[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2076 Enrolled Bill (ENR)]
H.R.2076
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 1996, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1996, and for
other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $74,282,000; including not to exceed $3,317,000 for the
Facilities Program 2000, and including $5,000,000 for management and
oversight of Immigration and Naturalization Service activities, both
sums to remain available until expended: Provided, That not to exceed
45 permanent positions and 51 full-time equivalent workyears and
$7,477,000 shall be expended for the Department Leadership Program only
for the Offices of the Attorney General and the Deputy Attorney
General, exclusive of augmentation that occurred in these offices in
fiscal year 1995: Provided further, That not to exceed 76 permanent
positions and 90 full-time equivalent workyears and $9,487,000 shall be
expended for the Executive Support program for the Offices of
Legislative Affairs, Public Affairs and Policy Development: Provided
further, That the latter three aforementioned offices shall not be
augmented by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis.
counterterrorism fund
For necessary expenses, as determined by the Attorney General,
$16,898,000, to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility
which has been damaged or destroyed as a result of the bombing of the
Alfred P. Murrah Federal Building in Oklahoma City or any domestic or
international terrorist incident, (2) the costs of providing support to
counter, investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these activities, and
(3) the costs of conducting a terrorism threat assessment of Federal
agencies and their facilities: Provided, That funds provided under this
section shall be available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities, $38,886,000:
Provided, That the obligated and unobligated balances of funds
previously appropriated to the General Administration, Salaries and
Expenses appropriation for the Executive Office for Immigration Review
and the Office of the Pardon Attorney shall be merged with this
appropriation.
violent crime reduction programs, administrative review and appeals
For activities authorized by sections 130005 and 130007 of Public
Law 103-322, $47,780,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund: Provided,
That the obligated and unobligated balances of funds previously
appropriated to the General Administration, Salaries and Expenses
appropriation under title VIII of Public Law 103-317 for the Executive
Office for Immigration Review shall be merged with this appropriation.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $28,960,000; including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; and for the acquisition, lease,
maintenance and operation of motor vehicles without regard to the
general purchase price limitation.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $5,446,000.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia; $401,929,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the funds available in this appropriation, not to
exceed $22,618,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the United
States National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That notwithstanding 31
U.S.C. 1342, the Attorney General may accept on behalf of the United
States and credit to this appropriation, gifts of money, personal
property and services, for the purpose of hosting the International
Criminal Police Organization's (INTERPOL) American Regional Conference
in the United States during fiscal year 1996.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund, as
authorized by section 6601 of the Omnibus Budget Reconciliation Act,
1989, as amended by Public Law 101-512 (104 Stat. 1289).
In addition, for Salaries and Expenses, General Legal Activities,
$12,000,000 shall be made available to be derived by transfer from
unobligated balances of the Working Capital Fund in the Department of
Justice.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum applicants, as
authorized by section 130005 of Public Law 103-322, $7,591,000, to
remain available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindered laws, $65,783,000: Provided, That notwithstanding any other
provision of law, not to exceed $48,262,000 of offsetting collections
derived from fees collected for premeger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a))
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the General Fund shall
be reduced as such offsetting collections are received during fiscal
year 1996, so as to result in a final fiscal year 1996 appropriation
from the General Fund estimated at not more than $17,521,000: Provided
further, That any fees received in excess of $48,262,000 in fiscal year
1996, shall remain available until expended, but shall not be available
for obligation until October 1, 1996.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental agreements, $895,509,000, of
which not to exceed $2,500,000 shall be available until September 30,
1997 for the purposes of (1) providing training of personnel of the
Department of Justice in debt collection, (2) providing services to the
Department of Justice related to locating debtors and their property,
such as title searches, debtor skiptracing, asset searches, credit
reports and other investigations, (3) paying the costs of the
Department of Justice for the sale of property not covered by the sale
proceeds, such as auctioneers' fees and expenses, maintenance and
protection of property and businesses, advertising and title search and
surveying costs, and (4) paying the costs of processing and tracking
debts owed to the United States Government: Provided, That of the total
amount appropriated, not to exceed $8,000 shall be available for
official reception and representation expenses: Provided further, That
not to exceed $10,000,000 of those funds available for automated
litigation support contracts and $4,000,000 for security equipment
shall remain available until expended: Provided further, That in
addition to reimbursable full-time equivalent workyears available to
the Office of the United States Attorneys, not to exceed 8,595
positions and 8,862 full-time equivalent workyears shall be supported
from the funds appropriated in this Act for the United States
Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 190001(d), 40114 and 130005
of Public Law 103-322, $30,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust Fund, of
which $20,269,000 shall be available to help meet increased demands for
litigation and related activities, $500,000 to implement a program to
appoint additional Federal 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 available
until expended, for activities authorized by section 115 of the
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy
Act of 1986 (Public Law 99-554), which shall be derived from the United
States Trustee System Fund: Provided, That deposits to the Fund are
available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, not to exceed $44,191,000 of offsetting collections derived
from fees collected pursuant to section 589a(f) of title 28, United
States Code, as amended, shall be retained and used for necessary
expenses in this appropriation: Provided further, That the $102,390,000
herein appropriated from the United States Trustee System Fund shall be
reduced as such offsetting collections are received during fiscal year
1996, so as to result in a final fiscal year 1996 appropriation from
such Fund estimated at not more than $58,199,000: Provided further,
That any of the aforementioned fees collected in excess of $44,191,000
in fiscal year 1996 shall remain available until expended, but shall
not be available for obligation until October 1, 1996.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $830,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles and aircraft, and the purchase of passenger motor vehicles for
police-type use without regard to the general purchase price limitation
for the current fiscal year; $423,248,000, as authorized by 28 U.S.C.
561(i), of which not to exceed $6,000 shall be available for official
reception and representation expenses.
violent crime reduction programs, united states marshals service
For activities authorized by section 190001(b) of Public Law 103-
322, $25,000,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund.
federal prisoner detention
(including transfer of funds)
For expenses related to United States prisoners in the custody of
the United States Marshals Service as authorized in 18 U.S.C. 4013, but
not including expenses otherwise provided for in appropriations
available to the Attorney General; $252,820,000, as authorized by 28
U.S.C. 561(i), to remain available until expended.
In addition, for Federal Prisoner Detention, $9,000,000 shall be
made available until expended to be derived by transfer from
unobligated balances of the Working Capital Fund in the Department of
Justice.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses,
for expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $85,000,000, to
remain available until expended; of which not to exceed $4,750,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings and the purchase of equipment
incident thereto for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses; and of which not to exceed $4,000,000 may be made available
for the purchase, installation and maintenance of a secure automated
information network to store and retrieve the identities and locations
of protected witnesses.
salaries and expenses, Community Relations Service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $5,319,000.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C),
(F), and (G), as amended, $30,000,000 to be derived from the Department
of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,655,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust Fund,
$16,264,000, to become available on October 1, 1996.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements
with State and local law enforcement agencies engaged in the
investigation and prosecution of individuals involved in organized
crime drug trafficking, $359,843,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining available at
the end of the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding fiscal
years, subject to the reprogramming procedures described in section 605
of this Act.
Federal Bureau of Investigation
salaries and expenses
(including transfer of funds)
For expenses necessary for detection, investigation, and
prosecution of crimes against the United States; including purchase for
police-type use of not to exceed 1,815 passenger motor vehicles of
which 1,300 will be for replacement only, without regard to the general
purchase price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and operation
of aircraft; and not to exceed $70,000 to meet unforeseen emergencies
of a confidential character, to be expended under the direction of, and
to be accounted for solely under the certificate of, the Attorney
General; $2,189,183,000, of which not to exceed $50,000,000 for
automated data processing and telecommunications and technical
investigative equipment and $1,000,000 for undercover operations shall
remain available until September 30, 1997; of which not less than
$102,345,000 shall be for counterterrorism investigations, foreign
counterintelligence, and other activities related to our national
security; of which not to exceed $98,400,000 shall remain available
until expended; of which not to exceed $10,000,000 is authorized to be
made available for making payments or advances for expenses arising out
of contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related to
violent crime, terrorism, organized crime, and drug investigations; and
of which $1,500,000 shall be available to maintain an independent
program office dedicated solely to the relocation of the Criminal
Justice Information Services Division and the automation of fingerprint
identification services: Provided, That not to exceed $45,000 shall be
available for official reception and representation expenses: Provided
further, That $58,000,000 shall be made available for NCIC 2000, of
which not less than $35,000,000 shall be derived from ADP and
Telecommunications unobligated balances, and of which $22,000,000 shall
be derived by transfer and available until expended from unobligated
balances in the Working Capital Fund of the Department of Justice.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by Public Law 103-322, $218,300,000, to
remain available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund, of which $208,800,000 shall be for
activities authorized by section 190001(c); $4,000,000 for Training and
Investigative Assistance authorized by section 210501(c)(2); and
$5,500,000 for establishing DNA quality assurance and proficiency
testing standards, establishing an index to facilitate law enforcement
exchange of DNA identification information, and related activities
authorized by section 210306.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $97,589,000, to remain
available until expended.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to
be accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,208 passenger motor vehicles, of
which 1,178 will be for replacement only, for police-type use without
regard to the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of aircraft;
$745,668,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account for
operating expenses shall remain available until expended, and of which
not to exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $4,000,000 for contracting for ADP and
telecommunications equipment, and not to exceed $2,000,000 for
technical and laboratory equipment shall remain available until
September 30, 1997, and of which not to exceed $50,000 shall be
available for official reception and representation expenses.
violent crime reduction programs
For activities authorized by sections 180104 and 190001(b) of
Public Law 103-322, $60,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust Fund.
Immigration and Naturalization Service
salaries and expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including not to exceed $50,000
to meet unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for solely under
the certificate of, the Attorney General; purchase for police-type use
(not to exceed 813 of which 177 are for replacement only) without
regard to the general purchase price limitation for the current fiscal
year, and hire of passenger motor vehicles; acquisition, lease,
maintenance and operation of aircraft; and research related to
immigration enforcement; $1,394,825,000; of which $506,800,000 is
available for the Border Patrol, of which $12,100,000 shall remain
available until September 30, 1997; of which not to exceed $400,000 for
research shall remain available until expended; and of which not to
exceed $10,000,000 shall be available for costs associated with the
training program for basic officer training: Provided, That none of the
funds available to the Immigration and Naturalization Service shall be
available for administrative expenses to pay any employee overtime pay
in an amount in excess of $25,000 during the calendar year beginning
January 1, 1996: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the current
fiscal year: Provided further, That not to exceed $5,000 shall be
available for official reception and representation expenses: Provided
further, That the Attorney General may transfer to the Department of
Labor and the Social Security Administration not to exceed $10,000,000
for programs to verify the immigration status of persons seeking
employment in the United States: Provided further, That none of the
funds provided in this or any other Act shall be used for the continued
operation of the San Clemente and Temecula checkpoints unless: (1) the
checkpoints are open and traffic is being checked on a continuous 24-
hour basis and (2) the Immigration and Naturalization Service
undertakes a commuter lane facilitation pilot program at the San
Clemente checkpoint within 90 days of enactment of this Act: Provided
further, That the Immigration and Naturalization Service shall
undertake the renovation and improvement of the San Clemente
checkpoint, to include the addition of two to four lanes, and which
shall be exempt from Federal procurement regulations for contract
formation, from within existing balances in the Immigration and
Naturalization Service Construction account: Provided further, That if
renovation of the San Clemente checkpoint is not completed by July 1,
1996, the San Clemente checkpoint will close until such time as the
renovations and improvements are completed unless funds for the
continued operation of the checkpoint are provided and made available
for obligation and expenditure in accordance with procedures set forth
in section 605 of this Act, as the result of certification by the
Attorney General that exigent circumstances require the checkpoint to
be open and delays in completion of the renovations are not the result
of any actions that are or have been in the control of the Department
of Justice: Provided further, That the Office of Public Affairs at the
Immigration and Naturalization Service shall conduct its business in
areas only relating to its central mission, including: research,
analysis, and dissemination of information, through the media and other
communications outlets, relating to the activities of the Immigration
and Naturalization Service: Provided further, That the Office of
Congressional Relations at the Immigration and Naturalization Service
shall conduct business in areas only relating to its central mission,
including: providing services to Members of Congress relating to
constituent inquiries and requests for information; and working with
the relevant congressional committees on proposed legislation affecting
immigration matters: Provided further, That in addition to amounts
otherwise made available in this title to the Attorney General, the
Attorney General is authorized to accept and utilize, on behalf of the
United States, the $100,000 Innovation in American Government Award for
1995 from the Ford Foundation for the Immigration and Naturalization
Service's Operation Jobs program.
violent crime Reduction programs
For activities authorized by sections 130005, 130006, and 130007 of
Public Law 103-322, $316,198,000, to remain available until expended,
which will be derived from the Violent Crime Reduction Trust Fund, of
which $44,089,000 shall be for expeditious deportation of denied asylum
applicants, $231,570,000 for improving border controls, and $40,539,000
for expanded special deportation proceedings: Provided, That of the
amounts made available, $78,000,000 shall be for the Border Patrol.
construction
For planning, construction, renovation, equipping and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $25,000,000, to remain
available until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 853, of which 559 are for replacement only) and
hire of law enforcement and passenger motor vehicles; and for the
provision of technical assistance and advice on corrections related
issues to foreign governments; $2,567,578,000: Provided, That there may
be transferred to the Health Resources and Services Administration such
amounts as may be necessary, in the discretion of the Attorney General,
for direct expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions: Provided
further, That the Director of the Federal Prison System (FPS), where
necessary, may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the FPS, furnish health services to
individuals committed to the custody of the FPS: Provided further, That
uniforms may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That not to
exceed $6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$50,000,000 for the activation of new facilities shall remain available
until September 30, 1997: Provided further, That of the amounts
provided for Contract Confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance for grants,
contracts and reimbursable agreements and other expenses authorized by
section 501(c) of the Refugee Education Assistance Act of 1980 for the
care and security in the United States of Cuban and Haitian entrants:
Provided further, That no funds appropriated in this Act shall be used
to privatize any Federal prison facilities located in Forrest City,
Arkansas, and Yazoo City, Mississippi.
