S.1594 - An original bill making omnibus consolidated rescissions and appropriations for the fiscal year ending September 30, 1996, and for other purposes.104th Congress (1995-1996)
|Sponsor:||Sen. Hatfield, Mark O. [R-OR] (Introduced 03/06/1996)|
|Committees:||Senate - Appropriations|
|Committee Reports:||S. Rept. 104-236|
|Latest Action:||Senate - 03/06/1996 Placed on Senate Legislative Calendar under General Orders. Calendar No. 343. (All Actions)|
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Summary: S.1594 — 104th Congress (1995-1996)All Information (Except Text)
Introduced in Senate (03/06/1996)
TABLE OF CONTENTS:
Title I: Omnibus Appropriations
Title I (sic): Department of Justice
Title II: Department of Commerce and Related Agencies
Title III: The Judiciary
Title IV: Department of State and Related Agencies
Title V: Related Agencies
Title VI: General Provisions
Title VII: Rescissions
Title VIII: Prison Litigation Reform
Title I (sic): Fiscal Year 1996 Appropriations
Title II: District of Columbia School Reform
Subtitle A: District of Columbia Reform Plan
Subtitle B: Public Charter Schools
Subtitle C: Even Start
Subtitle D: World Class Schools Task Force, Core
Curriculum, Content Standards, Assessments and
Subtitle E: Per Capita District of Columbia Public
School and Public Charter School Funding
Subtitle F: School Facilities Repair and Improvement
Subtitle G: Residential School
Subtitle H: Progress Reports and Accountability
Subtitle I: Partnerships with Business
Subtitle J: Management and Fiscal Accountability
Subtitle K: Personal Accountability and Preservation of
Subtitle L: Establishment and Organization of the
Commission on Consensus Reform in the District of
Columbia Public Schools
Subtitle M: Parent Attendance at Parent-Teacher
Title I (sic): Department of the Interior
Title II: Related Agencies
Title III: General Provisions
Title I (sic): Department of Labor
Title II: Department of Health and Human Services
Title III: Department of Education
Title IV: Related Agencies
Title V: General Provisions
Title I (sic): Department of Veterans Affairs
Title II: Department of Housing and Urban Development
Title III: Independent Agencies
Title IV: Corporations
Title V: General Provisions
Title II (sic): Emergency Supplemental Appropriations for
the Fiscal Year Ending September 30, 1996
Title III: Miscellaneous Provisions
Title IV: Contingency Appropriations
Omnibus Consolidated Rescissions and Appropriations Act of 1996 - Title I (sic): Omnibus Appropriations - Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 - Title I: Department of Justice - Department of Justice Appropriations Act, 1996 - Makes FY 1996 appropriations to the Department of Justice, including funding for the Community Relations Service, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Immigration and Naturalization Service, and the Federal Prison System.
(Sec. 114) Revises provisions of subtitle A (Violent Offender Incarceration and Truth in Sentencing Incentive Grants) of title II (Prisons) of the Violent Crime Control and Law Enforcement Act of 1994. Directs the Attorney General to provide grants to eligible States to build or expand: (1) correctional facilities to increase the prison bed capacity for the confinement of persons convicted of a "part 1 violent crime" (murder, non-negligent manslaughter, forcible rape, robbery, and aggravated assault) or adjudicated delinquent for an act which, if committed by an adult, would be a part 1 violent crime; (2) 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) jails.
Authorizes States to enter into regional compacts to carry out such provisions, subject to specified limitations. Specifies that an eligible State may receive either a general grant or a truth-in- sentencing incentive grant, with an exception. Sets forth general eligibility requirements.
Requires a State, to be eligible for a general grant, to submit an application to the Attorney General that provides assurances that such State has, since 1993, increased the percentage of persons convicted of a part 1 violent crime sentenced to prison, the average prison time actually to be served in prison by such persons, and 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 (with an indeterminant sentencing exception). Requires a State, to be eligible for a truth-in-sentencing incentive grant, to submit such an application providing assurances that: (1) such State has implemented truth-in-sentencing laws that require (or has enacted but has not yet implemented such laws that, within three years, will require) persons convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed; or (2) if the State practices indeterminate sentencing, such State demonstrates that the average time served equals at least 85 percent of the sentences established for such crimes under the State's sentencing and release guidelines (with exceptions for geriatric prisoners or those whose medical condition precludes them from posing a threat to the public 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).
Sets forth special rules regarding State: (1) sharing of funds with counties and other units of local government; (2) policies providing for the recognition of the rights and needs of crime victims; (3) use of funds to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders; and (4) use of funds for the privatization of correctional facilities.
Sets forth: (1) formulas for the Attorney General to apply in determining the amount of funds that may be granted to each eligible State; and (2) accountability requirements.
Authorizes appropriations. Sets forth provisions regarding the distribution, limitations on the use of, and matching requirements with respect to, grant funds.
Sets forth provisions regarding: (1) payments for incarceration on tribal lands; (2) payments to eligible States for incarceration of criminal aliens (and authorizes appropriations); (3) support of Federal prisoners in non-Federal institutions (and authorizes appropriations); and (4) reports by the Attorney General to the Congress.
Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1996 - Makes appropriations for FY 1996 for the Department of Commerce (Department) and related agencies and activities, including: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission and international trade activities; (3) export administration; (4) the Economic Development Administration; (5) minority business development; (6) economic and statistical analysis and administration; (7) the Bureau of the Census and related activities; (8) the National Telecommunications and Information Administration; (9) public broadcasting facilities, planning, and construction; (10) the Patent and Trademark Office; (11) the National Institute of Standards and Technology and related services and activities; (12) the National Oceanic and Atmospheric Administration (including a transfer of funds); (13) various government trust funds related to ocean and water resources development and activities; (14) technology policy and administration; and (15) the Office of the Inspector General.
Rescinds $75 million of amounts available to the National Institute of Standards and Technology for the construction of research facilities.
(Sec. 201) Allows advance payments to be made for authorized Department activities only upon certification by Department officials that such payments are in the public interest.
(Sec. 206) Directs the Secretary or other appropriate agency head, if legislation is enacted to dismantle or reorganize the Department, to report to the appropriations committees within 90 days thereafter a plan for transferring funds provided to the Department in this Act to the appropriate successor organizations. Authorizes the Secretary to use any available funds to carry out the legislation, including voluntary separation incentives if duly authorized.
(Sec. 207) Prohibits the use of funds appropriated under this title to implement specified provisions of the Endangered Species Act relating to the determination of endangered or threatened species, except to delist or reclassify species.
(Sec. 208) States that the transfer of title of the Rutland City Industrial Complex to Hilinex, Vermont, shall not require compensation to the Government for its share of such property.
(Sec. 209) Directs the Secretary to: (1) commence and complete a demolition of existing structures and an environmental cleanup of the Central Foundry Property in Holt, Alabama; and (2) transfer such property to the Tuscaloosa County Industrial Development Authority.
(Sec. 210) Requires 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 to be absorbed within the total budgetary resources available to such department or agency.
Title III: The Judiciary - Judiciary Appropriations Act, 1996 - Appropriates FY 1996 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Courts of Appeals, district courts, and other judicial services; (5) the Administrative Office of the United States Courts (Administrative Office); (6) the Federal Judicial Center; (7) Judicial Retirement Funds; and (8) the United States Sentencing Commission.
(Sec. 305) Revises provisions regarding judicial conferences of the circuits to allow (current law requires) the chief judge to summon judges to and preside at, and every judge to attend and remain throughout, such conferences.
Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1996 - Appropriates funds for FY 1996 for the Department of State and related agencies, activities, and programs, including: (1) diplomatic and consular programs; (2) the Capital Investment Fund; (3) the Office of the Inspector General; (4) payments to the Foreign Service Retirement and Disability Fund; (5) contributions to international organizations, peacekeeping activities, conferences and commissions; (6) a grant to the Asia Foundation; (7) the Arms Control and Disarmament Agency (ACDA); (8) the United States Information Agency (USIA); (9) the Eisenhower Exchange Fellowship Program Trust Fund; (10) the Israeli Arab Scholarship Program; (11) the American Studies Collections Endowment Fund; (12) international broadcasting operations, including broadcasting to Cuba; and (13) the National Endowment for Democracy.
(Sec. 401) Sets forth authorized and prohibited uses of funds appropriated under this Act.
(Sec. 404) Requires the Secretary of State and the Directors of USIA and ACDA, within 90 days after the enactment of legislation consolidating, reorganizing, or downsizing the functions of such department and agencies, to submit to the appropriations committees a proposal for transferring or rescinding funds appropriated herein for such consolidated functions. Authorizes such officials to use any available funds to cover the consolidation costs required by such legislation, including voluntary separation incentives duly authorized.
(Sec. 407) Amends the Eisenhower Exchange Fellowship Act to extend its Au Pair programs through FY 1999.
(Sec. 408) Repeals Federal provisions limiting the use of endowment trust income under the Eisenhower Exchange Fellowship Act.
(Sec. 409) Expresses the sense of the Senate that no funds made available under this Act should be used for the deployment of combat- equipped U.S. military personnel for any ground operations in Bosnia and Herzegovina, except in specific limited circumstances.
Title V: Related Agencies - Appropriates funds for FY 1996 for: (1) the Maritime Administration of the Department of Transportation; (2) the Commission for the Preservation of America's Heritage Abroad; (3) the Commission on Civil Rights; (4) the Commission on Immigration Reform; (5) the Commission on Security and Cooperation in Europe; (6) the Equal Employment Opportunity Commission; (7) the Federal Communications Commission; (8) the Federal Maritime Commission; (9) the Federal Trade Commission; (10) the Japan- United States Friendship Commission; (11) the Legal Services Corporation; (12) the Marine Mammal Commission; (13) the Martin Luther King, Jr. Federal Holiday Commission; (14) the Securities and Exchange Commission; (15) the Small Business Administration; (16) certain accounts and revolving funds; and (17) the State Justice Institute.
(Sec. 501) Places limitations on the use of funds by the Legal Services Corporation. Directs the Corporation to: (1) implement a system of competitive awards of grants and contracts that will apply to all contracts for the delivery of legal assistance awarded by the Corporation after March 31, 1996; and (2) promulgate regulations to implement a competitive selection process for the recipients of such grants and contracts. Prohibits the Corporation from: (1) engaging in litigation that is in any way intended to or has the effect of altering or revising any legislative, judicial, or elective district; (2) attempting in any way to influence the issuance of any executive order or regulation or the passage or defeat of any legislation; (3) bringing a class action suit against the Federal Government or any State; (4) providing assistance to any alien unless the alien is lawfully present in this country or meets other specified requirements; (5) supporting or conducting programs to advocate particular public policies or encourage political activities; or (6) participating in any litigation with respect to abortion or any prisoner. Sets forth prohibited uses of funds appropriated to the Corporation. Directs the Corporation to report every 60 days to the appropriations committees setting forth the status of certain legal assistance cases and matters brought through the Corporation. Requires an audit (containing specified information) to be conducted of each person or entity receiving financial assistance from the Corporation. Allows the Corporation access to appropriate legal and financial documents for purposes of such audits, while requiring appropriate confidentiality. Requires such audits for fiscal years beginning on or after January 1, 1996.
(Sec. 510) Provides authorized funds transfers, and transfer limits, for appropriations made to the Small Business Administration.
Title VI: General Provisions - Sets forth authorized and prohibited uses of funds appropriated by this Act.
(Sec. 607) Expresses the sense of the Congress that equipment and products purchased with funds from this Act should be American-made.
(Sec. 611) Prohibits the use of funds from this Act to provide specified amenities or personal comforts in the Federal prison system.
(Sec. 614) Amends the Federal criminal code to terminate the Advisory Corrections Council.
(Sec. 615) Requires 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 to be absorbed within the total budgetary resources available to such department or agency.
(Sec. 616) Repeals provisions of the Balanced Budget Downpayment Act, I which, among other things: (1) appropriate necessary amounts at a rate of operations provided for in the conference report on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, subject to exceptions; and (2) stipulate that, notwithstanding any other provision of such Act, the rate of operations only for program administration and the continuation of grants awarded in FY 1995 and prior years may be increased up to a level of 75 percent of the final FY 1995 appropriated amount for the Advanced Technology Program of the National Institute of Standards and Technology, and the Ounce of Prevention Council, Drug Courts, Global Learning and Observations to Benefit the Environment, and Cops on the Beat Program.
Title VII: Rescissions - Rescinds specified funds from unobligated balances within certain accounts of: (1) the Department of Justice; (2) the State Department; and (3) USIA.
Title VIII: Prison Litigation Reform - Prison Litigation Reform Act of 1995 - Revises Federal criminal code provisions regarding remedies for prison crowding to substitute provisions regarding remedies for prison conditions.
Prohibits: (1) prospective relief in any civil action regarding prison conditions from extending further than necessary to correct the violation of the Federal right of particular plaintiffs; and (2) the court from granting or approving any such relief unless that 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. Directs the court to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief.
Prohibits the court from ordering prospective relief that requires or permits a government official to exceed his or her authority under, or that otherwise violates, State or local law, unless: (1) Federal law permits such relief to be ordered in violation of State or local law; (2) the relief is necessary to correct the violation of a Federal right; and (3) no other relief will correct the violation of the Federal right.
Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief, which shall automatically expire 90 days after its entry, with exceptions. Directs the court to give substantial weight to any adverse impact on public safety or operation of a criminal justice system caused by the preliminary relief, and to respect principles of comity in tailoring any such relief.
Prohibits a prisoner release order from being entered unless: (1) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right and the defendant has had a reasonable amount of time to comply with the previous court orders; and (2) it is entered by a three-judge court, which finds by clear and convincing evidence that crowding is the primary cause of the violation and no other relief will remedy it.
Sets forth provisions regarding: (1) termination or modification of relief; (2) settlements; (3) State law remedies; (4) procedure for motions affecting prospective relief; and (5) the use of special masters.
(Sec. 803) Amends the Civil Rights of Institutionalized Persons Act to require the Attorney General to personally sign any complaint filed, or any certification or motion to intervene made, to initiate a civil action under the Act.
Revises provisions of the Act to prohibit any action from being brought by a prisoner with respect to prison conditions until available administrative remedies are exhausted. Specifies that the failure of a State to adopt or adhere to an administrative grievance procedure shall not constitute the basis for an action. Directs the court to dismiss any such action if satisfied that the action is frivolous or 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 (and authorizes the court, in such instances, to dismiss the underlying claim without first requiring exhaustion of administrative remedies).
Sets forth provisions regarding: (1) limits on the award of attorney's fees; (2) limits on recovery; (3) hearings; and (4) waiver of reply.
(Sec. 804) Amends the Federal judicial code to require a prisoner: (1) of a Federal, State, or local institution seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security to submit a certified copy of the prisoner's trust fund account statement for the six-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each institution at which the prisoner is or was confined; and (2) who brings a civil action or files an appeal in forma pauperis to pay the full amount of a filing fee (and directs the court to assess and, when funds exist, to collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average monthly balance in the prisoner's account for such six-month period).
