Omnibus Consolidated Rescissions and Appropriations Act of 1996
PL 104-134 (H.R.3019), enacted 04/26/1996

PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321 
* Public Law 104-134 
104th Congress 
An Act 
Making appropriations for fiscal year 1996 to make a further downpajnnent toward 
a balanced budget, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 101. For programs, projects or activities in the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1996, provided as follows, to be effec-
tive as if it had been enacted into law as the regular appropriations 
Act: 
AN ACT 
Making appropriations for the Departments of Commerce, Jus-
tice, 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 Depart-
ment of Justice, $74,282,000; including not to exceed $3,317,000 
for the Facilities Program 2000, and including $5,000,000 for 
management smd 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 equiva-
lent workyears and $9,487,000 shall be expended for the Offices 
of Legislative Affairs, Public Affairs and Policy Development: Pro-
vided 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. 
Apr. 26, 1996 
[H.R. 3019] 
Omnibus 
Consolidated 
Rescissions and 
Appropriations 
Act of 1996. 
Departments of 
Commerce, 
Justice, and 
State, the 
Judiciary, and 
Related Agencies 
Appropriation 
Act, 1996. 
Department of 
Justice 
Appropriations 
Act, 1996. 
* Note: This is a typeset print of the original hand enrollment as signed by the President on 
April 26, 1996. The text is printed without corrections. Footnotes indicate missing or illegible 
text in the original. 
110 STAT. 1321-1 
PUBLIC LAW 104-134—APR. 26, 1996 
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 inter-
national terrorism, including payment of rewards in connection 
with these activities, and (3) the costs of conducting a terrorism 
threat assessment of Federal agencies and their facilities: Provided, 
That funds provided under this section shall be available only 
after the Attorney General notifies the Committees on Appropria-
tions of the House of Representatives and the Senate in accordance 
with section 605 of this Act. 
ADMINISTRATIVE REVIEW AND APPEALS 
For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $38,886,000: 
Provided, That the obligated and unobligated balances of funds 
previously appropriated to the General Administration, Salaries 
and Expenses appropriation for the Executive Office for Immigra-
tion Review and the Office of the Pardon Attorney shall be merged 
with this appropriation. 
VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE REVIEW AND 
APPEALS 
For activities authorized by sections 130005 and 130007 of 
Public Law 103-322, $47,780,000, to remain available until 
expended, which shall be derived from the Violent Crime Reduction 
Trust Fund: Provided, That the obligated and unobligated balances 
of funds previously appropriated to the General Administration, 
Salaries and Expenses appropriation under title VIII of Public 
Law 103-317 for the Executive Office for Immigration Review shall 
be merged with this appropriation. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, $28,960,000; including not to exceed $10,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and for the acquisition, lease, 
maintenance and operation of motor vehicles without regard to 
the general purchase price limitation. 
UNITED STATES PAROLE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the United States Parole Commission 
as authorized by law, $5,446,000. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-2 
LEGAL ACTIVITIES 
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the legal activities of the Depart-
ment of Justice, not otherwise provided for, including not to exceed 
$20,000 for expenses of collecting evidence, to be expended under 
the direction of, and to be accounted for solely under the certificate 
of, the Attorney General; and rent of private or Government-owned 
space in the District of Columbia; $401,929,000; of which not to 
exceed $10,000,000 for litigation support contracts shall remain 
available until expended: Provided, That of the funds available 
in this appropriation, not to exceed $22,618,000 shall remain avail-
able until expended for office automation systems for the legal 
divisions covered by this appropriation, and for the United States 
Attorneys, the Antitrust Division, and offices funded through "Sala-
ries and Expenses", General Administration: Provided further, That 
of the total amount appropriated, not to exceed $1,000 shall be 
available 
to 
the 
United 
States 
National 
Central 
Bureau, 
INTERPOL, for official reception and representation expenses: Pro-
vided further. That notwithstanding 31 U.S.C. 1342, the Attorney 
General may accept on behalf of the United States and credit 
to this appropriation, gifts of money, personal property and services, 
for the purpose of hosting the International Criminal Police 
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 Rec-
onciliation Act, 1989, as amended by Public Law 101-512 (104 
Stat. 1289). 
In addition, for Salaries and Expenses, General Legal Activities, 
$12,000,000 shall be made available to be derived by transfer from 
unobligated balances of the Working Capital Fund in the Depart-
ment of Justice. 
VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL ACTIVITIES 
For the expeditious deportation of denied asylum applicants, 
as authorized by section 130005 of Public Law 103-322, $7,591,000, 
to remain available until expended, which shall be derived from 
the Violent Crime Reduction Trust Fund. 
SALARIES AND EXPENSES, ANTITRUST DIVISION 
For expenses necessary for the enforcement of antitrust and 
kindred laws, $65,783,000: Provided, That notwithstanding any 
other provision of law, not to exceed $48,262,000 of offsetting collec-
tions derived from fees collected for 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 Gen-
eral Fund shall be reduced as such offsetting collections are received 
during fiscal year 1996, so as to result in a final fiscal year 1996 
110 STAT. 1321-3 
PUBLIC LAW 104-134—APR. 26, 1996 
appropriation from the General Fund estimated at not more than 
$17,521,000: Provided further, That any fees received in excess 
of $48,262,000 in fiscal year 1996, shall remain available until 
expended, but shall not be available for obligation until October 
1, 1996. 
SALARIES 
AND 
EXPENSES, 
UNITED 
STATES 
ATTORNEYS 
For necessary expenses of the Office of the United States Attor-
neys, including intergovernmental agreements, $895,509,000, of 
which not to exceed $2,500,000 shall be available until September 
30, 1997 for the purposes of (1) providing training of personnel 
of the Department of Justice in debt collection, (2) providing services 
to the Department of Justice related to locating debtors and their 
property, such as title searches, debtor skiptracing, asset searches, 
credit reports and other investigations, (3) paying the costs of 
the Department of Justice for the sale of property not covered 
by the sale proceeds, such as auctioneers' fees and expenses, mainte-
nance and protection of property and businesses, advertising and 
title search and surveying costs, and (4) paying the costs of process-
ing and tracking debts owed to the United States Government: 
Provided, That of the total amount appropriated, not to exceed 
$8,000 shall be available for official reception and representation 
expenses: Provided further, That not to exceed $10,000,000 of those 
funds available for automated litigation support contracts and 
$4,000,000 for security equipment shall remain available until 
expended: Provided further. That in addition to reimbursable full-
time equivalent workyears available to the Office of the United 
States Attorneys, not to exceed 8,595 positions and 8,862 full-
time equivalent workyears shall be supported from the funds appro-
priated in this Act for the United States Attorneys. 
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES ATTORNEYS 
For activities authorized by sections 190001(d), 40114 and 
130005 of Public Law 103-322, $30,000,000, to remain available 
until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund, of which $20,269,000 shall be available 
to help meet increased demands for litigation and related activities, 
$500,000 to implement a program to appoint additional Federal 
Victim's Counselors, and $9,231,000 for expeditious deportation of 
denied asylum applicants. 
UNITED STATES TRUSTEE SYSTEM FUND 
For necessary expenses of the United States Trustee Program, 
$102,390,000, as authorized by 28 U.S.C. 589a(a), to remain avail-
able until expended, for activities authorized by section 115 of 
the Bankruptcy Judges, United States Trustees, and Family Farmer 
Bankruptcy Act of 1986 (Public Law 99-554), which shall be derived 
from the United States Trustee System Fund: Provided, 
That 
deposits to the Fund are available in such amounts as may be 
necessary to pay refunds due depositors: Provided further. That, 
notwithstanding 
any other provision of law, not to exceed 
$44,191,000 of offsetting collections derived from fees collected 
pursuant to section 589a(f) of title 28, United States Code, as 
amended, shall be retained and used for necessary expenses in 
this appropriation: Provided further. That the $102,390,000 herein 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-4 
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 appro-
priations available to the Attorney General; $252,820,000, as 
authorized by 28 U.S.C. 561(i), to remain available until expended. 
In addition, for Federal Prisoner Detention, $9,000,000 shall 
be made available until expended to be derived by transfer from 
unobligated balances of the Working Capital Fund in the Depart-
ment of Justice. 
FEES AND EXPENSES OF WITNESSES 
For expenses, mileage, compensation, and per diems of wit-
nesses, for expenses of contracts for the procurement and super-
vision of expert witnesses, for private counsel expenses, and for 
per diems in lieu of subsistence, as authorized by law, including 
advances, $85,000,000, to remain available until expended; of which 
not to exceed $4,750,000 may be made available for planning, 
construction, renovations, maintenance, remodeling, and repair of 
buildings and the purchase of equipment incident thereto for pro-
tected witness safesites; of which not to exceed $1,000,000 may 
be made available for the purchase and maintenance of armored 
vehicles for transportation of protected witnesses; and of which 
not to exceed $4,000,000 may be made available for the purchase, 
110 STAT. 1321-5 
PUBLIC LAW 104-134—APR. 26, 1996 
installation and maintenance of a secure automated information 
network to store and retrieve the identities and locations of pro-
tected witnesses. 
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE 
For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, $5,319,000: 
Provided, That notwithstanding any other provision of law, upon 
a determination by the Attorney General that emergent cir-
cumstances require additional funding for conflict prevention and 
resolution activities of the Community Relations Service, the Attor-
ney General may transfer such amounts to the Community Rela-
tions 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 expendi-
ture except in compliance with the procedures set forth in that 
section. 
ASSETS FORFEITURE FUND 
For expenses authorized by 28 U.S.C. 524(c)(l)(A)(ii), (B), (C), 
(F), and (G), as amended, $30,000,000 to be derived from the Depart-
ment of Justice Assets Forfeiture Fund. 
RADIATION EXPOSURE COMPENSATION 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,655,000. 
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND 
For pa3rments to the Radiation Exposure Compensation Trust 
Fund, $16,264,000, to become available on October 1, 1996. 
INTERAGENCY LAW ENFORCEMENT 
INTERAGENCY CRIME AND DRUG ENFORCEMENT 
For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug traffick-
ing not otherwise provided for, to include intergovernmental agree-
ments with State and local law enforcement agencies engaged in 
the investigation and prosecution of individuals involved in orga-
nized crime drug trafficking, $359,843,000, of which $50,000,000 
shall remain available until expended: Provided, That any amounts 
obligated from appropriations under this heading may be used 
under authorities available to the organizations reimbursed from 
this appropriation: Provided further, That any unobligated balances 
remaining available at the end of the fiscal year shall revert to 
the Attorney General for reallocation among participating organiza-
tions in succeeding fiscal years, subject to the reprogramming proce-
dures described in section 605 of this Act. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-6 
FEDERAL BUREAU OF INVESTIGATION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for detection, investigation, 
and 
prosecution of crimes against the United States; including purchase 
for police-type use of not to exceed 1,815 passenger motor vehicles 
of which 1,300 will be for replacement only, without regard to 
the general purchase price limitation for the current fiscal year, 
and hire of passenger motor vehicles; acquisition, lease, mainte-
nance and operation of aircraft; and not to exceed $70,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; $2,189,183,000, of which not 
to exceed $50,000,000 for automated data processing and tele-
communications 
and 
technical 
investigative 
equipment 
and 
$1,000,000 for undercover operations shall remain available until 
September 30, 1997; of which not less than $102,345,000 shall 
be for counterterrorism investigations, foreign counterintelligence, 
and other activities related to our national security; of which not 
to exceed $98,400,000 shall remain available until expended; of 
which not to exceed $10,000,000 is authorized to be made available 
for making payments or advances for expenses arising out of 
contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related 
to violent crime, terrorism, organized crime, and drug investiga-
tions; and of which $1,500,000 shall be available to maintain an 
independent program office dedicated solely to the relocation of 
the Criminal Justice Information Services Division and the automa-
tion of fingerprint identification services: Provided, That not to 
exceed $45,000 shall be available for official reception and represen-
tation expenses: Provided further, That $58,000,000 shall be made 
available for NCIC 2000, of which not less than $35,000,000 shall 
be derived from ADP and Telecommunications unobligated balances, 
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. 
110 STAT. 1321-7 
PUBLIC LAW 104-134—APR. 26, 1996 
DRUG ENFORCEMENT ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Drug Enforcement Administra-
tion, including not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character, to be expended under the direc-
tion of, and to be accounted for solely under the certificate of, 
the Attorney General; expenses for conducting drug education and 
training programs, including travel and related expenses for partici-
pants in such programs and the distribution of items of token 
value that promote the goals of such programs; purchase of not 
to exceed 1,208 passenger motor vehicles, of which 1,178 will be 
for replacement only, for police-type use without regard to the 
general purchase price limitation for the current fiscal year; and 
acquisition, 
lease, 
maintenance, 
and 
operation 
of 
aircraft; 
$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 A N D EXPENSES 
For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, including not to exceed 
$50,000 to meet unforeseen emergencies of a confidential character, 
to be expended under the direction of, and to be accounted for 
solely under the certificate of, the Attorney General; purchase for 
police-type use (not to exceed 813 of which 177 are for replacement 
only) without regard to the general purchase price limitation for 
the current fiscal year, and hire of passenger motor vehicles; acquisi-
tion, lease, maintenance and operation of aircraft; and research 
related to immigration enforcement; $1,394,825,000, of which 
$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 Immigra-
tion 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-8 
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 Immigra-
tion and Naturalization Service undertakes a commuter lane facili-
tation pilot program at the San Clemente checkpoint within 90 
days of enactment of this Act: Provided further. That the Immigra-
tion 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 renova-
tions and improvements are completed unless funds for the contin-
ued 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 check-
point 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 informa-
tion, 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 immigra-
tion matters: Provided further. That in addition to amounts other-
wise made available in this title to the Attorney General, the 
Attorney General is authorized to accept and utilize, on behalf 
of the United States, the $100,000 Innovation in American Govern-
ment Award for 1995 from the Ford Foundation for the Immigration 
and Naturalization Service's Operation Jobs program. 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities authorized by sections 130005, 130006, and 
130007 of PubUc Law 103-322, $316,198,000, to remain available 
until expended, which will be derived from the Violent Crime Reduc-
tion Trust Fund, of which $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. 
110 STAT. 1321-9 
PUBLIC LAW 104-134—APR. 26, 1996 
CONSTRUCTION 
For planning, construction, renovation, equipping and mainte-
nance of buildings and facilities necessary for the administration 
and enforcement of the laws relating to immigration, naturalization, 
and alien registration, not otherwise provided for, $25,000,000, 
to remain available until expended. 
FEDERAL PRISON SYSTEM 
SALARIES AND EXPENSES 
For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, includ-
ing purchase (not to exceed 853, of which 559 are for replacement 
only) and hire of law enforcement and passenger motor vehicles; 
and for the provision of technical assistance and advice on correc-
tions related issues to foreign governments; $2,567,578,000: Pro-
42 use 250a. 
vided. That there may be transferred to the Health Resources 
and Services Administration such amounts as may be necessary, 
in the discretion of the Attorney General, for direct expenditures 
by that Administration for medical relief for inmates of Federal 
penal and correctional institutions: Provided further. That the Direc-
tor of the Federal Prison System (FPS), where necessary, may 
enter into contracts with a fiscal agent/fiscal intermediary claims 
processor to determine the amounts payable to persons who, on 
behalf of the FPS, furnish health services to individuals committed 
to the custody of the FPS: Provided further. That uniforms may 
be purchased without regard to the general purchase price limita-
tion for the current fiscal year: Provided further. That not to exceed 
$6,000 shall be available for official reception and representation 
expenses: Provided further, 
That not to exceed $50,000,000 for 
the activation of new facilities shall remain available until Septem-
ber 30, 1997: Provided further. That of the amounts provided for 
Contract Confinement, not to exceed $20,000,000 shall remain avail-
able until expended to make payments in advance for grants, con-
tracts and reimbursable agreements and other expenses authorized 
by section 501(c) of the Refugee Education Assistance Act of 1980 
for the care and security in the United States of Cuban and Haitian 
entrants: Provided further. That no funds appropriated in this Act 
shall be used to privatize any Federal prison facilities located in 
Forrest City, Arkansas, and Yazoo City, Mississippi. 
VIOLENT CRIME REDUCTION PROGRAMS 
For substance abuse treatment in Federal prisons as authorized 
by section 32001(e) of Public Law 103-322, $13,500,000, to remain 
available until expended, which shall be derived from the Violent 
Crime Reduction Trust Fund. 
BUILDINGS AND FACILITIES 
For planning, acquisition of sites and construction of new facili-
ties; leasing the Oklahoma City Airport Trust Facility; purchase 
and acquisition of facilities and remodeling and equipping of such 
facilities for penal and correctional use, including all necessary 
expenses incident thereto, by contract or force account; and con-
structing, remodeling, and equipping necessary buildings and facili-
ties at existing penal and correctional institutions, including all 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-10 
necessary expenses incident thereto, by contract or force account; 
$334,728,000, to remain available until expended, of which not 
to exceed $14,074,000 shall be available to construct areas for 
inmate work programs: Provided, That labor of United States pris-
oners may be used for work performed under this appropriation: 
Provided further, That not to exceed 10 percent of the funds appro-
priated to "Buildings and Facilities" in this Act or any other Act 
may be transferred to "Salaries and Expenses", Federal Prison 
System upon notification by the Attorney General to the Committees 
on Appropriations of the House of Representatives and the Senate 
in compliance with provisions set forth in section 605 of this Act: 
Provided further. That of the total amount appropriated, not to 
exceed $22,351,000 shall be available for the renovation and 
construction of United States Marshals Service prisoner holding 
facilities. 
FEDERAL PRISON INDUSTRIES, INCORPORATED 
The Federal Prison Industries, Incorporated, is hereby author-
ized to make such expenditures, within the limits of funds and 
borrowing authority available, and in accord with the law, and 
to make such contracts and commitments, without regard to fiscal 
year limitations as provided by section 9104 of title 31, United 
States Code, as may be necessary in carrying out the program 
set forth in the budget for the current fiscal year for such corpora-
tion, including purchase of (not to exceed five for replacement 
only) and hire of passenger motor vehicles. 
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON 
INDUSTRIES, INCORPORATED 
Not to exceed $3,559,000 of the funds of the corporation shall 
be available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis 
to be determined in accordance with the corporation's current pre-
scribed accounting system, and such amounts shall be exclusive 
of depreciation, payment of claims, and expenditures which the 
said accounting system requires to be capitalized or charged to 
cost of commodities acquired or produced, including selling and 
shipping expenses, and expenses in connection with acquisition, 
construction, operation, maintenance, improvement, protection, or 
disposition of facilities and other property belonging to the corpora-
tion or in which it has an interest. 
OFFICE OF JUSTICE PROGRAMS 
JUSTICE ASSISTANCE 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended, and the Missing Children's Assist-
ance Act, as amended, including salaries and expenses in connection 
therewith, and with the Victims of Crime Act of 1984, as amended, 
$99,977,000, to remain available until expended, as authorized by 
section 1001 of title I of the Omnibus Crime Control and Safe 
Streets Act, as amended by Public Law 102-534 (106 Stat. 3524). 
110 STAT. 1321-11 
PUBLIC LAW 104-134—APR. 26, 1996 
VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE ASSISTANCE 
For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be trans-
ferred to and merged with the "Justice Assistance" account) author-
ized by the Violent Crime Control and Law Enforcement Act of 
1994, Public Law 103-322 ("the 1994 Act"); the Omnibus Crime 
Control and Safe Streets Act of 1968, as amended ("the 1968 Act"); 
and the Victims of Child Abuse Act of 1990, as amended ("the 
1990 Act"); $202,400,000, to remain available until expended, which 
shall be derived from the Violent Crime Reduction Trust Fund; 
of which $6,000,000 shall be for the Court Appointed Special Advo-
cate Program, as authorized by section 218 of the 1990 Act; $750,000 
for Child Abuse Training Programs for Judicial Personnel and 
Practitioners, as authorized by section 224 of the 1990 Act; 
$130,000,000 for Grants to Combat Violence Against Women to 
States, units of local governments and Indian tribal governments, 
as authorized by section 1001(a)(18) of the 1968 Act; $28,000,000 
for Grants to Encourage Arrest Policies to States, units of local 
governments and Indian tribal governments, as authorized by sec-
tion 1001(a)(19) of the 1968 Act; $7,000,000 for Rural Domestic 
Violence and Child Abuse Enforcement Assistance Grants, as 
authorized by section 40295 of the 1994 Act; $1,000,000 for training 
programs to assist probation and parole officers who work with 
released sex offenders, as authorized by section 40152(c) of the 
Violent Crime Control and Law Enforcement Act of 1994; $50,000 
for grants for televised testimony, as authorized by section 
1001(a)(7) of the Omnibus Crime Control and Safe Streets Act 
of 1968; $200,000 for the study of State databases on the incidence 
of sexual and domestic violence, as authorized by section 40292 
of the Violent Crime Control and Law Enforcement Act of 1994; 
$1,500,000 for national stalker and domestic violence reduction, 
as authorized by section 40603 of the 1994 Act; $27,000,000 for 
grants for residential substance abuse treatment for State prisoners 
authorized by section 1001(a)(17) of the 1968 Act; and $900,000 
for the Missing Alzheimer's Disease Patient Alert Program, as 
authorized by section 240001(d) of the 1994 Act: Provided, That 
any balances for these programs shall be transferred to and merged 
with this appropriation. 
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968, as amended, for State and Local 
Narcotics Control and Justice Assistance Improvements, notwith-
standing the provisions of section 511 of said Act, $388,000,000, 
to remain available until expended, as authorized by section 1001 
of title I of said Act, as amended by Public Law 102-534 (106 
Stat. 3524), of which $60,000,000 shall be available to carry out 
the provisions of chapter A of subpart 2 of part E of title I of 
said Act, for discretionary grants under the Edward Byrne Memorial 
State and Local Law Enforcement Assistance Programs: Provided, 
That balances of amounts appropriated prior to fiscal year 1995 
under the authorities of this account shall be transferred to and 
merged with this account. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-12 
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW 
ENFORCEMENT ASSISTANCE 
For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be trans-
ferred to and merged with the "Justice Assistance" account) author-
ized by the Violent Crime Control and Law Enforcement Act of 
1994, PubUc 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 involv-
ing 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 Respon-
sibility 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 dis-
bursed from such escrow account pursuant to the instructions of 
the Authority and in accordgince with a plan developed by the 
Chief of Police, after consultation with the Committees on Appro-
priations 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 coopera-
tion 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 Incen-
tive Grants pursuant to subtitle A of title II of the Violent Crime 
Control and Law Enforcement Act of 1994 (as amended by section 
110 STAT. 1321-13 
PUBLIC LAW 104-134—APR. 26, 1996 
114 of this Act), of which $200,000,000 shall be available for pay-
ments to States for incarceration of criminal aliens, and of which 
$12,500,000 shall be available for the Cooperative Agreement Pro-
gram; $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 author-
ized by section 220002(h) of the 1994 Act; $1,000,000 for Gang 
Investigation Coordination and Information Collection, as author-
ized by section 150006 of the 1994 Act; $200,000 for grants as 
authorized by section 32201(c)(3) of the 1994 Act: Provided further, 
That funds made available in fiscal year 1996 under subpart 1 
of part E of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968, as amended, may be obligated for programs to assist 
States in the litigation processing of death penalty Federal habeas 
corpus petitions: Provided further, That any 1995 balances for these 
programs shall be transferred to and merged with this appropria-
tion: Provided further. That if a unit of local government uses 
any of the funds made available under this title to increase the 
number of law enforcement officers, the unit of local government 
will achieve a net gain in the number of law enforcement officers 
who perform nonadministrative public safety service. 