violent crime reduction programs
For substance abuse treatment in Federal prisons as authorized by
section 32001(e) of Public Law 103-322, $13,500,000, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account;
$334,728,000, to remain available until expended, of which not to
exceed $14,074,000 shall be available to construct areas for inmate
work programs: Provided, That labor of United States prisoners may be
used for work performed under this appropriation: Provided further,
That not to exceed 10 percent of the funds appropriated to ``Buildings
and Facilities'' in this Act or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System upon notification by
the Attorney General to the Committees on Appropriations of the House
of Representatives and the Senate in compliance with provisions set
forth in section 605 of this Act: Provided further, That of the total
amount appropriated, not to exceed $22,351,000 shall be available for
the renovation and construction of United States Marshals Service
prisoner holding facilities.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase of (not to
exceed five for replacement only) and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
Not to exceed $3,559,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired
or produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other
property belonging to the corporation or in which it has an interest.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, and the Missing Children's Assistance Act, as
amended, including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended, $99,977,000, to
remain available until expended, as authorized by section 1001 of title
I of the Omnibus Crime Control and Safe Streets Act, as amended by
Public Law 102-534 (106 Stat. 3524).
violent crime reduction programs, justice assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to
and merged with the ``Justice Assistance'' account) authorized by the
Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-
322 (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968, as amended (``the 1968 Act''); and the Victims of Child Abuse
Act of 1990, as amended (``the 1990 Act''); $202,400,000, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund; of which $6,000,000 shall be for the Court
Appointed Special Advocate Program, as authorized by section 218 of the
1990 Act; $750,000 for Child Abuse Training Programs for Judicial
Personnel and Practitioners, as authorized by section 224 of the 1990
Act; $130,000,000 for Grants to Combat Violence Against Women to
States, units of local governments and Indian tribal governments, as
authorized by section 1001(a)(18) of the 1968 Act; $28,000,000 for
Grants to Encourage Arrest Policies to States, units of local
governments and Indian tribal governments, as authorized by section
1001(a)(19) of the 1968 Act; $7,000,000 for Rural Domestic Violence and
Child Abuse Enforcement Assistance Grants, as authorized by section
40295 of the 1994 Act; $1,000,000 for training programs to assist
probation and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the Violent Crime Control and Law
Enforcement Act of 1994; $50,000 for grants for televised testimony, as
authorized by section 1001(a)(7) of the Omnibus Crime Control and Safe
Streets Act of 1968; $200,000 for the study of State databases on the
incidence of sexual and domestic violence, as authorized by section
40292 of the Violent Crime Control and Law Enforcement Act of 1994;
$1,500,000 for national stalker and domestic violence reduction, as
authorized by section 40603 of the 1994 Act; $27,000,000 for grants for
residential substance abuse treatment for State prisoners authorized by
section 1001(a)(17) of the 1968 Act; and $900,000 for the Missing
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 assistance
authorized by part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, for State and Local Narcotics Control
and Justice Assistance Improvements, notwithstanding the provisions of
section 511 of said Act, $388,000,000, to remain available until
expended, as authorized by section 1001 of title I of said Act, as
amended by Public Law 102-534 (106 Stat. 3524), of which $60,000,000
shall be available to carry out the provisions of chapter A of subpart
2 of part E of title I of said Act, for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs: Provided, That balances of amounts appropriated prior to
fiscal year 1995 under the authorities of this account shall be
transferred to and merged with this account.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to
and merged with the ``Justice Assistance'' account) authorized by the
Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-
322 (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968, as amended (``the 1968 Act''); and the Victims of Child Abuse
Act of 1990, as amended (``the 1990 Act''); $3,005,200,000, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund; of which $1,903,000,000 shall be for Local Law
Enforcement Block Grants, pursuant to H.R. 728 as passed by the House
of Representatives on February 14, 1995 for the purposes set forth in
paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728
and for establishing crime prevention programs involving cooperation
between community residents and law enforcement personnel in order to
control, detect, or investigate crime or the prosecution of criminals:
Provided, That recipients are encouraged to use these funds to hire
additional law enforcement officers: Provided further, That funds may
also be used to defray the costs of indemnification insurance for law
enforcement officers: Provided further, That $10,000,000 of this amount
shall be available for educational expenses as set forth in section
200103 of the 1994 Act; $25,000,000 for grants to upgrade criminal
records, as authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the National
Child Protection Act of 1993; $147,000,000 as authorized by section
1001 of title I of the 1968 Act, which shall be available to carry out
the provisions of subpart 1, part E of title I of the 1968 Act,
notwithstanding section 511 of said Act, for the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs; $300,000,000 for
the State Criminal Alien Assistance Program, as authorized by section
242(j) of the Immigration and Nationality Act, as amended; $617,500,000
for Violent Offender Incarceration and Truth in Sentencing Incentive
Grants pursuant to subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (as amended by section 114 of this
Act), of which $200,000,000 shall be available for payments to States
for incarceration of criminal aliens, and of which $12,500,000 shall be
available for the Cooperative Agreement Program; $1,000,000 for grants
to States and units of local government for projects to improve DNA
analysis, as authorized by section 1001(a)(22) of the 1968 Act;
$9,000,000 for Improved Training and Technical Automation Grants, as
authorized by section 210501(c)(1) of the 1994 Act; $1,000,000 for Law
Enforcement Family Support Programs, as authorized by section
1001(a)(21) of the 1968 Act; $500,000 for Motor Vehicle Theft
Prevention Programs, as authorized by section 220002(h) of the 1994
Act; $1,000,000 for Gang Investigation Coordination and Information
Collection, as authorized by section 150006 of the 1994 Act; $200,000
for grants as authorized by section 32201(c)(3) of the 1994 Act:
Provided further, That funds made available in fiscal year 1996 under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, may be obligated for programs to
assist States in the litigation processing of death penalty Federal
habeas corpus petitions: Provided further, That any 1995 balances for
these programs shall be transferred to and merged with this
appropriation: Provided further, That if a unit of local government
uses any of the funds made available under this title to increase the
number of law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers who
perform nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $28,500,000, which shall be derived from
discretionary grants provided under the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs, to remain available until
expended for intergovernmental agreements, including grants,
cooperative agreements, and contracts, with State and local law
enforcement agencies engaged in the investigation and prosecution of
violent crimes and drug offenses in ``Weed and Seed'' designated
communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other Federal
agencies which shall be specified by the Attorney General to execute
the ``Weed and Seed'' program strategy: Provided, That funds designated
by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall
be managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel
in support of ``Weed and Seed'' program activities only after the
Attorney General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 605 of
this Act.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, including salaries and expenses in connection
therewith to be transferred to and merged with the appropriations for
Justice Assistance, $144,000,000, to remain available until expended,
as authorized by section 299 of part I of title II and section 506 of
title V of the Act, as amended by Public Law 102-586, of which: (1)
$100,000,000 shall be available for expenses authorized by parts A, B,
and C of title II of the Act; (2) $10,000,000 shall be available for
expenses authorized by sections 281 and 282 of part D of title II of
the Act for prevention and treatment programs relating to juvenile
gangs; (3) $10,000,000 shall be available for expenses authorized by
section 285 of part E of title II of the Act; (4) $4,000,000 shall be
available for expenses authorized by part G of title II of the Act for
juvenile mentoring programs; and (5) $20,000,000 shall be available for
expenses authorized by title V of the Act for incentive grants for
local delinquency prevention programs.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act of 1990,
as amended, $4,500,000, to remain available until expended, as
authorized by section 214B, of the Act: Provided, That balances of
amounts appropriated prior to fiscal year 1995 under the authorities of
this account shall be transferred to and merged with this account.
public safety officers benefits
For payments authorized by part L of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended, such
sums as are necessary, to remain available until expended, as
authorized by section 6093 of Public Law 100-690 (102 Stat. 4339-4340),
and, in addition, $2,134,000, to remain available until expended, for
payments as authorized by section 1201(b) of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $45,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses in accordance with
distributions, procedures, and regulations established by the Attorney
General.
Sec. 102. Subject to section 102(b) of the Department of Justice
and Related Agencies Appropriations Act, 1993, as amended by section
112 of this Act, authorities contained in Public Law 96-132, ``The
Department of Justice Appropriation Authorization Act, Fiscal Year
1980'', shall remain in effect until the termination date of this Act
or until the effective date of a Department of Justice Appropriation
Authorization Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 104. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not to exceed
$10,000,000 of the funds made available in this Act may be used to
establish and publicize a program under which publicly-advertised,
extraordinary rewards may be paid, which shall not be subject to
spending limitations contained in sections 3059 and 3072 of title 18,
United States Code: Provided, That any reward of $100,000 or more, up
to a maximum of $2,000,000, may not be made without the personal
approval of the President or the Attorney General and such approval may
not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction
Trust Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 108. For fiscal year 1996 and each fiscal year thereafter,
amounts in the Federal Prison System's Commissary Fund, Federal
Prisons, which are not currently needed for operations, shall be kept
on deposit or invested in obligations of, or guaranteed by, the United
States and all earnings on such investment shall be deposited in the
Commissary Fund.
Sec. 109. Section 524(c)(9) of title 28, United States Code, is
amended by adding subparagraph (E), as follows:
``(E) Subject to the notification procedures contained in section
605 of Public Law 103-121, and after satisfying the transfer
requirement in subparagraph (B) of this paragraph, any excess
unobligated balance remaining in the Fund on September 30, 1995 shall
be available to the Attorney General, without fiscal year limitation,
for any Federal law enforcement, litigative/prosecutive, and
correctional activities, or any other authorized purpose of the
Department of Justice. Any amounts provided pursuant to this
subparagraph may be used under authorities available to the
organization receiving the funds.''.
Sec. 110. Hereafter, notwithstanding any other provision of law--
(1) No transfers may be made from Department of Justice
accounts other than those authorized in this Act, or in previous or
subsequent appropriations Acts for the Department of Justice, or in
part II of title 28 of the United States Code, or in section 10601
of title 42 of the United States Code; and
(2) No appropriation account within the Department of Justice
shall have its allocation of funds controlled by other than an
apportionment issued by the Office of Management and Budget or an
allotment advice issued by the Department of Justice.
Sec. 111. (a) Section 1930(a)(6) of title 28, United States Code,
is amended by striking ``a plan is confirmed or''.
(b) Section 589a(b)(5) of such title is amended by striking ``;''
and inserting, ``until a reorganization plan is confirmed;''.
(c) Section 589a(f) of such title is amended--
(1) in paragraph (2) by striking ``.'' and inserting, ``until a
reorganization plan is confirmed;'', and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) 100 percent of the fees collected under section
1930(a)(6) of this title after a reorganization plan is
confirmed.''.
Sec. 112. Public Law 102-395, section 102 is amended as follows:
(1) in subsection (b)(1) strike ``years 1993, 1994, and 1995'' and
insert ``year 1996''; (2) in subsection (b)(1)(C) strike ``years 1993,
1994, and 1995'' and insert ``year 1996''; and (3) in subsection
(b)(5)(A) strike ``years 1993, 1994, and 1995'' and insert ``year
1996''.
Sec. 113. Public Law 101-515 (104 Stat. 2112; 28 U.S.C. 534 note)
is amended by inserting ``and criminal justice information'' after
``for the automation of finger-print identification''.
Sec. 114. (a) Grant Program.--Subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 is amended to read as
follows:
``Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing
Incentive Grants
``SEC. 20101. DEFINITIONS.
``As used in this subtitle--
``(1) the term `indeterminate sentencing' means a system by
which--
``(A) the court may impose a sentence of a range defined by
statute; and
``(B) an administrative agency, generally the parole board,
or the court, controls release within the statutory range;
``(2) the term `part 1 violent crime' means murder and
nonnegligent manslaughter, forcible rape, robbery, and aggravated
assault as reported to the Federal Bureau of Investigation for
purposes of the Uniform Crime Reports; and
``(3) the term `State' means a State of the United States, the
District of Columbia, or any commonwealth, territory, or possession
of the United States.
``SEC. 20102. AUTHORIZATION OF GRANTS.
``(a) In General.--The Attorney General shall provide grants to
eligible States--
``(1) to build or expand correctional facilities to increase
the prison bed capacity for the confinement of persons convicted of
a part 1 violent crime or adjudicated delinquent for an act which
if committed by an adult, would be a part 1 violent crime;
``(2) to build or expand temporary or permanent correctional
facilities, including facilities on military bases, prison barges,
and boot camps, for the confinement of convicted nonviolent
offenders and criminal aliens, for the purpose of freeing suitable
existing prison space for the confinement of persons convicted of a
part 1 violent crime; and
``(3) to build or expand jails.
``(b) Regional Compacts.--
``(1) In general.--Subject to paragraph (2), States may enter
into regional compacts to carry out this subtitle. Such compacts
shall be treated as States under this subtitle.
``(2) Requirement.--To be recognized as a regional compact for
eligibility for a grant under section 20103 or 20104, each member
State must be eligible individually.
``(3) Limitation on receipt of funds.--No State may receive a
grant under this subtitle both individually and as part of a
compact.
``(c) Limitations.--
``(1) Except as provided in paragraph (2), an eligible State
may receive either a general grant under section 20103 or a truth-
in-sentencing incentive grant under section 20104.
``(2) Exception.--An eligible State may receive a grant under
both sections 20103 and 20104 if the amount that such State is
eligible to receive under section 20103 in a year equals or exceeds
the amount that such State is eligible to receive under section
20104 for that year.
``(d) Applicability.--Notwithstanding the eligibility requirements
of sections 20103 and 20104, a State that certifies to the Attorney
General that, as of the date of enactment of the Department of Justice
Appropriations Act, 1996, such State has enacted legislation in
reliance on subtitle A of title II of the Violent Crime Control and Law
Enforcement Act, as enacted on September 13, 1994, and would in fact
qualify under those provisions, shall be eligible to receive a grant
for fiscal year 1996 as though such State qualifies under sections
20103 or 20104 of this subtitle.
``SEC. 20103. GENERAL GRANTS.
``(a) In General.--To be eligible to receive a grant under this
section, a State shall submit an application to the Attorney General
that provides assurances that such State has, since 1993--
``(1) increased the percentage of persons convicted of a part 1
violent crime sentenced to prison;
``(2) increased the average prison time actually to be served
in prison by persons convicted of a part 1 violent crime sentenced
to prison; and
``(3) increased the average percentage of time of the sentence
to be actually served in prison by persons convicted of a part 1
violent crime and sentenced to prison.
``(b) Indeterminate Sentencing Exception.--Notwithstanding
subsection (a), a State shall be eligible for a grant under this
section if such State submits an application to the Attorney General
that provides assurances that the State on the date of the enactment of
the Departments of Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 1996--
``(1) practices indeterminate sentencing with regard to any
part 1 violent crime; and
``(2) since 1993 the State has increased--
``(A) the percentage of persons convicted of a part 1
violent crime sentenced to prison; and
``(B) the average time served in the State for the offenses
of murder, rape, and robbery under the State's sentencing and
release guidelines for such offenses.
``SEC. 20104. TRUTH-IN-SENTENCING INCENTIVE GRANTS.
