 1990 census, with an exception that adjusts the formula for',
'certain isolated states and territories. the conferees are encouraged that the corporation has worked expeditiously to distribute funding on a',
'competitive award basis, and urge the corporation to continue implementation of the system that has been developed to continue providing',
'grants to all eligible populations. administrative provisions legal services corporation the conference agreement includes language proposed by the senate under',
'section 504 to provide an exception to the prohibition contained therein that would permit recipients of lsc grants to use',
'funds derived from non federal sources to comment on public rulemakings or to respond to a written request for information',
'or testimony from a governmental body, so long as the response is made only to the parties that make the',
'request and the recipient does not arrange for the request to be made. the house bill contained no similar exception',
'to the prohibition contained in the bill. the conference agreement corrects a code citation in section 504 a 10 c',
', as proposed in the senate bill. the house bill contained the code citation provided in the conference report on',
'h.r. 2076. the conference agreement includes language under section 508 to allow for the collection of attorneys fees for cases',
'or matters pending prior to enactment of this act. this provision does not allow the collection of attorneys fees for',
'any new or additional claim or matter not initiated prior to enactment of this act. neither the house nor senate',
'bill contained a provision on this matter. the conference agreement makes a modification to language included in section 508 in',
'both the house and senate bills to provide for a limited transition time for lsc grantees to dispose of pending',
'cases and matters initiated prior to enactment of this act, which would now be prohibited under this act. the agreement',
'provides lsc grantees until august 1, 1996 to dispose of all such cases. the conference agreement contains modifications to language',
'in section 509 proposed by the senate related to the procedures by which lsc grantees are audited and the manner',
'in which recipients contract with licensed independent certified public accountants for financial and compliance audits. also included are modifications to',
'language proposed by the senate to clarify that only the office of the inspector general shall have oversight responsibility to',
'ensure the quality and integrity of the financial and compliance audit process. language is also included, as proposed by the',
'senate, to clarify the corporation managements duties and responsibilities to resolve deficiencies and non compliance reported by the office of',
'the inspector general. further, language is included, as proposed by the senate, authorizing the office of the inspector general to',
'conduct additional on site monitoring, audits, and inspections necessary for programmatic, financial and compliance oversight. the house bill contained the',
'provisions included in the conference report on h.r. 2076. ounce of prevention council the conference agreement includes $1,500,000 for the',
'ounce of prevention council as proposed by the senate. the house bill did not include funding for this organization. sec.',
'609. the conference agreement includes a general provision prohibiting use of funds to pay for expansion of diplomatic or consular',
'operations in vietnam unless the president certifies within 60 days that vietnam is cooperating in full faith with the u.s.',
'on pow/mia issues. the conference report on h.r. 2076 and the house bill contained a provision prohibiting use of funds',
'unless the president certifies that vietnam is fully cooperating with the u.s. on these issues. the senate bill did not',
'include a provision on this matter. secs. 616 617. the conference agreement includes two provisions clarifying the relationship of provisions',
'in the commerce, justice, and state, the judiciary, and related agencies appropriations bill to several full year provisions provided in',
'previous continuing resolutions and the balanced budget downpayment act, i. the senate bill included a provision repealing the section of',
'the balanced budget downpayment act, i that set out the operating rates for programs funded under the commerce, justice, and',
'state, the judiciary, and related agencies appropriations bill. the house bill included a provision, section 105, that addressed the relationship',
'of the provisions of this bill to previous year 1996 appropriations measures for all the appropriations bills included in h.r.',
'3019. rescissions department of state administration of foreign affairs acquisition and maintenance of buildings abroad rescission the conference agreement includes',
'a rescission of $64,500,000 from balances in the acquisition and maintenance of buildings abroad account, compared with a rescission of',
'$60,000,000 included in the conference report on h.r. 2076 and proposed in the house bill and a rescission of $95,500,000',
'proposed in the senate bill. district of columbia section 101 b of h.r. 3019 provides appropriations for programs, projects and',
'activities provided for in the conference report house report 104 455 filed january 31, 1996 that accompanied the district of',
'columbia appropriations act, 1996 h.r. 2546 . the conference report was adopted in the house of representatives on january 31,',
'1996, but was not voted on by the senate because of a filibuster. the senate voted on a motion to',
'invoke cloture and close further debate on four separate occasions. the required 60 votes were not attained on any of',
'those votes which occurred on february 27, 1996 54 44 ; february 29, 1996 52 42 ; march 5, 1996',
'53 43 ; and march 12, 1996 56 44 . h.r. 3019 as passed the house on march 7, 1996,',
'did not include funding for the district of columbia government; however, the bill as passed the senate on march 19,',
'1996, included the conference report house report 104 455 that accompanied h.r. 2546 with certain modifications that are explained later',
'in this statement. the language and allocations set forth in house report 104 294, senate report 104 144, and house',
'report 104 455 are to be complied with unless specifically addressed to the contrary in the accompanying bill and statement',
'of the managers. the conference agreement also includes various technical changes to headings and section references. d.c. chartered health plan,',
'inc. the conferees note that language in section 3008 of h.r. 3019, the omnibus consolidated rescissions and appropriations act of',
'1996, under the jurisdiction of the subcommittee on the departments of labor, health and human services, and education, provides a',
'waiver to the d.c. chartered health plan, inc., a private provider of managed health care in the district that was',
'established in 1988 and provides health care to 40 percent of the medicaid afdc beneficiaries in the district. the conferees',
'have been informed that this waiver will result in the city incurring lower annual medicaid costs of approximately $50,000,000. these',
'savings will be shared equally by the federal government and the district. infant mortality the conferees are deeply concerned that',
'the status of infant mortality and morbidity in the nations capital continues to be the poorest in the united states.',
'the departments of labor, health and human services, and education and related agencies appropriations act for fiscal year 1991 h.r.',
'5257 included funds in the budget for the national institute of child health and human development nichd to conduct research',
'on pregnancy and perinatology with special emphasis on the determinants and consequences of environmental contributions, including crack cocaine abuse, to',
'the low birth weight and infant mortality problems in the district. senate report 101 516, page 118 . the report',
'further states that the plan should include research projects and the means to contract with a local host institution to',
'provide the clinical facilities and associated infrastructure to operate them. the conferees request that the nichd continue its research on',
'pregnancy and perinatology as directed in senate report 101 516 and conduct its study within the jurisdictional bounds of the',
'nations capital as spelled out in that report. further, the conferees urge nichd to solicit bids only within the district',
'of columbia, consistent with the intent of congress as originally reflected in senate report 101 516. d.c. canine facility as',
'noted on page 120 of the conference report house report 104 455 that accompanied the district of columbia appropriations act,',
'1996 h.r. 2546 , the metropolitan police department has had a long standing need to construct a modernized canine training',
'facility at a location near d.c. village. the funding for this project has been available for some time; however, for',
'various reasons construction of the facility has been delayed and contract bids have been allowed to expire. the conferees have',
'been informed that the district government has identified approximately $750,000 for construction of the facility and again is proceeding with',
'the required contracting procedures. the schedule provided by district officials calls for the contract to be awarded in july with',
'construction to begin immediately thereafter so that the facility can be occupied by february 1997. the conferees direct district officials',
'to expedite this long overdue project and to immediately advise the house and senate committees on appropriations of any delays.',
'district officials are requested to provide monthly progress reports with detailed explanations for deviations from the schedule. the reports are',
'to be provided to the house and senate committees on appropriations on the first day of each month following the',
'enactment of this act. the present canine facility being used by the metropolitan police department is located on property that',
'is being transferred to the architect of the capitol as required by public law 98 340 and referenced in section',
'1565 of this act. for several years the plan has been to use the existing facility, when it becomes available,',
'for the u.s. capitol police who have been occupying temporary structures while waiting for the metropolitan police to move to',
'their new quarters. during the transition period while the new d.c. canine facility is being constructed, the conferees believe that',
'co location of the metropolitan police and the u.s. capitol police canine forces is more economical than providing two separate',
'facilities. the conferees therefore direct the metropolitan police department to share the existing canine facility at d.c. village with the',
'u.s. capitol police and its canine training program. the conferees request monthly reports from both police forces on the status',
'of this sharing arrangement. the first report is due april 30, 1996, with subsequent reports due on the last day',
'of each month until the metropolitan police move into the new d.c. canine facility. title i fiscal year 1996 appropriations',
'federal contribution for education reform the conference action deletes this paragraph and the federal appropriation of $14,930,000 instead of reallocating',
'the low income scholarship funding of $5,250,000 to repair, modernization, maintenance and planning consistent with subtitles a and f of',
'title ii of the bill, the august 14, 1995, recommendations of the superintendents task force on education infrastructure for the',
'21st century, and the june 13, 1995, accelerating education reform in the district of columbia: building on besst which is',
'the acronym for the superintendents educational reform agenda bringing education services to students as proposed by the senate. governmental direction',
'and support the conference action includes a proviso transferred from the deleted paragraph education reform that directs the district government',
'to enter into negotiations with gallaudet university for the purpose of transferring the hamilton junior high school building from the',
'districts public school system to gallaudet. the conferees expect that such a transaction, which would require the agreement of both',
'gallaudet and the district government, would result in substantial proceeds being made available for improving the districts public school facilities',
'in the same ward. the hamilton school, which is in the midst of the gallaudet campus, was appraised at approximately',
'$4,000,000 in 1990, though it may be worth somewhat less at present. there is some evidence that the title to',
'the land on which hamilton is located is vested in the federal government. the conferees are hopeful that a mutually',
'satisfactory arrangement can be worked out voluntarily between the two parties, with area students the beneficiaries. education reform the conference',
'action deletes this paragraph which appropriated $14,930,000 from the districts general fund for education reform initiatives. the proviso in this',
'paragraph relating to gallaudet university has been transferred to the heading governmental direction and support. general provisions lorton correctional complex.',
'the conference action amends section 151 of h.r. 2546 house report 104 455 concerning the lorton correctional complex to reflect',
'the findings of a report dated january 30, 1996, issued recently by the national institute of corrections nic which identifies',
'very serious problems with the operation, management, and physical plant. the amendment agreed to by the conferees addresses many of',
'the concerns raised by the nic report and conforms the initial language to changed timetables. subsection a added by the',
'conferees directs the nic acting for and on behalf of the district of columbia to hire a consultant to develop',
'a plan for short term improvements on a limited number of administrative and physical plant reforms that can be completed',
'within a three to five month time frame. the language also requires the nic to submit their report to the',
'president, the congress, the mayor, and the district of columbia financial responsibility and management assistance authority no later than september',
'30, 1996. subsection b directs the nic acting for and on behalf of the district of columbia to hire a',
'consultant to develop at least four optional long term plans for the lorton correctional complex, including: 1 a plan under',
'which the lorton correctional complex will be closed and inmates transferred to new facilities constructed and operated by private entities;',
'2 a plan under which the lorton correctional complex will remain in operation under the management of the district of',
'columbia subject to such modification as the district considers appropriate; 3 a plan under which the federal government will operate',
'the lorton correctional complex and the inmates will be sentenced and treated in accordance with guidelines applicable to federal prisoners;',
'and 4 a plan under which the lorton correctional complex will be operated under private management. the language also requires',
'the nic to submit their report to the president, the congress, the mayor, and the district of columbia financial responsibility',
'and management assistance authority no later than december 31, 1996. adoptions by unmarried couples. the conference action deletes section 152',
'of h.r. 2546 house report 104 455 that would have prohibited adoptions by unmarried couples except in those cases where',
'one of the individuals was the natural parent. chief financial officer powers. the conference action inserts a new section 152',
'effective during fiscal years 1996 and 1997 which clarifies certain duties and responsibilities of the chief financial officer to enable',
'the cfo to exercise his authority with the independence called for under public law 104 8, approved april 17, 1995,',
'which created the district of columbia financial responsibility and management assistance authority and established the chief financial officer position. the',
'treasurer of the district, the controller of the district and the head of the office of financial information services were',
'placed under the cfos authority by public law 104 8. the clarifying language places the directors of the office of',
'the budget and the department of finance and revenue as well as all other district of columbia executive branch accounting,',
'budget, and financial management personnel under the cfos authority thereby providing the cfo with control over all financial activities of',
'the district government as envisioned by public law 104 8. all of these individuals will be appointed by, serve at',
'the pleasure of, and act under the direction and control of the cfo. property conveyance. the conference action inserts a',
'new section 156 requiring the transfer of certain property to the architect of the capitol. public law 98 340, approved',
'july 3, 1984, provided for a multi jurisdictional land exchange to allow the washington metropolitan area transit authority to complete',
'construction of the green line, which was the last segment of the regions rapid rail system. this land exchange resulted',
'from a decision to place a metro station and parking facility across the anacostia river near the juncture of the',
'south capitol street bridge and i 295, and involved the washington metropolitan area transit authority, the district of columbia, the',
'national park service, and the architect of the capitol. the agreement, which was entered into 12 years ago, included a',
'commitment by the district of columbia to transfer a portion of d.c. village to the architect of the capitol in',
'exchange for land under the architect of the capitols jurisdiction that was transferred for the metro facility. all work called',
'for under the agreement has been completed, including the relocation of shepherd parkway. the conferees have included language in section',
'156 of this act which requires the district government to provide the architect of the capitol with a deed for',
'the property in accordance with the agreement not later than 30 days after the enactment of h.r. 3019. title ii',
'district of columbia school reform the conference action amends the district of columbia school reforms reflected in the conference report',
'house report 104 455 on h.r. 2546, the district of columbia appropriations act for fiscal year 1996. the conference agreement',
'deletes subtitle c even start; subtitle g residential school; and subtitle n low income scholarships that were included in house',
'report 104 455. the conference agreement incorporates the provisions of subtitle h progress reports and accountability that was included in',
'house report 104 455 as the last two sections of subtitle a. the conference agreement also incorporates many of the',
'provisions of subtitle j management and fiscal accountability and subtitle k personal accountability and preservation of school based resources into',
'various general provisions under title i. the remaining sections of subtitles j and k have been consolidated into a new',
'subtitle g management and fiscal accountability; preservation of school based resources. recently, the council of the district of columbia passed',
'd.c. bill 11 318, the public charter schools act of 1996. on march 26, 1996, the mayor returned the bill',
'to the council without his signature. in his letter the mayor states that the legislation creates extensive regulations for proposed',
'charter schools without providing significant independent authority. his letter further states in addition, proposed charter schools might not have available',
'to them certain regional and central system support provided to other schools within the system. the conferees are committed to',
'ensuring that charter schools become a reality in the district and have therefore included subtitle b public charter schools, in',
'title ii of the conference agreement. this subtitle addresses the concerns expressed by the mayor. the conference agreement includes residential',
'education as a program that can be provided in a public charter school and requires the district to provide the',
'$130,000 prorata share of public charter school board operating expenses for the remainder of fiscal year 1996. in addition, the',
'conferees note that other portions of this conference agreement provide the u.s. department of education with additional funds to support',
'charter school activities in the various states. the conferees intend that the department provide the district of columbia with appropriate',
'financial and technical assistance to support the start up of the charter school board. the conference agreement amends subtitle d',
'world class schools task force by changing the letter designation from d to c and including language to provide funding',
'authorizations in fiscal year 1997. the conference agreement also makes other technical changes in dates as appropriate. the conferees are',
'deeply concerned about the state of the facilities in the district of columbia public school system. subtitle e school facilities',
'repair and improvement, calls for the u.s. general services administration to provide technical assistance to the district of columbia public',
'schools in the development of a facilities revitalization plan. it also provides waivers to allow private companies to donate materials',
'and services to rehabilitate school facilities. the conference agreement includes narrowly drawn waivers to ensure that private sector individuals and',
'district of columbia government employees may donate their services. the language also ensures that employees of the district of columbia',
'government will not be called upon to volunteer to provide services for which they would be paid as a part',
'of their employment. the conferees encourage the district of columbia public schools in their efforts to establish a residential school',
'to serve the residents of the district of columbia. the conferees look forward to having the thoughts and plans of',
'the superintendent and other school officials during consideration of the districts fiscal year 1997 budget and financial plan. without the',
'availability of federal funds, the authorizing language included in the conference report house report 104 455 on h.r. 2546 as',
'subtitle g residential school has been deleted. the conferees believe that leveraging private sector funds to provide the public schools',
'with access to state of the art technology and implementing a regional workforce training initiative are essential to creating a',
'model public education system in the nations capital. in the absence of federal funds for fiscal year 1996, the conferees',
'have amended the authorizations included in the conference report house report 104 455 on h.r. 2546 for these programs to',
'begin in fiscal year 1997. the conference agreement deletes section 2704 e professional development program for teachers and administrators that',
'had been included in the conference report house report 104 455 on h.r. 2546. department of the interior and related',
'agencies section 101 c provides fiscal year 1996 appropriations for the department of the interior and related agencies which are',
'effective upon enactment of this act as if it had been enacted into law as the regular appropriations act. the',
'conference agreement on section 101 c incorporates many of the provisions of the conference agreement on h.r. 1977, house report',
'104 402. report language and allocations set forth in the conference agreement on h.r. 1977 that are not changed by',
'the conference agreement on section 101 c of h.r. 3019 are approved by the committee of conference. the report language',
'and allocations adopted by the conference agreement on h.r. 1977 are unchanged unless expressly provided herein. title i department of',
'the interior bureau of land management management of lands and resources $567,453,000 is appropriated for management of lands and resources',
'instead of $568,062,000 as proposed by the conference agreement on h.r. 1977. the change from the earlier agreement is a',
'decrease of $609,000 for headquarters administration. bill language. language restricting the use of funds for the mojave national preserve in',
'california has been deleted. this issue is dealt with in more detail in section 119 of this act under the',
'heading general provisions, department of the interior. payments in lieu of taxes $113,500,000 is appropriated for payments in lieu of',
'taxes instead of $101,500,000 as proposed by the conference agreement on h.r. 1977. oregon and california grant lands $97,452,000 is',
'appropriated for oregon and california grant lands instead of $93,379,000 as proposed by the conference agreement on h.r. 1977. the',
'change from the earlier agreement is an increase of $4,073,000 for collocation of the oregon state office of the bureau',
'of land management with the pacific northwest regional office of the forest service. united states fish and wildlife service resource',
'management $501,010,000 is appropriated for resource management instead of $497,943,000 as proposed by the conference agreement on h.r. 1977. changes',
'from the earlier agreement include a decrease of $183,000 for headquarters administration and an increase of $3,250,000 for the endangered',
'species program. the managers understand that the service has been directed by the u.s. district court for the western district',
'of washington to finalize critical habitat designation for the marbled murrelet by may 15, 1996 and that the department of',
'justice has filed a motion to stay enforcement of the order. the managers expect the service, to the extent it',
'proceeds with the critical habitat designation process for the marbled murrelet, to consider carefully the concerns of all interested parties',
'including the states and private landowners. potential economic impacts on private landowners should be fully evaluated and, to the extent',
'practicable, every attempt should be made to ameliorate adverse impacts and use federal lands in establishing critical habitat. if the',
'may 15 deadline remains in effect and proves to be unrealistic, the service should so notify the court and petition',
'for an extension. bill language. language has been included placing a moratorium on the use of funds by the secretaries',
'of the interior and commerce for endangered species listing activities, except for delisting, reclassification and emergency listings. an earmark of',
'$4 million is included for those activities not subject to the moratorium. the managers have also provided authority to the',
'president to suspend the moratorium if he determines that such a suspension is appropriate based on public interest in sound',
'environmental management, sustainable resource use, protection of national or local interests or protection of cultural, biological or historic resources. any',
'such suspension must be reported to the congress. national park service operation of the national park system $1,082,481,000 is appropriated',
'for operation of the national park system instead of $1,083,151,000 as proposed by the conference agreement on h.r. 1977. the',
'change to the previous agreement is a decrease of $670,000 for headquarters administration. the managers understand that the service and',
'the federal highway administration are in the process of realigning and widening the 15th street corridor at raoul wallenberg place',
'in washington, dc. the managers are aware of concerns that this effort will have a negative impact on the size',
