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CONGRESSIONAL RECORD—HOUSE H3842

VIEWS: 73 PAGES: 202

									H3842                                 CONGRESSIONAL RECORD — HOUSE                                                  April 25, 1996
to meet with Secretary Christopher. I       the country on a path to a balanced         make a further downpayment toward a
think we will watch the events in the       budget in 7 years.                          balanced budget, and for other pur-
Middle East very, very closely, and I         But remember, colleagues, that that       poses:
am glad that peace seems to be moving       only deals with the one-third side of           CONFERENCE REPORT (H. REPT. 104–537)
forward.                                    the Federal budget which is discre-           The committee of conference on the dis-
                                            tionary spending. We have this other        agreeing votes of the two Houses on the
                                            two-thirds over here which is called        amendment of the Senate to the bill (H.R.
 SUCCESSFUL END TO 1996 FISCAL              mandatory spending, and it is the enti-     3019) ‘‘making appropriations for fiscal year
                  YEAR                      tlement programs which have been on         1996 to make a further downpayment toward
  The Speaker pro tempore. Under a          automatic pilot for years and growing       a balanced budget, and for other purpses,’’
previous order of the House, the gen-       as a result at an unsustainable rate.       having met, after full and free conference,
tleman from California [Mr. RIGGS] is                                                   have agreed to recommend and do rec-
                                              Mr. Speaker, I simply want to con-
                                                                                        ommend to their respective Houses as fol-
recognized for 5 minutes.                   clude my remarks by saying that the         lows:
  Mr. RIGGS. Mr. Speaker, I simply          problem with the Medicare trust funds         That the House recede from its disagree-
want to stand before the House and          is not going to go away. I introduce for    ment to the amendment of the Senate, and
point out that we are on the verge of a     the RECORD today two editorials that        agree to the same with an amendment, as
truly historic vote here over the next      have appeared in northern California        follows:
couple of hours. I believe that this        newspapers, one appearing in The New          In lieu of the matter stricken and inserted,
body, in a bipartisan manner, will vote                                                 insert:
                                            York Times’ own Santa Rosa Press
later this afternoon to approve House                                                   That the following sums are appropriated, out
                                            Democrat saying, ‘‘Politics As Usual        of any money in the Treasury not otherwise ap-
Resolution 3019, which is the omnibus       Won’t Save Medicare,’’ and the second       propriated, and out of applicable corporate or
appropriations spending bill, and that      appearing on the more liberal editorial     other revenues, receipts, and funds, for the sev-
that legislation will mark the end, the     page of the San Francisco Chronicle,        eral departments, agencies, corporations, and
successful end to the 1996 Federal fiscal   ‘‘Medicare Trust Fund Needs Swift At-       other organizational units of the Government
year.                                       tention,’’ with the excerpt, ‘‘Medicare’s   for the fiscal year 1996, and for other purposes,
  What makes this such a signal event       Hospital Trust Fund is in even worse        namely:
and such a historic occasion is the fact    shape than officials projected last                TITLE I—OMNIBUS APPROPRIATIONS
that this bill, coupled with the spend-     year.’’                                        SEC. 101. (a) For programs, projects or activi-
ing cuts that were made last year in          It is very clear from these editorials,   ties in the Departments of Commerce, Justice,
fiscal year 1995 combined, will equal       from The New York Times article on          and State, the Judiciary, and Related Agencies
savings to the taxpayer of $32 billion,     February 5 of this year and then just       Appropriations Act, 1996, provided as follows, to
resulting in the lowest projected defi-     earlier this week, April 23, that the       be effective as if it had been enacted into law as
cit in 14 years and the single largest                                                  the regular appropriations Act:
                                            Medicare trust fund is losing money at
cut in Government spending since                                                                               AN ACT
                                            an alarming rate. There is clearly a
World War II. So I think it is safe to                                                     Making appropriations for the Departments of
                                            trend developing here. We know from
                                                                                        Commerce, Justice, and State, the Judiciary,
say that this legislation reverses dec-     the media really, not from the Clinton      and related agencies for the fiscal year ending
ades before of runaway Federal Govern-      administration but the media, that the      September 30, 1996, and for other purposes.
ment spending.                              Medicare trust fund lost $35.7 million           TITLE I—DEPARTMENT OF JUSTICE
  I want to point out that this legisla-    last year and so far this year, in fiscal               GENERAL ADMINISTRATION
tion follows what we could have consid-     year 1996, has lost $4.2 billion.                        SALARIES AND EXPENSES
ered to be setbacks last year, the de-        So the point and the message here to        For expenses necessary for the administration
feat in the other body, the U.S. Senate,    my colleagues and to the American           of the Department of Justice, $74,282,000; includ-
by one vote of the constitutional bal-      people is that Medicare is going broke      ing not to exceed $3,317,000 for the Facilities
anced budget amendment; the Presi-          faster than expected. The President did     Program 2000, and including $5,000,000 for man-
dent’s veto last year of the House-Sen-     the wrong thing when he vetoed last         agement and oversight of Immigration and Nat-
ate passed 7-year balanced budget plan.     year the only serious plan to reform        uralization Service activities, both sums to re-
But we did not let those temporary set-                                                 main available until expended: Provided, That
                                            Medicare. That is the plan that we put
                                                                                        not to exceed 48 permanent positions and 55
backs deter from us our primary goal,       forward in this body and in the Senate      full-time equivalent workyears and $7,477,000
which was to put the country on the         which would have increased Medicare         shall be expended for the Department Leader-
path to a balanced budget in 7 years or     spending per Medicare recipient from        ship Program, exclusive of augmentation that
less.                                       $4,800 today to $7,300 7 years from now,    occurred in these offices in fiscal year 1995: Pro-
  As I look down at my fellow appro-        increased Medicare spending, increased      vided further, That not to exceed 76 permanent
priator, the gentleman from New York        Medicare health care choices for Medi-      positions and 90 full-time equivalent workyears
[Mr. FORBES], I recall that going into      care recipients, and save the program       and $9,487,000 shall be expended for the Offices
these budget negotiations last year we                                                  of Legislative Affairs, Public Affairs and Policy
                                            from bankruptcy.
really said a couple things. One, we                                                    Development: Provided further, That the latter
                                              So this is a problem that is not going    three aforementioned offices shall not be aug-
said the Social Security trust fund         to go away. The program is continuing       mented by personnel details, temporary trans-
would be off-budget, now and forever.       to head towards bankruptcy because          fers of personnel on either a reimbursable or
No more borrowing from the Social Se-       the congressional Democrats and the         non-reimbursable basis or any other type of for-
curity trust fund to pay for other Fed-     President himself are choosing politics     mal or informal transfer or reimbursement of
eral spending or to mask the true size      or playing politics instead of joining      personnel or funds on either a temporary or
of the Federal budget deficit.              with us in a bipartisan fashion to ad-      long-term basis.
  Secondly, we said in the negotiations                                                             COUNTERTERRORISM FUND
                                            dress this very real problem.
themselves, between the principles, we                                                    For necessary expenses, as determined by the
                                              The President should not have vetoed
would have two conditions and two                                                       Attorney General, $16,898,000, to remain avail-
                                            the Medicare Preservation Act. He           able until expended, to reimburse any Depart-
conditions only: first, the budget would    should have in fact signed it. I dare say   ment of Justice organization for (1) the costs in-
have to be balanced in 7 years; and,        that if BOB DOLE was President, he          curred in reestablishing the operational capabil-
second, we would have to balance the        would sign this very important legisla-     ity of an office or facility which has been dam-
budget using honest numbers provided        tion.                                       aged or destroyed as a result of the bombing of
by the nonpartisan Congressional                                                        the Alfred P. Murrah Federal Building in Okla-
Budget Office. No more budget gim-                                                      homa City or any domestic or international ter-
micks or smoke and mirrors.                 CONFERENCE REPORT ON H.R. 3019,             rorist incident, (2) the costs of providing support
  So we have done that. In this legisla-      BALANCED BUDGET DOWN PAY-                 to counter, investigate or prosecute domestic or
                                              MENT ACT, II                              international terrorism, including payment of
tion that we will be taking up within a
                                                                                        rewards in connection with these activities, and
matter of minutes now, we will have           Mr. LIVINGSTON submitted the fol-         (3) the costs of conducting a terrorism threat as-
achieved and then some the first-year       lowing conference report and state-         sessment of Federal agencies and their facilities:
spending reduction targets, the first-      ment on the bill (H.R. 3019) making ap-     Provided, That funds provided under this sec-
year deficit reduction targets to put       propriations for fiscal year 1996 to        tion shall be available only after the Attorney
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                       H3843
General notifies the Committees on Appropria-        tion 6601 of the Omnibus Budget Reconciliation       28 U.S.C. 589a(a), to remain available until ex-
tions of the House of Representatives and the        Act, 1989, as amended by Public Law 101–512          pended, for activities authorized by section 115
Senate in accordance with section 605 of this        (104 Stat. 1289).                                    of the Bankruptcy Judges, United States Trust-
Act.                                                   In addition, for Salaries and Expenses, Gen-       ees, and Family Farmer Bankruptcy Act of 1986
     ADMINISTRATIVE REVIEW AND APPEALS               eral Legal Activities, $12,000,000 shall be made     (Public Law 99–554), which shall be derived from
  For expenses necessary for the administration      available to be derived by transfer from unobli-     the United States Trustee System Fund: Pro-
of pardon and clemency petitions and immigra-        gated balances of the Working Capital Fund in        vided, That deposits to the Fund are available
tion related activities, $38,886,000: Provided,      the Department of Justice.                           in such amounts as may be necessary to pay re-
That the obligated and unobligated balances of        VIOLENT CRIME REDUCTION PROGRAMS, GENERAL           funds due depositors: Provided further, That,
funds previously appropriated to the General                         LEGAL ACTIVITIES                     notwithstanding any other provision of law, not
Administration, Salaries and Expenses appro-           For the expeditious deportation of denied asy-     to exceed $44,191,000 of offsetting collections de-
priation for the Executive Office for Immigra-       lum applicants, as authorized by section 130005      rived from fees collected pursuant to section
tion Review and the Office of the Pardon Attor-      of Public Law 103–322, $7,591,000, to remain         589a(f) of title 28, United States Code, as amend-
ney shall be merged with this appropriation.         available until expended, which shall be derived     ed, shall be retained and used for necessary ex-
      VIOLENT CRIME REDUCTION PROGRAMS,              from the Violent Crime Reduction Trust Fund.         penses in this appropriation: Provided further,
     ADMINISTRATIVE REVIEW AND APPEALS                  SALARIES AND EXPENSES, ANTITRUST DIVISION
                                                                                                          That the $102,390,000 herein appropriated from
                                                                                                          the United States Trustee System Fund shall be
  For activities authorized by sections 130005         For expenses necessary for the enforcement of
                                                                                                          reduced as such offsetting collections are re-
and 130007 of Public Law 103–322, $47,780,000, to    antitrust and kindred laws, $65,783,000: Pro-
                                                                                                          ceived during fiscal year 1996, so as to result in
remain available until expended, which shall be      vided, That notwithstanding any other provi-
                                                                                                          a final fiscal year 1996 appropriation from such
derived from the Violent Crime Reduction Trust       sion of law, not to exceed $48,262,000 of offset-
                                                                                                          Fund estimated at not more than $58,199,000:
Fund: Provided, That the obligated and unobli-       ting collections derived from fees collected for
                                                                                                          Provided further, That any of the aforemen-
gated balances of funds previously appropriated      premeger notification filings under the Hart-
                                                                                                          tioned fees collected in excess of $44,191,000 in
to the General Administration, Salaries and Ex-      Scott-Rodino Antitrust Improvements Act of
                                                                                                          fiscal year 1996 shall remain available until ex-
penses appropriation under title VIII of Public      1976 (15 U.S.C. 18(a)) shall be retained and used
                                                                                                          pended, but shall not be available for obligation
Law 103–317 for the Executive Office for Immi-       for necessary expenses in this appropriation,
                                                                                                          until October 1, 1996.
gration Review shall be merged with this appro-      and shall remain available until expended: Pro-
priation.                                            vided further, That the sum herein appropriated          SALARIES AND EXPENSES, FOREIGN CLAIMS
                                                     from the General Fund shall be reduced as such                   SETTLEMENT COMMISSION
         OFFICE OF INSPECTOR GENERAL
   For necessary expenses of the Office of In-       offsetting collections are received during fiscal       For expenses necessary to carry out the activi-
spector General in carrying out the provisions of    year 1996, so as to result in a final fiscal year    ties of the Foreign Claims Settlement Commis-
the Inspector General Act of 1978, as amended,       1996 appropriation from the General Fund esti-       sion, including services as authorized by 5
$28,960,000; including not to exceed $10,000 to      mated at not more than $17,521,000: Provided         U.S.C. 3109, $830,000.
meet unforeseen emergencies of a confidential        further, That any fees received in excess of              SALARIES AND EXPENSES, UNITED STATES
character, to be expended under the direction        $48,262,000 in fiscal year 1996, shall remain                       MARSHALS SERVICE
of, and to be accounted for solely under the cer-    available until expended, but shall not be avail-      For necessary expenses of the United States
tificate of, the Attorney General; and for the ac-   able for obligation until October 1, 1996.           Marshals Service; including the acquisition,
quisition, lease, maintenance and operation of            SALARIES AND EXPENSES, UNITED STATES            lease, maintenance, and operation of vehicles
motor vehicles without regard to the general                            ATTORNEYS                         and aircraft, and the purchase of passenger
purchase price limitation.                              For necessary expenses of the Office of the       motor vehicles for police-type use without re-
       UNITED STATES PAROLE COMMISSION               United States Attorneys, including intergovern-      gard to the general purchase price limitation for
                                                     mental agreements, $895,509,000, of which not to     the current fiscal year; $423,248,000, as author-
            SALARIES AND EXPENSES
                                                     exceed $2,500,000 shall be available until Septem-   ized by 28 U.S.C. 561(i), of which not to exceed
  For necessary expenses of the United States        ber 30, 1997 for the purposes of (1) providing       $6,000 shall be available for official reception
Parole Commission as authorized by law,              training of personnel of the Department of Jus-      and representation expenses.
$5,446,000.                                          tice in debt collection, (2) providing services to     VIOLENT CRIME REDUCTION PROGRAMS, UNITED
               LEGAL ACTIVITIES                      the Department of Justice related to locating                   STATES MARSHALS SERVICE
     SALARIES AND EXPENSES, GENERAL LEGAL            debtors and their property, such as title              For activities authorized by section 190001(b)
                   ACTIVITIES                        searches, debtor skiptracing, asset searches,        of Public Law 103–322, $25,000,000, to remain
        (INCLUDING TRANSFER OF FUNDS)
                                                     credit reports and other investigations, (3) pay-    available until expended, which shall be derived
                                                     ing the costs of the Department of Justice for       from the Violent Crime Reduction Trust Fund.
   For expenses necessary for the legal activities
                                                     the sale of property not covered by the sale pro-
of the Department of Justice, not otherwise pro-                                                                   FEDERAL PRISONER DETENTION
                                                     ceeds, such as auctioneers’ fees and expenses,
vided for, including not to exceed $20,000 for ex-                                                                (INCLUDING TRANSFER OF FUNDS)
                                                     maintenance and protection of property and
penses of collecting evidence, to be expended
                                                     businesses, advertising and title search and sur-      For expenses related to United States pris-
under the direction of, and to be accounted for
                                                     veying costs, and (4) paying the costs of process-   oners in the custody of the United States Mar-
solely under the certificate of, the Attorney
                                                     ing and tracking debts owed to the United            shals Service as authorized in 18 U.S.C. 4013,
General; and rent of private or Government-
                                                     States Government: Provided, That of the total       but not including expenses otherwise provided
owned space in the District of Columbia;
                                                     amount appropriated, not to exceed $8,000 shall      for in appropriations available to the Attorney
$401,929,000; of which not to exceed $10,000,000
                                                     be available for official reception and represen-    General; $252,820,000, as authorized by 28 U.S.C.
for litigation support contracts shall remain
                                                     tation expenses: Provided further, That not to       561(i), to remain available until expended.
available until expended: Provided, That of the
                                                     exceed $10,000,000 of those funds available for        In addition, for Federal Prisoner Detention,
funds available in this appropriation, not to ex-
                                                     automated litigation support contracts and           $9,000,000 shall be made available until ex-
ceed $22,618,000 shall remain available until ex-
                                                     $4,000,000 for security equipment shall remain       pended to be derived by transfer from unobli-
pended for office automation systems for the
                                                     available until expended: Provided further,          gated balances of the Working Capital Fund in
legal divisions covered by this appropriation,
                                                     That in addition to reimbursable full-time equiv-    the Department of Justice.
and for the United States Attorneys, the Anti-
                                                     alent workyears available to the Office of the               FEES AND EXPENSES OF WITNESSES
trust Division, and offices funded through ‘‘Sal-
                                                     United States Attorneys, not to exceed 8,595 po-
aries and Expenses’’, General Administration:                                                                For expenses, mileage, compensation, and per
                                                     sitions and 8,862 full-time equivalent workyears
Provided further, That of the total amount ap-                                                            diems of witnesses, for expenses of contracts for
                                                     shall be supported from the funds appropriated
propriated, not to exceed $1,000 shall be avail-                                                          the procurement and supervision of expert wit-
                                                     in this Act for the United States Attorneys.
able to the United States National Central Bu-                                                            nesses, for private counsel expenses, and for per
                                                       VIOLENT CRIME REDUCTION PROGRAMS, UNITED
reau, INTERPOL, for official reception and rep-                                                           diems in lieu of subsistence, as authorized by
                                                                    STATES ATTORNEYS
resentation expenses: Provided further, That                                                              law, including advances, $85,000,000, to remain
notwithstanding 31 U.S.C. 1342, the Attorney           For activities authorized by sections 190001(d),   available until expended; of which not to exceed
General may accept on behalf of the United           40114 and 130005 of Public Law 103–322,              $4,750,000 may be made available for planning,
States and credit to this appropriation, gifts of    $30,000,000, to remain available until expended,     construction, renovations, maintenance, remod-
money, personal property and services, for the       which shall be derived from the Violent Crime        eling, and repair of buildings and the purchase
purpose of hosting the International Criminal        Reduction Trust Fund, of which $20,269,000           of equipment incident thereto for protected wit-
Police Organization’s (INTERPOL) American            shall be available to help meet increased de-        ness safesites; of which not to exceed $1,000,000
Regional Conference in the United States during      mands for litigation and related activities,         may be made available for the purchase and
fiscal year 1996.                                    $500,000 to implement a program to appoint ad-       maintenance of armored vehicles for transpor-
   In addition, for reimbursement of expenses of     ditional Federal Victim’s Counselors, and            tation of protected witnesses; and of which not
the Department of Justice associated with proc-      $9,231,000 for expeditious deportation of denied     to exceed $4,000,000 may be made available for
essing cases under the National Childhood Vac-       asylum applicants.                                   the purchase, installation and maintenance of a
cine Injury Act of 1986, not to exceed $4,028,000,        UNITED STATES TRUSTEE SYSTEM FUND               secure automated information network to store
to be appropriated from the Vaccine Injury             For necessary expenses of the United States        and retrieve the identities and locations of pro-
Compensation Trust Fund, as authorized by sec-       Trustee Program, $102,390,000, as authorized by      tected witnesses.
H3844                                           CONGRESSIONAL RECORD — HOUSE                                                              April 25, 1996
SALARIES AND EXPENSES, COMMUNITY RELATIONS             authorized to be made available for making pay-       ceed $50,000 to meet unforeseen emergencies of a
                  SERVICE                              ments or advances for expenses arising out of         confidential character, to be expended under the
   For necessary expenses of the Community Re-         contractual or reimbursable agreements with           direction of, and to be accounted for solely
lations Service, established by title X of the Civil   State and local law enforcement agencies while        under the certificate of, the Attorney General;
Rights Act of 1964, $5,319,000: Provided, That         engaged in cooperative activities related to vio-     purchase for police-type use (not to exceed 813
notwithstanding any other provision of law,            lent crime, terrorism, organized crime, and drug      of which 177 are for replacement only) without
upon a determination by the Attorney General           investigations; and of which $1,500,000 shall be      regard to the general purchase price limitation
that emergent circumstances require additional         available to maintain an independent program          for the current fiscal year, and hire of passenger
funding for conflict prevention and resolution         office dedicated solely to the relocation of the      motor vehicles; acquisition, lease, maintenance
activities of the Community Relations Service,         Criminal Justice Information Services Division        and operation of aircraft; and research related
the Attorney General may transfer such                 and the automation of fingerprint identification      to immigration enforcement; $1,394,825,000, of
amounts to the Community Relations Service,            services: Provided, That not to exceed $45,000        which $36,300,000 shall remain available until
from available appropriations for the current          shall be available for official reception and rep-    September 30, 1997; of which $506,800,000 is
fiscal year for the Department of Justice, as may      resentation expenses: Provided further, That          available for the Border Patrol; of which not to
be necessary to respond to such circumstances:         $58,000,000 shall be made available for NCIC          exceed $400,000 for research shall remain avail-
Provided further, That any transfer pursuant to        2000, of which not less than $35,000,000 shall be     able until expended; and of which not to exceed
this section shall be treated as a reprogramming       derived from ADP and Telecommunications un-           $10,000,000 shall be available for costs associated
under section 605 of this Act and shall not be         obligated balances, in addition, $22,000,000 shall    with the training program for basic officer
available for obligation or expenditure except in      be derived by transfer and available until ex-        training: Provided, That none of the funds
compliance with the procedures set forth in that       pended from unobligated balances in the Work-         available to the Immigration and Naturalization
section.                                               ing Capital Fund of the Department of Justice.        Service shall be available for administrative ex-
            ASSETS FORFEITURE FUND                          VIOLENT CRIME REDUCTION PROGRAMS                 penses to pay any employee overtime pay in an
                                                         For activities authorized by Public Law 103–        amount in excess of $25,000 during the calendar
  For expenses authorized by 28 U.S.C.
                                                       322, $218,300,000, to remain available until ex-      year beginning January 1, 1996: Provided fur-
524(c)(1)(A)(ii), (B), (C), (F), and (G), as amend-
                                                       pended, which shall be derived from the Violent       ther, That uniforms may be purchased without
ed, $30,000,000 to be derived from the Depart-                                                               regard to the general purchase price limitation
ment of Justice Assets Forfeiture Fund.                Crime Reduction Trust Fund, of which
                                                                                                             for the current fiscal year: Provided further,
      RADIATION EXPOSURE COMPENSATION                  $208,800,000 shall be for activities authorized by
                                                                                                             That not to exceed $5,000 shall be available for
                                                       section 190001(c); $4,000,000 for Training and In-
            ADMINISTRATIVE EXPENSES                                                                          official reception and representation expenses:
                                                       vestigative Assistance authorized by section
  For necessary administrative expenses in ac-                                                               Provided further, That the Attorney General
                                                       210501(c)(2); and $5,500,000 for establishing DNA
cordance with the Radiation Exposure Com-                                                                    may transfer to the Department of Labor and
                                                       quality assurance and proficiency testing stand-
pensation Act, $2,655,000.                                                                                   the Social Security Administration not to exceed
                                                       ards, establishing an index to facilitate law en-
       PAYMENT TO RADIATION EXPOSURE                                                                         $10,000,000 for programs to verify the immigra-
                                                       forcement exchange of DNA identification infor-
          COMPENSATION TRUST FUND                                                                            tion status of persons seeking employment in the
                                                       mation, and related activities authorized by sec-
  For payments to the Radiation Exposure Com-                                                                United States: Provided further, That none of
                                                       tion 210306.
pensation Trust Fund, $16,264,000, to become                                                                 the funds provided in this or any other Act shall
                                                                        CONSTRUCTION
available on October 1, 1996.                                                                                be used for the continued operation of the San
                                                         For necessary expenses to construct or acquire      Clemente and Temecula checkpoints unless: (1)
        INTERAGENCY LAW ENFORCEMENT                    buildings and sites by purchase, or as otherwise      the checkpoints are open and traffic is being
  INTERAGENCY CRIME AND DRUG ENFORCEMENT               authorized by law (including equipment for            checked on a continuous 24-hour basis and (2)
   For necessary expenses for the detection, in-       such buildings); conversion and extension of          the Immigration and Naturalization Service un-
vestigation, and prosecution of individuals in-        federally-owned buildings; and preliminary            dertakes a commuter lane facilitation pilot pro-
volved in organized crime drug trafficking not         planning and design of projects; $97,589,000, to      gram at the San Clemente checkpoint within 90
otherwise provided for, to include intergovern-        remain available until expended.                      days of enactment of this Act: Provided further,
mental agreements with State and local law en-               DRUG ENFORCEMENT ADMINISTRATION                 That the Immigration and Naturalization Serv-
forcement agencies engaged in the investigation                     SALARIES AND EXPENSES                    ice shall undertake the renovation and improve-
and prosecution of individuals involved in orga-          For necessary expenses of the Drug Enforce-        ment of the San Clemente checkpoint, to include
nized crime drug trafficking, $359,843,000, of         ment Administration, including not to exceed          the addition of two to four lanes, and which
which $50,000,000 shall remain available until         $70,000 to meet unforeseen emergencies of a con-      shall be exempt from Federal procurement regu-
expended: Provided, That any amounts obli-             fidential character, to be expended under the di-     lations for contract formation, from within ex-
gated from appropriations under this heading           rection of, and to be accounted for solely under      isting balances in the Immigration and Natu-
may be used under authorities available to the         the certificate of, the Attorney General; ex-         ralization Service Construction account: Pro-
organizations reimbursed from this appropria-          penses for conducting drug education and train-       vided further, That if renovation of the San
tion: Provided further, That any unobligated           ing programs, including travel and related ex-        Clemente checkpoint is not completed by July 1,
balances remaining available at the end of the         penses for participants in such programs and          1996, the San Clemente checkpoint will close
fiscal year shall revert to the Attorney General       the distribution of items of token value that pro-    until such time as the renovations and improve-
for reallocation among participating organiza-         mote the goals of such programs; purchase of          ments are completed unless funds for the contin-
tions in succeeding fiscal years, subject to the       not to exceed 1,208 passenger motor vehicles, of      ued operation of the checkpoint are provided
reprogramming procedures described in section          which 1,178 will be for replacement only, for po-     and made available for obligation and expendi-
605 of this Act.                                       lice-type use without regard to the general pur-      ture in accordance with procedures set forth in
                                                       chase price limitation for the current fiscal year;   section 605 of this Act, as the result of certifi-
       FEDERAL BUREAU OF INVESTIGATION
                                                       and acquisition, lease, maintenance, and oper-        cation by the Attorney General that exigent cir-
             SALARIES AND EXPENSES                                                                           cumstances require the checkpoint to be open
                                                       ation of aircraft; $750,168,000, of which not to
        (INCLUDING TRANSFER OF FUNDS)
                                                       exceed $1,800,000 for research and $15,000,000 for    and delays in completion of the renovations are
  For expenses necessary for detection, inves-                                                               not the result of any actions that are or have
                                                       transfer to the Drug Diversion Control Fee Ac-
tigation, and prosecution of crimes against the                                                              been in the control of the Department of Justice:
                                                       count for operating expenses shall remain avail-
United States; including purchase for police-                                                                Provided further, That the Office of Public Af-
                                                       able until expended, and of which not to exceed
type use of not to exceed 1,815 passenger motor                                                              fairs at the Immigration and Naturalization
                                                       $4,000,000 for purchase of evidence and pay-
vehicles of which 1,300 will be for replacement                                                              Service shall conduct its business in areas only
                                                       ments for information, not to exceed $4,000,000
only, without regard to the general purchase                                                                 relating to its central mission, including: re-
                                                       for contracting for ADP and telecommunications
price limitation for the current fiscal year, and                                                            search, analysis, and dissemination of informa-
                                                       equipment, and not to exceed $2,000,000 for tech-
hire of passenger motor vehicles; acquisition,                                                               tion, through the media and other communica-
                                                       nical and laboratory equipment shall remain
lease, maintenance and operation of aircraft;                                                                tions outlets, relating to the activities of the Im-
                                                       available until September 30, 1997, and of which
and not to exceed $70,000 to meet unforeseen                                                                 migration and Naturalization Service: Provided
                                                       not to exceed $50,000 shall be available for offi-
emergencies of a confidential character, to be                                                               further, That the Office of Congressional Rela-
                                                       cial reception and representation expenses.
expended under the direction of, and to be ac-                                                               tions at the Immigration and Naturalization
                                                            VIOLENT CRIME REDUCTION PROGRAMS
counted for solely under the certificate of, the                                                             Service shall conduct business in areas only re-
                                                         For activities authorized by sections 180104
Attorney General; $2,189,183,000, of which not to                                                            lating to its central mission, including: provid-
                                                       and 190001(b) of Public Law 103–322, $60,000,000,
exceed $50,000,000 for automated data processing                                                             ing services to Members of Congress relating to
                                                       to remain available until expended, which shall
and telecommunications and technical inves-                                                                  constituent inquiries and requests for informa-
                                                       be derived from the Violent Crime Reduction
tigative equipment and $1,000,000 for undercover                                                             tion; and working with the relevant congres-
                                                       Trust Fund.
operations shall remain available until Septem-                                                              sional committees on proposed legislation affect-
ber 30, 1997; of which not less than $102,345,000        IMMIGRATION AND NATURALIZATION SERVICE              ing immigration matters: Provided further, That
shall be for counterterrorism investigations, for-                  SALARIES AND EXPENSES                    in addition to amounts otherwise made available
eign counterintelligence, and other activities re-       For expenses, not otherwise provided for, nec-      in this title to the Attorney General, the Attor-
lated to our national security; of which not to        essary for the administration and enforcement         ney General is authorized to accept and utilize,
exceed $98,400,000 shall remain available until        of the laws relating to immigration, naturaliza-      on behalf of the United States, the $100,000 In-
expended; of which not to exceed $10,000,000 is        tion, and alien registration, including not to ex-    novation in American Government Award for
April 25, 1996                                  CONGRESSIONAL RECORD — HOUSE                                                                        H3845
1995 from the Ford Foundation for the Immigra-         pended, of which not to exceed $14,074,000 shall     $28,000,000 for Grants to Encourage Arrest Poli-
tion and Naturalization Service’s Operation            be available to construct areas for inmate work      cies to States, units of local governments and
Jobs program.                                          programs: Provided, That labor of United States      Indian tribal governments, as authorized by sec-
      VIOLENT CRIME REDUCTION PROGRAMS                 prisoners may be used for work performed under       tion 1001(a)(19) of the 1968 Act; $7,000,000 for
  For activities authorized by sections 130005,        this appropriation: Provided further, That not       Rural Domestic Violence and Child Abuse En-
130006, and 130007 of Public Law 103–322,              to exceed 10 percent of the funds appropriated       forcement Assistance Grants, as authorized by
$316,198,000, to remain available until expended,      to ‘‘Buildings and Facilities’’ in this Act or any   section 40295 of the 1994 Act; $1,000,000 for train-
which will be derived from the Violent Crime Re-       other Act may be transferred to ‘‘Salaries and       ing programs to assist probation and parole offi-
duction Trust Fund, of which $38,704,000 shall         Expenses’’, Federal Prison System upon notifi-       cers who work with released sex offenders, as
be for expeditious deportation of denied asylum        cation by the Attorney General to the Commit-        authorized by section 40152(c) of the Violent
applicants, $231,570,000 for improving border          tees on Appropriations of the House of Rep-          Crime Control and Law Enforcement Act of
controls, and $45,924,000 for expanded special         resentatives and the Senate in compliance with       1994; $50,000 for grants for televised testimony,
deportation proceedings: Provided, That of the         provisions set forth in section 605 of this Act:     as authorized by section 1001(a)(7) of the Omni-
amounts made available, $75,765,000 shall be for       Provided further, That of the total amount ap-       bus Crime Control and Safe Streets Act of 1968;
the Border Patrol.                                     propriated, not to exceed $22,351,000 shall be       $200,000 for the study of State databases on the
                  CONSTRUCTION                         available for the renovation and construction of     incidence of sexual and domestic violence, as
   For planning, construction, renovation,             United States Marshals Service prisoner holding      authorized by section 40292 of the Violent Crime
equipping and maintenance of buildings and fa-         facilities.                                          Control and Law Enforcement Act of 1994;
cilities necessary for the administration and en-         FEDERAL PRISON INDUSTRIES, INCORPORATED           $1,500,000 for national stalker and domestic vio-
forcement of the laws relating to immigration,            The Federal Prison Industries, Incorporated,      lence reduction, as authorized by section 40603
naturalization, and alien registration, not oth-       is hereby authorized to make such expenditures,      of the 1994 Act; $27,000,000 for grants for resi-
erwise provided for, $25,000,000, to remain avail-     within the limits of funds and borrowing au-         dential substance abuse treatment for State pris-
able until expended.                                   thority available, and in accord with the law,       oners authorized by section 1001(a)(17) of the
                                                       and to make such contracts and commitments,          1968 Act; and $900,000 for the Missing Alz-
             FEDERAL PRISON SYSTEM
                                                       without regard to fiscal year limitations as pro-    heimer’s Disease Patient Alert Program, as au-
             SALARIES AND EXPENSES                                                                          thorized by section 240001(d) of the 1994 Act:
                                                       vided by section 9104 of title 31, United States
  For expenses necessary for the administration,       Code, as may be necessary in carrying out the        Provided, That any balances for these programs
operation, and maintenance of Federal penal            program set forth in the budget for the current      shall be transferred to and merged with this ap-
and correctional institutions, including pur-          fiscal year for such corporation, including pur-     propriation.
chase (not to exceed 853, of which 559 are for re-     chase of (not to exceed five for replacement         STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
placement only) and hire of law enforcement            only) and hire of passenger motor vehicles.             For grants, contracts, cooperative agreements,
and passenger motor vehicles; and for the provi-                                                            and other assistance authorized by part E of
                                                           LIMITATION ON ADMINISTRATIVE EXPENSES,
sion of technical assistance and advice on cor-                                                             title I of the Omnibus Crime Control and Safe
                                                          FEDERAL PRISON INDUSTRIES, INCORPORATED
rections related issues to foreign governments;                                                             Streets Act of 1968, as amended, for State and
$2,567,578,000: Provided, That there may be               Not to exceed $3,559,000 of the funds of the
                                                       corporation shall be available for its administra-   Local Narcotics Control and Justice Assistance
transferred to the Health Resources and Services                                                            Improvements, notwithstanding the provisions
Administration such amounts as may be nec-             tive expenses, and for services as authorized by
                                                       5 U.S.C. 3109, to be computed on an accrual          of section 511 of said Act, $388,000,000, to remain
essary, in the discretion of the Attorney Gen-                                                              available until expended, as authorized by sec-
eral, for direct expenditures by that Administra-      basis to be determined in accordance with the
                                                       corporation’s current prescribed accounting sys-     tion 1001 of title I of said Act, as amended by
tion for medical relief for inmates of Federal                                                              Public Law 102–534 (106 Stat. 3524), of which
penal and correctional institutions: Provided          tem, and such amounts shall be exclusive of de-
                                                       preciation, payment of claims, and expenditures      $60,000,000 shall be available to carry out the
further, That the Director of the Federal Prison                                                            provisions of chapter A of subpart 2 of part E of
System (FPS), where necessary, may enter into          which the said accounting system requires to be
                                                       capitalized or charged to cost of commodities ac-    title I of said Act, for discretionary grants under
contracts with a fiscal agent/fiscal intermediary                                                           the Edward Byrne Memorial State and Local
claims processor to determine the amounts pay-         quired or produced, including selling and ship-
                                                       ping expenses, and expenses in connection with       Law Enforcement Assistance Programs: Pro-
able to persons who, on behalf of the FPS, fur-                                                             vided, That balances of amounts appropriated
nish health services to individuals committed to       acquisition, construction, operation, mainte-
                                                       nance, improvement, protection, or disposition       prior to fiscal year 1995 under the authorities of
the custody of the FPS: Provided further, That                                                              this account shall be transferred to and merged
uniforms may be purchased without regard to            of facilities and other property belonging to the
                                                       corporation or in which it has an interest.          with this account.
the general purchase price limitation for the                                                                  VIOLENT CRIME REDUCTION PROGRAMS, STATE
current fiscal year: Provided further, That not                    OFFICE OF JUSTICE PROGRAMS
                                                                                                               AND LOCAL LAW ENFORCEMENT ASSISTANCE
to exceed $6,000 shall be available for official re-                  JUSTICE ASSISTANCE                       For assistance (including amounts for admin-
ception and representation expenses: Provided            For grants, contracts, cooperative agreements,     istrative costs for management and administra-
further, That not to exceed $50,000,000 for the        and other assistance authorized by title I of the    tion, which amounts shall be transferred to and
activation of new facilities shall remain avail-       Omnibus Crime Control and Safe Streets Act of        merged with the ‘‘Justice Assistance’’ account)
able until September 30, 1997: Provided further,       1968, as amended, and the Missing Children’s         authorized by the Violent Crime Control and
That of the amounts provided for Contract Con-         Assistance Act, as amended, including salaries       Law Enforcement Act of 1994, Public Law 103–
finement, not to exceed $20,000,000 shall remain       and expenses in connection therewith, and with       322 (‘‘the 1994 Act’’); the Omnibus Crime Control
available until expended to make payments in           the Victims of Crime Act of 1984, as amended,        and Safe Streets Act of 1968, as amended (‘‘the
advance for grants, contracts and reimbursable         $99,977,000, to remain available until expended,     1968 Act’’); and the Victims of Child Abuse Act
agreements and other expenses authorized by            as authorized by section 1001 of title I of the      of 1990, as amended (‘‘the 1990 Act’’);
section 501(c) of the Refugee Education Assist-        Omnibus Crime Control and Safe Streets Act, as       $1,605,200,000, to remain available until ex-
ance Act of 1980 for the care and security in the      amended by Public Law 102–534 (106 Stat. 3524).      pended, which shall be derived from the Violent
United States of Cuban and Haitian entrants:            VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE           Crime Reduction Trust Fund; of which
Provided further, That no funds appropriated in                           ASSISTANCE                        $503,000,000 shall be for Local Law Enforcement
this Act shall be used to privatize any Federal           For assistance (including amounts for admin-      Block Grants, pursuant to H.R. 728 as passed by
prison facilities located in Forrest City, Arkan-      istrative costs for management and administra-       the House of Representatives on February 14,
sas, and Yazoo City, Mississippi.                      tion, which amounts shall be transferred to and      1995, except that for purposes of this Act, the
      VIOLENT CRIME REDUCTION PROGRAMS                 merged with the ‘‘Justice Assistance’’ account)      Commonwealth of Puerto Rico shall be consid-
   For substance abuse treatment in Federal            authorized by the Violent Crime Control and          ered a ‘‘unit of local government’’ as well as a
prisons as authorized by section 32001(e) of Pub-      Law Enforcement Act of 1994, Public Law 103–         ‘‘state’’, for the purposes set forth in para-
lic Law 103–322, $13,500,000, to remain available      322 (‘‘the 1994 Act’’); the Omnibus Crime Control    graphs (A), (B), (D), (F), and (I) of section
until expended, which shall be derived from the        and Safe Streets Act of 1968, as amended (‘‘the      101(a)(2) of H.R. 728 and for establishing crime
Violent Crime Reduction Trust Fund.                    1968 Act’’); and the Victims of Child Abuse Act      prevention programs involving cooperation be-
            BUILDINGS AND FACILITIES                   of 1990, as amended (‘‘the 1990 Act’’);              tween community residents and law enforcement
   For planning, acquisition of sites and con-         $202,400,000, to remain available until expended,    personnel in order to control, detect, or inves-
struction of new facilities; leasing the Oklahoma      which shall be derived from the Violent Crime        tigate crime or the prosecution of criminals: Pro-
City Airport Trust Facility; purchase and acqui-       Reduction Trust Fund; of which $6,000,000 shall      vided, That no funds provided under this head-
sition of facilities and remodeling and equipping      be for the Court Appointed Special Advocate          ing may be used as matching funds for any
of such facilities for penal and correctional use,     Program, as authorized by section 218 of the         other federal grant program: Provided further,
including all necessary expenses incident there-       1990 Act; $750,000 for Child Abuse Training Pro-     That notwithstanding any other provision of
to, by contract or force account; and construct-       grams for Judicial Personnel and Practitioners,      this title, the Attorney General may transfer up
ing, remodeling, and equipping necessary build-        as authorized by section 224 of the 1990 Act;        to $18,000,000 of this amount for drug courts
ings and facilities at existing penal and correc-      $130,000,000 for Grants to Combat Violence           pursuant to title V of the 1994 Act, consistent
tional institutions, including all necessary ex-       Against Women to States, units of local govern-      with the reprogramming procedures outlined in
penses incident thereto, by contract or force ac-      ments and Indian tribal governments, as au-          section 605 of this Act: Provided further, That in
count; $334,728,000, to remain available until ex-     thorized by section 1001(a)(18) of the 1968 Act;     lieu of any amount provided from the Local
H3846                                           CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
Law Enforcement Block Grant for the District of        tions 200101–200113 of the 1994 Act: Provided        Enforcement Act of 1994 is amended to read as
Columbia, $15,000,000 shall be deposited into an       further, That not to exceed 130 permanent posi-      follows:
escrow account of the District of Columbia Fi-         tions and 130 full-time equivalent workyears          ‘‘Subtitle A—Violent Offender Incarceration
nancial Responsibility and Management Assist-          and $14,602,000 shall be expended for program           and Truth-in-Sentencing Incentive Grants
ance Authority, pursuant to section 205 of Pub-        management and administration.                       ‘‘SEC. 20101. DEFINITIONS.
lic Law 104–8, for the District of Columbia Met-                WEED AND SEED PROGRAM FUND                    ‘‘Unless otherwise provided, for purposes of
ropolitan Police Department for law enforce-             For necessary expenses, including salaries         this subtitle—
ment purposes and shall be disbursed from such         and related expenses of the Executive Office for       ‘‘(1) the term ‘indeterminate sentencing’
escrow account pursuant to the instructions of         Weed and Seed, to implement ‘‘Weed and Seed’’        means a system by which—
the Authority and in accordance with a plan            program activities, $28,500,000, which shall be        ‘‘(A) the court may impose a sentence of a
developed by the Chief of Police, after consulta-      derived from discretionary grants provided           range defined by statute; and
tion with the Committees on Appropriations and         under the Edward Byrne Memorial State and              ‘‘(B) an administrative agency, generally the
Judiciary of the Senate and House of Represent-        Local Law Enforcement Assistance Programs, to        parole board, or the court, controls release with-
atives: Provided further, That $11,000,000 of this     remain available until expended for intergovern-     in the statutory range;
amount shall be for Boys & Girls Clubs of Amer-        mental agreements, including grants, coopera-          ‘‘(2) the term ‘part 1 violent crime’ means mur-
ica for the establishment of Boys & Girls Clubs        tive agreements, and contracts, with State and       der and nonnegligent manslaughter, forcible
in public housing facilities and other areas in        local law enforcement agencies engaged in the        rape, robbery, and aggravated assault as re-
cooperation with State and local law enforce-          investigation and prosecution of violent crimes      ported to the Federal Bureau of Investigation
ment: Provided further, That funds may also be         and drug offenses in ‘‘Weed and Seed’’ des-          for purposes of the Uniform Crime Reports; and
used to defray the costs of indemnification in-        ignated communities, and for either reimburse-         ‘‘(3) the term ‘State’ means a State of the
surance for law enforcement officers; $25,000,000      ments or transfers to appropriation accounts of      United States, the District of Columbia, the
for grants to upgrade criminal records, as au-         the Department of Justice and other Federal          Commonwealth of Puerto Rico, the United
thorized by section 106(b) of the Brady Handgun        agencies which shall be specified by the Attor-      States Virgin Islands, American Samoa, Guam,
Violence Prevention Act of 1993, as amended,           ney General to execute the ‘‘Weed and Seed’’         and the Northern Mariana Islands.
and section 4(b) of the National Child Protec-         program strategy: Provided, That funds des-          ‘‘SEC. 20102. AUTHORIZATION OF GRANTS.
tion Act of 1993; $147,000,000 as authorized by        ignated by Congress through language for other          ‘‘(a) IN GENERAL.—The Attorney General
section 1001 of title I of the 1968 Act, which shall   Department of Justice appropriation accounts         shall provide Violent Offender Incarceration
be available to carry out the provisions of sub-       for ‘‘Weed and Seed’’ program activities shall be    grants under section 20103 and Truth-in-Sen-
part 1, part E of title I of the 1968 Act, notwith-    managed and executed by the Attorney General         tencing Incentive grants under section 20104 to
standing section 511 of said Act, for the Edward       through the Executive Office for Weed and            eligible States—
Byrne Memorial State and Local Law Enforce-            Seed: Provided further, That the Attorney Gen-          ‘‘(1) to build or expand correctional facilities
ment Assistance Programs; $300,000,000 for the         eral may direct the use of other Department of       to increase the bed capacity for the confinement
State Criminal Alien Assistance Program, as au-        Justice funds and personnel in support of            of persons convicted of a part 1 violent crime or
thorized by section 242(j) of the Immigration and      ‘‘Weed and Seed’’ program activities only after      adjudicated delinquent for an act which if com-
Nationality Act, as amended; $617,500,000 for          the Attorney General notifies the Committees on      mitted by an adult, would be a part 1 violent
Violent Offender Incarceration and Truth in            Appropriations of the House of Representatives       crime;
Sentencing Incentive Grants pursuant to sub-           and the Senate in accordance with section 605 of        ‘‘(2) to build or expand temporary or perma-
title A of title II of the Violent Crime Control       this Act.                                            nent correctional facilities, including facilities
and Law Enforcement Act of 1994 (as amended                                                                 on military bases, prison barges, and boot
                                                                 JUVENILE JUSTICE PROGRAMS
by section 114 of this Act), of which $200,000,000                                                          camps, for the confinement of convicted non-
shall be available for payments to States for in-        For grants, contracts, cooperative agreements,     violent offenders and criminal aliens, for the
carceration of criminal aliens, and of which           and other assistance authorized by the Juvenile      purpose of freeing suitable existing prison space
$12,500,000 shall be available for the Cooperative     Justice and Delinquency Prevention Act of 1974,      for the confinement of persons convicted of a
Agreement Program; $1,000,000 for grants to            as amended, including salaries and expenses in       part 1 violent crime; and
States and units of local government for projects      connection therewith to be transferred to and           ‘‘(3) to build or expand jails.
to improve DNA analysis, as authorized by sec-         merged with the appropriations for Justice As-          ‘‘(b) REGIONAL COMPACTS.—
tion 1001(a)(22) of the 1968 Act; $9,000,000 for       sistance, $144,000,000, to remain available until       ‘‘(1) IN GENERAL.—Subject to paragraph (2),
Improved Training and Technical Automation             expended, as authorized by section 299 of part I     States may enter into regional compacts to carry
Grants, as authorized by section 210501(c)(1) of       of title II and section 506 of title V of the Act,   out this subtitle. Such compacts shall be treated
the 1994 Act; $1,000,000 for Law Enforcement           as amended by Public Law 102–586, of which: (1)      as States under this subtitle.