``(a) Eligibility.--To be eligible to receive a grant under this
section, a State shall submit an application to the Attorney General
that provides assurances that--
``(1) such State has implemented truth-in-sentencing laws that
require persons convicted of a part 1 violent crime to serve not
less than 85 percent of the sentence imposed (not counting time not
actually served, such as administrative or statutory incentives for
good behavior);
``(2) such State has truth-in-sentencing laws that have been
enacted, but not yet implemented, that require such State, not
later than 3 years after such State submits an application to the
Attorney General, to provide that persons convicted of a part 1
violent crime serve not less than 85 percent of the sentence
imposed; or
``(3) if, in the case of a State that on the date of enactment
of the Departments of Commerce, Justice, and State, the Judiciary
and Related Agencies Appropriations Act, 1996, practices
indeterminate sentencing with regard to any part 1 violent crime,
such State demonstrates that the average time served for part 1
violent crimes in the State equals at least 85 percent of the
sentences established for such crimes under the State's sentencing
and release guidelines (not counting time not actually served, such
as administrative or statutory incentives for good behavior).
``(b) Exception.--Notwithstanding subsection (a), a State may
provide that the Governor of the State may allow for the earlier
release of--
``(1) a geriatric prisoner; or
``(2) a prisoner whose medical condition precludes the prisoner
from posing a threat to the public, but only after a public hearing
in which representatives of the public and the prisoner's victims
have had an opportunity to be heard regarding a proposed release.
``SEC. 20105. SPECIAL RULES.
``(a) Sharing of Funds With Counties and Other Units of Local
Government.--
``(1) Reservation.--Each State shall reserve not more than 15
percent of the amount of funds allocated in a fiscal year pursuant
to section 20106 for counties and units of local government to
construct, develop, expand, modify, or improve jails and other
correctional facilities.
``(2) Factors for determination of amount.--To determine the
amount of funds to be reserved under this subsection, a State shall
consider the burden placed on a county or unit of local government
that results from the implementation of policies adopted by the
State to carry out sections 20103 and 20104.
``(b) Additional Requirement.--To be eligible to receive a grant
under section 20103 or 20104, a State shall provide assurances to the
Attorney General that the State has implemented or will implement not
later than 18 months after the date of the enactment of this subtitle
policies that provide for the recognition of the rights and needs of
crime victims.
``(c) Funds for Juvenile Offenders.--Notwithstanding any other
provision of this subtitle, if a State, or unit of local government
located in a State that otherwise meets the requirements of sections
20103 or 20104, certifies to the Attorney General that exigent
circumstances exist that require the State to expend funds to confine
juvenile offenders, the State may use funds received under this
subtitle to build or expand juvenile correctional facilities or
pretrial detention facilities for juvenile offenders.
``(d) Private Facilities.--A State may use funds received under
this subtitle for the privatization of facilities to carry out the
purposes of section 20102.
``SEC. 20106. FORMULA FOR GRANTS.
``In determining the amount of funds that may be granted to each
State eligible to receive a grant under section 20103 or 20104, the
Attorney General shall apply the following formula:
``(1) Minimum amount for grants under section 20103.--Of the
amount set aside for grants for section 20103, 0.6 percent shall be
allocated to each eligible State, except that the United States
Virgin Islands, American Samoa, Guam, and the Commonwealths of
Puerto Rico and the Northern Mariana Islands shall each be
allocated 0.05 percent.
``(2) Minimum amount for grants under section 20104.--Of the
amount set aside for grants for section 20104--
``(A) if less than 20 States are awarded grants under
section 20104, 2.5 percent of the amounts paid shall be
allocated to each eligible State, except that the United States
Virgin Islands, American Samoa, Guam, and the Commonwealths of
Puerto Rico and the Northern Mariana Islands shall each be
allocated 0.05 percent; and
``(B) if 20 or more States are awarded grants under section
20104, 2.0 percent of the amounts awarded shall be allocated to
each eligible State in a fiscal year for a grant under section
20104, except that the United States Virgin Islands, American
Samoa, Guam, and the Commonwealths of Puerto Rico and the
Northern Mariana Islands shall each be allocated 0.04 percent.
``(3) Additional amounts based on number of part 1 violent
crimes.--
``(A) Distribution of remaining amounts.--The amounts
remaining after the application of paragraph (1) or (2) shall
be allocated to each eligible State in the ratio that the
average annual number of part 1 violent crimes reported by such
State to the Federal Bureau of 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 such States to the Federal Bureau of Investigation for the
3 years preceding the year in which the determination is made.
``(B) Unavailable data.--If data regarding part 1 violent
crimes in any State is unavailable for the 3 years preceding
the year in which the determination is made or substantially
inaccurate, the Attorney General shall utilize the best
available comparable data regarding the number of violent
crimes for the previous year for the State for the purposes of
allocation of funds under this subtitle.
``(4) Regional compacts.--In determining the funds that States
organized as a regional compact may receive, the Attorney General
shall first apply the formula in either paragraph (1) or (2) and
(3) of this section to each member State of the compact. The States
organized as a regional compact may receive the sum of the amounts
so determined.
``SEC. 20107. ACCOUNTABILITY.
``(a) Fiscal Requirements.--A State that receives funds under this
subtitle shall use accounting, audit, and fiscal procedures that
conform to guidelines prescribed by the Attorney General, and shall
ensure that any funds used to carry out the programs under section
20102(a) shall represent the best value for the State governments at
the lowest possible cost and employ the best available technology.
``(b) Administrative Provisions.--The administrative provisions of
sections 801 and 802 of the Omnibus Crime Control and Safe Streets Act
of 1968 shall apply to the Attorney General under this subtitle in the
same manner that such provisions apply to the officials listed in such
sections.
``SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--
``(1) Authorizations.--There are authorized to be appropriated
to carry out this subtitle--
``(A) $997,500,000 for fiscal year 1996;
``(B) $1,330,000,000 for fiscal year 1997;
``(C) $2,527,999,000 for fiscal year 1998;
``(D) $2,660,000,000 for fiscal year 1999; and
``(E) $2,753,100,000 for fiscal year 2000.
``(2) Distribution.--
``(A) In general.--Subject to section 20109, and except as
provided in subparagraph (B), of the amount appropriated
pursuant to paragraph (1)--
``(i) one-third of such amount shall be allocated
pursuant to section 20106 to eligible States under section
20103; and
``(ii) two-thirds of such amount shall be allocated
pursuant to section 20106 to eligible States under section
20104.
``(B) Additional funds.--Subject to section 20109, if the
amount appropriated pursuant to paragraph (1) exceeds
$750,000,000--
``(i) half of such amount shall be allocated pursuant
to section 20106 to eligible States under section 20103;
and
``(ii) half of such amount shall be allocated pursuant
to section 20106 to eligible States under section 20104.
``(b) Limitations on Funds.--
``(1) Uses of funds.--Except as provided in section 20111,
funds made available pursuant to this section shall be used only to
carry out the purposes described in section 20102(a).
``(2) Nonsupplanting requirement.--Funds made available
pursuant to this section shall not be used to supplant State funds,
but shall be used to increase the amount of funds that would, in
the absence of Federal funds, be made available from State sources.
``(3) Administrative costs.--Not more than 3 percent of the
funds made available pursuant to this section shall be used for
administrative costs.
``(4) Carryover of appropriations.--Funds appropriated pursuant
to this section during any fiscal year shall remain available until
expended.
``(5) Matching funds.--The Federal share of a grant received
under this subtitle may not exceed 90 percent of the costs of a
proposal as described in an application approved under this
subtitle.
``SEC. 20109. PAYMENTS FOR INCARCERATION ON TRIBAL LANDS.
``(a) Reservation of Funds.--Notwithstanding any other provision of
this subtitle, from amounts appropriated under section 20108 to carry
out sections 20103 and 20104, the Attorney General shall reserve, to
carry out this section--
``(1) 0.3 percent in each of fiscal years 1996 and 1997; and
``(2) 0.2 percent in each of fiscal years 1998, 1999, and 2000.
``(b) Grants to Indian Tribes.--From the amounts reserved under
subsection (a), the Attorney General may make grants to Indian tribes
for the purposes of constructing jails on tribal lands for the
incarceration of offenders subject to tribal jurisdiction.
``(c) Applications.--To be eligible to receive a grant under this
section, an Indian tribe shall submit to the Attorney General an
application in such form and containing such information as the
Attorney General may by regulation require.
``SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION OF CRIMINAL
ALIENS.
``(a) In General.--The Attorney General shall make a payment to
each State which is eligible under section 242(j) of the Immigration
and Nationality Act and which meets the eligibility requirements of
section 20104, in such amount as is determined under section 242(j) and
for which payment is not made to such State for such fiscal year under
such section.
``(b) Authorization of Appropriations.--Notwithstanding any other
provision of this subtitle, there are authorized to be appropriated to
carry out this section from amounts authorized under section 20108, an
amount which when added to amounts appropriated to carry out section
242(j) of the Immigration and Nationality Act for fiscal year 1996
equals $500,000,000 and for each of the fiscal years 1997 through 2000
does not exceed $650,000,000.
``(c) Report to Congress.--Not later than May 15, 1999, the
Attorney General shall submit a report to the Congress which contains
the recommendation of the Attorney General concerning the extension of
the program under this section.
``SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NONFEDERAL INSTITUTIONS.
``(a) In General.The Attorney General may make payments to States
and units of local government for the purposes authorized in section
4013 of title 18, United States Code.
``(b) Authorization of Appropriations.--Notwithstanding any other
provision of this subtitle, there are authorized to be appropriated
from amounts authorized under section 20108 for each fiscal years 1996
through 2000 such sums as may be necessary to carry out this section.
``SEC. 20112. REPORT BY THE ATTORNEY GENERAL.
``Beginning on July 1, 1996, and each July 1 thereafter, the
Attorney General shall report to the Congress on the implementation of
this subtitle, including a report on the eligibility of the States
under sections 20103 and 20104, and the distribution and use of funds
under this subtitle.''.
(b) Preference in Payments.--Section 242(j)(4) of the Immigration
and Nationality Act (8 U.S.C. 1252(j)(4)) is amended by adding at the
end the following:
``(C) in carrying out paragraph (1)(A), the Attorney
General shall give preference in making payments to States and
political subdivisions of States which are ineligible for
payments under section 20110 of the Violent Crime Control and
Law Enforcement Act of 1994.''.
(c) Conforming Amendments.--
(1) Omnibus crime control and safe streets act of 1968.--
(A) Part v.--Part V of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is repealed.
(B) Funding.--
(i) Section 1001(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by striking paragraph
(20).
(ii) Notwithstanding the provisions of subparagraph
(A), any funds that remain available to an applicant under
paragraph (20) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 shall be used in accordance with
part V of such Act as if such Act was in effect on the day
preceding the date of enactment of this Act.
(2) Violent crime control and law enforcement act of 1994.--
(A) Table of contents.--The table of contents of the
Violent Crime Control and Law Enforcement Act of 1994 is
amended by striking the matter relating to title V.
(B) Compliance.--Notwithstanding the provisions of
paragraph (1), any funds that remain available to an applicant
under title V of the Violent Crime Control and Law Enforcement
Act of 1994 shall be used in accordance with such subtitle as
if such subtitle was in effect on the day preceding the date of
enactment of this Act.
(C) Truth-in-sentencing.--The table of contents of the
Violent Crime Control and Law Enforcement Act of 1994 is
amended by striking the matter relating to subtitle A of title
II and inserting the following:
``Subtitle A--Truth-in-Sentencing Grants
``Sec. 20101. Definitions.
``Sec. 20102. Authorization of Grants.
``Sec. 20103. General Grants.
``Sec. 20104. Truth-in-sentencing incentive grants.
``Sec. 20105. Special rules.
``Sec. 20106. Formula for grants.
``Sec. 20107. Accountability.
``Sec. 20108. Authorization of appropriations.
``Sec. 20109. Payments for Incarceration on Tribal Lands.
``Sec. 20110. Payments to States for Incarceration of Criminal Aliens.
``Sec. 20111. Report by the Attorney General.''.
Sec. 115. Notwithstanding provisions of 41 U.S.C. 353 or any other
provision of law, the Federal Prison System may enter into contracts
and other agreements with private entities for a period not to exceed 3
years and 7 additional option years for the confinement of Federal
prisoners.
Sec. 116. (a) In General.--Subsection (b) of section 4 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-2(b)) is
amended by striking ``March 11, 1993'' each place it appears and
inserting ``August 1, 1994''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the provisions of the National Voter
Registration Act of 1993.
Sec. 117. Notwithstanding any other provision of law, a Federal,
State, or local government agency may not use a voter registration card
(or other related document) that evidences registration for an election
for Federal office, as evidence to prove United States citizenship.
Sec. 118. Section 1344(b)(6) of title 31, United States Code, is
amended to read as follows:
``(6) the Director of the Central Intelligence Agency, the
Director of the Federal Bureau of Investigation, and the
Administrator of the Drug Enforcement Administration;''.
Sec. 119. (a) Authority of the Foreign Claims Settlement
Commission.--The Foreign Claims Settlement Commission of the United
States (the ``Commission'') is authorized to receive and determine the
validity and amount of claims by nationals of the United States against
the Federal Republic of Germany covered by Article 2(2) of the
Agreement Between the Government of the Federal Republic of Germany and
the Government of the United States of America Concerning Final
Benefits to Certain United States Nationals Who Were Victims of
National Socialist Measures of Persecution, entered into force
September 19, 1995 (the ``Agreement''). In deciding such claims, the
Commission shall be guided by the criteria applied by the Department of
State in determining the validity and amount of the claims covered by
and settled under Article 2(1) of the Agreement.
(b) Application of Other Laws.--Except to the extent inconsistent
with the provisions of this section, the provisions of title I of the
International Claims Settlement Act of 1949 (22 U.S.C. 1621 et sec.),
except for section 7(b) (22 U.S.C. 1626(b)), shall apply with respect
to claims under this section. Any reference in such provisions to
``this title'' shall be deemed to refer to those provisions and to this
section.
(c) Certification and Payment.--
(1) Not later than two years after the entry into force of the
Agreement, the Commission shall certify to the Secretary of State,
in writing, its determinations as to the validity and amount of the
claims authorized for decision under subsection (a).
(2) In the case of claims found to be compensable under
subsection (a), the Commission shall certify the awards entered in
the claims to the Secretary of the Treasury in accordance with
section 5 of title I of the International Claims Settlement Act of
1949 (22 U.S.C. 1624). Such awards shall be paid in accordance with
subsections (a) and (c)-(f) of section 7 of such title (22 U.S.C.
1626) out of a special fund established in accordance with section
8 of such title (22 U.S.C. 1627), following conclusion of the
negotiations provided for in Article 2(2) of the Agreement.
(d) Confidentiality of Records.--Records pertaining to the claims
received by the Commission pursuant to subsection (a) shall not be
publicly disclosed and shall not be required to be disclosed pursuant
to section 552 of title 5, United States Code.