'and quality of the sports field located across the street from the holocaust memorial museum. the managers expect the service',
'to provide an assessment to the house and senate committees on appropriations on the impact theconstruction of this corridor will',
'have on said field including any alterations to the current size and quality of the playing area and an estimate',
'of the length of time the field will remain unusable for sporting events. this assessment should also include a cost',
'estimate for 1 preservation or realignment of the field needed to allow sports activities to continue; 2 leveling of the',
'field and repair of the fields surface with new grass; and 3 annual maintenance of the field. this assessment should',
'be completed as expeditiously as possible. bill language. language restricting the use of funds for the mojave national preserve in',
'california has been deleted. this issue is dealt with in more detail in section 119 of this act under the',
'heading general provisions, department of the interior. construction the managers on the part of the house do not agree with',
'the senate position, expressed in a colloquy during senate debate on h.r. 3019, with respect to the natchez trace parkway.',
'united states geological survey surveys, investigations, and research $730,163,000 is appropriated for surveys, investigations, and research instead of $730,503,000 as',
'proposed by the conference agreement on h.r. 1977. the change from the earlier agreement is a decrease of $340,000 for',
'headquarters administration. the managers agree that, within the funds provided for natural resources research in the state of florida, the',
'survey should maintain the same level of funding as was provided in fiscal year 1995 by the national biological service',
'for manatee research as part of the sirenia project. minerals management service royalty and offshore minerals management $182,555,000 is appropriated',
'for royalty and offshore minerals management instead of $182,994,000 as proposed by the conference agreement on h.r. 1977. the change',
'from the earlier agreement is a decrease of $439,000 for headquarters administration. bureau of indian affairs operation of indian programs',
'bill language. language is included to permit the use of prior year unobligated balances for employee severance, relocation, and related',
'expenses until september 30, 1996 instead of march 30, 1996 as proposed by the conference agreement on h.r. 1977. departmental',
'offices departmental management salaries and expenses $56,912,000 is appropriated for salaries and expenses instead of $57,796,000 as proposed by the',
'conference agreement on h.r. 1977. the change from the earlier agreement is a decrease of $884,000 for headquarters administration in',
'the departmental direction account. because it is halfway through the fiscal year, the managers agree that maximum flexibility is permitted',
'in allocating this reduction within that account. office of the solicitor salaries and expenses $34,427,000 is appropriated for salaries and',
'expenses instead of $34,608,000 as proposed by the conference agreement on h.r. 1977. the change from the earlier agreement is',
'a decrease of $181,000 for headquarters administration. general provisions, department of the interior language is included in section 119 on',
'the management of the mojave national preserve. the managers have agreed to remove the statutory restrictions on the national park',
'service and the bureau of land management which were included in the conference agreement on h.r. 1977. the park service,',
'under this provision, is permitted to manage the preserve but limited in its management practices to those historical management practices',
'of the bureau of land management until the service has completed a conceptual management plan and received approval of that',
'plan from the house and senate committees on appropriations. the provision also limits operating funds to $1,100,000 unless approval for',
'an additional amount is obtained from the house and senate committees on appropriations. the managers agree that this provision will',
'expire on september 30, 1996. the managers have also provided authority to the president to suspend the restrictions in section',
'119 if he determines that such a suspension is appropriate based on public interest in sound environmental management, sustainable resource',
'use, protection of national or local interests or protection of cultural, biological or historic resources. any such suspension must be',
'reported to the congress. title ii related agencies department of agriculture forest service state and private forestry $136,884,000 is appropriated',
'for state and private forestry instead of $136,794,000 as proposed by the conference agreement on h.r. 1977. the change from',
'the earlier agreement is an increase of $90,000 for collocation of the oregon state office of the bureau of land',
'management with the pacific northwest regional office of the forest service. bill language. earmarks $200,000 as proposed by the senate,',
'for a grant to the world forestry center for research on land exchange efforts in the umpqua river basin region',
'in oregon. national forest system $1,257,057,000 is appropriated for the national forest system instead of $1,256,253,000 as proposed by the',
'conference agreement on h.r. 1977. the change from the earlier agreement is an increase of $804,000 for collocation of the',
'oregon state office of the bureau of land management with the pacific northwest regional office of the forest service. bill',
'language. the managers have not agreed to a specific dollar limitation on travel expenses within the national forest system as',
'proposed by the senate. construction $163,600,000 is appropriated for construction instead of $163,500,000 as proposed by the conference agreement on',
'h.r. 1977. the change from the earlier agreement is an increase of $100,000 for collocation of the oregon state office',
'of the bureau of land management with the pacific northwest regional office of the forest service. bill language. language has',
'been included to permit the transfer of trail construction funds, appropriated in fiscal year 1995 for the construction of the',
'columbia gorge discovery center, to the group titled the non profit citizens for the columbia gorge discovery center, as proposed',
'by the senate. land acquisition $39,400,000 is appropriated for land acquisition instead of $41,200,000 as proposed by the conference agreement',
'on h.r. 1977, a reduction of $1,800,000 below the earlier agreement, including decreases of $1,700,000 for federal land acquisition and',
'$100,000 for acquisition management. the managers are very concerned that the service has proceeded with specific land acquisitions this year',
'without the approval of the house and senate appropriations committees, and bill language has been included requiring the service to',
'obtain the approval of the committees before proceeding with any further land acquisitions in fiscal year 1996. southeast alaska economic',
'disaster fund $110,000,000 is appropriated for the southeast alaska economic disaster fund. no funds were provided for this new account',
'in the conference agreement on h.r. 1977. these funds are provided for grants to communities affected by the declining timber',
'program on the tongass national forest. this issue is discussed in more detail in section 325 of title iii general',
'provisions. administrative provisions, forest service the tongass national forest provisions addressed under this heading in the conference agreement on h.r.',
'1977 have been moved to section 325 under title iii general provisions. department of energy fossil energy research and development',
'$417,018,000 is appropriated for fossil energy research and development instead of $417,169,000 as proposed by the conference agreement on h.r.',
'1977. the change from the earlier agreement is a decrease of $151,000 for headquarters administration. the managers understand that the',
'fiscal year 1997 budget will reflect the transfer of the health and safety research programs of the bureau of mines',
'to the national institute for occupational safety and health niosh in the department of health and human services. the managers',
'encouraged such a transfer in the fiscal year 1996 conference agreement on h.r. 1977 and see no reason to delay',
'the transfer. the managers strongly encourage the department of energy to enter into an interagency agreement with niosh for the',
'fiscal year 1996 funding. in determining the allocation of funds for the transferred functions, the managers expect the doe and',
'niosh to consider the concerns of all interested parties, including industry and labor. the managers also expect the agencies to',
'recognize the importance of maintaining a health and safety research presence in the east and in the west. energy conservation',
'$553,189,000 is appropriated for energy conservation instead of $553,293,000 as proposed by the conference agreement on h.r. 1977. the change',
'from the earlier agreement is a decrease of $104,000 for headquarters administration. department of health and human services indian health',
'service indian health services bill language. the managers have not agreed to earmark funds for inhalant abuse treatment programs as',
'proposed by the senate. the managers understand that the indian health service provides for both direct care and referrals for',
'adolescents afflicted with inhalant abuse problems and encourage ihs to continue to refer patients, as appropriate,for treatment of such abuse.',
'the managers are aware of the particular expertise of the our home inhalant abuse center, and encourage ihs to continue',
'to refer patients to this facility, as appropriate. other related agencies smithsonian institution salaries and expenses $311,188,000 is appropriated for',
'salaries and expenses instead of $308,188,000 as proposed by the conference agreement on h.r. 1977. the change from the earlier',
'agreement is an increase of $3,000,000 for voluntary separation incentive payments and other costs associated with employee separations pursuant to',
'the authority provided for employee buy outs in section 339 of this act. title iii general provisions section 314. deletes',
'the language dealing with the interior columbia basin ecosystem management project proposed in the conference agreement on h.r. 1977 and',
'replaces it with a limitation on the use of funds for implementing regulations or requirements to regulate non federal lands',
'with respect to this project. section 325. bill language is included providing for a one year moratorium on establishment of',
'a new tongass land management plan for the tongass national forest in southeast alaska. the moratorium would be in effect',
'for one year after the date of enactment of this act rather than for two fiscal years as proposed by',
'the conference agreement on h.r. 1977. in amending or revising the current plan, the secretary may establish habitat conservation areas,',
'and impose any restriction or land use designations deemed appropriate, so long as the number of acres in the timber',
'base and resulting allowable sale quantity is not less than the amounts identified in the preferred alternative alternative p in',
'the october 1992 tongass land and resource management plan. the secretary may implement compatible standards and guidelines, as necessary, to',
'protect habitat and preserve multiple uses of the tongass national forest. the language has been augmented from the version included',
'in h.r. 1977 to address the administrations concerns about clearcutting. the provision makes it clear that nothing in this section',
'shall be interpreted as mandating clearcutting or unsustainable timber harvesting. the language also makes it clear that any revision, amendment,',
'or modification shall be based on research results obtained through the application of the scientific method and sound, verifiable scientific',
'data. data are sound, verifiable, and scientific only when they are collected and analyzed using the scientific method. the scientific',
'method requires the statement of an hypothesis capable of proof or disproof; preparation of a study plan designed to collect',
'accurate data to test the hypothesis; collection and analysis of the data in conformance with the study plan; and confirmation,',
'modification, or denial of the hypothesis based upon peer reviewed analysis of the collected data. the data used shall include',
'information collected in the southeast alaska ecosystem. the section also includes language to allow certain timber sales, that have cleared',
'the national environmental policy act nepa and the alaska national interest lands conservation act anilca review processes, to be awarded',
'if the forest service determines that additional analysis under nepa and anilca is not necessary. the managers have also provided',
'authority to the president to suspend the provisions mentioned above with respect to the tongass national forest in alaska if',
'he determines that such a suspension is appropriate based on public interest in sound environmental management or protection of cultural,',
'biological or historic resources. any such suspension must be reported to the congress. language is included to clarify that if',
'the suspension is exercised, the duration of the suspension would not exceed the period in which the provisions of the',
'section would otherwise be in effect. the managers are very concerned about the negative impacts on the southeastern alaska economy',
'of a declining federal timber program on the tongass national forest. the managers are aware of concerns that proposed modifications',
'to the tongass land management plan give insufficient attention to the economic ramifications of a reduced timber sales program, and',
'urge the administration to consider strongly the socioeconomic impacts of its proposed alternatives. in implementing this section, the forest service',
'shall prepare a city by city socioeconomic analysis of the effect of reducing the suitable timber land base or timber',
'sales levels on the communities of southeast alaska and on the potential of restoring a timber economy in wrangell and',
'sitka. to address these job losses and economic impacts, a new southeast alaska disaster assistance fund totaling $110 million has',
'been established under the forest service. the funds are provided as direct grants to the affected communities to employ former',
'timber workers and for community development projects, and as direct payments in proportion to the percentage of tongass timber receipts',
'realized by these communities in fiscal year 1995. the grants are provided with broad authority for the community to pursue',
'economic and infrastructure development projects that employ displaced timber workers. this fund is intended to be an interim measure until',
'uncertainties with the available timber supply are resolved and a timber economy revitalized. the managers encourage the affected communities to',
'develop comprehensive plans for how they intend to spend these funds. the managers strongly urge the administration to comply with',
'the requirement of the tongass timber reform act to meet market demand for timber sales on thetongass. the president may',
'nevertheless choose to suspend this section. the managers agree that the availability of funds from this new disaster assistance fund',
'is contingent upon the president executing the waiver authority. in the event legislation is enacted in the future that increases',
'the timber sales program to meet market demand on the tongass national forest, it would be the expectation of the',
'managers that these funds would be no longer available. travel. the managers have not agreed to place a statutory limit',
'on the use of travel funds as proposed by the house. the managers expect each agency under the jurisdiction of',
'the interior and related agencies bill to monitor carefully travel expenses and to avoid non essential travel. section 336. inserts',
'new language placing a moratorium on the issuance of a final rulemaking on jurisdiction, management and control over navigable waters',
'in the state of alaska with respect to subsistence fishing. the moratorium is for fiscal year 1996 rather than through',
'may 15, 1997, as proposed by the senate. the managers are concerned that recent court decisions place requirements on the',
'departments of the interior and agriculture to assume management authority in navigable waters and that such management could cost each',
'agency several millions of dollars annually. in an era of declining budgets, this added burden would have an adverse impact',
'on other important programs. the managers urge the state of alaska and all parties involved to work toward developing a',
'viable, long term solution to the subsistence problem. the solution should provide for state management of fish and wildlife in',
'alaska while protecting those who depend on subsistence resources. employee details. the managers have not agreed to place a statutory',
'limitation on the temporary detail of employees within the department of the interior as proposed by the house. the department',
'should continue to report quarterly on the use of employee details and should not use such personnel details to offset',
'programmatic or administrative reductions. section 337. directs the department of the interior to transfer to the daughters of the american',
'colonists a plaque in the possession of the national park service. the park service currently has this plaque in storage',
'and this provision provides for its return to the organization that originally placed the plaque on the great southern hotel',
'in saint louis, missouri in 1933 to mark the site of fort san carlos. section 338. inserts new language requiring',
'that funds obligated for salaries and expenses of the pennsylvania avenue development corporation and for international forestry activities of the',
'forest service be offset from other specified sources upon enactment of this act. section 339. provides one time authority for',
'the smithsonian institution to offer early retirement opportunities and retirement bonuses to employees through october 1, 1996. greens creek land',
'exchange. the managers have not agreed to bill language, proposed by the senate in title iii, section 3015 of the',
'senate passed version of h.r. 3019, which would have incorporated the greens creek land exchange act of 1996 into this',
'act. this legislation was signed into law public law 104 123 on april 1, 1996. chapter 5 department of the',
'interior and related agencies agency priorities. the managers have not agreed to statutory language, proposed by the senate in section',
'1203 of title ii, chapter 12, which would have mandated the allocation of emergency supplemental funds based on agency prioritization',
'processes. the managers understand that the initial estimates of emergency requirements that have been provided are based on very preliminary',
'information and that those initial estimates, because of time constraints, may not have included every project which needs to be',
'addressed. the managers expect each agency to develop on the ground estimates of all its natural disaster related needs and',
'to address these needs consistent with agency priorities. contingent appropriations. the availability of those portions of the appropriations detailed in',
'this chapter that are in excess of the administrations budget request for emergency supplemental appropriations are contingent upon receipt of',
'a budget request that includes a presidential designation of such amounts as emergency requirements as defined in the balanced budget',
'and emergency deficit control act of 1985, as amended. department of the interior bureau of land management construction and access',
'an additional $5,000,000 in emergency supplemental appropriations for construction and access is made available as proposed by the senate instead',
'of $4,242,000 as proposed by the house. of this amount, $758,000 is contingent upon receipt of a budget request that',
'includes a presidential designation of such amount as an emergency requirement as defined in the balanced budget and emergency deficit',
'control act of 1985, as amended. oregon and california grant lands an additional $35,000,000 in emergency supplemental appropriations for oregon',
'and california grant lands is made available as proposed by the senate instead of $19,548,000 as proposed by the house.',
'of this amount, $15,452,000 is contingent upon receipt of a budget request that includes a presidential designation of such amount',
'as an emergency requirement as defined in the balanced budget and emergency deficit control act of 1985, as amended. united',
'states fish and wildlife service resource management an additional $1,600,000 in emergency supplemental appropriations for resource management is made available',
'as proposed by the senate instead of no funding as proposed by the house. the entire amount is contingent upon',
'receipt of a budget request that includes a presidential designation of such amount as an emergency requirement as defined in',
'the balanced budget and emergency deficit control act of 1985, as amended. construction an additional $37,300,000 in emergency supplemental appropriations',
'for construction is made available as proposed by the senate instead of $20,505,000 as proposed by the house. of this',
'amount, $16,795,000 is contingent upon receipt of a budget request that includes a presidential designation of such amount as an',
'emergency requirement as defined in the balanced budget and emergency deficit control act of 1985, as amended. the managers have',
'neither agreed to bill language, proposed by the senate, earmarking specific funds for devils lake, nd nor to report language',
'earmarking funds for other locations. the service should carefully consider the needs at devils lake, nd and at kenai, ak',
'as it allocates funds. national park service construction an additional $47,000,000 in emergency supplemental appropriations for construction is made available',
'as proposed by the senate instead of $33,601,000 as proposed by the house. of this amount, $13,399,000 is contingent upon',
'receipt of a budget request that includes a presidential designation of such amount as an emergency requirement as defined in',
'the balanced budget and emergency deficit control act of 1985, as amended. united states geological survey surveys, investigations, and research',
'an additional $2,000,000 in emergency supplemental appropriations for surveys, investigations, and research is made available as proposed by the senate',
'instead of $1,176,000 as proposed by the house. of this amount, $824,000 is contingent upon receipt of a budget request',
'that includes a presidential designation of such amount as an emergency requirement as defined in the balanced budget and emergency',
'deficit control act of 1985, as amended. bureau of indian affairs operation of indian programs an additional $500,000 in emergency',
'supplemental appropriations for the operation of indian programs is made available as proposed by the house and by the senate.',
'construction an additional $16,500,000 in emergency supplemental appropriations for construction is made available as proposed by the senate instead of',
'$9,428,000 as proposed by the house. of this amount, $7,072,000 is contingent upon receipt of a budget request that includes',
'a presidential designation of such amount as an emergency requirement as defined in the balanced budget and emergency deficit control',
'act of 1985, as amended. territorial and international affairs assistance to territories an additional $13,000,000 in emergency supplemental appropriations for',
'assistance to territories is made available as proposed by the senate instead of $2,000,000 as proposed by the house. of',
'this amount, $11,000,000 is contingent upon receipt of a budget request that includes a presidential designation of such amount as',
'an emergency requirement as defined in the balanced budget and emergency deficit control act of 1985, as amended. department of',
'agriculture forest service national forest system an additional $26,600,000 in emergency supplemental appropriations for the national forest system is made',
'available as proposed by the senate instead of $20,000,000 as proposed by the house. of this amount $6,600,000 is contingent',
'upon receipt of a budget request that includes a presidential designation of such amount as an emergency requirement as defined',
'in the balanced budget and emergency deficit control act of 1985, as amended. the managers have not agreed to bill',
'language, proposed by the senate, earmarking specific funds for the amalgamated mill site in the willamette national forest, or. the',
'service should carefully consider the needs at this site as it allocates funds. construction an additional $60,800,000 in emergency supplemental',
'appropriations for construction is made available as proposed by the senate instead of $60,000,000 as proposed by the house. of',
'this amount, $20,800,000 is contingent upon receipt of a budget request that includes a presidential designation of such amount as',
'an emergency requirement as defined in the balanced budget and emergency deficit control act of 1985, as amended. appropriations for',
'the departments of labor, health and human services, and education, and related agencies section 101 d of h.r. 3019 provides',
'appropriations for programs, projects and activities in the departments of labor, health and human services and education and related agencies',
'appropriations act, 1996. in implementing this agreement, the departments and agencies should comply with the language and instructions set forth',
'in house report 104 209 and senate reports 104 145 and 104 236. in those cases where this language and',
'instruction specifically addresses the allocation of funds which parallels the funding levels specified in the congressional budget justifications accompanying the',
'fiscal year 1996 budget or the underlying authorizing statute, the conferees concur with those recommendations. with respect to the provisions',
'in the above house and senate reports that specifically allocate funds that are not allocated by formula in the underlying',
'statute or identified in the budget justifications, the conferees have reviewed each and have included those in which they concur',
'in this joint statement. none of the appropriations provided herein are contingent upon any subsequent actions by the congress or',
'the president. the departments of labor, health and human services and education and related agencies appropriations act, fiscal year 1996,',
'put in place by this bill, incorporates the following agreements of the managers: title i department of labor employment and',
'training administration training and employment services the conference agreement includes $4,146,278,000, instead of $3,108,978,000 as proposed by the house and',
'$4,322,278,000 as proposed by the senate. the agreement includes $625,000,000 for the summer youth employment program, instead of $635,000,000 as',
'proposed by the senate and no funding as proposed by the house. the conference recognizes that in many high unemployment',
'and high poverty areas, the number of low income youth seeking summer employment far exceeds the number of job opportunities.',
'the conference also recognizes, however, that the current federally funded summer jobs program has not lived up to its potential',