Sets forth similar provisions regarding the payment of costs by the prisoner.
Revises provisions regarding the appointment of counsel in forma pauperis proceedings to require the court to dismiss the case at any time if the allegation of poverty is untrue or if the action or appeal is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief.
Makes an exception to the discharge of debt in a bankruptcy proceeding 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 or the debtor's status as a prisoner. Sets forth provisions regarding: (1) successive claims; (2) judicial screening of complaints in civil actions brought by prisoners against governmental entities; and (3) limits of Federal tort claims by prisoners.
(Sec. 807) Requires any compensatory damages award to a prisoner in connection with a civil action brought against any Federal, State, or local correctional facility or official or agent thereof to be paid directly to satisfy any outstanding restitution orders pending against the prisoner, with the remainder forwarded to the prisoner.
(Sec. 808) Provides for notice to crime victims of pending damage awards.
(Sec. 809) Authorizes the court to revoke earned release credit under specified circumstances.
Amends the Federal criminal code to: (1) direct the Bureau of Prisons, in awarding credit towards service of sentence for satisfactory behavior, to consider whether the prisoner has earned or is making satisfactory progress toward earning a high school diploma or an equivalent degree; and (2) provide that credit awarded after the date of enactment of this Act shall vest on the date the prisoner is released from custody.
Title I (sic): Fiscal Year 1996 Appropriations - District of Columbia Appropriations Act, 1996 - Makes appropriations for the District of Columbia Government for FY 1996, including funds for: (1) the Federal payment ($660 million); (2) the Federal contribution to the Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds ($52.07 million); and (3) the Federal contribution to education reform ($14.93 million).
Appropriates specified sums for the District of Columbia out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) education reform; (6) human support services; (7) public works; (8) repayment of specified loans and interest; (9) repayment of the general fund recovery debt; (10) repayment of interest on short-term borrowing; (11) the Rainy Day Fund; (12) the incentive buyout program; (13) outplacement services; (14) capital outlay (including rescissions); (15) the Water and Sewer Enterprise Fund and construction projects; (16) the Lottery and Charitable Games Enterprise Fund; (17) the Cable Television Enterprise Fund; (18) the Starplex Fund; (19) D.C. General Hospital; (20) the D.C. Retirement Board; (21) the Correctional Industries Fund; (22) the Washington Convention Center Enterprise Fund; and (23) the D.C. Financial Responsibility and Management Assistance Authority (Authority). Prohibits the use of revenues from Federal sources to support the Statehood Commission and Statehood Compact Commission. Requires the District to operate a free, 24-hour telephone information service where residents of the area surrounding Lorton prison can obtain information about all prison disturbances.
Requires the Mayor of the District to reduce appropriations and expenditures in specified amounts for: (1) nonpersonal services and personal services, including by decreasing rates of compensation for District government employees through the renegotiation of existing collective bargaining agreements and otherwise, if necessary; and (2) boards and commissions. Requires the Chief Financial Officer of the District, on behalf of the Mayor, to adjust appropriations and expenditures for personal and nonpersonal services, together with the related full-time equivalent positions, in accordance with the direction of the Authority to obtain a specified net reduction within or among one or several of the various appropriation headings in this Act.
(Sec. 101) Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act.
(Sec. 110) Requires that the annual budget for the District of Columbia government for FY 1997 be transmitted to the Congress by April 15, 1996, or as provided under the District of Columbia Financial Responsibility and Management Assistance Act of 1995.
(Sec. 123) Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1996, the FY 1996 revenue estimates.
(Sec. 130) Prohibits: (1) Federal funds provided under this Act from being used by the District to provide for salaries, expenses, or other costs associated with the offices of U.S. Senator or U.S. Representatives under the District of Columbia Statehood Constitutional Convention Initiatives of 1979; (2) any funds appropriated under this from being expended for any abortion unless it is necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest; or (3) any funds made available pursuant to this Act from being used to implement or enforce the District Domestic Partner Act (also called the District of Columbia Health Care Benefits Expansion Act of 1992) or any registration system for unmarried, cohabitating couples whether they are homosexual, lesbian, or heterosexual, including registration for the extension of employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples.
(Sec. 135) Amends the District of Columbia Real Property Tax Revision Act of 1974 to require the D.C. Council, if it extends the time to establish rates of taxation on real property for a tax year, to establish such rates by permanent legislation. Changes the date by which the Council should establish the rates from July 15 to October 15. Applies, during a tax year, the rates of taxation for the prior year if the rates are not established and the Council does not extend the time. Makes the real property tax rates for taxable real property in the District for FY 1996 the same rates in effect for FY 1994. Repeals provisions of the Act which require such rates to be those submitted by the Mayor or the D.C. Council.
(Sec. 137) Specifies reporting requirements for: (1) the Mayor (with respect to actions to effect the directives of the Council in this Act with respect to certain spending reductions); (2) the Board of Education; and (3) the University of the District of Columbia.
(Sec. 144) Prohibits an agency from filling a position wholly funded by appropriations authorized by this Act which is vacant on October 1, 1995, or which becomes vacant during FY 1996, unless the Mayor or the independent agency submits a proposed resolution of intent to fill the vacant position to the D.C. Council for approval or disapproval. Prohibits any reduction in the number of full-time equivalent positions or any reduction-in-force due to privatization or contracting out if the Authority disallows the full-time equivalent position reduction provided in this Act in meeting the specified ceiling of 35,984 for FY 1996. Allows the appropriate personnel authority to fill a vacant position with a District government employee currently occupying a position that is funded with appropriated funds. Exempts local school-based teachers, officers, teachers' aides, or certain D.C. court personnel.
(Sec. 147) Precludes the use of the funds provided in this Act for the renovation of property at 227 7th Street Southeast, Washington, D.C. (commonly known as Eastern Market), except for the regular maintenance and upkeep of its current structure and grounds.
(Sec. 149) Modifies D.C. reductions-in-force procedures to allow a personnel authority to establish lesser competitive areas within an agency on the basis of all or a clearly identifiable segment of an agency's mission or a division or major subdivision of an agency. Authorizes each agency head to identify positions for abolishment. Outlines procedures for abolishment of such positions for FY 1996.
(Sec. 150) Prohibits the total amount appropriated in this Act under the caption "Division of Expenses" for District operating expenses for FY 1996 from exceeding $4.994 billion, of which $165.339 million shall be from intra-District funds. Allows the Mayor to accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act. Prohibits acceptance, obligation, and expenditure of such grants until: (1) the Chief Financial Officer submits to the Authority a report setting forth detailed information regarding such grant; and (2) the Authority reviews and approves such action. Prohibits obligation or expenditure from the general fund or other funds of the District government in anticipation of approval or receipt of such grants not subject to this Act. Requires the Chief Financial Officer to report monthly to the D.C. Council and specified congressional committees on detailed information regarding all of such grants subject to this Act.
(Sec. 151) Requires the District, by March 15, 1996, to develop a series of alternative plans for the use and operation of the Lorton Correctional Complex, including plans under which the Complex will be closed, will remain in operation under the District's management, or will be operated under Federal or private management
(Sec. 152) Prohibits a person from joining in a petition to a District court for a decree of adoption unless the person is the petitioner's spouse. Allows an unmarried person to file a petition for adoption when no other person joins in the petition or where the co-petitioner is the natural parent of the child.
(Sec. 154) Establishes in the Water and Sewer Enterprise Fund: (1) the Operation and Maintenance Account to be used solely for funding the operation and maintenance of the Blue Plains Wastewater Treatment Facility and related waste water treatment works; and (2) an Environmental Protection Agency Grant Account to be used solely for purposes specified under the terms of the grants and appropriations involved.