(e) Separability.--If any provision of this section or the
application thereof to any person or circumstances is held invalid, the
remainder of this section or the application of such provision to other
persons or circumstances shall not be affected.
This title may be cited as the ``Department of Justice
Appropriations Act, 1996''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$20,889,000, of which $2,500,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $40,000,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel
and transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to 49
U.S.C. 1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding ten years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $30,000 per vehicle; obtain insurance on official motor
vehicles; and rent tie lines and teletype equipment; $264,885,000, to
remain available until expended: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities without
regard to 15 U.S.C. 4912; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act shall include payment for assessments for
services provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services
abroad; rental of space abroad for periods not exceeding ten years, and
expenses of alteration, repair, or improvement; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $15,000 for
official representation expenses abroad; awards of compensation to
informers under the Export Administration Act of 1979, and as
authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law; $38,604,000, to
remain available until expended: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, Public
Law 91-304, and such laws that were in effect immediately before
September 30, 1982, and for trade adjustment assistance, $328,500,000:
Provided, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Commerce may provide financial assistance for projects to
be located on military installations closed or scheduled for closure or
realignment to grantees eligible for assistance under the Public Works
and Economic Development Act of 1965, as amended, without it being
required that the grantee have title or ability to obtain a lease for
the property, for the useful life of the project, when in the opinion
of the Secretary of Commerce, such financial assistance is necessary
for the economic development of the area: Provided further, That the
Secretary of Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title to land on
military installations closed or scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $20,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title
I of the Public Works Employment Act of 1976, as amended, title II of
the Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $32,000,000.
United States Travel and Tourism Administration
salaries and expenses
For necessary expenses of the United States Travel and Tourism
Administration, $2,000,000, to remain available until December 31,
1995: Provided, That none of the funds appropriated by this paragraph
shall be available to carry out the provisions of section 203(a) of the
International Travel Act of 1961, as amended.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$45,900,000, to remain available until September 30, 1997.
economics and statistics administration revolving fund
The Secretary of Commerce is authorized to disseminate economic and
statistical data products as authorized by 15 U.S.C. 1525-1527 and,
notwithstanding 15 U.S.C. 4912, charge fees necessary to recover the
full costs incurred in their production. Notwithstanding 31 U.S.C.
3302, receipts received from these data dissemination activities shall
be credited to this account, to be available for carrying out these
purposes without further appropriation.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$133,812,000.
periodic censuses and programs
For expenses necessary to collect and publish statistics for
periodic censuses and programs provided for by law, $150,300,000, to
remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration, $17,000,000, to
remain available until expended: Provided, That notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce is authorized to retain and
use as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for spectrum management,
analysis, and operations and for all costs incurred in
telecommunications research, engineering, and related activities by the
Institute for Telecommunication Sciences of the NTIA in furtherance of
its assigned functions under this paragraph and such funds received
from other Government agencies shall remain available until expended.
public broadcasting facilities, planning and construction
For grants authorized by section 392 of the Communications Act of
1934, as amended, $15,500,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $2,200,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants for projects
for which applications have been submitted and approved during any
fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $21,500,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391 of the Act
including support of the Advisory Council on National Information
Infrastructure: Provided further, That of the funds appropriated
herein, not to exceed 5 percent may be available for telecommunications
research activities for projects related directly to the development of
a national information infrastructure: Provided further, That
notwithstanding the requirements of section 392(a) and 392(c) of the
Act, these funds may be used for the planning and construction of
telecommunications networks for the provision of educational, cultural,
health care, public information, public safety or other social
services.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks; $82,324,000, to remain
available until expended: Provided, That the funds made available under
this heading are to be derived from deposits in the Patent and
Trademark Office Fee Surcharge Fund as authorized by law: Provided
further, That the amounts made available under the Fund shall not
exceed amounts deposited; and such fees as shall be collected pursuant
to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall remain available
until expended.
Science and Technology
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $259,000,000, to remain available until expended, of which
not to exceed $8,500,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership
of the National Institute of Standards and Technology, $80,000,000, to
remain available until expended, of which not to exceed $500,000 may be
transferred to the ``Working Capital Fund'': Provided, That none of the
funds made available under this heading in this or any other Act may be
used for the purposes of carrying out additional program competitions
under the Advanced Technology Program: Provided further, That any
unobligated balances available from carryover of prior year
appropriations under the Advanced Technology Program may be used only
for the purposes of providing continuation grants.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$60,000,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including acquisition,
maintenance, operation, and hire of aircraft; not to exceed 358
commissioned officers on the active list; grants, contracts, or other
payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and alteration,
modernization, and relocation of facilities as authorized by 33 U.S.C.
883i; $1,795,677,000, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 but consistent with other existing
law, fees shall be assessed, collected, and credited to this
appropriation as offsetting collections to be available until expended,
to recover the costs of administering aeronautical charting programs:
Provided further, That the sum herein appropriated from the general
fund shall be reduced as such additional fees are received during
fiscal year 1996, so as to result in a final general fund appropriation
estimated at not more than $1,792,677,000: Provided further, That any
such additional fees received in excess of $3,000,000 in fiscal year
1996 shall not be available for obligation until October 1, 1996:
Provided further, That fees and donations received by the National
Ocean Service for the management of the national marine sanctuaries may
be retained and used for the salaries and expenses associated with
those activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $63,000,000 shall be derived by transfer from the
fund entitled ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'': Provided further, That grants to
States pursuant to sections 306 and 306(a) of the Coastal Zone
Management Act, as amended, shall not exceed $2,000,000.
coastal zone management fund
Of amounts collected pursuant to 16 U.S.C. 1456a, not to exceed
$7,800,000, for purposes set forth in 16 U.S.C. 1456a(b)(2)(A), 16
U.S.C. 1456a(b)(2)(B)(v), and 16 U.S.C. 1461(e).
construction
For repair and modification of, and additions to, existing
facilities and construction of new facilities, and for facility
planning and design and land acquisition not otherwise provided for the
National Oceanic and Atmospheric Administration, $50,000,000, to remain
available until expended.
fleet modernization, shipbuilding and conversion
For expenses necessary for the repair, acquisition, leasing, or
conversion of vessels, including related equipment to maintain and
modernize the existing fleet and to continue planning the modernization
of the fleet, for the National Oceanic and Atmospheric Administration,
$8,000,000, to remain available until expended.
fishing vessel and gear damage compensation fund
For carrying out the provisions of section 3 of Public Law 95-376,
not to exceed $1,032,000, to be derived from receipts collected
pursuant to 22 U.S.C. 1980 (b) and (f), to remain available until
expended.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $999,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson Fishery Conservation and Management Act of 1976, as amended
(Public Law 100-627) and the American Fisheries Promotion Act (Public
Law 96-561), there are appropriated from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to
exceed $196,000, to remain available until expended.
fishing vessel obligations guarantees
For the cost, as defined in section 502 of the Federal Credit
Reform Act of 1990, of guaranteed loans authorized by the Merchant
Marine Act of 1936, as amended, $250,000: Provided, That none of the
funds made available under this heading may be used to guarantee loans
for any new fishing vessel that will increase the harvesting capacity
in any United States fishery.
Technology Administration
Under Secretary for Technology/Office of Technology Policy
salaries and expenses
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $5,000,000.
General Administration
salaries and expenses
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $29,100,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504),
$19,849,000.
National Institute of Standards and Technology
construction of research facilities
(rescission)
Of the unobligated balances available under this heading,
$75,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act
shall be available for the activities specified in the Act of October
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the certification
of officials designated by the Secretary that such payments are in the
public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that
are under the control of the United States Air Force or the United
States Air Force Reserve.
Sec. 204. None of the funds provided in this or any previous Act,
or hereinafter made available to the Department of Commerce shall be
available to reimburse the Unemployment Trust Fund or any other fund or
account of the Treasury to pay for any expenses paid before October 1,
1992, as authorized by section 8501 of title 5, United States Code, for
services performed after April 20, 1990, by individuals appointed to
temporary positions within the Bureau of the Census for purposes
relating to the 1990 decennial census of population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, the Secretary of Commerce, no
later than 90 days thereafter, shall submit to the Committees on
Appropriations of the House and the Senate a plan for transferring
funds provided in this Act to the appropriate successor organizations:
Provided, That the plan shall include a proposal for transferring or
rescinding funds appropriated herein for agencies or programs
terminated under such legislation: Provided further, That such plan
shall be transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any
successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce to
cover the costs of actions relating to the abolishment, reorganization
or transfer of functions and any related personnel action, including
voluntary separation incentives if authorized by such legislation:
Provided, That the authority to transfer funds between appropriations
accounts that may be necessary to carry out this section is provided in
addition to authorities included under section 205 of this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 207. None of the funds appropriated under this Act or any
other law shall be used to implement subsections (a), (b), (c), (e),
(g), or (i) of section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533), until such time as legislation reauthorizing the Act is
enacted or until the end of fiscal year 1996, whichever is earlier,
except that monies appropriated under this Act may be used to delist or
reclassify species pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i),
and 4(c)(2)(B)(ii) of the Act.
Sec. 208. Notwithstanding any other provision of law (including any
regulation and including the Public Works and Economic Development Act
of 1965), the transfer of title to the Rutland City Industrial Complex
to Hilinex, Vermont (as related to Economic Development Administration
Project Number 01-11-01742) shall not require compensation to the
Federal Government for the fair share of the Federal Government of that
real property.
Sec. 209. (a) In General.--The Secretary of Commerce, acting
through the Assistant Secretary for Economic Development of the
Department of Commerce, shall--
(1) not later than January 1, 1996, commence the demolition of
the structures on, and the cleanup and environmental remediation
on, the parcel of land described in subsection (b);
(2) not later than March 31, 1996, complete the demolition,
cleanup, and environmental remediation under paragraph (1); and
(3) not later than April 1, 1996, convey the parcel of land
described in subsection (b), in accordance with the requirements of
section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), to the
Tuscaloosa County Industrial Development Authority, on receipt of
payment of the fair market value for the parcel by the Authority,
as agreed on by the Secretary and the Authority.
(b) Land Parcel.--The parcel of land referred to in subsection (a)
is the parcel of land consisting of approximately 41 acres in Holt,
Alabama (in Tuscaloosa County), that is generally known as the
``Central Foundry Property'', as depicted on a map, and as described in
a legal description, that the Secretary, acting through the Assistant
Secretary for Economic Development, determines to be satisfactory.
Sec. 210. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this provision is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 1996''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $25,834,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon him by the Act
approved May 7, 1934 (40 U.S.C. 13a-13b), $3,313,000, of which $500,000
shall remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $14,288,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services as authorized by 5 U.S.C.
3109, and necessary expenses of the court, as authorized by law,
$10,859,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,433,141,000 (including the purchase of
firearms and ammunition); of which not to exceed $13,454,000 shall
remain available until expended for space alteration projects; of which
not to exceed $10,000,000 shall remain available until expended for
furniture and furnishings related to new space alteration and
construction projects; and of which $500,000 is to remain available
until expended for acquisition of books, periodicals, and newspapers,
and all other legal reference materials, including subscriptions.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,318,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by law,
$30,000,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund, as authorized by section
190001(a) of Public Law 103-322.
defender services
For the operation of Federal Public Defender and Community Defender
organizations, the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended, the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)), the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel, the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execution
of penal sentences, and the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d), $267,217,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i): Provided,
That none of the funds provided in this Act shall be available for
Death Penalty Resource Centers or Post-Conviction Defender
Organizations after April 1, 1996.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $59,028,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection
of packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702); $102,000,000, to be expended directly
or transferred to the United States Marshals Service which shall be
responsible for administering elements of the Judicial Security Program
consistent with standards or guidelines agreed to by the Director of
the Administrative Office of the United States Courts and the Attorney
General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $47,500,000, of which not to exceed $7,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,914,000; of which $1,800,000 shall
remain available through September 30, 1997, to provide education and
training to Federal court personnel; and of which not to exceed $1,000
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $24,000,000, to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,000,000, and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $8,500,000, of which not
to exceed $1,000 is authorized for official reception and
representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Appropriations made in this title shall be available for
salaries and expenses of the Special Court established under the
Regional Rail Reorganization Act of 1973, Public Law 93-236.
Sec. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and other Judicial
Services, Defender Services'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
Sec. 304. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $10,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary of the
Judicial Conference.
Sec. 305. Section 333 of title 28, United States Code, is amended--
(1) in the first paragraph by striking ``shall'' the first,
second, and fourth place it appears and inserting ``may''; and
(2) in the second paragraph--
(A) by striking ``shall'' the first place it appears and
inserting ``may''; and
(B) by striking ``, and unless excused by the chief judge,
shall remain throughout the conference''.
This title may be cited as ``The Judiciary Appropriations Act,
1996''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including expenses authorized by
the State Department Basic Authorities Act of 1956, as amended;
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
acquisition by exchange or purchase of passenger motor vehicles as
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and
for expenses of general administration, $1,708,800,000: Provided, That
notwithstanding section 140(a)(5), and the second sentence of section
140(a)(3) of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236), not to exceed $125,000,000 of fees may
be collected during fiscal year 1996 under the authority of section
140(a)(1) of that Act: Provided further, That all fees collected under
the preceding proviso shall be deposited in fiscal year 1996 as an
offsetting collection to appropriations made under this heading to
recover the costs of providing consular services and shall remain
available until expended: Provided further, That the preceding two
provisos shall remain in effect through April 1, 1996: 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, $9,600,000 shall not be made available until
expiration of the 15 day period beginning on the date when the
Secretary of State and the Director of the Diplomatic
Telecommunications Service submit the pilot program report required by
section 507 of Public Law 103-317.
In addition, not to exceed $700,000 in registration fees collected
pursuant to section 38 of the Arms Export Control Act, as amended, may
be used in accordance with section 45 of the State Department Basic
Authorities Act of 1956, 22 U.S.C. 2717; and in addition not to exceed
$1,223,000 shall be derived from fees from other executive agencies for
lease or use of facilities located at the International Center in
accordance with section 4 of the International Center Act (Public Law
90-553, as amended by section 120 of Public Law 101-246); and in
addition not to exceed $15,000 which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities
in accordance with section 46 of the State of Department Basic
Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 percent
of the amounts made available in this Act in the appropriation
accounts, ``Diplomatic and Consular Programs'' and ``Salaries and
Expenses'' under the heading ``Administration of Foreign Affairs'' may
be transferred between such appropriation accounts: Provided, That any
transfer pursuant to this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
For an additional amount for security enhancements to counter the
threat of terrorism, $9,720,000, to remain available until expended.
salaries and expenses
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August 31,
1964, as amended (31 U.S.C. 3721), and the State Department Basic
Authorities Act of 1956, as amended, $363,276,000.