'for providing meaningful work experience and teaching solid job skills to such youth. the conference is also aware that the',
'relevant authorizing committees are developing job training reform legislation to consolidate over 90 separate programs and to block grant funds',
'and authority to states and localities. the conference, therefore, considers funds for the fiscal year 1996 summer jobs program to',
'be transition funding in future years to be folded into the new consolidated block grants for at risk youth. governors',
'and localities will have considerable flexibility to use these funds in subsequent years to develop meaningful programs for at risk',
'youth that teach youngsters job skills in demand and sound work habits; that are closely linked to the needs of',
'employers; andthat offer integrated work and academic learning opportunities to youth who demonstrate a willingness to learn and responsible behavior.',
'the agreement includes an amount of $2,500,000 for the fiscal year 1996 paralympic games, instead of $5,000,000 as proposed in',
'the house and senate bills. these funds will be used by the organizer of the games for the following activities',
'prior to, during, and immediately following the games: 1 training and employment costs of volunteers working in the games; 2',
'training and staff costs for the days of the games; 3 training and travel for officials of the games. the',
'grantee shall provide such information as shall be required by the department of labor, including a detailed statement of work',
'and budget, and financial reports providing a breakout of the costs of the activities performed under the grant. the conferees',
'have also provided funding for the paralympic games in the department of education and in the social security administration. the',
'agreement includes language to permit service delivery areas to transfer funds between titles ii b and ii c of the',
'job training partnership act, with the approval of the governor of the state. the house and senate bills only permitted',
'the transfer to take place from title ii c to title ii b. in addition, the agreement permits the transfer',
'of funds between title ii a and title iii of the act as proposed by the senate, instead of permitting',
'the transfer of funds between all title ii programs and title iii as proposed by the house. it is the',
'intent of the conferees that in committing national reserve account funds appropriated under title iii of the job training partnership',
'act, the secretary of labor encourage governors to contract, where possible, with the private sector for the provision of outplacement',
'services to federal employees seeking employment in the private sector. the conferees have included funds to continue the national occupational',
'information coordinating committee noicc and its affiliated state committees during the anticipated transition to a new administrative structure proposed in',
'pending authorizing legislation and urge that the departments of labor and education rely on noicc advice and personnel during this',
'transition. the conference agreement for the job training partnership act pilots and demonstrations maintains the current level for the microenterprise',
'grants program and the american samoan employment and training program, and includes the level recommended in the senate report accompanying',
'h.r. 2127 for an industrial employment program for the disabled. community service employment for older americans the conference agreement includes',
'$373,000,000, instead of $350,000,000 as proposed by both the house and the senate. the agreement earmarks 22 percent of the',
'funds for the states and 78 percent for national contractors as proposed by the senate, instead of 35 percent for',
'the states and 65 percent for the contractors as proposed by the house. state unemployment insurance and employment service operations',
'the conference agreement includes $110,000,000 for the one stop career centers program as proposed by the senate, instead of $92,000,000',
'as proposed by the house. payments to the unemployment trust fund and other funds rescission the conference agreement rescinds $266,000,000',
'from this account as proposed by the senate, instead of $250,000,000 as proposed by the house. employment standards administration salaries',
'and expenses the conference agreement includes $266,644,000, instead of $255,734,000 as proposed by the house and the senate. occupational safety',
'and health administration salaries and expenses the conference agreement includes $304,984,000, instead of $280,000,000 as proposed by the house and',
'$288,985,000 as proposed by the senate. it is the intent of the conferees that the occupational safety and health administration',
'give high priority to effective voluntary cooperative efforts such as the voluntary protection program. departmental management salaries and expenses the',
'conference agreement includes $141,350,000, instead of $136,300,000 as proposed by the house and $140,380,000 as proposed by the senate. additional',
'funding is provided to avoid lengthy staff furloughs in the benefits review board. the conferees have provided $8,900,000 for the',
'bureau of international labor affairs. this amount includes full funding for activities to combat international child labor problems as outlined',
'in the senate report on h.r. 2127. the conferees understand that there is some question concerning the funding level for',
'ilab needed to avoid personnel furloughs. the conferees reiterate that they have provided transfer authority to the secretary to deal',
'with such exigencies and encourage him to propose reprogramming of funds if necessary to avoid furloughs. in addition, the agreement',
'includes language proposed by the senate to restrict certain activities of the office of the solicitor and the benefits review',
'board with respect to cases under the longshore and harbor workers compensation act. the language provides that if the board,',
'prior to september 12, 1996, fails to act on any longshore decision that has been appealed to it and has',
'been pending before it for more than 12 months, the decision shall be considered affirmed by the board on that',
'date and shall be considered the final order of the board for purposes of obtaining a review in the u.s.',
'courts of appeal. further, beginning on september 13, 1996, the board shall decide all appeals under the longshore act not',
'later than one year after the appeal was filed; if the board fails to do so, then the decision shall',
'be considered the final order of the board for purposes of obtaining a review in the u.s. courts of appeal.',
'the petitioner has the option to continue the proceeding before the board for a period of 60 days; if no',
'decision is made during that time, the decision shall be considered the final order of the board for purposes of',
'obtaining a review in the u.s. courts of appeals. the house bill had no similar provision. the language is not',
'applicable to the review of any decisions under the black lung benefits act. the conferees intend that, to the extent',
'possible, funding for technical assistance and training for local displaced homemaker programs should not be reduced by more than the',
'overall percentage reduction for the womens bureau. the conferees support the ongoing efforts to rid the international brotherhood of teamsters',
'of organized crime influence pursuant to the consent decree. consistent with direction provided in both the house and senate committee',
'reports on the fiscal year 1996 appropriations bill, the conferees provide that up to $5,600,000 of the amounts available for',
'obligation to the department of labor during fiscal year 1996 may be allocated for this purpose, subject to normal reprogramming',
'requirements of the committees. the conferees have agreed to include a fund transfer provision section 103 to give the department',
'more flexibility in managing its appropriations. however, the continuation of this provision in the future will depend on the departments',
'achieving and maintaining audited financial statements in accordance with the chief financial officers act of 1990 and office of management',
'and budget bulletin no. 93 06. general provisions the conference agreement includes a general provision proposed by the house modified',
'to set aside section 427 c of the job training partnership act in cases where a job corps center does',
'not meet national performance standards established by the secretary. the senate bill had no similar provision. section 427 c prohibits',
'the department of labor from contracting with a private contractor to operate a job corps civilian conservation center. the conference',
'agreement includes a general provision as proposed by the senate modified to prohibit the occupational safety and health administration and',
'the state programs that operate with federal funds from promulgating or issuing any proposed or final standard or guideline with',
'respect to ergonomic protection but permits the agency to conduct any peer reviewed risk assessment activity regarding ergonomics. the house',
'bill would have also prohibited the development of any standard or guideline and the recording and reporting of any occupational',
'injuries and illnesses related to ergonomic protection. title ii department of health and human services health resources and services administration',
'health resources and services the conference agreement appropriates $3,077,857,000 instead of $3,052,752,000 as proposed by the house and $2,954,864,000 in',
'regular funding and $55,256,000 in contingency funding as proposed by the senate. the conference agreement includes the legal citation for',
'the native hawaiian health care program as proposed by the senate. the house bill did not include the citation. the',
'conferees have increased funding for the consolidated health centers line so that health care activities funded under the native hawaiian',
'health care program can be supported under the broader health centers line if the agency feels it is appropriate. the',
'conference agreement includes an additional $62,700,000 over fiscal year 1995 for title ii of the ryan white aids care act',
'for a total funding level of $260,847,000. the house bill included an increase of $52,000,000 over the fiscal year 1995',
'level. the senate amendment provided the additional $52,000,000 but as part of its contingent funding section. the conference agreement incorporates',
'bill language in the senate amendment that would make clear that the $52,000,000 is to be used for the aids',
'drug assistance portion of title ii and distributed according to the current formula. the conference agreement also identifies in bill',
'language the amounts appropriated for titles i and ii of the ryan white aids care act as provided in the',
'house bill. the conference agreement does not include $3,256,000 in contingency funding for the national health service corps nhsc as',
'proposed by the senate. the conference agreement provides $115,745,000 in non contingent funding. the house bill did not include contingent',
'funding for nhsc. the conference agreement includes language as proposed by the house limiting new cities entering the title i',
'ryan white program to those permitted in the pending reauthorization bill. the senate amendment had no similar provision. the conference',
'agreement includes language holding the formula grant funding for current title i grantees under the ryan white aids care act',
'to no less than 99 percent of their fiscal year 1995 funding level by reallocating supplemental grant funds. the senate',
'amendment included a hold harmless provision assuring 100 percent of the fiscal year 1995 funding level in fiscal year 1996',
'for current title i grantees. the house bill had no comparable provision. the conference agreement deletes language proposed in the',
'senate amendment and last years bill identifying funding for area health education centers and overriding set asides in the authorizing',
'statute pertaining to the types of centers that may be funded. the house bill had no comparable provision. the conferees',
'understand that this language is no longer necessary. the conference agreement modifies a technical legal citation contained in both the',
'house bill and senate amendment pertaining to the federal tort claims act. the conferees intend that the agency may use',
'up to $3,000,000 of the funding provided for the national health service corps for state offices of rural health. the',
'conferees strongly believe that the family planning program should be formally administered, as well as funded, in the health resources',
'and services administration as a separate program within the office of the administrator, but have chosen to leave the decision',
'regarding administration to the secretary and have not mandated the transfer. the conferees include $20,000,000 for health care facilities grants,',
'of which $10,000,000 is designated for the facility requested in the presidents fiscal year 1996 budget, and $10,000,000 is designated',
'for items identified in the senate report accompanying the amendment to h.r. 3019 pertaining to oral health care and health',
'care for disadvantaged women. also included as part of this second $10,000,000 is funding to improve rural health care access.',
'centers for disease control and prevention disease control, research, and training rescission full year funding for the centers for disease',
'control and prevention cdc was provided in p.l. 104 91, the continuing resolution enacted january 6, 1996. the conference agreement',
'includes language as proposed by the house rescinding obligated, but unexpended, balances from grants to states in fiscal years 1993,',
'1994, and 1995 for immunization activities. the agreement includes language as proposed by the house providing authority to transfer funds',
'available from the sale of surplus vaccine from the vaccine stockpile to other activities within the jurisdiction of the agency,',
'with prompt notification of congress of any transfer. these two provisions were included in nearly identical form in sections 209',
'and 211 of the senate amendment. the conference agreement incorporates one technical citation change on the second provision contained in',
'the senate amendment. the conferees are agreed that funding for the research and training activities of the national institute for',
'occupational safety and health has been provided on a consolidated basis as proposed by the senate. the table printed in',
'the congressional record accompanying h.r. 3019 as passed by the house had allocated funds separately for research and training activities.',
'the conferees are supportive of cdc proceeding with a school based immunization demonstration program to carry forward the recommendations of',
'the advisory committee on immunization practices for early adolescents, to the extent this is possible using available funds, including section',
'317 carryover funds. the conferees are aware of the benefits of community health promotion programs that control the spread of',
'infectious diseases, reduce chronic disease, and lower risk factors and encourage the director to support activities to evaluate innovative health',
'information dissemination programs for the development of models for public outreach and professional development. the conferees intend that as cdc',
'applies the $31,000,000 administrative reduction that was included in p.l. 104 91 providing full year funding for the agency that',
'equipment expenditures be included in the definition of administrative expenses. the conferees confirm their understanding that the national immunization survey',
'will be continued in fiscal year 1996. national institutes of health the national institutes of health nih were funded for',
'the full year in p.l. 104 91, the continuing resolution enacted january 6, 1996. the conferees have specifically endorsed the',
'following initiatives mentioned in the senate report: a the neurodegenerative disorders initiative within the office of the director; b the',
'office of rare disease research program; c the institutional development award program idea grant program; and d the office of',
'dietary supplements program. of the $20,000,000 provided within the national center for research resources for extramural facility construction, the conferees',
'intend that $2,500,000 be reserved for construction and renovation projects at qualified regional primate centers. the conferees are very supportive',
'of the efforts of the national institute on aging to enhance research on alzheimers disease and urge the institute to',
'consider it a top priority. the conferees understand that promising research opportunities in the neuroscience of alzheimers disease exist, including',
'research on the formation and maintenance of synapses, the mechanisms of beta amyloid formation, and the biochemical action mechanisms of',
'drugs used in the treatment of alzheimers disease. the institute is strongly encouraged to focus additional attention on these promising',
'areas, including consideration of expanding the number of alzheimers disease research centers. the conferees are supportive of expanding alternative resources',
'to the use of animals, particularly through ensuring regular access to human tissues and organs. the conferees recommend that the',
'director of nih give consideration to establishing a multi institute initiative to support an expanded human tissue resource and ensure',
'that the needs of the scientific community can be served. the conferees are agreed that sufficient funds have been provided',
'within the office of the director to provide core support for the national bioethics advisory commission. the conferees intend nih',
'to hold administrative costs within the research management and support category to 7.5 percent below fiscal year 1995 levels with',
'an additional 2.5 percent reduction to congressional and public affairs functions as indicated in the house report on h.r. 2127.',
'however, the conferees do not intend that public education programs that are placed within the research management and support budget',
'of some institutes be considered part of the cost pool to be reduced. the conferees request nih to expeditiously complete',
'review of its intramural primate facilities and promptly begin the surplusing of those facilities nih deems to be excess property.',
'public law 104 91, which provided full year funding for the national institutes of health, includes $26,598,000 for the office',
'of aids research oar , including $10,000,000 for the directors emergency discretionary fund authorized by section 2356 of the public',
'health service act. funding for aids research for fiscal year 1996 was provided in the manner set forth in h.r.',
'2127 as passed by the house, which provided appropriations to each institute including funding for aids. the bill as reported',
'in the senate had appropriated funds for aids research to the office of aids research, as had been done in',
'fiscal year 1995. the conferees are agreed that the fiscal year 1996 funding structure for aids research activities of the',
'nih is not a precedent for the allocation of aids research funding for fiscal year 1997. the conferees continue to',
'strongly support the critical work of the director of the oar to coordinate the scientific, budgetary, legislative, and policy elements',
'of the nih aids research program and agree that the funding structure for aids research in fiscal year 1996 should',
'not diminish this important responsibility. the conferees note that section 212, providing 3 percent transfer authority within the total identified',
'by the nih for aids research, enhances the directors authority to ensure that aids research supported by the nih is',
'carried out in accordance with the aids research plan. substance abuse and mental health services administration the conference report provides',
'$1,883,715,000 for the substance abuse and mental health services administration, of which $275,420,000 is provided for the mental health block',
'grant, and $1,234,107,000 is provided for the substance abuse block grant. the agreement also funds consolidated substance abuse treatment and',
'substance abuse prevention demonstration programs at $90,000,000 each. the house bill included $1,883,715,000 and the senate bill included $1,800,469,000. the',
'conferees understand that samhsa has undertaken an agency reorganization to streamline administrative functions. in addition, the agency will begin implementation',
'of new knowledge development and application kda grants in fiscal year 1996. the conferees continue to encourage samhsa to focus',
'on evaluation and reporting of outcomes for activities funded under the block grants, demonstrations and kdas. the conferees understand that',
'kda grants will generally fund applied research and evaluation, not services. the agreement specifically directs that any kda grant include',
'a plan to measure and publicly report outcomes relating to the grantees stated goals and, where relevant, the incidence of',
'substance abuse among individuals studied. the conferees strongly encourage samhsa to aggressively and effectively disseminate the results of kda grants',
'and to integrate these results into services funded in whole or in part by the federal block grants as well',
'as non federally funded substance abuse and mental health services. in determining the allocation of funding to existing substance abuse',
'demonstration projects, the conferees encourage the agency to give full consideration to those projects which impact pregnant women and children.',
'the conferees recommend that in awarding kda grants to eligible grantees the secretary give priority to the development of knowledge',
'and specific interventions that improve the quality and access to services in areas where there is a high incidence of',
'substance abuse and mental illness coupled with other contributing conditions such as high rates of co morbidities, particularly hiv infection,',
'long waiting lists for treatment, or homelessness. agency for health care policy and research health care policy and research the',
'conference agreement provides a total funding level of $125,310,000 as proposed by the house instead of $128,470,000 as proposed by',
'the senate. of this amount, $65,186,000 is provided in federal funds and $60,124,000 is provided through one percent evaluation funding.',
'the house bill provided $94,186,000 in federal funds and $31,124,000 in one percent funding, while the senate amendment provided $65,390,000',
'in federal funds and $63,080,000 in one percent evaluation funding. health care financing administration program management the conference agreement makes',
'available $1,734,810,000 as proposed by the house instead of $2,111,406,000 as proposed by the senate and provides an additional $396,000,000',
'within title vi of the bill for payment safeguard activities, providing total program management funding of $2,130,810,000. the senate amendment',
'had no comparable title vi provision. the funding in title vi would be canceled if there is a subsequent appropriation',
'enacted for medicare contractors in an authorizing bill. the conferees strongly encourage medicare contractors to promptly purchase and utilize commercially',
'available automated data processing systems designed to detect abusive medicare billings. the conferees encourage the health care financing administration to',
'conduct a demonstration program to evaluate whether cardiac case management of patients suffering from congestive heart failure would increase the',
'quality of care delivered and patient satisfaction, as well as deliver such care in a more cost effective manner than',
'current practice. the conferees specifically endorse the following: a no funds may be used for implementation of the medicare/medicaid data',
'bank as mentioned in the house report; b hcfa is encouraged to give full and fair consideration to a proposal',
'to develop a comprehensive health care information management system that would link patient care data across the full range of',
'health care as mentioned in the senate report. administration for children and families low income home energy assistance program including',
'rescission the conference agreement provides a rescission of $100,000,000 in previously appropriated 1996 funding as recommended in the house and',
'senate bills. total fiscal year 1996 funding for the low income home energy assistance program liheap is $900,000,000. the conferees',
'intend that up to $22,500,000 of the amounts provided for liheap for fiscal year 1996 be used for the leveraging',
'incentive fund. the conference agreement provides $300,000,000 for the contingency fund for fiscal year 1997, instead of providing that amount',
'for fiscal year 1996 as proposed by the senate. the agreement also extends the availability for another year of any',
'funds remaining unobligated in the contingency fund at the end of fiscal year 1996. finally, the agreement does not provide',
'advance fiscal year 1997 funding for the liheap program, the same as the house bill and $1,000,000,000 less than the',
'senate bill. funding for fy 1997 will be considered as part of the regular fiscal year 1997 appropriations bill. refugee',
'and entrant assistance the conference agreement provides $402,172,000 for refugee and entrant assistance programs, instead of $397,872,000 as proposed in',
'both the house and senate bills. the agreement includes $55,397,000 for the targeted assistance program, an increase of $4,300,000 above',
'the amount provided in the house and senate bills and the same amount provided in fiscal year 1995. the conferees',
'expect that domestic health assessment activities within the preventive health program will be administered in accordance with the decisions of',
'the secretary of health & human services and direct the department to notify the appropriations committee of such decisions in',
'a timely manner. the conferees agree to the allocation of targeted assistance contained in the house report 104 209. social',
'services block grant the conference agreement provides a mandatory appropriation for the social services block grant of $2,381,000,000. the house',
'bill provided $2,520,000,000, and the senate bill provided $2,310,000,000. children and families services program the conference agreement includes $4,788,364,000, instead',
'of $4,715,580,000 as proposed by the house and $4,743,604,000 as proposed by the senate. the conferees agree with language in',
'senate report 104 145 which would allocate $1,500,000 under the developmental disabilities program for the fifth year of a 5',
'year demonstration project known as transition and natural supports in the workplace. it has come to the attention of the',
'conferees that eligible community development corporations serving remote rural areas have encountered difficulty in meeting some of the criteria for',
'competing for community economic development ced grants. the conferees strongly urge the office of community services to adjust the criteria',
'used in evaluating applications to take into account the unique aspects of job creation in remote rural areas, particularly as',
'they relate to cost per job requirements. with respect to head start, the conference agreement does not include $250,000 proposed',
'in senate report 104 145 to continue a demonstration program to train head start teachers in scientific principles. no funds',
'were included for the program in the house bill. with respect to the transitional living program for runaway and homeless',