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 from 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 manage-
ment 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 Memo-
rial State and Local Law Enforcement Assistance Programs, to 
remain available until expended for intergovernmental agreements, 
including grants, cooperative agreements, and contracts, with State 
and local law enforcement agencies engaged in the investigation 
and prosecution of violent crimes and drug offenses in "Weed and 
Seed" designated communities, and for either reimbursements or 
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, 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-14 
That funds designated by Congress through language for other 
Department of Justice appropriation accounts for "Weed and Seed" 
program activities shall be managed and executed by the Attorney 
General through the Executive Office for Weed and Seed: Provided 
further, That the Attorney General may direct the use of other 
Department of Justice funds and personnel in support of "Weed 
and Seed" program activities only after the Attorney General noti-
fies the Committees on Appropriations of the House of Representa-
tives and the Senate in accordance with section 605 of this Act. 
JUVENILE JUSTICE PROGRAMS 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention 
Act of 1974, as amended, including salaries and expenses in connec-
tion therewith to be transferred to and merged with the appropria-
tions for Justice Assistance, $144,000,000, to remain available until 
expended, as authorized by section 299 of part I of title II and 
section 506 of title V of the Act, as amended by Public Law 102-
586, of which: (1) $100,000,000 shall be available for expenses 
authorized by parts A, B, and C of title II of the Act; (2) $10,000,000 
shall be available for expenses authorized by sections 281 and 
282 of part D of title 11 of the Act for prevention and treatment 
programs relating to juvenile gangs; (3) $10,000,000 shall be avail-
able for expenses authorized by section 285 of part E of title 
II of the Act; (4) $4,000,000 shall be available for expenses author-
ized by part G of title II of the Act for juvenile mentoring programs; 
and (5) $20,000,000 shall be available for expenses authorized by 
title V of the Act for incentive grants for local delinquency preven-
tion programs. 
In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act 
of 1990, as amended, $4,500,000, to remain available until 
expended, as authorized by section 214B, of the Act: Provided, 
That balances of amounts appropriated prior to fiscal year 1995 
under the authorities of this account shall be transferred to and 
merged with this account. 
PUBLIC SAFETY OFFICERS BENEFITS 
For payments authorized by part L of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), 
as amended, such sums as are necessary, to remain available until 
expended, as authorized by section 6093 of Public Law 100-690 
(102 Stat. 4339-4340), and, in addition, $2,134,000, to remain avail-
able until expended, for payments as authorized by section 1201(b) 
of said Act. 
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE 
SEC. 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: 
29-194 O - 96 - 6 : QL 3 Part 2 
110 STAT. 1321-15 
PUBLIC LAW 104-134—APR. 26, 1996 
"Subtitle A—^Violent Offender 
Incarcer-
ation and Truth-in-Sentencing Incentive 
Grants 
42 use 13701. 
"SEC. 20101. DEFmiTIONS. 
"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 aggra-
vated assault as reported to the Federal Bureau of Investigation 
for purposes of the Uniform Crime Reports; and 
"(3) the term 'State' means a State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
the United States Virgin Islands, American Samoa, Guam, 
and the Northern Mariana Islands. 
42 use 13702. 
"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 require-
ments of section 20104, a State that certifies to the Attorney Gen-
eral 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-16 
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. 
42 USC 13703. 
"(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 punish-
ment for violent offenders, including violent juvenile offenders, and 
that the prison time served is appropriately related to the deter-
mination that the inmate is a violent offender and for a period 
of time deemed necessary to protect the public. 
"(b) ADDITIONAL AMOUNT FOR INCREASED PERCENTAGE OF PER-
SONS 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 actugdly 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 INCARCER-
ATION 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-m-SENTENCING INCENTIVE GRANTS. 
42 USC 13704. 
"(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, 
110 STAT. 1321-17 
PUBLIC LAW 104-134—APR. 26, 1996 
not later than 3 years after such State submits an appHcation 
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, prac-
tices 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 State's sentencing and release guide-
lines; 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 pris-
oner from posing a threat to the public, but only after a public 
hearing in which representatives of the public and the pris-
oner's victims have had an opportunity to be heard regarding 
a proposed release. 
42 use 13705. 
"SEC. 20105. SPECIAL RULES. 
"(a) SHARING OF FUNDS WITH COUNTIES AND OTHER UNITS 
OF LOCAL GOVERNMENT.— 
"(1) RESERVATION.—Each §tate shall reserve not more than 
15 percent of the amount of funds allocated in a fiscal year 
pursuant to section 20106 for counties and units of local govern-
ment to construct, develop, expand, modify, or improve jails 
and other correctional facilities. 
"(2) FACTORS FOR DETERMINATION OF AMOUNT.—^To deter-
mine the amount of funds to be reserved under this subsection, 
a State shall consider the burden placed on a county or unit 
of local government that results from the implementation of 
policies adopted by the State to carry out section 20103 or 
20104. 
"(b) ADDITIONAL REQUIREMENT.—^To be eligible to receive a 
grant under section 20103 or 20104, a State shall provide assur-
ances to the Attorney General that the State has implemented 
or will implement not later than 18 months after the date of 
the enactment of this subtitle, policies that provide for the recogni-
tion of the rights and needs of crime victims. 
"(c) FUNDS FOR JUVENILE OFFENDERS.—Notwithstanding any 
other provision of this subtitle, if a State, or unit of local government 
located in a State that otherwise meets the requirements of 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-18 
by an adult, would be a. part 1 violent crime, the State may use 
funds received under this subtitle to build or expand juvenile correc-
tional facilities or pretrial detention facilities for juvenile offenders. 
"(d) PRIVATE FACILITIES.—^A State may use funds received under 
this suiititle for the privatization of facilities to carry out the pur-
poses 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. 
42 USC 13706. 
"(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 determina-
tion 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 determina-
tion is made. 
110 STAT. 1321-19 
PUBLIC LAW 104-134—APR. 26, 1996 
"(b) ALLOCATION OF TRUTH-IN-SENTENCING GRANTS UNDER SEC-
TION 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 com-
parable 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 Attor-
ney 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. 
42 use 13707. 
«SEC. 20107. ACCOUNTABILirY. 
"(a) FISCAL REQUIREMENTS.—^A State that receives funds under 
this subtitle shall use accounting, audit, and fiscal procedures that 
conform to guidelines prescribed by the Attorney General, and 
shall ensure that any funds used to carry out the programs under 
section 20102(a) shall represent the best value for the State govern-
ments at the lowest possible cost and employ the best available 
technology. 
"(b) ADMINISTRATIVE PROVISIONS.—The administrative provi-
sions of sections 801 and 802 of the Omnibus Crime Control and 
Safe Streets Act of 1968 shall apply to the Attorney General under 
this subtitle in the same manner that such provisions apply to 
the officials listed in such sections. 
42 use 13708. 
"SEC. 20108. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.— 
"(1) AUTHORIZATIONS.—^There are authorized to be appro-
priated to carry out this subtitle— 
"(A) $997,500,000 for fiscal year 1996; 
"(B) $1,330,000,000 for fiscal year 1997; 
"(C) $2,527,000,000 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 per-
cent for incentive grants under section 20104. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-20 
"(B) DISTRIBUTION OF MINIMUM AMOUNTS.—^The Attor-
ney 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 Incarcer-
ation 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 avail-
able pursuant to this section shall not be used to supplant 
State funds, but shall be used to increase the amount of funds 
that would, in the absence of Federal funds, be made available 
from State sources. 
"(3) ADMINISTRATIVE COSTS.—^Not more than 3 percent of 
the funds 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 imple-
mented 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. 
42 USC 13709. 
"(a) RESERVATION OF FUNDS.—^Notwithstanding any other provi-
sion 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. 
110 STAT. 1321-21 
PUBLIC LAW 104-134—APR. 26, 1996 
42 use 13710. 
42 use 13711. 
42 use 13712. 
42USe3796ii6f 
42 use 3793. 
42 use 3793 
note. 
"SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION 
OF CRIMINAL ALIENS. 
"(a) IN GENERAL.—^The Attorney General shall make a payment 
to each State which is eligible under section 242(j) of the Immigra-
tion and Nationality Act 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 appro-
priated to carry out this section from amounts authorized under 
section 20108, an amount which when added to amounts appro-
priated to carry out section 242(j) of the Immigration and National-
ity Act for fiscal year 1996 equals $500,000,000 and for each of 
the fiscal years 1997 through 2000 does not exceed $650,000,000. 
"(c) 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 appro-
priated to carry out section 242(j) of the Immigration and National-
ity 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 Greneral may make pa5anents 
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(aX2), 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 eligi-
bility of the States under sections 20103 and 20104, and the dis-
tribution 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 subpara-
graph (A), £iny funds that remain available to an 
applicant under paragraph (20) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 shall 
be used in accordance with part V of such Act as 
if such Act was in effect on the day preceding the 
date of enactment of this Act. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-22 
(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 42USC3796u 
paragraph (1), any funds that remain available to an note. 
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 eUgible 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 31USC 3718 
Law 99-578, as amended, is extended through September 30, 1997. note. 
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: "'edu- 42 USC 14092. 
cational expenses" means expenses that are directly attributable 
to a course of education leading to the award of either a bacca-
laureate 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 £ind Related Agencies Appropriations 
Act, 1995 (P. L. 103-317,108 Stat. 1735 (1994)). 
This title may be cited as the "Department of Justice Appropria-
tions Act, 1996". 
110 STAT. 1321-23 
PUBLIC LAW 104-134—APR. 26, 1996 
Department of 
Commerce and 
Related Agencies 
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 avail-
able 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 author-
ized 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 demount-
able 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-24 
under the provisions of the Mutual Educational and Cultural 
Exchange Act shall include pajrment 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 serv-
ices 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 Administra-
tion 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 estab-
lished 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 appro-
priated 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 Eco-
nomic Development Administration: Provided further, That, not-
withstanding any other provision of law, the Secretary of Commerce 
may provide financial assistance for projects to be located on mili-
tary 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 
110 STAT. 1321-25 
PUBLIC LAW 104-134—APR. 26, 1996 
further, That the Secretary of Commerce may, as the Secretary 
considers appropriate, consult with the Secretary of Defense regard-
ing the title to land on military installations closed or scheduled 
for closure or realignment. 
SALARIES AND EXPENSES 
For necessary expenses of administering the economic develop-
ment 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 B U S I N E S S 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 A N D STATISTICS ADMINISTRATION REVOLVING FUND 
15 use 1527a 
The Secretary of Commerce is authorized to disseminate eco-
note. 
nomic and statistical data products as authorized by 15 U.S.C. 
1525-1527 and, notwithstanding 15 U.S.C. 4912, charge fees nec-
essary to recover the full costs incurred in their production. Notwith-
standing 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 appropria-
tion. 
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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-26 
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 Sec-
retary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Grovernment 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 infra-
structure: 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 
110 STAT. 1321-27 
PUBLIC LAW 104-134—APR. 26, 1996 
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 "Work-
ing Capital Fund". 
INDUSTRIAL TECHNOLOGY SERVICES 
For necessary expenses of the Manufacturing Extension Part-
nership 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 architec-
tural and engineering design, and for renovation of existing facili-
ties, 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 
33 use 851. 
acquisition, maintenance, operation, and hire of aircraft; not to 
exceed 358 commissioned officers on the active list; grants, con-
tracts, 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 aero-
nautical charting programs: Provided further. That the sum herein 
appropriated from the general fund shall be reduced as such addi-
tional 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-28 
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 facili-
ties 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 mod-
ernization 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 col-
lected pursuant to 22 U.S.C. 1980 (b) and (f), to remain available 
until expended. 
FISHERMEN'S CONTINGENCY FUND 
For carrying out the provisions of title IV of Public Law 95-
372, not to exceed $999,000, to be derived from receipts collected 
pursuant to that Act, to remain available until expended. 
FOREIGN FISHING OBSERVER FUND 
For expenses necessary to carry out the provisions of the Atlan-
tic 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 Fish-
eries 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 avail-
able until expended. 
110 STAT. 1321-29 
PUBLIC LAW 104-134—APR. 26, 1996 
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 appropria-
tions 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). 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-30 
SEC. 203. None of the funds made available by this Act may 
be used to support the hurricane reconnaissance aircraft and activi-
ties 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 
13 USC 23 note. 
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 Com-
merce, no later than 90 days thereafter, shall submit to the Commit-
tees 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 Com-
merce 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 proce-
dures set forth in that section. 
SEC. 207. Notwithstanding any other provision of law (including 
any regulation and including the Public Works and Economic Devel-
opment 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 Grovernment 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— 
110 SI/^T. 1321-31 
PUBLIC LAW 104-134—APR. 26, 1996 
(1) not later than January 1, 1996, commence the demoli-
tion 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, deter-
mines to be satisfactory. 
SEC. 209. Any costs incurred by a Department or agency funded 
under this title resulting from personnel actions taken in response 
to funding reductions included in this title shall be absorbed within 
the total budgetary resources available to such Department or 
agency: 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 expendi-
ture except in compliance with the procedures set forth in that 
section. 
16USC1851 
SEC. 210. None of the funds appropriated under this Act or 
note. 
any other Act may be used to develop new fishery management 
plans, amendments or regulations which create new individual fish-
ing quota, individual transferable quota, or new individual transfer-
able 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 deter-
mined by the Secretary to have been suffered" and inserting 
"help persons engaged in commercial fisheries, either by provid-
ing assistance directly to those persons or by providing assist-
ance indirectly through States and local government agencies 
and nonprofit organizations, for projects or other measures 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-32 
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 sub-
section as part of a fishing capacity reduction program in a 
fishery unless the Secretary determines that adequate conserva-
tion 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 there-
after used only for purposes of research, education, 
or training; or 
"(III) used for another non-fishing purpose pro-
vided the Secretary determines that adequate meas-
ures are in place to ensure that the vessel cannot 
reenter any fishery, 
"(C) A vessel that is prohibited from fishing under subpara-
graph (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 surve3dng and mapping services in 
accordance with Title IX of the Federgd 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 
Sp^PriatioL 
Act, 1996. 
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. 
110 STAT. 1321-33 
PUBLIC LAW 104-134—APR. 26, 1996 
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 A N D 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 A N D 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. 310^ and necessary expenses of the court, as authorized 
bylaw, $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, mag-
istrate 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 (includ-
ing 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 Child-
hood 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-34 
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 execu-
tion 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 equip-
ment and protective services for the United States Courts in court-
rooms 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 guide-
lines 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 A N D 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 
110 STAT. 1321-35 
PUBLIC LAW 104-134—APR. 26, 1996 
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 represen-
tation 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 Survi-
vors' Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,000,000, 
and to the United States Court of Federal Claims Judges' Retire-
ment Fund, as authorized by 28 U.S.C. 178(1), $1,900,000. 
UNITED STATES SENTENCING COMMISSION 
SALARIES AND EXPENSES 
For the salaries and expenses necessary to carry out the provi-
sions 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 appro-
priation, 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 proce-
dures 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-36 
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 or 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 
Department of 
State and 
Related Agencies 
Appropriations 
Act, 1996. 
8 u s e 1351 note. 
22 u s e 2695b. 
110 STAT. 1321-37 
PUBLIC LAW 104-134—APR. 26, 1996 
not to exceed $1,223,000 shall be derived from fees from other 
executive agencies for lease or use of facilities located at the Inter-
national Center in accordance with section 4 of the 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 per-
cent 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 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), 
5 use app. 11 
as it relates to post inspections: Provided, That notwithstanding 
note. 
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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-38 
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 accord-
ance 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 
rV 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 Con-
sular 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 trans-
ferred 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 modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional 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. 
110 STAT. 1321-39 
PUBLIC LAW 104-134—APR. 26, 1996 
INTERNATIONAL ORGANIZATIONS AND CONFERENCES 
22 USE 269A 
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 
note. 
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 Appro-
priations and International Relations of the House of Representa-
tives 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 borrow-
ings: Provided further. That of the funds appropriated in this para-
graph, $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 peace-
keeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-40 
manufacturers and suppliers are being given opportunities to pro-
vide equipment, services and material for United Nations peace-
keeping activities equal to those being given to foreign manufactur-
ers 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 con-
ferences 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 22USC269a 
obligations of the United States arising under treaties, or specific note. 
Acts of Congress, as follows: 
I N T E R N A T I O N A L B O U N D A R Y A N D 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 fol-
lows: 
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 author-
ized by 22 U.S.C. 2696(c). 
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS 
For necessary expenses, not otherwise provided for the Inter-
national 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 Inter-
national Joint Commission. 
INTERNATIONAL FISHERIES COMMISSIONS 
For necessary expenses for international fisheries commissions, 
not otherwise provided for, as authorized by law, $14,669,000: Pro-
vided, That the United States share of such expenses may be 
110 STAT. 1321-41 
PUBLIC LAW 104-134—APR. 26, 1996 
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 con-
trol, 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-42 
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 Reorganiza-
tion 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 Pro-
gram Trust Fund on or before September 30, 1996, to remain 
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, 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 0MB 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 Edu-
cational Exchange Act of 1948, as amended, the United States 
International Broadcasting Act of 1994, as amended, and Reorga-
nization Plan No. 2 of 1977, to carry out international communica-
tion activities; $325,191,000, of which $5,000,000 shall remain avail-
able 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 
110 STAT. 1321-43 
PUBLIC LAW 104-134—APR. 26, 1996 
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 (includ-
ing receipts from advertising, if any) by or for the use of the 
United States Information Agency from or in connection with broad-
casting 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 amend-
ed, 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 Broad-
casting Operations", "Broadcasting to Cuba", and "Radio Construc-
tion" 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 
P
roviding for the payment thereof, in excess of the rate authorized 
y 5 U.S.C. 5376. 
N O R T H / S O U T H 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-44 
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 Informa-
tion Agency in this Act may be transferred between such appropria-
tions, 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 expendi-
ture 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 legisla-
tion 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 compli-
ance 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 not-
withstanding section 701 of the United States Information and 
note. 
110 STAT. 1321-45 
PUBLIC LAW 104-134—APR. 26, 1996 
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 PubHc Law 101-454 are 
20 use 5205. 
repealed. In addition, notwithstanding any other provision of law, 
20 use 5203 
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 initi-
ation of the deplo3nnent. 
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 expendi-
ture 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 Disar-
mament 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 Conven-
tion": 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". 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-46 
TITLE V—RELATED AGENCIES 
DEPARTMENT OF TRANSPORTATION 
MARITIME ADMINISTRATION 
OPERATING-DIFFERENTIAL SUBSIDIES 
(LIQUIDATION OF CONTRACT AUTHORITY) 
For the pajnnent of obligations incurred for operating-differen-
tial 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 avail-
able until expended: Provided, That these funds will be available 
only upon enactment of an authorization for this program. 
OPERATIONS AND TRAINING 
For necessary expensiBS 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 Administra-
tion, 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 trans-
ferred 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 administra-
tive 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 
29-194 O - 96 - 7 : QL 3 Part 2 
110 STAT. 1321-47 
PUBLIC LAW 104-134—APR. 26, 1996 
make necessary repairs in connection with any lease, contract, 
or occupancy involving Government property under control of the 
Maritime Administration, and payments received therefor shall be 
credited to the appropriation charged with the cost thereof: Pro-
vided, That rental payments under any such lease, contract, or 
occupancy for items other than such utilities, services, or repairs 
shall be covered into the Treasury as miscellaneous receipts. 
No obligations shall be incurred during the current fiscal year 
from the construction fund established by the Merchant Marine 
Act, 1936, or otherwise, in excess of the appropriations and limita-
tions contained in this Act or in any prior appropriation Act, and 
all receipts which otherwise would be deposited to the credit of 
said fund shall be covered into the Treasury as miscellaneous 
receipts. 
COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE 
ABROAD 
SALARIES AND EXPENSES 
For expenses for the Commission for the Preservation of Ameri-
ca's Heritage Abroad, $206,000, as authorized by Public Law 99-
83, section 1303. 
COMMISSION ON CIVIL RIGHTS 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Civil Rights, 
including hire of passenger motor vehicles, $8,750,000: Provided, 
That not to exceed $50,000 may be used to employ consultants: 
Provided further. That none of the funds appropriated in this para-
graph shall be used to employ in excess of four full-time individuals 
under Schedule C of the Excepted Service exclusive of one special 
assistant for each Commissioner: Provided further. That none of 
the funds appropriated in this paragraph shall be used to reimburse 
Commissioners for more than 75 billable days, with the exception 
of the Chairperson who is permitted 125 billable days. 
COMMISSION ON IMMIGRATION REFORM 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Immigration 
Reform pursuant to section 141(f) of the Immigration Act of 1990, 
$1,894,000, to remain available until expended. 
COMMISSION ON SECURITY AND COOPERATION IN EUROPE 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, 
$1,090,000, to remain available until expended as authorized by 
section 3 of Public Law 99-7. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-48 
COMPETITIVENESS POLICY COUNCIL 
SAIJVRIES AND EXPENSES 
For necessary expenses of the Competitiveness Policy Council, 
$50,000: Provided, That this shall be the final Federal pa5nnent 
to the Competitiveness Policy Council. 
EQUAL EMPLO\TVIENT OPPORTUNITY COMMISSION 
SAI.ARIES AND EXPENSES 
For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act 
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the Americans 
with Disabilities Act of 1990 and the Civil Rights Act of 1991, 
including services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary 
awards to private citizens; not to exceed $26,500,000, for payments 
to State and local enforcement agencies for services to the Commis-
sion pursuant to title VII of the Civil Rights Act of 1964, as 
amended, sections 6 and 14 of the Age Discrimination in Employ-
ment Act, the Americans with Disabilities Act of 1990, and the 
Civil Rights Act of 1991; $233,000,000: Provided, That the Commis-
sion is authorized to make available for official reception and rep-
resentation expenses not to exceed $2,500 from available funds. 
FEDERAL COMMUNICATIONS COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal 
Communications 
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901-02; not to exceed 
$600,000 for land and structure; not to exceed $500,000 for improve-
ment and care of grounds and repair to buildings; not to exceed 
$4,000 for official reception and representation expenses; purchase 
(not to exceed sixteen) and hire of motor vehicles; special counsel 
fees; and services as authorized by 5 U.S.C. 3109; $185,709,000, 
of which not to exceed $300,000 shall remain available until Septem-
ber 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 Commer-
cial Markets 1 through 10 and inserting "$32,000"; (2) striking 
"$19,925" in the Annual Regulatory Fee column for VHF Commer-
cial Markets 11 through 25 and inserting "$26,000"; (3) striking 
110 STAT. 1321-49 
PUBLIC LAW 104-134—APR. 26, 1996 
"$14,950" in the Annual Regulatory Fee column for VHF Commer-
cial 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 Remain-
ing Markets and inserting "$2,500"; and (6) striking "$17,925" in 
the Annual Regulatory Fee column for UHF Commercial Markets 
I through 10 and inserting "$25,000"; (7) striking "$15,950" in 
the Annual Regulatory Fee column for UHF Commercial Markets 
II 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 Remain-
ing Markets and inserting "$2,000": Provided further. That the 
Federal Communications Commission shall, not later than 30 days 
after receipt of a p'stition 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 Pitts-
burgh, 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 a ^ 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. 
1 Missing text, probably "as". 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-50 
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 pas-
senger 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 notwithstand-
ing any other provision of law, not to exceed $48,262,000 of offset-
ting 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 Corpora-
tion 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 Commis-
sion, 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 Gen-
eral, 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 administra-
tion: 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. 
110 STAT. 1321-51 
PUBLIC LAW 104-134—APR. 26, 1996 
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 deter-
mined 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)(l)(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 commu-
nities 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-52 
(B) is goveraed by a board of directors or other govern-
ing body, the majority of which is comprised of attorneys 
who— 
(i) are admitted to practice in a State or the Dis-
trict 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)(l)(A)(ii) of the Legal Services Corporation Act (42 
U.S.C. 2996e(a)(l)(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 ^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 Regulations, 
this Act, the Legal Services Corporation shall promulgate regula-
tions to implement a competitive selection process for the recipients 
of such grants and contracts. 