For an additional amount for security enhancements to counter the
threat of terrorism, $1,870,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund, $16,400,000,
to remain available until expended, as authorized in Public Law 103-
236: Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds appropriated under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $27,369,000, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980 (Public Law 96-465), as it relates
to post inspections: Provided, That notwithstanding any other provision
of law, (1) the Office of the Inspector General of the United States
Information Agency is hereby merged with the Office of the Inspector
General of the Department of State; (2) the functions exercised and
assigned to the Office of the Inspector General of the United States
Information Agency before the effective date of this Act (including all
related functions) are transferred to the Office of the Inspector
General of the Department of State; and (3) the Inspector General of
the Department of State shall also serve as the Inspector General of
the United States Information Agency.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,500,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,579,000.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4851), $385,760,000, to remain available until expended as
authorized by 22 U.S.C. 2696(c): Provided, That none of the funds
appropriated in this paragraph shall be available for acquisition of
furniture and furnishings and generators for other departments and
agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e), $6,000,000, to remain
available until expended as authorized by 22 U.S.C. 2696(c), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by 22 U.S.C.
2671: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974. In addition, for administrative expenses necessary to
carry out the direct loan program, $183,000 which may be transferred to
and merged with the Salaries and Expenses account under Administration
of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96-8 (93 Stat. 14), $15,165,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $125,402,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $700,000,000:
Provided, That any payment of arrearages shall be directed toward
special activities that are mutually agreed upon by the United States
and the respective international organization: Provided further, That
20 percent of the funds appropriated in this paragraph for the assessed
contribution of the United States to the United Nations shall be
withheld from obligation and expenditure until a certification is made
under section 401(b) of Public Law 103-236 for fiscal year 1996:
Provided further, That certification under section 401(b) of Public Law
103-236 for fiscal year 1996 may only be made if the Committees on
Appropriations and Foreign Relations of the Senate and the Committees
on Appropriations and International Relations of the House of
Representatives are notified of the steps taken, and anticipated, to
meet the requirements of section 401(b) of Public Law 103-236 at least
15 days in advance of the proposed certification: Provided further,
That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known
to the United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings.
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, $225,000,000:
Provided, That none of the funds made available under this Act may be
used, and shall not be available, for obligation or expenditure for any
new or expanded United Nations peacekeeping mission unless, at least
fifteen days in advance of voting for the new or expanded mission in
the United Nations Security Council (or in an emergency, as far in
advance as is practicable), (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appropriate
Committees of the Congress are notified of the estimated cost and
length of the mission, the vital national interest that will be served,
and the planned exit strategy; and (2) a reprogramming of funds
pursuant to section 605 of this Act is submitted, and the procedures
therein followed, setting forth the source of funds that will be used
to pay for the cost of the new or expanded mission: Provided further,
That funds shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate committees
of the Congress that American manufacturers and suppliers are being
given opportunities to provide equipment, services and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers.
INTERNATIONAL CONFERENCES AND CONTINGENCIES
For necessary expenses authorized by section 5 of the State
Department Basic Authorities Act of 1956, in addition to funds
otherwise available for these purposes, contributions for the United
States share of general expenses of international organizations and
conferences and representation to such organizations and conferences as
provided for by 22 U.S.C. 2656 and 2672 and personal services without
regard to civil service and classification laws as authorized by 5
U.S.C. 5102, $3,000,000, to remain available until expended as
authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be
expended for representation as authorized by 22 U.S.C. 4085.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for, $12,058,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $6,644,000, to remain available until expended as authorized
by 22 U.S.C. 2696(c).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182;
$5,800,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $14,669,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501 of
Public Law 101-246, $5,000,000, to remain available until expended as
authorized by 22 U.S.C. 2696(c).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms control,
nonproliferation, and disarmament activities, $35,700,000, of which not
to exceed $50,000 shall be for official reception and representation
expenses as authorized by the Act of September 26, 1961, as amended (22
U.S.C. 2551 et seq.).
United States Information Agency
salaries and expenses
For expenses, not otherwise provided for, necessary to enable the
United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), the United States Information and Educational Exchange
Act of 1948, as amended (22 U.S.C. 1431 et seq.) and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to carry out
related activities authorized by law, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation), as
authorized by 22 U.S.C. 1471, and entertainment, including official
receptions, within the United States, not to exceed $25,000 as
authorized by 22 U.S.C. 1474(3); $445,645,000: Provided, That not to
exceed $1,400,000 may be used for representation abroad as authorized
by 22 U.S.C. 1452 and 4085: Provided further, That not to exceed
$7,615,000 to remain available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching, library, motion pictures, and
publication programs as authorized by section 810 of the United States
Information and Educational Exchange Act of 1948, as amended: Provided
further, That not to exceed $1,700,000 to remain available until
expended may be used to carry out projects involving security
construction and related improvements for agency facilities not
physically located together with Department of State facilities abroad.
technology fund
For expenses necessary to enable the United States Information
Agency to provide for the procurement of information technology
improvements, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.),
the Mutual Educational and Cultural Exchange Act of 1961, as amended
(22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91
Stat. 1636), $5,050,000, to remain available until expended.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized by the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), $200,000,000, to remain available until expended
as authorized by 22 U.S.C. 2455.
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-05), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 1996, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 1996, to remain available until expended.
american studies collections endowment fund
For necessary expenses of American Studies Collections as
authorized by section 235 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, all interest and earnings accruing to the
American Studies Collections Endowment Fund on or before September 30,
1996, to remain available until expended.
international broadcasting operations
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Educational
Exchange Act of 1948, as amended, the United States International
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of
1977, to carry out international communication activities;
$325,191,000, of which $5,000,000 shall remain available until
expended, not to exceed $16,000 may be used for official receptions
within the United States as authorized by 22 U.S.C. 1474(3), not to
exceed $35,000 may be used for representation abroad as authorized by
22 U.S.C. 1452 and 4085, and not to exceed $39,000 may be used for
official reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, not to exceed $250,000 from fees as
authorized by section 810 of the United States Information and
Educational Exchange Act of 1948, as amended, to remain available until
expended for carrying out authorized purposes; and in addition,
notwithstanding any other provision of law, not to exceed $1,000,000 in
monies received (including receipts from advertising, if any) by or for
the use of the United States Information Agency from or in connection
with broadcasting resources owned by or on behalf of the Agency, to be
available until expended for carrying out authorized purposes.
broadcasting to cuba
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the
Television Broadcasting to Cuba Act, and the International Broadcasting
Act of 1994, including the purchase, rent, construction, and
improvement of facilities for radio and television transmission and
reception, and purchase and installation of necessary equipment for
radio and television transmission and reception, $24,809,000 to remain
available until expended: Provided, That not later than April 1, 1996,
the headquarters of the Office of Cuba Broadcasting shall be relocated
from Washington, D.C. to south Florida, and that any funds available
under the headings ``International Broadcasting Operations'',
``Broadcasting to Cuba'', and ``Radio Construction'' may be available
to carry out this relocation.
radio construction
For an additional amount for the purchase, rent, construction, and
improvement of facilities for radio transmission and reception and
purchase and installation of necessary equipment for radio and
television transmission and reception as authorized by 22 U.S.C. 1471,
$40,000,000, to remain available until expended as authorized by 22
U.S.C. 1477b(a).
east-west center
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the Center for Cultural and
Technical Interchange Between East and West Act of 1960 (22 U.S.C.
2054-2057), by grant to the Center for Cultural and Technical
Interchange Between East and West in the State of Hawaii, $11,750,000:
Provided, That none of the funds appropriated herein shall be used to
pay any salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
north/south center
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the North/South Center Act
of 1991 (22 U.S.C. 2075), by grant to an educational institution in
Florida known as the North/South Center, $2,000,000, to remain
available until expended.
National Endowment for Democracy
For grants made by the United States Information Agency to the
National Endowment for Democracy as authorized by the National
Endowment for Democracy Act, $30,000,000, to remain available until
expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of 5 U.S.C.; for services as authorized by
5 U.S.C. 3109; and hire of passenger transportation pursuant to 31
U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency in this
Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds appropriated or otherwise made available under this
Act or any other Act may be expended for compensation of the United
States Commissioner of the International Boundary Commission, United
States and Canada, only for actual hours worked by such Commissioner.
Sec. 404. (a) No later than 90 days after enactment of legislation
consolidating, reorganizing or downsizing the functions of the
Department of State, the United States Information Agency, and the Arms
Control and Disarmament Agency, the Secretary of State, the Director of
the United States Information Agency and the Director of the Arms
Control and Disarmament Agency shall submit to the Committees on
Appropriations of the House and the Senate a proposal for transferring
or rescinding funds appropriated herein for functions that are
consolidated, reorganized or downsized under such legislation:
Provided, That such plan shall be transmitted in accordance with
section 605 of this Act.
(b) The Secretary of State, the Director of the United States
Information Agency, and the Director of the Arms Control and
Disarmament Agency, as appropriate, may use any available funds to
cover the costs of actions to consolidate, reorganize or downsize the
functions under their authority required by such legislation, and of
any related personnel action, including voluntary separation incentives
if authorized by such legislation: Provided, That the authority to
transfer funds between appropriations accounts that may be necessary to
carry out this section is provided in addition to authorities included
under section 402 of this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 405. (a) Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency, and the
Department of State may be obligated and expended notwithstanding
section 701 of the United States Information and Educational Exchange
Act of 1948 and section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, section 53 of the Arms Control and
Disarmament Act, and section 15 of the State Department Basic
Authorities Act of 1956.
(b) Subsection (a) shall cease to be in effect after April 1, 1996.
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. Section 8 of the Eisenhower Exchange Fellowship Act of
1990 is amended in the last sentence by striking ``fiscal year 1995''
and inserting ``fiscal year 1999''.
Sec. 408. Sections 6(a) and 6(b) of Public Law 101-454 are
repealed.
Sec. 409. It is the sense of the Senate that none of the funds
appropriated or otherwise made available pursuant to this Act should be
used for the deployment of combat-equipped forces of the Armed Forces
of the United States for any ground operations in Bosnia and
Herzegovina unless--
(1) Congress approves in advance the deployment of such forces of
the Armed Forces; or
(2) the temporary deployment of such forces of the Armed Forces
of the United States into Bosnia and Herzegovina is necessary to
evacuate United Nations peacekeeping forces from a situation of
imminent danger, to undertake emergency air rescue operations, or
to provide for the airborne delivery of humanitarian supplies, and
the President reports as soon as practicable to Congress after the
initiation of the temporary deployment, but in no case later than
48 hours after the initiation of the deployment.
Sec. 410. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this provision is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1996''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Martime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-differential
subsidies as authorized by the Merchant Marine Act, 1936, as amended,
$162,610,000, to remain available until expended.
maritime national security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States as determined by the Secretary of Defense in consultation with
the Secretary of Transportation, $46,000,000, to remain available until
expended: Provided, That these funds will be available only upon
enactment of an authorization for this program.
operations and training
For necessary expenses of operations and training activities
authorized by law, $66,600,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, the
Secretary of Transportation may use proceeds derived from the sale or
disposal of National Defense Reserve Fleet vessels that are currently
collected and retained by the Maritime Administration, to be used for
facility and ship maintenance, modernization and repair, conversion,
acquisition of equipment, and fuel costs necessary to maintain training
at the United States Merchant Marine Academy and State maritime
academies and may be transferred to the Secretary of the Interior for
use as provided in the National Maritime Heritage Act (Public Law 103-
451): Provided further, That reimbursements may be made to this
appropriation from receipts to the ``Federal Ship Financing Fund'' for
administrative expenses in support of that program in addition to any
amount heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act of 1936, $40,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,500,000, which shall be
transferred to and merged with the appropriation for Operations and
Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine Act,
1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $206,000, as authorized by Public Law 99-83, section
1303.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,750,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further,
That none of the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the Chairperson who is
permitted 125 billable days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration Reform
pursuant to section 141(f) of the Immigration Act of 1990, $1,894,000,
to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $1,090,000,
to remain available until expended as authorized by section 3 of Public
Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990 and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards to
private citizens; not to exceed $26,500,000, for payments to State and
local enforcement agencies for services to the Commission pursuant to
title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991;
$233,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception
and representation expenses; purchase (not to exceed sixteen) and hire
of motor vehicles; special counsel fees; and services as authorized by
5 U.S.C. 3109; $175,709,000, of which not to exceed $300,000 shall
remain available until September 30, 1997, for research and policy
studies: Provided, That $116,400,000 of offsetting collections shall be
assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 1996 so as to result in a final fiscal year
1996 appropriation estimated at $59,309,000: Provided further, That any
offsetting collections received in excess of $116,400,000 in fiscal
year 1996 shall remain available until expended, but shall not be
available for obligation until October 1, 1996.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act of 1936, as
amended (46 App. U.S.C. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-02; $14,855,000: Provided, That not to exceed $2,000 shall
be available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses; $79,568,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or
persons for collection services in accordance with the terms of 31
U.S.C. 3718, as amended: Provided further, That notwithstanding any
other provision of law, not to exceed $48,262,000 of offsetting
collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses in
this appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the General Fund shall
be reduced as such offsetting collections are received during fiscal
year 1996, so as to result in a final fiscal year 1996 appropriation
from the General Fund estimated at not more than $31,306,000, to remain
available until expended: Provided further, That any fees received in
excess of $48,262,000 in fiscal year 1996 shall remain available until
expended, but shall not be available for obligation until October 1,
1996: Provided further, That none of the funds made available to the
Federal Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).
Japan-United States Friendship Commission
japan-united states friendship trust fund
For expenses of the Japan-United States Friendship Commission, as
authorized by Public Law 94-118, as amended, from the interest earned
on the Japan-United States Friendship Trust Fund, $1,247,000; and an
amount of Japanese currency not to exceed the equivalent of $1,420,000
based on exchange rates at the time of payment of such amounts as
authorized by Public Law 94-118.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$278,000,000, of which $265,000,000 is for basic field programs;
$7,000,000 is for the Office of the Inspector General, of which
$5,500,000 shall remain available until expended and be used to
contract with independent public accountants for financial audits of
all recipients in accordance with the requirements of section 509 of
this Act; and $6,000,000 is for management and administration:
Provided, That $198,750,000 of the total amount provided under this
heading for basic field programs shall not be available except for the
competitive award of grants and contracts under section 503 of this
Act.
Administrative Provisions--Legal Services Corporation
Sec. 501. (a) Funds appropriated under this Act to the Legal
Services Corporation for basic field programs shall be distributed as
follows:
(1) The Corporation shall define geographic areas and make the
funds available for each geographic area on a per capita basis
relative to the number of individuals in poverty determined by the
Bureau of the Census to be within the geographic area, except as
provided in paragraph (2)(B). Funds for such a geographic area may
be distributed by the Corporation to 1 or more persons or entities
eligible for funding under section 1006(a)(1)(A) of the Legal
Services Corporation Act (42 U.S.C. 2996e(a)(1)(A)), subject to
sections 502 and 504.