Family Support Programs, as authorized by sec-         $100,000,000 shall be available for expenses au-        ‘‘(2) REQUIREMENT.—To be recognized as a re-
tion 1001(a)(21) of the 1968 Act; $500,000 for         thorized by parts A, B, and C of title II of the     gional compact for eligibility for a grant under
Motor Vehicle Theft Prevention Programs, as            Act; (2) $10,000,000 shall be available for ex-      section 20103 or 20104, each member State must
authorized by section 220002(h) of the 1994 Act;       penses authorized by sections 281 and 282 of         be eligible individually.
                                                       part D of title II of the Act for prevention and        ‘‘(3) LIMITATION ON RECEIPT OF FUNDS.—No
$1,000,000 for Gang Investigation Coordination
                                                       treatment programs relating to juvenile gangs;       State may receive a grant under this subtitle
and Information Collection, as authorized by
                                                       (3) $10,000,000 shall be available for expenses      both individually and as part of a compact.
section 150006 of the 1994 Act; $200,000 for grants                                                            ‘‘(c) APPLICABILITY.—Notwithstanding the eli-
as authorized by section 32201(c)(3) of the 1994       authorized by section 285 of part E of title II of
                                                       the Act; (4) $4,000,000 shall be available for ex-   gibility requirements of section 20104, a State
Act: Provided further, That funds made avail-                                                               that certifies to the Attorney General that, as of
able in fiscal year 1996 under subpart 1 of part       penses authorized by part G of title II of the Act
                                                       for juvenile mentoring programs; and (5)             the date of enactment of the Department of Jus-
E of title I of the Omnibus Crime Control and                                                               tice Appropriations Act, 1996, such State has en-
Safe Streets Act of 1968, as amended, may be ob-       $20,000,000 shall be available for expenses au-
                                                       thorized by title V of the Act for incentive         acted legislation in reliance on subtitle A of title
ligated for programs to assist States in the liti-                                                          II of the Violent Crime Control and Law En-
gation processing of death penalty Federal ha-         grants for local delinquency prevention pro-
                                                       grams.                                               forcement Act, as enacted on September 13, 1994,
beas corpus petitions: Provided further, That                                                               and would in fact qualify under those provi-
any 1995 balances for these programs shall be            In addition, for grants, contracts, cooperative
                                                       agreements, and other assistance authorized by       sions, shall be eligible to receive a grant for fis-
transferred to and merged with this appropria-                                                              cal year 1996 as though such State qualifies
tion: Provided further, That if a unit of local        the Victims of Child Abuse Act of 1990, as
                                                       amended, $4,500,000, to remain available until       under section 20104 of this subtitle.
government uses any of the funds made avail-
                                                       expended, as authorized by section 214B, of the      ‘‘SEC.  20103. VIOLENT OFFENDER INCARCER-
able under this title to increase the number of                                                                          ATION GRANTS.
law enforcement officers, the unit of local gov-       Act: Provided, That balances of amounts appro-
                                                       priated prior to fiscal year 1995 under the au-        ‘‘(a) ELIGIBILITY FOR MINIMUM GRANT.—To be
ernment will achieve a net gain in the number                                                               eligible to receive a minimum grant under this
of law enforcement officers who perform non-           thorities of this account shall be transferred to
                                                       and merged with this account.                        section, a State shall submit an application to
administrative public safety service.                                                                       the Attorney General that provides assurances
                                                              PUBLIC SAFETY OFFICERS BENEFITS
    COMMUNITY ORIENTED POLICING SERVICES                                                                    that the State has implemented, or will imple-
                                                          For payments authorized by part L of title I
      VIOLENT CRIME REDUCTION PROGRAMS
                                                       of the Omnibus Crime Control and Safe Streets        ment, correctional policies and programs, in-
   For activities authorized by the Violent Crime                                                           cluding truth-in-sentencing laws that ensure
                                                       Act of 1968 (42 U.S.C. 3796), as amended, such
Control and Law Enforcement Act of 1994, Pub-                                                               that violent offenders serve a substantial por-
                                                       sums as are necessary, to remain available until
lic Law 103–322 (‘‘the 1994 Act’’) (including ad-                                                           tion of the sentences imposed, that are designed
                                                       expended, as authorized by section 6093 of Pub-
ministrative costs); $1,400,000,000, to remain                                                              to provide sufficiently severe punishment for
                                                       lic Law 100–690 (102 Stat. 4339–4340), and, in ad-
available until expended, which shall be derived                                                            violent offenders, including violent juvenile of-
                                                       dition, $2,134,000, to remain available until ex-
froim the Violent Crime Reduction Trust Fund,                                                               fenders, and that the prison time served is ap-
                                                       pended, for payments as authorized by section
for Public Safety and Community Policing                                                                    propriately related to the determination that the
                                                       1201(b) of said Act.
Grants pursuant to title I of the 1994 Act: Pro-                                                            inmate is a violent offender and for a period of
vided, That of this amount, $10,000,000 shall be        GENERAL PROVISIONS—DEPARTMENT OF JUSTICE            time deemed necessary to protect the public.
available for programs of Police Corps edu-               SEC. 114. (a) GRANT PROGRAM.—Subtitle A of           ‘‘(b) ADDITIONAL AMOUNT FOR INCREASED
cation, training and service as set forth in sec-      title II of the Violent Crime Control and Law        PERCENTAGE OF PERSONS SENTENCED AND TIME
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                           H3847
SERVED.—A State that received a grant under          ‘‘SEC. 20105. SPECIAL RULES.                             monwealth of the Northern Mariana Islands, if
subsection (a) is eligible to receive additional        ‘‘(a) SHARING OF FUNDS WITH COUNTIES AND              eligible under such subsection, shall each be al-
grant amounts if such State demonstrates that        OTHER UNITS OF LOCAL GOVERNMENT.—                        located 0.03 percent.
the State has, since 1993—                              ‘‘(1) RESERVATION.—Each State shall reserve              ‘‘(B) The amount remaining after application
  ‘‘(1) increased the percentage of persons ar-      not more than 15 percent of the amount of funds          of subparagraph (A) shall be allocated to each
rested for a part 1 violent crime sentenced to       allocated in a fiscal year pursuant to section           State that meets the requirements of section
prison; or                                           20106 for counties and units of local government         20103(c), in the ratio that the number of part 1
  ‘‘(2) increased the average prison time actu-      to construct, develop, expand, modify, or im-            violent crimes reported by such State to the Fed-
ally served or the average percent of sentence       prove jails and other correctional facilities.           eral Bureau of Investigation for the 3 years pre-
served by persons convicted of a part 1 violent         ‘‘(2) FACTORS FOR DETERMINATION OF                    ceding the year in which the determination is
crime.                                               AMOUNT.—To determine the amount of funds to              made, bears to the average annual number of
Receipt of grant amounts under this subsection       be reserved under this subsection, a State shall         part 1 violent crimes reported by all States that
does not preclude eligibility for a grant under      consider the burden placed on a county or unit           meet the requirements of section 20102(c) to the
subsection (c).                                      of local government that results from the imple-         Federal Bureau of Investigation for the 3 years
  ‘‘(c) ADDITIONAL AMOUNT FOR INCREASED              mentation of policies adopted by the State to            preceding the year in which the determination is
RATE OF INCARCERATION AND PERCENTAGE OF              carry out section 20103 or 20104.                        made.
SENTENCE SERVED.—A State that received a                ‘‘(b) ADDITIONAL REQUIREMENT.—To be eligi-               ‘‘(b) ALLOCATION OF TRUTH-IN-SENTENCING
grant under subsection (a) is eligible to receive    ble to receive a grant under section 20103 or            GRANTS UNDER SECTION 20104.—The amounts
additional grant amounts if such State dem-          20104, a State shall provide assurances to the           available for grants for section 20104 shall be al-
onstrates that the State has—                        Attorney General that the State has imple-               located to each State that meets the require-
  ‘‘(1) since 1993, increased the percentage of      mented or will implement not later than 18               ments of section 20104 in the ratio that the aver-
persons arrested for a part 1 violent crime sen-     months after the date of the enactment of this           age annual number of part 1 violent crimes re-
tenced to prison, and has increased the average      subtitle, policies that provide for the recognition      ported by such State to the Federal Bureau of
percent of sentence served by persons convicted      of the rights and needs of crime victims.                Investigation for the 3 years preceding the year
of a part 1 violent crime; or                           ‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Not-              in which the determination is made bears to the
  ‘‘(2) has increased by 10 percent or more over     withstanding any other provision of this sub-            average annual number of part 1 violent crimes
the most recent 3-year period the number of new      title, if a State, or unit of local government lo-       reported by States that meet the requirements of
court commitments to prison of persons con-          cated in a State that otherwise meets the re-            section 20104 to the Federal Bureau of Inves-
victed of part 1 violent crimes.                     quirements of section 20103 or 20104, certifies to       tigation for the 3 years preceding the year in
Receipt of grant amounts under this subsection       the Attorney General that exigent circumstances          which the determination is made, except that a
does not preclude eligibility for a grant under      exist that require the State to expend funds to          State may not receive more than 25 percent of
subsection (b).                                      build or expand facilities to confine juvenile of-       the total amount available for such grants.
                                                     fenders other than juvenile offenders adju-                 ‘‘(c) UNAVAILABLE DATA.—If data regarding
‘‘SEC. 20104. TRUTH-IN-SENTENCING INCENTIVE
             GRANTS.                                 dicated delinquent for an act which, if commit-          part 1 violent crimes in any State is substan-
   ‘‘(a) ELIGIBILITY.—To be eligible to receive a    ted by an adult, would be a part 1 violent crime,        tially inaccurate or is unavailable for the 3
grant award under this section, a State shall        the State may use funds received under this sub-         years preceding the year in which the deter-
submit an application to the Attorney General        title to build or expand juvenile correctional fa-       mination is made, the Attorney General shall
that demonstrates that—                              cilities or pretrial detention facilities for juvenile   utilize the best available comparable data re-
  ‘‘(1) such State has implemented truth-in-sen-     offenders.                                               garding the number of violent crimes for the pre-
tencing laws that—                                      ‘‘(d) PRIVATE FACILITIES.—A State may use             vious year for the State for the purposes of allo-
  ‘‘(A) require persons convicted of a part 1 vio-   funds received under this subtitle for the privat-       cation of funds under this subtitle.
lent crime to serve not less than 85 percent of      ization of facilities to carry out the purposes of          ‘‘(d) REGIONAL COMPACTS.—In determining
the sentence imposed (without counting time not      section 20102.                                           the amount of funds that States organized as a
actually served, such as administrative or statu-       ‘‘(e) DEFINITION.—For purposes of this sub-           regional compact may receive, the Attorney
tory incentives for good behavior); or               title, ‘‘part 1 violent crime’’ means a part 1 vio-      General shall first apply the formula in either
  ‘‘(B) result in persons convicted of a part 1      lent crime as defined in section 20101(3), or a          subsection (a) or (b) and (c) of this section to
violent crime serving on average not less than 85    crime in a reasonably comparable class of seri-          each member State of the compact. The States
percent of the sentence imposed (without count-      ous violent crimes as approved by the Attorney           organized as a regional compact may receive the
ing time not actually served, such as adminis-       General.                                                 sum of the amounts so determined.
trative or statutory incentives for good behav-      ‘‘SEC. 20106. FORMULA FOR GRANTS.                        ‘‘SEC. 20107. ACCOUNTABILITY.
ior);                                                   ‘‘(a) ALLOCATION OF VIOLENT OFFENDER IN-                 ‘‘(a) FISCAL REQUIREMENTS.—A State that re-
  ‘‘(2) such State has truth-in-sentencing laws      CARCERATION GRANTS UNDER SECTION 20103.—                 ceives funds under this subtitle shall use ac-
that have been enacted, but not yet imple-              ‘‘(1) FORMULA ALLOCATION.—85 percent of the           counting, audit, and fiscal procedures that con-
mented, that require such State, not later than      amount available for grants under section 20103          form to guidelines prescribed by the Attorney
3 years after such State submits an application      for any fiscal year shall be allocated as follows        General, and shall ensure that any funds used
to the Attorney General, to provide that persons     (except that a State may not receive more than           to carry out the programs under section 20102(a)
convicted of a part 1 violent crime serve not less   9 percent of the total amount of funds made              shall represent the best value for the State gov-
than 85 percent of the sentence imposed (with-       available under this paragraph):                         ernments at the lowest possible cost and employ
out counting time not actually served, such as          ‘‘(A) 0.75 percent shall be allocated to each         the best available technology.
administrative or statutory incentives for good      State that meets the requirements of section               ‘‘(b) ADMINISTRATIVE PROVISIONS.—The ad-
behavior); or                                        20103(a), except that the United States Virgin Is-       ministrative provisions of sections 801 and 802 of
  ‘‘(3) in the case of a State that on the date of   lands, American Samoa, Guam, and the Com-                the Omnibus Crime Control and Safe Streets Act
enactment of the Departments of Commerce,            monwealth of the Northern Mariana Islands, if            of 1968 shall apply to the Attorney General
Justice, and State, the Judiciary and Related        eligible under section 20103(a), shall each be al-       under this subtitle in the same manner that
Agencies Appropriations Act, 1996, practices in-     located 0.05 percent.                                    such provisions apply to the officials listed in
determinate sentencing with regard to any part          ‘‘(B) The amount remaining after application          such sections.
1 violent crime—                                     of subparagraph (A) shall be allocated to each           ‘‘SEC. 20108. AUTHORIZATION OF APPROPRIA-
  ‘‘(A) persons convicted of a part 1 violent        State that meets the requirements of section                           TIONS.
crime on average serve not less than 85 percent      20103(b), in the ratio that the number of part 1            ‘‘(a) IN GENERAL.—
of the prison term established under the State’s     violent crimes reported by such State to the Fed-           ‘‘(1) AUTHORIZATIONS.—There are authorized
sentencing and release guidelines; or                eral Bureau of Investigation for the 3 years pre-        to be appropriated to carry out this subtitle—
  ‘‘(B) persons convicted of a part 1 violent        ceding the year in which the determination is              ‘‘(A) $997,500,000 for fiscal year 1996;
crime on average serve not less than 85 percent      made, bears to the average annual number of                ‘‘(B) $1,330,000,000 for fiscal year 1997;
of the maximum prison term allowed under the         part 1 violent crimes reported by all States that          ‘‘(C) $2,527,000,000 for fiscal year 1998;
sentence imposed by the court (not counting          meet the requirements of section 20103(b) to the           ‘‘(D) $2,660,000,000 for fiscal year 1999; and
time not actually served such as administrative      Federal Bureau of Investigation for the 3 years            ‘‘(E) $2,753,100,000 for fiscal year 2000.
or statutory incentives for good behavior).          preceding the year in which the determination is           ‘‘(2) DISTRIBUTION.—
  ‘‘(b) EXCEPTION.—Notwithstanding subsection        made.                                                      ‘‘(A) IN GENERAL.—Of the amounts remaining
(a), a State may provide that the Governor of           ‘‘(2) ADDITIONAL ALLOCATION.—15 percent of            after the allocation of funds for the purposes set
the State may allow for the earlier release of—      the amount available for grants under section            forth under sections 20110, 20111, and 20109, the
  ‘‘(1) a geriatric prisoner; or                     20103 for any fiscal year shall be allocated to          Attorney General shall, from amounts author-
  ‘‘(2) a prisoner whose medical condition pre-      each State that meets the requirements of sec-           ized to be appropriated under paragraph (1) for
cludes the prisoner from posing a threat to the      tion 20103(c) as follows:                                each fiscal year, distribute 50 percent for incar-
public, but only after a public hearing in which        ‘‘(A) 3.0 percent shall be allocated to each          ceration grants under section 20103, and 50 per-
representatives of the public and the prisoner’s     State that meets the requirements of section             cent for incentive grants under section 20104.
victims have had an opportunity to be heard re-      20103(c), except that the United States Virgin Is-         ‘‘(B) DISTRIBUTION OF MINIMUM AMOUNTS.—
garding a proposed release.                          lands, American Samoa, Guam, and the Com-                The Attorney General shall distribute minimum
H3848                                          CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
amounts allocated for section 20103(a) to an eli-     $500,000,000 and for each of the fiscal years 1997    ‘‘Sec. 20109. Payments for Incarceration on
gible State not later than 30 days after receiving    through 2000 does not exceed $650,000,000.                           Tribal Lands.
an application that demonstrates that such              ‘‘(c) ADMINISTRATION.—The amounts appro-            ‘‘Sec. 20110. Payments to eligible States for in-
State qualifies for a Violent Offender Incarcer-      priated to carry out this section shall be re-                       carceration of criminal aliens.
ation grant under section 20103 or a Truth-in-        served from the total amount appropriated for         ‘‘Sec. 20111. Support of Federal prisoners in
Sentencing Incentive grant under section 20104.       each fiscal year and shall be added to the other                     non-Federal institutions.
  ‘‘(b) LIMITATIONS ON FUNDS.—                        funds appropriated to carry out section 242(j) of     ‘‘Sec. 20112. Report by the Attorney General.’’.
  ‘‘(1) USES OF FUNDS.—Except as provided in          the Immigration and Nationality Act and ad-              SEC. 120. The pilot debt collection project au-
section 20110 and 20111, funds made available         ministered under such section.                        thorized by Public Law 99–578, as amended, is
pursuant to this section shall be used only to          ‘‘(d) REPORT TO CONGRESS.—Not later than            extended through September 30, 1997.
carry out the purposes described in section           May 15, 1999, the Attorney General shall submit          SEC. 121. The definition of ‘‘educational ex-
20102(a).                                             a report to the Congress which contains the rec-      penses’’ in Section 200103 of the Violent Crime
  ‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds             ommendation of the Attorney General concern-          Control and Law Enforcement Act of 1994, Pub-
made available pursuant to this section shall         ing the extension of the program under this sec-      lic Law 103–322 is amended to read as follows:
not be used to supplant State funds, but shall be     tion.                                                 ‘‘educational expenses’’ means expenses that are
used to increase the amount of funds that             ‘‘SEC. 20111. SUPPORT OF FEDERAL PRISONERS            directly attributable to a course of education
would, in the absence of Federal funds, be made                     IN NON-FEDERAL INSTITUTIONS.            leading to the award of either a baccalaureate
available from State sources.                            ‘‘(a) IN GENERAL.—The Attorney General may         or graduate degree in a course of study which,
  ‘‘(3) ADMINISTRATIVE COSTS.—Not more than 3         make payments to States and units of local gov-       in the judgment of the State or local police force
percent of the funds that remain available after      ernment for the purposes authorized in section        to which the participant will be assigned, in-
carrying out sections 20109, 20110, and 20111         4013 of title 18, United States Code.                 cludes appropriate preparation for police service
shall be available to the Attorney General for          ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—             including the cost of tuition, fees, books, sup-
purposes of—                                          Notwithstanding any other provision of this           plies, transportation, room and board and mis-
  ‘‘(A) administration;                               subtitle other than section 20108(a)(2), there are    cellaneous expenses.’’
  ‘‘(B) research and evaluation, including as-        authorized to be appropriated from amounts au-           SEC. 122. Section 524(c) of title 28, United
sessment of the effect on public safety and other     thorized under section 20108 for each of fiscal       States Code, is amended by striking subpara-
effects of the expansion of correctional capacity     years 1996 through 2000 such sums as may be           graph (8)(E), as added by section 110 of the De-
and sentencing reforms implemented pursuant           necessary to carry out this section.                  partment of Justice and Related Agencies Ap-
to this subtitle;                                                                                           propriations Act, 1995 (P.L. 103–317, 108 Stat.
                                                      ‘‘SEC. 20112. REPORT BY THE ATTORNEY GEN-
  ‘‘(C) technical assistance relating to the use of                ERAL.                                    1735 (1994)).
grant funds, and development and implementa-                                                                   This title may be cited as the ‘‘Department of
                                                         ‘‘Beginning on October 1, 1996, and each sub-
tion of sentencing reforms implemented pursu-                                                               Justice Appropriations Act, 1996’’.
                                                      sequent July 1 thereafter, the Attorney General
ant to this subtitle; and                             shall report to the Congress on the implementa-         TITLE II—DEPARTMENT OF COMMERCE
  ‘‘(D) data collection and improvement of in-                                                                          AND RELATED AGENCIES
                                                      tion of this subtitle, including a report on the
formation systems relating to the confinement of                                                               TRADE AND INFRASTRUCTURE DEVELOPMENT
                                                      eligibility of the States under sections 20103 and
violent offenders and other sentencing and cor-                                                                           RELATED AGENCIES
                                                      20104, and the distribution and use of funds
rectional matters.
                                                      under this subtitle.’’.                                     OFFICE OF THE UNITED STATES TRADE
  ‘‘(4) CARRYOVER OF APPROPRIATIONS.—Funds
                                                         (b) CONFORMING AMENDMENTS.—                                         REPRESENTATIVE
appropriated pursuant to this section during
                                                         (1) OMNIBUS CRIME CONTROL AND SAFE                             SALARIES AND EXPENSES
any fiscal year shall remain available until ex-
                                                      STREETS ACT OF 1968.—                                   For necessary expenses of the Office of the
pended.
                                                         (A) PART V.—Part V of title I of the Omnibus       United States Trade Representative, including
  ‘‘(5) MATCHING FUNDS.—The Federal share of
                                                      Crime Control and Safe Streets Act of 1968 is re-     the hire of passenger motor vehicles and the em-
a grant received under this subtitle may not ex-
                                                      pealed.                                               ployment of experts and consultants as author-
ceed 90 percent of the costs of a proposal as de-
                                                         (B) FUNDING.—                                      ized by 5 U.S.C. 3109, $20,889,000, of which
scribed in an application approved under this
                                                         (i) Section 1001(a) of the Omnibus Crime Con-      $2,500,000 shall remain available until expended:
subtitle.
                                                      trol and Safe Streets Act of 1968 is amended by       Provided, That not to exceed $98,000 shall be
‘‘SEC. 20109. PAYMENTS FOR INCARCERATION ON
                                                      striking paragraph (20).                              available for official reception and representa-
              TRIBAL LANDS.
                                                         (ii) Notwithstanding the provisions of sub-
   ‘‘(a) RESERVATION OF FUNDS.—Notwithstand-                                                                tion expenses.
                                                      paragraph (A), any funds that remain available
ing any other provision of this subtitle other        to an applicant under paragraph (20) of title I              INTERNATIONAL TRADE COMMISSION
than section 20108(a)(2), from amounts appro-         of the Omnibus Crime Control and Safe Streets                     SALARIES AND EXPENSES
priated to carry out sections 20103 and 20104, the    Act of 1968 shall be used in accordance with            For necessary expenses of the International
Attorney General shall reserve, to carry out this     part V of such Act as if such Act was in effect       Trade Commission, including hire of passenger
section—                                              on the day preceding the date of enactment of         motor vehicles and services as authorized by 5
  ‘‘(1) 0.3 percent in each of fiscal years 1996                                                            U.S.C. 3109, and not to exceed $2,500 for official
                                                      this Act.
and 1997; and                                            (2) VIOLENT CRIME CONTROL AND LAW EN-              reception     and    representation     expenses,
  ‘‘(2) 0.2 percent in each of fiscal years 1998,                                                           $40,000,000, to remain available until expended.
                                                      FORCEMENT ACT OF 1994.—
1999, and 2000.
                                                         (A) TABLE OF CONTENTS.—The table of con-                   DEPARTMENT OF COMMERCE
  ‘‘(b) GRANTS TO INDIAN TRIBES.—From the
                                                      tents of the Violent Crime Control and Law En-             INTERNATIONAL TRADE ADMINISTRATION
amounts reserved under subsection (a), the At-
                                                      forcement Act of 1994 is amended by striking the             OPERATIONS AND ADMINISTRATION
torney General may make grants to Indian
                                                      matter relating to title V.                             For necessary expenses for international trade
tribes for the purposes of constructing jails on
                                                         (B) COMPLIANCE.—Notwithstanding the provi-         activities of the Department of Commerce pro-
tribal lands for the incarceration of offenders
                                                      sions of paragraph (1), any funds that remain         vided for by law, and engaging in trade pro-
subject to tribal jurisdiction.
                                                      available to an applicant under title V of the        motional activities abroad, including expenses of
  ‘‘(c) APPLICATIONS.—To be eligible to receive a
                                                      Violent Crime Control and Law Enforcement             grants and cooperative agreements for the pur-
grant under this section, an Indian tribe shall
                                                      Act of 1994 shall be used in accordance with          pose of promoting exports of United States firms,
submit to the Attorney General an application
                                                      such subtitle as if such subtitle was in effect on    without regard to 44 U.S.C. 3702 and 3703; full
in such form and containing such information
                                                      the day preceding the date of enactment of this       medical coverage for dependent members of im-
as the Attorney General may by regulation re-
                                                      Act.                                                  mediate families of employees stationed overseas
quire.
                                                         (C) TRUTH-IN-SENTENCING.—The table of con-         and employees temporarily posted overseas;
‘‘SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR
                                                      tents of the Violent Crime Control and Law En-        travel and transportation of employees of the
              INCARCERATION    OF    CRIMINAL
              ALIENS.                                 forcement Act of 1994 is amended by striking the      United States and Foreign Commercial Service
   ‘‘(a) IN GENERAL.—The Attorney General             matter relating to subtitle A of title II and in-     between two points abroad, without regard to 49
shall make a payment to each State which is eli-      serting the following:                                U.S.C. 1517; employment of Americans and
gible under section 242(j) of the Immigration and     ‘‘SUBTITLE A—VIOLENT OFFENDER INCARCER-               aliens by contract for services; rental of space
Nationality Act in such amount as is determined          ATION AND TRUTH-IN-SENTENCING INCENTIVE            abroad for periods not exceeding ten years, and
under section 242(j), and for which payment is           GRANTS                                             expenses of alteration, repair, or improvement;
not made to such State for such fiscal year           ‘‘Sec. 20101. Definitions.                            purchase or construction of temporary demount-
under such section.                                   ‘‘Sec. 20102. Authorization of Grants.                able exhibition structures for use abroad; pay-
  ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—             ‘‘Sec. 20103. Violent     offender   incarceration    ment of tort claims, in the manner authorized in
Notwithstanding any other provision of this                           grants.                               the first paragraph of 28 U.S.C. 2672 when such
subtitle, there are authorized to be appropriated     ‘‘Sec. 20104. Truth-in-sentencing         incentive   claims arise in foreign countries; not to exceed
to carry out this section from amounts author-                        grants.                               $327,000 for official representation expenses
ized under section 20108, an amount which             ‘‘Sec. 20105. Special rules.                          abroad; purchase of passenger motor vehicles for
when added to amounts appropriated to carry           ‘‘Sec. 20106. Formula for grants.                     official use abroad, not to exceed $30,000 per ve-
out section 242(j) of the Immigration and Na-         ‘‘Sec. 20107. Accountability.                         hicle; obtain insurance on official motor vehi-
tionality Act for fiscal year 1996 equals             ‘‘Sec. 20108. Authorization of appropriations.        cles; and rent tie lines and teletype equipment;
April 25, 1996                                  CONGRESSIONAL RECORD — HOUSE                                                                        H3849
$264,885,000, to remain available until expended:      provided for by law, $20,000,000: Provided, That     $21,500,000, to remain available until expended
Provided, That the provisions of the first sen-        these funds may be used to monitor projects ap-      as authorized by section 391 of the Act, as
tence of section 105(f) and all of section 108(c) of   proved pursuant to title I of the Public Works       amended: Provided, That not to exceed
the Mutual Educational and Cultural Exchange           Employment Act of 1976, as amended, title II of      $3,000,000 shall be available for program admin-
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall      the Trade Act of 1974, as amended, and the           istration and other support activities as author-
apply in carrying out these activities without         Community Emergency Drought Relief Act of            ized by section 391 of the Act including support
regard to 15 U.S.C. 4912; and that for the pur-        1977.                                                of the Advisory Council on National Informa-
pose of this Act, contributions under the provi-          MINORITY BUSINESS DEVELOPMENT AGENCY              tion Infrastructure: Provided further, That of
sions of the Mutual Educational and Cultural                  MINORITY BUSINESS DEVELOPMENT                 the funds appropriated herein, not to exceed 5
Exchange Act shall include payment for assess-           For necessary expenses of the Department of        percent may be available for telecommunications
ments for services provided as part of these ac-       Commerce in fostering, promoting, and develop-       research activities for projects related directly to
tivities.                                              ing minority business enterprise, including ex-      the development of a national information in-
             EXPORT ADMINISTRATION                     penses of grants, contracts, and other agree-        frastructure: Provided further, That notwith-
        OPERATIONS AND ADMINISTRATION                  ments with public or private organizations,          standing the requirements of section 392(a) and
   For necessary expenses for export administra-       $32,000,000.                                         392(c) of the Act, these funds may be used for
tion and national security activities of the De-        ECONOMIC AND INFORMATION INFRASTRUCTURE             the planning and construction of telecommuni-
partment of Commerce, including costs associ-                                                               cations networks for the provision of edu-
                                                             ECONOMIC AND STATISTICAL ANALYSIS
ated with the performance of export administra-                                                             cational, cultural, health care, public informa-
                                                                   SALARIES AND EXPENSES
tion field activities both domestically and                                                                 tion, public safety or other social services.
                                                         For necessary expenses, as authorized by law,
abroad; full medical coverage for dependent                                                                          PATENT AND TRADEMARK OFFICE
                                                       of economic and statistical analysis programs of
members of immediate families of employees sta-                                                                          SALARIES AND EXPENSES
                                                       the Department of Commerce, $45,900,000, to re-
tioned overseas; employment of Americans and                                                                  For necessary expenses of the Patent and
                                                       main available until September 30, 1997.
aliens by contract for services abroad; rental of                                                           Trademark Office provided for by law, including
                                                         ECONOMICS AND STATISTICS ADMINISTRATION
space abroad for periods not exceeding ten                                                                  defense of suits instituted against the Commis-
                                                                    REVOLVING FUND
years, and expenses of alteration, repair, or im-                                                           sioner of Patents and Trademarks; $82,324,000,
provement; payment of tort claims, in the man-           The Secretary of Commerce is authorized to
                                                       disseminate economic and statistical data prod-      to remain available until expended: Provided,
ner authorized in the first paragraph of 28                                                                 That the funds made available under this head-
U.S.C. 2672 when such claims arise in foreign          ucts as authorized by 15 U.S.C. 1525–1527 and,
                                                       notwithstanding 15 U.S.C. 4912, charge fees nec-     ing are to be derived from deposits in the Patent
countries; not to exceed $15,000 for official rep-
                                                       essary to recover the full costs incurred in their   and Trademark Office Fee Surcharge Fund as
resentation expenses abroad; awards of com-
                                                       production. Notwithstanding 31 U.S.C. 3302, re-      authorized by law: Provided further, That the
pensation to informers under the Export Admin-
                                                       ceipts received from these data dissemination ac-    amounts made available under the Fund shall
istration Act of 1979, and as authorized by 22
                                                       tivities shall be credited to this account, to be    not exceed amounts deposited; and such fees as
U.S.C. 401(b); purchase of passenger motor vehi-
                                                       available for carrying out these purposes with-      shall be collected pursuant to 15 U.S.C. 1113 and
cles for official use and motor vehicles for law
                                                       out further appropriation.                           35 U.S.C. 41 and 376, shall remain available
enforcement use with special requirement vehi-
                                                                     BUREAU OF THE CENSUS                   until expended.
cles eligible for purchase without regard to any
price limitation otherwise established by law;                     SALARIES AND EXPENSES                                SCIENCE AND TECHNOLOGY
$38,604,000, to remain available until expended:          For expenses necessary for collecting, compil-        NATIONAL INSTITUTE OF STANDARDS AND
Provided, That the provisions of the first sen-        ing, analyzing, preparing, and publishing sta-                          TECHNOLOGY
tence of section 105(f) and all of section 108(c) of   tistics, provided for by law, $133,812,000.              SCIENTIFIC AND TECHNICAL RESEARCH AND
the Mutual Educational and Cultural Exchange                  PERIODIC CENSUSES AND PROGRAMS                                   SERVICES
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall        For expenses necessary to collect and publish        For necessary expenses of the National Insti-
apply in carrying out these activities: Provided       statistics for periodic censuses and programs        tute of Standards and Technology, $259,000,000,
further, That payments and contributions col-          provided for by law, $150,300,000, to remain         to remain available until expended, of which
lected and accepted for materials or services pro-     available until expended.                            not to exceed $8,500,000 may be transferred to
vided as part of such activities may be retained             NATIONAL TELECOMMUNICATIONS AND                the ‘‘Working Capital Fund’’.
for use in covering the cost of such activities,                 INFORMATION ADMINISTRATION                        INDUSTRIAL TECHNOLOGY SERVICES
and for providing information to the public with                   SALARIES AND EXPENSES                      For necessary expenses of the Manufacturing
respect to the export administration and na-             For necessary expenses, as provided for by         Extension Partnership and the Advanced Tech-
tional security activities of the Department of        law, of the National Telecommunications and          nology Program of the National Institute of
Commerce and other export control programs of          Information Administration, $17,000,000 to re-       Standards and Technology, $301,000,000, to re-
the United States and other governments.               main available until expended: Provided, That        main available until expended, of which
    ECONOMIC DEVELOPMENT ADMINISTRATION                notwithstanding 31 U.S.C. 1535(d), the Secretary     $80,000,000 shall be for the Manufacturing Ex-
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS               of Commerce is authorized to charge Federal          tension Partnership, and of which $221,000,000
   For grants for economic development assist-         agencies for spectrum management, analysis,          shall be for the Advanced Technology Program:
ance as provided by the Public Works and Eco-          and operations, and related services: Provided       Provided, That not to exceed $500,000 may be
nomic Development Act of 1965, as amended,             further, That the Secretary of Commerce is au-       transferred to the ‘‘Working Capital Fund’’.
Public Law 91–304, and such laws that were in          thorized to retain and use as offsetting collec-          CONSTRUCTION OF RESEARCH FACILITIES
effect immediately before September 30, 1982,          tions all funds transferred, or previously trans-      For construction of new research facilities, in-
and     for    trade     adjustment     assistance,    ferred, from other Government agencies for spec-     cluding architectural and engineering design,
$328,500,000: Provided, That none of the funds         trum management, analysis, and operations,           and for renovation of existing facilities, not oth-
appropriated or otherwise made available under         and related services and for all costs incurred in   erwise provided for the National Institute of
this heading may be used directly or indirectly        telecommunications research, engineering, and        Standards and Technology, as authorized by 15
for attorneys’ or consultants’ fees in connection      related activities by the Institute for Tele-        U.S.C. 278c–278e, $60,000,000, to remain available
with securing grants and contracts made by the         communication Sciences of the NTIA in further-       until expended.