Title II: District of Columbia School Reform - District of Columbia School Reform Act of 1995 - Subtitle A: District of Columbia Reform Plan - Requires the Superintendent of the District of Columbia public schools, with the approval of the Board of Education, to submit a long-term reform plan for the District's school system to the Mayor, the D.C. Council, the District of Columbia Financial Responsibility and Management Assistance Authority, the Commission on Consensus Reform in the District of Columbia public schools (established under subtitle L), and the appropriate congressional committees within 90 days after this Act's enactment and each February 15 thereafter. Requires each plan to be consistent with the financial plan and budget for the District for FY 1996 and each subsequent fiscal year, as the case may be, required under the District of Columbia Financial Responsibility and Management Assistance Act of 1995. Specifies areas to be addressed, measurement and deadline requirements, and goals for the plans, including: (1) improving the health and safety of students; and (2) providing after-school programs offering such activities as arts classes, physical fitness programs, and community service.
Subtitle B: Public Charter Schools - Prescribes the process for filing charter petitions with respect to an eligible applicant seeking to: (1) convert an existing District public, private, or independent school into a public charter school; or (2) establish a public charter school in the District.
(Sec. 2202) Lists the contents of public charter school petitions, including a description of the proposed scope and size of the school's program, any special area of focus for the school, the employment relationship between the school and its employees, and assurances that the school will seek and maintain accreditation and licensing. Sets forth provisions regarding: (1) the process for approving or denying petitions (permits approval of up to ten petitions for the 1996-1997 academic year and up to five for each year thereafter); (2) duties, powers, and other requirements of such schools (prohibits the schools from charging tuition, fees, or other mandatory payments, except to nonresident students or for field trips or similar activities and requires the schools to be nonsectarian and unaffiliated with a sectarian school or religious institution); (3) the Boards of Trustees of such schools; (4) student admission, enrollment, and withdrawal; (5) transfers, creditable service, and retirement concerns of District public school employees who work for public charter schools; (6) reduced fares on public transportation for the schools' students; and (7) the provision of services, such as facilities maintenance, to public charter schools by the Superintendent of D.C. schools.
(Sec. 2210) Considers a public charter school, for any fiscal year, to be a local educational agency (LEA) for purposes of the Elementary and Secondary Education Act of 1965 (ESEA) and makes the school eligible for assistance under ESEA if the ratio of low-income students to all students in the school equals or exceeds the lowest of such ratio for an eligible public school. Provides for the allocation of ESEA assistance between eligible District public charter schools and public schools for FY 1996 through 1998. Requires the Secretary of Education to calculate such allocations for FY 1999 and there after according to a specified formula based on the numbers of low-income students served. Prohibits the Board of Education from directing a public charter school in the school's use of such funds. Exempts the public charter schools from specified ESEA provisions and from District property and sales taxes.
Directs each public charter school to elect to be treated as an LEA or a District public school for purposes of specified provisions of the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973.
(Sec. 2211) Outlines the powers and duties of eligible chartering authorities.
(Sec. 2212) Requires a charter granted to a public charter school to be in force for a five-year period. Allows renewal of such charter for an unlimited number of times (each for a five-year period).
(Sec. 2213) Permits an eligible chartering authority that has granted a charter to a public charter school to revoke the charter if the authority determines that the school has committed a violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in the charter.
(Sec. 2214) Establishes a Public Charter School Board within the District government.
Authorizes appropriations for FY 1996 through 2000.
(Sec. 2215) Encourages the following Federal agencies and federally established entities to explore whether it is feasible for the agency or entity to establish one or more public charter schools and to report such determination on the feasibility to the appropriate congressional committees: (1) the Library of Congress; (2) the National Aeronautics and Space Museum; (3) the Drug Enforcement Administration; (4) the National Science Foundation; (5) the Department of Justice; (6) the Department of Defense; (7) the Department of Education; and (8) the Smithsonian Institution, including the National Zoological Park, the National Museum of American History, the John F. Kennedy Center for the Performing Arts, and the National Gallery of Art.
Subtitle C: Even Start - Amends ESEA to authorize appropriations for FY 1996 through 2000 for the purpose of carrying out Even Start programs in the District.
Requires the Secretary to provide grants, on a competitive basis, to eligible entities to enable them to carry out District Even Start programs that build on the findings of the National Evaluation of the Even Start Family Literacy Program, such as providing intensive services in early childhood education, parent training, and adult literacy or education. Limits such grants to eight for FY 1996, 14 for FY 1997, 20 for each of FY 1998 and 1999, and 20 or such number as the Secretary determines appropriate for FY 2000, taking into account the results of evaluations described in ESEA.
Defines "eligible entity" as a partnership composed of at least: (1) a District public school: (2) the LEA in existence on September 1, 1995, for the District, any other public organization, or an institution of higher education as defined in the Higher Education Act of 1965; and (3) a private nonprofit community-based organization.
Directs the Secretary to allocate specified amounts of authorized appropriations for District Even Start programs to: (1) enter into a contract with the National Center for Family Literacy for the provision of technical assistance to eligible entities; and (2) provide for evaluations to determine the effectiveness of such programs in providing high quality family literacy services.
Subtitle D: World Class Schools Task Force, Core Curriculum, Content Standards, Assessments, and Promotion Gates - Part 1: World Class Schools Task Force, Core Curriculum, Content Standards, and Assessments - Authorizes the Superintendent to award a grant to a World Class Schools Task Force to enable the Task Force to recommend to the Superintendent, the Board of Education, and the District of Columbia Goals Panel: (1) content standards in the core academic subjects that are developed by working with the District community (requires such standards to be developed within 12 months after this Act's enactment); (2) a core curriculum (which includes the teaching of computer skills) developed by working with the D.C. community; (3) district-wide assessments for measuring student achievement in accordance with such content standards; and (4) model professional development programs for teachers using the standards and curriculum.
Encourages the Task Force, to the extent practicable, to develop district-wide assessments that permit comparison among: (1) individual D.C. public schools and public charter schools and individual students attending such schools; and (2) students of other nations.
(Sec. 2415) Authorizes appropriations for FY 1996.
Part 2: Promotion Gates - Requires the Superintendent, within one year of the adoption of the assessments, to establish and implement promotion gates: (1) for mathematics, reading, and writing for at least one grade level from kindergarten through grade four, including at least grade four, and to establish dates for establishing such other promotion gates for other subject areas; (2) with respect to at least one grade level from grades five through eight, including at least grade eight; and (3) with respect to at least one grade level from grades nine through 12, including grade 12.
Subtitle E: Per Capita District of Columbia Public School and Public Charter School Funding - Requires the Mayor, for FY 1997 and each fiscal year thereafter, to make annual payments to the Board of Education for the operating expenses of the District public schools and charter schools from the general fund of the District in accordance with a specified formula based on the number of students in public schools and public charter schools.
(Sec. 2502) Sets forth provisions which require reports by: (1) each public school and charter school to the Mayor and the Board of Education of the calculation of the number of students enrolled in each grade from kindergarten through grade 12; (2) the Board of Education to the Authority, the Mayor, the D.C. Council, the Consensus Commission, the Comptroller General of the United States, and appropriate congressional committees which summarize the most recent calculations; and (3) the Authority on an independent audit of such initial calculations.
(Sec. 2503) Sets forth provisions providing for transition funding for District public charter schools.
