Text: H.R.2076 — 104th Congress (1995-1996)All Information (Except Text)

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Enrolled Bill

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing 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.

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