Economic Development Administration: Pro-              ance of its assigned functions under this para-
                                                       graph, and such funds received from other Gov-             NATIONAL OCEANIC AND ATMOSPHERIC
vided further, That, notwithstanding any other
                                                       ernment agencies shall remain available until                        ADMINISTRATION
provision of law, the Secretary of Commerce
may provide financial assistance for projects to       expended.                                                 OPERATIONS, RESEARCH, AND FACILITIES
be located on military installations closed or         PUBLIC BROADCASTING FACILITIES, PLANNING AND                 (INCLUDING TRANSFER OF FUNDS)
scheduled for closure or realignment to grantees                        CONSTRUCTION                          For necessary expenses of activities author-
eligible for assistance under the Public Works            For grants authorized by section 392 of the       ized by law for the National Oceanic and At-
and Economic Development Act of 1965, as               Communications Act of 1934, as amended,              mospheric Administration, including acquisi-
amended, without it being required that the            $15,500,000, to remain available until expended      tion, maintenance, operation, and hire of air-
grantee have title or ability to obtain a lease for    as authorized by section 391 of the Act, as          craft; not to exceed 358 commissioned officers on
the property, for the useful life of the project,      amended: Provided, That not to exceed                the active list; grants, contracts, or other pay-
when in the opinion of the Secretary of Com-           $2,200,000 shall be available for program admin-     ments to nonprofit organizations for the pur-
merce, such financial assistance is necessary for      istration as authorized by section 391 of the Act:   poses of conducting activities pursuant to coop-
the economic development of the area: Provided         Provided further, That notwithstanding the           erative agreements; and alteration, moderniza-
further, That the Secretary of Commerce may,           provisions of section 391 of the Act, the prior      tion, and relocation of facilities as authorized
as the Secretary considers appropriate, consult        year unobligated balances may be made avail-         by 33 U.S.C. 883i; $1,795,677,000, to remain avail-
with the Secretary of Defense regarding the title      able for grants for projects for which applica-      able until expended: Provided, That notwith-
to land on military installations closed or sched-     tions have been submitted and approved during        standing 31 U.S.C. 3302 but consistent with
uled for closure or realignment.                       any fiscal year.                                     other existing law, fees shall be assessed, col-
             SALARIES AND EXPENSES                          INFORMATION INFRASTRUCTURE GRANTS               lected, and credited to this appropriation as off-
  For necessary expenses of administering the           For grants authorized by section 392 of the         setting collections to be available until ex-
economic development assistance programs as            Communications Act of 1934, as amended,              pended, to recover the costs of administering
H3850                                          CONGRESSIONAL RECORD — HOUSE                                                            April 25, 1996
aeronautical charting programs: Provided fur-                    GENERAL ADMINISTRATION                    relating to the abolishment, reorganization or
ther, That the sum herein appropriated from the                   SALARIES AND EXPENSES                    transfer of functions and any related personnel
general fund shall be reduced as such additional         For expenses necessary for the general admin-     action, including voluntary separation incen-
fees are received during fiscal year 1996, so as to   istration of the Department of Commerce pro-         tives if authorized by such legislation: Provided,
result in a final general fund appropriation esti-    vided for by law, including not to exceed $3,000     That the authority to transfer funds between
mated at not more than $1,792,677,000: Provided       for official entertainment, $29,100,000.             appropriations accounts that may be necessary
further, That any such additional fees received                OFFICE OF INSPECTOR GENERAL
                                                                                                           to carry out this section is provided in addition
in excess of $3,000,000 in fiscal year 1996 shall                                                          to authorities included under section 205 of this
                                                        For necessary expenses of the Office of In-
not be available for obligation until October 1,                                                           Act: Provided further, That use of funds to
                                                      spector General in carrying out the provisions of
1996: Provided further, That fees and donations                                                            carry out this section shall be treated as a re-
                                                      the Inspector General Act of 1978, as amended (5
received by the National Ocean Service for the                                                             programming of funds under section 605 of this
                                                      U.S.C. App. 1–11 as amended by Public Law
management of the national marine sanctuaries                                                              Act and shall not be available for obligation or
                                                      100–504), $19,849,000.                               expenditure except in compliance with the pro-
may be retained and used for the salaries and
expenses associated with those activities, not-           NATIONAL INSTITUTE OF STANDARDS AND              cedures set forth in that section: Provided fur-
withstanding 31 U.S.C. 3302: Provided further,                           TECHNOLOGY                        ther, That no monies appropriated under this
That in addition, $63,000,000 shall be derived by          CONSTRUCTION OF RESEARCH FACILITIES             Act or any other law shall be used by the Sec-
transfer from the fund entitled ‘‘Promote and                           (RESCISSION)                       retary of Commerce to issue final determinations
Develop Fishery Products and Research Per-              Of the unobligated balances available under        under subsections (a), (b), (c), (e), (g) or (i) of
taining to American Fisheries’’: Provided fur-        this heading, $75,000,000 are rescinded.             section 4 of the Endangered Species Act of 1973
ther, That grants to States pursuant to sections                                                           (16 U.S.C. 1533), until such time as legislation
                                                           GENERAL PROVISIONS—DEPARTMENT OF
306 and 306(a) of the Coastal Zone Management                                                              reauthorizing the Act is enacted or until the end
                                                                          COMMERCE
Act, as amended, shall not exceed $2,000,000.                                                              of fiscal year 1996, whichever is earlier, except
                                                        SEC. 201. During the current fiscal year, appli-   that monies appropriated under this Act may be
       COASTAL ZONE MANAGEMENT FUND
                                                      cable appropriations and funds made available        used to delist or reclassify species pursuant to
  Of amounts collected pursuant to 16 U.S.C.          to the Department of Commerce by this Act shall      subsections      4(a)(2)(B),  4(c)(2)(B)(i),   and
1456a, not to exceed $7,800,000, for purposes set     be available for the activities specified in the     4(c)(2)(B)(ii) of the Endangered Species Act, and
forth in 16 U.S.C. 1456a(b)(2)(A), 16 U.S.C.          Act of October 26, 1949 (15 U.S.C. 1514), to the     may be used to issue emergency listings under
1456a(b)(2)(B)(v), and 16 U.S.C. 1461(e).             extent and in the manner prescribed by the Act,      section 4(b)(7) of the Endangered Species Act.
                 CONSTRUCTION                         and, notwithstanding 31 U.S.C. 3324, may be            SEC. 207. Notwithstanding any other provision
   For repair and modification of, and additions      used for advanced payments not otherwise au-         of law (including any regulation and including
to, existing facilities and construction of new fa-   thorized only upon the certification of officials    the Public Works and Economic Development
cilities, and for facility planning and design        designated by the Secretary that such payments       Act of 1965), the transfer of title to the Rutland
and land acquisition not otherwise provided for       are in the public interest.                          City Industrial Complex to Hilinex, Vermont (as
the National Oceanic and Atmospheric Adminis-           SEC. 202. During the current fiscal year, ap-      related to Economic Development Administra-
tration, $50,000,000, to remain available until ex-   propriations made available to the Department        tion Project Number 01–11–01742) shall not re-
pended.                                               of Commerce by this Act for salaries and ex-         quire compensation to the Federal Government
     FLEET MODERNIZATION, SHIPBUILDING AND            penses shall be available for hire of passenger      for the fair share of the Federal Government of
                   CONVERSION                         motor vehicles as authorized by 31 U.S.C. 1343       that real property.
  For expenses necessary for the repair, acquisi-     and 1344; services as authorized by 5 U.S.C.           SEC. 208. (a) IN GENERAL.—The Secretary of
tion, leasing, or conversion of vessels, including    3109; and uniforms or allowances therefor, as        Commerce, acting through the Assistant Sec-
related equipment to maintain and modernize           authorized by law (5 U.S.C. 5901–5902).              retary for Economic Development of the Depart-
the existing fleet and to continue planning the         SEC. 203. None of the funds made available by      ment of Commerce, shall—
modernization of the fleet, for the National Oce-     this Act may be used to support the hurricane          (1) not later than January 1, 1996, commence
anic     and      Atmospheric     Administration,     reconnaissance aircraft and activities that are      the demolition of the structures on, and the
$8,000,000, to remain available until expended.       under the control of the United States Air Force     cleanup and environmental remediation on, the
                                                      or the United States Air Force Reserve.              parcel of land described in subsection (b);
       FISHING VESSEL AND GEAR DAMAGE
                                                        SEC. 204. None of the funds provided in this or      (2) not later than March 31, 1996, complete the
             COMPENSATION FUND
                                                      any previous Act, or hereinafter made available      demolition, cleanup, and environmental remedi-
  For carrying out the provisions of section 3 of                                                          ation under paragraph (1); and
Public Law 95–376, not to exceed $1,032,000, to       to the Department of Commerce shall be avail-
                                                      able to reimburse the Unemployment Trust Fund          (3) not later than April 1, 1996, convey the
be derived from receipts collected pursuant to 22                                                          parcel of land described in subsection (b), in ac-
U.S.C. 1980 (b) and (f), to remain available until    or any other fund or account of the Treasury to
                                                      pay for any expenses paid before October 1,          cordance with the requirements of section 120(h)
expended.                                                                                                  of the Comprehensive Environmental Response,
                                                      1992, as authorized by section 8501 of title 5,
         FISHERMEN’S CONTINGENCY FUND                                                                      Compensation, and Liability Act of 1980 (42
                                                      United States Code, for services performed after
  For carrying out the provisions of title IV of                                                           U.S.C. 9620(h)), to the Tuscaloosa County In-
                                                      April 20, 1990, by individuals appointed to tem-
Public Law 95–372, not to exceed $999,000, to be                                                           dustrial Development Authority, on receipt of
                                                      porary positions within the Bureau of the Cen-
derived from receipts collected pursuant to that                                                           payment of the fair market value for the parcel
                                                      sus for purposes relating to the 1990 decennial
Act, to remain available until expended.                                                                   by the Authority, as agreed on by the Secretary
                                                      census of population.
        FOREIGN FISHING OBSERVER FUND                                                                      and the Authority.
                                                        SEC. 205. Not to exceed 5 percent of any ap-         (b) LAND PARCEL.—The parcel of land referred
  For expenses necessary to carry out the provi-      propriation made available for the current fiscal    to in subsection (a) is the parcel of land consist-
sions of the Atlantic Tunas Convention Act of         year for the Department of Commerce in this Act      ing of approximately 41 acres in Holt, Alabama
1975, as amended (Public Law 96–339), the Mag-        may be transferred between such appropria-           (in Tuscaloosa County), that is generally known
nuson Fishery Conservation and Management             tions, but no such appropriation shall be in-        as the ‘‘Central Foundry Property’’, as depicted
Act of 1976, as amended (Public Law 100–627)          creased by more than 10 percent by any such          on a map, and as described in a legal descrip-
and the American Fisheries Promotion Act              transfers: Provided, That any transfer pursuant      tion, that the Secretary, acting through the As-
(Public Law 96–561), there are appropriated           to this section shall be treated as a reprogram-     sistant Secretary for Economic Development, de-
from the fees imposed under the foreign fishery       ming of funds under section 605 of this Act and      termines to be satisfactory.
observer program authorized by these Acts, not        shall not be available for obligation or expendi-      SEC. 209. Any costs incurred by a Department
to exceed $196,000, to remain available until ex-     ture except in compliance with the procedures        or agency funded under this title resulting from
pended.                                               set forth in that section.                           personnel actions taken in response to funding
   FISHING VESSEL OBLIGATIONS GUARANTEES                SEC. 206. (a) Should legislation be enacted to     reductions included in this title shall be ab-
  For the cost, as defined in section 502 of the      dismantle or reorganize the Department of Com-       sorbed within the total budgetary resources
Federal Credit Reform Act of 1990, of guaran-         merce, the Secretary of Commerce, no later than      available to such Department or agency: Pro-
teed loans authorized by the Merchant Marine          90 days thereafter, shall submit to the Commit-      vided, That the authority to transfer funds be-
Act of 1936, as amended, $250,000: Provided,          tees on Appropriations of the House and the          tween appropriations accounts as may be nec-
That none of the funds made available under           Senate a plan for transferring funds provided in     essary to carry out this provision is provided in
this heading may be used to guarantee loans for       this Act to the appropriate successor organiza-      addition to authorities included elsewhere in
any new fishing vessel that will increase the         tions: Provided, That the plan shall include a       this Act: Provided further, That use of funds to
harvesting capacity in any United States fish-        proposal for transferring or rescinding funds        carry out this section shall be treated as a re-
ery.                                                  appropriated herein for agencies or programs         programming of funds under section 605 of this
         TECHNOLOGY ADMINISTRATION                    terminated under such legislation: Provided fur-     Act and shall not be available for obligation or
                                                      ther, That such plan shall be transmitted in ac-     expenditure except in compliance with the pro-
 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF             cordance with section 605 of this Act.               cedures set forth in that section.
             TECHNOLOGY POLICY                          (b) The Secretary of Commerce or the appro-          SEC. 210. None of the funds appropriated
             SALARIES AND EXPENSES                    priate head of any successor organization(s)         under this Act or any other Act may be used to
  For necessary expenses for the Under Sec-           may use any available funds to carry out legis-      develop new fishery management plans, amend-
retary for Technology/Office of Technology Pol-       lation dismantling or reorganizing the Depart-       ments or regulations which create new individ-
icy, $7,000,000.                                      ment of Commerce to cover the costs of actions       ual fishing quota, individual transferable quota,
April 25, 1996                                 CONGRESSIONAL RECORD — HOUSE                                                                         H3851
or new individual transferable effort allocation      and 1344; not to exceed $10,000 for official recep-    their employment, as authorized by 28 U.S.C.
programs, or to implement any such plans,             tion and representation expenses; and for mis-         1875(d), $267,217,000, to remain available until
amendments or regulations approved by a Re-           cellaneous expenses, to be expended as the Chief       expended as authorized by 18 U.S.C. 3006A(i):
gional Fishery Management Council or the Sec-         Justice may approve, $25,834,000.                      Provided, That none of the funds provided in
retary of Commerce after January 4, 1995, until             CARE OF THE BUILDING AND GROUNDS                 this Act shall be available for Death Penalty
offsetting fees to pay for the cost of administer-      For such expenditures as may be necessary to         Resource Centers or Post-Conviction Defender
ing such plans, amendments or regulations are         enable the Architect of the Capitol to carry out       Organizations after April 1, 1996.
expressly authorized under the Magnuson Fish-         the duties imposed upon him by the Act ap-                   FEES OF JURORS AND COMMISSIONERS
ery Conservation and Management Act (16               proved May 7, 1934 (40 U.S.C. 13a–13b),                  For fees and expenses of jurors as authorized
U.S.C. 1801 et seq.). This restriction shall not      $3,313,000, of which $500,000 shall remain avail-      by 28 U.S.C. 1871 and 1876; compensation of jury
apply in any way to any such programs ap-             able until expended.                                   commissioners as authorized by 28 U.S.C. 1863;
proved by the Secretary of Commerce prior to                                                                 and compensation of commissioners appointed
                                                         UNITED STATES COURT OF APPEALS FOR THE
January 4, 1995.                                                                                             in condemnation cases pursuant to rule 71A(h)
                                                                      FEDERAL CIRCUIT
   SEC. 211. Section 308(d) of the Interjurisdic-                                                            of the Federal Rules of Civil Procedure (28
tional Fisheries Act of 1986 (16 U.S.C. 4107(d)) is                SALARIES AND EXPENSES                     U.S.C. Appendix Rule 71A(h)); $59,028,000, to re-
amended—                                                For salaries of the chief judge, judges, and         main available until expended: Provided, That
   (1) in the heading, by striking ‘‘Grants’’ and     other officers and employees, and for necessary        the compensation of land commissioners shall
inserting ‘‘Assistance’’;                             expenses of the court, as authorized by law,           not exceed the daily equivalent of the highest
   (2) in paragraph (1), by striking ‘‘award          $14,288,000.                                           rate payable under section 5332 of title 5, United
grants to persons engaged in commercial fish-             UNITED STATES COURT OF INTERNATIONAL               States Code.
eries, for uninsured losses determined by the                              TRADE                                              COURT SECURITY
Secretary to have been suffered’’ and inserting                    SALARIES AND EXPENSES                       For necessary expenses, not otherwise pro-
‘‘help persons engaged in commercial fisheries,         For salaries of the chief judge and eight            vided for, incident to the procurement, installa-
either by providing assistance directly to those      judges, salaries of the officers and employees of      tion, and maintenance of security equipment
persons or by providing assistance indirectly                                                                and protective services for the United States
                                                      the court, services as authorized by 5 U.S.C.
through States and local government agencies                                                                 Courts in courtrooms and adjacent areas, in-
                                                      3109, and necessary expenses of the court, as au-
and nonprofit organizations, for projects or                                                                 cluding building ingress-egress control, inspec-
                                                      thorized by law, $10,859,000.
other measures to alleviate harm determined by                                                               tion of packages, directed security patrols, and
the Secretary to have been incurred’’;                  COURTS OF APPEALS, DISTRICT COURTS, AND              other similar activities as authorized by section
   (3) in paragraph (3), by striking ‘‘a grant’’                  OTHER JUDICIAL SERVICES                    1010 of the Judicial Improvement and Access to
and inserting ‘‘direct assistance to a person’’;                   SALARIES AND EXPENSES                     Justice Act (Public Law 100–702); $102,000,000, to
   (4) in paragraph (3), by striking ‘‘gross reve-      For the salaries of circuit and district judges      be expended directly or transferred to the Unit-
nues annually,’’ and inserting ‘‘net revenues         (including judges of the territorial courts of the     ed States Marshals Service which shall be re-
annually from commercial fishing,’’;                  United States), justices and judges retired from       sponsible for administering elements of the Judi-
   (5) by striking paragraph (4) and inserting the    office or from regular active service, judges of       cial Security Program consistent with standards
following:                                            the United States Court of Federal Claims,             or guidelines agreed to by the Director of the
   ‘‘(4)(A) Assistance may not be provided under      bankruptcy judges, magistrate judges, and all          Administrative Office of the United States
this subsection as part of a fishing capacity re-     other officers and employees of the Federal Ju-        Courts and the Attorney General.
duction program in a fishery unless the Sec-          diciary not otherwise specifically provided for,        ADMINISTRATIVE OFFICE OF THE UNITED STATES
retary determines that adequate conservation          and necessary expenses of the courts, as author-                            COURTS
and management measures are in place in that          ized by law, $2,433,141,000 (including the pur-                     SALARIES AND EXPENSES
fishery.                                              chase of firearms and ammunition); of which              For necessary expenses of the Administrative
   ‘‘(B) As a condition of awarding assistance        not to exceed $13,454,000 shall remain available       Office of the United States Courts as authorized
with respect to a vessel under a fishing capacity     until expended for space alteration projects; of       by law, including travel as authorized by 31
reduction program, the Secretary shall—               which not to exceed $10,000,000 shall remain           U.S.C. 1345, hire of a passenger motor vehicle as
   ‘‘(i) prohibit the vessel from being used for      available until expended for furniture and fur-        authorized by 31 U.S.C. 1343(b), advertising and
fishing; and                                          nishings related to new space alteration and           rent in the District of Columbia and elsewhere,
   ‘‘(ii) require that the vessel be—                 construction projects; and of which $500,000 is to     $47,500,000, of which not to exceed $7,500 is au-
   ‘‘(I) scrapped or otherwise disposed of in a       remain available until expended for acquisition        thorized for official reception and representa-
manner approved by the Secretary; or                  of books, periodicals, and newspapers, and all         tion expenses.
   ‘‘(II) donated to a nonprofit organization and     other legal reference materials, including sub-
thereafter used only for purposes of research,                                                                           FEDERAL JUDICIAL CENTER
                                                      scriptions.
education, or training; or                                                                                                SALARIES AND EXPENSES
                                                        In addition, for expenses of the United States
   ‘‘(III) used for another non-fishing purpose       Court of Federal Claims associated with process-         For necessary expenses of the Federal Judicial
provided the Secretary determines that adequate       ing cases under the National Childhood Vaccine         Center, as authorized by Public Law 90–219,
measures are in place to ensure that the vessel       Injury Act of 1986, not to exceed $2,318,000, to be    $17,914,000; of which $1,800,000 shall remain
cannot reenter any fishery.                           appropriated from the Vaccine Injury Com-              available through September 30, 1997, to provide
   ‘‘(C) A vessel that is prohibited from fishing     pensation Trust Fund.                                  education and training to Federal court person-
under subparagraph (B) shall not be eligible for                                                             nel; and of which not to exceed $1,000 is author-
                                                            VIOLENT CRIME REDUCTION PROGRAMS
a fishery endorsement under section 12108(a) of                                                              ized for official reception and representation ex-
                                                        For activities of the Federal Judiciary as au-       penses.
title 46, United States Code, and any such en-
                                                      thorized by law, $30,000,000, to remain available
dorsement for the vessel shall not be effective.’’;                                                                     JUDICIAL RETIREMENT FUNDS
                                                      until expended, which shall be derived from the
and                                                                                                                PAYMENT TO JUDICIARY TRUST FUNDS
                                                      Violent Crime Reduction Trust Fund, as author-
   (6) in paragraph (5), by striking ‘‘for award-                                                              For payment to the Judicial Officers’ Retire-
                                                      ized by section 190001(a) of Public Law 103–322.
ing grants’’ and all that follows through the                                                                ment Fund, as authorized by 28 U.S.C. 377(o),
                                                                     DEFENDER SERVICES
end of the paragraph and inserting ‘‘for receiv-                                                             $24,000,000, to the Judicial Survivors’ Annuities
ing assistance under this subsection.’’.                 For the operation of Federal Public Defender
                                                                                                             Fund, as authorized by 28 U.S.C. 376(c),
   SEC. 212. The Secretary may award contracts        and Community Defender organizations, the
                                                                                                             $7,000,000, and to the United States Court of
for hydrographic, geodetic, and photogrammet-         compensation and reimbursement of expenses of
                                                                                                             Federal Claims Judges’ Retirement Fund, as au-
ric surveying and mapping services in accord-         attorneys appointed to represent persons under
                                                                                                             thorized by 28 U.S.C. 178(l), $1,900,000.
ance with Title IX of the Federal Property and        the Criminal Justice Act of 1964, as amended,
                                                      the compensation and reimbursement of ex-                  UNITED STATES SENTENCING COMMISSION
Administrative Services Act of 1949 (40 U.S.C.
                                                      penses of persons furnishing investigative, ex-                     SALARIES AND EXPENSES
541 et seq.).
   This title may be cited as the ‘‘Department of     pert and other services under the Criminal Jus-          For the salaries and expenses necessary to
Commerce and Related Agencies Appropriations          tice Act (18 U.S.C. 3006A(e)), the compensation        carry out the provisions of chapter 58 of title 28,
Act, 1996’’.                                          (in accordance with Criminal Justice Act maxi-         United States Code, $8,500,000, of which not to
                                                      mums) and reimbursement of expenses of attor-          exceed $1,000 is authorized for official reception
            TITLE III—THE JUDICIARY                                                                          and representation expenses.
                                                      neys appointed to assist the court in criminal
      SUPREME COURT OF THE UNITED STATES              cases where the defendant has waived represen-               GENERAL PROVISIONS—THE JUDICIARY
             SALARIES AND EXPENSES                    tation by counsel, the compensation and reim-            SEC. 301. Appropriations and authorizations
  For expenses necessary for the operation of         bursement of travel expenses of guardians ad           made in this title which are available for sala-
the Supreme Court, as required by law, exclud-        litem acting on behalf of financially eligible         ries and expenses shall be available for services
ing care of the building and grounds, including       minor or incompetent offenders in connection           as authorized by 5 U.S.C. 3109.
purchase or hire, driving, maintenance and op-        with transfers from the United States to foreign         SEC. 302. Appropriations made in this title
eration of an automobile for the Chief Justice,       countries with which the United States has a           shall be available for salaries and expenses of
not to exceed $10,000 for the purpose of trans-       treaty for the execution of penal sentences, and       the Special Court established under the Re-
porting Associate Justices, and hire of passenger     the compensation of attorneys appointed to rep-        gional Rail Reorganization Act of 1973, Public
motor vehicles as authorized by 31 U.S.C. 1343        resent jurors in civil actions for the protection of   Law 93–236.
H3852                                            CONGRESSIONAL RECORD — HOUSE                                                           April 25, 1996
  SEC. 303. Not to exceed 5 percent of any ap-          Arms Export Control Act, as amended, may be          rity Construction Program as authorized by title
propriation made available for the current fiscal       used in accordance with section 45 of the State      IV of the Omnibus Diplomatic Security and
year for the Judiciary in this Act may be trans-        Department Basic Authorities Act of 1956, 22         Antiterrorism Act of 1986 (22 U.S.C. 4851),
ferred between such appropriations, but no such         U.S.C. 2717; and in addition not to exceed           $385,760,000, to remain available until expended
appropriation, except ‘‘Courts of Appeals, Dis-         $1,223,000 shall be derived from fees from other     as authorized by 22 U.S.C. 2696(c): Provided,
trict Courts, and other Judicial Services, De-          executive agencies for lease or use of facilities    That none of the funds appropriated in this
fender Services’’, shall be increased by more           located at the International Center in accord-       paragraph shall be available for acquisition of
than 10 percent by any such transfers: Pro-             ance with section 4 of the International Center      furniture and furnishings and generators for
vided, That any transfer pursuant to this sec-          Act (Public Law 90–553, as amended by section        other departments and agencies.
tion shall be treated as a reprogramming of             120 of Public Law 101–246); and in addition not      EMERGENCIES IN THE DIPLOMATIC AND CONSULAR
funds under section 605 of this Act and shall not       to exceed $15,000 which shall be derived from re-                      SERVICE
be available for obligation or expenditure except       imbursements, surcharges, and fees for use of          For expenses necessary to enable the Sec-
in compliance with the procedures set forth in          Blair House facilities in accordance with section    retary of State to meet unforeseen emergencies
that section.                                           46 of the State of Department Basic Authorities      arising in the Diplomatic and Consular Service
  SEC. 304. Notwithstanding any other provision         Act of 1956 (22 U.S.C. 2718(a)).                     pursuant to the requirement of 31 U.S.C. 3526(e),
of law, the salaries and expenses appropriation           Notwithstanding section 402 of this Act, not to    $6,000,000, to remain available until expended as
for district courts, courts of appeals, and other       exceed 20 percent of the amounts made available      authorized by 22 U.S.C. 2696(c), of which not to
judicial services shall be available for official re-   in this Act in the appropriation accounts, ‘‘Dip-    exceed $1,000,000 may be transferred to and
ception and representation expenses of the Judi-        lomatic and Consular Programs’’ and ‘‘Salaries       merged with the Repatriation Loans Program
cial Conference of the United States: Provided,         and Expenses’’ under the heading ‘‘Administra-       Account, subject to the same terms and condi-
That such available funds shall not exceed              tion of Foreign Affairs’’ may be transferred be-     tions.
$10,000 and shall be administered by the Direc-         tween such appropriation accounts: Provided,             REPATRIATION LOANS PROGRAM ACCOUNT
tor of the Administrative Office of the United          That any transfer pursuant to this section shall
States Courts in his capacity as Secretary of the                                                              For the cost of direct loans, $593,000, as au-
                                                        be treated as a reprogramming of funds under         thorized by 22 U.S.C. 2671: Provided, That such
Judicial Conference.                                    section 605 of this Act and shall not be available
  SEC. 305. Section 333 of title 28, United States                                                           costs, including the cost of modifying such
                                                        for obligation or expenditure except in compli-      loans, shall be as defined in section 502 of the
Code, is amended—
  (1) in the first paragraph by striking ‘‘shall’’      ance with the procedures set forth in that sec-      Congressional Budget Act of 1974. In addition,
the first, second, and fourth place it appears          tion.                                                for administrative expenses necessary to carry
and inserting ‘‘may’’; and                                For an additional amount for security en-          out the direct loan program, $183,000 which may
  (2) in the second paragraph—                          hancements to counter the threat of terrorism,       be transferred to and merged with the Salaries
  (A) by striking ‘‘shall’’ the first place it ap-      $9,720,000, to remain available until expended.      and Expenses account under Administration of
pears and inserting ‘‘may’’; and                                    SALARIES AND EXPENSES                    Foreign Affairs.
  (B) by striking ‘‘, and unless excused by the            For expenses necessary for the general admin-     PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
chief judge, shall remain throughout the con-           istration of the Department of State and the           For necessary expenses to carry out the Tai-
ference’’.                                              Foreign Service, provided for by law, including
  This title may be cited as ‘‘The Judiciary Ap-                                                             wan Relations Act, Public Law 96–8 (93 Stat.
                                                        expenses authorized by section 9 of the Act of       14), $15,165,000.
propriations Act, 1996’’.                               August 31, 1964, as amended (31 U.S.C. 3721),
                                                                                                             PAYMENT TO THE FOREIGN SERVICE RETIREMENT
  TITLE IV—DEPARTMENT OF STATE AND                      and the State Department Basic Authorities Act
                                                                                                                        AND DISABILITY FUND
              RELATED AGENCIES                          of 1956, as amended, $363,276,000.
                                                           For an additional amount for security en-           For payment to the Foreign Service Retire-
            DEPARTMENT OF STATE
                                                        hancements to counter the threat of terrorism,       ment and Disability Fund, as authorized by
      ADMINISTRATION OF FOREIGN AFFAIRS                                                                      law, $125,402,000.
     DIPLOMATIC AND CONSULAR PROGRAMS
                                                        $1,870,000, to remain available until expended.
                                                                   CAPITAL INVESTMENT FUND                         INTERNATIONAL ORGANIZATIONS AND
   For necessary expenses of the Department of                                                                                  CONFERENCES
State and the Foreign Service not otherwise pro-          For necessary expenses of the Capital Invest-
                                                        ment Fund, $16,400,000, to remain available                 CONTRIBUTIONS TO INTERNATIONAL
vided for, including expenses authorized by the
State Department Basic Authorities Act of 1956,         until expended, as authorized in Public Law                         ORGANIZATIONS
as amended; representation to certain inter-            103–236: Provided, That section 135(e) of Public        For expenses, not otherwise provided for, nec-
national organizations in which the United              Law 103–236 shall not apply to funds appro-          essary to meet annual obligations of membership
States participates pursuant to treaties, ratified      priated under this heading.                          in international multilateral organizations, pur-
pursuant to the advice and consent of the Sen-                   OFFICE OF INSPECTOR GENERAL                 suant to treaties ratified pursuant to the advice
ate, or specific Acts of Congress; acquisition by         For necessary expenses of the Office of In-        and consent of the Senate, conventions or spe-
exchange or purchase of passenger motor vehi-           spector General in carrying out the provisions of    cific Acts of Congress, $892,000,000: Provided,
cles as authorized by 31 U.S.C. 1343, 40 U.S.C.         the Inspector General Act of 1978, as amended (5     That any payment of arrearages shall be di-
481(c) and 22 U.S.C. 2674; and for expenses of          U.S.C. App.), $27,369,000, notwithstanding sec-      rected toward special activities that are mutu-
general administration, $1,708,800,000: Provided,       tion 209(a)(1) of the Foreign Service Act of 1980    ally agreed upon by the United States and the
That notwithstanding section 140(a)(5), and the         (Public Law 96–465), as it relates to post inspec-   respective international organization: Provided
second sentence of section 140(a)(3) of the For-        tions: Provided, That notwithstanding any            further, That 20 percent of the funds appro-
eign Relations Authorization Act, Fiscal Years          other provision of law, (1) the Office of the In-    priated in this paragraph for the assessed con-
1994 and 1995 (Public Law 103–236), not to ex-          spector General of the United States Informa-        tribution of the United States to the United Na-
ceed $125,000,000 of fees may be collected during       tion Agency is hereby merged with the Office of      tions shall be withheld from obligation and ex-
fiscal year 1996 under the authority of section         the Inspector General of the Department of           penditure until a certification is made under
140(a)(1) of that Act: Provided further, That all       State; (2) the functions exercised and assigned      section 401(b) of Public Law 103–236 for fiscal
fees collected under the preceding proviso shall        to the Office of the Inspector General of the        year 1996: Provided further, That certification
be deposited in fiscal year 1996 as an offsetting       United States Information Agency before the ef-      under section 401(b) of Public Law 103–236 for
collection to appropriations made under this            fective date of this Act (including all related      fiscal year 1996 may only be made if the Commit-
heading to recover the costs of providing con-          functions) are transferred to the Office of the      tees on Appropriations and Foreign Relations of
sular services and shall remain available until         Inspector General of the Department of State;        the Senate and the Committees on Appropria-
expended: Provided further, That starting in fis-       and (3) the Inspector General of the Department      tions and International Relations of the House
cal year 1997, a system shall be in place that al-      of State shall also serve as the Inspector General   of Representatives are notified of the steps
locates to each department and agency the full          of the United States Information Agency.             taken, and anticipated, to meet the requirements
cost of its presence outside of the United States.               REPRESENTATION ALLOWANCES
                                                                                                             of section 401(b) of Public Law 103–236 at least
   Of the funds provided under this heading,                                                                 15 days in advance of the proposed certification:
                                                          For representation allowances as authorized
$24,856,000 shall be available only for the Diplo-                                                           Provided further, That none of the funds appro-
                                                        by section 905 of the Foreign Service Act of 1980,
matic Telecommunications Service for operation                                                               priated in this paragraph shall be available for
                                                        as amended (22 U.S.C. 4085), $4,500,000.
of existing base services and not to exceed                                                                  a United States contribution to an international
                                                        PROTECTION OF FOREIGN MISSIONS AND OFFICIALS         organization for the United States share of in-
$17,144,000 shall be available only for the en-
hancement of the Diplomatic Telecommuni-                  For expenses, not otherwise provided, to en-       terest costs made known to the United States
cations Service and shall remain available until        able the Secretary of State to provide for ex-       Government by such organization for loans in-
expended. Of the latter amount, $2,500,000 shall        traordinary protective services in accordance        curred on or after October 1, 1984, through ex-
not be made available until expiration of the 15        with the provisions of section 214 of the State      ternal borrowings: Provided further, That of the
day period beginning on the date when the Sec-          Department Basic Authorities Act of 1956 (22         funds     appropriated    in   this   paragraph,
retary of State and the Director of the Diplo-          U.S.C. 4314) and 3 U.S.C. 208, $8,579,000.           $80,000,000 may be made available only on a
matic Telecommunications Service submit the              SECURITY AND MAINTENANCE OF UNITED STATES           quarterly basis and only after the Secretary of
pilot program report required by section 507 of                           MISSIONS                           State certifies on a quarterly basis that the
Public Law 103–317.                                       For necessary expenses for carrying out the        United Nations has taken no action to increase
   In addition, not to exceed $700,000 in registra-     Foreign Service Buildings Act of 1926, as amend-     funding for any United Nations program with-
tion fees collected pursuant to section 38 of the       ed (22 U.S.C. 292–300), and the Diplomatic Secu-     out identifying an offsetting decrease elsewhere
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                       H3853
in the United Nations budget and cause the           tion expenses incurred by the International          ized by sections 4 and 5 of the Eisenhower Ex-
United Nations to exceed its no growth budget        Joint Commission.                                    change Fellowship Act of 1990 (20 U.S.C. 5204–
for the biennium 1996–1997 adopted in December,          INTERNATIONAL FISHERIES COMMISSIONS              05), all interest and earnings accruing to the Ei-
1995.                                                  For necessary expenses for international fish-     senhower Exchange Fellowship Program Trust
      CONTRIBUTIONS FOR INTERNATIONAL                eries commissions, not otherwise provided for, as    Fund on or before September 30, 1996, to remain
          PEACEKEEPING ACTIVITIES                    authorized by law, $14,669,000: Provided, That       available until expended: Provided, That none
   For necessary expenses to pay assessed and        the United States share of such expenses may be      of the funds appropriated herein shall be used
other expenses of international peacekeeping ac-     advanced to the respective commissions, pursu-       to pay any salary or other compensation, or to
tivities directed to the maintenance or restora-     ant to 31 U.S.C. 3324.                               enter into any contract providing for the pay-
tion of international peace and security,                                  OTHER                          ment thereof, in excess of the rate authorized by
$359,000,000: Provided, That none of the funds              PAYMENT TO THE ASIA FOUNDATION                5 U.S.C. 5376; or for purposes which are not in
made available under this Act shall be obligated       For a grant to the Asia Foundation, as au-         accordance with OMB Circulars A–110 (Uniform
or expended for any new or expanded United           thorized by section 501 of Public Law 101–246,       Administrative Requirements) and A–122 (Cost
Nations peacekeeping mission unless, at least        $5,000,000, to remain available until expended as    Principles for Non-profit Organizations), includ-
fifteen days in advance of voting for the new or     authorized by 22 U.S.C. 2696(c).                     ing the restrictions on compensation for per-
expanded mission in the United Nations Secu-                                                              sonal services.
                                                                   RELATED AGENCIES
rity Council (or in an emergency, as far in ad-                                                                 ISRAELI ARAB SCHOLARSHIP PROGRAM
                                                        ARMS CONTROL AND DISARMAMENT AGENCY
vance as is practicable), (1) the Committees on                                                             For necessary expenses of the Israeli Arab
                                                       ARMS CONTROL AND DISARMAMENT ACTIVITIES            Scholarship Program as authorized by section
Appropriations of the House of Representatives
and the Senate and other appropriate Commit-           For necessary expenses not otherwise pro-          214 of the Foreign Relations Authorization Act,
tees of the Congress are notified of the estimated   vided, for arms control, nonproliferation, and       Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all
cost and length of the mission, the vital na-        disarmament activities, $38,700,000, of which not    interest and earnings accruing to the Israeli
tional interest that will be served, and the         to exceed $50,000 shall be for official reception    Arab Scholarship Fund on or before September
planned exit strategy; and (2) a reprogramming       and representation expenses as authorized by         30, 1996, to remain available until expended.
of funds pursuant to section 605 of this Act is      the Act of September 26, 1961, as amended (22          AMERICAN STUDIES COLLECTIONS ENDOWMENT
submitted, and the procedures therein followed,      U.S.C. 2551 et seq.).                                                    FUND
setting forth the source of funds that will be            UNITED STATES INFORMATION AGENCY                  For necessary expenses of American Studies
used to pay for the cost of the new or expanded                  SALARIES AND EXPENSES                    Collections as authorized by section 235 of the
mission: Provided further, That funds shall be          For expenses, not otherwise provided for, nec-    Foreign Relations Authorization Act, Fiscal
available for peacekeeping expenses only upon a      essary to enable the United States Information       Years 1994 and 1995, all interest and earnings
certification by the Secretary of State to the ap-   Agency, as authorized by the Mutual Edu-             accruing to the American Studies Collections
propriate committees of the Congress that Amer-      cational and Cultural Exchange Act of 1961, as       Endowment Fund on or before September 30,
ican manufacturers and suppliers are being           amended (22 U.S.C. 2451 et seq.), the United         1996, to remain available until expended.
given opportunities to provide equipment, serv-      States Information and Educational Exchange             INTERNATIONAL BROADCASTING OPERATIONS
ices and material for United Nations peacekeep-      Act of 1948, as amended (22 U.S.C. 1431 et seq.)       For expenses necessary to enable the United
ing activities equal to those being given to for-    and Reorganization Plan No. 2 of 1977 (91 Stat.      States Information Agency, as authorized by the
eign manufacturers and suppliers.                    1636), to carry out international communication,     United States Information and Educational Ex-
       INTERNATIONAL CONFERENCES AND                 educational and cultural activities; and to carry    change Act of 1948, as amended, the United
               CONTINGENCIES                         out related activities authorized by law, includ-    States International Broadcasting Act of 1994,
  For necessary expenses authorized by section       ing employment, without regard to civil service      as amended, and Reorganization Plan No. 2 of
5 of the State Department Basic Authorities Act      and classification laws, of persons on a tem-        1977, to carry out international communication
of 1956, in addition to funds otherwise available    porary basis (not to exceed $700,000 of this ap-     activities; $325,191,000, of which $5,000,000 shall
for these purposes, contributions for the United     propriation), as authorized by 22 U.S.C. 1471,       remain available until expended, not to exceed
States share of general expenses of international    and entertainment, including official receptions,    $16,000 may be used for official receptions with-
organizations and conferences and representa-        within the United States, not to exceed $25,000      in the United States as authorized by 22 U.S.C.
tion to such organizations and conferences as        as authorized by 22 U.S.C. 1474(3); $445,645,000:    1474(3), not to exceed $35,000 may be used for
provided for by 22 U.S.C. 2656 and 2672 and per-     Provided, That not to exceed $1,400,000 may be       representation abroad as authorized by 22
sonal services without regard to civil service and   used for representation abroad as authorized by      U.S.C. 1452 and 4085, and not to exceed $39,000
classification laws as authorized by 5 U.S.C.        22 U.S.C. 1452 and 4085: Provided further, That      may be used for official reception and represen-
5102, $3,000,000, to remain available until ex-      not to exceed $7,615,000 to remain available until   tation expenses of Radio Free Europe/Radio Lib-
pended as authorized by 22 U.S.C. 2696(c), of        expended, may be credited to this appropriation      erty; and in addition, not to exceed $250,000
which not to exceed $200,000 may be expended         from fees or other payments received from or in      from fees as authorized by section 810 of the
for representation as authorized by 22 U.S.C.        connection with English teaching, library, mo-       United States Information and Educational Ex-
4085.                                                tion pictures, and publication programs as au-       change Act of 1948, as amended, to remain
           INTERNATIONAL COMMISSIONS                 thorized by section 810 of the United States In-     available until expended for carrying out au-
                                                     formation and Educational Exchange Act of            thorized purposes; and in addition, notwith-
  For necessary expenses, not otherwise pro-
                                                     1948, as amended: Provided further, That not to      standing any other provision of law, not to ex-
vided for, to meet obligations of the United
                                                     exceed $1,700,000 to remain available until ex-      ceed $1,000,000 in monies received (including re-
States arising under treaties, or specific Acts of
                                                     pended may be used to carry out projects involv-     ceipts from advertising, if any) by or for the use
Congress, as follows:
                                                     ing security construction and related improve-       of the United States Information Agency from or
     INTERNATIONAL BOUNDARY AND WATER
                                                     ments for agency facilities not physically lo-       in connection with broadcasting resources
    COMMISSION, UNITED STATES AND MEXICO
                                                     cated together with Department of State facili-      owned by or on behalf of the Agency, to be
  For necessary expenses for the United States       ties abroad.                                         available until expended for carrying out au-
Section of the International Boundary and                           TECHNOLOGY FUND                       thorized purposes.