(c) Such regulations shall specify selection criteria for the recipi-
ents, which shall include— 
(1) a demonstration of a full understanding of the basic 
legal needs of the eligible clients to be served and a demonstra-
tion 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, prac-
tices, and restrictions. 
(d) Such regulations shall ensure that timely notice regarding Publication, 
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. 
110 STAT. 1321-53 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 Corpora-
tion Act (42 U.S.C. 2996fla)(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 equip-
ment 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 state-
ment 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, initia-
tive, 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, tele-
gram, telephone communication, letter, printed or written mat-
ter, 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 partici-
pates in litigation against a defendant, or engages in a 
precomplaint settlement negotiation with a prospective defend-
ant, 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 Eng-
lish 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 recipi-
ent, 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: 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-54 
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 plain-
tiff 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 organiza-
tion, 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 organiza-
tion 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 situa-
tions defined by such board and in accordance with 
the written procedures of such board for such situa-
tions; and 
(B) the staff of such person or entity provides to the 
governing board on a quarterly basis, and to the Corpora-
tion 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 Cor-
poration 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 para-
graph 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— 
110 STAT. 1321-55 
PUBLIC LAW 104-134—APR. 26, 1996 
(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, reli-
gion, 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 dissemina-
tion 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 abor-
tion; 
(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 recipi-
ent from representing an individual eligible client who is seek-
ing specific relief from a welfare agency if such relief does 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-56 
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 Public housing, 
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 hous-
ing 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 nonattomey 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 Corpora-
tion; 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 pro-
vided 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 sug-
gested 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 pro-
vided; 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 pur-
poses 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. 
110 STAT. 1321-57 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 Cor-
poration 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 Cor-
poration 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-58 
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 Reports, 
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 finan- Audits, 
cial 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 stand-
ards 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 regu-
lations 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 Greneral 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 noncompli-
ance directly to the Office of the Inspector General within 5 business 
days of the recipient's 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 account-
ants. The cost of such audits shall be shared on a pro rata basis 
among all of the recipient's 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 Gen-
110 STAT. 1321-59 
PUBLIC LAW 104-134—APR. 26, 1996 
eral, 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 recipient's fund-
ing until the audit is completed satisfactorily. 
(2) The suspension of recipient's 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 Gen-
eral 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 Fed-
eral 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 expedi-
tiously 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 account-
ants 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. 
(1) The requirements of this section shall apply to a recipient 
for its first fiscal year beginning on or after January 1, 1996. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-60 
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 Termination. 
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 Commis-
sion 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 Pro-
gram: 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 representa-
tion 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, devel-
opment 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 
l5USC77fnote. 
enactment of this Act, the rate of fees under section 6(b) of the 
Securities Act of 1933 (15 U.S.C. 77fTb)) shall increase from one-
fiftieth of one percentum to one-twenty-ninth of one percentum. 
110 STAT. 1321-61 
PUBLIC LAW 104-134—APR. 26, 1996 
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 Invest-
ment 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 notwith-
standing 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 trans-
ferred to and merged with the appropriations for Salaries and 
Expenses. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-62 
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 Revolv-
ing Fund", authorized by the Small Business Investment Act, as 
amended, $2,530,000, to remain available without fiscal year limita-
tion 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 Adminis-
tration 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 author-
ized 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 avail-
able 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, pursu-
ant 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 exist-
ing law, or under existing Executive order issued pursuant to exist-
ing 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. 
110 STAT. 1321-63 
PUBLIC LAW 104-134—APR. 26, 1996 
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 activi-
ties; or (6) contracts out or privatizes any functions or activities 
presently performed by Federal employees; unless the Appropria-
tions 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 re-
programming of funds in excess of $500,000 or 10 percent, which-
ever is less, that (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing pro-
gram, 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 fifleen 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 out-
side 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 harass-
ment 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-64 
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 Viet-
nam 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/MIA's, 
(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 peacekeep-
ing 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 President's 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 recommenda-
tion. 
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 
note. 
110 STAT. 1321-65 
PUBLIC LAW 104-134—APR. 26, 1996 
provisions of the March 1995 Office of Cuba Broadcasting Reinvent-
ing 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. 
Effective date. 
(b) This section shall take effect 30 days after the date of 
18 use 5002 
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 fuHher, 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 expendi-
ture 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-66 
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 
Prison Litigation 
Reform Act of 
SEC. 801. SHORT TITLE. 
1995. 
^ ^ 
18 u s e 3601 
This title may be cited as the "Prison Litigation Reform Act note. 
of 1995". 
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS. 
(a) IN GENERAL.—Section 3626 of title 18, United States Code, 
is amended to read as follows: 
"§3626. Appropriate remedies with respect to prison condi-
tions 
"(a) REQUIREMENTS FOR RELIEF.— 
"(1) PROSPECTIVE RELIEF.—(A) Prospective relief in any 
civil action with respect to prison conditions shall extend no 
further than necessary to correct the violation of the Federal 
right of a particular plaintiff or plaintiffs. The court shall 
not grant or approve any prospective relief unless the court 
finds that such relief is narrowly drawn, extends no further 
than necessary to correct the violation of the Federal right, 
and is the least intrusive means necessary to correct the viola-
tion of the Federal right. The court shall give substantial weight 
to any adverse impact on public safety or the operation of 
a criminal justice system caused by the relief. 
"(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 
110 STAT. 1321-67 
PUBLIC LAW 104-134—APR. 26, 1996 
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 facili-
ties, 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; 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-68 
"(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 termi-
nated 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 ter-
minable under paragraph (1) or (2), to the extent that modifica-
tion 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 agree-
ment 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 claim-
ing 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— 
110 STAT. 1321-69 
PUBLIC LAW 104-134—APR. 26, 1996 
"(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. 
"(0 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 hear-
ings 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 party's 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 judge's selection of the 
special master under this subsection, on the ground of partial-
ity. 
"(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 appoint-
ment 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— 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-70 
"(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 challeng-
ing the fact or duration of confinement in prison; 
"(3) the term 'prisoner' means any person subject to incar-
ceration, 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 injunc-
tive relief, that has the purpose or effect of reducing or limiting 
the prison population, or that directs the release from or non-
admission 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 18USC3626 
Code, as amended by this section, shall apply with respect 
^o^. 
to all prospective relief whether such relief was originally 
granted or approved before, on, or after the date of the enact-
ment of this title. 
(2) TECHNICAL AMENDMENT.—Subsections (b) and (d) of 
section 20409 of the Violent Crime Control and Law Enforce-
ment Act of 1994 are repealed. 
18 USC 3626 
(c) CLERICAL AMENDMENT.—The table of sections at the begin- note, 
ning 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 IX) CIVIL RIGHTS OF INSTITUTIONAUZED 
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: 
110 STAT. 1321-71 
PUBLIC LAW 104-134—APR. 26, 1996 
"(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 Gen-
eral's"; 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 ADMINISTRA-
TIVE 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 shsdl 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) ATTORNEY'S FEES.—(1) In any action brought by a prisoner 
who is confined to any jail, prison, or other correctional facility, 
in which attorney's 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-72 
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 enforc-
ing 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 attorney's 
fees awarded against the defendant. If the award of attorney's 
fees is not greater than 150 percent of the judgment, the excess 
shall be paid by the defendant. 
"(3) No award of attorney's 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 attorney's 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 correc-
tional 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 prisoner's participation is required or permitted shall 
be conducted by telephone, video conference, or other telecommuni-
cations 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 communica-
tions 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 proce-
dure, such waiver shall not constitute an admission of the allega-
tions 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 com-
plaint Isrought 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.". 
110 STAT. 1321-73 
PUBLIC LAW 104-134—APR. 26, 1996 
(e) REPORT TO CONGRESS.—Section 8 of the Act (42 U.S.C. 
19970 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 "sub-
mits 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 sub-
section: 
"(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 prisoner's account; 
or 
"(B) the average monthly balance in the prisoner's 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 month's income credited to the prisoner's account. 
The agency having custody of the prisoner shall forward payments 
from the prisoner's account to the clerk of the court each time 
the amount in the account exceeds $10 until the filing fees are 
paid. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-74 
"(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 "sub-
sections (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 para-
graph (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 debtor's 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) Judg-
ment"; 
(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 
110 STAT. 1321-75 
PUBLIC LAW 104-134—APR. 26, 1996 
of the United States that was dismissed on the grounds that it 
is frivolous, maHcious, 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, viola-
tions of criminal law or the terms and conditions of parole, proba-
tion, 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: 
"§ 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 iden-
tify 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.". 
18 u s e 3626 
SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PEND-
note. 
ING 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-76 
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. 18 USC 3626 
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 REVOCA-
TION. 
(a) IN GENERAL.—Chapter 123 of title 28, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 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 Litiga-
tion Reform Act shall vest on the date the prisoner is released 
from custody.". 
110 STAT. 1321-77 
PUBLIC LAW 104-134—APR. 26, 1996 
18 u s e 3626 
note. 
District of 
Columbia 
Appropriations 
Act, 1996. 
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 Appropria-
tions Act, 1996.". 
(b) For programs, projects or activities in the District of Colum-
bia 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-Govemment and Govern-
mental 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-Dis-
trict 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 fur-
ther, That any program fees collected from the issuance of debt 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-78 
shall be available for the payment of expenses of the debt manage-
ment 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 Colum-
bia 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 manage-
ment 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 Reports. 
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 Gk)vern-
mental Affairs of the Senate reporting the results of a needs analy-
sis and assessment of the existing financial management environ-
ment, specifying the deficiencies in, and recommending necessary 
improvements to or replacement of the District's financial manage-
ment system including a detailed explanation of each recommenda-
tion and its estimated cost; and (2) 30 days lapse after receipt 
of the report by Congress: Provided further. That the District of Gallaudet 
Columbia government shall enter into negotiations with Gallaudet University. 
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 Colum-
bia 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 Agency's 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 
29-194 O - 96 - 8 : QL 3 Part 2 
110 STAT. 1321-79 
PUBLIC LAW 104-134—APR. 26, 1996 
be repaid to the District of Columbia government only from avail-
able 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 commence-
ment of the debt service payments, such pa5mients shall be depos-
ited 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 Depart-
ment 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 fur-
ther, That not to exceed $500,000 shall be available from this 
appropriation for the Chief of Police for the prevention and detection 
Reports. 
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 not-
withstanding any other provision of law, or Mayor's Order 86-
45, issued March 18, 1986, the Metropolitan Police Department's 
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 procure-
ment review process, or to obtain the approval of or be restricted 
in any manner by any official or employee of the District of Colum-
bia 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 Septem-
ber 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 Guardian-
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-80 
ship, 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 Dis-
trict of Columbia shall operate and maintain a free, 24-hour tele-
phone information service whereby residents of the area surround-
ing 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 govern- Communications, 
ment shall also take steps to publicize the availability of the 24- Ppsons. 
hour telephone information service among the residents of the area ^irgima. 
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 deter-
mined 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 nec-
essary 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 Teach-
110 STAT. 1321-81 
PUBLIC LAW 104-134—APR. 26, 1996 
ers' Retirement Fund; $79,396,000 and 1,079 full-time equivalent 
positions (including $45,377,000 and 572 full-time equivalent posi-
tions from local funds, $10,611,000 and 156 full-time equivalent 
positions from Federal funds, $16,922,000 and 189 full-time equiva-
lent 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 posi-
tions 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 Fed-
eral funds) for the Commission on the Arts and Humanities: Pro-
vided, 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 appro-
priation 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 Univer-
sity 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 Home-
less 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 
j 
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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-82 
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 pajonent 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 mod-
ern, adequate, and efficient hospital center in the District of Colum-
bia, approved August 7, 1946 (60 Stat. 896; PubUc 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 Nation's 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 Commis-
sioners of the District of Columbia to plan, construct, operate, 
and maintain a sanitarj^ 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-Govemment and Governmental 
Reorganization Act of 1973, approved December 24, 1973, as amend-
ed (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 Colum-
bia 
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 renegoti-
110 STAT. 1321-83 
PUBLIC LAW 104-134—APR. 26, 1996 
ation 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 exist-
ing 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 compensa-
tion and benefits of all employees of the District of Columbia govern-
ment during that fiscal year: Provided further. That notwithstand-
ing 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 Colum-
bia 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, 
Reports. 
sec. 47-363), $4,563,000 from local funds: Provided, That the Dis-
trict 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 
PUBLIC Li^W 104-134—APR. 26, 1996 
110 STAT. 1321-84 
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, sees. 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 Nation's Capital City, approved June 6, 1958 (72 
Stat. 183; Public Law 85-451; including acquisition of sites, 
preparation of plans and specifications, conducting preliminary sur-
veys, 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 appro-
priated under this heading in prior fiscal years is rescinded: Pro-
vided further, That funds for use of each capital project implement-
ing 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 notwith-
standing 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 assess-
ments 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 
110 STAT. 1321-85 
PUBLIC LAW 104-134—APR. 26, 1996 
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, estab-
lished 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 Dis-
trict of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. 
Code, sees. 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 Colum-
bia shall identify the source of funding for this appropriation title 
from the District's 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) (includ-
ing $2,019,000 and 8 full-time equivalent positions from local funds 
and $332,000 from other funds), of which $572,000 shall be trans-
ferred 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-Govemment 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, effec-
tive 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-86 
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, 
Reports. 
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 expendi-
tures 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 Dis-
trict 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 Manage-
ment Assistance Act of 1995, approved April 17, 1995 (109 Stat. 
97; PubHc 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 serv-
ices, 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, pursu-
ant to section 208 of Public Law 104-8, approved April 17, 1995 
(109 Stat. 134). 
110 STAT. 1321-87 
PUBLIC LAW 104-134—APR. 26, 1996 
GENERAL PROVISIONS 
Public inspection. 
SEC. 101. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, pursu-
ant 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 exist-
ing law, or under existing Executive order issued pursuant to exist-
ing 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 auto-
mobiles 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 modify-
ing 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 require-
ment 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; PubHc 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 institu-
tions, the compensation of personnel, or for other educational pur-
poses may be used to permit, encourage, facilitate, or further par-
tisan political activities. Nothing herein is intended to prohibit 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-88 
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 District of 
government for the fiscal year ending September 30, 1997, shall Columbia budget, 
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 Govern-
ment 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 con-
tained 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 public-
ity or propaganda purposes or implementation of any policy includ-
ing 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 Reports, 
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 accom-
panied 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 Reprogram-
ming 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. 
110 STAT. 1321-89 
PUBLIC LAW 104-134—APR. 26, 1996 
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 sub-
section (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 Govern-
mental 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 Dis-
trict 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 District's 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-90 
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 determina-
tion 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 seques-
tration orders shall not be applied to any account that is specifically 
exempted from sequestration by the Balanced Budget and Emer-
gency 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 seques- Sequestration, 
tration percentage specified in the order shall be applied proportion-
ately to each of the Federal appropriation accounts in this Act 
that are not specifically exempted from sequestration by the Bal-
anced 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 func-
tions 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-Govemment 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— 
110 STAT. 1321-91 
PUBLIC LAW 104-134—APR. 26, 1996 
(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. 
Records. 
(b) Each entity of the District of Columbia government shall 
Public inspection, 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 regula-
tions 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. 
l-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 Colum-
bia 
Self-Government 
and 
Governmental 
Reorganization 
Act, 
approved December 24, 1973 (87 Stat. 813; Public Law 93-198; 
D.C. Code, sees. 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.". 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-92 
(b) Section 433(b)(5) (title 11, App. 433) is amended to read 
as follows: 
"(5) Members of the Commission shall serve without compensa-
tion for services rendered in connection with their official duties 
on the Commission.". 
MuLTiYEAR CONTRACTS 
SEC. 134. Section 451 of the District of Columbia Self-Grovem-
ment and Grovernmental Reorganization Act of 1973, approved 
December 24, 1973 (87 Stat. 803; Pubhc 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 termi-
nation 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 other-
wise 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 affii*mative 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 legisla-
tion. 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 
110 STAT. 1321-93 
PUBLIC LAW 104-134—APR. 26, 1996 
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 bargain-
ing 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 descrip-
tion, 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 expendi-
ture projections vs. budget broken out on the basis of control 
center, responsibility center, agency reporting code, and object 
class, and for all funds, including capital 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 report-
ing 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 pa3anents 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 are 
required to be, and have been submitted to the Board of Edu-
cation; and 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-94 
(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 expendi-
ture 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 pa5anents 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 struc-
ture 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 com-
pile 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, 
110 STAT. 1321-95 
PUBLIC LAW 104-134—APR. 26, 1996 
and thereafter on full-time equivalent basis, including a com-
pilation 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 Colum-
bia Public Schools and the University of the District of Colum-
bia 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 report-
ing 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 congres-
sional committees, the Mayor, the District of Columbia Council, 
the Consensus Commission, and the Authority, a revised appro-
priated 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 expendi-
tures. 
(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 Mayor's 
budget submission to the Council of the District of Columbia pursu-
ant to section 442 of the District of Columbia Self-Govemment 
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 Mayor's budget submission to the Council of the 
District of Columbia in accordance with section 442 of the District 
of Columbia Self-Govemment 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-96 
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 Mayor's 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 Manage-
ment 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 appro-
priated 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. l(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: 
110 STAT. 1321-97 
PUBLIC LAW 104-134—APR. 26, 1996 
"(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 competi-
tive 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 kjiown 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 
Reports. 
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 Representa-
tives 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 com-
pleted 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-98 
agency on the basis of all or a clearly identifiable segment 
of an agency's 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 head's 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 competi-
tion 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 posi-
tions in the employee's 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, effec-
tive 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 proce-
dures 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 comput-
ing creditable service for severance pay for employees separated 
pursuant to this section— 
110 STAT. 1321-99 
PUBLIC LAW 104-134—APR. 26, 1996 
"(1) four years for an employee who qualified for veter-
an's 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 
employee's 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. 
"(1) 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.—Not-
withstanding any other provision of law, the total amount appro-
priated in this Act for operating expenses for the District of Colum-
bia 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 CEIL-
ING.— 
(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 Dis-
trict government that are not reflected in the amounts appro-
priated 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 proce-
dures 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 para-
graph. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-100 
(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 Commit-
tees 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 para-
graph (1) shall address the following issues: 
(A) The reorganization of the central office of the 
Department, including the consolidation of units and the 
redeplojonent of personnel. 
(B) The establishment of a centralized inmate classi-
fication unit. 
(C) The implementation of a revised classification sys-
tem 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 oper-
ations. 
(F) Capital improvements. 
(G) The preparation of a methodology for developing 
and assessing options for the long-term status of the Com-
plex 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, Con-
gress, and the District of Columbia Financial Responsibility 
and Management Assistance Authority. 
(b) 
OPTIONAL PLANS FOR LONG-TERM TREATMENT OF COM-
PLEX.— 
(1) IN GENERAL.—Not later than July 1, 1996, the National Contracts. 
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: 
110 STAT. 1321-101 
PUBLIC LAW 104-134—APR. 26, 1996 
(A) A separate plan under which the Complex will 
be closed and inmates transferred to new facilities con-
structed 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 govern-
ment will operate the Complex and inmates will be sen-
tenced 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 con-
sider 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 manage-
ment 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 person-
nel, training, adoption of new policies and procedures, and 
the establishment of essential administrative organiza-
tional structures to carry out the plan. 
(D) In determining the bed capacity required for the 
Department through 2002, the plan shall use the popu-
lation projections developed under the plan under sub-
section (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 Depart-
ment 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 plan's 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 Presi-
dent, 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-102 
Columbia Financial Responsibility and Management Assist-
ance 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 Respon-
sibility and Management Assistance Act of 1995. 
(3) SUBMISSION OF PLAN.—^Upon completing the develop-
ment 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 Colum-
bia 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-Grovernment 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 nec-
essary 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. Notwith-
standing 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 G S A TO PROVIDE SUPPORT SERVICES.— 
Section 103(f) of the District of Columbia Financial Responsibility 
110 STAT. 1321-103 
PUBLIC LAW 104-134—APR. 26, 1996 
and Management Assistance Act of 1995 is amended by striking 
"may provide" and inserting "shall promptly provide". 
(b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS FOR INDIVID-
UALS 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 AUTHOR-
ITY.— 
"(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 individ-
ual 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 individual's 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 insur-
ance); and 
"(iii) chapter 89 of such title (relating to health 
insurance); and 
"(B) shall disqualify such individual, while such elec-
tion 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 Grovemment; and 
"(B) such individual's service with the Authority com-
mences 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; 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-104 
"(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 ^^ 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 sub-
section 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) EFFECTI\^ 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 
110 STAT. 1321-105 
PUBLIC LAW 104-134—APR. 26, 1996 
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 subpara-
graph 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 pre-
scribed 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 Colum-
bia 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 regula-
tions; 
(II) would have been eligible to make an elec-
tion 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 insert-
ing "the Authority, its members, and its employees"; and 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-106 
(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 oper-
ation 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. 
110 STAT. 1321-107 
PUBLIC LAW 104-134—APR. 26, 1996 
l-725(a)), for purposes of reducing the authorized Federal payment 
to the District of Columbia Police Officers and Fire Fighters' Retire-
ment 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, sees. l-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 Presi-
dent pro tempore of the Senate. 
CONVEYANCE OF CERTAIN PROPERTY TO ARCHITECT OF THE CAPITOL 
D.C. Village. 
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 Attach-
ment A of the agreement. 
This title may be cited as the "District of Columbia Appropria-
tions Act, 1996". 
District of 
TITLE II—DISTRICT OF COLUMBIA SCHOOL 
Coluir 
Refort 
1995. 
Columbia School 
Xi'V*x^r\'DTkJl 
Reform Act of 
JtM.l' U JtiVl 
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 Over-
sight 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 Assist-
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-108 
ance Authority established under section 101(a) of the District 
of Columbia Financial Responsibility and Management Assist-
ance 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-Govemment and Governmental Reorganiza-
tion 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 Govern-
mental Reorganization Act; 
(iii) any other agency, board, or commission estab-
lished by the Mayor or the District of Columbia Coun-
cil; 
(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 
110 STAT. 1321-109 
PUBLIC LAW 104-134—APR. 26, 1996 
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 SYS-
TEM.—^The term "District of Columbia Government retirement 
system" means the retirement programs authorized by the Dis-
trict 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 pub-
lic 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 strate-
gies (including individual student assessments under subpara-
graph (E)(ii)) administered by the Superintendent to students 
enrolled in District of Columbia public schools and public char-
ter schools that— 
(A) are aligned with the District of Columbia's content 
standards and core curriculum; 
(B) provide coherent information about student attain-
ment 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 accommoda-
tions for students with special needs (as defined in 
paragraph (32)) necessary to measure the achievement 
of such students relative to the District of Columbia's 
content standards; and 
(iv) the inclusion of limited-English proficient stu-
dents, 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 "elec-
tronic data transfer system" means a computer-based process 
for the maintenance and transfer of student records designed 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-110 
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 Colum-
bia law. 
(16) ELIGIBLE APPLICANT.—The term "ehgible 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 PubHc 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 student's 
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 student's goals, and 
develop such student's knowledge and potential; and 
(B) in the case of an adult, such adult's 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 adult's goals, and 
develop such adult's 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. 
29-194 O - 96 - 9 : QL 3 Part 2 
110 STAT. 1321-111 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 attend-
ance, 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 stu-
dent" 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 "pubhc charter 
school" means a publicly funded school in the District of Colum-
bia 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-112 
(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 Assist-
ance 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) SuMMi\RY OF RECOMMENDATIONS.—^The Super-
intendent 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 recommenda-
tions. 