'youth, the conferees are agreed that the increase provided over the fiscal year 1995 amount shall be for nine grantees',
'whose grants expired in september, 1995 and who were unable to compete for fiscal year 1996 grants because of a',
'departmental administrative oversight. the conference agreement includes an earmark of $435,463,000 for the community services block grant act as proposed',
'by the senate. the house had earmarked the same amount in a different manner. administration on aging aging services programs',
'the conference agreement includes $829,393,000, instead of $801,232,000 as proposed by the house and $831,027,000 as proposed by the senate.',
'the agreement eliminates as separate line items the ombudsman program and the prevention of elder abuse program. funds for these',
'programs are earmarked in the bill within the supportive services and centers line item at the fiscal year 1995 level.',
'the agreement includes a legislative provision as proposed by the senate that would prevent any state from having its administrative',
'costs under title iii of the older americans act reduced by more than five percent below the fiscal year 1995',
'level. the house had no similar provision. the conference agreement includes three specific funding levels identified in senate report 104',
'145 with respect to the aging research program. office of the secretary general departmental management the conference agreement includes $146,127,000,',
'instead of $143,127,000 as proposed by the house and $137,127,000 as proposed by the senate. the conferees have included an',
'additional $2,000,000 for the office of the secretary of the department of health and human services. the conferees intend that',
'none of these additional funds shall be available to the office of intergovernmental affairs, the immediate office of the assistant',
'secretary for health, the office of the assistant secretary for legislation or the office of the assistant secretary for public',
'affairs. the secretary is requested to notify the appropriations committees of any employees detailed into these offices. the conferees commend',
'the secretary for the recent reorganization of her office and her decision to replace the office of the assistant secretary',
'for health with a smaller office which would serve as the senior advisor for health policy. the conferees direct that',
'the secretary provide the appropriations committees with the estimated funding levels and fte levels for each of the individual offices',
'for fiscal year 1996 funded from this account as soon as possible after enactment of this bill. the conferees are',
'agreed that funds are to be made available to the office of womens health from funds available to the department',
'to carry out development and implementation of the national womens health clearinghouse. sufficient funds have been included by the conferees',
'for the continuation of the existing human services transportation technical assistance program at the fiscal year 1995 funding level. the',
'agreement does not include a legal citation for the national vaccine program as proposed by the senate. the house bill',
'included no citation. no funding is provided within this account for this program. the agreement includes a house provision identifying',
'$7,500,000 for extramural construction within the office of minority health. the senate bill did not include this provision. office of',
'inspector general the conference agreement includes total funding for the office of inspector general of $79,162,000 as proposed by the',
'senate instead of $73,956,000 as proposed by the house. of the total amount, $43,000,000 is provided in title vi of',
'the labor hhs education appropriations act as proposed by the house, and the balance of the funds are provided in',
'this account. the agreement includes language proposed by the senate, not included by the house, which would allow the inspector',
'general to expend funds transferred to it by the departments of justice or treasury or the postal service as a',
'result of asset forfeitures. the forfeitures would be from investigations in which the ig participated. public health and social services',
'emergency fund the conference agreement includes $9,000,000 for the emergency fund as proposed by the senate. the house bill included',
'no provision for this. with respect to the $2,000,000 identified for the implementation of clinical trials related to the early',
'detection of breast cancer, the conferees are agreed that those departmental agencies and institutes with substantial experience and expertise in',
'these matters must be directly involved in the administration of this effort. general provisions the conference agreement includes a limitation',
'in the house bill which prohibits the use of funds for a statutory set aside earmarking the first $5,000,000 of',
'any funds appropriated for nih extramural facility construction for primate centers. instead, the conferees have reserved $2,500,000 of the nih',
'funds provided for extramural construction for primate centers. the senate amendment had no similar provision. the conference agreement includes a',
'provision limiting the amount of one percent evaluation set aside funding that can be tapped from the public health service',
'agencies to amounts identified in the conference report prior to a report to congress. the agreement also includes language prohibiting',
'other taps and assessments unless reported to congress. the house bill and the senate amendment had similar language for the',
'first provision; the house bill included language similar to the second provision. the conference agreement includes a general provision as',
'proposed by the house that prohibits the funding of the federal council on aging and the advisory board on child',
'abuse and neglect. the senate had no similar provision. the conference agreement deletes language included in the senate amendment pertaining',
'to a rescission of centers for disease control and prevention cdc funding and a reallocation of funds in the agencys',
'vaccine stockpile surplus. these provisions were included under a cdc heading in the house bill, which is reflected in the',
'conference agreement. transfer of funds the conference agreement includes a general provision as proposed by the house that would authorize',
'the department of health and human services to transfer up to one percent of funds in any appropriation account to',
'any other account in the department, provided that the receiving account is not increased by more than three percent thereby',
'and that the appropriations committees are notified at least 15 days in advance of any transfer. the senate had no',
'similar provision. the conferees have agreed to include this transfer provision to give the department more flexibility in managing its',
'appropriations. however, the continuation of this provision in the future will depend on the departments achieving and maintaining audited financial',
'statements in accordance with the chief financial officers act of 1990 and office of management and budget bulletin no. 93',
'06. transfer of funds the conference agreement includes language permitting the director of the national institutes of health jointly with',
'the director of the office of aids research to transfer up to 3 percent among the institutes, centers, and the',
'national library of medicine from the total identified in their apportionment for aids research. the transfer must take place within',
'30 days of enactment of the act and congress is to be promptly notified. the house bill and the senate',
'amendment had similar provisions. the conference agreement includes a provision in the house bill permitting the national library of medicine',
'at the national institutes of health to enter into personal services contracts. the senate amendment had no similar provision. the',
'conference agreement deletes without prejudice a general provision proposed by the senate that would deem an afdc waiver submitted by',
'the state of texas under section 1115 of the social security act approved upon the date of enactment of this',
'act, notwithstanding the secretarys authority to approve the application. the house had no similar provision. the conference agreement includes a',
'provision in the senate amendment requiring the secretary of health and human services to reimburse medicaid claims for state operated',
'psychiatric hospitals between december 31, 1993 and december 31, 1995 that the secretary would otherwise intend to defer for reimbursement.',
'the provision caps the total amount of claims that could be reimbursed at $54,000,000. the conferees added a provision establishing',
'a new medicaid matching formula for a state highly affected by disproportionate share hospital payments, effective for state fiscal years',
'1996 97 and 1997 98. the house bill had no similar provisions. the conferees are aware of a number of',
'outstanding medicaid issues which could not be addressed in this bill. of particular concern is the 100 percent cap on',
'funding for public hospitals as well as the dilemma faced by several states that have included a modified federal matching',
'payment in their fiscal year 1997 budgets, reflecting the effort made by the congress in medicaid reform to address the',
'current inequity faced by states with rates between 40 and 50 percent. the conferees understand the difficulties that many state',
'medicaid programs are experiencing, and urge that these important matters be addressed expeditiously by the authorizing committees. title iii department',
'of education education reform the conference agreement includes $530,000,000 for education reform programs. included in this amount is $350,000,000 for',
'the goals 2000: educate america act and language, proposed by the house, which prohibits the use of funds for goals',
'2000 national programs. also included is $180,000,000 for school to work programs. the house bill provided $484,500,000 for education reform',
'activities, including a contingent appropriation of $389,500,000. the senate amendment provided $536,000,000 and included $151,000,000 in fiscal year 1997 funding.',
'the conference agreement amends the goals 2000: educate america act. specifically, the agreement includes language in title vii of the',
'bill which: permits school districts, in states that elect not to participate in the goals 2000 program, to apply directly',
'to the secretary of education for goals 2000 funding, if the state education agency approves; eliminates the requirement that states',
'submit their improvement plans to the secretary of education for approval; deletes the requirement for the composition of state and',
'local panels that develop state and local improvement plans; eliminates the national education standards and improvement council; removes the requirement',
'for states to develop opportunity to learn standards; clarifies that no state, local education agency, or school shall be required,',
'as a condition of receiving assistance under this title to provide outcomes based education, or school based health clinics; and',
'clarifies that nothing in the goals 2000 legislation will require or permit any state or federal official to inspect a',
'home, judge how parents raise their children, or remove children from their parents. the conferees agree that a state education',
'agency must give approval in order for a local educational agency to apply to the secretary of education for funding.',
'a state educational agency is permitted to make a blanket approval or disapproval regarding the participation of local education agencies.',
'regarding the provision on alternatives to secretarial approval of state plans, the conferees agree that submission of such report and',
'notification of amendments to previous state plans meets the requirements of section 306. the conferees agree that local education agencies,',
'as part of their school improvement plan, can use their goals 2000 funds for the acquisition of computer technology and',
'the use of technology enhanced curricula and instruction. the department of education is encouraged to advise states that their goals',
'2000 funds may be used for this purpose. the conference agreement includes a provision, proposed by the senate, which authorizes',
'the secretary of education to grant up to six additional state education agencies authority to waive federal statutory or regulatory',
'requirements for fiscal year 1996 and succeeding fiscal years. the house bill contained no similar provision. education for the disadvantaged',
'the conference agreement includes $7,228,116,000 for education for the disadvantaged of which $1,298,386,000 becomes available on october 1, 1996for academic',
'year 1996 97. the house provided an appropriation of $6,049,113,000 for this activity and a contingent appropriation of $961,000,000 for',
'a total funding level of $7,010,113,000. the senate amendment provided a fiscal year 1996 appropriation of $6,513,511,000 and a fiscal',
'year 1997 appropriation of $814,489,000 for a total funding level of $7,328,000,000. with respect to the fiscal year 1997 funding,',
'it is the intent of the conferees to provide all funding for title i for the 1997 98 school year',
'through the appropriation of fiscal year 1997 funds in the fiscal year 1997 labor, health and human services, and education',
'and related agencies bill. the conferees intend that the committee work to adjust the fiscal year 1997 602 b allocations',
'such that title i can be returned to a normal appropriations and obligation pattern. the conference agreement provides that up',
'to $3,500,000 of title i funds be made available to the secretary to obtain local education agency level census poverty',
'data from the bureau of the census. the agreement does not include provisions, included in the house bill, which would',
'have overridden the provisions of title i regarding minimum state grants and language which would have eliminated a state option',
'to reserve a portion of their title i funds for school improvement activities. impact aid the conference agreement provides $693,000,000',
'for the impact aid program, the same as the house bill and an increase of $1,841,000 over the senate amount',
'of $691,159,000. in combination with the $35,000,000 provided for impact aid in p.l. 104 61, this appropriation provides a total',
'of $728,000,000 for impact aid in fiscal year 1996, the same amount provided by congress in fiscal year 1995. within',
'the total provided, the conference agreement includes $581,707,000 for basic support payments, $1,304,000 less than the house bill amount of',
'$583,011,000 and $537,000 above the senate bill level of $581,170,000. the agreement also includes $16,293,000 for payments for federal property,',
'an increase of $1,304,000 over both the house and senate bill amounts of $14,989,000. the conference agreement modifies a provision',
'proposed by the senate section 306 regarding unobligated impact aid construction funds. the agreement provides that one half of such',
'unobligated funds shall be awarded for the construction of public elementary or secondary schools on indian reservations, and that one',
'half of such funds shall be made available to school districts with military impact according to section 8007 of the',
'elementary and secondary education act as amended. school improvement programs the conference agreement includes $1,223,708,000 for school improvement programs. the',
'house bill provided $946,227,000 for programs in this account. the senate provided $1,156,987,000 including $208,000,000 in fiscal year 1997 appropriations.',
'the conferees specifically provide for the following activity included in the senate report: the funds provided for the education of',
'native hawaiians are allocated as follows: curricula development, teacher training and recruitment. $1,500,000 community based education learning centers 800,000 hawaiian',
'higher education programs 1,400,000 gifted and talented program 1,200,000 special education programs 1,200,000 native hawaiian education council and island councils',
'300,000 family based education centers 5,600,000 the agreement provides $465,981,000 for safe and drug free schools and communities instead of',
'the $400,000,000 provided by both the house and senate bills. this funding level, the same as in fiscal year 1995,',
'provides for $440,981,000 for state grants and $25,000,000 for national programs. bilingual and immigrant education the conference agreement provides $178,000,000',
'for bilingual and immigrant education instead of the $150,000,000 provided in the house and senate bills. the conferees provided no',
'funding for support services or professional development activities given their belief that funds should be focused on the education of',
'students and the other funding sources available to the secretary to fund these activities. however, if the secretary feels that',
'funding these activities within this account is justified, the two committees will consider a reprogramming request from the department. special',
'education the conference agreement includes $3,245,447,000 for special education programs, the same amount recommended by both the house and senate',
'bills. the conferees have also modified a provision proposed by the senate to enable the republic of the marshall islands,',
'the federated states of micronesia, and the republic of palau to be eligible to receive both formula and discretionary grants.',
'the agreement also includes language proposed by the senate that permits the department of education to distribute funding to the',
'federal center and regional centers in proportion to the funding levels made available in the previous fiscal year. the conferees',
'agree that centers for the deaf under post secondary education programs should be awarded on a competitive basis instead of',
'continuing the four existing centers as proposed in the senate report. rehabilitation services and disability research the conference agreement includes',
'$2,456,120,000 for rehabilitation services and disability research instead of the $2,452,620,000 proposed in both the house and senate bills. the',
'conference agreement includes $7,000,000 to support the department of educations portion of the fiscal year 1996 paralympic games through funding',
'the atlanta paralympic organizing committee. the house bill included $4,500,000 while the senate bill contained no similar provision. the grantee',
'shall provide such information as shall be required by the department of education, including a detailed statement of work and',
'budget, and financial reports providing a breakout of the costs of the activities performed under the grant. the conferees have',
'also provided funding for the paralympic games in the department of labor and in the social security administration. the conferees',
'increased funding for this account by $1,000,000 and direct the department to use these funds to enable the two active',
'regional head injury centers first funded in 1992 to continue serving as national resources to assist the states in improving',
'the quality and cost effectiveness of services for victims of traumatic brain injury. the conferees direct the rehabilitation services administration',
'to work with the staffs of these regional centers to further develop plans of operation, including appropriate methods of organizing',
'and coordinating state, private provider and victim support resources to improve the quality of traumatic brain injury services and for',
'disseminating this information on a national basis. the centers are to work with the department to present to the committees,',
'by september 30, 1996, an evaluation plan of the present and planned services of the centers and, upon approval, to',
'implement the plan. in addition, the department is instructed to work with the centers to develop a funding strategy that',
'will eliminate the need for further federal funding for this national demonstration activity and to report to the committees with',
'such a plan by september 30, 1996. vocational and adult education the conference agreement provides $1,340,261,000 for vocational and adult',
'education. the house bill provided $1,257,134,000 while the senate bill included $1,340,638,000. the conference agreement eliminates the requirement for the',
'establishment of state vocational education councils as a condition of receiving funding under the carl d. perkins vocational and applied',
'technology education act. while the conferees have eliminated funding for state councils, the conferees have no objection to states using',
'a portion of their vocational education funds for state councils or human resource investment councils. the conference agreement includes $4,723,000',
'for prisoner literacy programs, instead of $5,100,000 as proposed by the senate. the house bill contained no similar provision. student',
'financial assistance the conference agreement specifies appropriations for student financial assistance in titles i and iii of the act. in',
'the aggregate, the agreement appropriates $6,258,587,000, instead of $6,643,246,000 as proposed by the house and $6,165,290,000 together with $90,000,000 in',
'contingent funding as proposed by the senate. the conference agreement sets the maximum pell grant at $2,470, an increase of',
'$30 over the house passed maximum grant of $2,440 and $30 below the $2,500 maximum grant in the senate bill.',
'the maximum grant of $2,470 is the highest maximum grant ever provided. in the aggregate, the agreement provides $4,914,000,000 in',
'new budget authority for the pell grant program. this amount combined with $1,304,000,000 in funding which carries forward from previous',
'years, makes available $6,218,000,000 in budget authority for pell grants in fiscal year 1996. the senate bill included $4,814,000,000 and',
'the house bill included $5,423,331,000. the conference agreement places a cap of 3,650,000 on pell grant participants in the 1995',
'1996 school year, as proposed by the house instead of 3,634,000 as proposed by the senate. this cap will not',
'deny awards to any eligible students and has been imposed to reflect the actual number of students receiving grants and',
'actual program costs. the conference agreement provides $93,297,000 for new contributions to institutional revolving loan funds, an increase of $93,297,000',
'over the house bill which did not provide new capital contributions and a decrease of $64,703,000 below the senate bill',
'level of $158,000,000. the conference agreement provides $31,375,000 for state student incentive grants, a decrease of $32,000,000 below the senate',
'bill level of $63,375,000. the house bill did not provide funding for this program. the conferees have provided this funding',
'with the understanding that no new funding will be provided for the program in fiscal year 1997. the conferees reiterate',
'that all states have participated in this program since 1978, a sufficient period of time to develop independent and self',
'sufficient state grant programs. according to the department of education, the federal appropriation for state student incentive grants represent less',
'than 2.5% of total state student assistance. the conferees believe that states have operated this program with a combination of',
'state and federal funds for several years, and the termination of federal support for this program should not result in',
'the termination or substantial downsizing of continuing state grant programs. higher education the conference agreement provides $836,964,000 for higher education',
'programs, the same amount included in the house and senate bills. the agreement includes a provision proposed by the senate',
'requiring the department to award the same number of new byrd scholarships in fiscal year 1996 as were awarded in',
'fiscal year 1995 and to prorate downward the amounts for new and continuing byrd scholarships to accommodate the awarding of',
'new scholarships. the house bill did not include a similar provision. howard university the conference agreement provides $182,348,000 for howard',
'university, an increase of $7,677,000 over the amount provided in both the house and senate bills. the agreement includes $152,859,000',
'for the academic program, $7,677,000 more than the amount in the house and senate bills, and $29,489,000 for the university',
'hospital, the same amount provided in the house and senate bills. the agreement also allows the university to use a',
'part of its academic program appropriation for the endowment at its discretion. the conferees direct that howard notify the congress',
'of any transfer from the academic program to the endowment fund at least 15 days prior to execution of the',
'transfer. the agreement does not provide funding for the research or construction programs. education research, statistics and improvement the conference',
'agreement includes $351,268,000 for education research, statistics and improvement. the house bill included a fiscal year 1996 appropriation of $328,268,000',
'for this activity and a contingency appropriation of $23,000,000 for a total funding level of $351,268,000. the senate bill provided',
'a total funding level of $338,268,000 through a fiscal year 1996 appropriation of $328,268,000 and a fiscal year 1997 appropriation',
'of $10,000,000. the agreement includes a provision proposed by the house that prohibits the use of federal funds to fund',
'the goals 2000 community partnership program. the conference agreement earmarks $3,000,000 within the fund for the improvement of education as',
'proposed by the senate for programs such as those authorized by part e of title iii of the esea for',
'equipment and materials necessary for hands on instruction through assistance to state and local agencies. with respect to the regional',
'educational laboratories the agreement includes $51,000,000. the conferees note that the current laboratories contracts have removed substantial funds from the',
'programmatic control of the individual laboratories governing boards and pulled the laboratories programs of work away from the needs of',
'educators and policymakers in the ten individual laboratory regions. it is the intent of the conferees that no funds provided',
'be used for any purpose other than work that is determined by the priorities of the regional governing board of',
'each individual laboratory. all funds provided to the regional educational laboratories shall be allocated according to each laboratorys percentage of',
'the total amount that was provided to the ten regional educational laboratories by the department of education on december 11,',
'1995. any special services requested by the department of education, other than the oeri national educational research policy and priorities',
'board for the purpose of aiding their oversight of federal education research and development program, shall be provided only if',
'each regional educational laboratory agrees that the priorities are consistent with its mission and the costs of such special services',
'are reimbursed to each laboratory from the discretionary funds available to the department. further, the conferees direct the secretary to',
'survey each regional educational laboratory to establish that all funds provided serve the priority r & d needs identified by',
'the regional education board of each laboratory, document any resource allocation or work priority concerns reported by the laboratories and',
'provide a report of all concerns to the house and senate appropriations committees not later than january 31, 1997. the',