Water Commission, United States and Mexico,            For expenses necessary to enable the United                     BROADCASTING TO CUBA
and to comply with laws applicable to the Unit-      States Information Agency to provide for the           For expenses necessary to enable the United
ed States Section, including not to exceed $6,000    procurement of information technology improve-       States Information Agency to carry out the
for representation; as follows:                      ments, as authorized by the United States Infor-     Radio Broadcasting to Cuba Act, as amended,
            SALARIES AND EXPENSES                    mation and Educational Exchange Act of 1948,         the Television Broadcasting to Cuba Act, and
  For salaries and expenses, not otherwise pro-      as amended (22 U.S.C. 1431 et seq.), the Mutual      the International Broadcasting Act of 1994, in-
vided for, $12,058,000.                              Educational and Cultural Exchange Act of 1961,       cluding the purchase, rent, construction, and
                 CONSTRUCTION                        as amended (22 U.S.C. 2451 et seq.), and Reorga-     improvement of facilities for radio and television
  For detailed plan preparation and construc-        nization Plan No. 2 of 1977 (91 Stat. 1636),         transmission and reception, and purchase and
tion of authorized projects, $6,644,000, to remain   $5,050,000, to remain available until expended.      installation of necessary equipment for radio
available until expended as authorized by 22             EDUCATIONAL AND CULTURAL EXCHANGE                and television transmission and reception,
U.S.C. 2696(c).                                                      PROGRAMS                             $24,809,000 to remain available until expended:
       AMERICAN SECTIONS, INTERNATIONAL                For expenses of educational and cultural ex-       Provided, That not later than April 1, 1996, the
                  COMMISSIONS                        change programs, as authorized by the Mutual         headquarters of the Office of Cuba Broadcasting
  For necessary expenses, not otherwise pro-         Educational and Cultural Exchange Act of 1961,       shall be relocated from Washington, D.C. to
vided for the International Joint Commission         as amended (22 U.S.C. 2451 et seq.), and Reorga-     south Florida, and that any funds available
and the International Boundary Commission,           nization Plan No. 2 of 1977 (91 Stat. 1636),         under the headings ‘‘International Broadcast-
United States and Canada, as authorized by           $200,000,000, to remain available until expended     ing Operations’’, ‘‘Broadcasting to Cuba’’, and
treaties between the United States and Canada        as authorized by 22 U.S.C. 2455:                     ‘‘Radio Construction’’ may be available to carry
or Great Britain, and for the Border Environ-         EISENHOWER EXCHANGE FELLOWSHIP PROGRAM              out this relocation.
ment Cooperation Commission as authorized by                        TRUST FUND                                          RADIO CONSTRUCTION
Public Law 103–182; $5,800,000, of which not to        For necessary expenses of Eisenhower Ex-             For an additional amount for the purchase,
exceed $9,000 shall be available for representa-     change Fellowships, Incorporated, as author-         rent, construction, and improvement of facilities
H3854                                          CONGRESSIONAL RECORD — HOUSE                                                            April 25, 1996
for radio transmission and reception and pur-         rector of the Arms Control and Disarmament           Chemical Weapons Convention’’: Provided, That
chase and installation of necessary equipment         Agency, as appropriate, may use any available        amounts made available shall not be used to un-
for radio and television transmission and recep-      funds to cover the costs of actions to consoli-      dertake new programs or to increase employ-
tion as authorized by 22 U.S.C. 1471, $40,000,000,    date, reorganize or downsize the functions           ment above levels on board at the time of enact-
to remain available until expended as author-         under their authority required by such legisla-      ment of this Act.
ized by 22 U.S.C. 1477b(a).                           tion, and of any related personnel action, in-         This title may be cited as the ‘‘Department of
                EAST-WEST CENTER                      cluding voluntary separation incentives if au-       State and Related Agencies Appropriations Act,
  To enable the Director of the United States         thorized by such legislation: Provided, That the     1996’’.
Information Agency to provide for carrying out        authority to transfer funds between appropria-                TITLE V—RELATED AGENCIES
the provisions of the Center for Cultural and         tions accounts that may be necessary to carry
                                                                                                               DEPARTMENT OF TRANSPORTATION
Technical Interchange Between East and West           out this section is provided in addition to au-
                                                      thorities included under section 402 of this Act:                MARITIME ADMINISTRATION
Act of 1960 (22 U.S.C. 2054–2057), by grant to the
Center for Cultural and Technical Interchange         Provided further, That use of funds to carry out             OPERATING-DIFFERENTIAL SUBSIDIES
Between East and West in the State of Hawaii,         this section shall be treated as a reprogramming         (LIQUIDATION OF CONTRACT AUTHORITY)
$11,750,000: Provided, That none of the funds         of funds under section 605 of this Act and shall       For the payment of obligations incurred for
appropriated herein shall be used to pay any          not be available for obligation or expenditure       operating-differential subsidies as authorized by
salary, or enter into any contract providing for      except in compliance with the procedures set         the Merchant Marine Act, 1936, as amended,
the payment thereof, in excess of the rate au-        forth in that section.                               $162,610,000, to remain available until expended.
thorized by 5 U.S.C. 5376.                               SEC. 405. Funds appropriated by this Act for
                                                                                                               MARITIME NATIONAL SECURITY PROGRAM
                                                      the United States Information Agency, the Arms
               NORTH/SOUTH CENTER                                                                            For necessary expenses to maintain and pre-
                                                      Control and Disarmament Agency, and the De-
  To enable the Director of the United States         partment of State may be obligated and ex-           serve a U.S.-flag merchant fleet to serve the na-
Information Agency to provide for carrying out        pended notwithstanding section 701 of the Unit-      tional security needs of the United States as de-
the provisions of the North/South Center Act of       ed States Information and Educational Ex-            termined by the Secretary of Defense in con-
1991 (22 U.S.C. 2075), by grant to an educational     change Act of 1948 and section 313 of the For-       sultation with the Secretary of Transportation,
institution in Florida known as the North/South       eign Relations Authorization Act, Fiscal Years       $46,000,000, to remain available until expended:
Center, $2,000,000, to remain available until ex-     1994 and 1995, section 53 of the Arms Control        Provided, That these funds will be available
pended.                                               and Disarmament Act, and section 15 of the           only upon enactment of an authorization for
     NATIONAL ENDOWMENT FOR DEMOCRACY                 State Department Basic Authorities Act of 1956.      this program.
   For grants made by the United States Infor-           SEC. 406. Section 36(a)(1) of the State Depart-              OPERATIONS AND TRAINING
mation Agency to the National Endowment for           ment Authorities Act of 1956, as amended (22           For necessary expenses of operations and
Democracy as authorized by the National En-           U.S.C. 2708), is amended to delete ‘‘may pay a       training     activities  authorized     by    law,
dowment for Democracy Act, $30,000,000, to re-        reward’’ and insert in lieu thereof ‘‘shall estab-   $66,600,000, to remain available until expended:
main available until expended.                        lish and publicize a program under which re-         Provided, That notwithstanding any other pro-
  GENERAL PROVISIONS—DEPARTMENT OF STATE              wards may be paid’’.                                 vision of law, the Secretary of Transportation
              AND RELATED AGENCIES                       SEC. 407. Sections 6(a) and 6(b) of Public Law    may use proceeds derived from the sale or dis-
                                                      101–454 are repealed. In addition, notwithstand-     posal of National Defense Reserve Fleet vessels
   SEC. 401. Funds appropriated under this title
                                                      ing any other provision of law, Eisenhower Ex-       that are currently collected and retained by the
shall be available, except as otherwise provided,
                                                      change Fellowships, Incorporated, may use one-       Maritime Administration, to be used for facility
for allowances and differentials as authorized
                                                      third of any earned but unused trust income          and ship maintenance, modernization and re-
by subchapter 59 of 5 U.S.C.; for services as au-
                                                      from the period 1992 through 1995 for Fellowship     pair, conversion, acquisition of equipment, and
thorized by 5 U.S.C. 3109; and hire of passenger
                                                      purposes in each of fiscal years 1996 through        fuel costs necessary to maintain training at the
transportation pursuant to 31 U.S.C. 1343(b).
                                                      1998.                                                United States Merchant Marine Academy and
   SEC. 402. Not to exceed 5 percent of any ap-          SEC. 408. It is the sense of the Senate that      State maritime academies and may be trans-
propriation made available for the current fiscal     none of the funds appropriated or otherwise          ferred to the Secretary of the Interior for use as
year for the Department of State in this Act may      made available pursuant to this Act should be        provided in the National Maritime Heritage Act
be transferred between such appropriations, but       used for the deployment of combat-equipped           (Public Law 103–451): Provided further, That re-
no such appropriation, except as otherwise spe-       forces of the Armed Forces of the United States      imbursements may be made to this appropriation
cifically provided, shall be increased by more        for any ground operations in Bosnia and              from receipts to the ‘‘Federal Ship Financing
than 10 percent by any such transfers: Pro-           Herzegovina unless—                                  Fund’’ for administrative expenses in support of
vided, That not to exceed 5 percent of any ap-           (1) Congress approves in advance the deploy-      that program in addition to any amount here-
propriation made available for the current fiscal     ment of such forces of the Armed Forces; or          tofore appropriated.
year for the United States Information Agency            (2) the temporary deployment of such forces of    MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
in this Act may be transferred between such ap-       the Armed Forces of the United States into                            ACCOUNT
propriations, but no such appropriation, except       Bosnia and Herzegovina is necessary to evacu-
as otherwise specifically provided, shall be in-                                                             For the cost of guaranteed loans, as author-
                                                      ate United Nations peacekeeping forces from a
creased by more than 10 percent by any such                                                                ized by the Merchant Marine Act of 1936,
                                                      situation of imminent danger, to undertake
transfers: Provided further, That any transfer                                                             $40,000,000, to remain available until expended:
                                                      emergency air rescue operations, or to provide
pursuant to this section shall be treated as a re-                                                         Provided, That such costs, including the cost of
                                                      for the airborne delivery of humanitarian sup-
programming of funds under section 605 of this                                                             modifying such loans, shall be as defined in sec-
                                                      plies, and the President reports as soon as prac-
Act and shall not be available for obligation or                                                           tion 502 of the Congressional Budget Act of 1974,
                                                      ticable to Congress after the initiation of the
expenditure except in compliance with the pro-                                                             as amended: Provided further, That these funds
                                                      temporary deployment, but in no case later than
cedures set forth in that section.                                                                         are available to subsidize total loan principal,
                                                      48 hours after the initiation of the deployment.
   SEC. 403. Funds appropriated or otherwise             SEC. 409. Any costs incurred by a Department      any part of which is to be guaranteed, not to ex-
made available under this Act or any other Act        or agency funded under this title resulting from     ceed $1,000,000,000.
may be expended for compensation of the United        personnel actions taken in response to funding         In addition, for administrative expenses to
States Commissioner of the International              reductions included in this title shall be ab-       carry out the guaranteed loan program, not to
Boundary Commission, United States and Can-           sorbed within the total budgetary resources          exceed $3,500,000, which shall be transferred to
ada, only for actual hours worked by such Com-        available to such Department or agency: Pro-         and merged with the appropriation for Oper-
missioner.                                            vided, That the authority to transfer funds be-      ations and Training.
   SEC. 404. (a) No later than 90 days after enact-   tween appropriations accounts as may be nec-              ADMINISTRATIVE PROVISIONS—MARITIME
ment of legislation consolidating, reorganizing       essary to carry out this provision is provided in                    ADMINISTRATION
or downsizing the functions of the Department         addition to authorities included elsewhere in          Notwithstanding any other provision of this
of State, the United States Information Agency,       this Act: Provided further, That use of funds to     Act, the Maritime Administration is authorized
and the Arms Control and Disarmament Agen-            carry out this section shall be treated as a re-     to furnish utilities and services and make nec-
cy, the Secretary of State, the Director of the       programming of funds under section 605 of this       essary repairs in connection with any lease,
United States Information Agency and the Di-          Act and shall not be available for obligation or     contract, or occupancy involving Government
rector of the Arms Control and Disarmament            expenditure except in compliance with the pro-       property under control of the Maritime Adminis-
Agency shall submit to the Committees on Ap-          cedures set forth in that section.                   tration, and payments received therefor shall be
propriations of the House and the Senate a pro-          SEC. 410. Section 235 of the Foreign Relations    credited to the appropriation charged with the
posal for transferring or rescinding funds appro-     Authorization Act, Fiscal Years 1990 and 1991        cost thereof: Provided, That rental payments
priated herein for functions that are consoli-        (Public Law 101–246) is amended by inserting         under any such lease, contract, or occupancy
dated, reorganized or downsized under such leg-       ‘‘Tinian,’’ after ‘‘Sao Tome,’’.                     for items other than such utilities, services, or
islation: Provided, That such plan shall be              SEC. 411. The appropriation for the Arms Con-     repairs shall be covered into the Treasury as
transmitted in accordance with section 605 of         trol and Disarmament Agency in Public Law            miscellaneous receipts.
this Act.                                             103–317 (108 Stat. 1768) is amended by deleting        No obligations shall be incurred during the
   (b) The Secretary of State, the Director of the    after ‘‘until expended’’ the following: ‘‘only for   current fiscal year from the construction fund
United States Information Agency, and the Di-         activities related to the implementation of the      established by the Merchant Marine Act, 1936,
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                           H3855
or otherwise, in excess of the appropriations and    which not to exceed $300,000 shall remain avail-         thorized by 5 U.S.C. 3109; hire of passenger
limitations contained in this Act or in any prior    able until September 30, 1997, for research and          motor vehicles as authorized by 31 U.S.C.
appropriation Act, and all receipts which other-     policy studies: Provided, That $126,400,000 of           1343(b); and uniforms or allowances therefore,
wise would be deposited to the credit of said        offsetting collections shall be assessed and col-        as authorized by 5 U.S.C. 5901–02; $14,855,000:
fund shall be covered into the Treasury as mis-      lected pursuant to section 9 of title I of the Com-      Provided, That not to exceed $2,000 shall be
cellaneous receipts.                                 munications Act of 1934, as amended, and shall           available for official reception and representa-
     COMMISSION FOR THE PRESERVATION OF              be retained and used for necessary expenses in           tion expenses.
          AMERICA’S HERITAGE ABROAD                  this appropriation, and shall remain available                     FEDERAL TRADE COMMISSION
                                                     until expended: Provided further, That the sum
            SALARIES AND EXPENSES                                                                                          SALARIES AND EXPENSES
                                                     herein appropriated shall be reduced as such
  For expenses for the Commission for the Pres-      offsetting collections are received during fiscal           For necessary expenses of the Federal Trade
ervation of America’s Heritage Abroad, $206,000,     year 1996 so as to result in a final fiscal year         Commission, including uniforms or allowances
as authorized by Public Law 99–83, section 1303.     1996 appropriation estimated at $59,309,000: Pro-        therefor, as authorized by 5 U.S.C. 5901–5902;
          COMMISSION ON CIVIL RIGHTS                 vided further, That any offsetting collections re-       services as authorized by 5 U.S.C. 3109; hire of
            SALARIES AND EXPENSES                    ceived in excess of $126,400,000 in fiscal year          passenger motor vehicles; and not to exceed
                                                     1996 shall remain available until expended, but          $2,000 for official reception and representation
  For necessary expenses of the Commission on
                                                     shall not be available for obligation until Octo-        expenses; $79,568,000: Provided, That not to ex-
Civil Rights, including hire of passenger motor
                                                     ber 1, 1996: Provided further, That the Commis-          ceed $300,000 shall be available for use to con-
vehicles, $8,750,000: Provided, That not to ex-
                                                     sion shall amend its schedule of regulatory fees         tract with a person or persons for collection
ceed $50,000 may be used to employ consultants:
                                                     set forth in section 1.1153 of title 47, CFR, au-        services in accordance with the terms of 31
Provided further, That none of the funds appro-
                                                     thorized by section 9 of title I of the Commu-           U.S.C. 3718, as amended: Provided further, That
priated in this paragraph shall be used to em-
                                                     nications Act of 1934, as amended by: (1) strik-         notwithstanding any other provision of law, not
ploy in excess of four full-time individuals
                                                     ing ‘‘$22,420’’ in the Annual Regulatory Fee col-        to exceed $48,262,000 of offsetting collections de-
under Schedule C of the Excepted Service exclu-
                                                     umn for VHF Commercial Markets 1 through 10              rived from fees collected for premerger notifica-
sive of one special assistant for each Commis-
                                                     and inserting ‘‘$32,000’’; (2) striking ‘‘$19,925’’ in   tion filings under the Hart-Scott-Rodino Anti-
sioner: Provided further, That none of the funds
                                                     the Annual Regulatory Fee column for VHF                 trust Improvements Act of 1976 (15 U.S.C. 18(a))
appropriated in this paragraph shall be used to
                                                     Commercial Markets 11 through 25 and inserting           shall be retained and used for necessary ex-
reimburse Commissioners for more than 75
                                                     ‘‘$26,000’’; (3) striking ‘‘$14,950’’ in the Annual      penses in this appropriation, and shall remain
billable days, with the exception of the Chair-
                                                     Regulatory Fee column for VHF Commercial                 available until expended: Provided further,
person who is permitted 125 billable days.
                                                     Markets 26 through 50 and inserting ‘‘$17,000’’;         That the sum herein appropriated from the Gen-
      COMMISSION ON IMMIGRATION REFORM                                                                        eral Fund shall be reduced as such offsetting
                                                     (4) striking ‘‘$9,975’’ in the Annual Regulatory
            SALARIES AND EXPENSES                    Fee column for VHF Commercial Markets 51                 collections are received during fiscal year 1996,
  For necessary expenses of the Commission on        through 100 and inserting ‘‘$9,000’’; (5) striking       so as to result in a final fiscal year 1996 appro-
Immigration Reform pursuant to section 141(f)        ‘‘$6,225’’ in the Annual Regulatory Fee column           priation from the General Fund estimated at not
of the Immigration Act of 1990, $1,894,000, to re-   for VHF Commercial Remaining Markets and                 more than $31,306,000, to remain available until
main available until expended.                       inserting ‘‘$2,500’’; and (6) striking ‘‘$17,925’’ in    expended: Provided further, That any fees re-
 COMMISSION ON SECURITY AND COOPERATION IN           the Annual Regulatory Fee column for UHF                 ceived in excess of $48,262,000 in fiscal year 1996
                    EUROPE                           Commercial Markets 1 through 10 and inserting            shall remain available until expended, but shall
                                                     ‘‘$25,000’’; (7) striking ‘‘$15,950’’ in the Annual      not be available for obligation until October 1,
            SALARIES AND EXPENSES
                                                     Regulatory Fee column for UHF Commercial                 1996: Provided further, That none of the funds
  For necessary expenses of the Commission on                                                                 made available to the Federal Trade Commission
                                                     Markets 11 through 25 and inserting ‘‘$20,000’’;
Security and Cooperation in Europe, as author-                                                                shall be available for obligation for expenses au-
                                                     (8) striking ‘‘$11,950’’ in the Annual Regulatory
ized by Public Law 94–304, $1,090,000, to remain                                                              thorized by section 151 of the Federal Deposit
                                                     Fee column for UHF Commercial Markets 26
available until expended as authorized by sec-                                                                Insurance Corporation Improvement Act of 1991
                                                     through 50 and inserting ‘‘$13,000’’; (9) striking
tion 3 of Public Law 99–7.                                                                                    (Public Law 102–242, 105 Stat. 2282–2285).
                                                     ‘‘$7,975’’ in the Annual Regulatory Fee column
        COMPETITIVENESS POLICY COUNCIL               for UHF Commercial Markets 51 through 100                 JAPAN-UNITED STATES FRIENDSHIP COMMISSION
            SALARIES AND EXPENSES                    and inserting ‘‘$7,000’’; and (10) striking                JAPAN-UNITED STATES FRIENDSHIP TRUST FUND
  For necessary expenses of the Competitiveness      ‘‘$4,975’’ in the Annual Regulatory Fee column              For expenses of the Japan-United States
Policy Council, $50,000: Provided, That this         for UHF Commercial Remaining Markets and                 Friendship Commission, as authorized by Public
shall be the final Federal payment to the Com-       inserting ‘‘$2,000’’: Provided further, That the         Law 94–118, as amended, from the interest
petitiveness Policy Council.                         Federal Communications Commission shall, not             earned on the Japan-United States Friendship
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION              later than 30 days after receipt of a petition by        Trust Fund, $1,247,000; and an amount of Japa-
                                                     WQED, Pittsburgh, determine, without conduct-            nese currency not to exceed the equivalent of
            SALARIES AND EXPENSES
                                                     ing a rulemaking or other proceeding, whether            $1,420,000 based on exchange rates at the time of
   For necessary expenses of the Equal Employ-       to amend section 73.606 of Title 47l, Code of Fed-
ment Opportunity Commission as authorized by                                                                  payment of such amounts as authorized by Pub-
                                                     eral Regulations, by deleting the asterisk for the       lic Law 94–118.
title VII of the Civil Rights Act of 1964, as        channel operating on 482–488 MHz in Pitts-
amended (29 U.S.C. 206(d) and 621–634), the          burgh, Pennsylvania, based on the public inter-                    LEGAL SERVICES CORPORATION
Americans with Disabilities Act of 1990 and the      est, the existing common ownership of two non-           PAYMENT TO THE LEGAL SERVICES CORPORATION
Civil Rights Act of 1991, including services as      commercial broadcasting stations in Pittsburgh,             For payment to the Legal Services Corpora-
authorized by 5 U.S.C. 3109; hire of passenger       the financial distress of the licensee, and the          tion to carry out the purposes of the Legal Serv-
motor vehicles as authorized by 31 U.S.C.            threat to the public of losing or impairing local        ices Corporation Act of 1974, as amended,
1343(b); nonmonetary awards to private citizens;     public broadcasting service in the area: Pro-            $278,000,000, of which $269,400,000 is for basic
not to exceed $26,500,000, for payments to State     vided further, That the Federal Communications           field programs and required independent audits
and local enforcement agencies for services to       Commission may solicit such comments as it               carried out in accordance with section 509;
the Commission pursuant to title VII of the Civil    deems necessary in making this determination:            $1,500,000 is for the Office of the Inspector Gen-
Rights Act of 1964, as amended, sections 6 and       Provided further, That part of the determina-            eral, of which such amounts as may be nec-
14 of the Age Discrimination in Employment           tion, the Federal Communications Commission              essary may be used to conduct additional audits
Act, the Americans with Disabilities Act of 1990,    shall not be required, notwithstanding any               of recipients in accordance with section 509 of
and the Civil Rights Act of 1991; $233,000,000:      other provision of law, to open the channel to           this Act; and $7,100,000 is for management and
Provided, That the Commission is authorized to       general application, and may determine that the          administration: Provided, That $198,750,000 of
make available for official reception and rep-       license therefor may be assigned by the licensee,        the total amount provided under this heading
resentation expenses not to exceed $2,500 from       subject to prompt approval of the proposed as-           for basic field programs shall not be available
available funds.                                     signee by the Federal Communications Commis-             except for the competitive award of grants and
     FEDERAL COMMUNICATIONS COMMISSION               sion, and that the proceeds of the initial assign-       contracts under section 503 of this Act.
            SALARIES AND EXPENSES                    ment of the license for such channel, or any               ADMINISTRATIVE PROVISIONS—LEGAL SERVICES
  For necessary expenses of the Federal Commu-       portion thereof, shall be used solely in further-                          CORPORATION
nications Commission, as authorized by law, in-      ance of noncommercial broadcast operations, or              SEC. 501. (a) Funds appropriated under this
cluding uniforms and allowances therefor, as         for such other purpose as the Federal Commu-             Act to the Legal Services Corporation for basic
authorized by 5 U.S.C. 5901–02; not to exceed        nications Commission may determine appro-                field programs shall be distributed as follows:
$600,000 for land and structure; not to exceed       priate.                                                     (1) The Corporation shall define geographic
$500,000 for improvement and care of grounds                   FEDERAL MARITIME COMMISSION                    areas and make the funds available for each ge-
and repair to buildings; not to exceed $4,000 for                 SALARIES AND EXPENSES                       ographic area on a per capita basis relative to
official reception and representation expenses;        For necessary expenses of the Federal Mari-            the number of individuals in poverty determined
purchase (not to exceed sixteen) and hire of         time Commission as authorized by section 201(d)          by the Bureau of the Census to be within the ge-
motor vehicles; special counsel fees; and services   of the Merchant Marine Act of 1936, as amended           ographic area, except as provided in paragraph
as authorized by 5 U.S.C. 3109; $185,709,000, of     (46 App. U.S.C. 1111), including services as au-         (2)(B). Funds for such a geographic area may be
H3856                                         CONGRESSIONAL RECORD — HOUSE                                                               April 25, 1996
distributed by the Corporation to 1 or more per-        (B) shall terminate at the end of such period;         (7) that initiates or participates in a class ac-
sons or entities eligible for funding under sec-     and                                                    tion suit;
tion 1006(a)(1)(A) of the Legal Services Corpora-       (C) shall not be renewable except in accord-           (8) that files a complaint or otherwise initiates
tion Act (42 U.S.C. 2996e(a)(1)(A)), subject to      ance with the system implemented under para-           or participates in litigation against a defendant,
sections 502 and 504.                                graph (1).                                             or engages in a precomplaint settlement negotia-
   (2) Funds for grants from the Corporation,           (3) The amount of grants and contracts              tion with a prospective defendant, unless—
and contracts entered into by the Corporation        awarded before April 1, 1996, by the Legal Serv-          (A) each plaintiff has been specifically identi-
for basic field programs, shall be allocated so as   ices Corporation for basic field programs for 1996     fied, by name, in any complaint filed for pur-
to provide—                                          in any geographic area described in section 501        poses of such litigation or prior to the
   (A) except as provided in subparagraph (B),       shall not exceed an amount equal to 3⁄12 of the        precomplaint settlement negotiation; and
an equal figure per individual in poverty for all    total amount to be distributed for such programs          (B) a statement or statements of facts written
geographic areas, as determined on the basis of      for 1996 in such area.                                 in English and, if necessary, in a language that
the most recent decennial census of population          (b) Not later than 60 days after the date of en-    the plaintiffs understand, that enumerate the
conducted pursuant to section 141 of title 13,       actment of this Act, the Legal Services Corpora-       particular facts known to the plaintiffs on
United States Code (or, in the case of the Re-       tion shall promulgate regulations to implement a       which the complaint is based, have been signed
public of Palau, the Federated States of Micro-      competitive selection process for the recipients of    by the plaintiffs, are kept on file by the recipi-
nesia, the Republic of the Marshall Islands,         such grants and contracts.                             ent, and are made available to any Federal de-
Alaska, Hawaii, and the United States Virgin            (c) Such regulations shall specify selection cri-
                                                                                                            partment or agency that is auditing or monitor-
Islands, on the basis of the adjusted population     teria for the recipients, which shall include—
                                                                                                            ing the activities of the Corporation or of the re-
                                                        (1) a demonstration of a full understanding of
counts historically used as the basis for such de-                                                          cipient, and to any auditor or monitor receiving
                                                     the basic legal needs of the eligible clients to be
terminations); and                                                                                          Federal funds to conduct such auditing or mon-
   (B) an additional amount for Native American      served and a demonstration of the capability of
                                                                                                            itoring, including any auditor or monitor of the
communities that received assistance under the       serving the needs;
                                                        (2) the quality, feasibility, and cost effective-   Corporation:
Legal Services Corporation Act for fiscal year                                                              Provided, That upon establishment of reason-
                                                     ness of a plan submitted by an applicant for the
1995, so that the proportion of the funds appro-                                                            able cause that an injunction is necessary to
                                                     delivery of legal assistance to the eligible clients
priated to the Legal Services Corporation for                                                               prevent probable, serious harm to such potential
                                                     to be served; and
basic field programs for fiscal year 1996 that is       (3) the experience of the Legal Services Cor-       plaintiff, a court of competent jurisdiction may
received by the Native American communities          poration with the applicant, if the applicant          enjoin the disclosure of the identity of any po-
shall be not less than the proportion of such        has previously received financial assistance           tential plaintiff pending the outcome of such
funds appropriated for fiscal year 1995 that was     from the Corporation, including the record of          litigation or negotiations after notice and an op-
received by the Native American communities.         the applicant of past compliance with Corpora-         portunity for a hearing is provided to potential
   (b) As used in this section:
                                                     tion policies, practices, and restrictions.            parties to the litigation or the negotiations: Pro-
   (1) The term ‘‘individual in poverty’’ means         (d) Such regulations shall ensure that timely       vided further, That other parties to the litiga-
an individual who is a member of a family (of 1      notice regarding an opportunity to submit an           tion or negotiation shall have access to the
or more members) with an income at or below          application for such an award is published in          statement of facts referred to in subparagraph
the poverty line.                                    periodicals of local and State bar associations        (B) only through the discovery process after liti-
   (2) The term ‘‘poverty line’’ means the poverty
                                                     and in at least 1 daily newspaper of general cir-      gation has begun;
line (as defined by the Office of Management
                                                     culation in the area to be served by the person           (9) unless—
and Budget, and revised annually in accord-
                                                     or entity receiving the award.                            (A) prior to the provision of financial assist-
ance with section 673(2) of the Community Serv-         (e) No person or entity that was previously         ance—
ices Block Grant Act (42 U.S.C. 9902(2)) applica-    awarded a grant or contract by the Legal Serv-            (i) if the person or entity is a nonprofit orga-
ble to a family of the size involved.                ices Corporation for the provision of legal assist-
   SEC. 502. None of the funds appropriated in                                                              nization, the governing board of the person or
                                                     ance may be given any preference in the com-           entity has set specific priorities in writing, pur-
this Act to the Legal Services Corporation shall     petitive selection process.
be used by the Corporation to make a grant, or                                                              suant to section 1007(a)(2)(C)(i) of the Legal
                                                        (f) For the purposes of the funding provided        Services      Corporation      Act     (42    U.S.C.
enter into a contract, for the provision of legal    in this Act, rights under sections 1007(a)(9) and
assistance unless the Corporation ensures that                                                              2996f(a)(2)(C)(i)), of the types of matters and
                                                     1011 of the Legal Services Corporation Act (42         cases to which the staff of the nonprofit organi-
the person or entity receiving funding to provide    U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not
such legal assistance is—                                                                                   zation shall devote time and resources; and
                                                     apply.                                                    (ii) the staff of such person or entity has
   (1) a private attorney admitted to practice in       SEC. 504. (a) None of the funds appropriated
a State or the District of Columbia;                                                                        signed a written agreement not to undertake
                                                     in this Act to the Legal Services Corporation          cases or matters other than in accordance with
   (2) a qualified nonprofit organization, char-     may be used to provide financial assistance to
tered under the laws of a State or the District of                                                          the specific priorities set by such governing
                                                     any person or entity (which may be referred to         board, except in emergency situations defined by
Columbia, that—                                      in this section as a ‘‘recipient’’)—
   (A) furnishes legal assistance to eligible cli-                                                          such board and in accordance with the written
                                                        (1) that makes available any funds, personnel,
ents; and                                                                                                   procedures of such board for such situations;
                                                     or equipment for use in advocating or opposing
   (B) is governed by a board of directors or                                                               and
                                                     any plan or proposal, or represents any party or
other governing body, the majority of which is                                                                 (B) the staff of such person or entity provides
                                                     participates in any other way in litigation, that
comprised of attorneys who—                                                                                 to the governing board on a quarterly basis, and
                                                     is intended to or has the effect of altering, revis-
   (i) are admitted to practice in a State or the                                                           to the Corporation on an annual basis, informa-
                                                     ing, or reapportioning a legislative, judicial, or
District of Columbia; and                                                                                   tion on all cases or matters undertaken other
                                                     elective district at any level of government, in-
   (ii) are appointed to terms of office on such                                                            than cases or matters undertaken in accordance
                                                     cluding influencing the timing or manner of the
board or body by the governing body of a State,                                                             with such priorities;
                                                     taking of a census;
county, or municipal bar association, the mem-          (2) that attempts to influence the issuance,           (10) unless—
bership of which represents a majority of the at-    amendment, or revocation of any executive                 (A) prior to receiving the financial assistance,
torneys practicing law in the locality in which      order, regulation, or other statement of general       such person or entity agrees to maintain records
the organization is to provide legal assistance;     applicability and future effect by any Federal,        of time spent on each case or matter with respect
   (3) a State or local government (without re-      State, or local agency;                                to which the person or entity is engaged;
gard to section 1006(a)(1)(A)(ii) of the Legal          (3) that attempts to influence any part of any         (B) any funds, including Interest on Lawyers
Services     Corporation      Act     (42   U.S.C.   adjudicatory proceeding of any Federal, State,         Trust Account funds, received from a source
2996e(a)(1)(A)(ii)); or                              or local agency if such part of the proceeding is      other than the Corporation by the person or en-
   (4) a substate regional planning or coordina-     designed for the formulation or modification of        tity, and disbursements of such funds, are ac-
tion agency that serves a substate area and          any agency policy of general applicability and         counted for and reported as receipts and dis-
whose governing board is controlled by locally       future effect;                                         bursements, respectively, separate and distinct
elected officials.                                      (4) that attempts to influence the passage or       from Corporation funds; and
   SEC. 503. (a)(1) Not later than April 1, 1996,    defeat of any legislation, constitutional amend-          (C) the person or entity agrees (notwithstand-
the Legal Services Corporation shall implement       ment, referendum, initiative, or any similar pro-      ing section 1006(b)(3) of the Legal Services Cor-
a system of competitive awards of grants and         cedure of the Congress or a State or local legis-      poration Act (42 U.S.C. 2996e(b)(3)) to make the
contracts for all basic field programs, which        lative body;                                           records described in this paragraph available to
shall apply to all such grants and contracts            (5) that attempts to influence the conduct of       any Federal department or agency that is audit-
awarded by the Corporation after March 31,           oversight proceedings of the Corporation or any        ing or monitoring the activities of the Corpora-
1996, from funds appropriated in this Act.           person or entity receiving financial assistance        tion or of the recipient, and to any independent
   (2) Any grant or contract awarded before          provided by the Corporation;                           auditor or monitor receiving Federal funds to
April 1, 1996, by the Legal Services Corporation        (6) that pays for any personal service, adver-      conduct such auditing or monitoring, including
to a basic field program for 1996—                   tisement, telegram, telephone communication,           any auditor or monitor of the Corporation;
   (A) shall not be for an amount greater than       letter, printed or written matter, administrative         (11) that provides legal assistance for or on be-
the amount required for the period ending            expense, or related expense, associated with an        half of any alien, unless the alien is present in
March 31, 1996;                                      activity prohibited in this section;                   the United States and is—
April 25, 1996                                  CONGRESSIONAL RECORD — HOUSE                                                                         H3857
   (A) an alien lawfully admitted for permanent        tain counsel or take legal action, and will not         SEC. 506. None of the funds appropriated in
residence as defined in section 101(a)(20) of the      refer such nonattorney to another person or en-       this Act to the Legal Services Corporation may
Immigration and Nationality Act (8 U.S.C.              tity or an employee of the person or entity, that     be used by any person or entity receiving finan-
1101(a)(20));                                          is receiving financial assistance provided by the     cial assistance from the Corporation to file or
   (B) an alien who—                                   Corporation; or                                       pursue a lawsuit against the Corporation.
   (i) is married to a United States citizen or is        (19) unless such person or entity enters into a      SEC. 507. None of the funds appropriated in
a parent or an unmarried child under the age of        contractual agreement to be subject to all provi-     this Act to the Legal Services Corporation may
21 years of such a citizen; and                        sions of Federal law relating to the proper use       be used for any purpose prohibited or contrary
   (ii) has filed an application to adjust the sta-    of Federal funds, the violation of which shall        to any of the provisions of authorization legisla-
tus of the alien to the status of a lawful perma-      render any grant or contractual agreement to          tion for fiscal year 1996 for the Legal Services
nent resident under the Immigration and Na-            provide funding null and void, and, for such          Corporation that is enacted into law. Upon the
tionality Act (8 U.S.C. 1101 et seq.), which appli-    purposes, the Corporation shall be considered to      enactment of such Legal Services Corporation
cation has not been rejected;                          be a Federal agency and all funds provided by         reauthorization legislation, funding provided in
   (C) an alien who is lawfully present in the         the Corporation shall be considered to be Fed-        this Act shall from that date be subject to the
United States pursuant to an admission under           eral funds provided by grant or contract.             provisions of that legislation and any provisions
section 207 of the Immigration and Nationality            (b) Nothing in this section shall be construed     in this Act that are inconsistent with that legis-
Act (8 U.S.C. 1157) (relating to refugee admis-        to prohibit a recipient from using funds from a       lation shall no longer have effect.
sion) or who has been granted asylum by the            source other than the Legal Services Corpora-           SEC. 508. (a) The requirements of section 504
Attorney General under such Act;                       tion for the purpose of contacting, communicat-       shall apply to the activities of a recipient de-
   (D) an alien who is lawfully present in the         ing with, or responding to a request from, a          scribed in section 504, or an employee of such a
United States as a result of withholding of de-        State or local government agency, a State or          recipient, during the provision of legal assist-
portation by the Attorney General pursuant to          local legislative body or committee, or a member      ance for a case or matter, if the recipient or em-
section 243(h) of the Immigration and National-        thereof, regarding funding for the recipient, in-     ployee begins to provide the legal assistance on
ity Act (8 U.S.C. 1253(h));                            cluding a pending or proposed legislative or          or after the date of enactment of this Act.
   (E) an alien to whom section 305 of the Immi-       agency proposal to fund such recipient.                 (b) If the recipient or employee began to pro-
gration Reform and Control Act of 1986 (8                 (c) Not later than 30 days after the date of en-   vide legal assistance for the case or matter prior
U.S.C. 1101 note) applies, but only to the extent      actment of this Act, the Legal Services Corpora-      to the date of enactment of this Act—
that the legal assistance provided is the legal as-    tion shall promulgate a suggested list of prior-        (1) each of the requirements of section 504
sistance described in such section; or                 ities that boards of directors may use in setting     (other than paragraphs (7), (11), (13), and (15)
   (F) an alien who is lawfully present in the         priorities under subsection (a)(9).                   of subsection (a) of such section) shall, begin-
United States as a result of being granted condi-         (d)(1) The Legal Services Corporation shall        ning on the date of enactment of this Act, apply
tional entry to the United States before April 1,      not accept any non-Federal funds, and no re-          to the activities of the recipient or employee dur-
1980, pursuant to section 203(a)(7) of the Immi-       cipient shall accept funds from any source other      ing the provision of legal assistance for the case
gration and Nationality Act (8 U.S.C.                  than the Corporation, unless the Corporation or       or matter;
1153(a)(7)), as in effect on March 31, 1980, be-       the recipient, as the case may be, notifies in          (2) the requirements of paragraphs (7), (11),
cause of persecution or fear of persecution on         writing the source of the funds that the funds        and (15) of section 504(a) shall apply—
account of race, religion, or political calamity;      may not be expended for any purpose prohibited          (A) beginning on the date of enactment of this
   (12) that supports or conducts a training pro-      by the Legal Services Corporation Act or this         Act, to the activities of the recipient or employee
gram for the purpose of advocating a particular        title.                                                during the provision of legal assistance for any
public policy or encouraging a political activity,        (2) Paragraph (1) shall not prevent a recipient    additional related claim for which the recipient
a labor or antilabor activity, a boycott, picket-      from—                                                 or employee begins to provide legal assistance on
ing, a strike, or a demonstration, including the          (A) receiving Indian tribal funds (including       or after such date; and
dissemination of information about such a pol-         funds from private nonprofit organizations for          (B) beginning August 1, 1996, to all other ac-
icy or activity, except that this paragraph shall      the benefit of Indians or Indian tribes) and ex-      tivities of the recipient or employee during the
not be construed to prohibit the provision of          pending the tribal funds in accordance with the       provision of legal assistance for the case or mat-
training to an attorney or a paralegal to pre-         specific purposes for which the tribal funds are      ter; and
pare the attorney or paralegal to provide—             provided; or                                            (3) the requirements of paragraph (13) of sec-
   (A) adequate legal assistance to eligible cli-         (B) using funds received from a source other       tion 504(a)—
ents; or                                               than the Legal Services Corporation to provide          (A) shall apply beginning on the date of en-
   (B) advice to any eligible client as to the legal   legal assistance to a covered individual if such      actment of this Act to the activities of the recipi-
rights of the client;                                  funds are used for the specific purposes for          ent or employee during the provision of legal as-
   (13) that claims (or whose employee claims), or     which such funds were received, except that           sistance for any additional related claim for
collects and retains, attorneys’ fees pursuant to      such funds may not be expended by recipients          which the recipient or employee begins to pro-
any Federal or State law permitting or requiring       for any purpose prohibited by this Act or by the      vide legal assistance on or after such date; and
the awarding of such fees;                             Legal Services Corporation Act.                         (B) shall not apply to all other activities of
   (14) that participates in any litigation with re-      (e) Nothing in this section shall be construed     the recipient or employee during the provision of
spect to abortion;                                     to prohibit a recipient from using funds derived      legal assistance for the case or matter.