(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 descrip-
tion of how the District of Columbia public schools will accom-
plish the following: 
(A) Achievement at nationally and internationally 
competitive levels by students attending District of Colum-
bia public schools. 
(B) The preparation of students for the workforce, 
including— 
(i) providing special emphasis for students plan-
ning to obtain a postsecondary education; and 
(ii) the development of individual career paths. 
110 STAT. 1321-113 
PUBLIC LAW 104-134—APR. 26, 1996 
(C) The improvement of the health and safety of stu-
dents in District of Columbia public schools. 
(D) Local school governance, decentralization, auton-
omy, and parental choice among District of Columbia public 
schools. 
(E) The implementation of a comprehensive and effec-
tive 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 student's comple-
tion 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 activi-
ties, 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 resi-
dents of the communities served by such schools. 
(N) The establishment of programs which provide coun-
seling, 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-114 
(?) 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 consulta-
tion with the Superintendent and unions (including unions 
that represent teachers and unions that represent prin-
cipals). 
(R) The implementation 
of policies that 
require 
competitive appointments for all District of Columbia public 
school positions. 
(S) The implementation of policies regarding alter-
native 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 gind 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 Commis-
sion, and the appropriate congressional committees regard-
ing the carr3dng out of the long-term reform plan; and 
(E) the title of the management employee of the Dis-
trict of Columbia public schools most directly responsible 
for the achievement of each goal and, with respect to each 
such employee, the title of the employee's immediate super-
visor 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 subse-
quent 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 
110 STAT. 1321-115 
PUBLIC LAW 104-134—APR. 26, 1996 
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 exist-
ing 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 author-
ity 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 teach-
ers employecHn 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 exist-
ing 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 author-
ity 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 teach-
ers 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-116 
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 con-
duct 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, pro-
ficiency, 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 
school's 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 maxi-
mum enrollment of each grade level. 
(5) A description of the plan for evaluating student aca-
demic 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 con-
structed 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 
110 STAT. 1321-117 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 pro-
posed Board of Trustees and the procedures for selecting trust-
ees. 
(10) A description of the student enrollment, admission, 
suspension, expulsion, and other disciplinary policies and proce-
dures of the proposed school, and the criteria for making deci-
sions 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 corpora-
tions 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 Pro-
grams. 
(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 school's educational 
program includes preschool or prekindergarten, an assurance 
the proposed school will be licensed as a child development 
center by the District of Columbia Grovernment 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 school's 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 
PUBLIC Li^W 104-134—APR. 26, 1996 
110 STAT. 1321-118 
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 Colum-
bia 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 charter- 
, 
ing 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, i
f
— 
(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 sub-
title 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 deter-
mines 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 
110 STAT. 1321-119 
PUBLIC LAW 104-134—APR. 26, 1996 
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 sub-
section (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 
school's 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 insur-
ance 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 school's oper-
ation, including preparation of a budget and personnel matters. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-120 
(8) To sue and be sued in the public charter school's 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 author-
ity 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) DEAJDLINE 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 ration-
ale 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 effec-
tive 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 tui-
tion, 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 expendi-
tures, administration, personnel, and instructional meth-
ods, 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 school's 
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 
110 STAT. 1321-121 
PUBLIC LAW 104-134—APR. 26, 1996 
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 gov-
erned 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 subpara-
graph (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 peti-
tion 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 independ-
ent 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 qualifica-
tions 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-122 
(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 edu-
cation 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 Non-
profit 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.—Subpara-
graph (A) shall not be construed to abrogate any immunity 
under common law of a person described in such subpara-
graph. 
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 selec-
tion 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 
110 STAT. 1321-123 
PUBLIC LAW 104-134—APR. 26, 1996 
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 student's 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 bound-
aries, 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.— 
PUBLIC l A W 104-134—APR. 26, 1996 
110 STAT. 1321-124 
(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 Super-
intendent 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 rticeived 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 employee's 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 employee's 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 emplojrment 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 char-
ter school may require a former employee of the District of 
Columbia public schools to transfer to the public charter school's 
retirement system as a condition of employment. 
(5) CONTRIBUTIONS.— 
(A) EMPLOYEES ELECTING NOT TO TRANSFER.—In 
the 
case of a foraier employee of the District of Columbia 
public schools who elects to remain in a District of Colum-
bia (rovernment 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. 
110 STAT. 1321-125 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 employee's 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 PUBUC 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 agree-
ment between a public charter school £ind 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 provi-
sions 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-126 
(2) ALLOCATION FOR FISCAL YEARS I996 THROUGH I998.— 
(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 Columbia's total alloca-
tion 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 Columbia's 
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 char-
ter school. 
(ii) The number of low-income students who, dur-
ing 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, dur-
ing 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 serv-
ices 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 char-
ter 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 
110 STAT. 1321-127 
PUBLIC LAW 104-134—APR. 26, 1996 
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 por-
tion of the total allocation calculated under subpara-
graph (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 school's use of funds 
under part A of title I of the Elementary and Secondary Edu-
cation Act of 1965. 
(5) ESEA REQUIREMENTS.—^Except as provided in para-
graph (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 require-
ments applicable to schools receiving such funds. 
(6) INAPPLICABILITY OF CERTAIN ESEA PROVISIONS.—^The fol-
lowing 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 T A X E S . ^ A public charter school shall 
be exempt from District of Columbia property and sales taxes. 
(c) EDUCATION OF CHILDREN WITH DISABILITIES.—Notwith-
standing 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). 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-128 
SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING AUTHORI-
TIES. 
(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 nec-
essary 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 charter-
ing 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 GENERAI^.—^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. 
110 STAT. 1321-129 
PUBLIC LAW 104-134—APR. 26, 1996 
(3) The number of petitions received by the eligible charter-
ing 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 expecta-
tions, 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 relat-
ing 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 sub-
section (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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-130 
than 15 days after the date on which the ehgible chartering 
authority received the appHcation. 
(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 sub-
section 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) 
ALTERNATIVEIS 
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 deter-
mined 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 deter-
110 STAT. 1321-131 
PUBLIC LAW 104-134—APR. 26, 1996 
mines that the school has committed a violation of applicable laws 
or a material violation of the conditions, terms, standards, or proce-
dures 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 pro-
posed 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 sub-
section 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 pro-
posed 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 stu-
dents at the school. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-132 
(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 individ-
uals from the list to serve on the Board. The Secretary of 
Education shall recommend, and the Mayor shall appoint, mem-
bers 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.—^i\ny time there is a vacancy in the mem-
bership 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 rec-
ommend and the Mayor shall appoint, such member of the 
Board taking into consideration the criteria described in para-
graph (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 Board's membership to 7 within 30 days of receiving 
a recommendation from the Secretary of Education under para-
graph (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.— 
110 STAT. 1321-133 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 account-
ant 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 
Board's 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-134 
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 appro-
priate 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 ASSESS-
MENTS 
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 sub-
section (b). 
(2) DEFINITION.—For the purpose of this subtitle, the term 
"World Class Schools Task Force" means 1 nonprofit organiza-
tion 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 develop-
ment 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 edu-
cation 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. 
110 STAT. 1321-135 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 devel-
oped 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 compari-
sons 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 compari-
sons 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 rec-
ommended 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 rec-
ommended under subsection (b) are approved by the Superintend-
ent, 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 respon-
sibilities relevant to this part, including the Deputy Super-
intendent for Curriculum; 
(3) the District of Columbia community, with particular 
attention given to educators, and parent and business organiza-
tions; 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 proceed-
ings, relating to internal personnel and management matters) that 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-136 
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 force's 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 Super-
intendent shall establish and implement promotion gates for mathe-
matics, 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 estab-
lish 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 estab-
lish 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 
110 STAT. 1321-137 
PUBLIC LAW 104-134—APR. 26, 1996 
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 para-
graph (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 pa3n3ient 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 theresifter, 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 Edu-
cation 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 LAW 104-134—APR. 26, 1996 
110 STAT. 1321-138 
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 edu-
cation 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 para-
graph (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 Coun-
cil, 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 sub-
section (c); and 
(B) shall identify any material weaknesses in the sys-
tems, procedures, or methodology used by the Board of 
Education— 
(i) in determining the number of students, includ-
ing nonresident students, enrolled in the District of 
Columbia public schools and in public charter schools, 
and the number of students whose tuition for enroll-
ment 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, eifter 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 
110 STAT. 1321-139 
PUBLIC LAW 104-134—APR. 26, 1996 
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 pro-
vided in subsection (b), for any fiscal year, not later than 
10 days after the date of enactment of an Act making appropria-
tions 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 enroll-
ment 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 avail-
able 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 avail-
able for making payments under this subtitle for such 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-140 
fiscal year, amounts that were reduced under subpara-
graph (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 appro-
priated $200,000 for each fiscal year to carry out this sub-
section. 
(2) DISBURSEMENI' TO MAYOR.—^The Secretary of the Treas-
ury 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 para-
graph (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 oper-
ation in fiscal year 1996 shall be calculated by multiplying 
$6,300 by Vi2 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 Viz 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. 
110 STAT. 1321-141 
PUBLIC LAW 104-134—APR. 26, 1996 
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 build-
ing that is not located in a building containing classrooms; 
and 
(2) the term "repair and improvement" includes administra-
tion, 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 manage-
ment in accordance with this section. 
(b) TECHNICAL ASSISTANCE AND RELATED SERVICES.—^The tech-
nical 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 improve-
ment with respect to facilities management of such schools; 
(2) the Administrator assisting the Superintendent in 
developing a systemic and comprehensive facilities revitaliza-
tion 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 Superintendent's 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 regula-
tion 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 comple-
tion by members and units of the National Guard and the 
Reserves in accordance with the program developed under para-
graph (2); 
(5) upon the request of the Superintendent, the Adminis-
trator 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-142 
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 consist-
ent 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 Adminis-
trative 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 nec-
essary, 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 Superintend-
ent 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 avail-
able 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 ADMINISTRATOR'S LIABILITY.—No claim, suit, 
or action may be brought against the Administrator in connection 
with the discharge of the Administrator's 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 
29-194 O - 96 - 10 : QL 3 Part 2 
110 STAT. 1321-143 
PUBLIC LAW 104-134—APR. 26, 1996 
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 pro-
gram 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 accord-
ance 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 pro-
gram. 
(b) PROCEEDS.—Such program shall include— 
(1) identifying short-term funding for capital and mainte-
nance 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 cap-
ital and maintenance of facilities. 
(c) IMPLEMENTATION.—Upon implementation of such program, 
the agency or authority created or designated pursuant to sub-
section (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. 256L 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 modifica-
tions 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-144 
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, with-
out 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 stu-
dents 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 PIFBLIC SCHOOLS. 
The Superintendent is authorized to provide a grant to a pri-
vate, 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. ELIGIBIUTY CRITERIA FOR PRIVATE, NONPROFIT COR-
PORATION. 
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 corpora-
tions involved in education and workforce development issues; 
(2) has extensive practical experience with initiatives that 
link business resources and expertise with education and train-
ing systems; 
(3) has experience in working with State and local edu-
cational agencies throughout the United States with respect 
to the integration of academic studies with workforce prepara-
tion programs; and 
110 STAT. 1321-145 
PUBLIC LAW 104-134—APR. 26, 1996 
(4) has a nationwide structure through which additional 
resources can be leveraged and innovative practices dissemi-
nated. 
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 sub-
title 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 Dis-
trict of Columbia public schools and public charter schools. 
(2) ELECTRONIC DATA TRANSFER SYSTEM.—The private, non-
profit 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 enact-
ment 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, par-
ents, teachers, and other school officials through the 
use of focus groups and other appropriate mechanisms. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-146 
(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 edu-
cational 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 Dis-
trict of Columbia public schools and public charter 
schools. 
(4) SHORT-TERM TECHNOLOGY PLAN.— 
(A) IN GENERAL.—^Based upon the results of the tech-
nology assessment under paragraph (3), the private, non-
profit 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 corpora-
tion, 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 edu-
cational 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 Employ-
ment 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 TR^UNING AND EMPLOYMENT ASSISTANCE PRO-
GRAM.—^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 pro-
gram established under subparagraph (A), the center— 
(i) shall provide job training and employment 
assistance to youths who have attained the age of 
110 STAT. 1321-147 
PUBLIC LAW 104-134—APR. 26, 1996 
18 but have not attained the age of 26, who are resi-
dents 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 Dis-
trict of Columbia Government to serve individuals 
participating in appropriate Federal programs, includ-
ing 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, commu-
nity colleges, businesses, and other appropriate provid-
ers, 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 facili-
tate access by students to work-based learning and 
work experience through temporary work assignments 
with employers in the District of Columbia metropoli-
tan area. 
(C) COMPENSATION.—The center may provide com-
pensation 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 initia-
tives 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.). 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-148 
SEC. 2605. MATCHING FUNDS. 
The private, nonprofit corporation, to the extent practicable, 
shall provide matching funds, or in-kind contributions, or a com-
bination 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 corpora-
tion for the 3-month period beginning on the date of the submis-
sion 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. 
Establishment. 
(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 estab-
lished under subsection (a), the nonprofit corporation, consistent 
with the policies of the nationally recognized Jobs for America's 
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.— 
110 STAT. 1321-149 
PUBLIC LAW 104-134—APR. 26, 1996 
Contracts. 
(1) DELTA COUNCIL; ACCESS TO STATE-OF-THE-ART EDU-
CATIONAL TECHNOLOGY; AND WORKFORCE PREPARATION INITIA-
TIVES.—^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 author-
ized 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 CON-
GRESS RELATING TO CONTINUATION OF ACTIVITIES. 
(a) TERMINATION OF FEDERAL SUPPORT.—The authority under 
this subtitle to provide assistance to the private, nonprofit corpora-
tion 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 coordina-
tion for such activities after such date. 
Subtitle G—^Management and Fiscal Accountabil-
ity; 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 succeed-
ing 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 Superintendent's 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 sys-
tems, 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 manage-
ment, and other systems recommended by the Authority. Such 
plans shall be consistent with, and contemporaneous to, the District 
of Columbia Government's 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-150 
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 inter-
face 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 Author-
ity, and appropriate congressional committees. 
SEC. 2753. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST. 
(a) IN GENERAL.—^I'he 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 allo-
cated 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 Education's 
initial fiscal year 1997 gross operating budget and appropriated 
funds budget request submitted to the Mayor, the District of Colum-
bia Council, and the Authority shall contain school-by-school budg-
ets 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 appro-
priated 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 
110 STAT. 1321-151 
PUBLIC LAW 104-134—APR. 26, 1996 
(B) striking subparagraph (B); and 
(2) by adding at the end thereof the following new sub-
section: 
"(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 UTERACY 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 EMPLOY-
EES.—^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). 
President. 
(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 Major-
ity 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-152 
<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 Chair-
man 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 Commis-
sion appointed under subparagraphs (A), (B), and (C) of para-
graph (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 mem-
bers, 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 Commis-
sion 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 Commis-
sion 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. 
110 STAT. 1321-153 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 stu-
dents 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 individ-
ual 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 noncol-
lege-bound students the skills necessary for employment, and 
that personal attention is vitally important to assist each stu-
dent 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 pub-
lic 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 
teacher's 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-154 
(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 follow-
ing 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 pre-
kindergarten, vocational and technical training, and adult 
education. 
(7) To review and comment on all other educational pro-
grams 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 devel-
opment programs for teachers using the core curriculum devel-
oped under subtitle C. 
(d) LIMITATIONS.— 
(1) IN GENERAL.—Except as otherwise provided in this sub-
title, 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 regula-
tions 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)(l)(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 
110 STAT. 1321-155 
PUBLIC LAW 104-134—APR. 26, 1996 
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 plan's overall educational achievement. The Consen-
sus 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 school's annual report. 
SEC. 2856. INVESTIGATIVE POWERS. 
The Consensus Commission may investigate any action or activ-
ity 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 Colum-
bia 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 Trust-
ees 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 enact-
ment 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 resi-
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-156 
dents 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, pro-
vided 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 
Department of 
the Interior and 
Related Agencies 
Appropriations 
Act, 1996. 
MANAGEMENT OF LANDS AND RESOURCES 
For expenses necessary for protection, use, improvement, devel-
opment, 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 jurisdic-
tion of the Bureau of Land Management, including the general 
administration of the Bureau, and assessment of mineral potential 
of pubUc lands pursuant to PubUc 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 Ismds 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. 4601-6a(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 pro-
gram 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 estab-
lished 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 
110 STAT. 1321-157 
PUBLIC LAW 104-134—APR. 26, 1996 
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 appropria-
tion: Provided further, That such funds are also available for repay-
ment of advances to other appropriation accounts from which funds 
were previously transferred for such purposes: Provided 
further. 
That unobligated balEinces 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 Com-
prehensive 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 con-
ducted 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 pa5mients and may include stocks, bonds 
or other personal or real property, which may be retained, liq-
uidated, 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 availalale 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 devel-
opment of resources and for construction, operation, and mainte-
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-158 
nance of access roads, reforestation, and other improvements on 
the revested Oregon and Cahfornia 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 adja-
cent 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 provi-
sions 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 process-
ing 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, oper-
ation, 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 notwithstand- 
43 USC 1735 
ing any provision to the contrary of section 305(a) of the Act note. 
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. 
110 ST.LT. 1321-159 
PUBLIC LAW 104-134—APR. 26, 1996 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended under exist-
ing 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 administra-
tive 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 pa3anents, at the discretion of the Secretary, 
for information or evidence concerning violations of laws adminis-
tered by the Bureau of Land Management; miscellaneous and emer-
gency expenses of enforcement activities authorized or approved 
by the Secretary sind 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 partner-
ship 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 M A N A G E M E N T 
For expenses necessary for scientific and economic studies, 
conservation, management, investigations, protection, and utiliza-
tion 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-homed 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-160 
the Interior or by the Secretary of Commerce to implement sub-
sections (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 President, 
to suspend the provisions of the preceeding proviso if he determines Reports, 
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 Presi-
dent 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 43 USC 1474b-l. 
fiscal year 1996 and thereafter are not limited to monetary pay-
ments 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. 
4601-4-11), 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 Endan-
gered 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 
110 STAT. 1321-161 
PUBLIC LAW 104-134—APR. 26, 1996 
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 Afri-
can 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 con-
servation 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 Wild-
life Service and to which the United States has title, and which 
are utilized pursuant to law in connection with management and 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-162 
investigation of fish and wildlife resources: Provided, That notwith-
standing 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-pro-
duced 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 Wild-
life 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 administra-
tion 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 
110 STAT. 1321-163 
PUBLIC LAW 104-134—APR. 26, 1996 
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, natu-
ral 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 Preserva-
tion 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 phys-
ical 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 modifica-
tions 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) 
16 use 460/-l0a 
The contract authority provided for fiscal year 1996 by 16 
note. 
U.S.C. 4601-10a 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. 
4601-4-11), 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-164 
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 submit-
ted 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 cir-
cumstances 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 agree-
ments that involve the transfer of National Park Service appro-
priated funds to State, local and tribal governments, other public 
entities, educational institutions, and private nonprofit organiza-
tions for the public purpose of carrying out National Park Service 
programs. 
The National Park Service shall, within existing funds, conduct Alaska. 
a Feasibility Study for a northern access route into Denali National 
16 USC 347 note. 
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 emd 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 indus-
try 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 iden-
tify all associated costs. 
This Feasibility Study shall be conducted solely by the National 
16 USC 347 note. 
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 topog-
raphy, 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 
110 STAT. 1321-165 
PUBLIC LAW 104-134—APR. 26, 1996 
43 use 50. 
Guidelines. 
Reports. 
43 use 31i. 
Government 
organization. 
43 use 1782 
note. 
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(l)) 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 coopera-
tion 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 Septem-
ber 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 owner's 
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 volun-
teers 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: Pro-
vided further. That once every five years the National Academy 
of Sciences shall review and report on the resource research activi-
ties 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-166 
ADMINISTRATIVE PROVISIONS 
The amount appropriated for the United States Geological Sur-
vey 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 geo-
physical or other specialized surveys when it is administratively 
determined that such procedures are in the public interest; construc-
tion and maintenance of necessary buildings and appurtenant facili-
ties; 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 author-
ized 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 
in31U.S.C. 6302, etseq. 
MINERALS MANAGEMENT SERVICE 
ROYALTY A N D 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 operat-
ing 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 Informa-
tion Management System and Related Activities of the Outer Con-
tinental Shelf (OCS) Lands Activity, to be credited to this appropria-
tion 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 there- 43 USC 1337 
after, fees for royalty rate relief applications shall be established i^ote-
(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 provi-
sion 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 
110 STAT. 1321-167 
PUBLIC LAW 104-134—APR. 26, 1996 
or Tribes, or to correct prior unrecoverable erroneous payments: 
30 use 191b. 
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. 
Government 
organization. 
30 use 1 note. 
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 func-
tions, and to make such dispositions of personnel, facilities, assets. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-168 
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 provi-
sions of this Act shall, as to the functions transferred to the Sec-
retary 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 fur- 
Effective date. 
ther, 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, privi-
lege, and activity, or the plural thereof, as the case may be. 
ADMINISTRATIVE PROVISIONS 
The Secretary is authorized to accept lands, buildings, equip- 43 U
S
C 1473a 
ment, other contributions, and fees from public and private sources, "ote. 
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 manufac-
tured in pilot plants operated by the Bureau of Mines, and the 
proceeds of such sales shall be covered into the Treasury as mis-
cellaneous 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 prop-
erty 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 univer-
sity 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 Sur-
face 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 fur-
ther. That notwithstanding any other provision of law, appropria- 
30 U
S
C 1211 
note. 
110 STAT. 1321-169 
PUBLIC LAW 104-134—APR. 26, 1996 
tions 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 
rV 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: Pro-
vided, 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 amend-
ed, of which no more than 25 per centum shall be used for emer-
gency 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 pro-
gram 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 res-
toration 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, con-
tracts, 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 pa3nnent 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 jurisdic-
tion 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-170 
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 agree-
ments with the Bureau of Indian Affairs under the provisions 
of the Indian Self-Detennination 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 assist-
ance 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 Com-
pact until expended: Provided further, That notwithstanding any 
other provision of law, Indian tribal governments may, by appro-
priate 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 pay-
ments 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 exclu-
sively 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 tribe's 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 provi-
sion of law, no funds available to the Bureau of Indian Affairs, 
110 STAT. 1321-171 
PUBLIC LAW 104-134—APR. 26, 1996 
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 A^airs 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 struc-
ture in place at each school in the Bureau of Indian Affairs school 
25 use 2012 
system as of October 1, 1995: Provided further. That notwithstand-
note. 
ing 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 avail-
able 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, reloca-
tion, and related expenses, until September 30, 1996. 
CONSTRUCTION 
For construction, major repair, and improvement of irrigation 
and power systems, buildings, utilities, and other facilities, includ-
ing 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 devel-
opment 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 improve-
ment 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 sub-
ject 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-172 
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 pa3niients 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 settle-
ments pursuant to PubUc 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 Hquidate 
obligations owed tribal and individual Indian payees of any checks 
canceled pursuant to section 1003 of the Competitive Equality Bank-
ing 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 Financ-
ing 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 avail-
able for expenses of exhibits, and purchase of not to exceed 275 
110 STAT. 1321-173 
PUBLIC LAW 104-134—APR. 26, 1996 
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 compensa-
tion and expenses, as authorized by law (48 U.S.C. 1661(c)); grants 
to the Grovernment of American Samoa, in addition to current 
local revenues, for construction and support of governmental func-
tions; 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 
48 use 1469b. 