Subtitle F: School Facilities Repair and Improvement - Part 1: School Facilities - Requires the Administrator of the General Services Administration to enter into a Memorandum of Agreement or Understanding with the Superintendent regarding the terms under which the Administrator will provide technical assistance and related services with respect to District public schools facilities management.
Authorizes the Administrator to accept and use a conditioned gift made for the express purpose of repairing or improving the District public schools, except that the Administrator shall not be required to carry out such repairs or improvements unless he or she accepts a donation sufficient to cover the costs of the repairs or improvements.
(Sec. 2552) Requires the Mayor and the D.C. Council, within 24 months after the Agreement is signed and in consultation with the Administrator, the Authority, the Board of Education, and the Superintendent to: (1) design and implement a comprehensive long-term program for the repair and improvement, and maintenance and management, of the District public school facilities; and (2) designate a new or existing agency or authority within the District government to administer the program.
(Sec. 2553) Authorizes appropriations to the Administrator for FY 1996 for the costs of engineering plans.
Part 2: Waivers - Allows voluntary donation of materials and services for the repair and improvement of District school facilities.
Waives, with respect to any contractor, subcontractor, and any other group, entity, or individual who donates materials and services for the repair or improvement of a District public school facility, all District fees and all requirements contained in the document entitled "District of Columbia Public Schools Standard Contract Provisions" published by the District public schools for use with construction or maintenance projects for purposes of repair and improvement of such facilities for a period beginning on this Act's enactment date and ending 24 months after such date.
Part 3: Gifts, Donations, Bequests, and Devises - Allows a District public school or public charter school to accept directly from any person a gift, donation, bequest, or devise of any property, real or personal, without regard to any District law or regulation.
Subtitle G: Residential School - Authorizes the Superintendent to develop a plan that meets specified requirements to establish for the District a residential school for academic year 1997-1998 and to assist in the startup of such school.
Authorizes appropriations for FY 1996 to develop the plan and for 1997 for capital costs associated with the startup of the school, including the purchase of real and personal property and the renovation or construction of facilities.
Makes the school an eligible institution for the purposes of scholarships awarded under this Act.
Subtitle H: Progress Reports and Accountability - Requires the Superintendent to report to the appropriate congressional committees, the Board of Education, the Mayor, the Consensus Commission, and the D.C. Council on the progress of the District public schools toward achieving the goals of the long-term reform plan.
(Sec. 2652) Requires the Chairperson of the D.C. Council to report to such committees on legislative and other actions the Council has taken or will take to facilitate the implementation of the goals of such plan.
Subtitle I: Partnerships with Business - Requires the Superintendent to provide a grant to a private, nonprofit corporation which shall: (1) establish the District Education and Learning Technologies Advancement Council; (2) in conjunction with the Superintendent, students, parents, and teachers, implement strategies to ensure access to state-of-the-art educational technology within the District public schools and public charter schools; (3) assist the Superintendent in acquiring the necessary equipment, including computer hardware and software, to establish an electronic data transfer system and in training District public school employees in using such equipment; (4) establish the District Employment and Learning Center to serve as a regional institute providing job training and employment assistance; (5) establish initiatives with the District public schools and public charter schools, appropriate governmental agencies, and businesses and other private entities to facilitate the integration of rigorous academic studies with workforce preparation programs in District public schools and public charter schools; (6) establish a consortium for the purpose of establishing a program for the professional development of teachers and school administrators employed by the District public schools and public charter schools; (7) provide matching funds, or in-kind contributions, or a combination thereof, for the purposes of carrying out such duties; and (8) establish the Jobs for District of Columbia Graduates Program to assist District public schools and public charter schools in organizing and implementing a school-to-work transition system to give priority to providing assistance to at-risk and disadvantaged youths.
(Sec. 2705) Requires the corporation, to the extent practicable, to provide matching funds, or in-kind contributions, or a combination thereof, for the purposes of carrying out such duties.
(Sec. 2708) Authorizes appropriations for FY 1996 through 1998.
(Sec. 2709) Terminates on October 1, 1998, the authority to provide assistance to the corporation or any other entity established by it. Expresses the sense of the Congress that: (1) the corporation's activities under this Act should continue to be carried out after such date with resources made available from the private sector; and (2) the corporation should provide oversight and coordination for such activities after such date.
Subtitle J: Management and Fiscal Accountability - Requires the Board of Education: (1) to enter into a contract for academic year 1995 through 1996 and each succeeding academic year for the provision of all food services operations and security services for District public schools, unless the Superintendent determines that it is not feasible and provides such reasons in writing to the Board and to the Authority; and (2) for academic year 1995 through 1996, to consult with the Authority on the development of new management and data systems, as well as training of personnel to use and manage the systems in areas of budget, finance, personnel and human resources, management information services, procurement, supply management, and other systems recommended by the Authority.
(Sec. 2752) Sets forth provisions with respect to the Board of Education regarding: (1) annual reporting requirements on positions and employees of the D.C. public school system; (2) annual budgets and budget revisions; (3) read-only access to its internal financial management systems and all other data bases to designated staff of the Mayor, the Council, the Authority, and appropriate congressional committees; and (4) development of its FY 1997 budget request.
Subtitle K: Personal Accountability and Preservation of School- Based Resources - Prohibits a reduction in the full-time equivalent positions for school-based teachers, principals, counselors, librarians, or other school-based educational positions that were established as of the end of FY 1995, unless the Authority determines, based on student enrollment that: (1) fewer school-based positions are needed to maintain established pupil-to-staff ratios; or (2) reductions in positions for other than school-based employees are not practicable.
Defines "school-based educational position" as a position located at a District public school or other position providing direct support to students at such a school such as a position for a clerical, stenographic, or secretarial employee, but not any part-time educational aide position.
(Sec. 2802) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to modify the Board of Education's reduction-in-force procedures to prohibit the Board from requiring or permitting nonschool-based personnel or school administrators to be assigned or reassigned to the same competitive level as classroom teachers.
(Sec. 2803) Makes the evaluation process and instruments for evaluating District public school employees a nonnegotiable item for collective bargaining purposes.
(Sec. 2804) Provides that such an employee shall be: (1) classified as an educational service employee; (2) placed under the Board's personnel authority; and (3) subject to all Board rules.
Subtitle L: Establishment and Organization of the Commission on Consensus Reform in the District of Columbia Public Schools - Establishes within the District government a Commission on Consensus Reform in the District of Columbia Public Schools to: (1) identify and suggest ways to remove obstacles to implementation of the long- term reform plan; (2) assist in developing programs that lower the dropout rate and that ensure that public school students achieve basic literacy, critical thinking, and communication skills; (3) assist in developing district-wide skills assessments; (4) make recommendations to improve community, parent, and business involvement in public schools; (5) recommend ways to increase student involvement and attention; and (6) assist in establishing procedures that ensure that every student is provided necessary employment skills, including the development of individual career paths.
(Sec. 2854) Requires any student who is required to serve a suspension from classes at a District public school outside the school, to perform community service.
(Sec. 2855) Allows the Commission to examine and request the Inspector General of the District of Columbia or the Authority to audit: (1) Board of Education records to ensure, monitor, and evaluate the Board's performance with respect to compliance with the long-term reform plan and such plan's overall educational achievement; and (2) records of any public charter school to assure, monitor and evaluate the performance of the school with respect to the content standards and district-wide assessment.
Subtitle M: Parent Attendance at Parent-Teacher Conferences - Authorizes the Mayor to implement a policy which encourages all District residents with children attending a District public school to attend and participate in at least one parent-teacher conference every 90 days during the academic year.
Department of the Interior and Related Agencies Appropriations Act, 1996 - Title I (sic): Department of the Interior - Makes appropriations for the FY 1996 operation of the Department of the Interior.