   (15) that participates in any litigation on be-     from a source other than the Legal Services Cor-        (c) The Legal Services Corporation shall,
half of a person incarcerated in a Federal,            poration to comment on public rulemaking or to        every 60 days, submit to the Committees on Ap-
State, or local prison;                                respond to a written request for information or       propriations of the Senate and House of Rep-
   (16) that initiates legal representation or par-    testimony from a Federal, State or local agency,      resentatives a report setting forth the status of
ticipates in any other way, in litigation, lobby-      legislative body or committee, or a member of         cases and matters referred to in subsection
ing, or rulemaking, involving an effort to reform      such an agency, body, or committee, so long as        (b)(2).
a Federal or State welfare system, except that         the response is made only to the parties that           SEC. 509. (a) An audit of each person or entity
this paragraph shall not be construed to pre-          make the request and the recipient does not ar-       receiving financial assistance from the Legal
clude a recipient from representing an individ-        range for the request to be made.                     Services Corporation under this Act (referred to
ual eligible client who is seeking specific relief        (f) As used in this section:                       in this section as a ‘‘recipient’’) shall be con-
from a welfare agency if such relief does not in-         (1) The term ‘‘controlled substance’’ has the      ducted in accordance with generally accepted
volve an effort to amend or otherwise challenge        meaning given the term in section 102 of the          government auditing standards and guidance
existing law in effect on the date of the initi-       Controlled Substances Act (21 U.S.C. 802).            established by the Office of the Inspector Gen-
ation of the representation;                              (2) The term ‘‘covered individual’’ means any      eral and shall report whether—
   (17) that defends a person in a proceeding to       person who—                                             (1) the financial statements of the recipient
evict the person from a public housing project            (A) except as provided in subparagraph (B),        present fairly its financial position and the re-
if—                                                    meets the requirements of this Act and the Legal      sults of its financial operations in accordance
   (A) the person has been charged with the ille-      Services Corporation Act relating to eligibility      with generally accepted accounting principles;
gal sale or distribution of a controlled sub-          for legal assistance; and                               (2) the recipient has internal control systems
stance; and                                               (B) may or may not be financially unable to        to provide reasonable assurance that it is man-
   (B) the eviction proceeding is brought by a         afford legal assistance.                              aging funds, regardless of source, in compliance
public housing agency because the illegal drug            (3) The term ‘‘public housing project’’ has the    with Federal laws and regulations; and
activity of the person threatens the health or         meaning as used within, and the term ‘‘public           (3) the recipient has complied with Federal
safety of another tenant residing in the public        housing agency’’ has the meaning given the            laws and regulations applicable to funds re-
housing project or employee of the public hous-        term, in section 3 of the United States Housing       ceived, regardless of source.
ing agency;                                            Act of 1937 (42 U.S.C. 1437a).                          (b) In carrying out the requirements of sub-
   (18) unless such person or entity agrees that          SEC. 505. None of the funds appropriated in        section (a)(3), the auditor shall select and test a
the person or entity, and the employees of the         this Act to the Legal Services Corporation or         representative number of transactions and re-
person or entity, will not accept employment re-       provided by the Corporation to any entity or          port all instances of noncompliance to the recip-
sulting from in-person unsolicited advice to a         person may be used to pay membership dues to          ient. The recipient shall report in writing any
nonattorney that such nonattorney should ob-           any private or nonprofit organization.                noncompliance found by the auditor during the
H3858                                          CONGRESSIONAL RECORD — HOUSE                                                            April 25, 1996
audit under this section within 5 business days       the independent public accountants and re-           the General Fund estimated at not more than
to the Office of the Inspector General and shall      ported to Corporation management by the Office       $103,445,000: Provided further, That any such
provide a copy of the report simultaneously to        of the Inspector General to ensure that in-          fees collected in excess of $184,293,000 shall re-
the auditor. If the recipient fails to report the     stances of deficiencies and noncompliance are        main available until expended but shall not be
noncompliance, the auditor shall report the           resolved in a timely manner, and                     available for obligation until October 1, 1996:
noncompliance directly to the Office of the In-         (2) Develop procedures to ensure effective fol-    Provided further, That $1,000,000 of the funds
spector General within 5 business days of the re-     low-up that meet at a minimum the requirements       appropriated for the Commission shall be avail-
cipient’s failure to report. The auditor shall not    of Office of Management and Budget Circular          able for the enforcement of the Investment Ad-
be liable in a private action for any finding,        Number A–50.                                         visers Act of 1940 in addition to any other ap-
conclusion, or statement expressed in a report          (l) The requirements of this section shall         propriated funds designated by the Commission
made pursuant to this section.                        apply to a recipient for its first fiscal year be-   for enforcement of such Act.
  (c) The audits required under this section          ginning on or after January 1, 1996.                         SMALL BUSINESS ADMINISTRATION
shall be provided for by the recipients and per-
                                                                MARINE MAMMAL COMMISSION                                SALARIES AND EXPENSES
formed by independent public accountants. The
cost of such audits shall be shared on a pro rata                 SALARIES AND EXPENSES                       For necessary expenses, not otherwise pro-
basis among all of the recipient’s funding pro-          For necessary expenses of the Marine Mam-         vided for, of the Small Business Administration
viders and the appropriate share shall be an al-      mal Commission as authorized by title II of Pub-     as authorized by Public Law 103–403, including
lowable charge to the Federal funds provided by       lic Law 92–522, as amended, $1,190,000.              hire of passenger motor vehicles as authorized
the Legal Services Corporation. No audit costs          MARTIN LUTHER KING, JR. FEDERAL HOLIDAY            by 31 U.S.C. 1343 and 1344, and not to exceed
may be charged to the Federal funds when the                             COMMISSION                        $3,500 for official reception and representation
audit required by this section has not been made                  SALARIES AND EXPENSES                    expenses, $219,190,000: Provided, That the Ad-
in accordance with the guidance promulgated                                                                ministrator is authorized to charge fees to cover
                                                         For necessary expenses of the Martin Luther
by the Office of the Inspector General.                                                                    the cost of publications developed by the Small
  If the recipient fails to have an acceptable        King, Jr. Federal Holiday Commission, as au-
                                                                                                           Business Administration, and certain loan serv-
audit in accordance with the guidance promul-         thorized by Public Law 98–399, as amended,
                                                                                                           icing activities: Provided further, That notwith-
gated by the Office of the Inspector General, the     $350,000: Provided, That this shall be the final
                                                                                                           standing 31 U.S.C. 3302, revenues received from
following sanctions shall be available to the         Federal payment to the Martin Luther King, Jr.
                                                                                                           all such activities shall be credited to this ac-
Corporation as recommended by the Office of           Federal Holiday Commission for operations and
                                                                                                           count, to be available for carrying out these
the Inspector General:                                necessary closing costs.
                                                                                                           purposes without further appropriations.
  (1) the withholding of a percentage of the re-                OUNCE OF PREVENTION COUNCIL
                                                                                                                    OFFICE OF INSPECTOR GENERAL
cipient’s funding until the audit is completed           For activities authorized by sections 30101 and     For necessary expenses of the Office of In-
satisfactorily.                                       30102 of Public Law 103–322 (including adminis-
  (2) the suspension of recipient’s funding until                                                          spector General in carrying out the provisions of
                                                      trative costs), $1,500,000, to remain available      the Inspector General Act of 1978, as amended (5
an acceptable audit is completed.                     until expended, for the Ounce of Prevention
  (d) The Office of the Inspector General may                                                              U.S.C. App. 1–11 as amended by Public Law
                                                      Grant Program: Provided, That the Council may        100–504), $8,500,000.
remove, suspend, or bar an independent public         accept and use gifts and donations, both real
accountant, upon a showing of good cause, from        and personal, for the purpose of aiding or facili-
                                                                                                                  BUSINESS LOANS PROGRAM ACCOUNT
performing audit services required by this sec-       tating the authorized activities of the Council,       For the cost of direct loans, $4,500,000, and for
tion. Any such action to remove, suspend, or bar      of which not to exceed $5,000 may be used for of-    the cost of guaranteed loans, $156,226,000, as
an auditor shall be only after notice to the audi-    ficial reception and representation expenses.        authorized by 15 U.S.C. 631 note, of which
tor and an opportunity for hearing. The Office                                                             $1,216,000, to be available until expended, shall
of the Inspector General shall develop and issue           SECURITIES AND EXCHANGE COMMISSION              be for the Microloan Guarantee Program, and of
rules of practice to implement this paragraph.                    SALARIES AND EXPENSES                    which $40,510,000 shall remain available until
  (e) Any independent public accountant per-             For necessary expenses for the Securities and     September 30, 1997: Provided, That such costs,
forming an audit under this section who subse-        Exchange Commission, including services as au-       including the cost of modifying such loans, shall
quently ceases to be the accountant for the re-       thorized by 5 U.S.C. 3109, the rental of space (to   be as defined in section 502 of the Congressional
cipient shall promptly notify the Office of the       include multiple year leases) in the District of     Budget Act of 1974: Provided further, That dur-
Inspector General pursuant to such rules as the       Columbia and elsewhere, and not to exceed            ing fiscal year 1996, commitments to guarantee
Office of the Inspector General shall prescribe.      $3,000 for official reception and representation     loans under section 503 of the Small Business
  (f) Audits conducted in accordance with this        expenses, $287,738,000, of which $3,000,000 is for   Investment Act of 1958, as amended, shall not
section shall be in lieu of the financial audits      the Office of Economic Analysis, to be headed        exceed the amount of financings authorized
otherwise required by section 1009(c) of the          by the Chief Economist of the Commission, and        under section 20(n)(2)(B) of the Small Business
Legal Services Corporation Act (42 U.S.C.             of which not to exceed $10,000 may be used to-       Act, as amended.
2996h(c)).                                            ward funding a permanent secretariat for the           In addition, for administrative expenses to
  (g) The Office of the Inspector General is au-      International Organization of Securities Com-        carry out the direct and guaranteed loan pro-
thorized to conduct on-site monitoring, audits,       missions, and of which not to exceed $100,000        grams, $92,622,000, which may be transferred to
and inspections in accordance with Federal            shall be available for expenses for consultations    and merged with the appropriations for Salaries
standards.                                            and meetings hosted by the Commission with           and Expenses.
  (h) Notwithstanding section 1006(b)(3) of the       foreign governmental and other regulatory offi-             DISASTER LOANS PROGRAM ACCOUNT
Legal Services Corporation Act (42 U.S.C.             cials, members of their delegations, appropriate
2996e(b)(3)), financial records, time records, re-                                                           For the cost of direct loans authorized by sec-
                                                      representatives and staff to exchange views con-     tion 7(b) of the Small Business Act, as amended,
tainer agreements, client trust fund and eligi-       cerning developments relating to securities mat-
bility records, and client names, for each recipi-                                                         $34,432,000, to remain available until expended:
                                                      ters, development and implementation of co-          Provided, That such costs, including the cost of
ent shall be made available to any auditor or         operation agreements concerning securities mat-
monitor of the recipient, including any Federal                                                            modifying such loans, shall be as defined in sec-
                                                      ters and provision of technical assistance for the   tion 502 of the Congressional Budget Act of 1974.
department or agency that is auditing or mon-         development of foreign securities markets, such
itoring the activities of the Corporation or of the                                                          In addition, for administrative expenses to
                                                      expenses to include necessary logistic and ad-       carry out the direct loan program, $71,578,000,
recipient, and any independent auditor or mon-        ministrative expenses and the expenses of Com-
itor receiving Federal funds to conduct such au-                                                           which may be transferred to and merged with
                                                      mission staff and foreign invitees in attendance     the appropriations for Salaries and Expenses.
diting or monitoring, including any auditor or        at such consultations and meetings including:
monitor of the Corporation, except for reports or     (i) such incidental expenses as meals taken in
                                                                                                             SURETY BOND GUARANTEES REVOLVING FUND
records subject to the attorney-client privilege.     the course of such attendance, (ii) any travel         For additional capital for the ‘‘Surety Bond
  (i) The Legal Services Corporation shall not                                                             Guarantees Revolving Fund’’, authorized by the
                                                      and transportation to or from such meetings,
disclose any name or document referred to in                                                               Small Business Investment Act, as amended,
                                                      and (iii) any other related lodging or subsist-
subsection (h), except to—                                                                                 $2,530,000, to remain available without fiscal
  (1) a Federal, State, or local law enforcement      ence: Provided, That immediately upon enact-
                                                      ment of this Act, the rate of fees under section     year limitation as authorized by 15 U.S.C. 631
official; or                                                                                               note.
  (2) an official of an appropriate bar associa-      6(b) of the Securities Act of 1933 (15 U.S.C.
                                                      77f(b)) shall increase from one-fiftieth of one        ADMINISTRATIVE PROVISION—SMALL BUSINESS
tion for the purpose of enabling the official to
                                                      percentum      to    one-twenty-ninth    of   one                    ADMINISTRATION
conduct an investigation of a rule of profes-
sional conduct.                                       percentum, and such increase shall be deposited        SEC. 510. Not to exceed 5 percent of any ap-
  (j) The recipient management shall be respon-       as an offsetting collection to this appropriation,   propriation made available for the current fiscal
sible for expeditiously resolving all reported        to remain available until expended, to recover       year for the Small Business Administration in
audit reportable conditions, findings, and rec-       costs of services of the securities registration     this Act may be transferred between such appro-
ommendations, including those of sub-recipi-          process: Provided further, That the total            priations, but no such appropriation shall be in-
ents.                                                 amount appropriated for fiscal year 1996 under       creased by more than 10 percent by any such
  (k) The Legal Services Corporation shall—           this heading shall be reduced as such fees are       transfers: Provided, That any transfer pursuant
  (1) Follow up on significant reportable condi-      deposited to this appropriation so as to result in   to this section shall be treated as a reprogram-
tions, findings, and recommendations found by         a final total fiscal year 1996 appropriation from    ming of funds under section 605 of this Act and
April 25, 1996                                  CONGRESSIONAL RECORD — HOUSE                                                                           H3859
shall not be available for obligation or expendi-         SEC. 607. (a) PURCHASE OF AMERICAN-MADE              may be used to implement sections 603, 604, and
ture except in compliance with the procedures          EQUIPMENT AND PRODUCTS.—It is the sense of              605 of Public Law 102–567.
set forth in that section.                             the Congress that, to the greatest extent prac-            SEC. 613. None of the funds made available in
             STATE JUSTICE INSTITUTE                   ticable, all equipment and products purchased           this Act may be used for ‘‘USIA Television
             SALARIES AND EXPENSES                     with funds made available in this Act should be         Marti Program’’ under the Television Broad-
   For necessary expenses of the State Justice In-     American-made.                                          casting to Cuba Act or any other program of
stitute, as authorized by The State Justice Insti-        (b) NOTICE REQUIREMENT.—In providing fi-             United States Government television broadcasts
tute Authorization Act of 1992 (Public Law 102–        nancial assistance to, or entering into any con-        to Cuba, when it is made known to the Federal
572 (106 Stat. 4515–4516)), $5,000,000 to remain       tract with, any entity using funds made avail-          official having authority to obligate or expend
available until expended: Provided, That not to        able in this Act, the head of each Federal agen-        such funds that such use would be inconsistent
exceed $2,500 shall be available for official re-      cy, to the greatest extent practicable, shall pro-      with the applicable provisions of the March 1995
ception and representation expenses.                   vide to such entity a notice describing the state-      Office of Cuba Broadcasting Reinventing Plan
       TITLE VI—GENERAL PROVISIONS                     ment made in subsection (a) by the Congress.            of the United States Information Agency.
                                                          SEC. 608. None of the funds made available in           SEC. 614. (a)(1) Section 5002 of title 18, United
   SEC. 601. No part of any appropriation con-         this Act may be used to implement, administer,          States Code, is repealed.
tained in this Act shall be used for publicity or      or enforce any guidelines of the Equal Employ-             (2) The table of sections for chapter 401 of title
propaganda purposes not authorized by the              ment Opportunity Commission covering harass-            18, United States Code, is amended by striking
Congress.                                              ment based on religion, when it is made known           out the item relating to the Advisory Corrections
   SEC. 602. No part of any appropriation con-
                                                       to the Federal entity or official to which such         Council.
tained in this Act shall remain available for ob-
                                                       funds are made available that such guidelines              (b) This section shall take effect 30 days after
ligation beyond the current fiscal year unless
                                                       do not differ in any respect from the proposed          the date of the enactment of this Act.
expressly so provided herein.
   SEC. 603. The expenditure of any appropria-         guidelines published by the Commission on Oc-              SEC. 615. Any costs incurred by a Department
tion under this Act for any consulting service         tober 1, 1993 (58 Fed. Reg. 51266).                     or agency funded under this Act resulting from
through procurement contract, pursuant to 5               SEC. 609. None of the funds appropriated or          personnel actions taken in response to funding
U.S.C. 3109, shall be limited to those contracts       otherwise made available by this Act may be ob-         reductions included in this Act shall be absorbed
where such expenditures are a matter of public         ligated or expended to pay for any cost incurred        within the total budgetary resources available to
record and available for public inspection, ex-        for (1) opening or operating any United States          such Department or agency: Provided, That the
cept where otherwise provided under existing           diplomatic or consular post in the Socialist Re-        authority to transfer funds between appropria-
law, or under existing Executive order issued          public of Vietnam that was not operating on             tions accounts as may be necessary to carry out
pursuant to existing law.                              July 11, 1995; (2) expanding any United States          this provision is provided in addition to authori-
   SEC. 604. If any provision of this Act or the       diplomatic or consular post in the Socialist Re-        ties included elsewhere in this Act: Provided
application of such provision to any person or         public of Vietnam that was operating on July            further, That use of funds to carry out this sec-
circumstances shall be held invalid, the remain-       11, 1995; or (3) increasing the total number of         tion shall be treated as a reprogramming of
der of the Act and the application of each provi-      personnel assigned to United States diplomatic          funds under section 605 of this Act and shall not
sion to persons or circumstances other than            or consular posts in the Socialist Republic of          be available for obligation or expenditure except
those as to which it is held invalid shall not be      Vietnam above the levels existing on July 11,           in compliance with the procedures set forth in
affected thereby.                                      1995, unless the President certifies within 60          that section.
   SEC. 605 (a) None of the funds provided under       days, based upon all information available to              SEC. 616. Notwithstanding section 106 of Pub-
this Act, or provided under previous Appropria-        the United States Government that the Govern-           lic Law 104–91, the general provisions for the
tions Acts to the agencies funded by this Act          ment of the Socialist Republic of Vietnam is co-        Department of Justice that were included in the
that remain available for obligation or expendi-       operating in full faith with the United States in       conference report to accompany H.R. 2076 and
ture in fiscal year 1996, or provided from any ac-     the following four areas:                               were identified in the amendment to Public Law
counts in the Treasury of the United States de-           (1) Resolving discrepancy cases, live sightings      104–91 made by section 211 of Public Law 104–99
rived by the collection of fees available to the       and field activities,                                   shall continue to remain in effect as enacted
agencies funded by this Act, shall be available           (2) Recovering and repatriating American re-         into law.
for obligation or expenditure through a re-            mains,                                                     SEC. 617. Upon enactment of this Act, the pro-
programming of funds which (1) creates new                (3) Accelerating efforts to provide documents        visions of section 201(a) of Public Law 104–99
programs; (2) eliminates a program, project, or        that will help lead to fullest possible accounting      are superseded.
activity; (3) increases funds or personnel by any      of POW/MLA’s.                                                       TITLE VII—RESCISSIONS
means for any project or activity for which               (4) Providing further assistance in implement-
                                                       ing trilateral investigations with Laos.                          DEPARTMENT OF JUSTICE
funds have been denied or restricted; (4) relo-
cates an office or employees; (5) reorganizes of-         SEC. 610. None of the funds made available by                     GENERAL ADMINISTRATION
fices, programs, or activities; or (6) contracts out   this Act may be used for any United Nations                          WORKING CAPITAL FUND
or privatizes any functions or activities pres-        undertaking when it is made known to the Fed-                              (RESCISSION)
ently performed by Federal employees; unless           eral official having authority to obligate or ex-
                                                                                                                 Of the unobligated balances available under
the Appropriations Committees of both Houses           pend such funds (1) that the United Nations un-
                                                                                                               this heading, $65,000,000 are rescinded.
of Congress are notified fifteen days in advance       dertaking is a peacekeeping mission, (2) that
of such reprogramming of funds.                        such undertaking will involve United States                       DEPARTMENT OF STATE
   (b) None of the funds provided under this Act,      Armed Forces under the command or oper-                       ADMINISTRATION OF FOREIGN AFFAIRS
or provided under previous Appropriations Acts         ational control of a foreign national, and (3)            ACQUISITION AND MAINTENANCE OF BUILDINGS
to the agencies funded by this Act that remain         that the President’s military advisors have not                            ABROAD
available for obligation or expenditure in fiscal      submitted to the President a recommendation                                (RESCISSION)
year 1996, or provided from any accounts in the        that such involvement is in the national secu-
Treasury of the United States derived by the                                                                     Of the unobligated balances available under
                                                       rity interests of the United States and the Presi-
collection of fees available to the agencies fund-                                                             this heading, $64,500,000 are rescinded.
                                                       dent has not submitted to the Congress such a
ed by this Act, shall be available for obligation      recommendation.                                                      RELATED AGENCIES
or expenditure for activities, programs, or               SEC. 611. None of the funds made available in              UNITED STATES INFORMATION AGENCY
projects through a reprogramming of funds in           this Act shall be used to provide the following                        RADIO CONSTRUCTION
excess of $500,000 or 10 percent, whichever is         amenities or personal comforts in the Federal                              (RESCISSION)
less, that (1) augments existing programs,             prison system—
projects, or activities; (2) reduces by 10 percent        (1) in-cell television viewing except for pris-        Of the unobligated balances available under
funding for any existing program, project, or ac-      oners who are segregated from the general pris-         this heading, $7,400,000 are rescinded.
tivity, or numbers of personnel by 10 percent as       on population for their own safety;                      TITLE VIII—PRISON LITIGATION REFORM
approved by Congress; or (3) results from any             (2) the viewing of R, X, and NC–17 rated mov-        SEC. 801. SHORT TITLE.
general savings from a reduction in personnel          ies, through whatever medium presented;                   This title may be cited as the ‘‘Prison Litiga-
which would result in a change in existing pro-           (3) any instruction (live or through broad-          tion Reform Act of 1995’’.
grams, activities, or projects as approved by          casts) or training equipment for boxing, wres-          SEC. 802. APPROPRIATE REMEDIES FOR PRISON
Congress; unless the Appropriations Committees         tling, judo, karate, or other martial art, or any                   CONDITIONS.
of both Houses of Congress are notified fifteen        bodybuilding or weightlifting equipment of any            (a) IN GENERAL.—Section 3626 of title 18, Unit-
days in advance of such reprogramming of               sort;                                                   ed States Code, is amended to read as follows:
funds.                                                    (4) possession of in-cell coffee pots, hot plates,
   SEC. 606. None of the funds made available in       or heating elements; or                                 ‘‘§ 3626. Appropriate remedies with respect to
this Act may be used for the construction, repair         (5) the use or possession of any electric or            prison conditions
(other than emergency repair), overhaul, con-          electronic musical instrument.                             ‘‘(a) REQUIREMENTS FOR RELIEF.—
version, or modernization of vessels for the Na-          SEC. 612. None of the funds made available in           ‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective re-
tional Oceanic and Atmospheric Administration          title II for the National Oceanic and Atmos-            lief in any civil action with respect to prison
in shipyards located outside of the United             pheric Administration under the heading ‘‘Fleet         conditions shall extend no further than nec-
States.                                                Modernization, Shipbuilding and Conversion’’            essary to correct the violation of the Federal
H3860                                            CONGRESSIONAL RECORD — HOUSE                                                               April 25, 1996
right of a particular plaintiff or plaintiffs. The      operation, or maintenance of program facilities,          ‘‘(A)(i) beginning on the 30th day after such
court shall not grant or approve any prospective        or the prosecution or custody of persons who           motion is filed, in the case of a motion made
relief unless the court finds that such relief is       may be released from, or not admitted to, a pris-      under paragraph (1) or (2) of subsection (b); or
narrowly drawn, extends no further than nec-            on as a result of a prisoner release order shall          ‘‘(ii) beginning on the 180th day after such
essary to correct the violation of the Federal          have standing to oppose the imposition or con-         motion is filed, in the case of a motion made
right, and is the least intrusive means necessary       tinuation in effect of such relief and to seek ter-    under any other law; and
to correct the violation of the Federal right. The      mination of such relief, and shall have the right         ‘‘(B) ending on the date the court enters a
court shall give substantial weight to any ad-          to intervene in any proceeding relating to such        final order ruling on the motion.
verse impact on public safety or the operation of       relief.                                                   ‘‘(f) SPECIAL MASTERS.—
a criminal justice system caused by the relief.            ‘‘(b) TERMINATION OF RELIEF.—                          ‘‘(1) IN GENERAL.—(A) In any civil action in a
   ‘‘(B) The court shall not order any prospective         ‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—           Federal court with respect to prison conditions,
relief that requires or permits a government offi-      (A) In any civil action with respect to prison         the court may appoint a special master who
cial to exceed his or her authority under State         conditions in which prospective relief is ordered,     shall be disinterested and objective and who will
or local law or otherwise violates State or local       such relief shall be terminable upon the motion        give due regard to the public safety, to conduct
law, unless—                                            of any party or intervener—                            hearings on the record and prepare proposed
   ‘‘(i) Federal law permits such relief to be or-         ‘‘(i) 2 years after the date the court granted or   findings of fact.
dered in violation of State or local law;               approved the prospective relief;                          ‘‘(B) The court shall appoint a special master
   ‘‘(ii) the relief is necessary to correct the vio-      ‘‘(ii) 1 year after the date the court has en-      under this subsection during the remedial phase
lation of a Federal right; and                          tered an order denying termination of prospec-         of the action only upon a finding that the reme-
   ‘‘(iii) no other relief will correct the violation   tive relief under this paragraph; or                   dial phase will be sufficiently complex to war-
of the Federal right.                                      ‘‘(iii) in the case of an order issued on or be-    rant the appointment.
   ‘‘(C) Nothing in this section shall be construed     fore the date of enactment of the Prison Litiga-          ‘‘(2) APPOINTMENT.—(A) If the court deter-
to authorize the courts, in exercising their reme-      tion Reform Act, 2 years after such date of en-        mines that the appointment of a special master
dial powers, to order the construction of prisons       actment.                                               is necessary, the court shall request that the de-
or the raising of taxes, or to repeal or detract           ‘‘(B) Nothing in this section shall prevent the     fendant institution and the plaintiff each sub-
from otherwise applicable limitations on the re-        parties from agreeing to terminate or modify re-       mit a list of not more than 5 persons to serve as
medial powers of the courts.                            lief before the relief is terminated under sub-        a special master.
   ‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any          paragraph (A).                                            ‘‘(B) Each party shall have the opportunity to
civil action with respect to prison conditions, to         ‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE          remove up to 3 persons from the opposing par-
the extent otherwise authorized by law, the             RELIEF.—In any civil action with respect to pris-
                                                                                                               ty’s list.
court may enter a temporary restraining order           on conditions, a defendant or intervener shall            ‘‘(C) The court shall select the master from the
or an order for preliminary injunctive relief.          be entitled to the immediate termination of any        persons remaining on the list after the operation
Preliminary injunctive relief must be narrowly          prospective relief if the relief was approved or       of subparagraph (B).
drawn, extend no further than necessary to cor-                                                                   ‘‘(3) INTERLOCUTORY APPEAL.—Any party
                                                        granted in the absence of a finding by the court
rect the harm the court finds requires prelimi-                                                                shall have the right to an interlocutory appeal
                                                        that the relief is narrowly drawn, extends no
nary relief, and be the least intrusive means                                                                  of the judge’s selection of the special master
                                                        further than necessary to correct the violation
necessary to correct that harm. The court shall                                                                under this subsection, on the ground of partial-
                                                        of the Federal right, and is the least intrusive
give substantial weight to any adverse impact                                                                  ity.
                                                        means necessary to correct the violation of the
on public safety or the operation of a criminal                                                                   ‘‘(4) COMPENSATION.—The compensation to be
                                                        Federal right.
justice system caused by the preliminary relief                                                                allowed to a special master under this section
                                                           ‘‘(3) LIMITATION.—Prospective relief shall not
and shall respect the principles of comity set out                                                             shall be based on an hourly rate not greater
                                                        terminate if the court makes written findings
in paragraph (1)(B) in tailoring any preliminary                                                               than the hourly rate established under section
                                                        based on the record that prospective relief re-
relief. Preliminary injunctive relief shall auto-                                                              3006A for payment of court-appointed counsel,
                                                        mains necessary to correct a current or ongoing
matically expire on the date that is 90 days after                                                             plus costs reasonably incurred by the special
                                                        violation of the Federal right, extends no fur-
its entry, unless the court makes the findings re-                                                             master. Such compensation and costs shall be
                                                        ther than necessary to correct the violation of
quired under subsection (a)(1) for the entry of                                                                paid with funds appropriated to the Judiciary.
                                                        the Federal right, and that the prospective relief
prospective relief and makes the order final be-                                                                  ‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In
                                                        is narrowly drawn and the least intrusive means
fore the expiration of the 90-day period.                                                                      any civil action with respect to prison condi-
                                                        to correct the violation.
   ‘‘(3) PRISONER RELEASE ORDER.—(A) In any                                                                    tions in which a special master is appointed
                                                           ‘‘(4) TERMINATION OR MODIFICATION OF RE-            under this subsection, the court shall review the
civil action with respect to prison conditions, no
                                                        LIEF.—Nothing in this section shall prevent any
prisoner release order shall be entered unless—                                                                appointment of the special master every 6
                                                        party or intervener from seeking modification or
   ‘‘(i) a court has previously entered an order                                                               months to determine whether the services of the
                                                        termination before the relief is terminable under
for less intrusive relief that has failed to remedy                                                            special master continue to be required under
                                                        paragraph (1) or (2), to the extent that modifica-
the deprivation of the Federal right sought to be                                                              paragraph (1). In no event shall the appoint-
                                                        tion or termination would otherwise be legally
remedied through the prisoner release order;                                                                   ment of a special master extend beyond the ter-
                                                        permissible.
and                                                                                                            mination of the relief.
   ‘‘(ii) the defendant has had a reasonable               ‘‘(c) SETTLEMENTS.—                                    ‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A
amount of time to comply with the previous                 ‘‘(1) CONSENT DECREES.—In any civil action          special master appointed under this subsection—
court orders.                                           with respect to prison conditions, the court shall        ‘‘(A) may be authorized by a court to conduct
   ‘‘(B) In any civil action in Federal court with      not enter or approve a consent decree unless it        hearings and prepare proposed findings of fact,
respect to prison conditions, a prisoner release        complies with the limitations on relief set forth      which shall be made on the record;
order shall be entered only by a three-judge            in subsection (a).                                        ‘‘(B) shall not make any findings or commu-
court in accordance with section 2284 of title 28,         ‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A)            nications ex parte;
if the requirements of subparagraph (E) have            Nothing in this section shall preclude parties            ‘‘(C) may be authorized by a court to assist in
been met.                                               from entering into a private settlement agree-         the development of remedial plans; and
   ‘‘(C) A party seeking a prisoner release order       ment that does not comply with the limitations            ‘‘(D) may be removed at any time, but shall be
in Federal court shall file with any request for        on relief set forth in subsection (a), if the terms    relieved of the appointment upon the termi-
such relief, a request for a three-judge court and      of that agreement are not subject to court en-         nation of relief.
materials sufficient to demonstrate that the re-        forcement other than the reinstatement of the             ‘‘(g) DEFINITIONS.—As used in this section—
quirements of subparagraph (A) have been met.           civil proceeding that the agreement settled.              ‘‘(1) the term ‘consent decree’ means any relief
   ‘‘(D) If the requirements under subparagraph            ‘‘(B) Nothing in this section shall preclude        entered by the court that is based in whole or in
(A) have been met, a Federal judge before whom          any party claiming that a private settlement           part upon the consent or acquiescence of the
a civil action with respect to prison conditions is     agreement has been breached from seeking in            parties but does not include private settlements;
pending who believes that a prison release order        State court any remedy available under State              ‘‘(2) the term ‘civil action with respect to pris-
should be considered may sua sponte request the         law.                                                   on conditions’ means any civil proceeding aris-
convening of a three-judge court to determine              ‘‘(d) STATE LAW REMEDIES.—The limitations           ing under Federal law with respect to the condi-
whether a prisoner release order should be en-          on remedies in this section shall not apply to re-     tions of confinement or the effects of actions by
tered.                                                  lief entered by a State court based solely upon        government officials on the lives of persons con-
   ‘‘(E) The three-judge court shall enter a pris-      claims arising under State law.                        fined in prison, but does not include habeas cor-
oner release order only if the court finds by              ‘‘(e) PROCEDURE FOR MOTIONS AFFECTING               pus proceedings challenging the fact or duration
clear and convincing evidence that—                     PROSPECTIVE RELIEF.—                                   of confinement in prison;
   ‘‘(i) crowding is the primary cause of the vio-         ‘‘(1) GENERALLY.—The court shall promptly              ‘‘(3) the term ‘prisoner’ means any person sub-
lation of a Federal right; and                          rule on any motion to modify or terminate pro-         ject to incarceration, detention, or admission to
   ‘‘(ii) no other relief will remedy the violation     spective relief in a civil action with respect to      any facility who is accused of, convicted of, sen-
of the Federal right.                                   prison conditions.                                     tenced for, or adjudicated delinquent for, viola-
   ‘‘(F) Any State or local official or unit of gov-       ‘‘(2) AUTOMATIC STAY.—Any prospective relief        tions of criminal law or the terms and condi-
ernment whose jurisdiction or function includes         subject to a pending motion shall be automati-         tions of parole, probation, pretrial release, or di-
the appropriation of funds for the construction,        cally stayed during the period—                        versionary program;
April 25, 1996                                  CONGRESSIONAL RECORD — HOUSE                                                                         H3861
   ‘‘(4) the term ‘prisoner release order’ includes    to prison conditions under section 1979 of the           ‘‘(2) Subject to the agreement of the official of
any order, including a temporary restraining           Revised Statutes of the United States (42 U.S.C.      the Federal, State, or local unit of government
order or preliminary injunctive relief, that has       1983), or any other Federal law, by a prisoner        with custody over the prisoner, hearings may be
the purpose or effect of reducing or limiting the      confined in any jail, prison, or other correc-        conducted at the facility in which the prisoner
prison population, or that directs the release         tional facility until such administrative rem-        is confined. To the extent practicable, the court
from or nonadmission of prisoners to a prison;         edies as are available are exhausted.                 shall allow counsel to participate by telephone,
   ‘‘(5) the term ‘prison’ means any Federal,             ‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE          video conference, or other communications tech-
State, or local facility that incarcerates or de-      TO ADMINISTRATIVE GRIEVANCE PROCEDURE.—               nology in any hearing held at the facility.
tains juveniles or adults accused of, convicted        The failure of a State to adopt or adhere to an          ‘‘(g) WAIVER OF REPLY.—(1) Any defendant
of, sentenced for, or adjudicated delinquent for,      administrative grievance procedure shall not          may waive the right to reply to any action
violations of criminal law;                            constitute the basis for an action under section      brought by a prisoner confined in any jail, pris-
   ‘‘(6) the term ‘private settlement agreement’       3 or 5 of this Act.                                   on, or other correctional facility under section
means an agreement entered into among the                 ‘‘(c) DISMISSAL.—(1) The court shall on its        1979 of the Revised Statutes of the United States
parties that is not subject to judicial enforce-       own motion or on the motion of a party dismiss        (42 U.S.C. 1983) or any other Federal law. Not-
ment other than the reinstatement of the civil         any action brought with respect to prison condi-      withstanding any other law or rule of proce-
proceeding that the agreement settled;                 tions under section 1979 of the Revised Statutes      dure, such waiver shall not constitute an admis-
   ‘‘(7) the term ‘prospective relief’ means all re-   of the United States (42 U.S.C. 1983), or any         sion of the allegations contained in the com-
lief other than compensatory monetary dam-             other Federal law, by a prisoner confined in any      plaint. No relief shall be granted to the plaintiff
ages;                                                  jail, prison, or other correctional facility if the   unless a reply has been filed.
   ‘‘(8) the term ‘special master’ means any per-      court is satisfied that the action is frivolous,         ‘‘(2) The court may require any defendant to
son appointed by a Federal court pursuant to           malicious, fails to state a claim upon which re-      reply to a complaint brought under this section
Rule 53 of the Federal Rules of Civil Procedure        lief can be granted, or seeks monetary relief
                                                                                                             if it finds that the plaintiff has a reasonable op-
or pursuant to any inherent power of the court         from a defendant who is immune from such re-
                                                                                                             portunity to prevail on the merits.
to exercise the powers of a master, regardless of      lief.
                                                          ‘‘(2) In the event that a claim is, on its face,      ‘‘(h) DEFINITION.—As used in this section, the
the title or description given by the court; and                                                             term ‘prisoner’ means any person incarcerated
   ‘‘(9) the term ‘relief’ means all relief in any     frivolous, malicious, fails to state a claim upon
                                                       which relief can be granted, or seeks monetary        or detained in any facility who is accused of,
form that may be granted or approved by the                                                                  convicted of, sentenced for, or adjudicated de-
court, and includes consent decrees but does not       relief from a defendant who is immune from
                                                       such relief, the court may dismiss the underly-       linquent for, violations of criminal law or the
include private settlement agreements.’’.                                                                    terms and conditions of parole, probation, pre-
   (b) APPLICATION OF AMENDMENT.—                      ing claim without first requiring the exhaustion
   (1) IN GENERAL.—Section 3626 of title 18, Unit-     of administrative remedies.                           trial release, or diversionary program.’’.
ed States Code, as amended by this section,               ‘‘(d) ATTORNEY’S FEES.—(1) In any action              (e) REPORT TO CONGRESS.—Section 8 of the
shall apply with respect to all prospective relief     brought by a prisoner who is confined to any          Act (42 U.S.C. 1997f) is amended by striking ‘‘his
whether such relief was originally granted or          jail, prison, or other correctional facility, in      report’’ and inserting ‘‘the report’’.
approved before, on, or after the date of the en-      which attorney’s fees are authorized under sec-          (f) NOTICE TO FEDERAL DEPARTMENTS.—Sec-
actment of this title.                                 tion 2 of the Revised Statutes of the United          tion 10 of the Act (42 U.S.C. 1997h) is amended—
   (2) TECHNICAL AMENDMENT.—Subsections (b)            States (42 U.S.C. 1988), such fees shall not be          (1) by striking ‘‘his action’’ and inserting ‘‘the
and (d) of section 20409 of the Violent Crime          awarded, except to the extent that—                   action’’; and
Control and Law Enforcement Act of 1994 are               ‘‘(A) the fee was directly and reasonably in-         (2) by striking ‘‘he is satisfied’’ and inserting
repealed.                                              curred in proving an actual violation of the          ‘‘the Attorney General is satisfied’’.
   (c) CLERICAL AMENDMENT.—The table of sec-           plaintiff’s rights protected by a statute pursuant    SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
tions at the beginning of subchapter C of chap-        to which a fee may be awarded under section 2           (a) FILING FEES.—Section 1915 of title 28,
ter 229 of title 18, United States Code, is amend-     of the Revised Statutes; and                          United States Code, is amended—
ed to read as follows:                                    ‘‘(B)(i) the amount of the fee is proportion-         (1) in subsection (a)—
                                                       ately related to the court ordered relief for the        (A) by striking ‘‘(a) Any’’ and inserting
‘‘3626. Appropriate remedies with respect to pris-
                                                       violation; or                                         ‘‘(a)(1) Subject to subsection (b), any’’;
                on conditions.’’.
                                                          ‘‘(ii) the fee was directly and reasonably in-        (B) by striking ‘‘and costs’’;
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF IN-
                                                       curred in enforcing the relief ordered for the
            STITUTIONALIZED PERSONS ACT.                                                                        (C) by striking ‘‘makes affidavit’’ and insert-
                                                       violation.