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 accord-
ing 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 mainte-
nance improvement are appropriated to institutionalize routine 
operations and maintenance of capital infrastructure in American 
Samoa, Guam, the Virgin Islands, the Commonwealth of the North-
ern 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 partici-
pation and cost sharing to be determined by the Secretary based 
on the individual territory's commitment to timely maintenance 
of its capital assets): Provided further. That any appropriation for 
disaster assistance under this head in this Act or previous appro-
priations Acts may be used as non-Federal matching funds for 
the purpose of hazard mitigation grants provided pursuant to sec-
tion 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 Fed-
erated States of Micronesia and the Republic of the Marshall Islands 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-174 
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 RepubHc of Palau as provided for in 
sections 122, 221, 223, 232, and 233 of the Compact of Free Associa-
tion, $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 agree-
ment 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 
SAl-ARIES AND EXPENSES 
For necessaiy 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 Manage-
ment, $500,000. 
NATIONAL INDIAN GAMING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the National Indian Gaming Commis-
sion, pursuant to Public Law 100-497, $1,000,000: Provided, That Reports. 
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 Regu-
latory Act (25 U.S.C. 2701, et seq.): Provided further, That the 
information contained in the report shall be updated on a continuing 
basis. 
11 :QL3Part2 
110 STAT. 1321-175 
PUBLIC LAW 104-134—APR. 26, 1996 
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS 
FEDERAL TRUST PROGRAMS 
For operation of trust programs for Indians by direct expendi-
ture, 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 provi-
sion 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 fur-
nished 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: Pro-
vided 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 facili-
ties 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 avail-
able 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-176 
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 assess-
ment 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 Reclama-
tion 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 obliga-
tions incurred during the preceding fiscal year, and for reimburse-
ment 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 cur-
rently available at the time of receipt thereof: Provided 
further, 
That for emergency rehabilitation and wildfire suppression activi-
ties, 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 appropria-
tion 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 $50)0,000; 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 author-
ized 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 
110 STAT. 1321-177 
PUBLIC LAW 104-134—APR. 26, 1996 
Termination 
date. 
33 use 2753. 
Native 
Americans. 
Washington. 
or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 
and D.C. Code ^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 Commit-
tees 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 V12 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 President's 
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 Pro-
gram, 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 exist-
ing rights to and/or customary uses of, nontribal member own-
48 use 1804. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-178 
ers of fee simple land within the exterior boundary of the 
tribe's 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 desir-
able 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, 
16 USC 251 note, 
the Department of the Interior shall issue a specific schedule for 
the completion of the Lake Cushmsin 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 appro-
priated 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) Northern 
as added by section 10 of Public Law 99-396 is amended by deleting ^^gJJ^^i^^^"**^-
"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 Cov-
enant 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 avail-
able 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 PubUc 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 Mar-
shall 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 alio-
110 STAT. 1321-179 
PUBLIC LAW 104-134—APR. 26, 1996 
cated, as provided in appropriations Acts, to the Secretary 
of the Interior for use by Federal agencies or the Common-
wealth of the Northern Mariana Islands to address immigra-
tion, 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 con-
sultation 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 pro-
vided.". 
SEC. 119. (a) Until the National Park Service has prepared 
a final conceptual management plan for the Mojave National Pre-
serve 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-180 
Preserve in fiscal year 1996, the Secretary must obtain the approval 
of the House and Senate Committees on Appropriations. This provi-
sion 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 environ-
mental 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 
Termination 
date. 
President. 
Reports. 
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 tech-
nical 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 pur-
poses 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 utiliza-
tion of the National Forest System, for ecosystem planning, inven-
tory, 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 obliga-
tion 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. 4601-
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 
110 STAT. 1321-181 
PUBLIC LAW 104-134—APR. 26, 1996 
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 bal-
ances 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 farther. 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 Discov-
ery 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 Citi-
zens 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 fur-
ther, That notwithstanding any other provision of law, funds origi-
nally 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 Univer-
sity 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. 
4601-4-11), including administrative expenses, and for acquisition 
of land or waters, or interest therein, in accordance with statutory 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-182 
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 LiUSTDS 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 estab-
lished pursuant to the above Act. 
SOUTHEAST A]:j^KA 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 limita-
tion. 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 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; 
110 STAT. 1321-183 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 allo-
cated 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 enforce-
ment purposes and of which 151 shall be for replacement; acquisi-
tion 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 sen-
tence 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 (0 
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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-184 
Island, Vallejo, California, without the consent of the House and 
Senate Committees on Appropriations and the Committee on Agri-
culture, 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 appropria-
tion 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 Develop-
ment 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, edu-
cation and training, and cooperation with United States and inter-
national 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 organiza-
tions 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 reimburse-
ment of administrative and other costs incurred in processing pipe-
line right-of-way or permit applications and for costs incurred in 
monitoring the construction, operation, maintenance, and termi-
nation 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 
110 STAT. 1321-185 
PUBLIC LAW 104-134—APR. 26, 1996 
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 main-
tain a visually pleasing forest. 
Any money collected from the States for fire suppression assist-
ance 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 represen-
tation expenses. 
Notwithstanding any other provision of law, the Forest Service 
is authorized to employ or otherwise contract with persons at regu-
lar rates of pay, as determined by the Service, to perform work 
occasioned by emergencies such as fires, storms, floods, earthqusikes 
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 manage-
ment 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 allo-
cated 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 sched-
uled 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 inter-
preted to mandate clear-cutting or require the sale of timber and 
nothing in this paragraph, including the ASQ identified in Alter-
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-186 
native P, shall be constinied to limit the Secretary's 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 accept-
ance 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 determina-
tion 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 environ-
mental 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 
110 STAT. 1321-187 
PUBLIC LAW 104-134—APR. 26, 1996 
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 
10 use 7430 
expended: 
Provided, 
That 
the 
requirements 
of 
10 
U.S.C. 
note. 
7430(b)(2)(B) shall not apply to fiscal year 1996: Provided 
further, 
10 use 7431 
That section 501 of Public Law 101-45 is hereby repealed. 
note. 
ENERGY CONSERVATION 
For necessary expenses in carrying out energy conservation 
activities, $553,189,000, to remain available until expended, includ-
ing, 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 deter-
mined under the provisions of section 3003(d) of Public Law 99-
509 (15 U.S.C. 4502): Provided further. That notwithstanding sec-
tion 3003(d)(2) of Public Law 99-509 such sums shall be allocated 
to the eligible programs as follows: $114,196,000 for the weatheriza-
tion assistance program and $26,500,000 for the State energy con-
servation 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 Decommis-
sioning 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 Petro-
leum 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-188 
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 avail-
able until expended: Provided, That notwithstanding section 4(d) 42 USC 7135 
of the Service Contract Act of 1965 (41 U.S.C. 353(d)) or any note. 
other provision of law, funds appropriated under this heading here-
after 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 secu-
rity 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, equip-
ment, 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 con-
tracts or agreements: Provided further. That the remainder of reve-
nues after the making of such payments shall be covered into 
the Treasury as miscellaneous receipts: Provided further. That any Reports, 
contract, agreement, or provision thereof entered into by the Sec-
retary 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, includ-
ing the facts and circumstances relied upon in support of the 
proposed project. 
110 STAT. 1321-189 
PUBLIC LAW 104-134—APR. 26, 1996 
No funds provided in this Act may be expended by the Depart-
ment 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 pa3nnents 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 agree-
ments, 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 Emer-
gency Fund: Provided further. That $350,564,000 for contract medi-
cal 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-190 
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, and equip-
ment 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 commu-
nity 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 facili-
ties 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 equip-
ment; 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 author-
ized 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 Improve-
ment 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 fur-
ther. That notwithstanding any other law or regulation, funds trans-
ferred 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, snail not be subject 
to limitations directed at curtailing Federal travel and transpor-
tation: Provided further, That the Indian Health Service shall nei- 25 USC 1681. 
ther bill nor charge those Indians who may have the economic 
means to pay unless eind 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, notwith-
standing any other provision of law, funds previously or herein 
110 STAT. 1321-191 
PUBLIC LAW 104-134—APR. 26, 1996 
made available to a tribe or tribal organization through a contract, 
grant or agreement authorized by title I of the Indian Self-Deter-
mination and Education Assistance Act of 1975 (88 Stat. 2203; 
25 U.S.C. 450), may be deobligated and reobligated to a self-govern-
ance funding agreement under title III of the Indian Self-Determina-
tion 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 submit-
ted 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 Second-
ary 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 PubHc 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-192 
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 A N D 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 perform-
ances; 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 build-
ings, 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 pajmtients 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 acquisi-
tion. Museum Support Center equipment and move, exhibition re-
installation, 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 
110 STAT. 1321-193 
PUBLIC LAW 104-134—APR. 26, 1996 
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 quali-
fications as well as price. 
CONSTRUCTION 
For necessary expenses for construction, $27,700,000, to remain 
available until expended. 
NATIONAL GALLERY OF ART 
SALARIES A N D EXPENSES 
For the upkeep and operations of the National Gallery of Art, 
the protection and care of the works of art therein, and administra-
tive 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), includ-
ing 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 publica-
tions 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 there-
for, 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 Gal-
lery 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-194 
the John F. Kennedy Center for the Performing Arts," after the 
word "Art,". 
CONSTRUCTION 
For necessary expenses of capital repair and rehabiHtation 
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 
NATIONAI. 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 amend-
ed, $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)(l): 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. 
110 STAT. 1321-195 
PUBLIC LAW 104-134—APR. 26, 1996 
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 amend-
ed, $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 Commis-
sion 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-196 
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Franklin Delano Roosevelt Memo-
rial 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 Museum's repair and rehabilitation program 
and $1,264,000 for the Museum's exhibition program shall remain 
available until expended. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. The expenditure of any appropriation under this Contracts. 
Act for any consulting service through procurement contract, pursu-
ant 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 exist-
ing law, or under existing Executive order issued pursuant to exist-
ing 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 Shaw-
nee 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 depart-
ment 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. 
110 STAT. 1321-197 
PUBLIC LAW 104-134—APR. 26, 1996 
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 PROD-
UCTS.—In the case of any equipment or product that may 
be authorized to be purchased with financial assistance pro-
vided 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 LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined 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 debar-
ment, 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 pay-
ments 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 avail-
able by this Act may be used for the AmeriCorps program, unless 
the relevant agencies of the Department of the Interior and/or 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-198 
Agriculture follow appropriate reprogramming guidelines: Provided, 
That if no funds are provided for the AtneriCorps program by 
the VA-HUD and Independent Agencies fiscal year 1996 appropria-
tions 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 Corpora-
tion Act (40 U.S.C. 871-885) and the Federal Triangle Develop-
ment 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 Develop-
ment Corporation transferred to the General Services Administra-
tion 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 Lansburgh's 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 Develop-
ment 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 
Corporation's 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 responsibil-
ities for managing assets and liabilities of the Corporation 
under such Act. 
Pennsylvania 
Avenue 
Development 
Corporation. 
Effective date. 
40 u s e 872 note. 
40 u s e 872 note. 
110 STAT. 1321-199 
PUBLIC LAW 104-134—APR. 26, 1996 
40 use 872 note. 
(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 pur-
chase, lease or exchange, and to sell, lease, or otherwise dispose 
of real or personal property as necessary to complete the devel-
opment 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 App'-opriations 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 Develop-
ment 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 Pennsylva-
nia Avenue Development Corporation under the Federal Tri-
angle 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 Pennsylva-
nia Avenue Development Corporation or income earned on 
Pennsylvania Avenue Development Corporation property to 
complete any pending development projects. 
Effective date. 
(dXl)(A) On or before April 1, 1996, the Pennsylvania Avenue 
40 use 872 note. 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 Pennsylva-
nia Avenue National Historic Site includes the parks, plazas, side-
walks, 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 manage-
ment, administration, maintenance, law enforcement, visitor serv-
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-200 
resource protection, interpretation, and historic preservation 
at the Pennsylvania Avenue National Historic Site. 
' 
(4) The National Park Service may enter into contracts, coopera-
tive 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 cor-
poration as may be deemed necessary or appropriate for the conduct 
of special events, festivals, concerts, or other art and cultural pro-
grams 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 responsibil- 
40 USC 872 note, 
ity for ensuring that development or redevelopment in the Penn-
sylvania Avenue area is carried out in accordance with the Penn-
sylvania Avenue Development Corporation Plan—1974, as amend-
ed, is transferred to the National Capital Planning Commission 
or its successor commencing April 1, 1996. 
(f) SAVINGS PROVISIONS.— 
40 use 872 note. 
(1) REGULATIONS.—^Any regulations prescribed by the Cor-
poration in connection with the Pennsylvania Avenue Develop-
ment 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 Cor-
poration 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 Cor-
poration 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 require-
ments that regulate the use of, or actions occurring on, non-federal 
lands as a result of the draft or final environmental impact state-
ments or records of decision for the Interior Columbia Basin Eco-
system Management Project. Columbia Basin Ecosystem Manage-
ment 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) 
i6USC460/-6a 
The Secretary of the Interior (acting through the Bureau of Land no^. 
Management, the National Park Service and the United States 
Termination. 
Effective date. 
110 STAT. 1321-201 
PUBLIC LAW 104-134—APR. 26, 1996 
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%, 20 percent to a special account in the Treasury for 
use without further appropriation, by the agency which admin-
isters 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)(l) 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 Emer-
gency Wetlands Resources Act. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-202 
(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)(l)(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)(l)(A) of said Act and 
shall remain available for expenditure without further appropria-
tion. 
(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. 4601), 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 Agri-
culture 
shall 
carry 
out 
this 
section 
without 
promulgating 
regulations. 
(f) The authority to collect fees under this section shall com- Effective date. 
mence on October 1, 1995, and end on September 30, 1998. Funds Termination 
in accounts established shall remain available through September 
*
®
-
30, 2001. 
SEC. 316. Section 2001(a)(2) of Public Law 104-19 is amended 
16USC 1611 
as follows: Strike "September 30, 1997" and insert in lieu thereof note. 
"December 31, 1996". 
SEC. 317. None of the funds made available in this Act may 
be used for any progiam, 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 assess-
ment, 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. 
110 STAT. 1321-203 
PUBLIC LAW 104-134—APR. 26, 1996 
Termination 
date. 
Reports. 
SEC. 319. GREAT BASIN NATIONAL PARK.—Section 3 of the Great 
Basin National Park Act of 1986 (16 U.S.C. 410mm-l) 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 dona-
tion 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 subpara-
graph (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 consist-
ent 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 Sec-
retary 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 Representa-
tives 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 
PUBLIC L.\W 104-134—APR. 26, 1996 
110 STAT. 1321-204 
as to whether or not an applicant is entitled to a patent under 
the general mining laws on at least 90 percent of such applica-
tions 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 Managment to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion 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 Environ-
mental 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 identi-
fied in Alternative P, shall be construed to limit the Secretary's 
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 Evalua-
tion 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 ofiering 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 consid-
ered 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 determina-
110 STAT. 1321-205 
PUBLIC LAW 104-134—APR. 26, 1996 
tion 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 environ-
mental 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 other-
wise 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, respec-
tively. 
(b) APPRAISAL.—The properties so exchanged either shall be 
approximately equal in fair market value or if they are not approxi-
mately 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 Corporation's 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 Corpora-
tion. 
(d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1) The Secretary 
shall not acquire any lands under this Act if the Secretary deter-
mines that such lands, or any portion thereof, have become contami-
nated 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-206 
covered by this Act after their transfer to the ownership of any 
party, but nothing in this Act shall be construed as either diminish-
ing 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. 6901etseq.). 
(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) 
i6 use leu 
The Secretary of Agriculture and the Secretary of the Interior note, 
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 200 l(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 (hereinsifter "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 200 l(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 adminis-
tered by the Bureau of Land Management, respectively: Provided, 
That revenues or portions thereof from sales released under such 
section 200l(k), minus the amounts necessary for State and local 
government payments and other necessary deposits, may be depos-
ited into the Funds immediately upon receipt thereof and subse-
quently 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 tim-
ber 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 back-
log of recreation projects on lands within the National Forest 
System and lands administered by the Bureau of Land Manage-
ment, respectively. 
(2) Expenditures under this subsection for preparation of timber 
sales may include expenditures for Forest Service activities within 
29-194 O - 96 - 12 : QL 3 Part 2 
110 STAT. 1321-207 
PUBLIC LAW 104-134—APR. 26, 1996 
Federal Register, 
publication. 
Reports. 
Termination 
date. 
Grants. 
Procedures. 
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 memage-
ment 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 nec-
essary 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 addi-
tional 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 Isinds for the Bureau of Land Manage-
ment, 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 recre-
ation project work undertaken during the previous year and pro-
jected 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 termi-
nation 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 individ-
ual 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 sub-
section 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 ADMINISTRATION'S 
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, 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-208 
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 parai^aph (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 "; smd"; 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 Courts, 
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 ENDOWME^fT 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 
110 STAT. 1321-209 
PUBLIC LAW 104-134—APR. 26, 1996 
Guidelines. 
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, dissemi-
nate, 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 pro-
mote, 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 Sec-
retary 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 func-
tions 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-210 
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 accom-
plished 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 Alter-
native 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 State-
hood Act of 1959. 
SEC. 337. Directs the Department of the Interior to transfer 
to the Daughters of the American Colonists a plaque in the posses-
sion 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 pa3anent of, voluntary separation incen-
tive 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— 
Extension date. 
Effective date. 
16 u s e 620c 
note. 
Washington. 
Aviation. 
Daiightersofthe 
American 
Colonists. 
5 u s e 5597 note. 
110 STAT. 1321-211 
PUBLIC LAW 104-134—APR. 26, 1996 
(1) shall be paid in a lump sum after the employee's separa-
tion 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 
Eifter the date of the separation on which the payment is based 
shall be required to repay the entire amount of the incentive pay-
ment 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 incen-
tive 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 effec-
tive as if it had been enacted into law as the regular appropriations 
Act: 
Departments of 
Labor, Health 
and Human 
Services, and 
Education, and 
Related Agencies 
Appropriations 
Act, 1996. 
Department of 
Labor 
Appropriations 
Act, 1996. 
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 construc-
tion, 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, 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-212 
$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 limita-
tion 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 sub 
state grantee demonstrates to the Governor that 
such waiver is appropriate due to the availability of low-cost retrain-
ing services, is necessary to facilitate the provision of needs-related 
payments to accompany long-term training, or is necessary to facili-
tate the provision of appropriate basic readjustment services and 
that funds used from this Act to carry out the Secretary's discre-
tionary grants under part B of such title III may be used to 
provide needs-related payments to participants who, in lieu of meet-
ing the requirements relating to enrollment in training under sec-
tion 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 Partner-
ship 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 provi-
sion 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. 
N 
110 STAT. 1321-213 
PUBLIC LAW 104-134—APR. 26, 1996 
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 subse-
quently 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, chap-
ter 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 subse-
quent 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. 49-491-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social 
Security Act, as amended (42 U.S.C. 502-504); necessary adminis-
trative 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)(l), 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 Immigra-
tion 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 Fed-
eral-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 avail-
able 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 obliga-
tion 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 allot-
ments for such purpose, and of which $216,333,000 shall be avail-
able only to the extent necessary for additional State allocations 
to 
administer 
unemplo3anent 
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 Unemplo3anent (AWIU) 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-214 
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 (includ-
ing a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemploy-
ment 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 Emplo3anent Service and 
Unemplojonent 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 Unemploy-
ment 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 pro-
f
rams 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 Trxist Fund. 
110 STAT. 1321-215 
PUBLIC LAW 104-134—APR. 26, 1996 
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 assistsince 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 Corpora-
tion 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 Fimd 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-216 
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 Appro-
priation 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 pajrment 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 trans-
ferred to this account from the fair share entities to pay the cost 
of administration, $19,383,000 shall be made available to the Sec-
retary 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 sub-
chapter 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 Depart-
mental 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 pay-
ment of compensation, interest, or other benefits for any period 
110 STAT. 1321-217 
PUBLIC LAW 104-134—APR. 26, 1996 
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 author-
ized 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 
29 use 670 note, safety and health training and education grants: Provided, That 
none of the funds appropriated under this paragraph shall be obli-
gated 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: Pro-
vided further. That no funds appropriated under this paragraph 
shall be obligated or expended to administer or enforce any stand-
ard, 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 Indus-
trial 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 viola-
tions 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-218 
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 
SAL-ARIES 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 30 USC 962. 
is authorized to accept lands, buildings, equipment, and other con-
tributions 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 
SAlJmiES 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 
SAIOARIES AND EXPENSES 
For necessary expenses for Departmental Management, includ-
ing the hire of three sedans, and including up to $4,358,000 for 
the President's Committee on Employment of People With Disabil-
ities, $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 
33 USC 921 note. 
110 STAT. 1321-219 
PUBLIC LAW 104-134—APR. 26, 1996 
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 
Effective date. 
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 consid-
ered affirmed by the Benefits Review Board on that date, and 
shall be considered the final order of the Board for purposes of 
Effective date. 
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 USC 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 
29 USC 563. 
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 Depart-
ment designed to produce measurable improvements in agency effi-
ciency 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 Department's 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 
Effective date. 
33 USC 921 note. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-220 
year in which the project is completed. Such repayments shall 
be deposited in the IRF, to be available without further appropria-
tion action." 
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING 
Not to exceed $170,390,000 may be derived from the Employ-
ment 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 
S E C 101. None of the funds appropriated in this title for 
the Job Corps shall be used to pay the compensation of an individ-
ual, 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 Ergonomics. 
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 Commit-
tees 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 Appropria-
tions Act, 1996". 
110 STAT. 1321-221 
PUBLIC LAW 104-134—APR. 26, 1996 
Department of 
Health and 
Human Services 
Appropriations 
Act, 1996. 
TITLE II—DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
Family planning. 
Abortion. 
AIDS. 
HEALTH R E S O U R C E S 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 profes-
sional management/administrative, and occupational health profes-
sionals: 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 Hansen's 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 suffi-
cient 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 plan-
ning 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 notwithstand-
ing 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 avail-
able 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 metropoli-
tan 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-222 
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 Heeilth 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 pa5rment 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 nec-
essary 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 pro-
gram, $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 C O N T R O L , 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: Pro-
vided, That the Director may redirect the total amount made avail-
able under authority of Public Law 101-502, section 3, dated 
November 3, 1990, to activities the Director may so designate: 
110 STAT. 1321-223 
PUBLIC LAW 104-134—APR. 26, 1996 
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 1
1
1 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 Serv-
ice Commissioned Officers as authorized by law, and for payments 
under the Retired Serviceman's Family Protection Plan and Survi-
vor 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 C A R E 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 T O S T A T E S 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, afl;er 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-224 
PAYMENTS TO HEALTH CARE TRUST FUNDS 
For pa3anent 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 Amend-
ments of 1988, and section 4005(e) of Public Law 100-203, not 
to exceed $1,734,810,000, together with all funds collected in accord-
ance 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 Insur-
ance 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 Sec-
retary 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 pa3rments 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, 
110 STAT. 1321-225 
PUBLIC LAW 104-134—APR. 26, 1996 
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 
President. 
(INCLUDING RESCISSION) 
Of the funds made available beginning on October 1, 1995 
under this heading in Pubhc 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 obliga-
tion 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 Emer-
gency 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 designa-
tion of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985. 
Funds made available in the fourth paragraph under this head-
ing 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 activi-
ties 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-226 
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 Preven-
tion and Treatment Act, the Family Violence Prevention and Serv-
ices 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(l) 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 canyover into the next fiscal year for expendi-
ture 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 sedeins, 
110 STAT. 1321-227 
PUBLIC LAW 104-134—APR. 26, 1996 
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 trans-
ferred 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 (Jeneral participated, and which are transferred to 
the Oiiice of the Inspector Greneral by the Department of Justice, 
the Department of the Treasury, or the United States Postal Serv-
ice. 