Prohibits this Act's funds being spent by the National Park Service for activities in direct response to the United Nations Biodiversity Initiative in the United States.
Authorizes the National Park Service (NPS) to transfer NPS funds to State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations to carry out NPS programs.
Directs the National Park Service to conduct a Feasibility Study for a northern access route into Denali National Park and Preserve in Alaska.
Restricts or regulates: (1) the use of this Act's research resources funds regarding the Endangered Species Act; and (2) activities and funding relating to the National Biological Survey.
Provides funding for the closure of the U.S. Bureau of Mines, transferring specified functions to the Secretary of Energy.
Sets forth the uses and limitations for such appropriations, including use of Bureau of Indian Affairs school system funds.
Provides for a report concerning Indian tribes and their compliance with provisions of the Indian Gaming Regulatory Act.
(Sec. 109) Repeals the Outer Banks Protection Act.
(Sec. 118) Sets forth provisions affecting the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands concerning infrastructure assistance.
Title II: Related Agencies - Makes appropriations for FY 1996 for the Department of Agriculture for the Forest Service. Prohibits the use of funds to implement any reorganization or "reinvention" of the Forest Service.
Makes appropriations for the Department of Energy for, among other things, fossil energy research and development, the Strategic Petroleum Reserve (SPR), and the SPR Account.
Makes appropriations to the Department of Health and Human Services for the Indian Health Service for Indian health services and facilities.
Appropriates funds to: (1) the Department of Education for the Office of Elementary and Secondary Education for Indian Education; (2) the Office of Navajo and Hopi Relocation; (3) the Institute of American Indian and Alaska Native Culture and Arts Development; (4) the Smithsonian Institution; (5) construction and improvements at the National Zoological Park; (6) restoration and repair of buildings owned or occupied by the Smithsonian Institution; (7) the National Gallery of Art; (8) the John F. Kennedy Center for the Performing Arts; and (9) the Woodrow Wilson International Center for Scholars.
Makes appropriations for: (1) the National Foundation on the Arts and the Humanities; (2) the Institute of Museum Services; (3) the Commission of Fine Arts; (4) National Capital arts and cultural affairs; (5) the Advisory Council on Historic Preservation; (6) the National Capital Planning Commission; (7) the Franklin Delano Roosevelt Memorial Commission; and (8) the U.S. Holocaust Memorial Council.
Requires that funds made available in previous years for the Pennsylvania Avenue Development Corporation be available for operating and administrative expenses and for the orderly closure of the Corporation. Rescinds $2.172 million.
Sets forth uses and prohibitions on such funds.
Title III: General Provisions - Sets forth uses and limitations of funds appropriated by this Act.
(Sec. 307) Requires expenditures under this Act to comply with the Buy American Act. Expresses the sense of the Congress that entities receiving Federal assistance should purchase only American-made equipment and products. Prohibits Federal contracts with persons found to have falsely labeled a product with a "Made in America" inscription.
(Sec. 312) Prohibits any funds from this Act from being used for the AmeriCorps program.
(Sec. 313) Mandates dissolution of the Pennsylvania Avenue Development Corporation.
(Sec. 314) Regulates use of any Act's funds for the Interior Columbia Basin Ecosystem Management Project.
(Sec. 315) Directs the Secretary of the Interior and the Secretary of Agriculture to implement a fee program to demonstrate the feasibility of user-generated cost recovery for the operation and maintenance of recreation areas or sites and habitat enhancement projects on Federal lands.
(Sec. 322) Prohibits, with exceptions, use of this Act's funds to accept or process applications for a patent for any mining or mill site claim located under the general mining laws.
(Sec. 324) Prohibits funding the Office of Forestry and Economic Development after December 31, 1995.
(Sec. 326) Provides for a land exchange in Washington State. Authorizes appropriations as necessary to carry out this Act.
(Sec. 327) Provides for the establishment of the Timber Sales Pipeline Restoration Fund.
(Sec. 328) Places limitations on the type of grant awards that can be made by the National Endowment for the Arts.
(Sec. 329) Delays the implementation of regulations concerning livestock grazing on lands administered by the Forest Service.
(Sec. 330) Increases penalties for the use of a hazardous or injurious device on Federal or Indian lands.
(Sec. 331) Prohibits, notwithstanding any other provision of law, the use of funds available to the National Endowment for the Arts pursuant to this Act to promote, disseminate, sponsor, or produce any material or performance that: (1) denigrates the religious objects or religious beliefs of the adherents of a particular religion; or (2) depicts or describes, in a patently offensive way, sexual or excretory activities or organs. Requires that this prohibition be strictly applied without regard to the content or viewpoint of the material or performance.
(Sec. 333) Prohibits using this Act's funds to review or modify sourcing areas previously approved under specified provisions of the Forest Resources Conservation and Shortage Relief Act of 1990 or to enforce or implement specified Federal regulations. Prohibits adoption of policies that would restrain domestic transportation or processing of timber from private lands or impose additional accountability requirements on any timber.
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 - Title I (sic): Department of Labor - Department of Labor Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies within the Department of Labor. Rescinds unobligated advances to the Employment Security Administration account of the Unemployment Trust Fund.
Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies within the Department of Health and Human Services. Rescinds existing and makes new appropriations for low income home energy assistance, designating certain of the new appropriations as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1985 and making those funds available only on a formal presidential budget request that designates the request as an emergency requirement under that Act.
Provides limitations on the use of appropriated funds.
(Sec. 207) Requires a transfer of funds for the security protection of the Secretary of Health and Human Services.
(Sec. 209) Rescinds amounts for Disease Control, Research, and Training under the Centers for Disease Control and Prevention.
Title III: Department of Education - Department of Education Appropriations Act, 1996 - Makes appropriations for FY 1996 for agencies and programs within the Department of Education.
Sets forth general provisions relating to the use of appropriated funds.
(Sec. 301) Prohibits appropriated funds from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school or school system; or (2) carry out a racial desegregation plan.
(Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in the public schools.
Title IV: Related Agencies - Makes appropriations for FY 1996 for the following agencies or programs: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Social Security Administration; (15) Railroad Retirement Board; and (16) United States Institute of Peace.
Title V: General Provisions - Sets forth provisions on the use of the appropriated funds.
(Sec. 505) Prohibits the use of funds to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the Surgeon General determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs.
(Sec. 506) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and funds purchased under this Act should be American-made.
(Sec. 507) Imposes a disclosure requirement on grantees receiving Federal funds.
(Sec. 508) Prohibits the use of funds to perform abortions except to save the life of the mother or where the pregnancy is the result of rape or incest.
(Sec. 509) Permits States to not perform abortions, except where the life of the mother would be endangered if the fetus were carried to term.
(Sec. 510) Sets forth limitations on the use of appropriated funds.
Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 - Title I (sic): Department of Veterans Affairs - Makes appropriations for FY 1996 to the Department of Veterans Affairs. Provides for the use of such appropriations. Sets forth various administrative provisions, including specified limitations, with respect to availability, transfers, and use of such appropriations.
(Sec. 103) Prohibits availability of such appropriations for: (1) purchase of any site for or toward the construction of any new hospital or home (except the appropriations for construction of major or minor projects or the parking revolving fund); and (2) hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement is made to the appropriation at rates fixed by the Secretary of Veterans Affairs.
(Sec. 108) Authorizes the Secretary to transfer jurisdiction and control of certain land in Wichita, Kansas, to the Secretary of Transportation.
Title II: Department of Housing and Urban Development - Makes appropriations for FY 1996 to the Department of Housing and Urban Development (HUD). Provides for the use of such appropriations.