'agreement also includes a provision proposed by the senate that extends star school partnership projects that received continuation grants in',
'fiscal year 1996. due to the lateness in the fiscal year, conferees have provided that the funds provided for the',
'international education exchange program should be used to continue current grantees. the conferees have not provided funding for the extended',
'time and learning program. the senate bill had included $2,000,000 for this purpose. the house bill contained no similar provision.',
'libraries the conference agreement includes $132,505,000 for library programs instead of $131,505,000 as proposed by both the house and senate',
'bills. within the funds appropriated for library research and demonstration, the conferees have provided $1,000,000 for the survivors of the',
'shoah visual history foundation for a multi media project to document holocaust survivor testimony. the conferees acknowledge and support the',
'mission of the u.s. holocaust memorial council and the role the council plays in developing and coordinating programs relating to',
'the holocaust. the $1,000,000 contained in this bill are to supplement the work of the council. these funds have been',
'included for the survivors of the shoah visual history foundation project because of the extraordinary nature of the work and',
'contribution of mr. steven spielberg. the conferees concur with the view that this direct grant will put the imprimatur of',
'the u.s. government in a unique manner to repudiate any future claims that the holocaust never occurred. because of the',
'special nature of this grant, the conferees do not view this as a precedent for future requests. the conferees also',
'have provided $1,000,000 for the final phase of the portals demonstration project and, finally the conferees have provided $1,000,000 for',
'the national museum of women in the arts for activities associated with the archiving of works by women artists. general',
'provisions the conference agreement includes a general provision as proposed by the house that would prohibit the use of funds',
'appropriated in the bill for opportunity to learn standards or strategies. the senate had no similar provision. the conference agreement',
'includes language which reduces the fund available to the secretary for the administration of the student loan programs, as provided',
'under section 458 of the higher education act. section 458 provides mandatory spending for student loan administration in amounts which',
'exceed what the secretary needs for fiscal year 1996. by limiting the amount available to $436,000,000, compared to the $550,000,000',
'allowed by the higher education act, the agreement achieves savings of $114,000,000. to ensure appropriate scoring of this action by',
'the congressional budget office, the agreement also limits the authority in section 458 which would otherwise permit the secretary to',
'draw funds from fiscal year 1997 amounts into fiscal year 1996. the agreement further provides that the secretary will pay',
'to guaranty agencies the administrative cost allowances owed such agencies for fiscal year 1995 in the amount currently estimated, $95,000,000.',
'the agreement also provides that the secretary will calculate and pay administrative cost allowances for fiscal year 1996 at the',
'rate of 0.85 percent of the total principal amount of loans upon which insurance was issued on or after october',
'1, 1995. the estimated amount of such payments is $81,000,000. the agreement prohibits the secretary from requiring the return of',
'reserve amounts held by guaranty agencies in fiscal year 1996 except after consultation with the house and senate authorizing committees.',
'any such amounts returned must be deposited in the treasury to help reduce the deficit. no funds available to the',
'secretary may be used by the secretary to pay administrative fees to institutions participating in the federal direct student loan',
'program. the conference agreement restricts the authority of the secretary to hire advertising agencies or other third parties to provide',
'advertising services to the department for any student loan program. the committee does not intend this language to limit the',
'ability of the secretary to obtain outside assistance to develop and issue informational brochures or similar material for the programs',
'that help students, guidance counselors, student aid administrators, or others, learn such things as how the programs work or their',
'terms and conditions. the conference agreement includes a general provision as proposed by the house modified to prohibit the use',
'of funds appropriated in the bill for four specific boards and commissions currently funded by the department of education. the',
'senate had no similar provision. transfer of funds the conference agreement includes a general provision as proposed by the house',
'that would authorize the department of education to transfer up to one percent of funds in any appropriation account to',
'any other account in the department, provided that the receiving account is not increased by more than three percent thereby',
'and that the appropriations committees are notified at least 15 days in advance of any transfer. the senate had no',
'similar provision. the conferees have agreed to include this transfer provision to give the department more flexibility in managing its',
'appropriations. however, the continuation of this provision in the future will depend on the departments achieving and maintaining audited financial',
'statements in accordance with the chief financial officers act of 1990 and office of management and budget bulletin no. 93',
'06. title iv related agencies corporation for national and community service domestic volunteer service programs operating expenses the conference agreement',
'appropriates $198,393,000 for the domestic volunteer service programs, an increase of $2,123,000 over the house appropriation of $196,270,000 and a',
'decrease of $2,901,000 below the senate appropriation of $201,294,000. the agreement provides $41,385,000 for regular vista operations. no funding is',
'specifically provided for the vista literacy program, however, the conferees agree that funds may be used to conduct literacy activities',
'previously funded by the vista literacy program. federal mediation and conciliation service the agreement provides $32,896,000 for the federal mediation',
'and conciliation service, the same as the house bill and an increase of $500,000 over the senate bill. national labor',
'relations board the agreement provides $170,743,000 for the national labor relations board, instead of $167,245,000 provided in both the house',
'and senate bills. the agreement also deletes language proposed by the house concerning the issuance of section 10 j injunctions.',
'the agreement includes language to prohibit the agency from promulgating a final rule on the appropriateness of requested single location',
'bargaining units in representation cases. social security administration supplemental security income program the agreement provides $18,545,512,000 for the supplemental security',
'income program, a decrease of $49,500,000 below the senate bill and $208,322,000 below the house bill. of this amount, the',
'managers have provided $1,500,000 to support a demonstration project relating to the paralympic games. the grantee shall provide such information',
'as shall be required by the social security administration, including a detailed statement of the activities to be supported under',
'the grant and the budget for each activity, and financial reports documenting how the funds were actually expended. the agreement',
'makes available an additional amount of $15,000,000 for the processing of continuing disability reviews cdrs , which was not included',
'in the house or senate bills, subject to concomitant adjustment of the subcommittees 602 b allocation as permitted by p.l.',
'104 121. limitation on administrative expenses the agreement limits administrative expenditures to $5,821,768,000 for the social security administration, a decrease',
'of $23,415,000 below the senate bill and $88,500,000 below the house bill. the agreement includes bill language proposed by the',
'senate permitting the agency to retain any unobligated funds at the end of the fiscal year for its automation initiative.',
'the agreement also includes an additional limitation of $60,000,000 for the processing of continuing disability reviews cdrs , which was',
'not included in the house or senate bills, subject to concomitant adjustment of the subcommittees 602 b allocation as permitted',
'by p.l. 104 121. the conferees strongly urge that ssa work with an industry based consortium dedicated to improving software',
'productivity, and with experience institutionalizing software processes and methods; sufficient funds have been included in the conference agreement for this',
'purpose. railroad retirement board limitation on administration the agreement provides a limitation for administrative expenses of $73,169,000 which may be',
'derived from railroad retirement accounts. in combination with a limitation of $16,786,000 from the railroad unemployment insurance administration fund, the',
'agreement provides a total of $89,955,000 for the administrative expenses of the railroad retirement board, an increase of $861,000 above',
'the senate bill and a decrease of $861,000 below the house bill. limitation on railroad unemployment insurance administration fund the',
'agreement provides a limitation on administrative expenses of $16,786,000 from moneys credited to the railroad unemployment insurance administration fund. combined',
'with a limitation of $73,169,000 on administrative expenses derived from the railroad retirement accounts, the agreement provides $89,955,000 for the',
'administrative expenses of the railroad retirement board, an increase of $861,000 over the senate bill and a decrease of $861,000',
'below the house bill. title v general provisions the conference agreement deletes language contained in the house bill stating that',
'states remain free not to fund abortions with federal funds provided in the bill to the extent that the state',
'deems appropriate, except where the life of the mother would be endangered if the fetus were carried to term. the',
'senate amendment contained no similar provision. the conference agreement includes, as did both the house bill and the senate amendment,',
'the language from previous years prohibiting federal funding of abortion except in the cases of rape, incest and endangerment of',
'the life of the mother. the conference agreement modifies a provision proposed by the house and senate bills to exclude',
'from participation in the pell grant program institutions which are ruled to be ineligible to participate in a federal student',
'loan program as a result of default rate determinations issued by the secretary subsequent to february 14, 1996. the conference',
'agreement includes a general provision proposed by the senate to limit expenditures on cash performance awards to no more than',
'one percent of amounts appropriated for salaries for each agency funded in the bill. in addition, the provision reduces the',
'amounts otherwise appropriated for salaries and expenses in the bill by $30,500,000, to be allocated by the office of management',
'and budget, as proposed by the senate. the house bill had no similar provision. the conference agreement includes language contained',
'in the senate amendment which amends the public health service act to prohibit the federal government and state and local',
'entities who receive federal financial assistance from discriminating against entities which refuse to provide or refer for provision of abortions',
'or training to perform abortions. the provision requires the federal government and state and local entities to deem an entity',
'accredited that would be accredited except for accreditation requirements pertaining to the provision of abortions and abortion training. the house',
'bill contained a similar provision. the conference agreement includes language contained in the house bill which modifies the medicare certification',
'survey schedule for home health agencies to permit states greater flexibility to target resources on problem agencies in order to',
'free up funds for certification of new facilities. the agreement also contains language not contained in the house bill that',
'would permit expanded use by medicare providers of private accreditation by national bodies for initial certifications and recertifications for those',
'national bodies that can demonstrate that their accreditation assures compliance with all medicare requirements. this deeming provision would not apply',
'to renal dialysis facilities and durable medical equipment suppliers. there is no intent to change current law or current policy',
'with respect to the deeming of skilled nursing facilities. the agreement also includes language not included in the house bill',
'requiring the secretary of health and human services to conduct a study of and to report on the effectiveness and',
'appropriateness of the current mechanisms for surveying and certifying skilled nursing facilities and renal dialysis facilities. the senate amendment contained',
'no similar provision. the conferees are concerned that quality of care not decline for the large and growing number of',
'medicare beneficiaries receiving home health services. all agencies should be surveyed at reasonable intervals with no more than a 15',
'month schedule for those agencies with poor prior performance. if there is a change in ownership, surveys shall occur no',
'less frequently than on a 15 month schedule. within one year of enactment of this legislation the conferees direct hcfa',
'to report to congress on the status of implementation of this policy and the impact on quality of care for',
'beneficiaries. in particular, the report shall contain data supporting hcfas contention that quality of care will improve if resources are',
'targeted on problem agencies. the conferees expect that the study and report required in this provision will include careful analysis',
'of the adequacy of current nursing facility accreditation standards. attention should be given to the cost effectiveness of expanding the',
'use of voluntary private accreditation, and whether it is a tool for quality enhancement and as a means to enable',
'government agencies to focus federal attention more directly on those nursing facilities which need increased oversight. the study should also',
'review the information of accrediting bodies to determine whether it might assist hcfa to access data needed to monitor the',
'performance of nursing facilities. the study should evaluate state level changes in standards for accreditation of nursing facilities to determine',
'the extent to which they have strengthened the safety net that is vital to assure a baseline of quality and',
'consumer protection. finally, the conferees are interested in innovative regulatory and nonregulatory incentives for all nursing facilities to continually improve',
'the quality of services provided to medicare and medicaid patients. therefore, the secretary should include in the report whether such',
'incentives would encourage and reward optimal performance with particular emphasis on improved patient outcomes. the conference agreement includes language in',
'the senate amendment requiring the secretary of health and human services to grant a waiver under the medicaid program to',
'charter health plan, inc. of the district of columbia of the requirement that no more than 75 percent of a',
'managed care providers enrollment may be medicaid patients. the house bill had no similar provision. the conference agreement includes language',
'requiring the secretary of health and human services to compile data on the number of females in the u.s. who',
'have been subjected to female genital mutilation, to conduct outreach to communities that practice female genital mutilation, and to develop',
'curriculum recommendations for medical schools regarding the practice. the senate amendment contained a similar provision, but also established criminal penalties',
'for those who performed the procedure on minors. the house bill had no similar provisions. title vi additional appropriations the',
'conference agreement includes title vi of the bill proposed by the house modified to exclude social security administration funding for',
'continuing disability reviews. the house bill established a separate title vi which provided partial appropriations for three different appropriation accounts.',
'it included $396,000,000 for hcfa program management for payment safeguard activities, $43,000,000 for the hhs ig for medicare related activities',
'and $111,000,000 for the social security administration administrative account for continuing disability reviews. these amounts, when combined with the amounts',
'appropriated for these activities in the regular titles of the bill, provided full year appropriations. under the language in title',
'vi, if a subsequent appropriation is enacted in another bill for fy 1996 for these activities, then the amount appropriated',
'in title vi would be canceled. the senate had no similar provision. conference agreement the following table displays the amounts',
'agreed to for each program, project or activity with appropriate comparisons: departments of veterans affairs and housing and urban development',
'and independent agencies section 101 e . the conferees agree that house report 104 384 is to be used as',
'the guiding document for the departments, agencies, commissions, corporations, and offices under the jurisdiction of the house and senate subcommittees',
'on the departments of veterans affairs and housing and urban development and independent agencies, along with house report 104 201',
'and senate report 104 140. the following explanations are to be taken as clarifications or supplements to the directions contained',
'in house report 104 384, dated december 6, 1995 and senate report 104 236 dated march 6, 1996. title i',
'department of veterans affairs departmental administration general operating expenses limits the amount of funds available for payroll costs of the',
'office of the secretary not to exceed $3,206,000, instead of $2,766,000 as proposed by the house and deleting such limitation',
'as proposed by the senate. deletes the salary limitations proposed by the house and stricken by the senate for the',
'office of the assistant secretary for policy and planning, the office of the assistant secretary for congressional affairs, and the',
'office of the assistant secretary for public and intergovernmental affairs. the limitation of salary funds for the office of the',
'secretary is the amount requested in the 1996 budget and will support the current employment level. construction, major projects deletes',
'language proposing contingent appropriations of an additional $70,100,000 for construction, major projects as proposed by the house and $16,000,000 as',
'proposed by the senate. the approved major construction projects are as specified in house report 104 384, the conference report',
'and joint explanatory statement of the committee of conference on h.r. 2099. administrative provisions inserts section 108 authorizing the construction',
'of outpatient clinics in brevard county, fl, travis air force base, ca, and boston, ma; leases at ft. myers, fl',
'and new york, ny; and a research facility at portland, or. the conferees urge the va to review its options',
'to acquire additional land for the expansion of the camp butler national cemetery. inserts, as section 109, language designating the',
'walla walla va medical center as the jonathan m. wainwright memorial va medical center. the senate proposed this language as',
'a miscellaneous provision. deletes a miscellaneous provision as proposed by the senate that would require the va to develop a',
'plan for the allocation of health care resources. this matter was addressed in amendment numbered 14 of house report 104',
'384, the joint explanatory statement of the committee of conference on h.r. 2099. the conferees note that the va is',
'currently developing the allocation plan. title ii department of housing and urban development annual contributions for assisted housing the conferees',
'recommend decreasing the amount appropriated for annual contributions for assisted housing in h.r. 2099, from $10,155,795,000 to $9,818,795,000. the decrease',
'of $337,000,000 is comprised of three components. first, $69,000,000 is taken from amounts available for property disposition activities associated with',
'selling mortgages and properties acquired or held by the federal housing administration fha . despite the decrease, the conferees understand',
'the reduction will not materially impact the departments ability to meet its statutory and policy responsibilities in disposing of these',
'properties on a timely basis. second, the conferees agree to add $25,000,000 to the $233,168,000 provided for the section 811',
'housing program for the disabled, and to add $50,000,000 to the $780,190,000 provided for the section 202 housing program for',
'the elderly. however, rather than spending the additional funding on new construction or acquisition of buildings, the funds must be',
'applied to extending the contract terms of the rental assistance program. finally, funding for renewing expiring or terminating section 8',
'subsidy contracts has been reduced from $4,350,862,000 to $4,007,862,000. though the decrease will not reduce the number of households assisted',
'under this program from the level specified in h.r. 2099, it will reduce the term of the rental assistance contracts',
'from two years. h.r. 2099, the 1996 va/hud and independent agencies appropriations measure, included a provision designed to replace the',
'low income housing preservation and resident homeownership act lihprha with a less expensive program that avoids dependence on continuing section',
'8 rental subsidies while, at the same time, preserves affordable housing opportunities for low income families. the recently enacted housing',
'opportunity program extension act of 1996 incorporated the provisions of the revised preservation program contained in h.r. 2099. due to',
'delays, however, the calendar deadlines utilized in this legislation for filing and for funding eligibility determinations are no longer valid',
'and must be adjusted. therefore, the conferees have adjusted dates to conform the provisions in the extension act. as a',
'further refinement of the revised preservation program, the conferees have added a third criteria for the department to utilize in',
'setting appropriate rents for properties. this change will enable properties which utilize the capital loan/capital grant program to retain working',
'families in affordable housing developments and to achieve an appropriate mix of income levels. public housing demolition, site revitalization, and',
'replacement housing grants the conferees are aware of the urgent need to accelerate the demolition of distressed public housing developments',
'and have agreed to provide $200,000,000 above the amount recommended in h.r. 2099 for the severely distressed public housing program.',
'this addition increases funding for the program from $280,000,000 to $480,000,000. the hope vi program was created in 1992 as',
'a means to replace obsolete public housing developments aggressively with homes that are architecturally appealing, have lower densities, and are',
'better suited to the needs of low income families and their surrounding neighborhoods. in the last four years, the department',
'has found it necessary to refine pha plans after awarding the grants, usually because of complicated financing associated with the',
'construction of these developments. the formal competition process required by the act, however, constrains hud from being able to make',
'changes on a timely basis. therefore, to facilitate actual site demolition and rehabilitation, the conferees have deleted a requirement for',
'a formal competition regarding how these funds are awarded. in place of a formal competition, hud plans to utilize a',
'comprehensive, merit based selection process. drug elimination grants for low income housing the conference agreement permits the secretary to waive',
'the requirement to set aside a portion of these funds for the youth sport program, though the activity remains an',
'eligible activity of the program. this requirement has been burdensome for both the department and public housing authorities to administer.',
'noting the importance and need to fight crime in public housing and to create safe environments for low income families,',
'the conferees have decided to fully fund the drug elimination grant program despite dwindling discretionary resources. there is, however, a',
'significant crime problem that plaques the assisted housing portfolio. unfortunately, the owners of these properties do not have access to',
'funding from the drug elimination program. it is the opinion of the conferees that the authorizing committee should consider this',
'problem and rectify it with appropriate legislation. community planning and development community development grants at the request of the secretary,',
'the conferees agree to set aside $50,000,000 from the community development block grant account for economic development initiatives to be',
'made available pursuant to a competitive selection process. administrative provisions extend administrative provisions from the rescission act the conferees agree',
'that it is critical to deregulate the public and assisted housing portfolios by providing them with the greatest degree of',
'flexibility possible, and therefore agree to expand the eligible uses of modernization funds to capital purposes. the conferees believe that',
'mixed income developments, where the portion of apartments dedicated to low income families are indistinguishable from the remaining market rate',
'apartments, will foster safe neighborhoods and will provide for fiscally viable developments. therefore, the conferees recommend inclusion of several provisions',
'designed to facilitate their creation and financing. employment limitations the conferees agree to increase the number of assistant secretaries to',
'eight from the seven provided in h.r. 2099, but have retained the provisions regarding the levels of schedule c and',
'noncareer ses employees. hud is directed to present a plan to the house and senate committees on appropriations by september',
'30, 1996, that describes its reorganization strategy, including: 1 the organizational structure, including the number of field offices, regional offices,',
'and fha offices; 2 the programmatic staffing levels required to meet the needs and services identified in huds mission statement;',
'3 the responsibilities and duties of headquarters, the field offices, regional offices and fha offices, the services they will provide,',
'and the level of programmatic staff necessary to carry out these functions; 4 the relationship between headquarters and the field',
'offices, regional offices, and fha offices; and 5 the annual schedule by which the secretary intends to reduce staff to',
'7,500 by the year 2002. if the level of ftes required to administer the programs effectively is greater than 7,500,',
'the secretary must justify the increase. repeal of frost leland although the conferees agree to repeal the frost leland amendment,',
'it was not agreed that the city of dallas be reimbursed for expenses it incurred demolishing a public housing project',