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 trans-
ferred and expended as authorized by section 201(gXl) 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 improv-
ing the early detection of breast cancer, $2,000,000, to remain 
available until expended. 
GENERAL PROVISIONS 
\ 
\ 
S E C 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. 
CMdren, youth 
SEC. 202. The Secretary shall make available through assign-
and families. 
ment 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 Children's Emer-
gency 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 Revitaliza-
tion Act of 1993, Public Law 103-43. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-228 
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, which-
ever 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 Secretary's 
preparation and submission of a report to the Committee on Appro-
priations 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 avail-
able 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 CJeneral 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 lihiblic 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 "Dis-
ease 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 carr3ring out sections 40151, 40261, 
and 40293 of Public Law 103-322 notwithstanding any provision 
ofPublic Law 104-91. 
(TRANSFER OF FUNDS) 
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. 
Termination 
date. 
Reports. 
110 STAT. 1321-229 
PUBLIC LAW 104-134—APR. 26, 1996 
Department of 
Education 
Appropriations 
Act, 1996. 
20 u s e 5891 
note. 
(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^ 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 pa3anent reductions 
effected; 
(2) not initiate any deferral or disallowEince 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 
2 Illegible text, probably "the Pubbc Health Service" 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-230 
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 Edu-
cation 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 avail-
able 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 pa5anents under section 
8003(b), $40,000,000 shall be for payments for children with disabil-
ities 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 pa3nnents 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 innova-
tive 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 
110 STAT. 1321-231 
PUBLIC LAW 104-134—APR. 26, 1996 
educational agencies may use all, or any part of, their part C 
allocation for competitive grants to local educational agencies: Pro-
vided further, That the Department of Education should only sup-
port 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. 
Territories. 
Grants. 
Grants. 
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 Common-
wealth of the Northern Mariana Islands, the Republic of the Mar-
shall 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 pro-
vided for Special Demonstrations shall be used to continue the 
two head injury centers that were first funded under this program 
in fiscal year 1992. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-232 
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES 
AMERICAN P R I N T I N G 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 avail-
able, 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 Edu-
cation Act, $5,000,000 shall be for national programs under title 
rV without regard to section 451 and $350,000 shall be for evalua-
tions 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 FV 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 20 USC 1070a 
during award year 1996-1997 shall be $2,470: Provided, That not- note, 
withstanding 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 appro-
priation 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, 
110 STAT. 1321-233 
PUBLIC LAW 104-134—APR. 26, 1996 
as determined in accordance with a schedule of reductions estab-
lished 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)(l)(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 
Contracts. 
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 repay-
ments and other resources available to this account. Any unobli-
gated balances becoming available from fixed fees paid into this 
account pursuant to 12 U.S.C. 1749d, relating to payment of costs 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-234 
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 Congres-
sional 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 RESE.\RCH, 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 Groals 
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: Pro-
vided further, That none of the funds appropriated in this paragraph 
may be obligated or expended for the Goals 2000 Community Part-
nerships 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 Shoah 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 A D M I N I S T R A T I O N 
For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of con-
110 STAT. 1321-235 
PUBLIC LAW 104-134—APR. 26, 1996 
ference rooms in the District of Columbia and hire of two passenger 
motor vehicles, $327,319,000. 
Schools. 
Busing. 
Desegregation. 
School prayer. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, as author-
ized 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 
student's 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 guar-
anty 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-236 
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 20 USC 1087h 
Secretary may not use funds available under that section or any note. 
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 
descri}3ed 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 Indism 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 stu-
dents; 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 
110 STAT. 1321-237 
PUBLIC LAW 104-134—APR. 26, 1996 
of Education not later than 30 days after the date of enactment 
of this Act. 
Reports. 
(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 enact-
ment 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 Commit-
tees 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 Appro-
priations 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 Airmen's 
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 Airmen's 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 Airmen's 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 Sur-
geon 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 avail-
able to the Corporation for Public Broadcasting by this Act shall 
be used to pay for receptions, parties, or similar forms of entertain-
ment for Government officials or employees: Provided further. That 
none of the funds contained in this paragraph shall be available 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-238 
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 A N D EXPENSES 
For expenses necessary for the Federal Mediation and Concilia-
tion 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 nec-
essary 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 Director's jurisdic-
tion. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 
SALARIES A N D 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 Librar-
ies 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. 
NATION!^ 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. 
29-194 O - 96 - 13 : QL 3 Part 2 
110 STAT. 1321-239 
PUBLIC LAW 104-134—APR. 26, 1996 
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, direc-
tives, 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 Rela-
tions 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 Rail-
way Labor Act, as amended (45 U.S.C. 151-188), including emer-
gency 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 appropria-
tion 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 appropria-
tion from the Federal Hospital Insurance and the Federal Supple-
mentary Medical Insurance Trust Funds. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-240 
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 Reve-
nue 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 Secu-
rity 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 
110 STAT. 1321-241 
PUBLIC LAW 104-134—APR. 26, 1996 
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 administra-
tive 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 comput-
ing 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 adminis-
trative 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 sec-
tion 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, author-
ized 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-242 
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS 
For payment to the accounts established in the Treasury for 
the pajrment of benefits under the Railroad Retirement Act for 
interest earned on unnegotiated checks, $300,000, to remain avail-
able through September 30, 1997, which shall be the maximum 
amount available for pajrment 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 E X P E N S E S 
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 Serv-
ices, and Education are authorized to transfer unexpended balances 
of prior appropriations to accounts corresponding to current appro-
priations 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. 
110 STAT. 1321-243 
PUBLIC LAW 104-134—APR. 26, 1996 
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 sup-
port 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, respec-
tively, for official reception and representation expenses; the Direc-
tor 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". 
AIDS. 
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 lim-
ited 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. 
Abortion. 
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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-244 
SEC. 509. Notwithstanding any other provision of law— 
31USC 1301 
(1) no amount may be transferred from an appropriation 
note, 
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)(l)(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. 
110 STAT. 1321-245 
PUBLIC LAW 104-134—APR. 26, 1996 
20 use 1078-8 
note. 
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 Heu 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 train-
ing 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 PubHc 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 
42USC238n. 
"SEC. 245. (a) IN GENERAL.^The Federal Government, and 
any State or local government that receives Federal financial assist-
ance, may not subject any health care entity to discrimination 
on the basis that— 
"(1) the entity refuses to undergo training in the perform-
ance 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 physi-
cian 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 pro-
gram that would be accredited but for the accrediting agency's 
reliance upon an accreditation standards that requires an entity 
to perfonS an induced abortion or require, provide, or refer 
for training in the performsince of induced abortions, or make 
arrangements for such training, regardless of whether such 
Regulations. 
standard provides exceptions or exemptions. The government 
involved shall formulate such regulations or other mechanisms. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-246 
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 volun-
tarily 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 individ-
uals 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 pajnnents pro-
vided as reimbursement for carrying out health-related activi-
ties. 
"(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 Eissure 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 para-
graph (3)(B), the Secretary shall treat such entity as meeting 
110 STAT. 1321-247 
PUBLIC LAW 104-134—APR. 26, 1996 
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 monitor-
ing procedures for provider entities found out of compliance with 
the conditions or requirements, and its ability to provide the Sec-
retary with necessary data for validation. 
Publications. 
"(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 
Effective date. 
210 days after the date of receipt of the request (with such docu-
mentation). 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 subpara-
graph (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 18610) 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 "hos-
pitals" 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 condi-
tions 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).". 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-248 
(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 appro-
priateness of the current mechanisms for surveying and 
certifying skilled nursing facilities for compliance with the 
conditions and requirements of sections 1819 and 186 l(j) 
of the Social Security Act and nursing facilities for compli-
ance with the conditions of section 1919 of such Act, and 
(B) a study concerning the effectiveness and appro-
priateness 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 frame-
work, where appropriate, for implementing a process under 
which facilities covered under the respective study may be 
deemed to meet applicable medicare conditions and require-
ments 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 PubUc Law 104-99 is hereby repealed. 
20USC 1070a 
note. 
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 PA.YMENT 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 para-
graph (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. 
110 STAT. 1321-249 
PUBLIC LAW 104-134—APR. 26, 1996 
In applying subparagraph (B), there shall not be counted as 
payments for any period or fiscal year any pa3anent that is 
attributable to an expenditure which is exempt under sub-
section (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 pur-
poses of paragraph (1), the "non-Federal participation percent-
age" for a State for the 9-month period or State fiscal year 
is equal to the ratio of— 
(A) the State's 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 expendi-
tures 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 speci-
fied in paragraph (5). 
(3) BASE STATE EXPENDITURES.—For purposes of this sub-
section, 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 sub-
section, 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, is $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 sub-
section (a) shall be made, by notice from the Governor of 
the State to the Secretary of Health and Human Services, 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-250 
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 pro-
vide payment with respect to items and services provided 
under title XDC 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 Grovernment, 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 sec-
tion 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— 
Female genital 
(1) the practice of female genital mutilation is carried out 
™"*^||fj^^°^\ 
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 mutila-
tion (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 practic-
ing 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. 
42 u s e 241 note. 
110 STAT. 1321-251 
PUBLIC LAW 104-134—APR. 26, 1996 
(c) For purposes of this section the term "female genital mutila-
tion" means the removal or infibulation (or both) of the whole 
or part of the clitoris, the labia minor, or the labia major. 
Effective date. 
(d) The Secretary of Health and Human Services shall com-
mence 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 EDU-
CATION 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 coopera-
tion 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). 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-252 
SEC. 703. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) GOALS 2000: EDUCATE AMERICA ACT.— 
(1) The table of contents for the Goals 2000: Educate Amer-
ica 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 subpara-
graph (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 st£indards and vol-
untary 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 insert-
ing a period; and 
(C) by striking subparagraph (C). 
110 STAT. 1321-253 
PUBLIC LAW 104-134—APR. 26, 1996 
(9) Section 306(o) of such Act (20 U.S.C. 5886(o)) is 
amended by striking "State opportunity-to-leam 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 subpara-
graph (A), by striking "State opportunity-to-learn 
standards,"; and 
(ii) in subparagraph (A), by striking "including— 
" 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 insert-
ing "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 para-
graphs (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-
leam 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 stu-
dent performance standards, and voluntary natu-
ral opportunity-to-leam standards developed under 
part B of title II of this Act" and inserting "and 
voluntary national student performance stand-
ards"; 
(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)"; 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-254 
(B) in the matter preceding subparagraph (A) of sub-
section (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 stand-
ards 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 Edu-
cation Act of 1965 (20 U.S.C. 6311) is amended— 
(A) in subsection (b)(8)(B), by striking "(which may 
include opportunity-to-leam standards or strategies devel-
oped under the Goals 2000: Educate America Act)"; 
(B) in subsection (f), by striking "opportunity-to-learn 
standards or strategies,"; 
110 STAT. 1321-255 
PUBLIC LAW 104-134—APR. 26, 1996 
(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), respec-
tively. 
(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)(l)(A)(i) of such Act (20 U.S.C. 
8001(b)(l)(A)(i)) is amended by striking "and opportunity-to-
leam standards or strategies for student learning". 
(5) Section 14701(b)(l)(B)(v) of such Act (20 U.S.C. 
8941(b)(l)(B)(v)) is amended by striking "the National Edu-
cation Goals Panel," and all that follows through "assessments)" 
and inserting "and the National Education Groals 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 America's Schools Act of 1994 
(Public Law 103-382), is amended by striking "the National Edu-
cation 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 America's 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-256 
an application to the Secretary that is consistent with the 
provisions of this Act and shall notify the State educational 
I 
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. 
7
0
5
. 
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 provi-
sion 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 amend-
ment to a previously approved application— 
"(i) an assurance, from the Grovemor 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 State's benchmarks of improved student 
performance and of progress in implementing the plan, 
and the timelines against which the State's progress 
in carrying out the plan can be measured. 
"(B) ANNUAI. 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 State's 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) SECRETARY'S 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 semi-
colon; 
(2) in subparagraph (B), by striking "and" after the semi-
colon 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". 
110 STAT. 1321-257 
PUBLIC LAW 104-134—APR. 26, 1996 
20 u s e 5900. 
Departments of 
Veterans Affairs 
and Housing and 
Urban 
Development, 
and Independent 
Agencies 
Appropriations 
Act, 1996. 
(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 edu-
cational 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 participa-
tion 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 Appro-
priations 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 pa3anent 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 FV of the Soldiers' and Sailors' 
Civil Relief Act of 1940, as amended, and for other benefits as 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-258 
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 avail-
able 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 implement-
ing those provisions authorized in the Omnibus Budget Reconcili-
ation 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" appro-
priation: 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 medi-
cal facilities for nursing home care provided to pensioners as author-
ized 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 insur-
ance, servicemen's 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 trans-
ferred 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 
110 STAT. 1321-259 
PUBLIC LAW 104-134—APR. 26, 1996 
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 trans-
ferred 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 fur-
ther. 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 pro-
gram authorized by 38 U.S.C. chapter 37, subchapter V, as 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-260 
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 facili-
ties, 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 Vetersms 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 equip-
ment 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 acquisi-
tion; engineering and architectural activities not charged to project 
cost; and research and development in building construction tech-
nology; $63,602,000, plus reimbursements. 
110 STAT. 1321-261 
PUBLIC LAW 104-134—APR. 26, 1996 
TRANSITIONAL HOUSING LOAN PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of direct loans, $7,000, as authorized by PubUc 
Law 102-54, section 8, which shall be transferred from the "General 
post fund": Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional 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 Veter-
ans Affairs, not otherwise provided for, including uniforms or allow-
ances 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 Plan-
ning, (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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-262 
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 con-
tract by September 30, 1996, and (2) by the awarding of a construc-
tion contract by September 30, 1997: Provided further. That the Reports. 
Secretary shall promptly report in writing to the Comptroller Gen-
eral 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 estab-
lished 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 engineer-
ing services, maintenance or guarantee period services costs associ-
ated with equipment guarantees provided under the project, services 
110 STAT. 1321-263 
PUBLIC LAW 104-134—APR. 26, 1996 
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 pre-
vious "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 improv-
ing 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 Veter-
ans 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-264 
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 Veter-
ans 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 Transpor-
tation shall be responsible for all costs associated with the trans-
ferred land and improvements thereon, and compliance with all 
existing statutes and regulations: Provided further. That the Sec-
retary 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. 
110 STAT. 1321-265 
PUBLIC LAW 104-134—APR. 26, 1996 
Certification. 
Federal buildings 
and facilities. 
Washington. 
(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 author-
ized 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 cer-
tifies 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAJ. 1321-266 
be for modernization of existing public housing projects pursuant 
to section 14 of the Act (42 U.S.C. 14371), 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 hous-
ing (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 bal-
ances heretofore appropriated under the heading "Renewal of expir-
ing section 8 subsidy contracts": Provided further. That notwith-
standing 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. McKin-
ney 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 
110 STAT. 1321-267 
PUBLIC LAW 104-134—APR. 26, 1996 
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 pro-
vided under this head, $171,000,000 shall be for housing opportuni-
ties 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 Residen-
tial 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 perform-
ance and financial systems. 
12 use 4101 
Of the total amount provided under this head, $624,000,000, 
note. 
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 avail-
able 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 applica-
tions 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-268 
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 inter-
rupted 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 Novem-
ber 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 provi-
sion 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 stand-
ard, so long as the administering public housing agency finds that 
the rent is reasonable in comparison with rents charged for com-
parable 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, 
110 STAT. 1321-269 
PUBLIC LAW 104-134—APR. 26, 1996 
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 condi-
Effective date. 
tions 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 con-
tracts, for supportive housing for persons with disabilities, as 
authorized by section 811 of the Cranston-Gonzalez National Afford-
able Housing Act; and for project rental assistance, and amend-
ments 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: Pro-
vided, 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 addi-
tion 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 sec-
tion 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 por-
tions thereof, the revitalization (where appropriate) of sites (includ-
ing remaining public housing units) on which such projects are 
located, replacement housing which will avoid or lessen concentra-
tions 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-270 
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 activi-
ties and the extent to which the public housing agency could under-
take 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. 1437f 
and 1): Provided further, That the Secretary may impose such condi-
tions and requirements as the Secretary deems appropriate to effec-
tuate 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 pro-
gram: 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 coopera-
tive 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 recap-
tured 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. 
29-194 O - 96 - 14 ; QL 3 Part 2 
110 STAT. 1321-271 
PUBLIC LAW 104-134—APR. 26, 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 clearing-
house 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 Sec-
retary: 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 prin-
cipal, any part of which is to be guaranteed, not to exceed 
$36,900,000. 
HOMELESS ASSISTANCE 
HOMELESS A S S I S T A N C E GRANTS 
For the emergency shelter grants program (as authorized under 
subtitle B of title IV of the Stewart B. McKinney Homeless Assist-
ance 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 pro-
gram (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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-272 
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 
farther, 
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 Develop-
ment" 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 42USC5305 
907(b)(1) of the Cranston-Gonzalez National Affordable Housing note. 
Act, shall continue to be effective after September 30, 1995, notwith-
standing section 907(b)(2) of such Act: Provided further, That section 
916 of the Cranston-Gonzalez National Affordable Housing Act shall Applicability. 
apply with respect to fiscal year 1996, notwithstanding section 42 USC 5306 
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-suffi-
cient: 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 serv-
ices 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 serv-
ices for the elderly and disabled, service coordinators, and coordi-
nated educational, training, and other supportive services, including 
academic skills training., job search assistance, assistance related 
to retaining employment, vocational and entrepreneurship develop-
ment and support programs, transportation, and child care: Pro-
vided further, That the Secretary shall require applicants to dem-
110 STAT. 1321-273 
PUBLIC LAW 104-134—APR. 26, 1996 
onstrate 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 pro-
posed 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, notwith-
standing 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 ten-
ants 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, notwith-
standing any other provision of law, $15,000,000 shall be available 
for the tenant opportunity program. 
Of the amount made available under this heading, notwith-
standing 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, notwith-
standing 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 Develop-
ment Act of 1974. In addition, for administrative expenses to carry 
out the guaranteed loan program, $675,000 which shall be trans-
ferred to and merged with the appropriation for departmental sala-
ries and expenses. 
The amount made available for fiscal year 1995 for a special 
purpose grant for the renovation of the central terminal in Buffalo, 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-274 
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. 170Iz-
1 et seq.), including carrying out the functions of the Secretary 
under section l(a)(l)(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 pro-
vided 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 organiza-
tions, as authorized by section 561 of the Housing and Community 
Development Act of 1987, as amended by the Housing and Commu-
nity 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 other-
wise provided for, including not to exceed $7,000 for official recep-
tion 
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 
(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. 
110 STAT. 1321-275 
PUBLIC LAW 104-134—APR. 26, 1996 
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 Direc-
tor 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 Sec-
retary 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 govern-
mental entities in connection with sales of single family real prop-
erties owned by the Secretary and formerly insured under section 
203 of such Act. 
For administrative expenses necessary to carry out the guaran-
teed 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 appro-
priation 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 guaran-
teed 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-276 
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 guaran-
teed 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, notwith-
standing 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(1), 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 connec-
tion 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 govern-
mental 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 guaran-
teed mortgage-backed securities program, $9,101,000, to be derived 
from the GNMA—guarantees of mortgage-backed securities guaran-
teed loan receipt account, of which not to exceed $9,101,000 shall 
be transferred to the appropriation for departmental salaries and 
expenses. 
110 STAT. 1321-277 
PUBLIC LAW 104-134—APR. 26, 1996 
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.—Sub-
42 use 1437/. 
section 14(q) of the United States Housing Act of 1937 is 
amended to read as follows: 
"(q)(l) In addition to the purposes enumerated in subsections 
(a) and (b), a public housing agency may use modernization assist-
ance provided under section 14, and development assistance pro-
vided 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 exist-
ing 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 hous-
ing, 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 sub-
sidies, 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 develop-
ments 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 partici-
pates 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 commit-
ment 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-278 
"(3) A mixed income development may elect to have all units 
subject only to the applicable local real estate taxes, notwithstand-
ing 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 necessarj^ 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 pro-
vided 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 amend-
ment made by this subsection shall apply to public housing 
developed or operated pursuant to a contract between the Sec-
retary of Housing and Urban Development and an Indian hous-
ing 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 
42 USC I437p 
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. 
42 USC 1437/ 
note. 
42 USC 1437aa 
note. 
42 USC 1437c 
note. 
42 USC 1437aa 
note. 
110 STAT. 1321-279 
PUBLIC LAW 104-134—APR. 26, 1996 
CONVERSION OF CERTAIN PUBLIC HOUSING TO VOUCHERS 
42 use 1437/ 
SEC. 202. (a) IDENTIFICATION OF UNITS.—Each public housing 
^0**- 
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 pro-
grams; 
(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 achieve-
ment 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 con-
sult 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 identi-
fied 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 HOUS-
ING 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 sub-
section (b)(3), over a period of up to five years, from the inven-
tory 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 Commu-
nity Development Act of 1992, including a description of any 
disposition and demolition plan for the public housing units. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-280 
(2) The Secretary may extend the deadUne in paragraph 
(1) for up to an additional five years where the Secretary 
makes a determination that the deadHne is impracticable. 
(3) The Secretary shall take appropriate actions to ensure 
removal of developments identified under subsection (a) or sub-
section (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 develop-
ment 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.—^Notwithstand-
ing 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 develop-
ment under this section. 
(d) CONVERSION TO TENANT-BASED ASSISTANCE.— 
(1) The Secretaiy 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 devel-
opment shall be removed from the inventory of the public 
housing agency and the families shall receive tenant-based 
110 STAT. 1321-281 
PUBLIC LAW 104-134—APR. 26, 1996 
42 use 1437f. 
42 use 1437f 
note. 
42 use 1437f 
note. 
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 nec-
essary 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 CERTIFI-
CATE AND VOUCHER PROGRAMS.—Section 8(c) of such Act is 
amended— 
(1) in paragraph (8), by inserting after "section" the follow-
ing: "(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 effec-
tive 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 £ind become 
economically self-sufficient; and increase housing choices for low-
income families. 
(b) PROGRAM AUTHORlTY.^The Secretary of Housing and Urban 
Development shall conduct a demonstration program under this 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-282 
section beginning in fiscal year 1996 under which up to 30 pubHc 
housing agencies (including Indian housing authorities) administer-
ing 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 evalua-
tions 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 assist-
ance 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 dem-
onstration— 
(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 family's 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 fam-
ily size) as would have been provided had the amounts 
not been used under the demonstration; and 
(E) assuring that housing assisted under the dem-
onstration program meets housing quality standards estab-
lished or approved by the Secretary; and 
(4) may request assistance for training and technical assist-
ance to assist with design of the demonstration and to partici-
pate 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 perform-
110 STAT. 1321-283 
PUBLIC LAW 104-134—APR. 26, 1996 
ance by an agency under the public housing management assess-
ment 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 COM-
PREHENSIVE GRANT PROGRAM ALLOCATIONS.—^The amount of assist-
ance 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) ICEEPING 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 Sec-
retary shall have access for the purpose of audit and examina-
tion to any books, documents, papers, and records that are 
pertinent to assistance in connection with, and the require-
ments of, this section. 
(4) ACCESS TO DOCUMENTS BY THE COMPTROLLER GEN-
ERAL.—^The Comptroller General of the United States, or any 
of the duly authorized representatives of the Comptroller Gen-
eral, 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 REPRESENTA-
TIVES.—In making assessments throughout the demonstration, 
the Secretary shall consult with representatives of public hous-
ing 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-284 
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 thsin 
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 respon-
sibilities 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 Commu-
nity 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 42USC I437f. 
is amended by adding the following new subsection at the end: 
"(bb) TRANSFER OF BUDGET AUTHORITY.—If an assistance con-
tract 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 
110 STAT. 1321-285 
PUBLIC LAW 104-134—APR. 26, 1996 
Effective date. 