(Sec. 201) Amends the United States Housing Act of 1937 (USHA), as amended by the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995, to authorize public housing agencies to provide modernization assistance to mixed-income developments.
(Sec. 203) Provides for conversion of certain public housing to vouchers.
Requires each PHA to: (1) identify any distressed public housing developments that meet specified criteria; and (2) develop and carry out a plan in conjunction with the Secretary for their removal from the PHA inventory and the annual contributions contract, over a period of up to five years (with possible extensions for up to another five years in certain circumstances).
Directs the Secretary to make authority available to a PHA to provide section 8 tenant-based assistance to families residing in any development that is removed from the PHA inventory and the annual contributions contract.
Requires each conversion plan to require the PHA to notify and counsel families residing in such a development, and ensure that they are offered tenant-based or project-based assistance and relocated, as necessary, to other decent, safe, sanitary, and affordable housing which is, to the maximum extent practicable, housing of their choice.
(Sec. 204) Repeals a "take one-take all" requirement under USHA that a housing owner who accepts a Section 8 voucher holder as a tenant must accept all others. Exempts housing unit owners participating in the certificate and voucher programs from certain notice requirements relating to rent increases or termination of their assistance payment contracts with a PHA. Limits certain requirements to the duration of a lease.
(Sec. 206) Directs the Secretary to conduct a demonstration program under which up to 30 selected PHAs (including Indian housing authorities) may administer the public or Indian housing program and the section 8 housing assistance payments program in ways which are designed to reduce costs and achieve greater cost-effectiveness in Federal expenditures, provide incentives for heads of households to become economically self-sufficient, and increase housing choices for lower-income families.
(Sec. 208) Amends the Multifamily Housing Finance Improvement Act, under the housing and Community Development Act of 1992, to extend the risk-sharing and housing finance agency pilot demonstration programs but reduce the number of units involved in such programs during FY 1996.
(Sec. 209) Authorizes the Secretary of HUD to delegate, during FY 1996, to one or more entities the authority to carry out some or all of the Secretary's responsibilities and functions in connection with the foreclosure of HUD-held mortgages under the National Housing Act (NHA).
(Sec. 210) Authorizes the Secretary, during FY 1996, to sell or otherwise transfer multifamily mortgages held by the Secretary under the National Housing Act to State housing finance agencies, in connection with the risk-sharing or the housing finance agency pilot demonstration program under the Housing and Community Development Act of 1992, without regard to certain unit limitations.
(Sec. 211) Amends section 8 of the USHA to provide for the transfer of budget authority. Directs the Secretary, if a section 8 assistance contract, other than a contract for tenant-based assistance, is terminated, not renewed, or expires, to transfer any budget authority remaining in that contract to another contract, in order to provide continued assistance to eligible families, including those receiving the benefit of the project-based assistance at the time of the termination.
(Sec. 212) Makes certain amendments (made by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995) relating to documentation of multifamily refinancings under the National Housing Act effective during FY 1996 and thereafter.
(Sec. 213) Directs the Secretary, in FY 1996 and 1997, to initiate a demonstration program with respect to multifamily projects: (1) whose owners agree to participate; (2) whose mortgages are insured under the NHA and assisted under section 8 of the USHA; and (3) whose present section 8 rents are, in the aggregate, exceed the fair market rent of the locality in which the project is located. Requires these programs to be designed to test the feasibility and desirability of the goal of ensuring, to the maximum extent practicable, that the debt service and operating expenses, including adequate reserves, attributable to such multifamily projects can be supported with or without mortgage insurance under the NHA and with or without above-market rents and utilizing project-based assistance or, with the consent of the property owner, tenant-based assistance, while taking into account the need for assistance of low and very low-income families in such projects. Authorizes the Secretary to use arrangements with third parties, under which the Secretary may provide for their assumption of some or all of the Secretary's functions, obligations, and benefits. Sets forth goals and demonstration approaches for such programs.
Authorizes the Secretary to: (1) manage and dispose of multifamily properties and multifamily mortgages for properties assisted under section 8 with rents above 110 percent of fair market rents; and (2) delegate to one or more entities the authority to carry out some or all of the Secretary's functions and responsibilities in connection with the foreclosure of mortgages held under the NHA.
Authorizes the Secretary, subject to the consent of specified parties, to: (1) remove, relinquish, extinguish, modify, or agree to the removal of any mortgage, regulatory agreement, project-based assistance contract, use agreement, or restriction that had been imposed or required by the Secretary, including restrictions on distributions of income which would interfere with the ability of the project to operate without above market rents; (2) require an owner of a property assisted under the section 8 new construction-substantial rehabilitation program to apply any accumulated residual receipts toward effecting program purposes; (3) enter into contracts to purchase reinsurance, or enter into participations or otherwise transfer economic interest in contracts of insurance or in the premiums paid, or due to be paid, on such insurance to third parties; (4) offer project-based assistance with rents at or below fair market rents for the locality and negotiate other terms acceptable to the Secretary and the project owner; (5) offer to pay all or a portion of the project's debt service, including payments monthly from the appropriate Insurance Fund, for the full remaining term of the insured mortgage; (6) forgive and cancel any mortgage debt insured by the Federal Housing Administration (FHA) that a demonstration program property cannot carry at market rents while bearing full operating costs; and (7) for demonstration program properties that cannot carry full operating costs (excluding debt service) at market rents, approve project-based rents sufficient to carry such full operating costs (and offer to pay the full debt service in the specified manner).
Directs the Secretary to develop procedures to provide appropriate and timely notice to local government officials, the community, and the tenants of the project.
Limits such demonstration program authority with respect to mortgages to not more than 15,000 units. Prohibits the expansion of such demonstration until specified reports are submitted to the Congress.
Appropriates funds for the cost of modifying loans held or guaranteed by the Federal Housing Administration (FHA).
(Sec. 217) Requires all remaining obligated and unobligated balances in the Renewal of Expiring Section 8 Subsidy Contracts account on September 30, 1995, to be transferred to and merged with the obligated and unobligated balances, respectively, of the Annual Contributions for Assisted Housing account.
(Sec. 218) Directs the Secretary to cancel the indebtedness of the Hubbard Hospital Authority of Hubbard, Texas, of the Groveton Texas Hospital Authority, and of the Hepzibah Public Service District of Hepzibah, West Virginia, relating to specified public facilities loans under title II of the Housing Amendments of 1955.
(Sec. 219) Determines the Paul Mirabile Center, San Diego, California, to satisfy HUD continuum care requirements. Treats such Center as entirely residential rental property consisting solely of residential units used exclusively to facilitate the transition of homeless individuals to independent living within 24 months. (Sec. 220) Limits to no more than seven Assistant Secretaries and 77 schedule C and 20 non-career senior executive service employees the number of such Assistant Secretaries and employees in HUD by the end of FY 1996.
(Sec. 221) Requires specified funds to be made available to: (1) the County of San Bernardino in California to assist with the expansion of the Los Padrinos Gang Intervention Program and the Unity Home Domestic Violence Shelter (from remaining funds made available to Bethlehem House in Highland, California, for site planning and loan acquisition); and (2) the University of Toledo in Toledo, Ohio, for the renovation and rehabilitation of an industrial building (from specified funds for removal of asbestos from an abandoned public school building in that city).
(Sec. 222) Amends the Residential Lead-Based Paint Hazard Reduction Act of 1992 to revise eligibility criteria to determine which housing qualifies for lead-based paint abatement grants.
(Sec. 223) Amends USHA to repeal the six-year limitation on the extension period for Federal sharing of utility cost savings with PHAs under the program of annual contributions for operation of low-income housing.