(2) Funds for grants from the Corporation, and contracts
entered into by the Corporation for basic field programs, shall be
allocated so as to provide--
(A) except as provided in subparagraph (B), an equal figure
per individual in poverty for all geographic areas, as
determined on the basis of the most recent decennial census of
population conducted pursuant to section 141 of title 13,
United States Code (or, in the case of the Republic of Palau,
the Federated States of Micronesia, the Republic of the
Marshall Islands, Alaska, Hawaii, and the United States Virgin
Islands, on the basis of the adjusted population counts
historically used as the basis for such determinations); and
(B) an additional amount for Native American communities
that received assistance under the Legal Services Corporation
Act for fiscal year 1995, so that the proportion of the funds
appropriated to the Legal Services Corporation for basic field
programs for fiscal year 1996 that is received by the Native
American communities shall be not less than the proportion of
such funds appropriated for fiscal year 1995 that was received
by the Native American communities.
(b) As used in this section:
(1) The term ``individual in poverty'' means an individual who
is a member of a family (of 1 or more members) with an income at or
below the poverty line.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family
of the size involved.
Sec. 502. None of the funds appropriated in this Act to the Legal
Services Corporation shall be used by the Corporation to make a grant,
or enter into a contract, for the provision of legal assistance unless
the Corporation ensures that the person or entity receiving funding to
provide such legal assistance is--
(1) a private attorney admitted to practice in a State or the
District of Columbia;
(2) a qualified nonprofit organization, chartered under the
laws of a State or the District of Columbia, that--
(A) furnishes legal assistance to eligible clients; and
(B) is governed by a board of directors or other governing
body, the majority of which is comprised of attorneys who--
(i) are admitted to practice in a State or the District
of Columbia; and
(ii) are appointed to terms of office on such board or
body by the governing body of a State, county, or municipal
bar association, the membership of which represents a
majority of the attorneys practicing law in the locality in
which the organization is to provide legal assistance;
(3) a State or local government (without regard to section
1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42 U.S.C.
2996e(a)(1)(A)(ii)); or
(4) a substate regional planning or coordination agency that
serves a substate area and whose governing board is controlled by
locally elected officials.
Sec. 503. (a)(1) Not later than April 1, 1996, the Legal Services
Corporation shall implement a system of competitive awards of grants
and contracts for all basic field programs, which shall apply to all
such grants and contracts awarded by the Corporation after March 31,
1996, from funds appropriated in this Act.
(2) Any grant or contract awarded before April 1, 1996, by the
Legal Services Corporation to a basic field program for 1996--
(A) shall not be for an amount greater than the amount required
for the period ending March 31, 1996;
(B) shall terminate at the end of such period; and
(C) shall not be renewable except in accordance with the system
implemented under paragraph (1).
(3) The amount of grants and contracts awarded before April 1,
1996, by the Legal Services Corporation for basic field programs for
1996 in any geographic area described in section 501 shall not exceed
an amount equal to \3/12\ of the total amount to be distributed for
such programs for 1996 in such area.
(b) Not later than 60 days after the date of enactment of this Act,
the Legal Services Corporation shall promulgate regulations to
implement a competitive selection process for the recipients of such
grants and contracts.
(c) Such regulations shall specify selection criteria for the
recipients, which shall include--
(1) a demonstration of a full understanding of the basic legal
needs of the eligible clients to be served and a demonstration of
the capability of serving the needs;
(2) the quality, feasibility, and cost effectiveness of a plan
submitted by an applicant for the delivery of legal assistance to
the eligible clients to be served; and
(3) the experience of the Legal Services Corporation with the
applicant, if the applicant has previously received financial
assistance from the Corporation, including the record of the
applicant of past compliance with Corporation policies, practices,
and restrictions.
(d) Such regulations shall ensure that timely notice regarding an
opportunity to submit an application for such an award is published in
periodicals of local and State bar associations and in at least 1 daily
newspaper of general circulation in the area to be served by the person
or entity receiving the award.
(e) No person or entity that was previously awarded a grant or
contract by the Legal Services Corporation for the provision of legal
assistance may be given any preference in the competitive selection
process.
(f) For the purposes of the funding provided in this Act, rights
under sections 1007(a)(9) and 1011 of the Legal Services Corporation
Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not apply.
Sec. 504. (a) None of the funds appropriated in this Act to the
Legal Services Corporation may be used to provide financial assistance
to any person or entity (which may be referred to in this section as a
``recipient'')--
(1) that makes available any funds, personnel, or equipment for
use in advocating or opposing any plan or proposal, or represents
any party or participates in any other way in litigation, that is
intended to or has the effect of altering, revising, or
reapportioning a legislative, judicial, or elective district at any
level of government, including influencing the timing or manner of
the taking of a census;
(2) that attempts to influence the issuance, amendment, or
revocation of any executive order, regulation, or other statement
of general applicability and future effect by any Federal, State,
or local agency;
(3) that attempts to influence any part of any adjudicatory
proceeding of any Federal, State, or local agency if such part of
the proceeding is designed for the formulation or modification of
any agency policy of general applicability and future effect;
(4) that attempts to influence the passage or defeat of any
legislation, constitutional amendment, referendum, initiative, or
any similar procedure of the Congress or a State or local
legislative body;
(5) that attempts to influence the conduct of oversight
proceedings of the Corporation or any person or entity receiving
financial assistance provided by the Corporation;
(6) that pays for any personal service, advertisement,
telegram, telephone communication, letter, printed or written
matter, administrative expense, or related expense, associated with
an activity prohibited in this section;
(7) that initiates or participates in a class action suit;
(8) that files a complaint or otherwise initiates or
participates in litigation against a defendant, or engages in a
precomplaint settlement negotiation with a prospective defendant,
unless--
(A) each plaintiff has been specifically identified, by
name, in any complaint filed for purposes of such litigation or
prior to the precomplaint settlement negotiation; and
(B) a statement or statements of facts written in English
and, if necessary, in a language that the plaintiffs
understand, that enumerate the particular facts known to the
plaintiffs on which the complaint is based, have been signed by
the plaintiffs, are kept on file by the recipient, and are made
available to any Federal department or agency that is auditing
or monitoring the activities of the Corporation or of the
recipient, and to any auditor or monitor receiving Federal
funds to conduct such auditing or monitoring, including any
auditor or monitor of the Corporation:
Provided, That upon establishment of reasonable cause that an
injunction is necessary to prevent probable, serious harm to such
potential plaintiff, a court of competent jurisdiction may enjoin
the disclosure of the identity of any potential plaintiff pending
the outcome of such litigation or negotiations after notice and an
opportunity for a hearing is provided to potential parties to the
litigation or the negotiations: Provided further, That other
parties to the litigation or negotiation shall have access to the
statement of facts referred to in subparagraph (B) only through the
discovery process after litigation has begun;
(9) unless--
(A) prior to the provision of financial assistance--
(i) if the person or entity is a nonprofit
organization, the governing board of the person or entity
has set specific priorities in writing, pursuant to section
1007(a)(2)(C)(i) of the Legal Services Corporation Act (42
U.S.C. 2996f(a)(2)(C)(i)), of the types of matters and
cases to which the staff of the nonprofit organization
shall devote time and resources; and
(ii) the staff of such person or entity has signed a
written agreement not to undertake cases or matters other
than in accordance with the specific priorities set by such
governing board, except in emergency situations defined by
such board and in accordance with the written procedures of
such board for such situations; and
(B) the staff of such person or entity provides to the
governing board on a quarterly basis, and to the Corporation on
an annual basis, information on all cases or matters undertaken
other than cases or matters undertaken in accordance with such
priorities;
(10) unless--
(A) prior to receiving the financial assistance, such
person or entity agrees to maintain records of time spent on
each case or matter with respect to which the person or entity
is engaged;
(B) any funds, including Interest on Lawyers Trust Account
funds, received from a source other than the Corporation by the
person or entity, and disbursements of such funds, are
accounted for and reported as receipts and disbursements,
respectively, separate and distinct from Corporation funds; and
(C) the person or entity agrees (notwithstanding section
1009(d) of the Legal Services Corporation Act (42 U.S.C.
2996h(d)) to make the records described in this paragraph
available to any Federal department or agency that is auditing
or monitoring the activities of the Corporation or of the
recipient, and to any independent auditor or monitor receiving
Federal funds to conduct such auditing or monitoring, including
any auditor or monitor of the Corporation;
(11) that provides legal assistance for or on behalf of any
alien, unless the alien is present in the United States and is--
(A) an alien lawfully admitted for permanent residence as
defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20));
(B) an alien who--
(i) is married to a United States citizen or is a
parent or an unmarried child under the age of 21 years of
such a citizen; and
(ii) has filed an application to adjust the status of
the alien to the status of a lawful permanent resident
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), which application has not been rejected;
(C) an alien who is lawfully present in the United States
pursuant to an admission under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) (relating to refugee
admission) or who has been granted asylum by the Attorney
General under such Act;
(D) an alien who is lawfully present in the United States
as a result of withholding of deportation by the Attorney
General pursuant to section 243(h) of the Immigration and
Nationality Act (8 U.S.C. 1253(h));
(E) an alien to whom section 305 of the Immigration Reform
and Control Act of 1986 (8 U.S.C. 1101 note) applies, but only
to the extent that the legal assistance provided is the legal
assistance described in such section; or
(F) an alien who is lawfully present in the United States
as a result of being granted conditional entry to the United
States before April 1, 1980, pursuant to section 203(a)(7) of
the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)), as
in effect on March 31, 1980, because of persecution or fear of
persecution on account of race, religion, or political
calamity;
(12) that supports or conducts a training program for the
purpose of advocating a particular public policy or encouraging a
political activity, a labor or antilabor activity, a boycott,
picketing, a strike, or a demonstration, including the
dissemination of information about such a policy or activity,
except that this paragraph shall not be construed to prohibit the
provision of training to an attorney or a paralegal to prepare the
attorney or paralegal to provide--
(A) adequate legal assistance to eligible clients; or
(B) advice to any eligible client as to the legal rights of
the client;
(13) that claims (or whose employee claims), or collects and
retains, attorneys' fees pursuant to any Federal or State law
permitting or requiring the awarding of such fees;
(14) that participates in any litigation with respect to
abortion;
(15) that participates in any litigation on behalf of a person
incarcerated in a Federal, State, or local prison;
(16) that initiates legal representation or participates in any
other way, in litigation, lobbying, or rulemaking, involving an
effort to reform a Federal or State welfare system, except that
this paragraph shall not be construed to preclude a recipient from
representing an individual eligible client who is seeking specific
relief from a welfare agency if such relief does not involve an
effort to amend or otherwise challenge existing law in effect on
the date of the initiation of the representation;
(17) that defends a person in a proceeding to evict the person
from a public housing project if--
(A) the person has been charged with the illegal sale or
distribution of a controlled substance; and
(B) the eviction proceeding is brought by a public housing
agency because the illegal drug activity of the person
threatens the health or safety of another tenant residing in
the public housing project or employee of the public housing
agency;
(18) unless such person or entity agrees that the person or
entity, and the employees of the person or entity, will not accept
employment resulting from in-person unsolicited advice to a
nonattorney that such nonattorney should obtain counsel or take
legal action, and will not refer such nonattorney to another person
or entity or an employee of the person or entity, that is receiving
financial assistance provided by the Corporation; or
(19) unless such person or entity enters into a contractual
agreement to be subject to all provisions of Federal law relating
to the proper use of Federal funds, the violation of which shall
render any grant or contractual agreement to provide funding null
and void, and, for such purposes, the Corporation shall be
considered to be a Federal agency and all funds provided by the
Corporation shall be considered to be Federal funds provided by
grant or contract.
(b) Nothing in this section shall be construed to prohibit a
recipient from using funds from a source other than the Legal Services
Corporation for the purpose of contacting, communicating with, or
responding to a request from, a State or local government agency, a
State or local legislative body or committee, or a member thereof,
regarding funding for the recipient, including a pending or proposed
legislative or agency proposal to fund such recipient.
(c) Not later than 30 days after the date of enactment of this Act,
the Legal Services Corporation shall promulgate a suggested list of
priorities that boards of directors may use in setting priorities under
subsection (a)(9).
(d)(1) The Legal Services Corporation shall not accept any non-
Federal funds, and no recipient shall accept funds from any source
other than the Corporation, unless the Corporation or the recipient, as
the case may be, notifies in writing the source of the funds that the
funds may not be expended for any purpose prohibited by the Legal
Services Corporation Act or this title.
(2) Paragraph (1) shall not prevent a recipient from--
(A) receiving Indian tribal funds (including funds from private
nonprofit organizations for the benefit of Indians or Indian
tribes) and expending the tribal funds in accordance with the
specific purposes for which the tribal funds are provided; or
(B) using funds received from a source other than the Legal
Services Corporation to provide legal assistance to a covered
individual if such funds are used for the specific purposes for
which such funds were received, except that such funds may not be
expended by recipients for any purpose prohibited by this Act or by
the Legal Services Corporation Act.
(e) As used in this section:
(1) The term ``controlled substance'' has the meaning given the
term in section 102 of the Controlled Substances Act (21 U.S.C.
802).
(2) The term ``covered individual'' means any person who--
(A) except as provided in subparagraph (B), meets the
requirements of this Act and the Legal Services Corporation Act
relating to eligibility for legal assistance; and
(B) may or may not be financially unable to afford legal
assistance.
(3) The term ``public housing project'' has the meaning as used
within, and the term ``public housing agency'' has the meaning
given the term, in section 3 of the United States Housing Act of
1937 (42 U.S.C. 1437a).
Sec. 505. None of the funds appropriated in this Act to the Legal
Services Corporation or provided by the Corporation to any entity or
person may be used to pay membership dues to any private or nonprofit
organization.
Sec. 506. None of the funds appropriated in this Act to the Legal
Services Corporation may be used by any person or entity receiving
financial assistance from the Corporation to file or pursue a lawsuit
against the Corporation.
Sec. 507. None of the funds appropriated in this Act to the Legal
Services Corporation may be used for any purpose prohibited or contrary
to any of the provisions of authorization legislation for fiscal year
1996 for the Legal Services Corporation that is enacted into law. Upon
the enactment of such Legal Services Corporation reauthorization
legislation, funding provided in this Act shall from that date be
subject to the provisions of that legislation and any provisions in
this Act that are inconsistent with that legislation shall no longer
have effect.
Sec. 508. (a) The requirements of section 504 shall apply to the
activities of a recipient described in section 504, or an employee of
such a recipient, during the provision of legal assistance for a case
or matter, if the recipient or employee begins to provide the legal
assistance on or after the date of enactment of this Act.