12 u s e 1715n 
note. 
42 u s e 1437f 
note. 
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 Sec-
retary 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 Develop-
ment 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 mar-
ket 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. 
PUBLIC Li^W 104-134—APR, 26, 1996 
110 STAT. 1321-286 
In determining the manner in which a mortgage is to be restruc-
tured 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 sub-
section (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 con-
tracts 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 fore-
closure 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 Govern-
ment National Mortgage Association where it owns a mortgage 
insured by the Secretary; (ii) consent by an issuer under the mort-
gage-backed securities program of the Association, subject to the 
responsibilities of the issuer to its security holders and the Associa-
tion under such program; and (iii) parties to any contractual agree-
ment 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 
110 SI AT. 1321-287 
PUBLIC LAW 104-134—APR. 26, 1996 
third party determines would interfere with the abihty 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 rehabihtation 
program to apply any accumulated residual receipts toward 
effecting the purposes of this section. 
(2) Notwithstanding any other provision of law, the Sec-
retary 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 project's debt service, including pa3mtients monthly from 
the appropriate Insurance Fund, for the full remaining term 
of the insured mortgage. 
(5) Notwithstanding any other provision of law, the Sec-
retary 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 sec-
tion, 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 rec-
ommendations 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; 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-288 
(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 multi-
family housing projects; 
(6) a description of the extent to which the demonstrations 
under this section have displaced tenants of multifamily hous-
ing 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 
S E C 211. Section 1316(b) of the Housing and Community Devel-
opment 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 semisinnually 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, respec-
tively, 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 Amend-
ments 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 
Hubbard 
Hospital 
Authority. 
Texas. 
Groveton Texas 
Hospital 
Authority. 
Texas. 
110 STAT. 1321-289 
PUBLIC LAW 104-134—APR. 26, 1996 
Hepzibah Public 
Service District. 
West Virginia. 
California. 
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 H of the 
Housing Amendments of 1955. Such public service district is 
relieved of all liability to the Government for the outstanding prin-
cipal balance on such loan, for the amount of accrued interest 
on such loan, £ind 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 deter-
mined to satisfy the "continuum of care" requirements of the Depart-
ment 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 PubHc 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 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-290 
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 
42 USC 4852. 
"priority housing" wherever it appears in said section and insert 
"housing". 
(b) Section 1011(a) shall be amended as follows: At the end Grants. 
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 
42 USC I437g. 
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" 12 USC 1715Z. 
and inserting in lieu thereof "September 30, 1996". 
REPEAL OF F R O S T - L E L A N D 
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 S I N G L E - F A M I L Y ASSIGNMENT PROGRAM REFORM 
SEC. 221. (a) CORRECTION TO FORECLOSURE AVOIDANCE PROVI-
SION.—^The penultimate proviso of section 204(a) of the National 
110 STAT. 1321-291 
PUBLIC LAW 104-134—APR. 26, 1996 
12 u s e 1715U 
note. 
12 u s e 1715u. 
12 u s e 1710 
note. 
Ante, p. 45. 
Housing Act (12 U.S.C. 1710(a)), as added by section 407(a) of 
the Balanced Budget Downpa5niient 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 mort-
gagor 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, L 
(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 Downpa3anent Act, I, and the amend-
ments 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 FIS-
CAL YEAR 1996.—Section 407(c) of the Balanced Budget Downpay-
ment 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 lobb3dng 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 many 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 Hous-
ing 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 Devel-
opment Act of 1974 (42 U.S.C. 5305(a)) is amended— 
(1) in paragraph (4)— 
(A) by inserting "reconstruction," after "removal,"; and 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-292 
(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 para-
graphs (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 develop-
ment 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 multi-year commitment. The Secretary shall issue proposed Rules, 
and final rulemaking for the requirements of the community devel-
opment 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 partner-
ships 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 OfHcer 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 partnerships program, notwithstanding the memoran-
dum 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— 
12 USC I7l5z-l. 
(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 mar-
ket 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 Ante, p. 40. 
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 Downpajnnent Act, I (Public Law 104-99), the Secretary 
of Housing and Urban Development or a public housing agency 
110 STAT. 1321-293 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 monu-
ments outside of the United States and its territories and posses-
sions; 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 
36 use 121b. 
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 pa3niient of 
36 use 122. 
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 fur-
36 use 122a. 
ther. That the Commission shall reimburse other Government agen-
cies, including the Armed Forces, for salary, pay, and allowances 
of personnel assigned to it. 
DEPARTMENT OF THE TREASURY 
COMMUNITY D E V E L O P M E N T FINANCIAL INSTITUTIONS FUND 
PROGRAM ACCOUNT 
For grants, loans, and technical assistance to qualifying commu-
nity 
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 inspec-
PUBLIC L(\W 104-134—APR. 26, 1996 
110 STAT. 1321-294 
tor 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 Institu-
tions Act of 1994 (CDBFI Act): Provided further, That notwithstand- 
12 USC 4703 
ing any other provision of law, for purposes of administering the iiote. 
Community Development Financial Institutions Fund, the Secretary 
of the Treasury shall have all powers and rights of the Adminis-
trator of the CDBFI Act and the Fund shall be within the Depart-
ment 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' con-
tributions 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 initia-
tives 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 Septem-
ber 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 representa-
tion expenses: Provided further. That not more than $59,000,000, 
to remain available without fiscal year limitation, shall be trans-
ferred 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 head-
ing 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 
110 STAT. 1321-295 
PUBLIC LAW 104-134—APR. 26, 1996 
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, innova-
tion, 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 author-
ized 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 
E
rovided by the private sector, shall expand significantly the num-
er of educational awards provided under subtitle D of title I, 
and shall reduce the total Federal cost per participant in all pro-
Reports, 
grams: 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 Govern-
ment 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 expedi-
tiously nominate a qualified Chief Financial Officer for the Corpora-
tion. 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 Corporation's 
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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-296 
to implement these recommendations, the Corporation should sub-
mit 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 pur-
pose of providing financial assistance as described, and in accord-
ance 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 Airmen's 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, includ-
ing 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 nec-
essary 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 author-
ized 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; pur-
chase of reprints; library memberships in societies or associations 
110 STAT. 1321-297 
PUBLIC LAW 104-134—APR. 26, 1996 
which issue pubhcations to members only or at a price to members 
lower than to subscribers who are not members; construction, alter-
ation, 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, notwith-
standing any other provision of law, for this fiscal year and 
hereafter, an industrial discharger that is a pharmaceutical manu-
facturing facility and discharged to the Kalamazoo Water Reclama-
tion 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 follow-
ing conditions are met: 
(1) the owner or operator of the Kalamazoo Water Reclama-
tion 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 Kala-
mazoo 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 avail-
able 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-298 
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: Pro-
vided further. That notwithstanding section lll(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 lll(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 Environ-
mental Protection Agency to propose for listing or to list any addi-
tional facilities on the National Priorities List established by section 
105 of the Comprehensive Environmental Response, Compensation 
and LiabiUty 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 Grovernor 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 stor-
age 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 Protec-
tion Agency's 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. 
110 STAT. 1321-299 
PUBLIC LAW 104-134—APR. 26, 1996 
STATE AND TRIBAL ASSISTANCE GRANTS 
For environmental progrems and infrastructure assistance, 
including capitalization grants for State revolving funds and 
performance partnership grants, $2,813,000,0 ^ to remain available 
until expended, of which $1,848,500,000 shall be for making capital-
ization grants for State revolving funds to support water infrastruc-
ture financing; $100,000,000 for architectural, engineering, design, 
construction and related activities in connection with the construc-
tion 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 Adminis-
trator, 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 develop-
ment 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, 
33 use 1281 
That beginning in fiscal year 1996 and each fiscal year thereafter, 
note. 
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 Grovernor 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 environ-
mental 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 capitaliza-
tion 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 
33 use 1281 
House of Representatives on May 16, 1995: Provided further, That 
note. 
of the funds appropriated in the Construction Grants and Water 
Infrastructure/State Revolving Funds accounts since the appropria-
3 Remainder of figure missing, complete figure probably should read "$2,813,000,000" 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-300 
tion 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: Pro-
vided further, That the funds made available in Public Law 103-
327 for a grant to the City of Mt. Arlington, New Jersey, in accord-
ance 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 publish-
ing 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 Michigan. 
Environmental Protection Agency shall: (1) transfer all real property PuWic lands. 
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. 
110 STAT. 1321-301 
PUBLIC LAW 104-134—APR. 26, 1996 
EXECUTIVE OFFICE OF THE PRESIDENT 
OFFICE OF S C I E N C E AND TECHNOLOGY POLICY 
For necessary expenses of the Office of Science and Technology 
PoHcy, 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 agen-
cies 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 R E L I E F 
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 Assist-
ance Act (42 U.S.C. 5121 et seq.): Provided, That such costs, includ-
ing 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; serv-
ices 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-302 
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 Rules, 
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 Emer-
gency Management Agency's 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 Emer-
gency Management Agency to be obligated for its radiological emer-
gency preparedness program for such fiscal year. The methodology 
for assessment and collection of fees shall be fair and equitable. 
29-194 O - 96 - 15 : QL 3 Part 2 
110 STAT. 1321-303 
PUBLIC LAW 104-134—APR. 26, 1996 
and shall reflect the full amount of costs of providing radiological 
emergency planning, preparedness, response and associated serv-
ices. 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, reve-
nues, 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: Pro-
vided, 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 fur-
ther. 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 develop-
ment activities, including research; development; operations; serv-
ices; 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-304 
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; oper-
ations; 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 activi-
ties including operations, production, and services; and purchase, 
lease, charter, maintenance, and operation of mission and adminis-
trative 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 oper-
ations and support; space communications activities including 
operations, production, and services; maintenance; construction of 
facilities including repair, rehabilitation, and modification of facili-
ties, 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 avail-
able 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. 
110 STAT. 1321-305 
PUBLIC LAW 104-134—APR. 26, 1996 
Notwithstanding the limitation on the availabiHty of funds 
appropriated for "Mission support" and "Office of Inspector Gen-
eral", 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 appro-
priation 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 appro-
Notification, 
priated: 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. 
Ante, p. 38. 
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 Liquid-
ity 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 serv-
ices 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-306 
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 activi-
ties, 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 appro-
priated 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 pur-
poses 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 recep-
tion 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. 
110 STAT. 1321-307 
PUBLIC LAW 104-134—APR. 26, 1996 
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, includ-
ing expenses of attendance at meetings and of training for uni-
formed 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 provi-
sions 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 Corpora-
tion 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 herein-
after provided: Provided, That collections of these corporations and 
agencies may be used for new loan or mortgage purchase commit-
ments 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-308 
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 esti-
mates 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 emer-
gencies declared or determined by the President under the provi-
sions 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 pay-
ments 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 adminis-
trative expenses of the Department of Housing and Urban Develop-
ment 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 serv-
ices 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— 
110 STAT. 1321-309 
PUBLIC LAW 104-134—APR. 26, 1996 
Contracts. 
PubUc 
information. 
Records. 
(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 certifi-
cation, and without such a voucher or abstract, is specifi-
cally authorized by law; and 
(2) unless such expenditure is subject to audit by the Gen-
eral Accounting Office or is specifically exempt by law from 
such audit. 
SEC. 506. None of the funds provided in this Act to any depart-
ment 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 pa3mient, 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 Govern-
ment 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 avail-
able 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, evalua-
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-310 
tions, 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 £iny officer or employee of such depart-
ment or agency. 
SEC. 513. None of the funds provided in this Act to any depart-
ment 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 Reports 
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 Appro-
priations 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 Emer-
gency 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". 
Government 
organization. 
Ante, p. 36. 
110 STAT. 1321-311 
PUBLIC LAW 104-134—APR. 26, 1996 
Supplemental 
Appropriations 
Act of 1996. 
Certification. 
President. 
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 benefits 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 result-
ing 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 sub-
chapter 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 author-
ized 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 Con-
trol Act of 1985, as amended. 
PUBLIC L.\W 104-134—APR. 26, 1996 
110 STAT. 1321-312 
RURAL HOUSING AND COMMUNITY DEVELOPMENT SERVICE 
RURAL H O U S I N G 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 Congres-
sional 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 avail-
able 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: Pro-
vided, 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 North-
west, 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 Con-
gress 
as 
an 
emergency 
requirement 
pursuant 
to 
section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended. 
RURAL UTILITIES SERVICE 
RURAL U T I L I T I E S 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 Congres-
sional 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 
SECTION 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 regula-
tion 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 
110 STAT. 1321-313 
PUBLIC LAW 104-134—APR. 26, 1996 
FDA Export 
Reform and 
Enhancement 
Act of 1996. 
21 u s e 301 note. 
Records. 
Reports. 
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. 
7 u s e 1941 note. 
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 lA 
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 sec-
tion 2104) an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the ref-
erence 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 supple-
ment, 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 supple-
ment 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 
PUBLIC L^W 104-134—APR. 26, 1996 
110 STAT. 1321-314 
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 Certification, 
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 certifi-
cation may be charged but shall not exceed $175 for each certifi-
cation. 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 avail-
able 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 
110 STAT. 1321-315 
PUBLIC LAW 104-134—APR. 26, 1996 
labeling requirements or conditions for use and such country 
requires the drug to be labeled in accordance with those require-
ments 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 adulter-
ated, 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-316 
(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 investiga-
tions, 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 coun-
try 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 
(l)(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 author-
ize 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 
110 STAT. 1321-317 
PUBLIC LAW 104-134—APR. 26, 1996 
and effectiveness of drugs on the basis of adequate and 
well-controlled investigations, including clinical investiga-
tions, 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 condi-
tions 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 condi-
tions 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 evi-
dence, 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, packag-
ing, labeling, or further processing in anticipation of market 
authorization in any country described in clause (i) or (ii) of sub-
section (b)(1)(A) may be exported for use in accordance with the 
laws of that country. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-318 
"(e)(1) A drug or device which is used in the diagnosis, preven-
tion, 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 Reports. 
a drug or device under this subsection shall report to the Sec-
retary— 
"(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 para-
graph (1)(A) to a country for which the Secretary cannot make 
such a finding; and 
"(B) the receipt of any information indicating adverse reac-
tions 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 parag:raph (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 imme-
diately 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 inter-
national 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 diTig or device is the subject of a notice 
by the Secretary or the Secretary of Agriculture of a determina-
tion 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 
110 STAT. 1321-319 
PUBLIC LAW 104-134—APR. 26, 1996 
Records. 
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 condi-
tions for use in— 
"(i) the country in which the drug or device 
received valid marketing authorization under sub-
section (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)(l)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.^^ection 351(h) of the Pub-
lic 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-320 
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 incor-
porated 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 forai 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 stand-
ards as certified by an international standards organization recog-
nized 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 enact-
ment 
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 submit-
ted prior to the expiration of the entitlement provided under sub-
section (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 Trade-
marks and the Secretary for Health and Human Services of such 
entitlement. Not later than 7 days after the receipt of such notice. Publication, 
the Commissioner and the Secretary shall publish an appropriate 
notice of the receipt of such notice. 
110 STAT. 1321-321 
PUBLIC LAW 104-134—APR. 26, 1996 
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 Devel-
opment 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 pursu-
ant 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 designa-
tion of the entire amount of the request as an emergency require-
ment 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 avail-
able 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 pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-322 
CHAPTERS 
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 Illi-
nois; 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 Emer-
gencies", 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: Pro-
vided, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(DX2)(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 
"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. 
110 STAT. 1321-323 
PUBLIC LAW 104-134—APR. 26, 1996 
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 (PubHc 
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 appro-
priated 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 des-
ignated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended. 
MILITARY ASSISTANCE 
FOREIGN MILITARY FINANCING PROGRAM 
For an additional amount for "Foreign Military Financing Pro-
gram" 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-324 
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 emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That $758,000 of this amount shall President, 
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 Defi-
cit 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 struc-
tures, 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 President, 
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 Defi-
cit 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 Fed-
eral 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 hurri-
canes, 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, 
110 STAT. 1321-325 
PUBLIC LAW 104-134—APR. 26, 1996 
President. 
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 Defi-
cit 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 hurri-
canes, floods and other acts of nature: Provided that Congress 
hereby designates this amount as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
President. 
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 emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
President. 
ed: Provided further. That $824,000 of this amount shall be avail-
able 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 Con-
trol 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 emer-
gency 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 Con-
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-326 
trol Act of 1985, as amended: Provided further, That $7,072,000 President. 
of this amount shall be available only to the extent an official 
budget request, for a specific dollar amount, that includes desi^a-
tion of the entire amount of the request as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmit-
ted by the President to the Congress. 
TERRITORIAI. 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 Con-
trol Act of 1985, as amended: Provided further, That $11,000,000 President, 
of this amount shall be available only to the extent an official 
budget request, for a specific dollar amount, that includes designa-
tion of the entire amount of the request as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmit-
ted 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, Hoods 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 President, 
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 Con-
trol 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 President. 
$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. 
110 STAT. 1321-327 
PUBLIC LAW 104-134—APR. 26, 1996 
CHAPTERS 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION 
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
PROGRAM 
For an additional amount for "North Atlantic Treaty Organiza-
tion Security Investment Program", $37,500,000, to remain avail-
able 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 appro-
priate 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 Con-
gress 
as 
an 
emergency 
requirement 
pursuant 
to 
section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-328 
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 Con-
trol 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 Con-
trol 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 Con-
trol 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 Con-
trol 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 des-
ignated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit 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. 
110 STAT. 1321-329 
PUBLIC LAW 104-134—APR. 26, 1996 
GENERAL PROVISIONS 
109 Stat. 652. 
Contracts. 
Certification. 
Reports. 
(TRANSFER OF FUNDS) 
SEC. 2701. Section 8005 of the Department of Defense Appro-
priations 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 procure-
ment 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 maxi-
mum 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 transmit-
ted 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-330 
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 manu-
facturing 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 Agree-
ment between the Department of the Army and National Presto 
Industries, Inc. 
SEC. 2707. (a)(1) Section 1177 of title 10, United States Code, AIDS, 
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. 
10 USC 1177 
SEC. 2708. In addition to the amounts made available in title note. 
II of Public Law 104-61, under the heading "Operation and Mainte-
nance, 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, Develop-
ment, Test and Evaluation, Navy", $10,000,000 is hereby appro-
priated and made available for Shallow Water Mine Counter-
measure Demonstrations, of which $5,000,000 shall be made avail-
able for the Advanced Lightweight Influence Sweep System Devel-
opment program. 
(TRANSFER OF FUNDS) 
SEC. 2710. Of the funds appropriated or otherwise made avail-
able 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. 
110 STAT. 1321-331 
PUBLIC LAW 104-134—APR. 26, 1996 
109 Stat. 673. 
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 notwithstand-
ing 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". 
CHAPTERS 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
PAYMENTS TO AIR CARRIERS 
The first proviso under the head "Pajonents to Air Carriers" 
in Title I of the Department of Transportation and Related Agencies 
109 Stat. 437. 
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-Atlan-
tic, 
Northeast, 
and 
Northwest 
States 
and 
other 
disasters, 
$300,000,000, to be derived from the Highway Trust Fund and 
President. 
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 Con-
gress: Provided further. That such amount is designated by Con-
gress 
as 
an 
emergency 
requirement 
pursuant 
to 
section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol 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 North-
west States. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-332 
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 High-
way 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, limita-
tions 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 estab-
lish such regulatory distinctions as the Administrator deems appro-
priate effective through June 1, 1997. 
SEC. 2804. Notwithstanding any other provision of law, 
$23,909,325 funds made available under Public Law 103-122 
together with $21,534,347 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 
110 STAT. 1321-333 
PUBLIC LAW 104-134—APR. 26, 1996 
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 AP-
PROPRIATED 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 
109 Stat. 473. 
SEC. 2901. Title I of Public Law 104-52 is hereby amended 
by deleting ", not to exceed $1,406,000," under the heading "CUS-
TOMS SERVICES AT SMALL AIRPORTS". 
109 Stat. 474. 
SEC. 2902. Title I of Public Law 104-52 is hereby amended 
by adding the following new section under the heading "ADMINISTRA-
TIVE 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 Divi-
sion operations which is not less than that provided in fiscal year 
1995.". 
109 Stat. 479. 
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 Serv-
ice, and General Government Appropriations Act, 1996 (Public Law 
26 use 7801 
104-52, 109 Stat. 509) is amended— 
note. 
(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". 
26 use 7801 
(b) EFFECTIVE DATE.—The amendments made by this section 
note. 
shall take effect as if included in the provisions of the Treasury, 
Postal Service, and General Government Appropriations Act, 1996. 
PUBLIC Li\W 104-134—APR. 26, 1996 
110 STAT. 1321-334 
CHAPTER 10 
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND 
URBAN DEVELOPMENT AND INDEPENDENT AGENCIES 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
CoMMUNmr 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 President, 
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 R E L I E F 
(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 President, 
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. 
29-194 O - 96 - 16 : QL 3 Part 2 
110 STAT. 1321-335 
PUBLIC LAW 104-134—APR. 26, 1996 
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 assist-
ance 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 proce-
dures of the Committees on Appropriations. 
This title may be cited as the "Supplemental Appropriations 
Act of 1996". 
TITLE III 
RESCISSIONS AND OFFSETS 
Ante, p. 27, 30, 
34. 
Reports. 
CHAPTER 1 
ENERGY AND WATER DEVELOPMENT 
USEC 
Privatization Act. 
SUBCHAPTER A—UNITED STATES ENRICHMENT CORPORATION 
PRIVATIZATION 
42 u s e 2011 
note. 
42 u s e 2297h. 
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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-336 
(3) The term "gaseous diffusion plants" means the Paducah 
Gaseous Diffusion Plant at Paducah, Kentucky and the Ports-
mouth 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 PoUcy 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 owner-
ship 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 corpora-
tion 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 continu-
ation by the Corporation of the operation of the Department of 
Energy's gaseous diffusion plants, provides for the protection of 
the public interest in maintaining a reliable and economical domes-
tic 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 accord-
ance with, and having the effects provided under, the law of the 
42 use 2297h-l. 
42 use 2297h-2. 
110 STAT. 1321-337 
PUBLIC LAW 104-134—APR. 26, 1996 
State of incorporation of the private corporation, as if the Corpora-
tion 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. 
42 use 2297h-3. 
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 Cor-
poration 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 mem-
bers 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 establish-
ment of the United States, a Government corporation, or a Govern-
ment-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 RESTRIC-
TIONS.—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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-338 
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 corporation's incorporation 
unless the Secretary of the Treasury or his delegate, upon the 
Corporation's 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 Corporation's 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 Corporation's 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) ENVlRONMENTi^iJ. AuDlT.—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)). 
42 use 2297h-4. 
Records. 
42 use 2297h-5. 
110 STAT. 1321-339 
PUBLIC LAW 104-134—APR. 26, 1996 
(g) WAIVER OF E I S 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). 
42 use 2297h-6. 
SEC. 3108. TRANSFER OF CONTRACTS. 
(a) TRANSFER OF CONTRACTS.—Concurrent with privatization, 
the Corporation shall transfer to the private corporation all con-
tracts, agreements, and leases, including all uranium enrichment 
contracts, that were— 
(1) transferred by the Secretary to the Corporation pursu-
ant 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, agree-
ments, 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 sub-
section (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 termi-
nation, 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 prod-
ucts, materials, and services provided to customers on a basis 
that will allow it to attain the normal business objectives of a 
profit making corporation. 
42 use 2297h-7. 
SEC. 3109. LIABILITIES. 