(Sec. 223A) Amends NHA, with respect to the housing program for moderate income and displaced families, to extend through FY 1996 the period for mortgage note sales.
(Sec. 223B) Amends the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1988 to repeal the prohibition (Frost-Leland) against the use of funds for demolishing certain historic buildings in Dallas and Houston, Texas.
(Sec. 223D) Prohibits the use of any funds in this Act: from being used: (1) by the Secretary to impose any sanction or penalty because of the enactment of any State or local law or regulation declaring English as the official language; or (2) for lobbying activities as prohibited by law.
(Sec. 223E) Transfers to the Department of Justice all HUD functions, activities, and responsibilities relating to title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and the Fair Housing Act, including any rights guaranteed under the Fair Housing Act and any functions relating to the Fair Housing Initiatives program under the Housing and Community Development Act of 1987, along with adequate personnel and resources allocated to any such activity.
(Sec. 224) Prohibits the use of any funds provided in this Act during FY 1996 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of non-frivolous legal action, that is engaged in solely for the purposes of achieving or preventing action by a Government official, entity, or court of competent jurisdiction.
(Sec. 225) Prohibits the use of any funds provided in this Act to take any enforcement action with respect to a complaint of discrimination under the Fair Housing Act on the basis of familial status and which involves an occupancy standard established by the housing provider, except to the extent that it is found that there has been discrimination in contravention of the standards provided a specified HUD Memorandum, or until such time that HUD issues a final rule.
(Sec. 226) Amends the Housing and Community Development Act of 1974 with respect to the eligibility of housing reconstruction costs for expenditure of Community Development Block Grant funds.
Title III: Independent Agencies - Makes appropriations for FY 1996 to the: (1) American Battle Monuments Commission; (2) Community development Financial Institutions Fund; (3) Consumer Product Safety Commission; (4) Corporation for National and Community Service (including transfer of funds); (5) Court of Veterans Appeals; (6) Department of Defense-Civil for cemeterial expenses, Army; (7) Environmental Protection Agency; (8) Executive Office of the President for the Office of Science and Technology Policy; (9) Council on Environmental Quality and Office of Environmental Quality; (10) Federal Emergency Management Agency (FEMA); (11) General Services Administration for the Consumer Information Center; (12) National Aeronautics and Space Administration; (13) National Credit Union Administration for the obligations of the Central Liquidity Facility; (14) National Science Foundation; (15) Neighborhood Reinvestment Corporation; and (16) Selective Service System.
Authorizes exemption from categorical pretreatment standards under the Federal Water Pollution Control Act, if specified conditions are met, of an industrial discharger that is a pharmaceutical manufacturing facility which discharged to the Kalamazoo Water Reclamation Plant (an advanced wastewater treatment plant with activated carbon) before enactment of this Act.
Requires the Director of FEMA to promulgate a methodology, based on specified criteria, for assessment and collection of fees applicable to persons subject to the FEMA radiological emergency preparedness regulations. Authorizes such fee assessment and collection only during FY 1996.
(Sec. 301) Prohibits EPA use of any funds provided in this Act to: (1) carry out any final action by the EPA Administrator or delegate for promulgation of a rule concerning any new standard for radon in drinking water; (2) sign, promulgate, implement or enforce a proposed regulation relating to individual foreign refinery baseline requirements for reformulated gasoline; (3) implement a provision of the Federal Water Pollution Control Act (or any pending EPA action to implement such provision) for denial or restriction of the use of defined areas as disposal sites for dredged or fill material; or (4) implement specified requirements of the Clean Air Act with respect to any moderate nonattainment area in which the average daily winter temperature is below 0 degrees Fahrenheit. Declares that this last prohibition does not preclude EPA assistance to the State of Alaska to make progress toward meeting the carbon monoxide standard in such areas and to resolve remaining issues regarding the use of oxygenated fuels in such areas.
(Sec. 305) Provides for the transfer of property and the making of a grant for the creation of the Center for Ecology, Research, and Training in Bay City, Michigan.
Title IV: Corporations - Authorizes certain corporations and agencies of HUD to make commitments without regard to fiscal year limitations as necessary to carry out provisions under the Government Corporation Control Act. Allows any collections by such corporations and agencies to be used for new loan or mortgage purchase commitments to the extent provided under this Act, with specified exceptions.
Makes funds available for the Office of Inspector General of the Resolution Trust Corporation.
Title V: General Provisions - Specifies certain uses, limitations, and prohibitions on uses of funds appropriated by this Act.
(Sec. 514) Requires FY 1996 pay raises to be absorbed within the levels appropriated in this Act.
(Sec. 516) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made.
(Sec. 517) Prohibits the use of funds to implement any cap on reimbursements to grantees for indirect costs, except as published in a specified Office of Management and Budget Circular.
(Sec. 519) Requires the Director of FEMA to sell the disaster housing inventory of mobile homes and trailers, and deposit the proceeds in the Treasury.
(Sec. 520) Requires that funds necessary to terminate the Office of Consumer Affairs be made available from funds appropriated to the Department of Health and Human Services for FY 1996.
Title II (sic): Emergency Supplemental Appropriations for the Fiscal Year Ending September 30, 1996 - Makes supplemental appropriations to: (1) the Department of Agriculture for the Natural Resources Conservation Service, the Consolidated Farm Service Agency, the Rural Housing and Community Development Service, and the Rural Utilities Service; (2) the Department of Commerce for the Economic Development Administration and the National Oceanic and Atmospheric Administration; (3) the Small Business Administration; (4) the Department of the Army for the Corps of Engineers-Civil; (5) the Department of the Interior for the Bureau of Reclamation, the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, the U.S. Geological Service, and the Bureau of indian Affairs; (6) the Department of Agriculture for the National Forest System; (7) the Department of Transportation for the Office of the Secretary, the Federal Highway Administration, the Federal Railroad Administration, and the Federal Transit Administration; (8) the Department of Housing and Urban Development for Community development grants; (9) the Federal Emergency Management Agency for disaster relief; (10) the President for assistance for Eastern Europe and the Baltic States and for foreign military financing for grants for Jordan; (11) the Department of Defense for military personnel, operation and maintenance, procurement, and for the North Atlantic Treaty Organization security investment program. Rescinds specified funds for: (1) missile procurement, other procurement, and research, development, test and evaluation, Air Force.
Title III: Miscellaneous Provisions - Permits the President to make available funds for population planning programs under titles II and IV of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996, under specified circumstances.
(Sec. 3002) Amends the Interjurisdictional Fisheries Act of 1986 to revise provisions relating to Department of Commerce grants to commercial fishermen for losses resulting from Hurricanes, Hugo, Andrew, or Iniki.
(Sec. 3003) Sets forth provisions concerning Bonneville Power Administration refinancing.
(Sec. 3005) Sets forth provisions concerning funds apportioned to the State of Vermont for a specified surface transportation program.
Title IV: Contingency Appropriations - Makes appropriations, in addition to funds provided elsewhere in this Act to: (1) the Department of Commerce for the National Institute of Standards and Technology; (2) the Department of State for administration of foreign affairs, contributions to international organizations, and contributions for international peacekeeping activities; (3) the Legal Services Corporation; (4) the Department of the Interior for the Bureau of Land Management, the National Park Service, and the Bureau of Indian Affairs; (5) the Department of Energy for energy conservation; (6) the Department of Labor under specified headings found elsewhere in this Act; (7) the department of Veterans Affairs; (8) the Department of Housing and Urban Development; (9) the Environmental Protection Agency; (10) the National Aeronautics and Space Administration; and (11) the National Science Foundation.