  (a) INITIATION OF CIVIL ACTIONS.—Section 3(c)                                                              ing ‘‘submits an affidavit that includes a state-
                                                          ‘‘(2) Whenever a monetary judgment is award-
of the Civil Rights of Institutionalized Persons       ed in an action described in paragraph (1), a         ment of all assets such prisoner possesses’’;
Act (42 U.S.C. 1997a(c)) (referred to in this sec-     portion of the judgment (not to exceed 25 per-           (D) by striking ‘‘such costs’’ and inserting
tion as the ‘‘Act’’) is amended to read as fol-        cent) shall be applied to satisfy the amount of       ‘‘such fees’’;
lows:                                                  attorney’s fees awarded against the defendant.           (E) by striking ‘‘he’’ each place it appears and
  ‘‘(c) The Attorney General shall personally          If the award of attorney’s fees is not greater        inserting ‘‘the person’’;
sign any complaint filed pursuant to this sec-         than 150 percent of the judgment, the excess             (F) by adding immediately after paragraph
tion.’’.                                               shall be paid by the defendant.                          (1), the following new paragraph:
  (b) CERTIFICATION REQUIREMENTS.—Section 4               ‘‘(3) No award of attorney’s fees in an action        ‘‘(2) A prisoner seeking to bring a civil action
of the Act (42 U.S.C. 1997b) is amended—               described in paragraph (1) shall be based on an       or appeal a judgment in a civil action or pro-
  (1) in subsection (a)—                                                                                     ceeding without prepayment of fees or security
  (A) by striking ‘‘he’’ each place it appears and     hourly rate greater than 150 percent of the
                                                       hourly rate established under section 3006A of        therefor, in addition to filing the affidavit filed
inserting ‘‘the Attorney General’’; and                                                                      under paragraph (1), shall submit a certified
  (B) by striking ‘‘his’’ and inserting ‘‘the At-      title 18, United States Code, for payment of
                                                       court-appointed counsel.                              copy of the trust fund account statement (or in-
torney General’s’’; and                                                                                      stitutional equivalent) for the prisoner for the 6-
  (2) by amending subsection (b) to read as fol-          ‘‘(4) Nothing in this subsection shall prohibit
                                                       a prisoner from entering into an agreement to         month period immediately preceding the filing of
lows:                                                                                                        the complaint or notice of appeal, obtained from
  ‘‘(b) The Attorney General shall personally          pay an attorney’s fee in an amount greater than
                                                       the amount authorized under this subsection, if       the appropriate official of each prison at which
sign any certification made pursuant to this sec-
                                                       the fee is paid by the individual rather than by      the prisoner is or was confined.’’; and
tion.’’.
  (c) INTERVENTION IN ACTIONS.—Section 5 of            the defendant pursuant to section 2 of the Re-           (G) by striking ‘‘An appeal’’ and inserting
the Act (42 U.S.C. 1997c) is amended—                  vised Statutes of the United States (42 U.S.C.        ‘‘(3) An appeal’’;
  (1) in subsection (b)—                               1988).                                                   (2) by redesignating subsections (b), (c), (d),
  (A) in paragraph (1), by striking ‘‘he’’ each           ‘‘(e) LIMITATION ON RECOVERY.—No Federal           and (e) as subsections (c), (d), (e), and (f), re-
place it appears and inserting ‘‘the Attorney          civil action may be brought by a prisoner con-        spectively;
General’’; and                                         fined in a jail, prison, or other correctional fa-       (3) by inserting after subsection (a) the follow-
  (B) by amending paragraph (2) to read as fol-        cility, for mental or emotional injury suffered       ing new subsection:
lows:                                                  while in custody without a prior showing of              ‘‘(b)(1) Notwithstanding subsection (a), if a
  ‘‘(2) The Attorney General shall personally          physical injury.                                      prisoner brings a civil action or files an appeal
sign any certification made pursuant to this sec-         ‘‘(f) HEARINGS.—(1) To the extent practicable,     in forma pauperis, the prisoner shall be required
tion.’’; and                                           in any action brought with respect to prison          to pay the full amount of a filing fee. The court
  (2) by amending subsection (c) to read as fol-       conditions in Federal court pursuant to section       shall assess and, when funds exist, collect, as a
lows:                                                  1979 of the Revised Statutes of the United States     partial payment of any court fees required by
  ‘‘(c) The Attorney General shall personally          (42 U.S.C. 1983), or any other Federal law, by a      law, an initial partial filing fee of 20 percent of
sign any motion to intervene made pursuant to          prisoner confined in any jail, prison, or other       the greater of—
this section.’’.                                       correctional facility, pretrial proceedings in           ‘‘(A) the average monthly deposits to the pris-
  (d) SUITS BY PRISONERS.—Section 7 of the Act         which the prisoner’s participation is required or     oner’s account; or
(42 U.S.C. 1997e) is amended to read as follows:       permitted shall be conducted by telephone, video         ‘‘(B) the average monthly balance in the pris-
‘‘SEC. 7. SUITS BY PRISONERS.                          conference, or other telecommunications tech-         oner’s account for the 6-month period imme-
   ‘‘(a) APPLICABILITY OF ADMINISTRATIVE REM-          nology without removing the prisoner from the         diately preceding the filing of the complaint or
EDIES.—No action shall be brought with respect         facility in which the prisoner is confined.           notice of appeal.
H3862                                           CONGRESSIONAL RECORD — HOUSE                                                                April 25, 1996
   ‘‘(2) After payment of the initial partial filing     ‘‘(h) As used in this section, the term ‘pris-        ocation of such earned good time credit under
fee, the prisoner shall be required to make            oner’ means any person incarcerated or de-              section 3624(b) of title 18, United States Code,
monthly payments of 20 percent of the preceding        tained in any facility who is accused of, con-          that has not yet vested, if, on its own motion or
month’s income credited to the prisoner’s ac-          victed of, sentenced for, or adjudicated delin-         the motion of any party, the court finds that—
count. The agency having custody of the pris-          quent for, violations of criminal law or the terms         ‘‘(1) the claim was filed for a malicious pur-
oner shall forward payments from the prisoner’s        and conditions of parole, probation, pretrial re-       pose;
account to the clerk of the court each time the        lease, or diversionary program.’’.                         ‘‘(2) the claim was filed solely to harass the
amount in the account exceeds $10 until the fil-       SEC. 805. JUDICIAL SCREENING.                           party against which it was filed; or
ing fees are paid.                                       (a) IN GENERAL.—Chapter 123 of title 28, Unit-           ‘‘(3) the claimant testifies falsely or otherwise
   ‘‘(3) In no event shall the filing fee collected    ed States Code, is amended by inserting after           knowingly presents false evidence or informa-
exceed the amount of fees permitted by statute         section 1915 the following new section:                 tion to the court.’’.
for the commencement of a civil action or an ap-                                                                  (b) TECHNICAL AMENDMENT.—The analysis for
                                                       ‘‘§ 1915A. Screening                                    chapter 123 of title 28, United States Code, is
peal of a civil action or criminal judgment.
   ‘‘(4) In no event shall a prisoner be prohibited       ‘‘(a) SCREENING.—The court shall review, be-         amended by inserting after the item relating to
from bringing a civil action or appealing a civil      fore docketing, if feasible or, in any event, as        section 1931 the following:
or criminal judgment for the reason that the           soon as practicable after docketing, a complaint        ‘‘1932. Revocation of earned release credit.’’.
prisoner has no assets and no means by which           in a civil action in which a prisoner seeks re-            (c) AMENDMENT OF SECTION 3624 OF TITLE
to pay the initial partial filing fee.’’;              dress from a governmental entity or officer or          18.—Section 3624(b) of title 18, United States
   (4) in subsection (c), as redesignated by para-     employee of a governmental entity.                      Code, is amended—
graph (2), by striking ‘‘subsection (a) of this sec-      ‘‘(b) GROUNDS FOR DISMISSAL.—On review, the             (1) in paragraph (1)—
tion’’ and inserting ‘‘subsections (a) and (b) and     court shall identify cognizable claims or dismiss          (A) by striking the first sentence;
the prepayment of any partial filing fee as may        the complaint, or any portion of the complaint,            (B) in the second sentence—
be required under subsection (b)’’; and                if the complaint—                                          (i) by striking ‘‘A prisoner’’ and inserting
   (5) by amending subsection (e), as redesig-            ‘‘(1) is frivolous, malicious, or fails to state a   ‘‘Subject to paragraph (2), a prisoner’’;
nated by paragraph (2), to read as follows:            claim upon which relief may be granted; or                 (ii) by striking ‘‘for a crime of violence,’’; and
   ‘‘(e)(1) The court may request an attorney to          ‘‘(2) seeks monetary relief from a defendant            (iii) by striking ‘‘such’’;
represent any person unable to afford counsel.         who is immune from such relief.                            (C) in the third sentence, by striking ‘‘If the
   ‘‘(2) Notwithstanding any filing fee, or any           ‘‘(c) DEFINITION.—As used in this section, the       Bureau’’ and inserting ‘‘Subject to paragraph
portion thereof, that may have been paid, the          term ‘prisoner’ means any person incarcerated           (2), if the Bureau’’;
court shall dismiss the case at any time if the        or detained in any facility who is accused of,             (D) by striking the fourth sentence and insert-
court determines that—                                 convicted of, sentenced for, or adjudicated de-         ing the following: ‘‘In awarding credit under
   ‘‘(A) the allegation of poverty is untrue; or       linquent for, violations of criminal law or the         this section, the Bureau shall consider whether
   ‘‘(B) the action or appeal—                         terms and conditions of parole, probation, pre-         the prisoner, during the relevant period, has
   ‘‘(i) is frivolous or malicious;                    trial release, or diversionary program.’’.              earned, or is making satisfactory progress to-
   ‘‘(ii) fails to state a claim on which relief may      (b) TECHNICAL AMENDMENT.—The analysis for            ward earning, a high school diploma or an
be granted; or                                         chapter 123 of title 28, United States Code, is         equivalent degree.’’; and
   ‘‘(iii) seeks monetary relief against a defend-     amended by inserting after the item relating to            (E) in the sixth sentence, by striking ‘‘Credit
ant who is immune from such relief.’’.                 section 1915 the following new item:                    for the last’’ and inserting ‘‘Subject to para-
   (b) EXCEPTION TO DISCHARGE OF DEBT IN                                                                       graph (2), credit for the last’’; and
                                                       ‘‘1915A. Screening.’’.
BANKRUPTCY PROCEEDING.—Section 523(a) of                                                                          (2) by amending paragraph (2) to read as fol-
                                                       SEC. 806. FEDERAL TORT CLAIMS.
title 11, United States Code, is amended—                                                                      lows:
   (1) in paragraph (16), by striking the period at       Section 1346(b) of title 28, United States Code,        ‘‘(2) Notwithstanding any other law, credit
the end and inserting ‘‘; or’’; and                    is amended—                                             awarded under this subsection after the date of
   (2) by adding at the end the following new             (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’;    enactment of the Prison Litigation Reform Act
paragraph:                                             and                                                     shall vest on the date the prisoner is released
   ‘‘(17) for a fee imposed by a court for the fil-       (2) by adding at the end the following:              from custody.’’.
ing of a case, motion, complaint, or appeal, or           ‘‘(2) No person convicted of a felony who is
                                                                                                               SEC. 810. SEVERABILITY.
for other costs and expenses assessed with re-         incarcerated while awaiting sentencing or while
                                                                                                                 If any provision of this title, an amendment
spect to such filing, regardless of an assertion of    serving a sentence may bring a civil action
                                                                                                               made by this title, or the application of such
poverty by the debtor under section 1915 (b) or        against the United States or an agency, officer,
                                                                                                               provision or amendment to any person or cir-
(f) of title 28, or the debtor’s status as a pris-     or employee of the Government, for mental or
                                                                                                               cumstance is held to be unconstitutional, the re-
oner, as defined in section 1915(h) of title 28.’’.    emotional injury suffered while in custody with-
                                                                                                               mainder of this title, the amendments made by
   (c) COSTS.—Section 1915(f) of title 28, United      out a prior showing of physical injury.’’.
                                                                                                               this title, and the application of the provisions
States Code (as redesignated by subsection             SEC. 807. PAYMENT OF DAMAGE AWARD IN SATIS-
                                                                   FACTION OF PENDING RESTITUTION
                                                                                                               of such to any person or circumstance shall not
(a)(2)), is amended—
                                                                   ORDERS.                                     be affected thereby.
   (1) by striking ‘‘(f) Judgment’’ and inserting
                                                                                                                 This Act may be cited as the ‘‘Departments of
‘‘(f)(1) Judgment’’;                                      Any compensatory damages awarded to a
                                                                                                               Commerce, Justice, and State, the Judiciary,
   (2) by striking ‘‘cases’’ and inserting ‘‘pro-      prisoner in connection with a civil action
                                                                                                               and Related Agencies Appropriations Act,
ceedings’’; and                                        brought against any Federal, State, or local jail,
   (3) by adding at the end the following new                                                                  1996.’’.
                                                       prison, or correctional facility or against any of-
                                                                                                                 (b) For programs, projects or activities in the
paragraph:                                             ficial or agent of such jail, prison, or correc-
   ‘‘(2)(A) If the judgment against a prisoner in-                                                             District of Columbia Appropriations Act, 1996,
                                                       tional facility, shall be paid directly to satisfy
cludes the payment of costs under this sub-                                                                    provided as follows, to be effective as if it had
                                                       any outstanding restitution orders pending
section, the prisoner shall be required to pay the                                                             been enacted into law as the regular appropria-
                                                       against the prisoner. The remainder of any such
full amount of the costs ordered.                                                                              tions Act:
                                                       award after full payment of all pending restitu-
   ‘‘(B) The prisoner shall be required to make        tion orders shall be forwarded to the prisoner.         AN ACT MAKING APPROPRIATIONS FOR THE GOV-
payments for costs under this subsection in the                                                                  ERNMENT OF THE DISTRICT OF COLUMBIA AND
                                                       SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING
same manner as is provided for filing fees under                   DAMAGE AWARD.                                 OTHER ACTIVITIES CHARGEABLE IN WHOLE OR IN
subsection (a)(2).                                                                                               PART AGAINST THE REVENUES OF SAID DISTRICT
                                                         Prior to payment of any compensatory dam-
   ‘‘(C) In no event shall the costs collected ex-                                                               FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
                                                       ages awarded to a prisoner in connection with
ceed the amount of the costs ordered by the                                                                      1996, AND FOR OTHER PURPOSES.
                                                       a civil action brought against any Federal,
court.’’.                                              State, or local jail, prison, or correctional facil-              TITLE I—FISCAL YEAR 1996
   (d) SUCCESSIVE CLAIMS.—Section 1915 of title        ity or against any official or agent of such jail,                      APPROPRIATIONS
28, United States Code, is amended by adding at        prison, or correctional facility, reasonable ef-             FEDERAL PAYMENT TO THE DISTRICT OF
the end the following new subsection:                  forts shall be made to notify the victims of the                           COLUMBIA
   ‘‘(g) In no event shall a prisoner bring a civil    crime for which the prisoner was convicted and             For payment to the District of Columbia for
action or appeal a judgment in a civil action or       incarcerated concerning the pending payment of          the fiscal year ending September 30, 1996,
proceeding under this section if the prisoner          any such compensatory damages.                          $660,000,000, as authorized by section 502(a) of
has, on 3 or more prior occasions, while incar-
                                                       SEC. 809. EARNED RELEASE CREDIT OR GOOD                 the District of Columbia Self-Government and
cerated or detained in any facility, brought an                    TIME CREDIT REVOCATION.                     Governmental Reorganization Act, Public Law
action or appeal in a court of the United States
                                                         (a) IN GENERAL.—Chapter 123 of title 28, Unit-        93–198, as amended (D.C. Code, sec. 47–3406.1).
that was dismissed on the grounds that it is friv-
                                                       ed States Code, is amended by adding at the end          FEDERAL CONTRIBUTION TO RETIREMENT FUNDS
olous, malicious, or fails to state a claim upon
                                                       the following new section:
which relief may be granted, unless the prisoner                                                                  For the Federal contribution to the Police Of-
is under imminent danger of serious physical in-       ‘‘§ 1932. Revocation of earned release credit           ficers and Fire Fighters’, Teachers’, and Judges’
jury.’’.                                                  ‘‘In any civil action brought by an adult con-       Retirement Funds, as authorized by the District
   (e) DEFINITION.—Section 1915 of title 28, Unit-     victed of a crime and confined in a Federal cor-        of Columbia Retirement Reform Act, approved
ed States Code, is amended by adding at the end        rectional facility, the court may order the rev-        November 17, 1979 (93 Stat. 866; Public Law 96–
the following new subsection:                                                                                  122), $52,070,000.
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                    H3863
              DIVISION OF EXPENSES                   the Council of the District of Columbia from the     each fiscal year since inception in the fiscal
   The following amounts are appropriated for        Housing Finance Agency’s annual audited fi-          year 1985: Provided further, That funds appro-
the District of Columbia for the current fiscal      nancial statements to the Council of the District    priated for expenses under the District of Co-
year out of the general fund of the District of      of Columbia, shall repay to the general fund an      lumbia Guardianship, Protective Proceedings,
Columbia, except as otherwise specifically pro-      amount equal to the appropriated administra-         and Durable Power of Attorney Act of 1986, ef-
vided.                                               tive costs plus interest at a rate of four percent   fective February 27, 1987 (D.C. Law 6–204; D.C.
                                                     per annum for a term of 15 years, with a defer-      Code, sec. 21–2060), for the fiscal year ending
     GOVERNMENTAL DIRECTION AND SUPPORT
                                                     ral of payments for the first three years: Pro-      September 30, 1996, shall be available for obliga-
   Governmental       direction   and     support,   vided further, That notwithstanding the fore-        tions incurred under the Act in each fiscal year
$149,130,000 and 1,498 full-time equivalent posi-    going provision, the obligation to repay all or      since inception in fiscal year 1989: Provided fur-
tions (end of year) (including $117,464,000 and      part of the amounts due shall be subject to the      ther, That not to exceed $1,500 for the Chief
1,158 full-time equivalent positions from local      rights of the owners of any bonds or notes is-       Judge of the District of Columbia Court of Ap-
funds, $2,464,000 and 5 full-time equivalent posi-   sued by the Housing Finance Agency and shall         peals, $1,500 for the Chief Judge of the Superior
tions from Federal funds, $4,474,000 and 71 full-    be repaid to the District of Columbia government     Court of the District of Columbia, and $1,500 for
time equivalent positions from other funds, and      only from available operating revenues of the        the Executive Officer of the District of Columbia
$24,728,000 and 264 full-time equivalent positions   Housing Finance Agency that are in excess of         Courts shall be available from this appropria-
from intra-District funds): Provided, That not to    the amounts required for debt service, reserve       tion for official purposes: Provided further,
exceed $2,500 for the Mayor, $2,500 for the          funds, and operating expenses: Provided fur-         That the District of Columbia shall operate and
Chairman of the Council of the District of Co-       ther, That upon commencement of the debt serv-       maintain a free, 24-hour telephone information
lumbia, and $2,500 for the City Administrator        ice payments, such payments shall be deposited       service whereby residents of the area surround-
shall be available from this appropriation for ex-   into the general fund of the District of Colum-      ing Lorton prison in Fairfax County, Virginia,
penditures for official purposes: Provided fur-      bia.                                                 can promptly obtain information from District of
ther, That any program fees collected from the                   PUBLIC SAFETY AND JUSTICE                Columbia government officials on all disturb-
issuance of debt shall be available for the pay-                                                          ances at the prison, including escapes, riots,
                                                        Public safety and justice, including purchase
ment of expenses of the debt management pro-                                                              and similar incidents: Provided further, That
                                                     of 135 passenger-carrying vehicles for replace-
gram of the District of Columbia: Provided fur-                                                           the District of Columbia government shall also
                                                     ment only, including 130 for police-type use and
ther, That no revenues from Federal sources                                                               take steps to publicize the availability of the 24-
                                                     five for fire-type use, without regard to the gen-
shall be used to support the operations or activi-                                                        hour telephone information service among the
                                                     eral purchase price limitation for the current
ties of the Statehood Commission and Statehood                                                            residents of the area surrounding the Lorton
                                                     fiscal year, $963,848,000 and 11,544 full-time
Compact Commission: Provided further, That                                                                prison: Provided further, That not to exceed
                                                     equivalent positions (end-of-year) (including
the District of Columbia shall identify the                                                               $100,000 of this appropriation shall be used to
                                                     $940,631,000 and 11,365 full-time equivalent posi-
sources of funding for Admission to Statehood                                                             reimburse Fairfax County, Virginia, and Prince
                                                     tions from local funds, $8,942,000 and 70 full-
from its own locally-generated revenues: Pro-                                                             William County, Virginia, for expenses incurred
                                                     time equivalent positions from Federal funds,
vided further, That $29,500,000 is for pay-as-                                                            by the counties during the fiscal year ending
                                                     $5,160,000 and 4 full-time equivalent positions
you-go capital projects of which $1,500,000 shall                                                         September 30, 1996, in relation to the Lorton
                                                     from other funds, and $9,115,000 and 105 full-
be for a capital needs assessment study, and                                                              prison complex: Provided further, That such re-
                                                     time equivalent positions from intra-District
$28,000,000 shall be for a new financial manage-                                                          imbursements shall be paid in all instances in
                                                     funds): Provided, That the Metropolitan Police
ment system, if so determined following the eval-                                                         which the District requests the counties to pro-
                                                     Department is authorized to replace not to ex-
uation and review process subsequently de-                                                                vide police, fire, rescue, and related services to
                                                     ceed 25 passenger-carrying vehicles and the Fire
scribed in this paragraph, of which $2,000,000                                                            help deal with escapes, fires, riots, and similar
                                                     Department of the District of Columbia is au-
shall be used to develop a needs analysis and                                                             disturbances involving the prison: Provided fur-
                                                     thorized to replace not to exceed five passenger-
assessment of the existing financial management                                                           ther, That the Mayor shall reimburse the Dis-
                                                     carrying vehicles annually whenever the cost of
environment, and the remaining $26,000,000                                                                trict of Columbia National Guard for expenses
                                                     repair to any damaged vehicle exceeds three-
shall be used to procure the necessary hardware                                                           incurred in connection with services that are
                                                     fourths of the cost of the replacement: Provided
and installation of new software, conversion,                                                             performed in emergencies by the National Guard
                                                     further, That not to exceed $500,000 shall be
testing and training: Provided further, That the                                                          in a militia status and are requested by the
                                                     available from this appropriation for the Chief
$26,000,000 shall not be obligated or expended                                                            Mayor, in amounts that shall be jointly deter-
                                                     of Police for the prevention and detection of
until: (1) the District of Columbia Financial Re-                                                         mined and certified as due and payable for these
                                                     crime: Provided further, That the Metropolitan
sponsibility and Management Assistance Au-                                                                services by the Mayor and the Commanding
                                                     Police Department shall provide quarterly re-
thority submits a report to the Committees on                                                             General of the District of Columbia National
                                                     ports to the Committees on Appropriations of
Appropriations of the House and the Senate, the                                                           Guard: Provided further, That such sums as
                                                     the House and Senate on efforts to increase effi-
Committee on Governmental Reform and Over-                                                                may be necessary for reimbursement to the Dis-
                                                     ciency and improve the professionalism in the
sight of the House, and the Committee on Gov-                                                             trict of Columbia National Guard under the pre-
                                                     department: Provided further, That notwith-
ernmental Affairs of the Senate reporting the re-                                                         ceding proviso shall be available from this ap-
                                                     standing any other provision of law, or Mayor’s
sults of a needs analysis and assessment of the                                                           propriation, and the availability of the sums
                                                     Order 86–45, issued March 18, 1986, the Metro-
existing financial management environment,                                                                shall be deemed as constituting payment in ad-
                                                     politan Police Department’s delegated small
specifying the deficiencies in, and recommend-                                                            vance for emergency services involved.
                                                     purchase authority shall be $500,000: Provided
ing necessary improvements to or replacement of                                                                       PUBLIC EDUCATION SYSTEM
                                                     further, That the District of Columbia govern-
the District’s financial management system in-
                                                     ment may not require the Metropolitan Police           Public education system, including the devel-
cluding a detailed explanation of each rec-
                                                     Department to submit to any other procurement        opment of national defense education programs,
ommendation and its estimated cost; and (2) 30
                                                     review process, or to obtain the approval of or      $795,201,000 and 11,670 full-time equivalent posi-
days lapse after receipt of the report by Con-
                                                     be restricted in any manner by any official or       tions (end-of-year) (including $676,251,000 and
gress: Provided further, That the District of Co-
                                                     employee of the District of Columbia govern-         9,996 full-time equivalent positions from local
lumbia government shall enter into negotiations
                                                     ment, for purchases that do not exceed $500,000:     funds, $87,385,000 and 1,227 full-time equivalent
with Gallaudet University to transfer, at a fair
                                                     Provided further, That $250,000 is used for the      positions from Federal funds, $21,719,000 and
market value rate, Hamilton School from the
                                                     Georgetown Summer Detail; $200,000 is used for       234 full-time equivalent positions from other
District of Columbia to Gallaudet University
                                                     East of the River Detail; $100,000 is used for       funds, and $9,846,000 and 213 full-time equiva-
with the proceeds, if such a sale takes place, de-
                                                     Adams Morgan Detail; and $100,000 is used for        lent positions from intra-District funds), to be
posited into the general fund of the District and
                                                     the Capitol Hill Summer Detail: Provided fur-        allocated as follows: $580,996,000 and 10,167 full-
used to improve public school facilities in the
                                                     ther, That the Metropolitan Police Department        time equivalent positions (including $498,310,000
same ward as the Hamilton School.
                                                     shall employ an authorized level of sworn offi-      and 9,014 full-time equivalent positions from
    ECONOMIC DEVELOPMENT AND REGULATION              cers not to be less than 3,800 sworn officers for    local funds, $75,786,000 and 1,058 full-time
   Economic     development     and    regulation,   the fiscal year ending September 30, 1996: Pro-      equivalent positions from Federal funds,
$140,983,000 and 1,692 full-time equivalent posi-    vided further, That funds appropriated for ex-       $4,343,000 and 44 full-time equivalent positions
tions (end-of-year) (including $68,203,000 and       penses under the District of Columbia Criminal       from other funds, and $2,557,000 and 51 full-time
698 full-time equivalent positions from local        Justice Act, approved September 3, 1974 (88 Stat.    equivalent positions from intra-District funds),
funds, $38,792,000 and 509 full-time equivalent      1090; Public Law 93–412; D.C. Code, sec. 11–2601     for the public schools of the District of Colum-
positions from Federal funds, $17,658,000 and        et seq.), for the fiscal year ending September 30,   bia; $111,800,000 (including $111,000,000 from
258 full-time equivalent positions from other        1996, shall be available for obligations incurred    local funds and $800,000 from intra-District
funds, and $16,330,000 and 227 full-time equiva-     under the Act in each fiscal year since inception    funds) shall be allocated for the District of Co-
lent positions from intra-District funds): Pro-      in the fiscal year 1975: Provided further, That      lumbia Teachers’ Retirement Fund; $79,396,000
vided, That the District of Columbia Housing         funds appropriated for expenses under the Dis-       and 1,079 full-time equivalent positions (includ-
Finance Agency, established by section 201 of        trict of Columbia Neglect Representation Equity      ing $45,377,000 and 572 full-time equivalent posi-
the District of Columbia Housing Finance Agen-       Act of 1984, effective March 13, 1985 (D.C. Law      tions from local funds, $10,611,000 and 156 full-
cy Act, effective March 3, 1979 (D.C. Law 2–135;     5–129; D.C. Code, sec. 16–2304), for the fiscal      time equivalent positions from Federal funds,
D.C. Code, sec. 45–2111), based upon its capabil-    year ending September 30, 1996, shall be avail-      $16,922,000 and 189 full-time equivalent positions
ity of repayments as determined each year by         able for obligations incurred under the Act in       from other funds, and $6,486,000 and 162 full-time
H3864                                         CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
equivalent positions from intra-District funds)      vide for the establishment of a modern, ade-          a full accounting of the fund due October 15,
for the University of the District of Columbia;      quate, and efficient hospital center in the Dis-      1996 or not later than 15 days after the last
$20,742,000 and 415 full-time equivalent positions   trict of Columbia, approved August 7, 1946 (60        amount remaining in the fund is disbursed.
(including $19,839,000 and 408 full-time equiva-     Stat. 896; Public Law 79–648); section 1 of An                    INCENTIVE BUYOUT PROGRAM
lent positions from local funds, $446,000 and 6      Act to authorize the Commissioners of the Dis-           For the purpose of funding costs associated
full-time equivalent positions from Federal          trict of Columbia to borrow funds for capital im-     with the incentive buyout program, to be appor-
funds, $454,000 and 1 full-time equivalent posi-     provement programs and to amend provisions of         tioned by the Mayor of the District of Columbia
tion from other funds, and $3,000 from intra-        law relating to Federal Government participa-         within the various appropriation headings in
District funds) for the Public Library; $2,267,000   tion in meeting costs of maintaining the Na-          this Act from which costs are properly payable,
and 9 full-time equivalent positions (including      tion’s Capital City, approved June 6, 1958 (72        $19,000,000.
$1,725,000 and 2 full-time equivalent positions      Stat. 183; Public Law 85–451; D.C. Code, sec. 9–                    OUTPLACEMENT SERVICES
from local funds and $542,000 and 7 full-time        219); section 4 of An Act to authorize the Com-
equivalent positions from Federal funds) for the                                                              For the purpose of funding outplacement serv-
                                                     missioners of the District of Columbia to plan,
Commission on the Arts and Humanities: Pro-                                                                ices for employees who leave the District of Co-
                                                     construct, operate, and maintain a sanitary
vided, That the public schools of the District of                                                          lumbia government involuntarily, $1,500,000.
                                                     sewer to connect the Dulles International Air-
Columbia are authorized to accept not to exceed      port with the District of Columbia system, ap-                     BOARDS AND COMMISSIONS
31 motor vehicles for exclusive use in the driver    proved June 12, 1960 (74 Stat. 211; Public Law           The Mayor shall reduce appropriations and
education program: Provided further, That not        86–515); sections 723 and 743(f) of the District of   expenditures for boards and commissions under
to exceed $2,500 for the Superintendent of           Columbia Self-Government and Governmental             the various headings in this title in the amount
Schools, $2,500 for the President of the Univer-     Reorganization Act of 1973, approved December         of $500,000: Provided, That this provision shall
sity of the District of Columbia, and $2,000 for     24, 1973, as amended (87 Stat. 821; Public Law        not apply to any board or commission estab-
the Public Librarian shall be available from this    93–198; D.C. Code, sec. 47–321, note; 91 Stat.        lished under title II of this Act.
appropriation for expenditures for official pur-     1156; Public Law 95–131; D.C. Code, sec. 9–219,            GOVERNMENT RE-ENGINEERING PROGRAM
poses: Provided further, That this appropriation     note), including interest as required thereby,           The Mayor shall reduce appropriations and
shall not be available to subsidize the education    $327,787,000 from local funds.                        expenditures for personal and nonpersonal serv-
of nonresidents of the District of Columbia at                                                             ices in the amount of $16,000,000 within one or
                                                      REPAYMENT OF GENERAL FUND RECOVERY DEBT
the University of the District of Columbia, un-                                                            several of the various appropriation headings in
less the Board of Trustees of the University of        For the purpose of eliminating the $331,589,000
                                                     general fund accumulated deficit as of Septem-        this Title.
the District of Columbia adopts, for the fiscal
                                                     ber 30, 1990, $38,678,000 from local funds, as au-                     CAPITAL OUTLAY
year ending September 30, 1996, a tuition rate
schedule that will establish the tuition rate for    thorized by section 461(a) of the District of Co-                 (INCLUDING RESCISSIONS)
nonresident students at a level no lower than        lumbia Self-Government and Governmental Re-              For construction projects, $168,222,000 (includ-
the nonresident tuition rate charged at com-         organization Act, approved December 24, 1973,         ing $82,850,000 from local funds and $85,372,000
parable public institutions of higher education      as amended (105 Stat. 540; Public Law 102–106;        from Federal funds), as authorized by An Act
in the metropolitan area.                            D.C. Code, sec. 47–321(a)).                           authorizing the laying of water mains and serv-
                                                           PAYMENT OF INTEREST ON SHORT-TERM               ice sewers in the District of Columbia, the levy-
             HUMAN SUPPORT SERVICES
                                                                         BORROWING                         ing of assessments therefor, and for other pur-
   Human support services, $1,855,014,000 and                                                              poses, approved April 22, 1904 (33 Stat. 244; Pub-
6,469 full-time equivalent positions (end-of-year)     For payment of interest on short-term borrow-
                                                     ing, $9,698,000 from local funds.                     lic Law 58–140; D.C. Code, secs. 43–1512 through
(including $1,076,856,000 and 3,650 full-time                                                              43–1519); the District of Columbia Public Works
equivalent     positions    from   local    funds,         PAY RENEGOTIATION OR REDUCTION IN               Act of 1954, approved May 18, 1954 (68 Stat. 101;
$726,685,000 and 2,639 full-time equivalent posi-                      COMPENSATION                        Public Law 83–364); An Act to authorize the
tions from Federal funds, $46,799,000 and 66 full-     The Mayor shall reduce appropriations and           Commissioners of the District of Columbia to
time equivalent positions from other funds, and      expenditures for personal services in the amount      borrow funds for capital improvement programs
$4,674,000 and 114 full-time equivalent positions    of $46,409,000, by decreasing rates of compensa-      and to amend provisions of law relating to Fed-
from intra-District funds): Provided, That           tion for District government employees; such de-      eral Government participation in meeting costs
$26,000,000 of this appropriation, to remain         creased rates are to be realized from employees       of maintaining the Nation’s Capital City, ap-
available until expended, shall be available sole-   who are subject to collective bargaining agree-       proved June 6, 1958 (72 Stat. 183; Public Law 85–
ly for District of Columbia employees’ disability    ments to the extent possible through the renego-      451; including acquisition of sites, preparation
compensation: Provided further, That the Dis-        tiation of existing collective bargaining agree-      of plans and specifications, conducting prelimi-
trict shall not provide free government services     ments: Provided, That, if a sufficient reduction      nary surveys, erection of structures, including
such as water, sewer, solid waste disposal or        from employees who are subject to collective bar-     building improvement and alteration and treat-
collection, utilities, maintenance, repairs, or      gaining agreements is not realized through re-        ment of grounds, to remain available until ex-
similar services to any legally constituted pri-     negotiating existing agreements, the Mayor            pended: Provided, That $105,660,000 from local
vate nonprofit organization (as defined in sec-      shall decrease rates of compensation for such         funds appropriated under this heading in prior
tion 411(5) of Public Law 100–77, approved July      employees, notwithstanding the provisions of          fiscal years is rescinded: Provided further, That
22, 1987) providing emergency shelter services in    any collective bargaining agreements: Provided        funds for use of each capital project implement-
the District, if the District would not be quali-    further, That the Congress hereby ratifies and        ing agency shall be managed and controlled in
fied to receive reimbursement pursuant to the        approves legislation enacted by the Council of        accordance with all procedures and limitations
Stewart B. McKinney Homeless Assistance Act,         the District of Columbia during fiscal year 1995      established under the Financial Management
approved July 22, 1987 (101 Stat. 485; Public Law    to reduce the compensation and benefits of all        System: Provided further, That all funds pro-
100–77; 42 U.S.C. 11301 et seq.).                    employees of the District of Columbia govern-         vided by this appropriation title shall be avail-
                  PUBLIC WORKS                       ment during that fiscal year: Provided further,       able only for the specific projects and purposes
   Public works, including rental of one pas-        That notwithstanding any other provision of           intended: Provided further, That notwithstand-
senger-carrying vehicle for use by the Mayor         law, the legislation enacted by the Council of        ing the foregoing, all authorizations for capital
and three passenger-carrying vehicles for use by     the District of Columbia during fiscal year 1995      outlay projects, except those projects covered by
the Council of the District of Columbia and pur-     to reduce the compensation and benefits of all        the first sentence of section 23(a) of the Federal-
chase of passenger-carrying vehicles for replace-    employees of the District of Columbia govern-         Aid Highway Act of 1968, approved August 23,
ment only, $297,568,000 and 1,914 full-time equiv-   ment during that fiscal year shall be deemed to       1968 (82 Stat. 827; Public Law 90–495; D.C. Code,
alent     positions    (end-of-year)    (including   have been ratified and approved by the Con-           sec. 7–134, note), for which funds are provided
$225,915,000 and 1,158 full-time equivalent posi-    gress during fiscal year 1995.                        by this appropriation title, shall expire on Sep-
tions from local funds, $2,682,000 and 32 full-                       RAINY DAY FUND                       tember 30, 1997, except authorizations for
time equivalent positions from Federal funds,                                                              projects as to which funds have been obligated
                                                       For mandatory unavoidable expenditures
$18,342,000 and 68 full-time equivalent positions                                                          in whole or in part prior to September 30, 1997:
                                                     within one or several of the various appropria-
from other funds, and $50,629,000 and 656 full-                                                            Provided further, That upon expiration of any
                                                     tion headings of this Act, to be allocated to the
time equivalent positions from intra-District                                                              such project authorization the funds provided
                                                     budgets for personal services and nonpersonal
funds): Provided, That this appropriation shall                                                            herein for the project shall lapse.
                                                     services as requested by the Mayor and ap-
not be available for collecting ashes or mis-                                                                     WATER AND SEWER ENTERPRISE FUND
                                                     proved by the Council pursuant to the proce-
cellaneous refuse from hotels and places of busi-
ness.                                                dures in section 4 of the Reprogramming Policy           For the Water and Sewer Enterprise Fund,
                                                     Act of 1980, effective September 16, 1980 (D.C.       $242,253,000 and 1,024 full-time equivalent posi-
     WASHINGTON CONVENTION CENTER FUND               Law 3–100; D.C. Code, sec. 47–363), $4,563,000        tions (end-of-year) (including $237,076,000 and
                TRANSFER PAYMENT
                                                     from local funds: Provided, That the District of      924 full-time equivalent positions from local
   For payment to the Washington Convention          Columbia shall provide to the Committees on           funds, $433,000 from other funds, and $4,744,000
Center Enterprise Fund, $5,400,000 from local        Appropriations of the House of Representatives        and 100 full-time equivalent positions from
funds.                                               and the Senate quarterly reports by the 15th          intra-District funds), of which $41,036,000 shall
       REPAYMENT OF LOANS AND INTEREST               day of the month following the end of the quar-       be apportioned and payable to the debt service
   For reimbursement to the United States of         ter showing how monies provided under this            fund for repayment of loans and interest in-
funds loaned in compliance with An Act to pro-       fund are expended with a final report providing       curred for capital improvement projects.
April 25, 1996                                 CONGRESSIONAL RECORD — HOUSE                                                                       H3865
   For construction projects, $39,477,000 from        investment, and other fees and administrative        imum prevailing rates for such vehicles as pre-
Federal funds, as authorized by An Act author-        expenses of the District of Columbia Retirement      scribed in the Federal Property Management
izing the laying of water mains and service sew-      Board: Provided, That the District of Columbia       Regulations 101–7 (Federal Travel Regulations).
ers in the District of Columbia, the levying of       Retirement Board shall provide to the Congress          SEC. 105. Appropriations in this Act shall be
assessments therefor, and for other purposes,         and to the Council of the District of Columbia a     available for expenses of travel and for the pay-
approved April 22, 1904 (33 Stat. 244; Public Law     quarterly report of the allocations of charges by    ment of dues of organizations concerned with
58–140; D.C. Code, sec. 43–1512 et seq.): Pro-        fund and of expenditures of all funds: Provided      the work of the District of Columbia govern-
vided, That the requirements and restrictions         further, That the District of Columbia Retire-       ment, when authorized by the Mayor: Provided,
that are applicable to general fund capital im-       ment Board shall provide the Mayor, for trans-       That the Council of the District of Columbia
provement projects and set forth in this Act          mittal to the Council of the District of Columbia,   and the District of Columbia Courts may expend
under the Capital Outlay appropriation title          an item accounting of the planned use of appro-      such funds without authorization by the Mayor.
shall apply to projects approved under this ap-       priated funds in time for each annual budget            SEC. 106. There are appropriated from the ap-
propriation title.                                    submission and the actual use of such funds in       plicable funds of the District of Columbia such
  LOTTERY AND CHARITABLE GAMES ENTERPRISE             time for each annual audited financial report.       sums as may be necessary for making refunds
                       FUND                                    CORRECTIONAL INDUSTRIES FUND                and for the payment of judgments that have
                                                                                                           been entered against the District of Columbia
   For the Lottery and Charitable Games Enter-           For the Correctional Industries Fund, estab-      government: Provided, That nothing contained
prise Fund, established by the District of Colum-     lished by the District of Columbia Correctional      in this section shall be construed as modifying
bia Appropriation Act for the fiscal year ending      Industries Establishment Act, approved October       or affecting the provisions of section 11(c)(3) of
September 30, 1982, approved December 4, 1981         3, 1964 (78 Stat. 1000; Public Law 88–622),          title XII of the District of Columbia Income and
(95 Stat. 1174, 1175; Public Law 97–91), as           $10,516,000 and 66 full-time equivalent positions    Franchise Tax Act of 1947, approved March 31,
amended, for the purpose of implementing the          (end-of-year) (including $3,415,000 and 22 full-     1956 (70 Stat. 78; Public Law 84–460; D.C. Code,
Law to Legalize Lotteries, Daily Numbers              time equivalent positions from other funds and       sec. 47–1812.11(c)(3)).