(a) LIABILITY OF THE UNITED STATES.—(1) Except as otherwise 
provided in this subchapter, all liabilities arising out of the oper-
PUBLIC l A W 104-134—APR. 26, 1996 
110 STAT. 1321-340 
ation 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 estab-
lished by the Secretary. Nothing in this paragraph shall be con-
strued 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 viola-
tion 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 pro-
vided 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 v^ith the privatization if, with respect to the 
subject matter of the action, suit, or proceeding, such person was 
acting within the scope of his emplojmient. 
(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 Constitu-
tion or laws of any State, territory, or possession of the United 
States relating to transactions in securities. 
SEC. 3110. EMPLOYEE PROTECTIONS. 
42 USC 2297h-8. 
(a) CONTRACTOR EMPLOYEES.—(1) Privatization shall not dimin-
ish the accrued, vested pension benefits of employees of the Corpora-
tion's 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 pen-
sion plan covering employees of the prior operating contractor shall 
110 STAT. 1321-341 
PUBLIC LAW 104-134—APR. 26, 1996 
arrange for the transfer of all plan assets and liabilities relating 
to accrued pension benefits of such plan's participants and bene-
ficiaries 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 bargain-
ing 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 diffu-
sion 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 contractor's collec-
tive 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 operat-
ing 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 Corporation's 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 Corporation's operat-
ing contractor on or before the privatization date and are vested 
participants in a pension plan maintained either by the Cor-
poration's operating contractor or by a contractor employed 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-342 
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 
emplojonent with an operating contractor on or after July 1, 1993, 
in proportion to the retired person's 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 sub-
section, 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 employee's coverage under either CSRS 
or FERS, as applicable, in lieu of coverage by the Corporation's 
retirement system, or 
(ii) to receive a deferred annuity or lump-sum benefit pay-
able 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 employee's 
Thrift Savings Plan account to a defined contribution plan under 
the Corporation's retirement system, consistent with applicable law 
and the terms of the Corporation's 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 para-
graph (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 "nor-
mal cost" (determined using dynamic assumptions) of retire-
ment 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 deter-
110 STAT. 1321-343 
PUBLIC LAW 104-134—APR. 26, 1996 
mined 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 FEES, for their survivors, and for survi-
vors of employees of the Corporation who die after the privatiza-
tion 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 Corporation's 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. 
42 use 2297h-9. 
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 under-
standing entered into before the privatization date, or 
(3) before the election of the directors of the private 
corporation. 
(b) OWNERSHIP LIMITATION.—Immediately following the con-
summation of the transaction or series of transactions pursuant 
to which 100 percent of the ownership of the Corporation is trans-
ferred to private investors, and for a period of three years thereafter, 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-344 
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. 
42 USC 2297h-
(a) TRANSFERS AND SALES BY THE SECRETARY.—The Secretary 
shall not provide enrichment services or transfer or sell any ura-
nium (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 compo-
nent 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^ss. 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 UaOg 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 agree-
ment 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^^s. 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, 
110 STAT. 1321-345 
PUBLIC LAW 104-134—APR. 26, 1996 
with such deHvery to take place at a North American faciHty des-
ignated by the Russian Executive Agent. Uranium hexafluoride 
deHvered to the Russian Executive Agent pursuant to this para-
graph 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 UsOg (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 Execu-
tive 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 administra-
tive costs. The quantity of such uranium hexafluoride auctioned 
shall be based on a tails assay of 0.30 U^^s. 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 para-
graph 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 para-
graph (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. V:,Og 
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 
t
h
e
r
e
a
f
t
e
r 
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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-346 
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 limita-
tions set forth in this section. 
(10) The President shall monitor the actions of the United President. 
States Executive Agent under the Russian HEU Agreement and Reports, 
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 min-
ing, 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 Energy's stockpile, subject to the restric-
tions 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 sub-
section 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 author-
ized 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 Energy's 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 nee- President. 
essary for national security needs. 
110 STAT. 1321-347 
PUBLIC LAW 104-134—APR. 26, 1996 
(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 deter-
mined 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. 
42 use 2297h- 
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 Commis-
sion 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 Sec-
retary's 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 Secretary's 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 radio-
active waste (including mixed waste) attributable to the operation, 
decontamination, and decommissioning of any uranium enrichment 
facility. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-348 
SEC. 3114. AVLIS. 
42 USC 2297h-
12 
(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 con-
trolled 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 Corpora- President, 
tion and subject to the requirements of the Atomic Energy 
Act of 1954 (42 U.S.C. 2011, et seq.), the President shall trans-
fer 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 Corporation's 
purposes regarding AVLIS and alternative technologies for ura-
nium enrichment, including— 
(A) facilities, 
equipment, 
and 
materials 
for 
research, development, and demonstration activities; 
and 
(B) all other facilities, equipment, materials, proc-
esses, patents, technical information of any kind, con-
tracts, 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 trans-
fer under paragraph (1)(B). 
(3) EXPIRATION OF TRANSFER AUTHORITY.—^The President's 
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 pajonents to the Secretary to offset any 
payments, awards, settlements, or judgments under this subsection. 
SEC. 3115. APPLICATION OF CERTAIN LAWS. 
42 USC 2297h-
13 
(a) OSHA.—(1) As of the privatization date, the private corpora-
tion 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 Contracts. 
Safety and Health Administration shall, within 90 days after the 
date of enactment of this Act, enter into a memorandum of agree-
ment 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 L^SLWS.—For purposes of the antitrust laws, the 
performance by the private corporation of a "matched import" con-
tract under the Suspension Agreement shall be considered to have 
occurred prior to the privatization date, if at the time of privatiza-
tion, such contract had been agreed to by the parties in all material 
terms and confirmed by the Secretary of Commerce under the 
Suspension Agreement. 
110 STAT. 1321-349 
PUBLIC LAW 104-134—APR. 26, 1996 
(c) ENERGY REORGANIZATION ACT REQUIREMENTS.—(1) The pri-
vate 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 llv. 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 succes-
sor 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 compli-
ance 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. 2297flc)(2)) is amended to read as follows: 
"(2) PERIODIC APPLICATION FOR CERTIFICATE OF COMPLI-
ANCE.—^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-l(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: 
i'sV*-
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-350 
"(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 Energy's gaseous diffusion ura-
nium 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 Commission's 
standards governing the gaseous diffusion plants and all 
applicable laws.". 
(d) CIVIL PENALTIES.—Section 234 a. 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 insert-
ing: "any license or certification issued thereunder". 
(e) 
REFERENCES 
TO THE CORPORATION.—Following 
the 42 use 2297 
privatization date, all references in the Atomic Energy Act of 1954 note. 
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(l)) is amended by 
inserting "or its successor" before the period. 
SUBCHAPTER B 
SEC. 3201. BONNEVILLE POWER ADMINISTRATION REFINANCING. 
16 USC 838Z. 
(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 
110 STAT. 1321-351 
PUBLIC LAW 104-134—APR. 26, 1996 
Administrator under section 13 of the Federal Colum-
bia River Transmission System Act (16 U.S.C. 838k); 
(3) "new capital investment" means a capital invest-
ment 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 Administrator's 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 consider-
ation 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 consider-
ation 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 matu-
rity comparable to the period between the beginning 
of the fiscal year and the repayment date for the new 
capital investment. 
(b) NEW PRINCIPAL AMOUNTS.— 
Effective date. 
(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 invest-
ment; 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 sub-
section, "old payment amounts" means, for an old capital invest-
ment, the annual interest and principal that the Administrator 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-352 
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 invest-
ment 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 com-
parable 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 repa3anent 
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 invest-
ments, as established under subsection (b), that the Adminis-
trator 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 
110 STAT. 1321-353 
PUBLIC LAW 104-134—APR. 26, 1996 
(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, facil-
ity, 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 ADMINISTRATOR'S 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 ADMINISTRATOR'S 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 Administra-
tor's 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 estab-
lished 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 pa5rment of principal of an old capital invest-
ment 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-354 
(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 sub-
section (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 
Administrator's 
authority 
under 
applicable law, including section 7(g) of the Pacific North-
west 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 prin-
cipal, only from the "Administrator's net proceeds," as defined 
in section 13 of the Federal Columbia River Transmission Sys-
tem 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 repay-
ment 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. 
110 STAT. 1321-355 
PUBLIC LAW 104-134—APR. 26, 1996 
CHAPTER 3 
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
DEPARTMENT OF ENERGY 
STRATEGIC PETROLEUM RESERVE 
Notwithstanding section 161 of the Energy PoUcy and Conserva-
tion 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 State's limitation for fiscal year 1996 that 
are not necessary to pay such State's allowable claims for such 
fiscal year. 
Section 403(k)(3)(F) of the Social Security Act (as amended 
42 use 603. 
by Public Law 100-485) is amended by adding: "reduced by an 
amount equal to the total of those funds that are within each 
State's limitation for fiscal year 1996 that are not necessary to 
pay such State's 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; 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-356 
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 reduc-
tion 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 reduc-
tion 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 reduc-
tion shall be applied proportionally to each budget activity, activity 
group and subactivity group and each program, project, and activity 
within this appropriation account. 
110 STAT. 1321-357 
PUBLIC LAW 104-134—APR. 26, 1996 
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 reduc-
tion 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 reduc-
tion may be taken against the funds made available to the Depart-
ment of Defense for Ballistic Missile Defense. 
CHAPTER? 
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 T R A F F I C SAFETY GRANTS 
(HIGHWAY TRUST FUND) 
(RESCISSION OF CONTRACT AUTHORIZATION) 
Of the available contract authority balances under this account, 
$56,000,000 are rescinded. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-358 
CHAPTERS 
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 pay-
ments 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 Improve-
ment 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 activi-
ties by requiring proper screening of potential borrowers, 
aggressive monitoring^ of all accounts, and sharing of informa-
tion within and among Federal agencies. 
(4) To ensure that the public is fully informed of the Federal 
Grovernment's debt collection policies and that debtors are cog-
Debt Collection 
Improvement Act 
of 1996. 
31 u s e 3701 
note. 
Effective date. 
31 u s e 3322 
note. 
Applicability. 
31 u s e 3716 
note. 
31 u s e 3701 
note. 
110 STAT. 1321-359 
PUBLIC LAW 104-134—APR. 26, 1996 
nizant 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 delin-
quent 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 Treas-
ury; 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 Depart-
ment 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 certify-
ing 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 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-360 
arising out of its operations to the Secretary of the Treasury before 
such agency's 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 pay-
ment before the administrative offset was taken, was not satis-
fied; 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 deduc-
tion 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 adminis-
trative 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 agency's program. The Secretary shall report to the Con- Reports, 
gress 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 
110 STAT. 1321-361 
PUBLIC LAW 104-134—APR. 26, 1996 
Rules, 
regulations, and 
procedures. 
Notification. 
Notification. 
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 refer-
ring or transferring a claim for those amounts. Fees charged to 
the agencies shall be based on actual administrative offsets com-
pleted. 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, regula-
tions, and procedures. 
"(6) Any Federal agency that is owed by a person a past 
due, legally enforceable nontax debt that is over 180 days delin-
quent, 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 administra-
tive 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 pajonent 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 pajonent, or as soon as practical thereafter, 
but no later than the date of the administrative offset. Notwith-
standing 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 pursu-
ant 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: 
PUBLIC LA.W 104-134—APR. 26, 1996 
110 STAT. 1321-362 
"(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 Treas-
ury 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 adminis-
trative 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 
110 STAT. 1321-363 
PUBLIC LAW 104-134—APR. 26, 1996 
"(C) the disbursement of any class or type of pajonent 
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 sec-
tion 3720A of this title and" after "Except as provided in"; 
(B) in section 3325(a)(3), by inserting "or pursuant to pay-
ment 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(1)(10) of the Internal Revenue Code of 1986 (26 U.S.C. 
6103(1)(10)) is amended by inserting "and to officers and employees 
of the Department of the Treasury in connection with such reduc-
tion" 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 repajonent of those debts. 
The preceding sentence shall not apply to any debt under 
Records. 
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 cen-
tralized salary offset computer matching, and promulgate 
regulations for this program. Agencies that perform central-
ized 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 para-
graphs (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 adjust-
ment 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 agen-
cies, the United States Postal Service, the Postal Rate 
Commission, the United States Senate, the United States 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-364 
House of Representatives, and any court, court administra-
tive office, or instrumentality in the judicial or legislative 
branches of the Government, and government corpora-
tions."; 
(B) by adding after subsection (c) the following new sub-
section: 
"(d) A levy pursuant to the Internal Revenue Code of 1986 
shall take precedence over other deductions under this section.". 
(i)(l) IN GENERAL.—Section 7701 of title 31, United States 
Code, is amended by adding at the end the following new sub-
sections: 
"(c)(1) The head of each Federal agency shall require each 
person doing business with that agency to furnish to that agency 
such person's 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 person's 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 result-
ing 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 num-
bers 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 reason-
able fees sufficient to pay the costs associated with that release.". 
(2) INCLUDED FEDERAL LOAN PROGRAM DEFINED.—Subpara-
graph (C) of section 6103(1)(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: 
110 STAT. 1321-365 
PUBLIC LAW 104-134—APR. 26, 1996 
"(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)(l) IN GENERAL.—^Title 31, United States Code, is amended 
by inserting after section 3720A the following new section: 
*
*
§ 3720B. Barring delinquent Federal debtors from obtaining 
Federal loans or loan insurance guarantees 
Standards. 
"(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 accord-
ance 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 in-
surance 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 informa-
tion from a system of records that a person is responsible for 
a claim which is current, if notice required by section 552a(e)(4) 
PUBLIC I^^W 104-134—APR. 26, 1996 
110 STAT. 1321-366 
of title 5 indicates that information in the system may be disclosed 
to a consumer reporting agency or commercial reporting agency, 
respectively.". 
(1) 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 execu-
tive, 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)(l) IN GENERAL.—Section 3711 of title 31, United States 
Code, is amended by adding at the end the following new sub-
sections: 
"(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 iafter 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 Sec-
retary 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 deter-
mined 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 perform-
ance in collecting delinquent claims owed to the Government. 
29-194 O - 96 - 17 : QL 3 Part 2 
110 STAT. 1321-367 
PUBLIC LAW 104-134—APR. 26, 1996 
"(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 suspen-
sion or termination of collection action; 
"(B) a private collection contractor operating under a con-
tract 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 depart-
ment 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 charge-
able to the Account include— 
"(A) the costs of computer hardware and software, word 
processing and telecommunications equipment, and other equip-
ment, 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 Treas-
ury, including services and utilities provided by the Secretary, 
and administration of the Account. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-368 
"(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 nec-
essary 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 execu-
tive, 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 proce-
dures 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 
B
Y CERTAIN ENTITIES.— 
(A) IN GENERA!..—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 insert-
ing "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 para-
graphs (2) and (3), respectively, and inserting before para-
graph (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 
110 STAT. 1321-369 
PUBLIC LAW 104-134—APR. 26, 1996 
EfTective date. 
31 use 3711 
note. 
Notification. 
(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 INDEBT-
EDNESS 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)(l) 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: 
''§ 3720D. Garnishment 
"(a) Notwithstanding any provision of State law, the head of 
an executive, judicial, or legislative agency that administers a pro-
gram 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 individuEil. 
"(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 individusd's 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 £ind amount of the debt to be collected; 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-370 
"(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 Records, 
inspect and copy records relating to the debt. 
"(4) The individual shall be provided an opportunity to Contracts. 
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 determina-
tion 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 emplojnment, 
no amount may be deducted from the disposable pay of the 
individual until the individual has been reemployed continu-
ously 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 sub-
section (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 garnish-
ment 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 individual's wages have been subject to garnish-
ment 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 Courts, 
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 
110 STAT. 1321-371 
PUBLIC LAW 104-134—APR. 26, 1996 
Regulations. 
Reports. 
"(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 attor-
neys' fees, costs, and, in the court's discretion, punitive dam-
ages. 
"(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)(l) 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 execu-
tive, 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 Govern-
ment 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. 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-372 
notes and guarantees, and other collateralized debts based on stand-
ards 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 Grovemment if such debts were sold. 
"(iii) The cumulative balance of guaranteed loans outstand-
ing, 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 Grovemment if such loan guaran-
tees 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 por-
tion 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)(l) The head of an executive, judicial, or legislative agency 
may increase an administrative claim by the cost of living adjust-
ment 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 percent-
age 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)(l) 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: 
110 STAT. 1321-373 
PUBLIC LAW 104-134—APR. 26, 1996 
Regulations. 
Regulations. 
Federal Register, 
publication. 
28 use 2461 
note. 
^§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 delin-
quent 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 dissemina-
tion 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 sub-
section (o) of this section) the following new item: 
"3720E. Dissemination of information regarding identity of delinquent debtors.". 
(s)(l) 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 pro-
vided by law within the jurisdiction of the Federal agency, 
except for any penalty (including any addition to tax and addi-
tional 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 INITLAL 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)(l) 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: 
PUBLIC Li\W 104-134—APR. 26, 1996 
110 STAT. 1321-374 
"§ 3720C. Debt Collection Improvement Account 
"(a)(1) There is hereby estabUshed in the Treasury a special Nomenclature, 
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 Treasu:ry, 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 receiv-
ables 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 sec-
tion 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 
110 STAT. 3009-375 
PUBLIC LAW 104-208—SEPT. 30, 1996 
"(b) Subject to section 8435 of this title, any employee or Mem-
ber who separates from Government employment is entitled and 
may elect to withdraw from the Thrift Savings Fund the balance 
of the employee's or Member's account as— 
"(1) an annuity; 
"(2) a single payment; 
"(3) 2 or more substantially equal payments to be made 
not less frequently than annually; or 
"(4) any combination of payments as provided under para-
graphs (1) through (3) as the Executive Director may prescribe 
by regulation. 
"(c)(1) In addition to the right provided under subsection (b) 
to withdraw the balance of the account, an employee or Member 
who separates from Government service and who has not made 
a withdrawal under subsection (h)(1)(A) may make one withdrawal 
of any amount as a single payment in accordance with subsection 
(b)(2) from the employee's or Member's account. 
"(2) An employee or Member may request that the amount 
withdrawn from the Thrift Savings Fund in accordance with sub-
section (b)(2) be transferred to an eligible retirement plan. 
"(3) The Executive Director shall make each transfer elected 
under paragraph (2) directly to an eligible retirement plan or plans 
(as defined in section 402(c)(8) of the Internal Revenue Code of 
1986) identified by the employee. Member, former employee, or 
former Member for whom the transfer is made. 
"(4) A transfer may not be made for an employee, Member, 
former employee, or former Member under paragraph (2) until 
the Executive Director receives from that individual the information 
required by the Executive Director specifically to identify the eligible 
retirement plan or plans to which the transfer is to be made."; 
(2) in subsection (d)— 
(A) in paragraph (1) by striking out "Subject to para-
graph (3)(A)" and inserting in lieu thereof "Subject to para-
graph (3)"; 
(B) by striking out paragraph (2) and redesignating 
peiragraph (3) as paragraph (2); and 
(C) in paragraph (2) (as redesignated under subpara-
graph (B) of this paragraph)— 
(i) in subparagraph (A) by striking out "(A)"; and 
(ii) by striking out subparagraph (B); 
(3) in subsection (f)(1)— 
(A) by striking out "$3,500 or less" and inserting in 
lieu thereof "less than an amount that the Executive Direc-
tor prescribes by regulation"; and 
(B) by striking out "unless the employee or Member 
elects, at such time and otherwise in such manner as 
the Executive Director prescribes, one of the options avail-
able under subsection (b), or" and inserting a comma; 
(4) in subsection (f)(2)— 
(A) by striking out "February 1" and inserting in lieu 
thereof "April 1"; 
(B) in subparagraph (A)— 
(i) by striking out "65" and inserting in lieu thereof 
"70^2"; and 
(ii) by inserting "or" after the semicolon; 
(C) by striking out subparagraph (B); and 
PUBLIC L.\W 104-134—APR. 26, 1996 
110 STAT. 1321-376 
"(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 
Notification. 
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 pajonent records with requests for offset Records, 
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)(l) AMENDMENTS RELATING TO ELECTRONIC FUNDS TRANS-
FER.—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 sec-
tion, 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 t3^e of pa5anent after 90 days after the date of the enact-
ment 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 Sec-
retary. 
"(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 pa3ntnents shall be made; and 
"(2) provide to the Federal agency that makes or authorizes 
the payments information necessary for the recipient to receive 
110 STAT. 1321-377 
PUBLIC LAW 104-134—APR. 26, 1996 
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 individ-
uals 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 elec-
tronic 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, trans-
fers 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 insert-
ing "subsection (c) or (f)"; 
(B) by redesignating subsection (f) as subsection (g); and 
(C) by inserting Eifter 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 appro-
priated 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; 
PUBLIC L^\W 104-134—APR. 26, 1996 
110 STAT. 1321-378 
(ii) in paragraph (2), by inserting "and" after the semi-
colon; 
(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 identifjdng 
number of each person to whom payment may be made under 
the voucher.". 
(z)(l) 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 pay-
able 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 terai '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 Govern-
ment 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 admin-
istering the program, 
"(D) any amount the United States is authorized by statute 
to collect for the benefit of any person. 
110 STAT. 1321-379 
PUBLIC LAW 104-134—APR. 26, 1996 
"(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 
Grovernment. 
"(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 sub-
section: 
"(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 disburse-
ment. 
"(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 Commis-
sioner 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 
31 use 3701 
Law 103-387) is amended by striking "and before" and all 
note. 
that follows and inserting a period. 
31 use 3711 
(aa)(l) GUIDELINES.—^The Secretary of the Treasury, in con-
note, 
sultation with concerned Federal agencies, may establish guidelines, 
including information on outstanding debt, to assist agencies in 
the performance and monitoring of debt collection activities. 
31 use 3711 
(2) REPORT.—Not later than 3 years after the date of enactment 
note. 
of this Act, the Secretary of the Treasury shall report to the Con-
gress on collection services provided by Federal agencies or entities 
collecting debt on behalf of other Federal agencies under the 
PUBLIC LAW 104-134—APR. 26, 1996 
110 STAT. 1321-380 
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: Regulations. 
"In consultation with the Comptroller Greneral of the United 
States, the Secretary of the Treasury shall prescribe regula-
tions 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 insert-
ing "Secretary"; and 
(B) in subsection (b), by striking "Director" and inserting 
"Secretary". 
(4) CONSOLIDATION OF REPORTS.—Notwithstanding any other 3i use 3719 
provision of law, the Secretary of the Treasury may consolidate °ote. 
reports concerning debt collection otherwise required to be submit-
ted by the Secretary into one annual report. 
(bb) The Director of the Office of Management and Budget 31USC3711 
shall— 
note. 
(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. 
(ccXD 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. 
31USC 3718 
notes. 
FEDERAL ADMINISTRATIVE AND PERSONAL SERVICES 
EXPENSES 
( R E C I S S I O N S ) 
SEC. 31002. (a) Of the funds available to the agencies of the 
Federal Grovemment, $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 
110 STAT. 1321-381 
PUBLIC LAW 104-134—APR. 26, 1996 
agency, department, and office in the Executive Branch, including 
the Office of the President. 
Records. 
(b) Within 30 days of enactment of this Act, the Director of 
the Office of Management and Budget shall submit to the Commit-
tees on Appropriations of the House and Senate a listing of the 
amounts by account of the reductions made pursuant to the provi-
sions of subsections (a) and (b) of this section. 
This Act may be cited as the "Omnibus Consolidated Rescissions 
and Appropriations Act of 1996". 
Approved April 26, 1996. 
LEGISLATIVE HISTORY—H.R. 3019 (S. 1594): 
HOUSE REPORTS: No. 104-537 (Comm. of Conference). 
SENATE REPORTS: No. 104-236 accompanying S. 1594 (Comm. on Appropria-
tions). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Mar. 7, considered and passed House. 
Mar. 11-15, 18, 19, considered and passed Senate, amended. 
Apr. 25, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Apr. 26, Presidential statement.