'in west dallas pursuant to a court order. fha assignment program the conferees have amended provisions of the balanced budget',
'downpayment act, i, which reformed the fha assignment program. the first change corrects terminology included in that act. additionally, because',
'of delays in enacting this appropriations measure, several dates used in the original legislation are no longer valid and have',
'been changed. first, the effective date of the reform has been changed to the date of enactment of this legislation',
'to prevent a circumstance where people who applied for assignment after march 15, 1996, would find the program retroactively terminated.',
'thirty days after enactment, hud is required to issue regulations. the second date change allows the reforms to be utilized',
'for all mortgages executed during fiscal year 1996 and in prior years. changes to state of new yorks community development',
'block grant and home programs to ensure that the cdbg small cities program in the state of new york is',
'operated as efficiently as possible, the conferees agree to limit the amount of funds made available for multi year commitments',
'to 35 percent. additionally, the conferees agree to provide the state of new yorks home funds directly to the chief',
'executive officer of the state, to be used in accordance with provisions of law. minimum rent tenant protections the conferees',
'agree that every public housing and section 8 housing resident who receives the benefit of housing assistance should contribute at',
'least $25 towards their rent. there may be occasions, however, where families are experiencing serious financial hardship and cannot afford',
'even the most minimal contribution. therefore, a provision has been added to allow the secretary or a public housing agency',
'to waive the minimum rent requirement to provide a transition period for affected families not to exceed three months. the',
'conferees have agreed to delete a provision proposed in h.r. 2099 which would have directed the transfer of fair housing',
'enforcement responsibilities to the department of justice. title iii independent agencies department of the treasury community development financial institutions fund',
'program account the conferees agree to provide $45,000,000, instead of $50,000,000 as proposed by the senate and $25,000,000 as proposed',
'as a contingency by the house. the conferees also agree to remove legislative provisions restricting the size of the staff',
'for this effort. corporation for national and community service national and community service programs operating expenses appropriates $400,500,000 for national',
'and community service programs operating expenses as proposed by the senate, instead of termination, or $383,500,000 if offsetting savings were',
'found, as proposed by the house. the recommended amount is $69,500,000 below the 1995 level and $416,976,000 below the budget',
'request. the bill includes language eliminating grants to federal agencies. this will permit all money to be directed outside of',
'the federal bureaucracy and should help reduce the cost per participant. the conferees are aware of recent commitments by the',
'corporation to improve the management of the americorps program and reduce costs. in addition to eliminating grants to federal agencies,',
'such actions include decreasing the reliance on federal funds by increasing the matching requirement for private funds, reminding sponsors of',
'all prohibited activities, including lobbying and partisan political activities, improving grant reviews, and expanding efforts in program evaluation. it is',
'the conferees intent that the appropriating and authorizing committees will carefully monitor the corporations activities to ensure that the agreed',
'to reforms are carried out and to prevent any abuses in the future. the conferees agree to include the sense',
'of the congress language proposed by the senate. this language urges the president to nominate expeditiously a chief financial officer',
'and to implement as quickly as possible the recommendations of the independent auditors to improve the financial management of the',
'corporations funds. the language also urges the corporation to submit a reprogramming proposal for up to $3,000,000 to carry out',
'financial management system reforms if the chief financial officer determines such additional resources are needed. office of inspector general appropriates',
'$2,000,000 for the office of inspector general. the conferees expect that the inspector general will periodically report to the congress',
'on progress in improving the corporations financial management systems and in developing auditable financial statements. environmental protection agency science and',
'technology the conferees agree to a technical change to house report 104 384 related to the mine waste technology program.',
'the science and technology account includes $3,000,000 for this program, in lieu of funding in the hazardous substance superfund account.',
'environmental programs and management the conferees agree to provide $127,000,000 in addition to the amount proposed for environmental programs and',
'management in h.r. 2099. of this amount, the conferees agree that up to $40,000,000 is available for enforcement activities. in',
'1994, under the u.s. global climate change action plan, the administration approached developing countries about undertaking joint activities to reduce',
'global emissions. the joint implementation project thus established encourages partnerships between businesses and non governmental organizations in the united states',
'and developing countries, offering the potential to achieve greater emission reductions worldwide than would be possible with each country acting',
'alone. recognizing that meaningful near term reductions in greenhouse gas emissions can only be realized through voluntary, public private relationships',
'such as the joint implementation program, the conferees urge that from the funds provided for the climate change action plan,',
'the agency provide $3,000,000 for completion of climate change country studies and development of developing country national action plans and',
'$7,000,000 for joint implementation plan activities. buildings and facilities the conferees agree to provide $50,000,000 in addition to the amount',
'proposed for buildings and facilities in h.r. 2099. this additional funding is for the first phase of construction of a',
'new consolidated research facility at research triangle park, north carolina. the conferees agree that the total construction cost for this',
'new research facility shall not exceed $232,000,000. hazardous substance superfund the conferees agree to provide $150,000,000 in addition to the',
'amount proposed for hazardous substance superfund in h.r. 2099. the conferees agree that such additional funds, $100,000,000 of which become',
'available on september 1, 1996, are for clean up response and enforcement activities, subject to normal reprogramming guidelines. the conferees',
'agree that $2,000,000 of this additional amount is for worker training grants under niehs, bringing this program to $18,500,000 for',
'fiscal year 1996. state and tribal assistance grants the conferees agree to provide $490,000,000 in addition to the amount proposed',
'for environmental programs and infrastructure assistance under state and tribal assistance grants in h.r. 2099. of this additional amount, $448,500,000',
'is for capitalization grants, $3,500,000 is for a water distribution system grant in the south buffalo/kittaning area, pennsylvania, $25,000,000 is',
'for a special projects grant for boston harbor for a total of $50,000,000 in fiscal year 1996, and $13,000,000 is',
'for a construction grant for wastewater treatment facilities in watertown, south dakota. of the $448,500,000, $225,000,000 is for safe drinking',
'water state revolving fund capitalization grants which, added to the $275,000,000 proposed in h.r. 2099 and the $225,000,000 provided in',
'previous appropriations acts, brings the total available for the safe drinking water srf to $725,000,000. all of these funds shall',
'be available if authorization for such srf is enacted prior to august 1, 1996, however, if no such authorization is',
'enacted prior to august 1, 1996, these funds will become available for wastewater capitalization grants. the conferees understand the agency',
'has convened a federal advisory committee to address water pollution issues related to wet weather. the conferees believe that epa',
'should take advantage of the many stakeholders concerned about stormwater at the table and use this opportunity to see if',
'these participants can reach consensus on a simplified, environmentally protective, workable, cost effective stormwater program for municipalities regardless of population',
'and all entities whether or not they are already covered under the phase i npdes program. finally, the conferees note',
'that $700,000 of funds proposed in h.r. 2099 for manns choice and $100,000 of funds proposed in h.r. 2099 for',
'taylor township, pennsylvania, be used for wastewater treatment facility improvements in juniata terrace borough, mifflin county, pennsylvania $250,000 and curwensville',
'borough pike township, clearfield county, pennsylvania $150,000 and for combined sewer overflow improvements for logan township, blair county, pennsylvania $400,000',
'. administrative provisions the conferees have included bill language in section 304 which transfers real property located in bay city,',
'michigan to the city of bay city or another municipal entity. in addition, up to $3,000,000 of previously appropriated funds',
'shall be provided to the recipient of such real property for necessary environmental remediation and rehabilitation costs of the property.',
'it is the intent of the conferees that the recipient of the property shall accept full responsibility for compliance with',
'any applicable environmental conditions and that the agencys liability shall terminate upon transfer. the conferees have agreed to delete a',
'provision proposed in h.r. 2099 which prohibited the use of funds to implement section 404 c of the federal water',
'pollution control act, as amended. executive office of the president council on environmental quality and office of environmental quality the',
'conferees agree to provide $1,150,000 in addition to the amount proposed in h.r. 2099, for a fiscal year 1996 total',
'of $2,150,000 for ceq. the conferees agree that ceq and oeq should not augment their workforce by utilizing personnel paid',
'for by appropriations provided to any other federal agency or department. department of health and human services office of consumer',
'affairs the conferees have agreed to provide $1,800,000 for the office of consumer affairs. neither the house or the senate',
'had included this funding in the bill. national aeronautics and space administration the conferees agree to provide $83,000,000 for science,',
'aeronautics and technology in addition to the amounts proposed in h.r. 2099. distribution of the additional funding is to be',
'addressed in the nasa operating plan for fiscal year 1996 and is subject to final approval by the committees on',
'appropriations of the house and senate. the conferees do not agree that all nasa aircraft consolidation should be held in',
'abeyance pending the final reports of the nasa inspector general and the general accounting office as proposed by the senate.',
'the conferees note that in a letter dated march 8, 1996, the inspector general endorsed an alternative aircraft consolidation plan',
'which would leave in place five aircraft currently based at lewis research center, langley research center, and wallops island. therefore,',
'the conferees agree that the consolidation of these aircraft should await final resolution of the issues addressed in the initial',
'report by the nasa inspector general with regard to consolidation savings. the conferees are concerned with nasas unexpected recent announcement',
'regarding additional and accelerated personnel reductions at nasa headquarters. this announcement was made without prior consultation with the congress. the',
'proposed reduction is disproportionately excessive relative to the aggregate funding profile for this agency. such substantial staffing reduction may jeopardize',
'nasas ability to manage adequately programs of continuing priority to the congress and the nation. therefore, the conferees direct nasa',
'to suspend immediate implementation of the administrative steps to execute this proposed reduction in force, pending full consideration by the',
'congress of the agencys budget for fiscal year 1997. the conference agreement also includes two new administrative provisions. the first',
'provision ensures that section 212 of public law 104 99 remains in effect as if enacted as part of this',
'act. the second new provision urges nasa to fund phase a studies for a radar satellite initiative. national science foundation',
'the conferees agree to provide an additional $40,000,000 for research and related activities for the national science foundation. the effect',
'of this adjustment is a net reduction of $140,000,000 from the budget request as compared to a reduction of $180,000,000',
'proposed in h.r. 2099. title v general provisions the conference agreement includes a general provision which supersedes section 201 b',
'of public law 104 99. title ii supplemental appropriations chapter 1 department of agriculture, rural development, food and drug administration,',
'and related agencies department of agriculture food safety and inspection service the conferees retain bill language included by the senate',
'to earmark funds appropriated to the food safety and inspection service for in plant inspection personnel. the house passed bill',
'contained no similar provision. providing sufficient funds to fully cover the salaries and expenses of in plant inspections mandated by',
'current law was the priority of congress in the fiscal year 1996 appropriations act. the conferees regret that it has',
'become necessary to earmark funds for in plant inspector salaries and expenses, but because the agency could not provide assurances',
'that it would fulfill the intent of congress, the conferees found this as the only alternative available. natural resources conservation',
'service watershed and flood prevention operations the conference agreement provides a supplemental appropriation of $80,514,000 for watershed and flood prevention',
'operations to repair damages to waterways and watersheds resulting from flooding in the pacific northwest, the northeast blizzards, floods, and',
'other natural disasters instead of $73,200,000 as proposed by the house and $107,514,000 as proposed by the senate. the conferees',
'encourage the department, when repairing projects with funds appropriated for emergency watershed and flood prevention operations, to do so with',
'the intent of minimizing future costs and flooding. the conference agreement provides that the entire amount shall be available only',
'to the extent that an official budget request for $80,514,000 is submitted that includes designation of the entire amount as',
'an emergency requirement. the conference agreement also provides that if the secretary of agriculture determines that the cost of land',
'and restoration of farm structures exceeds the fair market value of affected cropland, the secretary may use sufficient amounts not',
'to exceed $7,288,000 from funds provided under this heading to accept bids from willing sellers to provide conservation easements for',
'cropland inundated by floods, as provided for by the wetlands reserve program. consolidated farm service agency emergency conservation program the',
'conference agreement provides a supplemental appropriation of $30,000,000 for the emergency conservation program for expenses resulting from floods in the',
'pacific northwest and other natural disasters as proposed by the senate instead of $24,800,000 as proposed by the house. the',
'conference agreement does not include a provision proposed by the senate that the entire amount be available subject to an',
'official budget request from the administration. rural housing and community development service rural housing insurance fund program account the conference',
'agreement provides a supplemental appropriation of $5,000,000 for section 502 direct loans and $1,500,000 for section 504 housing repair loans',
'for emergency expenses resulting from flooding in the pacific northwest, the northeast blizzards and floods, hurricane marilyn, and other natural',
'disasters as proposed by the senate. the house bill proposed a total of $6,500,000 for both section 502 direct loans',
'and section 504 housing repair loans. the conference agreement provides that funds be used for the cost of modifying loans',
'as defined in section 502 of the congressional budget act of 1974 as proposed by the house. the conference agreement',
'does not include a provision proposed by the senate that the entire amount be available subject to an official budget',
'request from the administration. very low income housing repair grants the conference agreement provides a supplemental appropriation of $1,100,000 for',
'emergency expenses resulting from flooding in the pacific northwest, the northeast blizzards and floods. hurricane marilyn, and other natural disasters',
'as proposed by both the house and senate. the conference agreement does not include a provision proposed by the senate',
'that the entire amount be available subject to an official budget request from the administration. rural utilities service rural utilities',
'assistance program the conference agreement provides a supplemental appropriation of $11,000,000 for direct loans and grants of the rural utilities',
'assistance program and the emergency community water assistance program to assist in the recovery from flooding in the pacific northwest',
'and other natural disasters as proposed by the senate. the house bill proposed separate appropriations of $5,000,000 for the emergency',
'community water assistance program and $6,000,000 for the rural utilities assistance program. the conference agreement also provides that funds be',
'used for the cost of modifying loans as defined in section 502 of the congressional budget act of 1974 as',
'proposed by the house. the conference agreement does not include a provision proposed by the senate that the entire amount',
'be available subject to an official budget request from the administration. commodity credit corporation emergency livestock feed assistance program the',
'conference agreement does not provide $10,000,000 of commodity credit corporation funds for cost sharing assistance under provisions consistent with the',
'emergency livestock feed assistance program as proposed by the house. the senate bill contained no similar provision. the department has',
'indicated that livestock producers who are eligible for cost sharing assistance under the emergency livestock feed assistance program will continue',
'to be eligible for this assistance provided a valid contract for this program has been signed prior to enactment of',
'new legislation. supplemental and rescission requests as part of its fiscal year 1996 supplemental and rescission requests, the administration proposed',
'a rescission of $12,000,000 from cooperative state research, education, and extension service, buildings and facilities, and supplemental requests of $2,500,000',
'for the u.s. israel binational agricultural research and development fund program and $9,500,000 for the food safety and inspection service.',
'the conference agreement does not include these proposals. general provisions the conference agreement deletes the administrative provision proposed by the',
'senate that would have allowed the secretary to transfer funds provided in this chapter between accounts included in this chapter.',
'the house bill contained no similar provision. seafood safety the conference agreement provides that any domestic fish or fish product',
'produced in compliance with food safety standards or procedures accepted by the food and drug administration shall be deemed to',
'have met any inspection requirements of the department of agriculture or other federal agency for any federal commodity purchase program,',
'and that the department or other federal agency may utilize lot inspection to establish a reasonable degree of certainty that',
'such fish or fish product meets federal product specifications as proposed by the senate. the house bill contained no similar',
'provision. farm loans the conference agreement includes language that allows the department of agriculture to make or guarantee an operating',
'or an emergency loan to a loan applicant who was less than 90 days delinquent on april 4, 1996, if',
'the loan applicant had submitted an application for the loan prior to april 5, 1996. the recently enacted federal agriculture',
'improvement and reform act altered conditions under which loans could be made at the time of enactment. this provision allows',
'those borrowers, whose application had been submitted, to complete the process. the provision also provides that no applicant may be',
'more than 90 days delinquent. chapter 1a department of health and human services food and drug administration food and drug',
'export reform the conference agreement includes a modification of language included in both the house and senate versions of the',
'bill allowing the export of certain unapproved drugs, biologicals, animal drugs, and medical devices. the provision allows pharmaceuticals and medical',
'devices not approved in the united states to be exported to any country in the world if the product complies',
'with the laws of that country and has valid marketing authorization in one of the following countries: australia; canada; israel;',
'japan; new zealand; switzerland; south africa; or the european union or a country in the european economic area. the secretary',
'is given authority to add countries to the list based on criteria set forth in the conference agreement. the conference',
'agreement also sets forth criteria upon which the secretary may allow direct export of a drug not first approved in',
'one of the listed countries. however, devices were not included because under current law devices may be exported to any',
'country after the secretary determines that the export of the device is not contrary to public health and the import',
'is permitted into the importing country. in addition, the conference agreement sets forth conditions under which the secretary may approve',
'the export of a drug or device which is used for tropical diseases or other diseases not of significant prevalence',
'in the united states. to approve an application under this section, the secretary must find that the medical product will',
'not expose patients to an unreasonable risk of illness or injury and that the probable health benefits outweigh the risk',
'of injury or illness, taking into account currently available treatments and their economic accessibility. in general, a medical product may',
'not be exported under this provision unless it is unadulterated, accords to the specifications of the foreign manufacturer, complies with',
'the laws of the importing country, is labeled for export, and is not sold in the u.s. the drug or',
'device must be manufactured in substantial conformity with good manufacturing practices applicable to that specific product or else be in',
'compliance with recognized international standards. the secretary may prohibit exports of products which are found to pose an imminent hazard.',
'any person who exports a drug or device may request the secretary of health and human services to certify in',
'writing that the exportation is legal. a fee of up to $175 is authorized for issuance of each written export',
'certification. the conferees intend that fees be established on a sliding scale to minimize the impact on small business. import',
'components used for export the conference agreement also allows import of certain articles, which cannot now be lawfully imported, used',
'in the manufacture of drugs, biological products, devices, foods including dietary supplements , food additives, and color additives if the',
'finished products are then exported. under this provision, importers must provide the secretary of health and human services with notification',
'of the initial importation, maintain records of such imports, and destroy any component not used in an exported product. the',
'agreement also allows import of certain blood and tissue products provided they comply with the public health service act requirements,',
'or the secretary allows such imports. the secretary could make such a determination, for example, where a blood component is',
'imported from a country which has laws and regulations relating to the collection and processing of blood; the products are',
'in compliance with such requirements; the importer assures that such products are segregated from u.s. products, that contamination of equipment',
'is prevented, and that records are maintained and made available to the secretary to verify such assurances; and that the',
'importer performs such tests as the secretary may require. patent extension the conference agreement includes a provision that would extend',
'a patent on a nonsteroidal anti inflammatory drug. congressional hearings held on this issue support the claims that the food',
'and drug administration took an unreasonable length of time in the approval process for this drug. the provision provides a',
'two year extension. chapter 2 departments of commerce, justice, and state, the judiciary, and related agencies department of commerce economic',
'development administration economic development assistance programs the conference agreement includes $18,000,000 for emergency expenses related to recovery and mitigation efforts',
'associated with flooding in the pacific northwest and other disasters, to remain available until expended and to be available only',
'pursuant to an official budget request that declares the funds to be emergency. the senate bill proposed $25,000,000 for emergency',
'expenses resulting from flooding, and $2,500,000 to be transferred to salaries and expenses. the house bill contained no similar provision.',
'national oceanic and atmospheric administration construction the conference agreement includes $7,500,000 in emergency funds for the national oceanic and atmospheric',
'administrations noaa construction account. the house bill provided no funds for this purpose; the administration request was $10,000,000. these funds',
'are to support the immediate repair of fish hatcheries along the columbia river which experienced severe damage from the recent',
'flooding in the northwest. the conferees note that the national marine fisheries service funds the mitchell act hatcheries. if additional',
'funds are needed for repairs in this instance, the conferees understand that funds are available within existing amounts at the',
'federal emergency management administration fema and would encourage fema to give every consideration to applications received in relation to this',
'flood damage. department of state and related agencies department of state administration of foreign affairs diplomatic and consular programs the',
'conference agreement includes no emergency funding for state department operations to offset operating costs being incurred in bosnia as a',