(b) If the recipient or employee began to provide legal assistance
for the case or matter prior to the date of enactment of this Act--
(1) each of the requirements of section 504 (other than
paragraphs (7), (11), 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; and
(2) the requirements of paragraphs (7), (11), and (15) of
section 504(a) shall apply--
(A) beginning on the date of enactment of this Act, to the
activities of the recipient or employee during the provision of
legal assistance for any additional related claim for which the
recipient or employee begins to provide legal assistance on or
after such date; and
(B) beginning July 1, 1996, to all other activities of the
recipient or employee during the provision of legal assistance
for the case or matter.
(c) The Legal Services Corporation shall, every 60 days, submit to
the Committees on Appropriations of the Senate and House of
Representatives a report setting forth the status of cases and matters
referred to in subsection (b)(2).
Sec. 509. (a) An audit of each person or entity receiving financial
assistance from the Legal Services Corporation under this Act (referred
to in this section as a ``recipient'') shall be conducted in accordance
with generally accepted government auditing standards and shall report
whether--
(1) the financial statements of the recipient present fairly
its financial position and the results of its financial operations
in accordance with generally accepted accounting principles;
(2) the recipient has internal control systems to provide
reasonable assurance that it is managing funds, regardless of
source, in compliance with Federal laws and regulations; and
(3) the recipient has complied with Federal laws and
regulations applicable to funds received, regardless of source.
(b) In carrying out the requirements of subsection (a)(3), the
auditor shall select and test a representative number of transactions.
Any noncompliance found by the auditor during the audit under this
section shall be reported within 30 days to the Office of the Inspector
General.
(c) 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)).
(d) Notwithstanding section 1006(b)(3) of the Legal Services
Corporation Act (42 U.S.C. 2996e(b)(3)), the Legal Services Corporation
shall have access to financial records, time records, retainer
agreements, client trust fund and eligibility records, and client
names, for each recipient, except for reports or records subject to the
attorney-client privilege.
(e) The Legal Services Corporation shall not disclose any name or
document referred to in subsection (d), 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.
(f) The requirements of this section shall apply to a recipient for
its first fiscal year beginning on or after January 1, 1996.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended, $1,190,000.
Martin Luther King, Jr. Federal Holiday Commission
salaries and expenses
For necessary expenses of the Martin Luther King, Jr. Federal
Holiday Commission, as authorized by Public Law 98-399, as amended,
$350,000: Provided, That this shall be the final Federal payment to the
Martin Luther King, Jr. Federal Holiday Commission for operations and
necessary closing costs.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $287,738,000, of which $3,000,000 is for the
Office of Economic Analysis, to be headed by the Chief Economist of the
Commission, and of which not to exceed $10,000 may be used toward
funding a permanent secretariat for the International Organization of
Securities Commissions, and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations, appropriate representatives and staff to
exchange views concerning developments relating to securities matters,
development and implementation of cooperation agreements concerning
securities matters and provision of technical assistance for the
development of foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at such
consultations and meetings including: (i) such incidental expenses as
meals taken in the course of such attendance, (ii) any travel and
transportation to or from such meetings, and (iii) any other related
lodging or subsistence: Provided, That immediately upon enactment of
this Act, the rate of fees under section 6(b) of the Securities Act of
1933 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of one
percentum to one-twenty-ninth of one percentum, and such increase shall
be deposited as an offsetting collection to this appropriation, to
remain available until expended, to recover costs of services of the
securities registration process: Provided further, That the total
amount appropriated for fiscal year 1996 under this heading shall be
reduced as such fees are deposited to this appropriation so as to
result in a final total fiscal year 1996 appropriation from the General
Fund estimated at not more than $103,445,000: Provided further, That
any such fees collected in excess of $184,293,000 shall remain
available until expended but shall not be available for obligation
until October 1, 1996: Provided further, That $1,000,000 of the funds
appropriated for the Commission shall be available for the enforcement
of the Investment Advisers Act of 1940 in addition to any other
appropriated funds designated by the Commission for enforcement of such
Act.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103-403, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and
representation expenses, $219,190,000: Provided, That the Administrator
is authorized to charge fees to cover the cost of publications
developed by the Small Business Administration, and certain loan
servicing activities: Provided further, That notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be credited to
this account, to be available for carrying out these purposes without
further appropriations.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504),
$8,500,000.
business loans program account
For the cost of direct loans, $4,500,000, and for the cost of
guaranteed loans, $156,226,000, as authorized by 15 U.S.C. 631 note, of
which $1,216,000, to be available until expended, shall be for the
Microloan Guarantee Program, and of which $40,510,000 shall remain
available until September 30, 1997: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That during fiscal year 1996, commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958, as amended,
shall not exceed the amount of financings authorized under section
20(n)(2)(B) of the Small Business Act, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $92,622,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $34,432,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program, $71,578,000, which may be transferred to and merged with
the appropriations for Salaries and Expenses.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$2,530,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 510. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by The State Justice Institute Authorization Act of 1992
(Public Law 102-572 (106 Stat. 4515-4516)), $5,000,000 to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 605 (a) None of the funds provided under this Act, or provided
under previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
1996, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds or
personnel by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
reorganizes offices, programs, or activities; or (6) contracts out or
privatizes any functions or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such reprogramming of
funds.
(b) None of the funds provided under this Act, or provided under
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1996, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified fifteen days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on
religion, when it is made known to the Federal entity or official to
which such funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the Commission
on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for any cost
incurred for (1) opening or operating any United States diplomatic or
consular post in the Socialist Republic of Vietnam that was not
operating on July 11, 1995; (2) expanding any United States diplomatic
or consular post in the Socialist Republic of Vietnam that was
operating on July 11, 1995; or (3) increasing the total number of
personnel assigned to United States diplomatic or consular posts in the
Socialist Republic of Vietnam above the levels existing on July 11,
1995, unless the President certifies within 60 days, based upon all
information available to the United States Government that the
Government of the Socialist Republic of Vietnam is fully cooperating
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 peacekeeping mission, (2) that such
undertaking will involve United States Armed Forces under the command
or operational control of a foreign national, and (3) that the
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 recommendation.
Sec. 611. None of the funds made available in this Act shall be
used to provide the following amenities or personal comforts in the
Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates, or heating
elements; or
(5) the use or possession of any electric or electronic musical
instrument.
Sec. 612. None of the funds made available in title II for the
National Oceanic and Atmospheric Administration under the heading
``Fleet Modernization, Shipbuilding and Conversion'' may be used to
implement sections 603, 604, and 605 of Public Law 102-567.
Sec. 613. None of the funds made available in this Act may be used
for ``USIA Television Marti Program'' under the Television Broadcasting
to Cuba Act or any other program of United States Government television
broadcasts to Cuba, when it is made known to the Federal official
having authority to obligate or expend such funds that such use would
be inconsistent with the applicable provisions of the March 1995 Office
of Cuba Broadcasting Reinventing Plan of the United States Information
Agency.
Sec. 614. (a)(1) Section 5002 of title 18, United States Code, is
repealed.
(2) The table of sections for chapter 401 of title 18, United
States Code, is amended by striking out the item relating to the
Advisory Corrections Council.
(b) This section shall take effect 30 days after the date of the
enactment of this Act.
Sec. 615. Any costs incurred by a Department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this provision is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading,
$65,000,000 are rescinded.
DEPARTMENT OF STATE
Administration of Foreign Affairs
acquisition and maintenance of buildings abroad
(rescission)
Of the unobligated balances available under this heading,
$60,000,000 are rescinded.
RELATED AGENCIES
United States Information Agency
radio construction
(rescission)
Of the unobligated balances available under this heading,
$7,400,000 are rescinded.
TITLE VIII--PRISON LITIGATION REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ``Prison Litigation Reform Act of
1995''.
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) In General.--Section 3626 of title 18, United States Code, is
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
``(a) Requirements for Relief.--
``(1) Prospective relief.--(A) Prospective relief in any civil
action with respect to prison conditions shall extend no further
than necessary to correct the violation of the Federal right of a
particular plaintiff or plaintiffs. The court shall not grant or
approve any prospective relief unless the court finds that such
relief is narrowly drawn, extends no further than necessary to
correct the violation of the Federal right, and is the least
intrusive means necessary to correct the violation of the Federal
right. The court shall give substantial weight to any adverse
impact on public safety or the operation of a criminal justice
system caused by the relief.
``(B) The court shall not order any prospective relief that
requires or permits a government official to exceed his or her
authority under State or local law or otherwise violates State or
local law, unless--
``(i) Federal law permits such relief to be ordered in
violation of State or local law;
``(ii) the relief is necessary to correct the violation of
a Federal right; and
``(iii) no other relief will correct the violation of the
Federal right.
``(C) Nothing in this section shall be construed to authorize
the courts, in exercising their remedial powers, to order the
construction of prisons or the raising of taxes, or to repeal or
detract from otherwise applicable limitations on the remedial
powers of the courts.
``(2) Preliminary injunctive relief.--In any civil action with
respect to prison conditions, to the extent otherwise authorized by
law, the court may enter a temporary restraining order or an order
for preliminary injunctive relief. Preliminary injunctive relief
must be narrowly drawn, extend no further than necessary to correct
the harm the court finds requires preliminary relief, and be the
least intrusive means necessary to correct that harm. The court
shall give substantial weight to any adverse impact on public
safety or the operation of a criminal justice system caused by the
preliminary relief and shall respect the principles of comity set
out in paragraph (1)(B) in tailoring any preliminary relief.
Preliminary injunctive relief shall automatically expire on the
date that is 90 days after its entry, unless the court makes the
findings required under subsection (a)(1) for the entry of
prospective relief and makes the order final before the expiration
of the 90-day period.
``(3) Prisoner release order.--(A) In any civil action with
respect to prison conditions, no prisoner release order shall be
entered unless--
``(i) a court has previously entered an order for less
intrusive relief that has failed to remedy the deprivation of
the Federal right sought to be remedied through the prisoner
release order; and
``(ii) the defendant has had a reasonable amount of time to
comply with the previous court orders.
``(B) In any civil action in Federal court with respect to
prison conditions, a prisoner release order shall be entered only
by a three-judge court in accordance with section 2284 of title 28,
if the requirements of subparagraph (E) have been met.
``(C) A party seeking a prisoner release order in Federal court
shall file with any request for such relief, a request for a three-
judge court and materials sufficient to demonstrate that the
requirements of subparagraph (A) have been met.
``(D) If the requirements under subparagraph (A) have been met,
a Federal judge before whom a civil action with respect to prison
conditions is pending who believes that a prison release order
should be considered may sua sponte request the convening of a
three-judge court to determine whether a prisoner release order
should be entered.
``(E) The three-judge court shall enter a prisoner release
order only if the court finds by clear and convincing evidence
that--
``(i) crowding is the primary cause of the violation of a
Federal right; and
``(ii) no other relief will remedy the violation of the
Federal right.
``(F) Any State or local official or unit of government whose
jurisdiction or function includes the appropriation of funds for
the construction, operation, or maintenance of program facilities,
or the prosecution or custody of persons who may be released from,
or not admitted to, a prison as a result of a prisoner release
order shall have standing to oppose the imposition or continuation
in effect of such relief and to seek termination of such relief,
and shall have the right to intervene in any proceeding relating to
such relief.
``(b) Termination of Relief.--
``(1) Termination of prospective relief.--(A) In any civil
action with respect to prison conditions in which prospective
relief is ordered, such relief shall be terminable upon the motion
of any party or intervener--
``(i) 2 years after the date the court granted or approved
the prospective relief;
``(ii) 1 year after the date the court has entered an order
denying termination of prospective relief under this paragraph;
or
``(iii) in the case of an order issued on or before the
date of enactment of the Prison Litigation Reform Act, 2 years
after such date of enactment.
``(B) Nothing in this section shall prevent the parties from
agreeing to terminate or modify relief before the relief is
terminated under subparagraph (A).
``(2) Immediate termination of prospective relief.--In any
civil action with respect to prison conditions, a defendant or
intervener shall be entitled to the immediate termination of any
prospective relief if the relief was approved or granted in the
absence of a finding by the court that the relief is narrowly
drawn, extends no further than necessary to correct the violation
of the Federal right, and is the least intrusive means necessary to
correct the violation of the Federal right.
``(3) Limitation.--Prospective relief shall not terminate if
the court makes written findings based on the record that
prospective relief remains necessary to correct a current or
ongoing violation of the Federal right, extends no further than
necessary to correct the violation of the Federal right, and that
the prospective relief is narrowly drawn and the least intrusive
means to correct the violation.
``(4) Termination or modification of relief.--Nothing in this
section shall prevent any party or intervener from seeking
modification or termination before the relief is terminable under
paragraph (1) or (2), to the extent that modification or
termination would otherwise be legally permissible.
``(c) Settlements.--
``(1) Consent decrees.--In any civil action with respect to
prison conditions, the court shall not enter or approve a consent
decree unless it complies with the limitations on relief set forth
in subsection (a).
``(2) Private settlement agreements.--(A) Nothing in this
section shall preclude parties from entering into a private
settlement agreement that does not comply with the limitations on
relief set forth in subsection (a), if the terms of that agreement
are not subject to court enforcement other than the reinstatement
of the civil proceeding that the agreement settled.
``(B) Nothing in this section shall preclude any party claiming
that a private settlement agreement has been breached from seeking
in State court any remedy available under State law.
``(d) State Law Remedies.--The limitations on remedies in this
section shall not apply to relief entered by a State court based solely
upon claims arising under State law.
``(e) Procedure for Motions Affecting Prospective Relief.--
``(1) Generally.--The court shall promptly rule on any motion
to modify or terminate prospective relief in a civil action with
respect to prison conditions.
``(2) Automatic stay.--Any prospective relief subject to a
pending motion shall be automatically stayed during the period--
``(A)(i) beginning on the 30th day after such motion is
filed, in the case of a motion made under paragraph (1) or (2)
of subsection (b); or
``(ii) beginning on the 180th day after such motion is
filed, in the case of a motion made under any other law; and
``(B) ending on the date the court enters a final order
ruling on the motion.
``(f) Special Masters.--
``(1) In general.--(A) In any civil action in a Federal court
with respect to prison conditions, the court may appoint a special
master who shall be disinterested and objective and who will give
due regard to the public safety, to conduct hearings on the record
and prepare proposed findings of fact.
``(B) The court shall appoint a special master under this
subsection during the remedial phase of the action only upon a
finding that the remedial phase will be sufficiently complex to
warrant the appointment.
``(2) Appointment.--(A) If the court determines that the
appointment of a special master is necessary, the court shall
request that the defendant institution and the plaintiff each
submit a list of not more than 5 persons to serve as a special
master.