Games, and Bingo and Raffles for Charitable           $7,101,000 and 44 full-time equivalent positions        SEC. 107. Appropriations in this Act shall be
Purposes in the District of Columbia, effective       from intra-District funds).                          available for the payment of public assistance
March 10, 1981 (D.C. Law 3–172; D.C. Code,              WASHINGTON CONVENTION CENTER ENTERPRISE            without reference to the requirement of section
secs. 2–2501 et seq. and 22–1516 et seq.),                                  FUND                           544 of the District of Columbia Public Assistance
$229,950,000 and 88 full-time equivalent positions                                                         Act of 1982, effective April 6, 1982 (D.C. Law 4–
                                                         For the Washington Convention Center Enter-
(end-of-year) (including $7,950,000 and 88 full-                                                           101; D.C. Code, sec. 3–205.44), and for the non-
                                                      prise Fund, $37,957,000, of which $5,400,000 shall
time equivalent positions for administrative ex-                                                           Federal share of funds necessary to qualify for
                                                      be derived by transfer from the general fund.
penses and $222,000,000 for non-administrative                                                             Federal assistance under the Juvenile Delin-
expenses from revenue generated by the Lottery        DISTRICT OF COLUMBIA FINANCIAL RESPONSIBIL-
                                                        ITY AND MANAGEMENT ASSISTANCE AUTHORITY            quency Prevention and Control Act of 1968, ap-
Board), to be derived from non-Federal District                                                            proved July 31, 1968 (82 Stat. 462; Public Law
of Columbia revenues: Provided, That the Dis-            For the District of Columbia Financial Re-        90–445, 42 U.S.C. 3801 et seq.).
trict of Columbia shall identify the source of        sponsibility and Management Assistance Au-              SEC. 108. No part of any appropriation con-
funding for this appropriation title from the         thority, established by section 101(a) of the Dis-   tained in this Act shall remain available for ob-
District’s own locally-generated revenues: Pro-       trict of Columbia Financial Responsibility and       ligation beyond the current fiscal year unless
vided further, That no revenues from Federal          Management Assistance Act of 1995, approved          expressly so provided herein.
sources shall be used to support the operations       April 17, 1995 (109 Stat. 97; Public Law 104–8),        SEC. 109. No funds appropriated in this Act
or activities of the Lottery and Charitable           $3,500,000.                                          for the District of Columbia government for the
Games Control Board.                                        PERSONAL AND NONPERSONAL SERVICES              operation of educational institutions, the com-
       CABLE TELEVISION ENTERPRISE FUND                                 ADJUSTMENTS                        pensation of personnel, or for other educational
   For the Cable Television Enterprise Fund, es-         Notwithstanding any other provision of law,       purposes may be used to permit, encourage, fa-
tablished by the Cable Television Communica-          the Chief Financial Officer established under        cilitate, or further partisan political activities.
tions Act of 1981, effective October 22, 1983 (D.C.   section 302 of Public Law 104–8, approved April      Nothing herein is intended to prohibit the avail-
Law 5–36; D.C. Code, sec. 43–1801 et seq.),           17, 1995 (109 Stat. 142) shall, on behalf of the     ability of school buildings for the use of any
$2,351,000 and 8 full-time equivalent positions       Mayor, adjust appropriations and expenditures        community or partisan political group during
(end-of-year) (including $2,019,000 and 8 full-       for personal and nonpersonal services, together      non-school hours.
time equivalent positions from local funds and        with the related full-time equivalent positions,        SEC. 110. The annual budget for the District of
$332,000 from other funds), of which $572,000         in accordance with the direction of the District     Columbia government for the fiscal year ending
shall be transferred to the general fund of the       of Columbia Financial Responsibility and Man-        September 30, 1997, shall be transmitted to the
District of Columbia.                                 agement Assistance Authority such that there is      Congress no later than April 15, 1996 or as pro-
                                                      a net reduction of $150,907,000, within or among     vided for under the provisions of Public Law
                  STARPLEX FUND                                                                            104–8, approved April 17, 1995.
                                                      one or several of the various appropriation
   For the Starplex Fund, $6,580,000 from other                                                               SEC. 111. None of the funds appropriated in
                                                      headings in this Title, pursuant to section 208 of
funds for the expenses incurred by the Armory                                                              this Act shall be made available to pay the sal-
                                                      Public Law 104–8, approved April 17, 1995 (109
Board in the exercise of its powers granted by                                                             ary of any employee of the District of Columbia
                                                      Stat. 134).
An Act To Establish A District of Columbia Ar-                                                             government whose name, title, grade, salary,
mory Board, and for other purposes, approved                         GENERAL PROVISIONS                    past work experience, and salary history are not
June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–301        SEC. 101. The expenditure of any appropria-       available for inspection by the House and Sen-
et seq.) and the District of Columbia Stadium         tion under this Act for any consulting service       ate Committees on Appropriations, the House
Act of 1957, approved September 7, 1957 (71 Stat.     through procurement contract, pursuant to 5          Committee on Government Reform and Over-
619; Public Law 85–300; D.C. Code, sec. 2–321 et      U.S.C. 3109, shall be limited to those contracts     sight, District of Columbia Subcommittee, the
seq.): Provided, That the Mayor shall submit a        where such expenditures are a matter of public       Subcommittee on Oversight of Government Man-
budget for the Armory Board for the forthcom-         record and available for public inspection, ex-      agement, of the Senate Committee on Govern-
ing fiscal year as required by section 442(b) of      cept where otherwise provided under existing         mental Affairs, and the Council of the District
the District of Columbia Self-Government and          law, or under existing Executive order issued        of Columbia, or their duly authorized represent-
Governmental Reorganization Act, approved De-         pursuant to existing law.                            ative: Provided, That none of the funds con-
cember 24, 1973 (87 Stat. 824; Public Law 93–198;        SEC. 102. Except as otherwise provided in this    tained in this Act shall be made available to pay
D.C. Code, sec. 47–301(b)).                           Act, all vouchers covering expenditures of ap-       the salary of any employee of the District of Co-
             D.C. GENERAL HOSPITAL                    propriations contained in this Act shall be au-      lumbia government whose name and salary are
                                                      dited before payment by the designated certify-      not available for public inspection.
   For the District of Columbia General Hospital,
                                                      ing official and the vouchers as approved shall         SEC. 112. There are appropriated from the ap-
established by Reorganization Order No. 57 of
                                                      be paid by checks issued by the designated dis-      plicable funds of the District of Columbia such
the Board of Commissioners, effective August 15,
                                                      bursing official.                                    sums as may be necessary for making payments
1953, $115,034,000, of which $56,735,000 shall be
                                                         SEC. 103. Whenever in this Act, an amount is      authorized by the District of Columbia Revenue
derived by transfer as intra-District funds from
                                                      specified within an appropriation for particular     Recovery Act of 1977, effective September 23,
the general fund, $52,684,000 is to be derived
                                                      purposes or objects of expenditure, such             1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et
from the other funds, and $5,615,000 is to be de-
                                                      amount, unless otherwise specified, shall be con-    seq.).
rived from intra-District funds.
                                                      sidered as the maximum amount that may be ex-           SEC. 113. No part of this appropriation shall
             D.C. RETIREMENT BOARD                    pended for said purpose or object rather than an     be used for publicity or propaganda purposes or
   For the D.C. Retirement Board, established by      amount set apart exclusively therefor.               implementation of any policy including boycott
section 121 of the District of Columbia Retire-          SEC. 104. Appropriations in this Act shall be     designed to support or defeat legislation pending
ment Reform Act of 1989, approved November 17,        available, when authorized by the Mayor, for         before Congress or any State legislature.
1989 (93 Stat. 866; D.C. Code, sec. 1–711),           allowances for privately owned automobiles and          SEC. 114. At the start of the fiscal year, the
$13,440,000 and 11 full-time equivalent positions     motorcycles used for the performance of official     Mayor shall develop an annual plan, by quarter
(end-of-year) from the earnings of the applica-       duties at rates established by the Mayor: Pro-       and by project, for capital outlay borrowings:
ble retirement funds to pay legal, management,        vided, That such rates shall not exceed the max-     Provided, That within a reasonable time after
H3866                                           CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
the close of each quarter, the Mayor shall report      pair, alter, and improve rented premises, with-       242(12)) and the Governmental Reorganization
to the Council of the District of Columbia and         out regard to the provisions of section 322 of the    Procedures Act of 1981, effective October 17, 1981
the Congress the actual borrowings and spend-          Economy Act of 1932 (Public Law 72–212; 40            (D.C. Law 4–42; D.C. Code, sec. 1–299.1 to 1–
ing progress compared with projections.                U.S.C. 278a), upon a determination by the Di-         299.7). Appropriations made by this Act for such
   SEC. 115. The Mayor shall not borrow any            rector, that by reason of circumstances set forth     programs or functions are conditioned on the
funds for capital projects unless the Mayor has        in such determination, the payment of these           approval by the Council, prior to October 1,
obtained prior approval from the Council of the        rents and the execution of this work, without         1995, of the required reorganization plans.
District of Columbia, by resolution, identifying       reference to the limitations of section 322, is ad-      SEC. 129. (a) An entity of the District of Co-
the projects and amounts to be financed with           vantageous to the District in terms of economy,       lumbia government may accept and use a gift or
such borrowings.                                       efficiency, and the District’s best interest.         donation during fiscal year 1996 if—
   SEC. 116. The Mayor shall not expend any               SEC. 123. No later than 30 days after the end         (1) the Mayor approves the acceptance and
moneys borrowed for capital projects for the op-       of the first quarter of the fiscal year ending Sep-   use of the gift or donation: Provided, That the
erating expenses of the District of Columbia gov-      tember 30, 1996, the Mayor of the District of Co-     Council of the District of Columbia may accept
ernment.                                               lumbia shall submit to the Council of the Dis-        and use gifts without prior approval by the
   SEC. 117. None of the funds appropriated by         trict of Columbia the new fiscal year 1996 reve-      Mayor; and
this Act may be obligated or expended by re-           nue estimates as of the end of the first quarter         (2) the entity uses the gift or donation to
programming except pursuant to advance ap-             of fiscal year 1996. These estimates shall be used    carry out its authorized functions or duties.
proval of the reprogramming granted according          in the budget request for the fiscal year ending         (b) Each entity of the District of Columbia
to the procedure set forth in the Joint Explana-       September 30, 1997. The officially revised esti-      government shall keep accurate and detailed
tory Statement of the Committee of Conference          mates at midyear shall be used for the midyear        records of the acceptance and use of any gift or
(House Report No. 96–443), which accompanied           report.                                               donation under subsection (a) of this section,
the District of Columbia Appropriation Act,               SEC. 124. No sole source contract with the Dis-    and shall make such records available for audit
1980, approved October 30, 1979 (93 Stat. 713;         trict of Columbia government or any agency            and public inspection.
Public Law 96–93), as modified in House Report         thereof may be renewed or extended without               (c) For the purposes of this section, the term
No. 98–265, and in accordance with the Re-             opening that contract to the competitive bidding      ‘‘entity of the District of Columbia government’’
programming Policy Act of 1980, effective Sep-         process as set forth in section 303 of the District   includes an independent agency of the District
tember 16, 1980 (D.C. Law 3–100; D.C. Code, sec.       of Columbia Procurement Practices Act of 1985,        of Columbia.
47–361 et seq.): Provided, That for the fiscal year    effective February 21, 1986 (D.C. Law 6–85; D.C.         (d) This section shall not apply to the District
ending September 30, 1996 the above shall apply        Code, sec. 1–1183.3), except that the District of     of Columbia Board of Education, which may,
except as modified by Public Law 104–8.                Columbia Public Schools may renew or extend
   SEC. 118. None of the Federal funds provided                                                              pursuant to the laws and regulations of the Dis-
                                                       sole source contracts for which competition is        trict of Columbia, accept and use gifts to the
in this Act shall be obligated or expended to pro-     not feasible or practical, provided that the de-
vide a personal cook, chauffeur, or other per-                                                               public schools without prior approval by the
                                                       termination as to whether to invoke the competi-      Mayor.
sonal servants to any officer or employee of the       tive bidding process has been made in accord-
District of Columbia.                                                                                           SEC. 130. None of the Federal funds provided
                                                       ance with duly promulgated Board of Education         in this Act may be used by the District of Co-
   SEC. 119. None of the Federal Funds provided
                                                       rules and procedures.                                 lumbia to provide for salaries, expenses, or other
in this Act shall be obligated or expended to pro-
                                                          SEC. 125. For purposes of the Balanced Budget      costs associated with the offices of United States
cure passenger automobiles as defined in the
                                                       and Emergency Deficit Control Act of 1985, ap-        Senator or United States Representative under
Automobile Fuel Efficiency Act of 1980, ap-
                                                       proved December 12, 1985 (99 Stat. 1037; Public       section 4(d) of the District of Columbia State-
proved October 10, 1980 (94 Stat. 1824; Public
                                                       Law 99–177), as amended, the term ‘‘program,          hood Constitutional Convention Initiatives of
Law 96–425; 15 U.S.C. 2001(2)), with an Environ-
                                                       project, and activity’’ shall be synonymous with      1979, effective March 10, 1981 (D.C. Law 3–171;
mental Protection Agency estimated miles per
                                                       and refer specifically to each account appro-         D.C. Code, sec. 1–113(d)).
gallon average of less than 22 miles per gallon:
                                                       priating Federal funds in this Act, and any se-
Provided, That this section shall not apply to                                                                     PROHIBITION AGAINST USE OF FUNDS FOR
                                                       questration order shall be applied to each of the
security, emergency rescue, or armored vehicles.                                                                                 ABORTIONS
   SEC. 120. (a) Notwithstanding section 422(7) of     accounts rather than to the aggregate total of
                                                       those accounts: Provided, That sequestration or-         SEC. 131. None of the funds appropriated
the District of Columbia Self-Government and
                                                       ders shall not be applied to any account that is      under this Act shall be expended for any abor-
Governmental Reorganization Act of 1973, ap-
                                                       specifically exempted from sequestration by the       tion except where the life of the mother would
proved December 24, 1973 (87 Stat. 790; Public
                                                       Balanced Budget and Emergency Deficit Con-            be endangered if the fetus were carried to term
Law 93–198; D.C. Code, sec. 1–242(7)), the City
                                                       trol Act of 1985, approved December 12, 1985 (99      or where the pregnancy is the result of an act
Administrator shall be paid, during any fiscal
                                                       Stat. 1037; Public Law 99–177), as amended.           of rape or incest.
year, a salary at a rate established by the
Mayor, not to exceed the rate established for             SEC. 126. In the event a sequestration order is         PROHIBITION ON DOMESTIC PARTNERS ACT
level IV of the Executive Schedule under 5             issued pursuant to the Balanced Budget and               SEC. 132. No funds made available pursuant to
U.S.C. 5315.                                           Emergency Deficit Control Act of 1985, approved       any provision of this Act shall be used to imple-
   (b) For purposes of applying any provision of       December 12, 1985 (99 Stat. 1037: Public Law 99–      ment or enforce any system of registration of
law limiting the availability of funds for pay-        177), as amended, after the amounts appro-            unmarried, cohabiting couples whether they are
ment of salary or pay in any fiscal year, the          priated to the District of Columbia for the fiscal    homosexual, lesbian, or heterosexual, including
highest rate of pay established by the Mayor           year involved have been paid to the District of       but not limited to registration for the purpose of
under subsection (a) of this section for any posi-     Columbia, the Mayor of the District of Columbia       extending employment, health, or governmental
tion for any period during the last quarter of         shall pay to the Secretary of the Treasury, with-     benefits to such couples on the same basis that
calendar year 1995 shall be deemed to be the rate      in 15 days after receipt of a request therefor        such benefits are extended to legally married
of pay payable for that position for September         from the Secretary of the Treasury, such              couples; nor shall any funds made available
30, 1995.                                              amounts as are sequestered by the order: Pro-         pursuant to any provision of this Act otherwise
   (c) Notwithstanding section 4(a) of the Dis-        vided, That the sequestration percentage speci-       be used to implement or enforce D.C. Act 9–188,
trict of Columbia Redevelopment Act of 1945, ap-       fied in the order shall be applied proportion-        signed by the Mayor of the District of Columbia
proved August 2, 1946 (60 Stat. 793; Public Law        ately to each of the Federal appropriation ac-        on April 15, 1992.
79–592; D.C. Code, sec. 5–803(a)), the Board of        counts in this Act that are not specifically ex-
Directors of the District of Columbia Redevelop-       empted from sequestration by the Balanced             COMPENSATION FOR THE COMMISSION ON JUDI-
                                                                                                                CIAL DISABILITIES AND TENURE AND FOR THE
ment Land Agency shall be paid, during any fis-        Budget and Emergency Deficit Control Act of
cal year, per diem compensation at a rate estab-       1985, approved December 12, 1985 (99 Stat. 1037;         JUDICIAL NOMINATION COMMISSION
lished by the Mayor.                                   Public Law 99–177), as amended.                          SEC. 133. Sections 431(f) and 433(b)(5) of the
   SEC. 121. Notwithstanding any other provi-             SEC. 127. For the fiscal year ending September     District of Columbia Self-Government and Gov-
sions of law, the provisions of the District of Co-    30, 1996, the District of Columbia shall pay in-      ernmental Reorganization Act, approved Decem-
lumbia Government Comprehensive Merit Per-             terest on its quarterly payments to the United        ber 24, 1973 (87 Stat. 813; Public Law 93–198;
sonnel Act of 1978, effective March 3, 1979 (D.C.      States that are made more than 60 days from the       D.C. Code, secs. 11–1524 and title 11, App. 433),
Law 2–139; D.C. Code, sec. 1–601.1 et seq.), en-       date of receipt of an itemized statement from the     are amended to read as follows:
acted pursuant to section 422(3) of the District       Federal Bureau of Prisons of amounts due for             (a) Section 431(f) (D.C. Code, sec. 11–1524) is
of Columbia Self-Government and Governmental           housing District of Columbia convicts in Federal      amended to read as follows:
Reorganization Act of 1973, approved December          penitentiaries for the preceding quarter.                ‘‘(f) Members of the Tenure Commission shall
24, 1973 (87 Stat. 790; Public Law 93–198; D.C.           SEC. 128. Nothing in this Act shall be con-        serve without compensation for services ren-
Code, sec. 1–242(3)), shall apply with respect to      strued to authorize any office, agency or entity      dered in connection with their official duties on
the compensation of District of Columbia em-           to expend funds for programs or functions for         the Commission.’’.
ployees: Provided, That for pay purposes, em-          which a reorganization plan is required but has          (b) Section 433(b)(5) (title 11, App. 433) is
ployees of the District of Columbia government         not been approved by the Council pursuant to          amended to read as follows:
shall not be subject to the provisions of title 5 of   section 422(12) of the District of Columbia Self-        ‘‘(5) Members of the Commission shall serve
the United States Code.                                Government and Governmental Reorganization            without compensation for services rendered in
   SEC. 122. The Director of the Department of         Act of 1973, approved December 24, 1973 (87 Stat.     connection with their official duties on the Com-
Administrative Services may pay rentals and re-        790; Public Law 93–198; D.C. Code, sec. 1–            mission.’’.
April 25, 1996                                 CONGRESSIONAL RECORD — HOUSE                                                                        H3867
              MULTIYEAR CONTRACTS                       MONTHLY REPORTING REQUIREMENTS—BOARD                of Columbia, displaying previous and current
  SEC. 134. Section 451 of the District of Colum-                       OF EDUCATION                        control centers and responsibility centers, the
bia Self-Government and Governmental Reorga-            SEC. 138. The Board of Education shall submit       names of the organizational entities that have
nization Act of 1973, approved December 24, 1973      to the Congress, Mayor, and Council of the Dis-       been changed, the name of the staff member su-
(87 Stat. 803; Public Law 93–198; D.C. Code, sec.     trict of Columbia no later than fifteen (15) cal-     pervising each entity affected, and the reasons
1–1130), is amended by adding a new subsection        endar days after the end of each month a report       for the structural change.
(c) to read as follows:                               that sets forth—                                             ANNUAL REPORTING REQUIREMENTS
  ‘‘(c)(1) The District may enter into multiyear        (1) current month expenditures and obliga-
contracts to obtain goods and services for which      tions, year-to-date expenditures and obligations,        SEC. 140. (a) The Board of Education of the
funds would otherwise be available for obliga-        and total fiscal year expenditure projections vs.     District of Columbia and the University of the
tion only within the fiscal year for which ap-        budget broken out on the basis of control center,     District of Columbia shall annually compile an
propriated.                                           responsibility center, agency reporting code, and     accurate and verifiable report on the positions
  ‘‘(2) If the funds are not made available for       object class, and for all funds, including captial    and employees in the public school system and
the continuation of such a contract into a sub-       financing.                                            the university, respectively. The annual report
sequent fiscal year, the contract shall be can-         (2) a breakdown of FTE positions and staff          shall set forth—
celled or terminated, and the cost of cancella-       for the most current pay period broken out on            (1) the number of validated schedule A posi-
tion or termination may be paid from—                 the basis of control center, responsibility center,   tions in the District of Columbia Public Schools
  ‘‘(A) appropriations originally available for       and agency reporting code within each respon-         and the University of the District of Columbia
the performance of the contract concerned;            sibility center, for all funds, including capital     for fiscal year 1995, fiscal year 1996, and there-
  ‘‘(B) appropriations currently available for        funds;                                                after on full-time equivalent basis, including a
procurement of the type of acquisition covered          (3) a list of each account for which spending       compilation of all positions by control center, re-
by the contract, and not otherwise obligated; or      is frozen and the amount of funds frozen, bro-        sponsibility center, funding source, position
  ‘‘(C) funds appropriated for those payments.        ken out by control center, responsibility center,     type, position title, pay plan, grade, and annual
  ‘‘(3) No contract entered into under this sec-      detailed object, and agency reporting code, and       salary; and
tion shall be valid unless the Mayor submits the      for all funding sources;                                 (2) a compilation of all employees in the Dis-
contract to the Council for its approval and the        (4) a list of all active contracts in excess of     trict of Columbia Public Schools and the Univer-
Council approves the contract (in accordance          $10,000 annually, which contains; the name of         sity of the District of Columbia as of the preced-
with criteria established by act of the Council).     each contractor; the budget to which the con-         ing December 31, verified as to its accuracy in
The Council shall be required to take affirma-        tract is charged broken out on the basis of con-      accordance with the functions that each em-
tive action to approve the contract within 45         trol center, responsibility center, and agency re-    ployee actually performs, by control center, re-
days. If no action is taken to approve the con-       porting code; and contract identifying codes          sponsibility center, agency reporting code, pro-
tract within 45 calendar days, the contract shall     used by the D.C. Public Schools; payments made        gram (including funding source), activity, loca-
be deemed disapproved.’’.                             in the last month and year-to-date, the total         tion for accounting purposes, job title, grade
     CALCULATED REAL PROPERTY TAX RATE                amount of the contract and total payments             and classification, annual salary, and position
  RESCISSION AND REAL PROPERTY TAX FREEZE             made for the contract and any modifications,          control number.
  SEC. 135. The District of Columbia Real Prop-       extensions, renewals; and specific modifications         (b) SUBMISSION. The annual report required
erty Tax Revision Act of 1974, approved Septem-       made to each contract in the last month;              by subsection (a) shall be submitted to the Con-
ber 3, 1974 (88 Stat. 1051; D.C. Code, sec. 47–801      (5) all reprogrammming requests and reports         gress, the Mayor, the District of Columbia
et seq.), is amended as follows:                      that are required to be, and have been submitted      Council, the Consensus Commission, and the
  (1) Section 412 (D.C. Code, sec. 47–812) is         to the Board of Education; and                        Authority, not later than May 1, 1996, and each
amended as follows:                                     (6) changes made in the last month to the or-       February 15 thereafter.
  (A) Subsection (a) is amended by striking the       ganizational structure of the D.C. Public
third and fourth sentences and inserting the fol-     Schools, displaying previous and current control         ANNUAL BUDGETS AND BUDGET REVISIONS
lowing sentences in their place: ‘‘If the Council     centers and responsibility centers, the names of         SEC. 141. (a) Not later than October 1, 1995, or
does extend the time for establishing the rates of    the organizational entities that have been            within 15 calendar days after the date of the en-
taxation on real property, it must establish          changed, the name of the staff member super-          actment of the District of Columbia Appropria-
those rates for the tax year by permanent legis-      vising each entity affected, and the reasons for      tions Act, 1996, whichever occurs later, and each
lation. If the Council does not establish the         the structural change.                                succeeding year, the Board of Education and
rates of taxation of real property by October 15,            MONTHLY REPORTING REQUIREMENTS                 the University of the District of Columbia shall
and does not extend the time for establishing                                                               submit to the appropriate congressional commit-
                                                         UNIVERSITY OF THE DISTRICT OF COLUMBIA
rates, the rates of taxation applied for the prior                                                          tees, the Mayor, the District of Columbia Coun-
                                                        SEC. 139. The University of the District of Co-
year shall be the rates of taxation applied dur-                                                            cil, the Consensus Commission, and the Author-
                                                      lumbia shall submit to the Congress, Mayor, and
ing the tax year.’’.                                                                                        ity, a revised appropriated funds operating
  (B) A new subsection (a–2) is added to read as      Council of the District of Columbia no later
                                                      than fifteen (15) calendar days after the end of      budget for the public school system and the Uni-
follows:                                                                                                    versity of the District of Columbia for such fis-
  ‘‘(a–2) Notwithstanding the provisions of sub-      each month a report that sets forth—
                                                        (1) current month expenditures and obliga-          cal year that is in the total amount of the ap-
section (a) of this section, the real property tax                                                          proved appropriation and that realigns budg-
rates for taxable real property in the District of    tions, year-to-date expenditures and obligations,
                                                      and total fiscal year expenditure projections vs.     eted data for personal services and other-than-
Columbia for the tax year beginning October 1,                                                              personal services, respectively, with anticipated
1995, and ending September 30, 1996, shall be the     budget broken out on the basis of control center,
                                                      responsibility center, and object class, and for      actual expenditures.
same rates in effect for the tax year beginning
October 1, 1993, and ending September 30,             all funds, including capital financing;                  (b) The revised budget required by subsection
1994.’’.                                                (2) a breakdown of FTE positions and all em-        (a) of this section shall be submitted in the for-
  (2) Section 413(c) (D.C. Code, sec. 47–815(c)) is   ployees for the most current pay period broken        mat of the budget that the Board of Education
repealed.                                             out on the basis of control center, responsibility    and the University of the District of Columbia
                                                      center, for all funds, including capital funds;       submit to the Mayor of the District of Columbia
                PRISONS INDUSTRIES                      (3) a list of each account for which spending       for inclusion in the Mayor’s budget submission
  SEC. 136. Title 18 U.S.C. 1761(b) is amended by     is frozen and the amount of funds frozen, bro-        to the Council of the District of Columbia pursu-
striking the period at the end and inserting the      ken out by control center, responsibility center,     ant to section 442 of the District of Columbia
phrase ‘‘or not-for-profit organizations.’’ in its    detailed object, and for all funding sources;         Self-Government and Governmental Reorganiza-
place.                                                  (4) a list of all active contracts in excess of     tion Act, Public Law 93–198, as amended (D.C.
              REPORTS ON REDUCTIONS                   $10,000 annually, which contains; the name of         Code, sec. 47–301).
  SEC. 137. Within 120 days of the effective date     each contractor; the budget to which the con-
                                                                                                                           BUDGET APPROVAL
of this Act, the Mayor shall submit to the Con-       tract is charged broken out on the basis of con-
gress and the Council a report delineating the        trol center and responsibility center, and con-         SEC. 142. The Board of Education, the Board
actions taken by the executive to effect the di-      tract identifying codes used by the University of     of Trustees of the University of the District of
rectives of the Council in this Act, including—       the District of Columbia; payments made in the        Columbia, the Board of Library Trustees, and
  (1) negotiations with representatives of collec-    last month and year-to-date, the total amount         the Board of Governors of the D.C. School of
tive bargaining units to reduce employee com-         of the contract and total payments made for the       Law shall vote on and approve their respective
pensation;                                            contract and any modifications, extensions, re-       annual or revised budgets before submission to
  (2) actions to restructure existing long-term       newals; and specific modifications made to each       the Mayor of the District of Columbia for inclu-
city debt;                                            contract in the last month;                           sion in the Mayor’s budget submission to the
  (3) actions to apportion the spending reduc-          (5) all reprogramming requests and reports          Council of the District of Columbia in accord-
tions anticipated by the directives of this Act to    that have been made by the University of the          ance with section 442 of the District of Columbia
the executive for unallocated reductions; and         District of Columbia within the last month in         Self-Government and Governmental Reorganiza-
  (4) a list of any position that is backfilled in-   compliance with applicable law; and                   tion Act, Public Law 93–198, as amended (D.C.
cluding description, title, and salary of the posi-     (6) changes in the last month to the organiza-      Code, sec. 47–301), or before submitting their re-
tion.                                                 tional structure of the University of the District    spective budgets directly to the Council.
H3868                                          CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
     PUBLIC SCHOOL EMPLOYEE EVALUATIONS               the District of Columbia Public Schools shall            ‘‘(e) Each employee who is a bona fide resi-
  SEC. 143. Notwithstanding any other provision       be—                                                   dent of the District of Columbia shall have
of law, rule, or regulation, the evaluation proc-        (1) classified as an Educational Service em-       added 5 years to his or her creditable service for
ess and instruments for evaluating District of        ployee;                                               reduction-in-force purposes. For purposes of
Columbia Public Schools employees shall be a             (2) placed under the personnel authority of        this subsection only, a nonresident District em-
non-negotiable item for collective bargaining         the Board of Education; and                           ployee who was hired by the District govern-
purposes.                                                (3) subject to all Board of Education rules.       ment prior to January 1, 1980, and has not had
                                                         (b) School-based personnel shall constitute a      a break in service since that date, or a former
               POSITION VACANCIES
                                                      separate competitive area from nonschool-based        employee of the U.S. Department of Health and
  SEC. 144. (a) No agency, including an inde-         personnel who shall not compete with school-          Human Services at Saint Elizabeths Hospital
pendent agency, shall fill a position wholly          based personnel for retention purposes.               who accepted employment with the District gov-
funded by appropriations authorized by this              SEC. 147. None of the funds provided in this       ernment on October 1, 1987, and has not had a
Act, which is vacant on October 1, 1995, or be-       Act may be used directly or indirectly for the        break in service since that date, shall be consid-
comes vacant between October 1, 1995, and Sep-        renovation of the property located at 227 7th         ered a District resident.
tember 30, 1996, unless the Mayor or independ-        Street Southeast (commonly known as Eastern              ‘‘(f) Each employee selected for separation
ent agency submits a proposed resolution of in-       Market), except that funds provided in this Act       pursuant to this section shall be given written
tent to fill the vacant position to the Council.      may be used for the regular maintenance and           notice of at least 30 days before the effective
The Council shall be required to take affirma-        upkeep of the current structure and grounds lo-       date of his or her separation.
tive action on the Mayor’s resolution within 30       cated at such property.                                  ‘‘(g) Neither the establishment of a competitive
legislative days. If the Council does not affirma-               CAPITAL PROJECT EMPLOYEES                  area smaller than an agency, nor the determina-
tively approve the resolution within 30 legisla-                                                            tion that a specific position is to be abolished,
tive days, the resolution shall be deemed dis-           SEC. 148. (a) Not later than 15 days after the
                                                      end of every fiscal quarter (beginning October 1,     nor separation pursuant to this section shall be
approved.                                                                                                   subject to review except as follows—
  (b) No reduction in the number of full-time         1995), the Mayor shall submit to the Council of
                                                      the District of Columbia, the District of Colum-         ‘‘(1) an employee may file a complaint contest-
equivalent positions or reduction-in-force due to                                                           ing a determination or a separation pursuant to
privatization or contracting out shall occur if       bia Financial Responsibility and Management
                                                      Assistance Authority, and the Committees on           title XV of this Act or section 303 of the Human
the District of Columbia Financial Responsibil-                                                             Rights Act of 1977, effective December 13, 1977
ity and Management Assistance Authority, es-          Appropriations of the House of Representatives
                                                      and the Senate a report with respect to the em-       (D.C. Law 2–38; D.C. Code, sec. 1–2543); and
tablished by section 101(a) of the District of Co-                                                             ‘‘(2) an employee may file with the Office of
lumbia Financial Responsibility and Manage-           ployees on the capital project budget for the pre-
                                                      vious quarter.                                        Employee Appeals an appeal contesting that the
ment Assistance Act of 1995, approved April 17,                                                             separation procedures of subsections (d) and (f)
1995 (109 Stat. 97; Public Law 104–8), disallows         (b) Each report submitted pursuant to sub-
                                                      section (a) of this section shall include the fol-    of this section were not properly applied.
the full-time equivalent position reduction pro-                                                               ‘‘(h) An employee separated pursuant to this
vided in this act in meeting the maximum ceiling      lowing information—
                                                         (1) a list of all employees by position, title,    section shall be entitled to severance pay in ac-
of 35,984 for the fiscal year ending September 30,                                                          cordance with title XI of this Act, except that
1996.                                                 grade and step;
                                                         (2) a job description, including the capital       the following shall be included in computing
  (c) This section shall not prohibit the appro-                                                            creditable service for severance pay for employ-
priate personnel authority from filling a vacant      project for which each employee is working;
                                                         (3) the date that each employee began work-        ees separated pursuant to this section—
position with a District government employee                                                                   ‘‘(1) four years for an employee who qualified
currently occupying a position that is funded         ing on the capital project and the ending date
                                                      that each employee completed or is projected to       for veteran’s preference under this act, and
with appropriated funds.                                                                                       ‘‘(2) three years for an employee who qualified
  (d) This section shall not apply to local           complete work on the capital project; and
                                                         (4) a detailed explanation justifying why each     for residency preference under this act.
school-based teachers, school-based officers, or                                                               ‘‘(i) Separation pursuant to this section shall
school-based teachers’ aides; or court personnel      employee is being paid with capital funds.
                                                            MODIFICATION OF REDUCTION-IN-FORCE              not affect an employee’s rights under either the
covered by title 11 of the D.C. Code, except                                                                Agency Reemployment Priority Program or the
chapter 23.                                                                PROCEDURES
                                                                                                            Displaced Employee Program established pursu-
     MODIFICATIONS OF BOARD OF EDUCATION                 SEC. 149. The District of Columbia Govern-         ant to Chapter 24 of the District Personnel Man-
         REDUCTION-IN-FORCE PROCEDURES                ment Comprehensive Merit Personnel Act of             ual.
  SEC. 145. The District of Columbia Govern-          1978, effective March 3, 1979 (D.C. Law 2–139;           ‘‘(j) The Mayor shall submit to the Council a
ment Comprehensive Merit Personnel Act of             D.C. Code, sec. 1–601.1 et seq.), is amended as       listing of all positions to be abolished by agency
1978, (D.C. Code, sec. 1–601.1 et seq.) is amend-     follows:                                              and responsibility center by March 1, 1996, or
ed—                                                      (a) Section 2401 (D.C. Code, sec. 1–625.1) is      upon the delivery of termination notices to indi-
  (1) in section 301 (D.C. Code, sec. 1.603.1)—       amended by amending the third sentence to read        vidual employees.
  (A) by inserting after paragraph (13), the fol-     as follows: ‘‘A personnel authority may estab-           ‘‘(k) Notwithstanding the provisions of section
lowing new paragraph:                                 lish lesser competitive areas within an agency        1708 or section 2402(d), the provisions of this act
  ‘‘(13A) The term ‘nonschool-based personnel’        on the basis of all or a clearly identifiable seg-    shall not be deemed negotiable.
means any employee of the District of Columbia        ment of an agency’s mission or a division or             ‘‘(l) A personnel authority shall cause a 30-
public schools who is not based at a local school     major subdivision of an agency.’’.                    day termination notice to be served, no later
or who does not provide direct services to indi-         (b) A new section 2406 is added to read as fol-    than September 1, 1996, on any incumbent em-
vidual students.’’; and                               lows:                                                 ployee remaining in any position identified to be
  (B) by inserting after paragraph (15), the fol-        ‘‘SEC. 2406. Abolishment of positions for Fiscal
                                                                                                            abolished pursuant to subsection (b) of this sec-
lowing new paragraph:                                 Year 1996.
                                                                                                            tion’’.
  ‘‘(15A) The term ‘school administrators’ means         ‘‘(a) Notwithstanding any other provision of
                                                      law, regulation, or collective bargaining agree-                OPERATING EXPENSES AND GRANTS
principals, assistant principals, school program
directors, coordinators, instructional super-         ment either in effect or to be negotiated while          SEC. 150. (a) CEILING ON TOTAL OPERATING
visors, and support personnel of the District of      this legislation is in effect for the fiscal year     EXPENSES.—Notwithstanding any other provi-
Columbia public schools.’’;                           ending September 30, 1996, each agency head is        sion of law, the total amount appropriated in
  (2) in section 801A(b)(2) (D.C. Code, sec. 1–       authorized, within the agency head’s discretion,      this Act for operating expenses for the District
609.1(b)(2)(L)—                                       to identify positions for abolishment.                of Columbia for fiscal year 1996 under the cap-
  (A) by striking ‘‘(L) reduction-in-force’’ and         ‘‘(b) Prior to August 1, 1996, each personnel      tion ‘‘Division of Expenses’’ shall not exceed
inserting ‘‘(L)(i) reduction-in-force’’; and          authority shall make a final determination that       $4,994,000,000 of which $165,339,000 shall be from
  (B) by inserting after subparagraph (L)(i), the     a position within the personnel authority is to       intra-District funds.
following new clause:                                 be abolished.                                            (b) ACCEPTANCE AND USE OF GRANTS NOT IN-
  ‘‘(ii) Notwithstanding any other provision of          ‘‘(c) Notwithstanding any rights or procedures     CLUDED IN CEILING.—
law, the Board of Education shall not issue           established by any other provision of this title,        (1) IN GENERAL.—Notwithstanding subsection
rules that require or permit nonschool-based          any District government employee, regardless of       (a), the Mayor of the District of Columbia may
personnel or school administrators to be as-          date of hire, who encumbers a position identi-        accept, obligate, and expend Federal, private,
signed or reassigned to the same competitive          fied for abolishment shall be separated without       and other grants received by the District govern-
level as classroom teachers;’’; and                   competition or assignment rights, except as pro-      ment that are not reflected in the amounts ap-
  (3) in section 2402 (D.C. Code, sec. 1–625.2), by   vided in this section.                                propriated in this Act.
adding at the end the following new subsection:          ‘‘(d) An employee affected by the abolishment         (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER
  ‘‘(f) Notwithstanding any other provision of        of a position pursuant to this section who, but       REPORT AND      FINANCIAL RESPONSIBILITY      AND
law, the Board of Education shall not require or      for this section would be entitled to compete for     MANAGEMENT       ASSISTANCE  AUTHORITY        AP-
permit nonschool-based personnel or school ad-        retention, shall be entitled to 1 round of lateral    PROVAL.—No    such Federal, private, or other
ministrators to be assigned or reassigned to the      competition pursuant to Chapter 24 of the Dis-        grant may be accepted, obligated, or expended
same competitive level as classroom teachers.’’.      trict of Columbia Personnel Manual, which             pursuant to paragraph (1) until—
  SEC. 146. (a) Notwithstanding any other provi-      shall be limited to positions in the employee’s         (A) the Chief Financial Officer of the District
sion of law, rule, or regulation, an employee of      competitive level.                                    submits to the District of Columbia Financial
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                          H3869
Responsibility and Management Assistance Au-         facilities constructed and operated by private            (a) the heads and all personnel of the follow-
thority established by Public Law 104–8 (109         entities.                                              ing offices, together with all other District of
Stat. 97) a report setting forth detailed informa-      (B) A separate plan under which the Complex         Columbia executive branch accounting, budget,
tion regarding such grant; and                       will remain in operation under the management          and financial management personnel, shall be
  (B) the District of Columbia Financial Re-         of the District of Columbia subject to such modi-      appointed by, shall serve at the pleasure of, and
sponsibility and Management Assistance Au-           fications as the District considers appropriate.       shall act under the direction and control of the
thority has reviewed and approved the accept-           (C) A separate plan under which the Federal         Chief Financial Officer:
ance, obligation, and expenditure of such grant      government will operate the Complex and in-               The Office of the Treasurer.
in accordance with review and approval proce-        mates will be sentenced and treated in accord-            The Controller of the District of Columbia.
dures consistent with the provisions of Public       ance with guidelines applicable to Federal pris-          The Office of the Budget.
Law 104–8.                                           oners.                                                    The Office of Financial Information Services.
  (3) PROHIBITION ON SPENDING IN ANTICIPATION           (D) A separate plan under which the Complex            The Department of Finance and Revenue.