'result of the dayton accords, as proposed by the senate. the house bill included $2,000,000. related agencies united states information',
'agency salaries and expenses the conference agreement includes no emergency funding for united states information agency operations to offset operating',
'costs being incurred in bosnia as a result of the dayton accords, as proposed by the senate. the house bill',
'included $1,000,000. related agency small business administration disaster loans program account the conference agreement provides $71,000,000 for subsidy costs associated',
'with the sba disaster loans program, instead of $72,300,000 as proposed by the house and $69,700,000 as proposed by the',
'senate, as an emergency appropriation to remain available until expended, to allow for additional loan volume in response to declared',
'disasters. in addition, the conferees have included $29,000,000, for administrative expenses under this account, instead of $27,700,000 as proposed by',
'the house and $30,300,000 as proposed by the senate, as an emergency appropriation to remain available until expended, to support',
'sbas disaster activities in response to declared disasters. the conferees are concerned about the manner in which sba budgets for,',
'and administers, disaster assistance funds. the conferees are disturbed that during development of the supplemental funding requirements, sba identified $79,000,000',
'in unspent prior year funding not previously known to sba. in addition, sba indicated a shortfall in disaster administrative expenses,',
'even though the conferees had already fully funded sbas request for these expenses. the conferees expect disaster funding to be',
'used only for the purpose for which it was provided, and to accurately budget for and administer these funds. therefore,',
'the conferees direct the sba to provide, not later than may 30, 1996, a report to the house and senate',
'appropriations committees on the obligation of administrative expenses funding to date in fiscal year 1996, and to provide an updated',
'report on august 15, 1996. these reports should identify the following: 1 each headquarters office receiving administrative funding, the total',
'funding provided, and the number of fte supported; 2 the total funding and fte permanent and temporary provided to each',
'field location, the date the field location was established, the expected duration of employment for temporary employees for each location,',
'and the expected termination date for each location; and 3 the total loan volume by location. chapter 3 department of',
'defense civil department of the army corps of engineers civil general investigations the conference agreement includes language contained in section',
'3007 of the senate bill to permit the secretary of the army to utilize funds previously appropriated for the st.',
'louis harbor, missouri, project for the upper mississippi river and illinois waterway navigation study. the conferees agree that they will',
'work to restore funds to the st. louis harbor project in the future as needed. operation and maintenance, general the',
'conference agreement includes $30,000,000, the same as the budget request, for the repair of damages to corps of engineers projects',
'caused by severe flooding in the northeast and northwest as proposed by the house and the senate. the conferees have',
'also agreed to adopt the language contained in the house bill. flood control and coastal emergencies the conference agreement includes',
'$135,000,000, the same as the budget request and the amount proposed by the house and the senate, for the corps',
'of engineers to repair damage to non federal levees and other flood control works located in states affected by the',
'northeast and northwest floods of 1996 and other natural disasters, and to replenish funds transferred from other accounts for emergency',
'work pursuant to the authority of the secretary of the army contained in public law 84 99. the conferees have',
'also agreed to adopt the language contained in the house bill. department of the interior bureau of reclamation construction program',
'the conference agreement includes $9,000,000, the same as the budget request and the amount proposed by the house and the',
'senate, for the bureau of reclamation to continue emergency repairs at folsom dam in california. the conferees have also agreed',
'to delete funding requested by the president and proposed by the senate for the payment of claims associated with flooding',
'in march of 1995 in californias san joaquin valley. department of energy atomic energy defense activities other defense activities the',
'conference agreement includes an additional $15,000,000 to accelerate activities in the materials protection, control and accounting program to improve facilities',
'and institute national standards to secure stockpiles of weapons usable fissile materials in russia and the newly independent states. no',
'similar provision was included in the house bill, the senate bill, or the budget request. power marketing administrations construction, rehabilitation,',
'operation and maintenance, western area power administration transfer of funds the conference agreement provides for the transfer of $5,500,000 from',
'this account to the account operation and maintenance, alaska power administration, as proposed by the house bill and budget request,',
'only for necessary termination expenses of the alaska power administration. the senate bill did not contain this provision. federal energy',
'regulatory commission the conference agreement deletes language contained in section 3017 of the senate bill providing for a limited waiver',
'of annual charges for the flint creek project in montana. chapter 4 foreign operations, export financing, and related programs funds',
'appropriated to the president unanticipated needs unanticipated needs for defense of israel against terrorism the conference agreement provides $50,000,000 for',
'emergency expenses necessary to meet unanticipated needs for the acquisition and provision of goods, services, and/or grants for israel necessary',
'to support the eradication of terrorism in and around israel as proposed by the senate. the conferees further agree that',
'none of the funds appropriated in this paragraph shall be made available except through the regular notification procedures of the',
'committees on appropriations. the conferees expect the aid to be provided consistent with information transmitted to the committees on appropriations',
'in a classified document on march 25, 1996. the house bill contained no similar provision. military assistance foreign military financing',
'program the conference agreement provides $70,000,000 for grant foreign military financing for jordan as proposed by both the house and',
'senate. the conference agreement also provides that such funds may be used for jordan to finance transfers by lease of',
'defense articles under chapter 6 of the arms export control act. these funds will be used to support the transfer',
'of 16 f 16 fighter aircraft to the government of jordan. the conferees also note that the overall downsizing of',
'the u.s. defense industry is costing thousands of american defense related jobs. the conferees therefore direct the department of defense',
'to give priority consideration to american defense firms in awarding contracts for upgrades and other major improvements to these aircraft',
'prior to their delivery to the government of jordan. chapter 5 department of the interior and related agencies agency priorities.',
'the managers have not agreed to statutory language, proposed by the senate in section 1203 of title ii, chapter 12,',
'which would have mandated the allocation of emergency supplemental funds based on agency prioritization processes. the managers understand that the',
'initial estimates of emergency requirements that have been provided are based on very preliminary information and that those initial estimates,',
'because of time constraints, may not have included every project which needs to be addressed. the managers expect each agency',
'to develop on the ground estimates of all its natural disaster related needs and to address these needs consistent with',
'agency priorities. contingent appropriations. the availability of those portions of the appropriations detailed in this chapter that are in excess',
'of the administrations budget request for emergency supplemental appropriations are contingent upon receipt of a budget request that includes a',
'presidential designation of such amounts as emergency requirements as defined in the balanced budget and emergency deficit control act of',
'1985, as amended. department of the interior bureau of land management construction and access an additional $5,000,000 in emergency supplemental',
'appropriations for construction and access is made available as proposed by the senate instead of $4,242,000 as proposed by the',
'house. of this amount, $758,000 is contingent upon receipt of a budget request that includes a presidential designation of such',
'amount as an emergency requirement as defined in the balanced budget and emergency deficit control act of 1985, as amended.',
'oregon and california grant lands an additional $35,000,000 in emergency supplemental appropriations for oregon and california grant lands is made',
'available as proposed by the senate instead of $19,548,000 as proposed by the house. of this amount, $15,452,000 is contingent',
'upon receipt of a budget request that includes a presidential designation of such amount as an emergency requirement as defined',
'in the balanced budget and emergency deficit control act of 1985, as amended. united states fish and wildlife service resource',
'management an additional $1,600,000 in emergency supplemental appropriations for resource management is made available as proposed by the senate instead',
'of no funding as proposed by the house. the entire amount is contingent upon receipt of a budget request that',
'includes a presidential designation of such amount as an emergency requirement as defined in the balanced budget and emergency deficit',
'control act of 1985, as amended. construction an additional $37,300,000 in emergency supplemental appropriations for construction is made available as',
'proposed by the senate instead of $20,505,000 as proposed by the house. of this amount, $16,795,000 is contingent upon receipt',
'of a budget request that includes a presidential designation of such amount as an emergency requirement as defined in the',
'balanced budget and emergency deficit control act of 1985, as amended. the managers have neither agreed to bill language, proposed',
'by the senate, earmarking specific funds for devils lake, nd nor to report language earmarking funds for other locations. the',
'service should carefully consider the needs at devils lake, nd and at kenai, ak as it allocates funds. national park',
'service construction an additional $47,000,000 in emergency supplemental appropriations for construction is made available as proposed by the senate instead',
'of $33,601,000 as proposed by the house. of this amount, $13,399,000 is contingent upon receipt of a budget request that',
'includes a presidential designation of such amount as an emergency requirement as defined in the balanced budget and emergency deficit',
'control act of 1985, as amended. united states geological survey surveys, investigations, and research an additional $2,000,000 in emergency supplemental',
'appropriations for surveys, investigations, and research is made available as proposed by the senate instead of $1,176,000 as proposed by',
'the house. of this amount, $824,000 is contingent upon receipt of a budget request that includes a presidential designation of',
'such amount as an emergency requirement as defined in the balanced budget and emergency deficit control act of 1985, as',
'amended. chapter 6 department of defense military construction north atlantic treaty organization security investment program the conference agreement includes an',
'additional $37,500,000 for the nato security investment program, as provided in both the house and senate bills. in addition, the',
'conference agreement includes rescissions totaling $37,500,000 to offset this additional appropriation, as explained in title iii of this report. general',
'provision the conferees agree to language proposed by the senate which gives the secretary of the army discretionary authority to',
'convey approximately five acres of land in hale county, alabama. the house bill contained no similar provision. chapter 7 department',
'of defense military supplemental appropriations the house recommended a total of $782,500,000, designated as emergency appropriations pursuant to the budget',
'act, for additional incremental u.s. military costs associated with the bosnia operation, including the nato led peace implementation force ifor',
'and operation deny flight. the senate recommended $777,700,000 in new appropriations, none of which were designated emergency. the house and',
'senate each fully offset their respective supplemental funding through rescissions of funds previously provided in department of defense appropriations acts.',
'the conference agreement provides a total of $820,000,000, all designated as emergency appropriations. this amount is fully offset by rescissions',
'contained in title iii, chapter 6 of the conference agreement. a summary of the conference agreement by appropriations account is',
'as follows: dollars in thousands account request house senate conference military personnel: army 244,400 262,200 244,400 257,200 navy 11,700 11,800',
'11,700 11,700 marine corps 2,600 2,700 2,600 2,600 air force 27,300 33,700 27,300 27,300 total 286,000 310,400 286,000 298,800 operation',
'and maintenance: army 48,200 235,200 195,000 241,500 marine corps 900 900 900 900 air force 141,600 130,200 190,000 173,000 defense',
'wide 79,800 79,800 79,800 79,800 total 270,500 446,100 465,700 495,200 procurement: other procurement, air force 26,000 26,000 26,000 26,000 grand',
'total 582,500 782,500 777,700 820,000 military personnel the conference agreement recommends a total of $298,800,000 for costs of active and',
'reserve military personnel pay and allowances. the conferees believe they have met the most urgent military personnel requirements for the',
'bosnia operation, and expect the department to keep the committees on appropriations advised of any revisions to these estimates. operation',
'and maintenance the department of defense requested a total of $270,500,000 for operation and maintenance to fund the incremental costs',
'of u.s. participation in the nato led bosnia peace implementation force ifor . the conferees recommend $495,200,000, an increase of',
'$224,700,000 above the supplemental request, to provide for additional requirements of the army and the air force. procurement composite shaft',
'fairwaters the department of defense appropriations act for fiscal year 1996 contained $3,000,000 in other procurement, navy for procurement of',
'composite shaft fairwaters for cg 47 cruisers. the navy recently conducted testing of composite shaft fairwaters and demonstrated extended life,',
'reduced maintenance, and improved capability for removing fairwaters while a ship is waterborne. the navy concluded, however, that the most',
'cost effective approach is to incorporate this new technology into aegis destroyers while under construction rather than to retrofit aegis',
'cruisers. the conferees therefore direct the under secretary of defense comptroller to submit a fiscal year 1996 transfer of $3,000,000',
'from other procurement, navy to shipbuilding and conversion, navy using standard reprogramming procedures. research, development, test and evaluation ballistic missile',
'defense management and support the conferees note that a total increase to the budget of $528,939,000 was provided for ballistic',
'missile defense programs in the department of defense appropriations act, 1996. this total included a recommendation contained in the national',
'defense authorization act, 1996, which cut $30,000,000 from the ballistic missile defense organizations bmdo program management and support program element.',
'in executing the additional tasks and responsibilities required by the fiscal year 1996 program funding increases, it has become clear',
'that the burden on the bmdo program management and support program element has actually increased. to minimize this impact, congressional',
'action to date in proposed reprogrammings and rescissions has rejected the application of any inflation reductions to bmdo accounts. this',
'bill includes a provision which further prohibits the application of any portion of the proposed inflation reductions against bmdo program',
'elements. however, these restorations still leave bmdo with the challenge of managing activities in the appropriate program elements therefore, the',
'conferees hereby restore the $30,000,000 reduction made to the program management and support program element. bmdo shall internally manage this',
'restoration by reallocating funds preciously identified as excess because of decreased inflation estimates. the inflation decreases shall be applied proportionally',
'to each bmdo rdt&e program element and project. the director, bmdo, shall provide the congressional defense committees a statement detailing',
'the specific decreases as applied to all program elements. defense advanced research projects agency the conferees direct that $500,000 of',
'the funds provided for the defense advanced research projects agency may be available to purchase photographic technology to support research',
'in detonation physics. the director of defense research and engineering shall provide the congressional defense committees with a plan for',
'the acquisition and use of this instrument no later than may 29, 1996. joint dod doe munitions technology development the',
'conferees direct that $2,000,000 of the fiscal year 1996 funds allocated to the joint dod doe munitions technology development program',
'element shall be used to develop and test an open architecture machine tool controller. electronic commerce resource centers the fy',
'1996 defense appropriations conference agreement directed the transfer of the managerial responsibility for the electronic commerce resource centers program to',
'the defense logistics agency. information from the department has subsequently come to the conferees attention indicating that the next implementation',
'stage for this program can best be accomplished under the direction of deputy under secretary of defense for logistics. the',
'conferees endorse such action and direct that a transfer of ecrc managerial responsibility to the deputy under secretary of defense',
'for logistics be accomplished expeditiously under the overall program guidance expressed in the fy 1996 defense appropriations conference report. general',
'provisions general transfer authority section 2701 of the conference agreement amends both house and senate provisions regarding the amount of',
'additional transfer authority provided under section 8005 of the department of defense appropriations act for fiscal year 1996, by providing',
'$700,000,000 in additional transfer authority. the conferees direct that the additional transfer authority provided herein shall be available only to',
'the extent funds are transferred, or have been transferred during the current fiscal year to cover costs associated with united',
'states military operations in support of the nato led peace implementation force ifor in and around the former yugoslavia. f',
'15e aircraft the conference agreement includes a technical amendment section 2702 requested by the department of defense and contained in',
'the senate bill, which is needed to permit the obligation of funding which was both authorized and appropriated in fiscal',
'year 1996 for the procurement and advance procurement of f 15e aircraft. c 17 multiyear procurement the conferees strongly support',
'the multiyear procurement of eighty c 17 advanced transport aircraft and have agreed to bill language section 2703 authorizing the',
'air force to begin a seven year multiyear program. however, the conferees also agree that additional savings potentially can be',
'generated from an accelerated multiyear procurement of the c 17 over six program years. therefore, section 2703 also directs the',
'secretary of defense to enter into negotiations with the c 17 aircraft and engine prime contractors for contract alternatives for',
'multiyear procurement over a six year period. the conference agreement prevents the exercise of the multiyear authority until the secretary',
'of defense certifies that the air force will save more than 5 percent in the price for eighty c 17',
'aircraft under a multiyear contract as compared to annual lot procurement. the savings must exceed the total amount of $895.3',
'million shown in the multiyear procurement criteria program: c 17 document submitted to the appropriations committees on february 29, 1996.',
'in calculating the savings from the multiyear proposals, the conferees direct that the weapon system budget estimates submitted with the',
'c 17 multiyear procurement exhibits be used as the baseline. the conferees also direct that in conjunction with the certification',
'required by section 2703 c of the c 17 multiyear bill language, the secretary of defense shall submit a new',
'multiyear justification exhibit package which reflects the additional savings achieved over the original multiyear proposal submitted by the administration. the',
'conferees believe that the seven year authority should enable the air force to generate savings significantly in excess of the',
'$895.3 million reflected in the original multiyear proposal. it is the conferees intent that the additional savings should be realized',
'from multiyear contracts currently being negotiated. in addition, the conferees believe that a six year multiyear plan has the potential',
'to generate even greater savings. the conferees also agree to provisions delaying the exercise of the multiyear authority to the',
'earlier of may 24, 1996, or the day after enactment of a subsequent act authorizing entry into a c 17',
'multiyear contract. the secretary of defense also is required to provide a detailed program plan for a six year multiyear',
'procurement by may 24, 1996. sematech section 2704 of the conference agreement amends a senate amendment and provides $50,000,000 for',
'sematech. this amount is fully offset by rescissions in title iii, chapter 6 of the conference report. overseas humanitarian, disaster,',
'and civic aid the conference agreement includes section 2705, as proposed by the senate, which provides authority to transfer up',
'to $15,000,000 in support of specific activities associated with humanitarian assistance activities related to landmines. environmental restoration activities section 2706',
'of the conference agreement amends a senate provision making $15,000,000 of operation and maintenance, army funding available in order to',
'complete the armys remaining environmental remediation activities in recognition of its 1988 agreement with national presto industries, inc. discharge of',
'hiv positive servicemembers section 2707 of the conference agreement includes a senate provision regarding the discharge of hiv positive servicemembers.',
'b 52 force structure section 2708 of the conference agreement amends a senate provision and adds $44,900,000 to operation and',
'maintenance, air force for the operation and maintenance of 94 b 52h bomber aircraft in active status or in attrition',
'reserve. this amount is fully offset by rescissions in title iii, chapter 6 of the conference report. the conferees express',
'their intent to not recommend additional funding for b 52 aircraft in excess of the air forces stated requirements unless',
'the air force revises its bomber force inventory estimates. mine countermeasures section 2709 of the conference agreement includes an additional',
'$10,000,000 for shallow mine countermeasure demonstrations. this restores a general reduction made to this account earlier in fiscal year 1996.',
'these additional funds are fully offset by rescissions in title iii, chapter 6 of the conference report. the conferees believe',
'the navy has recently presented a more compelling strategy for developing countermine warfare technology centered around a joint exercise with',
'army, navy, and marine corps forces of the u.s. atlantic command in 1998. the additional funds provided in the conference',
'agreement will enable the navy to test a number of promising technologies that would otherwise miss the 1998 exercise completely',
'or else be demonstrated at less than full scale. the navy has indicated that it plans to use $5,000,000 to',
'allow the advanced lightweight influence sweep system to be tested in the 1998 exercise with a full scale magnet, and',
'$5,000,000 would be used for the explosive neutralization advanced technology demonstration and advanced degaussing. army medical research section 2710 of',
'the conference agreement transfers $8,000,000 of previously appropriated defense health program funds to the research, development, test and evaluation, army',
'account in order to continue research of neurofibromatosis. the army has an ongoing successful research program in this area. this',
'makes a technical clarification to the designation for this activity in the fiscal year 1996 defense appropriations conference agreement and',
'involves no additional funds. counter drug support section 2711 of the conference agreement authorizes the department to make grants to',
'local counternarcotic task forces in a high crime, low income area under its counter drug program to provide kevlar vests',
'for enhanced personal protection. have gaze in section 2712 the conferees have recommended language to clarify section 8105 of public',
'law 104 61 with respect to the use of fiscal year 1995 funds appropriated for this air force rdt&e program.',
'chapter 8 department of transportation office of the secretary payments to air carriers airport and airway trust fund the conference',
'agreement includes language that limits obligations from the airport and airway trust fund to $22,600,000 for payments to air carriers,',
'as proposed by the senate. the house bill contained no similar provision. this limitation permits the obligation of general fund',
'carryover balances to pay outstanding commitments in fiscal year 1996. federal highway administration federal aid highway highway trust fund the',
'conference agreement appropriates $300,000,000 for the emergency fund to cover expenses resulting from the flooding in the mid atlantic, northeast,',
'and northwest states, and other disasters, as proposed by the senate instead of $267,000,000 as proposed by the house. the',
'conference agreement waives the provisions of 23 u.s.c. 125 b 1 , which limit obligations to a single state resulting',
'from a single natural disaster to $100,000,000, as proposed by the senate. the house bill contained no similar provision. federal',
'railroad administration local rail freight assistance the conference agreement deletes the senate appropriation of $10,000,000 to repair and rebuild rail',
'lines of other than class i railroads damaged as a result of the floods of 1996. the house bill contained',
'no similar appropriation. federal transit administration mass transit capital fund liquidation of contract authorization highway trust fund the conference agreement',
'includes an appropriation of $375,000,000 to liquidate contract authority obligations for mass transit capital programs as proposed by both the',