``(B) Each party shall have the opportunity to remove up to 3
persons from the opposing 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 partiality.
``(4) Compensation.--The compensation to be allowed to a
special master under this section shall be based on an hourly rate
not greater than the hourly rate established under section 3006A
for payment of court-appointed counsel, plus costs reasonably
incurred by the special master. Such compensation and costs shall
be paid with funds appropriated to the Judiciary.
``(5) Regular review of appointment.--In any civil action with
respect to prison conditions in which a special master is appointed
under this subsection, the court shall review the appointment of
the special master every 6 months to determine whether the services
of the special master continue to be required under paragraph (1).
In no event shall the appointment of a special master extend beyond
the termination of the relief.
``(6) Limitations on powers and duties.--A special master
appointed under this subsection--
``(A) may be authorized by a court to conduct hearings and
prepare proposed findings of fact, which shall be made on the
record;
``(B) shall not make any findings or communications ex
parte;
``(C) may be authorized by a court to assist in the
development of remedial plans; and
``(D) may be removed at any time, but shall be relieved of
the appointment upon the termination of relief.
``(g) Definitions.--As used in this section--
``(1) the term `consent decree' means any relief entered by the
court that is based in whole or in part upon the consent or
acquiescence of the parties but does not include private
settlements;
``(2) the term `civil action with respect to prison conditions'
means any civil proceeding arising under Federal law with respect
to the conditions of confinement or the effects of actions by
government officials on the lives of persons confined in prison,
but does not include habeas corpus proceedings challenging the fact
or duration of confinement in prison;
``(3) the term `prisoner' means any person subject to
incarceration, detention, or admission to any facility who is
accused of, convicted of, sentenced for, or adjudicated delinquent
for, violations of criminal law or the terms and conditions of
parole, probation, pretrial release, or diversionary program;
``(4) the term `prisoner release order' includes any order,
including a temporary restraining order or preliminary injunctive
relief, that has the purpose or effect of reducing or limiting the
prison population, or that directs the release from or nonadmission
of prisoners to a prison;
``(5) the term `prison' means any Federal, State, or local
facility that incarcerates or detains juveniles or adults accused
of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law;
``(6) the term `private settlement agreement' means an
agreement entered into among the parties that is not subject to
judicial enforcement other than the reinstatement of the civil
proceeding that the agreement settled;
``(7) the term `prospective relief' means all relief other than
compensatory monetary damages;
``(8) the term `special master' means any person appointed by a
Federal court pursuant to Rule 53 of the Federal Rules of Civil
Procedure or pursuant to any inherent power of the court to
exercise the powers of a master, regardless of the title or
description given by the court; and
``(9) the term `relief' means all relief in any form that may
be granted or approved by the court, and includes consent decrees
but does not include private settlement agreements.''.
(b) Application of Amendment.--
(1) In general.--Section 3626 of title 18, United States Code,
as amended by this section, shall apply with respect to all
prospective relief whether such relief was originally granted or
approved before, on, or after the date of the enactment of this
title.
(2) Technical amendment.--Subsections (b) and (d) of section
20409 of the Violent Crime Control and Law Enforcement Act of 1994
are repealed.
(c) Clerical Amendment.--The table of sections at the beginning
of subchapter C of chapter 229 of title 18, United States Code, is
amended to read as follows:
``3626. Appropriate remedies with respect to prison conditions.''.
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT.
(a) Initiation of Civil Actions.--Section 3(c) of the Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997a(c)) (referred
to in this section as the ``Act'') is amended to read as follows:
``(c) The Attorney General shall personally sign any complaint
filed pursuant to this section.''.
(b) Certification Requirements.--Section 4 of the Act (42 U.S.C.
1997b) is amended--
(1) in subsection (a)--
(A) by striking ``he'' each place it appears and inserting
``the Attorney General''; and
(B) by striking ``his'' and inserting ``the Attorney
General'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 Administrative
Grievance Procedure.--The failure of a State to adopt or adhere to an
administrative grievance procedure shall not constitute the basis for
an action under section 3 or 5 of this Act.
``(c) Dismissal.--(1) The court shall on its own motion or on the
motion of a party dismiss any action brought with respect to prison
conditions under section 1979 of the Revised Statutes of the United
States (42 U.S.C. 1983), or any other Federal law, by a prisoner
confined in any jail, prison, or other correctional facility if the
court is satisfied that the action is frivolous, malicious, fails to
state a claim upon which relief can be granted, or seeks monetary
relief from a defendant who is immune from such relief.
``(2) In the event that a claim is, on its face, frivolous,
malicious, fails to state a claim upon which relief can be granted, or
seeks monetary relief from a defendant who is immune from such relief,
the court may dismiss the underlying claim without first requiring the
exhaustion of administrative remedies.
``(d) 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 plaintiff's rights protected by a
statute pursuant to which a fee may be awarded under section 2 of
the Revised Statutes; and
``(B)(i) the amount of the fee is proportionately related to
the court ordered relief for the violation; or
``(ii) the fee was directly and reasonably incurred in
enforcing the relief ordered for the violation.
``(2) Whenever a monetary judgment is awarded in an action
described in paragraph (1), a portion of the judgment (not to exceed 25
percent) shall be applied to satisfy the amount of 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 correctional
facility, for mental or emotional injury suffered while in custody
without a prior showing of physical injury.
``(f) Hearings.--(1) To the extent practicable, in any action
brought with respect to prison conditions in Federal court pursuant to
section 1979 of the Revised Statutes of the United States (42 U.S.C.
1983), or any other Federal law, by a prisoner confined in any jail,
prison, or other correctional facility, pretrial proceedings in which
the prisoner's participation is required or permitted shall be
conducted by telephone, video conference, or other telecommunications
technology without removing the prisoner from the facility in which the
prisoner is confined.
``(2) Subject to the agreement of the official of the Federal,
State, or local unit of government with custody over the prisoner,
hearings may be conducted at the facility in which the prisoner is
confined. To the extent practicable, the court shall allow counsel to
participate by telephone, video conference, or other communications
technology in any hearing held at the facility.
``(g) Waiver of Reply.--(1) Any defendant may waive the right to
reply to any action brought by a prisoner confined in any jail, prison,
or other correctional facility under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) or any other Federal
law. Notwithstanding any other law or rule of procedure, such waiver
shall not constitute an admission of the allegations contained in the
complaint. No relief shall be granted to the plaintiff unless a reply
has been filed.
``(2) The court may require any defendant to reply to a complaint
brought under this section if it finds that the plaintiff has a
reasonable opportunity to prevail on the merits.
``(h) Definition.--As used in this section, the term `prisoner'
means any person incarcerated or detained in any facility who is
accused of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program.''.
(e) Report to Congress.--Section 8 of the Act (42 U.S.C. 1997f) is
amended by striking ``his report'' and inserting ``the report''.
(f) Notice to Federal Departments.--Section 10 of the Act (42
U.S.C. 1997h) is amended--
(1) by striking ``his action'' and inserting ``the action'';
and
(2) by striking ``he is satisfied'' and inserting ``the
Attorney General is satisfied''.
SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
(a) Filing Fees.--Section 1915 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``(a) Any'' and inserting ``(a)(1) Subject
to subsection (b), any'';
(B) by striking ``and costs'';
(C) by striking ``makes affidavit'' and inserting ``submits
an affidavit that includes a statement of all assets such
prisoner possesses'';
(D) by striking ``such costs'' and inserting ``such fees'';
(E) by striking ``he'' each place it appears and inserting
``the person'';
(F) by adding immediately after paragraph
(1), the following new paragraph:
``(2) A prisoner seeking to bring a civil action or appeal a
judgment in a civil action or proceeding without prepayment of fees or
security therefor, in addition to filing the affidavit filed under
paragraph (1), shall submit a certified copy of the trust fund account
statement (or institutional equivalent) for the prisoner for the 6-
month period immediately preceding the filing of the complaint or
notice of appeal, obtained from the appropriate official of each prison
at which the prisoner is or was confined.''; and
(G) by striking ``An appeal'' and inserting ``(3) An
appeal'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new
subsection:
``(b)(1) Notwithstanding subsection (a), if a prisoner brings a
civil action or files an appeal in forma pauperis, the prisoner shall
be required to pay the full amount of a filing fee. The court shall
assess and, when funds exist, collect, as a partial payment of any
court fees required by law, an initial partial filing fee of 20 percent
of the greater of--
``(A) the average monthly deposits to the 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.
``(3) In no event shall the filing fee collected exceed the amount
of fees permitted by statute for the commencement of a civil action or
an appeal of a civil action or criminal judgment.
``(4) In no event shall a prisoner be prohibited from bringing a
civil action or appealing a civil or criminal judgment for the reason
that the prisoner has no assets and no means by which to pay the
initial partial filing fee.'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (a) of this section'' and inserting
``subsections (a) and (b) and the prepayment of any partial filing
fee as may be required under subsection (b)''; and
(5) by amending subsection (e), as redesignated by paragraph
(2), to read as follows:
``(e)(1) The court may request an attorney to represent any person
unable to afford counsel.
``(2) Notwithstanding any filing fee, or any portion thereof, that
may have been paid, the court shall dismiss the case at any time if the
court determines that--
``(A) the allegation of poverty is untrue; or
``(B) the action or appeal--
``(i) is frivolous or malicious;
``(ii) fails to state a claim on which relief may be
granted; or
``(iii) seeks monetary relief against a defendant who is
immune from such relief.''.
(b) Exception to Discharge of Debt in Bankruptcy Proceeding.--
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (16), by striking the period at the end and
inserting ``; or''; and
(2) by adding at the end the following new paragraph:
``(17) for a fee imposed by a court for the filing of a case,
motion, complaint, or appeal, or for other costs and expenses
assessed with respect to such filing, regardless of an assertion of
poverty by the debtor under section 1915 (b) or (f) of title 28, or
the 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)
Judgment'';
(2) by striking ``cases'' and inserting ``proceedings''; and
(3) by adding at the end the following new paragraph:
``(2)(A) If the judgment against a prisoner includes the payment of
costs under this subsection, the prisoner shall be required to pay the
full amount of the costs ordered.
``(B) The prisoner shall be required to make payments for costs
under this subsection in the same manner as is provided for filing fees
under subsection (a)(2).
``(C) In no event shall the costs collected exceed the amount of
the costs ordered by the court.''.
(d) Successive Claims.--Section 1915 of title 28, United States
Code, is amended by adding at the end the following new subsection:
``(g) In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under this section if the
prisoner has, on 3 or more prior occasions, while incarcerated or
detained in any facility, brought an action or appeal in a court of the
United States that was dismissed on the grounds that it is frivolous,
malicious, or fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious physical
injury.''.
(e) Definition.--Section 1915 of title 28, United States Code, is
amended by adding at the end the following new subsection:
``(h) As used in this section, the term `prisoner' means any person
incarcerated or detained in any facility who is accused of, convicted
of, sentenced for, or adjudicated delinquent for, violations of
criminal law or the terms and conditions of parole, probation, pretrial
release, or diversionary program.''.
SEC. 805. JUDICIAL SCREENING.
(a) In General.--Chapter 123 of title 28, United States Code, is
amended by inserting after section 1915 the following new section:
``Sec. 1915A. Screening
``(a) Screening.--The court shall review, before docketing, if
feasible or, in any event, as soon as practicable after docketing, a
complaint in a civil action in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental entity.
``(b) Grounds for Dismissal.--On review, the court shall identify
cognizable claims or dismiss the complaint, or any portion of the
complaint, if the complaint--
``(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or
``(2) seeks monetary relief from a defendant who is immune from
such relief.
``(c) Definition.--As used in this section, the term `prisoner'
means any person incarcerated or detained in any facility who is
accused of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program.''.
(b) Technical Amendment.--The analysis for chapter 123 of title 28,
United States Code, is amended by inserting after the item relating to
section 1915 the following new item:
``1915A. Screening.''.
SEC. 806. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) No person convicted of a felony who is incarcerated while
awaiting sentencing or while serving a sentence may bring a civil
action against the United States or an agency, officer, or employee of
the Government, for mental or emotional injury suffered while in
custody without a prior showing of physical injury.''.
SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING
RESTITUTION ORDERS.
Any compensatory damages awarded to a prisoner in connection with a
civil action brought against any Federal, State, or local jail, prison,
or correctional facility or against any official or agent of such jail,
prison, or correctional facility, shall be paid directly to satisfy any
outstanding restitution orders pending against the prisoner. The
remainder of any such award after full payment of all pending
restitution orders shall be forwarded to the prisoner.
SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD.
Prior to payment of any compensatory damages awarded to a prisoner
in connection with a civil action brought against any Federal, State,
or local jail, prison, or correctional facility or against any official
or agent of such jail, prison, or correctional facility, reasonable
efforts shall be made to notify the victims of the crime for which the
prisoner was convicted and incarcerated concerning the pending payment
of any such compensatory damages.
SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCATION.
(a) In General.--Chapter 123 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1932. Revocation of earned release credit
``In any civil action brought by an adult convicted of a crime and
confined in a Federal correctional facility, the court may order the
revocation of such earned good time credit under section 3624(b) of
title 18, United States Code, that has not yet vested, if, on its own
motion or the motion of any party, the court finds that--
``(1) the claim was filed for a malicious purpose;
``(2) the claim was filed solely to harass the party against
which it was filed; or
``(3) the claimant testifies falsely or otherwise knowingly
presents false evidence or information to the court.''.
(b) Technical Amendment.--The analysis for chapter 123 of title 28,
United States Code, is amended by inserting after the item relating to
section 1931 the following:
``1932. Revocation of earned release credit.''.
(c) Amendment of Section 3624 of Title 18.--Section 3624(b) of
title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking the first sentence;
(B) in the second sentence--
(i) by striking ``A prisoner'' and inserting ``Subject
to paragraph (2), a prisoner'';
(ii) by striking ``for a crime of violence,''; and
(iii) by striking ``such'';
(C) in the third sentence, by striking ``If the Bureau''
and inserting ``Subject to paragraph (2), if the Bureau'';
(D) by striking the fourth sentence and inserting the
following: ``In awarding credit under this section, the Bureau
shall consider whether the prisoner, during the relevant
period, has earned, or is making satisfactory progress toward
earning, a high school diploma or an equivalent degree.''; and
(E) in the sixth sentence, by striking ``Credit for the
last'' and inserting ``Subject to paragraph (2), credit for the
last''; and
(2) by amending paragraph (2) to read as follows:
``(2) Notwithstanding any other law, credit awarded under this
subsection after the date of enactment of the Prison Litigation
Reform Act shall vest on the date the prisoner is released from
custody.''.
SEC. 810. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
title, the amendments made by this title, and the application of the
provisions of such to any person or circumstance shall not be affected
thereby.
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1996.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.