'house and senate. related agencies panama canal commission panama canal revolving fund the conference agreement increases the limitation on administrative',
'expenses of the panama canal commission by $2,000,000, to be derived from the panama canal revolving fund, as proposed by',
'the house. the senate bill contained no similar provision. general provisions the conference agreement deletes the senate provision that allows',
'$3,250,000 of the federal transit administrations discretionary grants program for kauai, hawaii, to be used for operating expenses. the house',
'bill contained no similar provision. the conference agreement includes a provision that requires the federal highway administration to make available',
'up to $28,000,000 in federal aid obligation limitation to the state of missouri to make obligations for construction of a',
'new bridge in hannibal, missouri, from limitation set asides for discretionary programs or limitation on general operating expenses for fiscal',
'year 1996. the provision further requires restoration of that limitation before any funds made available for the august redistribution prescribed',
'in section 310 of public law 104 50 may be distributed. this provision shall not affect the federal aid bonus',
'limitation provided by section 310. the senate bill contained a provision that advances emergency relief funds to the state of',
'missouri for the replacement in kind of the hannibal bridge on the mississippi river. the house bill contained no similar',
'provision. the conference agreement includes a provision that permits the state of vermont to use up to $3,500,000 of the',
'discretionary grants identified in the conference agreement accompanying public law 104 50 provided to the state and the marble valley',
'regional transit district for improvements to support commuter rail operations on the clarendon pittsford rail line between white hall, new',
'york, and rutland, vermont. the senate bill allowed the state of vermont to obligate funds apportioned to the state under',
'the surface transportation and congestion mitigation and air quality improvement programs for railroad capital and/or operating expenses. the house bill',
'contained no similar provision. the conference agreement includes language that provides the administrator of the federal aviation administration discretion to',
'take into consideration unique circumstances in the state of alaska when making certain changes to specified regulations, effective until june',
'1, 1997. the house and senate bills contained no similar provision. the conference agreement includes a provision that specifies that',
'the unobligated funds provided for the chicago central area circulator project in public law 103 122 and public law 103',
'331 be available only for constructing a 5.2 mile light rail loop within the downtown chicago business district as described',
'in the full funding grant agreement signed on december 15, 1994, and shall not be available for any other purpose.',
'the house and senate bills contained no similar provision. chapter 9 department of the treasury departmental offices salaries and expenses',
'deletes provision proposed by the senate as part of the administrations initiative to combat middle eastern terrorism, which included $3,000,000',
'for the office of foreign assets control. united states customs service customs services at small airports deletes provision in p.l.',
'104 52 capping collections for customs services at small airports at $1,406,000 as proposed by the house. the senate had',
'no comparable provision. internal revenue service administrative provisions internal revenue service amends p.l. 104 52 by adding a new provision',
'which sets a floor on the level of service, staffing, and funding for irs taxpayer service operations as proposed by',
'the house. the senate had no comparable provision. executive office of the president and funds appropriated to the president office',
'of national drug control policy salaries and expenses provides that $1,000,000 of the amounts available to the counter drug technology',
'assessment center shall be used for conferences on model state drug laws as proposed by the house. the senate had',
'no comparable provision. appropriates an additional $3,400,000 for the salaries and expenses of the office of national drug control policy',
'as requested by the administration, instead of no additional funding as proposed by the house and $3,900,000 as proposed by',
'the senate. this will provide resources for an additional 80 full time equivalent positions and overhead expenses for 30 military',
'detailees, raising the complement of ondcp to 154 positions by the end of the fiscal year. ondcp has a strategic',
'mission: to aid and oversee operational agencies in coordinating the national drug control policy. the congress never intended ondcp to',
'become an operational entity, but instead to formulate, direct, and oversee the implementation of the annual drug control strategy using',
'the expertise of line agencies. the conferees are concerned that a rapid expansion in staffing that is not carefully thought',
'out will result in ondcp duplicating the functions of already existing programs and agencies. to ensure that this does not',
'occur, the conferees direct the director of ondcp to submit a detailed staffing plan to the house and senate committees',
'on appropriations within 30 days of enactment of this legislation. such plan shall include an organizational chart, a detailed description',
'of the function of each component of the office, and a detailed description of the duties associated with each position.',
'general provisions commission on restructuring the internal revenue service includes a provision which increases, by four, the membership of the',
'commission on restructuring the internal revenue service as proposed by the senate. the house had no comparable provision. chapter 10',
'departments of veterans affairs and housing and urban development and independent agencies department of housing and urban development community planning',
'and development community development grants the conferees agree to provide $50,000,000 for the department of housing and urban development community',
'development block grant program for emergency activities related to recent presidentially declared flood disasters. federal emergency management agency disaster relief',
'including transfer of funds the conference agreement includes language allowing up to $104,000,000 by transfer from the disaster relief account',
'to the disaster assistance direct loan program account for the cost of direct loans as authorized by section 417 of',
'the stafford act. language is included which limits community disaster loan authority to $119,000,000, requires that the director of fema',
'certify that the provisions of section 417 of the stafford act will be complied with and requires that the entire',
'amount of this transfer is available only to the extent that an official budget request for a specific dollar amount',
'is forwarded to the congress. the conferees fully expect that these terms be complied with in an expeditious manner so',
'as to release necessary loan funds to meet known emergency disaster needs of the virgin islands. general provisions waiver of',
'statutes or regulations for assistance the conference agreement retains a provision proposed by the senate allowing the secretary of any',
'department to waive any statute or regulation that the secretary administers in connection with the obligation of funds for domestic',
'assistance. the secretary may also specify alternative requirements to the statutes or regulation being waived. civil rights, fair housing and',
'nondiscrimination, the environment, and labor standards statutes and regulations could not be waived. the secretary must find that the waiver',
'is required to facilitate the obligation of the assistance and would not be inconsistent with the statute or regulation being',
'waived. the house bill contained no similar provision. this provision has been included in past disaster appropriations bills. the managers',
'expect this provision to be implemented in a manner similar to past practices and only in those cases where not',
'waiving the statutes or regulations would cause unnecessary and significant delays in assistance. priorities of allocation of emergency funds the',
'conference agreement deletes a provision proposed by the senate that funds for emergency or disaster assistance programs for usda, hud,',
'eda, sba, the national park service and the u.s. fish and wildlife service could be allocated in accordance with the',
'prioritization process of the respective department. the house bill contained no similar provision. in developing this conference agreement, the managers',
'have carefully developed the priority considerations for funding the various activities included in it. for the most part, there are',
'no restricting allocations imposed in this conference agreement on the funding provided for disaster assistance. priorities on allocations have only',
'been imposed where specific concerns needed to be addressed. because these matters were addressed on a case by case basis,',
'this general provision has been deleted. disaster assistance offsets the conference agreement deletes a provision proposed by the senate that',
'the conference agreement should include sufficient reductions and savings to offset the funding provided for disaster assistance. the house bill,',
'which did include offsets for disaster funding, contained no similar provision. since this conference agreement does include the necessary offsets,',
'this provision has been complied with and is no longer necessary. budget treatment of disaster assistance the conference agreement deletes',
'a provision proposed by the senate to have congress address the manner in which disaster assistance is provided and develop',
'a long term funding plan for the budget treatment of disaster assistance funding. the house bill contained no similar provision.',
'this matter has been reviewed several times, and the managers agree that another review and analysis would only delay any',
'decision on possible changes in how the budget treatment of these type appropriations is handled. the conferees agree that the',
'results of previous analyses should be considered as future budget resolutions are developed to see if any changes might be',
'warranted. restriction on expenditures the conference agreement deletes a provision proposed by the senate that would have restricted non defense',
'expenditures to certain fixed amounts if the funds in this conference agreement and other previous acts would cause these amounts',
'to be exceeded. the house bill contained no similar provision. because the funding included in this conference agreement is either',
'within the spending limits or is offset herein, this provision is no longer necessary. additional supplemental appropriations on april 12,',
'1996, the president forwarded to the congress a supplemental appropriations request for various counter drug programs. the conferees express their',
'intent to fund these additional requirements in the fiscal year 1997 appropriations process. title iii rescissions and offsets chapter 1',
'energy and water development subchapter a united states enrichment corporation privatization the conference agreement includes language contained in the senate',
'bill authorizing the board of directors of the united states enrichment corporation to transfer the interest of the united states',
'in the united states enrichment corporation to the private sector. subchapter b bonneville power administration refinancing the conference agreement includes',
'language contained in section 3003 of the senate bill regarding refinancing of bonneville power administration debt. chapter 2 foreign operations,',
'export financing, and related programs export and investment assistance export import bank of the united states subsidy appropriation rescission the',
'conference agreement rescinds $42,000,000 of the unobligated balances available under this heading instead of $41,000,000 as proposed by the house.',
'the senate had proposed a rescission of $25,000,000 from funds made available under this heading in public law 104 107.',
'chapter 3 department of the interior and related agencies department of energy strategic petroleum reserve the managers have agreed to',
'sell $227,000,000 worth of oil from the weeks island site of the strategic petroleum reserve spr . the weeks island',
'site in louisiana is currently being decommissioned and the oil is being relocated to other spr locations because of a',
'water intrusion problem. this sale is proposed to offset partially additional funding provided for high priority education programs identified by',
'the administration. to pay for decommissioning of the site, 5.1 million barrels of the 70 million barrels of weeks island',
'oil have already been sold in fiscal year 1996. an additional 12 million to 15 million barrels will need to',
'be sold to realize $227 million in revenues. chapter 4 departments of labor, health and human services, and education department',
'of health and human services the conference agreement includes a provision as proposed by the senate rescinding funding available but',
'unclaimed by states under the job opportunities and basic skills program. department of education the conference agreement includes a provision',
'that was not included in either the house or senate bill reducing the amount of new funding for the pell',
'grant program by $53,446,000. because of the substantial amount of funding carrying forward in fy 1996 from previous appropriations, this',
'reduction will not reduce the amount of funding actually expended for pell grants in fy 1996. the conference agreement does',
'not include a general provision proposed by the senate section 3014 that expressed the sense of the senate with respect',
'to funding for the low income home energy assistance program liheap . chapter 5 military construction rescissions the conference agreement',
'rescinds a total of $37,500,000 from funds appropriated for fiscal year 1996 public law 104 32 , instead of no',
'rescissions as proposed by both the house and the senate. the conferees agree to rescind the following sums from the',
'following accounts: military construction, army $6,385,000 military construction, navy 6,385,000 military construction, air force 6,385,000 military construction, defense wide 18,345,000',
'total 37,500,000 the conferees agree to rescissions in the army, navy, and air force accounts in order to bring the',
'fiscal year 1996 appropriation amounts into conformance with authorization. the conferees emphasize that the construction programs funded by these accounts',
'will not be changed by these rescissions, and that no project will be reduced in scope or canceled. with regard',
'to the military construction, defense wide account, the conferees agree to the following rescissions: energy conservation investment program $10,000,000 planning',
'and design 8,345,000 total 18,345,000 in the case of the energy conservation investment program, the conferees agree to the rescission',
'of $10,000,000 in order to bring the program into conformance with authorization, and $40,000,000 remains available for this program in',
'fiscal year 1996. in the case of planning and design funds, the conferees agree to the rescission of $8,345,000 which',
'is not required at this time, and $60,492,000 remains available in fiscal year 1996. chapter 6 department of defense military',
'rescissions the house and senate bills contained rescissions proposed by the president or transfers of previously appropriated department of defense',
'funding in order to fully offset the new defense appropriations in their respective bills. in this chapter, the conferees recommend',
'total rescissions of $994,900,000, which totally offset the new appropriations contained in title ii, chapter 7 of the conference report,',
'as well as funds provided for the transfer of f 16 aircraft to jordan in title ii, chapter 4. a',
'summary of rescissions showing house, senate, and conference recommendations by appropriation account is in the following table: rescissions dollars in',
'thousands appropriation house senate conference missile procurement, air force 1995/ 1997 $310,000 $310,000 $310,000 other procurement, air force 1995/1997 265,000',
'265,000 265,000 research, development, test and evaluation, air force 1995/1996 245,000 245,000 245,000 research, development, test and evaluation, army 1996/1997',
'9,750 7,000 19,500 research, development, test and evaluation, navy 1996/1997 17,500 12,500 45,000 research, development, test and evaluation, air force',
'1996/1997 22,450 16,000 69,800 research, development, test and evaluation, defense wide 1996/1997 20,300 14,500 40,600 grand total 890,000 870,000 994,900',
'chapter 7 department of transportation federal aviation administration grants in aid for airports airport and airway trust fund rescission of',
'contract authorization the conference agreement includes a rescission of $664,000,000 in contract authority from the grants in aid for airports',
'program as proposed by the senate. the rescission of contract authority applies to those funds that are not available for',
'obligation due to annual limits on obligations. the house bill contained no similar rescission. federal highway administration highway related safety',
'grants highway trust fund rescission of contract authorization the conference agreement includes a rescission of $9,000,000 in contract authority from',
'highway related safety grants. the rescission of contract authority applies to those funds that are not available for obligation due',
'to annual limits on obligations. the house and senate bills contained no similar rescission. motor carrier safety grants highway trust',
'fund rescission of contract authorization the conference agreement includes a rescission of $33,000,000 in contract authority from motor carrier safety',
'grants. the rescission of contract authority applies to those funds that are not available for obligation due to annual limits',
'on obligations. the house and senate bills contained no similar rescission. national highway traffic safety administration highway traffic safety grants',
'highway trust fund rescission of contract authorization the conference agreement includes a rescission of $56,000,000 in contract authority from highway',
'traffic safety grants. the rescission of contract authority applies to those funds that are not available for obligation due to',
'annual limits on obligations. the house and senate bills contained no similar rescission. chapter 8 independent agencies general services administration',
'rescission the conferees have agreed to rescind $3,400,000 from funds made available to the general services administration gsa for installment',
'acquisition payments instead of the $3,500,000 rescission as proposed by the senate and no rescission as proposed by the house.',
'this rescission offsets the $3,400,000 in new budget authority for the office of national drug control policy ondcp as discussed',
'in chapter 9 of title ii of this act. the conferees have agreed to no rescission of funds made available',
'to gsa for advance design $200,000 and the u.s. tax court $200,000 as proposed by the senate. the house did',
'not address this rescission. chapter 9 departments of veterans affairs and housing and urban development and independent agencies federal emergency',
'management agency disaster relief rescission the conferees have proposed a rescission of $1,000,000,000 of disaster relief funds to help off',
'set appropriations levels provided in h.r. 3019. such disaster funds were provided in the disaster relief and disaster relief contingency',
'fund accounts in public law 104 19. the conferees expect that this rescission will leave the federal emergency management agency',
'approximately $1,300,000,000 short of known or expected requirements by the end of fiscal year 1997. as such, it is expected',
'that fema will request an appropriate supplemental budget request to meet necessary requirements at an early point during fiscal year',
'1997. chapter 10 debt collection improvements the conferees have agreed to include and amend a provision proposed by the senate',
'which addresses debt collection improvements, instead of no provision as proposed by the house. the conferees have modified the provision',
'so that it more closely resembles the debt collection improvement act of 1995, as developed by the government reform and',
'oversight committee of the house of representatives. the conferees have not included language as proposed by the senate which would',
'have permitted non judicial foreclosure of mortgages. the conferees direct that the office of management and budget omb provide coordination',
'and oversight for development and implementation of the debt collection program created by this section. additionally, with regard to the',
'debt collection improvement account, the conferees direct the omb to determine the baseline from which the increased collections are measured',
'over the prior fiscal year, taking into account the recommendations made by the secretary of the treasury in consultation with',
'creditor agencies. the conferees strongly support repayment of delinquent government debt by all those who can afford to do so.',
'however, the conferees recognize that those who receive federal benefits, particularly social security benefits, may be dependent upon them for',
'a substantial part of their income. in order to avoid unreasonable hardship, the conferees insist that any federal debt collection',
'effort give full consideration to the financial situation of the individual who may repay the debt. by definition, recipients of',
'social security benefits are elderly or totally disabled workers and their dependents, or the surviving dependents of deceased workers. the',
'conferees intend that in cases where such benefits are involved, it is particularly important for the treasury department, as well',
'as all other executive branch organizations involved in developing regulations to implement this provision, to create regulatory safeguards which separate',
'those debtors who cannot repay from those who refuse to pay. in particular, those who have become delinquent because of',
'personal hardship, such as debilitating disability, or death of the breadwinner, and who may therefore be unable, rather than unwilling,',
'to repay, must be protected if administrative offset of those benefits would cause undue financial hardship. such safeguards are critical',
'when benefits such as social security are the sole or major source of income for the debtor. the conferees want',
'to ensure that the department of the treasury regulations governing new debt collection procedures will be cautiously and thoughtfully implemented,',
'providing full safeguards for beneficiaries. recognizing the dependence of those receiving federal benefits on those benefits, the conferees direct that',
'the treasury department limit automatic withholding of benefits above the $9,000 annual exemption to a reasonable percentage of those benefits,',
'not to exceed 15 percent. of course, debtors wishing to repay more would be free to do so by remittance',
'or other voluntary means. the conferees agree that it is particularly important to recognize that individual circumstances change and even',
'an individual with a good repayment record could face a personal or financial misfortune that makes further repayment difficult, if',
'not impossible. for example, the death of the family breadwinner, despite the payment of survivor benefits, could indicate a substantial',
'loss of income to a family. to suddenly or excessively reduce a surviving dependents benefits could further threaten an already',
'precarious economic situation for the affected dependent. contingent appropriations the conference agreement does not include any appropriations which would have',
'been available only on the enactment of subsequent legislation that would have credited the committees on appropriations with sufficient savings',
'to offset these appropriations. the house bill and the senate amendment both contained this type of contingent appropriations but in',
'different amounts. in lieu of providing any such contingent appropriations the conference agreement includes regular appropriations and offsetting savings above',
'the regular appropriations or offset amounts in either the house or senate passed versions of the bill. the additional amount',
'of offsets result in this conference agreement being within the designated spending limits. environmental initiatives the conference agreement does not',
'include a separate title on environmental initiatives as proposed by the senate. instead these issues have been addressed in other',
'parts of the conference agreement. disclosure of lobbying activities by federal grantees the conference agreement deletes a provision requiring disclosure',
'of lobbying activities by federal grantees as proposed by the house. the senate amendment contained no similar provision. deficit reduction',
'lock box the conference agreement deletes a provision proposed by the house that would have reduced the committees on appropriations',
'spending allocations when spending reduction amendments are adopted during consideration of appropriations bills in either body. the senate amendment contained',
'no similar provision. conference total with comparisons the total new budget obligational authority for the fiscal year 1996 recommended by',
'the committee of conference, with comparisons to the fiscal year 1995 amount, the 1996 budget estimates, and the house and',
'senate bills for 1996 follow: new budget obligational authority, fiscal year 1995 $374,952,232,061 budget estimates of new obligational authority, fiscal',
'year 1996 404,545,750,093 house bill, fiscal year 1996 382,607,656,000 senate bill, fiscal year 1996 384,492,162,999 conference agreement, fiscal year 1996',
'380,684,327,000 conference agreement compared with: new budget obligational authority, fiscal year 1995 5,732,094,939 budget estimates of new obligational authority, fiscal',
'year 1996 23,861,423,093 house bill, fiscal year 1996 1,923,329,000 senate bill, fiscal year 1996 3,807,835,999 for consideration of the house',
'bill except for section 101 c and the senate amendment except for section 101 d , and modifications committed to',
'conference: bob livingston, john myers, bill young, ralph regula, john porter, hal rogers, joe skeen, frank r. wolf, barbara vucanovich,',
'jim lightfoot, sonny callahan, james t. walsh, david obey, louis stokes, tom bevill, john p. murtha, charles wilson, bill hefner,',
'alan mollohan, for consideration of section 101 c of the house bill, and section 101 d of the senate amendment,',
'and modifications committed to conference: john porter, bill young, ernest istook, dan miller, jay dickey, frank riggs, roger f. wicker,',
'bob livingston, david obey, louis stokes, steny hoyer, nancy pelosi, nita m. lowey, managers on the part of the house.',
'mark o. hatfield, ted stevens, thad cochran, arlen specter, pete v. domenici, christopher s. bond, slade gorton, mitch mcconnell, connie',
'mack, richard c. shelby, james m. jeffords, robert f. bennett, ben nighthorse campbell, robert c. byrd, daniel k. inouye, ernest',
'f. hollings, j. bennett johnston, patrick j. leahy, dale bumpers, frank r. lautenberg, tom harkin, barbara a. mikulski, harry reid,',
'j. robert kerrey, patty murray, managers on the part of the senate.',