OF APPROVAL OR RECEIPT.—No amount may be             will be operated under private management.             The District of Columbia Financial Responsibil-
obligated or expended from the general fund or          (E) Such other plans as the District of Colum-      ity and Management Assistance Authority es-
other funds of the District government in antici-    bia consider appropriate.                              tablished pursuant to Public Law 104–8, ap-
pation of the approval or receipt of a grant            (2) REQUIREMENTS FOR PLANS.—Each of the             proved April 17, 1995, may remove such individ-
under paragraph (2)(B) or in anticipation of the     alternative plans developed under paragraph (1)        uals from office for cause, after consultation
approval or receipt of a Federal, private, or        shall meet the following requirements:                 with the Mayor and the Chief Financial Officer.
other grant not subject to such paragraph.              (A) The plan shall provide for an appropriate          (b) the Chief Financial Officer shall prepare
  (4) MONTHLY REPORTS.—The Chief Financial           transition period for implementation (not to ex-       and submit to the Mayor, for inclusion in the
Officer of the District shall prepare a monthly      ceed 5 years) to begin January 1, 1997.                annual budget of the District of Columbia under
report setting forth detailed information regard-       (B) The plan shall specify the extent to which      part D of title IV of the District of Columbia
ing all Federal, private, and other grants sub-      the Department will utilize alternative and cost-      Self-Government and Governmental Reorganiza-
ject to this subsection. Each such report shall be   effective management methods, including the            tion Act of 1993, approved December 24, 1973 (87
submitted to the Council of the District of Co-      use of private management and vendors for the          Stat. 774; Public Law 93–198), as amended, for
lumbia, and to the Committees on Appropria-          operation of the facilities and activities of the      fiscal years 1996, 1997 and 1998, annual esti-
tions of the House of Representatives and the        Department, including (where appropriate) the          mates of the expenditures and appropriations
Senate, not later than 15 days after the end of      Complex.                                               necessary for the operation of the Office of the
the month covered by the report.                        (C) The plan shall include an implementation        Chief Financial Officer for the year. All such es-
DEVELOPMENT OF PLANS REGARDING DISTRICT OF           schedule specifying timetables for the comple-         timates shall be forwarded by the Mayor to the
         COLUMBIA CORRECTIONS                        tion of all significant activities, including site     Council of the District of Columbia for its action
                                                     selection for new facilities, design, financing,       pursuant to sections 446 and 603(c) of such Act,
 SEC. 151. (a) PLAN FOR SHORT-TERM IMPROVE-
                                                     construction, recruitment and hiring of person-        without revision but subject to recommenda-
MENTS.—
                                                     nel, training, adoption of new policies and pro-       tions. Notwithstanding any other provisions of
 (1) IN GENERAL.—Not later than July 1, 1996,
                                                     cedures, and the establishment of essential ad-        such Act, the Council may comment or make
the National Institute of Corrections (acting for
                                                     ministrative organizational structures to carry        recommendations concerning such estimates, but
and on behalf of the District of Columbia) shall
                                                     out the plan.                                          shall have no authority to revise such estimates.
enter into an agreement with a private contrac-
tor to develop a plan for short-term improve-           (D) In determining the bed capacity required        TECHNICAL CORRECTIONS TO FINANCIAL RESPON-
ments in the administration of the District of       for the Department through 2002, the plan shall            SIBILITY AND MANAGEMENT ASSISTANCE ACT
Columbia Department of Corrections (hereafter        use the population projections developed under            SEC. 153. (a) REQUIRING GSA TO PROVIDE
referred to as the ‘‘Department’’) and the ad-       the plan under subsection (a).                         SUPPORT SERVICES.—Section 103(f) of the Dis-
ministration and physical plant of the Lorton           (E) The plan shall identify any Federal or          trict of Columbia Financial Responsibility and
Correctional Complex (hereafter referred to as       District legislation which is required to be en-       Management Assistance Act of 1995 is amended
the ‘‘Complex’’) which may be initiated during a     acted, and any District regulations, policies, or      by striking ‘‘may provide’’ and inserting ‘‘shall
period not to exceed 5 months.                       procedures which are required to be adopted, in        promptly provide’’.
  (2) CONTENTS OF PLAN.—The plan developed           order for the plan to take effect.                        (b) AVAILABILITY OF CERTAIN FEDERAL BENE-
under paragraph (1) shall address the following         (F) The plan shall take into account any            FITS FOR INDIVIDUALS WHO BECOME EMPLOYED
issues:                                              court orders and consent decrees in effect with        BY THE AUTHORITY.—
  (A) The reorganization of the central office of    respect to the Department and shall describe              (1) FORMER FEDERAL EMPLOYEES.—Subsection
the Department, including the consolidation of       how the plan will enable the District to comply        (e) of section 102 of such Act is amended to read
units and the redeployment of personnel.             with such orders and decrees.                          as follows:
  (B) The establishment of a centralized inmate         (G) The plan shall include estimates of the op-        ‘‘(e) PRESERVATION OF RETIREMENT AND CER-
classification unit.                                 erating and capital expenses for the Department        TAIN OTHER RIGHTS OF FEDERAL EMPLOYEES
  (C) The implementation of a revised classifica-    for each year of the plan’s transition period, to-     WHO BECOME EMPLOYED BY THE AUTHORITY.—
                                                     gether with the primary assumptions underlying            ‘‘(1) IN GENERAL.—Any Federal employee who
tion system for sentenced inmates.
                                                     such estimates.                                        becomes employed by the Authority—
  (D) The development of a projection for the
                                                        (H) The plan shall require the Mayor of the            ‘‘(A) may elect, for the purposes set forth in
number of inmates under the authority of the
                                                     District of Columbia to submit a semi-annual re-       paragraph (2)(A), to be treated, for so long as
Department over a 10-year period.
                                                     port to the President, Congress, and the District      that individual remains continuously employed
  (E) The improvement of Department security
                                                     of Columbia Financial Responsibility and Man-          by the Authority, as if such individual had not
operations.
                                                     agement Assistance Authority describing the ac-        separated from service with the Federal Govern-
  (F) Capital improvements.
                                                     tions taken by the District under the plan, and        ment, subject to paragraph (3); and
  (G) The preparation of a methodology for de-                                                                 ‘‘(B) shall, if such employee subsequently be-
                                                     in addition shall require the Mayor to regularly
veloping and assessing options for the long-term                                                            comes reemployed by the Federal Government,
                                                     report to the President, Congress, and the Dis-
status of the Complex and the Department (con-                                                              be entitled to have such individual’s service
                                                     trict of Columbia Financial Responsibility and
sistent with the requirements for the develop-                                                              with the Authority treated, for purposes of de-
                                                     Management Assistance Authority on all meas-
ment of plans under subsection (b)).                                                                        termining the appropriate leave accrual rate, as
                                                     ures taken under the plan as soon as such meas-
  (H) Other appropriate miscellaneous issues.                                                               if it had been service with the Federal Govern-
                                                     ures are taken.
  (3) SUBMISSION OF PLAN.—Upon completing                                                                   ment.
                                                        (I) For each year for which the plan is in ef-
the plan under paragraph (1) (but in no event                                                                  ‘‘(2) EFFECT OF AN ELECTION.—An election
                                                     fect, the plan shall be consistent with the finan-
later than September 30, 1996), the National In-                                                            made by an individual under the provisions of
                                                     cial plan and budget for the District of Colum-
stitute of Corrections shall submit the plan to                                                             paragraph (1)(A)—
                                                     bia for the year under subtitle A of title II of the
the Mayor of the District of Columbia, the Presi-                                                              ‘‘(A) shall qualify such individual for the
                                                     District of Columbia Financial Responsibility
dent, Congress, and the District of Columbia Fi-                                                            treatment described in such provisions for pur-
                                                     and Management Assistance Act of 1995.
nancial Responsibility and Management Assist-                                                               poses of—
                                                        (3) SUBMISSION OF PLAN.—Upon completing
ance Authority.                                                                                                ‘‘(i) chapter 83 or 84 of title 5, United States
                                                     the development of the alternative plans under
  (b) OPTIONAL PLANS FOR LONG-TERM TREAT-                                                                   Code, as appropriate (relating to retirement), in-
                                                     paragraph (1) (but in no event later than De-
MENT OF COMPLEX.—                                                                                           cluding the Thrift Savings Plan;
                                                     cember 31, 1996), the National Institute of Cor-
  (1) IN GENERAL.—Not later than July 1, 1996,                                                                 ‘‘(ii) chapter 87 of such title (relating to life
                                                     rections shall submit the plan to the Mayor of
the National Institute of Corrections (acting for                                                           insurance); and
                                                     the District of Columbia, the President, Con-
and on behalf of the District of Columbia) shall                                                               ‘‘(iii) chapter 89 of such title (relating to
                                                     gress, and the District of Columbia Financial
enter into an agreement with a private contrac-                                                             health insurance); and
                                                     Responsibility and Management Assistance Au-
tor to develop a series of alternative plans re-                                                               ‘‘(B) shall disqualify such individual, while
                                                     thority.
garding the long-term status of the Complex and                                                             such election remains in effect, from participat-
the future operations of the Department, includ-             CHIEF FINANCIAL OFFICER POWERS                 ing in the programs offered by the government
ing the following:                                      SEC. 152. Notwithstanding any other provision       of the District of Columbia (if any) correspond-
  (A) A separate plan under which the Complex        of law, for the fiscal years ending September 30,      ing to the respective programs referred to in sub-
will be closed and inmates transferred to new        1996 and September 30, 1997—                           paragraph (A).
H3870                                          CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
  ‘‘(3) CONDITIONS FOR AN ELECTION TO BE EF-             (i) IN GENERAL.—Any former Federal employee        Wastewater Treatment Facility and related
FECTIVE.—An election made by an individual            employed by the Authority on the effective date       waste water treatment works; or
under paragraph (1)(A) shall be ineffective un-       of the regulations referred to in subparagraph          (C) appropriated or otherwise provided for the
less—                                                 (A)(i) may, within such period as may be pro-         operation and maintenance of the Blue Plains
   ‘‘(A) it is made before such individual sepa-      vided for under those regulations, make an elec-      Wastewater Treatment Facility and related
rates from service with the Federal Government;       tion similar, to the maximum extent practicable,      waste water treatment works.
and                                                   to the election provided for under section 102(e)       (2) USE OF FUNDS IN ACCOUNT.—Funds in the
   ‘‘(B) such individual’s service with the Au-       of the District of Columbia Financial Respon-         Operation and Maintenance Account shall be
thority commences within 3 days after so sepa-        sibility and Management Assistance Act of 1995,       used solely for funding the operation and main-
rating (not counting any holiday observed by          as amended by this subsection. Such regulations       tenance of the Blue Plains Wastewater Treat-
the government of the District of Columbia).          shall be prescribed jointly by the Office of Per-     ment Facility and related waste water treatment
   ‘‘(4) CONTRIBUTIONS.—If an individual makes        sonnel Management and each corresponding of-          works and may not be obligated or expended for
an election under paragraph (1)(A), the Author-       fice or agency of the government of the District      any other purpose, and may be used for related
ity shall, in accordance with applicable provi-       of Columbia (in the same manner as provided           debt service and capital costs if such funds are
sions of law referred to in paragraph (2)(A), be      for in section 102(f) of such Act, as so amended).    not attributable to user charges assessed for
responsible for making the same deductions from          (ii) EXCEPTION.—An election under this sub-        purposes of section 204(b)(1) of the Federal
pay and the same agency contributions as              paragraph may not be made by any individual           Water Pollution Control Act.
would be required if it were a Federal agency.        who—                                                    (b) EPA GRANT ACCOUNT.—
   ‘‘(5) REGULATIONS.—Any regulations nec-               (I) is not then participating in a retirement        (1) CONTENTS OF ACCOUNT.—There is hereby
                                                                                                            established within the Water and Sewer Enter-
essary to carry out this subsection shall be pre-     system for Federal employees (disregarding So-
                                                                                                            prise Fund and EPA Grant Account, consisting
scribed in consultation with the Authority by—        cial Security); or
   ‘‘(A) the Office of Personnel Management, to          (II) is then participating in any program of       of all funds paid to the District of Columbia on
                                                      the government of the District of Columbia re-        or after the date of the enactment of this Act
the extent that any program administered by the
                                                      ferred to in section 102(e)(2)(B) of such Act (as     which are—
office is involved;
                                                                                                              (A) attributable to grants from the Environ-
   ‘‘(B) the appropriate office or agency of the      so amended).
                                                                                                            mental Protection Agency for construction at
government of the District of Columbia, to the           (C) ELECTION FOR EMPLOYEES APPOINTED DUR-
                                                                                                            the Blue Plains Wastewater Treatment Facility
extent that any program administered by such          ING INTERIM PERIOD.—
                                                         (i) FROM THE FEDERAL GOVERNMENT.—Sub-              and related waste water treatment works; or
office or agency is involved; and                                                                             (B) appropriated or otherwise provided for
   ‘‘(C) the Executive Director referred to in sec-   section (e) of section 102 of the District of Co-
                                                                                                            construction at the Blue Plains Wastewater
tion 8474 of title 5, United States Code, to the      lumbia Financial Responsibility and Manage-
                                                                                                            Treatment Facility and related waste water
extent that the Thrift Savings Plan is in-            ment Assistance Act of 1995 (as last in effect be-
                                                                                                            treatment works.
volved.’’.                                            fore the date of enactment of this Act) shall be        (2) USE OF FUNDS IN ACCOUNT.—Funds in the
   (2) OTHER INDIVIDUALS.—Section 102 of such         deemed to have remained in effect for purposes        EPA Grant Account shall be used solely for the
Act is further amended by adding at the end the       of any Federal employee who becomes employed          purposes specified under the terms of the grants
following:                                            by the District of Columbia Financial Respon-         and appropriations involved, and may not be
   ‘‘(f) FEDERAL BENEFITS FOR OTHERS.—                sibility and Management Assistance Authority          obligated or expended for any other purpose.
   ‘‘(1) IN GENERAL.—The Office of Personnel          during the period beginning on such date of en-
                                                                                                                  POLICE AND FIRE FIGHTER DISABILITY
Management, in conjunction with each cor-             actment and ending on the day before the effec-
                                                                                                                               RETIREMENTS
responding office or agency of the government         tive date of the regulations prescribed to carry
of the District of Columbia and in consultation       out subparagraph (B).                                   SEC. 155. (a) Up to 50 police officers and up to
with the Authority, shall prescribe regulations          (ii) OTHER INDIVIDUALS.—The regulations pre-       50 Fire and Emergency Medical Services mem-
under which any individual who becomes em-            scribed to carry out subsection (f) of section 102    bers with less than 20 years of departmental
                                                      of the District of Columbia Financial Respon-         service who were hired before February 14, 1980,
ployed by the Authority (under circumstances
                                                      sibility and Management Assistance Act of 1995        and who retire on disability before the end of
other than as described in subsection (e)) may
                                                      (as amended by this subsection) shall include         calendar year 1996 shall be excluded from the
elect either—
                                                      provisions under which an election under such         computation of the rate of disability retirements
   ‘‘(A) to be deemed a Federal employee for pur-
                                                      subsection shall be available to any individual       under subsection 145(a) of the District of Colum-
poses of the programs referred to in subsection
                                                      who—                                                  bia Retirement Reform Act of 1979 (93 Stat. 882;
(e)(2)(A) (i)–(iii); or
   ‘‘(B) to participate in 1 or more of the cor-         (I) becomes employed by the District of Colum-     D.C. Code, sec. 1–725(a)), for purposes of reduc-
responding programs offered by the government         bia Financial Responsibility and Management           ing the authorized Federal payment to the Dis-
of the District of Columbia.                          Assistance Authority during the period begin-         trict of Columbia Police Officers and Fire Fight-
   ‘‘(2) EFFECT OF AN ELECTION.—An individual         ning on the date of enactment of this Act and         ers’ Retirement Fund pursuant to subsection
who elects the option under subparagraph (A)          ending on the day before the effective date of        145(c) of the District of Columbia Retirement Re-
or (B) of paragraph (1) shall be disqualified,        such regulations;                                     form Act of 1979.
                                                         (II) would have been eligible to make an elec-       (b) The Mayor, within 30 days after the enact-
while such election remains in effect, from par-
                                                      tion under such regulations had those regula-         ment of this provision, shall engage an enrolled
ticipating in any of the programs referred to in
                                                      tions been in effect when such individual be-         actuary, to be paid by the District of Columbia
the other such subparagraph.
   ‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE          came so employed; and                                 Retirement Board, and shall comply with the re-
OR AGENCY’.—For purposes of paragraph (1), the           (III) is not then participating in any program     quirements of section 142(d) and section 144(d)
term ‘corresponding office or agency of the gov-      of the government of the District of Columbia re-     of the District of Columbia Retirement Reform
ernment of the District of Columbia’ means,           ferred to in subsection (f)(1)(B) of such section     Act of 1979 (Public Law 96–122, approved No-
with respect to any program administered by the       102 (as so amended).                                  vember 17, 1979; D.C. Code, secs. 1–722(d) and 1–
Office of Personnel Management, the office or            (c) EXEMPTION FROM LIABILITY FOR CLAIMS            724(d)).
                                                      FOR AUTHORITY EMPLOYEES.—Section 104 of                 (c) This section shall not go into effect until
agency responsible for administering the cor-
                                                      such Act is amended—                                  15 days after the Mayor transmits the actuarial
responding program (if any) offered by the gov-
                                                         (1) by striking ‘‘the Authority and its mem-       report required by section 142(d) of the District
ernment of the District of Columbia.
                                                      bers’’ and inserting ‘‘the Authority, its members,    of Columbia Retirement Reform Act of 1979
   ‘‘(4) THRIFT SAVINGS PLAN.—To the extent
                                                      and its employees’’; and                              (Public Law 96–122, approved November 17,
that the Thrift Savings Plan is involved, the
                                                         (2) by striking ‘‘the District of Columbia’’ and   1979) to the D.C. Retirement Board, the Speaker
preceding provisions of this subsection shall be
                                                      inserting ‘‘the Authority or its members or em-       of the House of Representatives, and the Presi-
applied by substituting ‘the Executive Director
                                                      ployees or the District of Columbia’’.                dent pro tempore of the Senate.
referred to in section 8474 of title 5, United
States Code’ for ‘the Office of Personnel Man-           (d) PERMITTING REVIEW OF EMERGENCY LEGIS-                CONVEYANCE OF CERTAIN PROPERTY TO
                                                      LATION.—Section 203(a)(3) of such Act is amend-                   ARCHITECT OF THE CAPITOL
agement’.’’.
   (3) Effective date; additional election for        ed by striking subparagraph (C).                        SEC. 156. Pursuant to section 1(b)(2) of Public
former federal employees serving on date of en-         ESTABLISHMENT OF EXCLUSIVE ACCOUNTS FOR             Law 98–340 and in accordance with the agree-
actment; election for employees appointed dur-                      BLUE PLAINS ACTIVITIES                  ment entered into between the Architect of the
ing interim period.—                                     SEC. 154. (a) OPERATION AND MAINTENANCE            Capitol and the District of Columbia pursuant
   (A) EFFECTIVE DATE.—Not later than 6 months        ACCOUNT.—                                             to such Act (as executed on September 28, 1984),
after the date of enactment of this Act, there           (1) CONTENTS OF ACCOUNT.—There is hereby           not later than 30 days after the date of the en-
shall be prescribed in consultation with the Au-      established within the Water and Sewer Enter-         actment of this Act the District of Columbia
thority (and take effect)—                            prise Fund the Operation and Maintenance Ac-          shall convey without consideration by general
   (i) regulations to carry out the amendments        count, consisting of all funds paid to the Dis-       warranty deed to the Architect of the Capitol on
made by this subsection; and                          trict of Columbia on or after the date of the en-     behalf of the United States all right, title, and
   (ii) any other regulations necessary to carry      actment of this Act which are—                        interest of the District of Columbia in the real
out this subsection.                                     (A) attributable to waste water treatment user     property (including improvements and appur-
   (B) ADDITIONAL ELECTION FOR FORMER FED-            charges;                                              tenances thereon) within the area known as
ERAL EMPLOYEES SERVING ON DATE OF ENACT-                 (B) paid by users jurisdictions for the oper-      ‘‘D.C. Village’’ and described in Attachment A
MENT.—                                                ation and maintenance of the Blue Plains              of the agreement.
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                        H3871
  This title may be cited as the ‘‘District of Co-      (v) the District of Columbia Council; and             (B) The Public Charter School Board.
lumbia Appropriations Act, 1996’’.                      (vi) any other agency, public authority, or           (C) Any one entity designated as an eligible
    TITLE II—DISTRICT OF COLUMBIA                    public nonprofit corporation that has the au-         chartering authority by enactment of a bill by
              SCHOOL REFORM                          thority to receive moneys directly or indirectly      the District of Columbia Council after the date
                                                     from the District of Columbia (other than mon-        of the enactment of this Act.
SEC. 2001. SHORT TITLE.
                                                     eys received from the sale of goods, the provision       (18) FAMILY RESOURCE CENTER.—The term
  This title may be cited as the ‘‘District of Co-   of services, or the loaning of funds to the Dis-      ‘‘family resource center’’ means an information
lumbia School Reform Act of 1995’’.                  trict of Columbia).                                   desk—
SEC. 2002. DEFINITIONS.                                 (B) EXCEPTION.—The term ‘‘District of Colum-          (A) located in a District of Columbia public
   Except as otherwise provided, for purposes of     bia Government’’ neither includes the Authority       school or a public charter school serving a ma-
this title:                                          nor a public charter school.                          jority of students whose family income is not
   (1) APPROPRIATE CONGRESSIONAL COMMIT-                (11) DISTRICT OF COLUMBIA GOVERNMENT RE-           greater than 185 percent of the income official
TEES.—The term ‘‘appropriate congressional           TIREMENT SYSTEM.—The term ‘‘District of Co-           poverty line (as defined by the Office of Man-
committees’’ means—                                  lumbia Government retirement system’’ means           agement and Budget, and revised annually in
   (A) the Committee on Appropriations of the        the retirement programs authorized by the Dis-        accordance with section 673(2) of the Commu-
House of Representatives and the Committee on        trict of Columbia Council or the Congress for         nity Services Block Grant Act applicable to a
Appropriations of the Senate;                        employees of the District of Columbia Govern-         family of the size involved (42 U.S.C. 9902(3)));
   (B) the Committee on Economic and Edu-            ment.                                                 and
cational Opportunities of the House of Rep-             (12) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—             (B) which links students and families to local
resentatives and the Committee on Labor and             (A) IN GENERAL.—The term ‘‘District of Co-         resources and public and private entities in-
Human Resources of the Senate; and                   lumbia public school’’ means a public school in       volved in child care, adult education, health
   (C) the Committee on Government Reform and        the District of Columbia that offers classes—         and social services, tutoring, mentoring, and job
Oversight of the House of Representatives and           (i) at any of the grade levels from prekinder-     training.
the Committee on Governmental Affairs of the         garten through grade 12; or                              (19) INDIVIDUAL CAREER PATH.—The term ‘‘in-
Senate.                                                 (ii) leading to a secondary school diploma, or     dividual career path’’ means a program of study
   (2) AUTHORITY.—The term ‘‘Authority’’ means       its recognized equivalent.                            that provides a secondary school student the
the District of Columbia Financial Responsibil-         (B) EXCEPTION.—The term ‘‘District of Colum-       skills necessary to compete in the 21st century
ity and Management Assistance Authority es-          bia public school’’ does not include a public         workforce.
tablished under section 101(a) of the District of    charter school.                                          (20) LITERACY.—The term ‘‘literacy’’ means—
Columbia Financial Responsibility and Manage-           (13) DISTRICTWIDE ASSESSMENTS.—The term               (A) in the case of a minor student, such stu-
ment Assistance Act of 1995 (Public Law 104–8).      ‘‘districtwide assessments’’ means a variety of       dent’s ability to read, write, and speak in Eng-
   (3) AVERAGE DAILY ATTENDANCE.—The term            assessment tools and strategies (including indi-      lish, and compute and solve problems at levels of
‘‘average daily attendance’’ means the aggre-        vidual student assessments under subparagraph         proficiency necessary to function in society, to
gate attendance of students of the school during     (E)(ii)) administered by the Superintendent to        achieve such student’s goals, and develop such
the period divided by the number of days during      students enrolled in District of Columbia public      student’s knowledge and potential; and
the period in which—                                 schools and public charter schools that—                 (B) in the case of an adult, such adult’s abil-
   (A) the school is in session; and                    (A) are aligned with the District of Columbia’s    ity to read, write, and speak in English, and
   (B) the students of the school are under the      content standards and core curriculum;                compute and solve problems at levels of pro-
guidance and direction of teachers.                     (B) provide coherent information about stu-        ficiency necessary to function on the job and in
   (4) AVERAGE DAILY MEMBERSHIP.—The term            dent attainment of such standards;                    society, to achieve such adult’s goals, and de-
‘‘average daily membership’’ means the aggre-           (C) are used for purposes for which such as-       velop such adult’s knowledge and potential.
gate enrollment of students of the school during     sessments are valid, reliable, and unbiased, and         (21) LONG-TERM REFORM PLAN.—The term
the period divided by the number of days during      are consistent with relevant nationally recog-        ‘‘long-term reform plan’’ means the plan submit-
the period in which—                                 nized professional and technical standards for        ted by the Superintendent under section 2101.
   (A) the school is in session; and                 such assessments;                                        (22) MAYOR.—The term ‘‘Mayor’’ means the
   (B) the students of the school are under the         (D) involve multiple up-to-date measures of        Mayor of the District of Columbia.
guidance and direction of teachers.                  student performance, including measures that             (23) METROBUS AND METRORAIL TRANSIT SYS-
   (5) BOARD OF EDUCATION.—The term ‘‘Board          assess higher order thinking skills and under-        TEM.—The term ‘‘Metrobus and Metrorail Tran-
of Education’’ means the Board of Education of       standing; and                                         sit System’’ means the bus and rail systems ad-
the District of Columbia.                               (E) provide for—                                   ministered by the Washington Metropolitan
   (6) BOARD OF TRUSTEES.—The term ‘‘Board of           (i) the participation in such assessments of all   Area Transit Authority.
Trustees’’ means the governing board of a public     students;                                                (24) MINOR STUDENT.—The term ‘‘minor stu-
charter school, the members of which are se-            (ii) individual student assessments for stu-       dent’’ means an individual who—
lected pursuant to the charter granted to the        dents that fail to reach minimum acceptable lev-         (A) is enrolled in a District of Columbia public
school and in a manner consistent with this          els of performance;                                   school or a public charter school; and
                                                                                                              (B) is not beyond the age of compulsory school
title.                                                  (iii) the reasonable adaptations and accom-
                                                                                                           attendance, as prescribed in section 1 of article
   (7) CONSENSUS COMMISSION.—The term ‘‘Con-         modations for students with special needs (as
                                                                                                           I, and section 1 of article II, of the Act of Feb-
sensus Commission’’ means the Commission on          defined in paragraph (32)) necessary to measure
                                                                                                           ruary 4, 1925 (sections 31–401 and 31–402, D.C.
Consensus Reform in the District of Columbia         the achievement of such students relative to the
                                                                                                           Code).
public schools established under subtitle H.         District of Columbia’s content standards; and
                                                                                                              (25) NONRESIDENT STUDENT.—The term ‘‘non-
   (8) CORE CURRICULUM.—The term ‘‘core cur-            (iv) the inclusion of limited-English proficient
                                                                                                           resident student’’ means—
riculum’’ means the concepts, factual knowl-         students, who shall be assessed, to the extent           (A) an individual under the age of 18 who is
edge, and skills that students in the District of    practicable, in the language and form most like-      enrolled in a District of Columbia public school
Columbia should learn in kindergarten through        ly to yield accurate and reliable information re-     or a public charter school, and does not have a
grade 12 in academic content areas, including,       garding such students’ knowledge and abilities.       parent residing in the District of Columbia; or
at a minimum, English, mathematics, science,            (14) ELECTRONIC DATA TRANSFER SYSTEM.—                (B) an individual who is age 18 or older and
and history.                                         The term ‘‘electronic data transfer system’’          is enrolled in a District of Columbia public
   (9) DISTRICT OF COLUMBIA COUNCIL.—The term        means a computer-based process for the mainte-        school or public charter school, and does not re-
‘‘District of Columbia Council’’ means the           nance and transfer of student records designed        side in the District of Columbia.
Council of the District of Columbia established      to permit the transfer of individual student             (26) PARENT.—The term ‘‘parent’’ means a
pursuant to section 401 of the District of Colum-    records among District of Columbia public             person who has custody of a child, and who—
bia Self-Government and Governmental Reorga-         schools and public charter schools.                      (A) is a natural parent of the child;
nization Act (D.C. Code, sec. 1–221).                   (15) ELEMENTARY SCHOOL.—The term ‘‘elemen-            (B) is a stepparent of the child;
   (10) DISTRICT OF COLUMBIA GOVERNMENT.—            tary school’’ means an institutional day or resi-        (C) has adopted the child; or
   (A) IN GENERAL.—The term ‘‘District of Co-        dential school that provides elementary edu-             (D) is appointed as a guardian for the child
lumbia Government’’ means the government of          cation, as determined under District of Colum-        by a court of competent jurisdiction.
the District of Columbia, including—                 bia law.                                                 (27) PETITION.—The term ‘‘petition’’ means a
   (i) any department, agency, or instrumental-         (16) ELIGIBLE APPLICANT.—The term ‘‘eligible       written application.
ity of the government of the District of Colum-      applicant’’ means a person, including a private,         (28) PROMOTION GATE.—The term ‘‘promotion
bia;                                                 public, or quasi-public entity, or an institution     gate’’ means the criteria, developed by the Su-
   (ii) any independent agency of the District of    of higher education (as defined in section            perintendent and approved by the Board of
Columbia established under part F of title IV of     1201(a) of the Higher Education Act of 1965 (20       Education, that are used to determine student
the District of Columbia Self-Government and         U.S.C. 1141(a))), that seeks to establish a public    promotion at different grade levels. Such criteria
Governmental Reorganization Act;                     charter school in the District of Columbia.           shall include student achievement on district-
   (iii) any other agency, board, or commission         (17) ELIGIBLE CHARTERING AUTHORITY.—The            wide assessments established under subtitle C.
established by the Mayor or the District of Co-      term ‘‘eligible chartering authority’’ means any         (29) PUBLIC CHARTER SCHOOL.—The term
lumbia Council;                                      of the following:                                     ‘‘public charter school’’ means a publicly fund-
   (iv) the courts of the District of Columbia;         (A) The Board of Education.                        ed school in the District of Columbia that—
H3872                                          CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
   (A) is established pursuant to subtitle B; and        (C) The improvement of the health and safety         (V) The implementation of the discipline pol-
   (B) except as provided under sections              of students in District of Columbia public           icy for the District of Columbia public schools in
2212(d)(5) and 2213(c)(5) is not a part of the Dis-   schools.                                             order to ensure a safe, disciplined environment
trict of Columbia public schools.                        (D) Local school governance, decentralization,    conducive to learning.
   (30) PUBLIC CHARTER SCHOOL BOARD.—The              autonomy, and parental choice among District            (2) OTHER INFORMATION.—For each of the
term ‘‘Public Charter School Board’’ means the        of Columbia public schools.                          items described in subparagraphs (A) through
Public Charter School Board established under            (E) The implementation of a comprehensive         (V) of paragraph (1), the long-term reform plan
section 2214.                                         and effective adult education and literacy pro-      shall include—
   (31) SECONDARY SCHOOL.—The term ‘‘second-          gram.                                                   (A) a statement of measurable, objective per-
ary school’’ means an institutional day or resi-         (F) The identification, beginning in grade 3,     formance goals;
dential school that provides secondary edu-           of each student who does not meet minimum               (B) a description of the measures of perform-
cation, as determined by District of Columbia         standards of academic achievement in reading,        ance to be used in determining whether the Su-
law, except that such term does not include any       writing, and mathematics in order to ensure          perintendent and Board of Education have met
education beyond grade 12.                            that such student meets such standards prior to      the goals;
   (32) STUDENT WITH SPECIAL NEEDS.—The term          grade promotion.                                        (C) dates by which the goals shall be met;
‘‘student with special needs’’ means a student           (G) The achievement of literacy, and the pos-        (D) plans for monitoring and reporting
who is a child with a disability as provided in       session of the knowledge and skills necessary to     progress to District of Columbia residents, the
section 602(a)(1) of the Individuals with Disabil-    think critically, communicate effectively, and       Mayor, the District of Columbia Council, the
ities Education Act (20 U.S.C. 1401(a)(1)) or a       perform competently on districtwide assess-          Authority, the Consensus Commission, and the
student who is an individual with a disability as     ments, by students attending District of Colum-      appropriate congressional committees regarding
provided in section 7(8) of the Rehabilitation        bia public schools prior to such student’s com-      the carrying out of the long-term reform plan;
Act of 1973 (29 U.S.C. 706(8)).                       pletion of grade 8.                                  and
   (33) SUPERINTENDENT.—The term ‘‘Super-                (H) The establishment of after-school pro-           (E) the title of the management employee of
intendent’’ means the Superintendent of the           grams that promote self-confidence, self-dis-        the District of Columbia public schools most di-
District of Columbia public schools.                  cipline, self-respect, good citizenship, and re-     rectly responsible for the achievement of each
   (34) TEACHER.—The term ‘‘teacher’’ means           spect for leaders, through such activities as arts   goal and, with respect to each such employee,
any person employed as a teacher by the Board         classes, physical fitness programs, and commu-       the title of the employee’s immediate supervisor
of Education or by a public charter school.           nity service.                                        or superior.
SEC. 2003. GENERAL EFFECTIVE DATE.
                                                         (I) Steps necessary to establish an electronic       (c) AMENDMENTS.—The Superintendent, with
                                                      data transfer system.                                the approval of the Board of Education, shall
   Except as otherwise provided in this title, this      (J) Encourage parental involvement in all
title shall be effective during the period begin-                                                          submit any amendment to the long-term reform
                                                      school activities, particularly parent teacher       plan to the Mayor, the District of Columbia
ning on the date of enactment of this Act and         conferences.
ending 5 years after such date.                                                                            Council, the Authority, the Consensus Commis-
                                                         (K)     Development     and     implementation,   sion, and the appropriate congressional commit-
Subtitle A—District of Columbia Reform Plan           through the Board of Education and the Super-        tees. Any amendment to the long-term reform
SEC. 2101. LONG-TERM REFORM PLAN.                     intendent, of a uniform dress code for the Dis-      plan shall be consistent with the financial plan
  (a) IN GENERAL.—                                    trict of Columbia public schools, that—              and budget for fiscal year 1996, and each finan-
  (1) PLAN.—The Superintendent, with the ap-             (i) shall include a prohibition of gang member-   cial plan and budget for a subsequent fiscal
proval of the Board of Education, shall submit        ship symbols;                                        year, as the case may be, for the District of Co-
to the Mayor, the District of Columbia Council,          (ii) shall take into account the relative costs   lumbia required under section 201 of the District
the Authority, the Consensus Commission, and          of any such code for each student; and               of Columbia Financial Responsibility and Man-
                                                         (iii) may include a requirement that students
the appropriate congressional committees, a                                                                agement Assistance Act of 1995.
                                                      wear uniforms.
long-term reform plan, not later than 90 days            (L) The establishment of classes, beginning       SEC. 2102. SUPERINTENDENT’S REPORT ON RE-
after the date of enactment of this Act, and          not later than grade 3, to teach students how to
                                                                                                                       FORMS.
each February 15 thereafter. The long-term re-        use computers effectively.                             Not later than December 1, 1996, the Super-
form plan shall be consistent with the financial         (M) The development of community schools          intendent shall submit to the appropriate con-
plan and budget for the District of Columbia for      that enable District of Columbia public schools      gressional committees, the Board of Education,
fiscal year 1996, and each financial plan and         to collaborate with other public and nonprofit       the Mayor, the Consensus Commission, and the
budget for a subsequent fiscal year, as the case      agencies and organizations, local businesses,        District of Columbia Council a report regarding
may be, required under section 201 of the Dis-        recreational, cultural, and other community and      the progress of the District of Columbia public
trict of Columbia Financial Responsibility and        human service entities, for the purpose of meet-     schools toward achieving the goals of the long-
Management Assistance Act of 1995.                    ing the needs and expanding the opportunities        term reform plan.
   (2) CONSULTATION.—                                 available to residents of the communities served     SEC. 2103. DISTRICT OF COLUMBIA COUNCIL RE-
   (A) IN GENERAL.—In developing the long-term        by such schools.                                                 PORT.
reform plan, the Superintendent—                         (N) The establishment of programs which pro-        Not later than April 1, 1997, the Chairperson
   (i) shall consult with the Board of Education,     vide counseling, mentoring (especially peer          of the District of Columbia Council shall submit
the Mayor, the District of Columbia Council, the      mentoring), academic support, outreach, and          to the appropriate congressional committees a
Authority, and the Consensus Commission; and          supportive services to elementary, middle, and       report describing legislative and other actions
   (ii) shall afford the public, interested organi-   secondary school students who are at risk of         the District of Columbia Council has taken or
zations, and groups an opportunity to present         dropping out of school.                              will take to facilitate the implementation of the
their views and make recommendations regard-             (O) The establishment of a comprehensive re-      goals of the long-term reform plan.
ing the long-term reform plan.                        medial education program to assist students who            Subtitle B—Public Charter Schools
   (B) SUMMARY OF RECOMMENDATIONS.—The                do not meet basic literacy standards, or the cri-    SEC. 2201. PROCESS FOR FILING CHARTER PETI-
Superintendent shall include in the long-term         teria of promotion gates established in section                  TIONS.
plan a summary of the recommendations made            2321.                                                  (a) EXISTING PUBLIC SCHOOL.—An eligible ap-
under subparagraph (A)(ii) and the response of           (P) The establishment of leadership develop-      plicant seeking to convert a District of Columbia
the Superintendent to the recommendations.            ment projects for middle school principals,          public school into a public charter school—
   (b) CONTENTS.—                                     which projects shall increase student learning          (1) shall prepare a petition to establish a pub-
   (1) AREAS TO BE ADDRESSED.—The long-term           and achievement and strengthen such principals       lic charter school that meets the requirements of
reform plan shall describe how the District of        as instructional school leaders.                     section 2202;
Columbia public schools will become a world-             (Q) The implementation of a policy for per-          (2) shall provide a copy of the petition to—
class education system that prepares students         formance-based evaluation of principals and             (A) the parents of minor students attending
for lifetime learning in the 21st century and         teachers, after consultation with the Super-         the existing school;
which is on a par with the best education sys-        intendent and unions (including unions that             (B) adult students attending the existing
tems of other cities, States, and nations. The        represent teachers and unions that represent         school; and
long-term reform plan shall include a descrip-        principals).                                            (C) employees of the existing school; and
tion of how the District of Columbia public              (R) The implementation of policies that re-          (3) shall file the petition with an eligible char-
schools will accomplish the following:                quire competitive appointments for all District of   tering authority for approval after the peti-
   (A) Achievement at nationally and inter-           Columbia public school positions.                    tion—
nationally competitive levels by students attend-        (S) The implementation of policies regarding         (A) is signed by two-thirds of the sum of—
ing District of Columbia public schools.              alternative teacher certification requirements.         (i) the total number of parents of minor stu-
   (B) The preparation of students for the               (T) The implementation of testing require-        dents attending the school; and
workforce, including—                                 ments for teacher licensing renewal.                    (ii) the total number of adult students attend-
   (i) providing special emphasis for students           (U) A review of the District of Columbia pub-     ing the school; and
planning to obtain a postsecondary education;         lic school central office budget and staffing re-       (B) is endorsed by at least two-thirds of full-
and                                                   ductions for each fiscal year compared to the        time teachers employed in the school.
   (ii) the development of individual career          level of such budget and reductions at the end          (b) PRIVATE OR INDEPENDENT SCHOOL.—An el-
paths.                                                of fiscal year 1995.                                 igible applicant seeking to convert an existing
April 25, 1996                                   CONGRESSIONAL RECORD — HOUSE                                                                        H3873
private or independent school in the District of        provements, purchases of real property, or in-          (b) PUBLIC HEARING.—Not later than 45 days
Columbia into a public charter school—                  surance; and                                         after a petition to establish a public charter
   (1) shall prepare a petition to establish a pub-       (D) a timetable for commencing operations as       school is filed with an eligible chartering au-
lic charter school that is approved by the Board        a public charter school.                             thority, the eligible chartering authority shall
of Trustees or authority responsible for the              (7) A description of the proposed rules and        hold a public hearing on the petition to gather
school and that meets the requirements of sec-          policies for governance and operation of the         the information that is necessary for the eligible
tion 2202;                                              proposed school.                                     chartering authority to make the decision to ap-
   (2) shall provide a copy of the petition to—           (8) Copies of the proposed articles of incorpo-    prove or deny the petition.
   (A) the parents of minor students attending          ration and bylaws of the proposed school.               (c) NOTICE.—Not later than 10 days prior to
the existing school;                                      (9) The names and addresses of the members         the scheduled date of a public hearing on a peti-
   (B) adult students attending the existing            of the proposed Board of Trustees and the pro-       tion to establish a public charter school,
school; and                                             cedures for selecting trustees.                      an eligible chartering authority—
   (C) employees of the existing school; and              (10) A description of the student enrollment,         (1) shall publish a notice of the hearing in the
   (3) shall file the petition with an eligible char-   admission, suspension, expulsion, and other dis-     District of Columbia Register and newspapers of
tering authority for approval after the peti-           ciplinary policies and procedures of the pro-        general circulation; and
tion—                                                   posed school, and the criteria for making deci-
                                                                                                                (2) shall send a written notification of the
   (A) is signed by two-thirds of the sum of—           sions in such areas.
                                                                                                             hearing date to the eligible applicant who filed
                                                          (11) A description of the procedures the pro-
   (i) the total number of parents of minor stu-                                                             the petition.
                                                        posed school plans to follow to ensure the
dents attending the school; and                                                                                 (d) APPROVAL.—Subject to subsection (i), an
                                                        health and safety of students, employees, and
   (ii) the total number of adult students attend-                                                           eligible chartering authority may approve a pe-
                                                        guests of the school and to comply with applica-
ing the school; and                                                                                          tition to establish a public charter school, if—
                                                        ble health and safety laws, and all applicable
   (B) is endorsed by at least two-thirds of full-                                                              (1) the eligible chartering authority deter-
                                                        civil rights statutes and regulations of the Fed-
time teachers employed in the school.                                                                        mines that the petition satisfies the requirements
                                                        eral Government and the District of Columbia.
   (c) NEW SCHOOL.—An eligible applicant seek-                                                               of this subtitle;
                                                          (12) An explanation of the qualifications that
ing to establish in the District of Columbia a                                                                  (2) the eligible applicant who filed the petition
                                                        will be required of employees of the proposed
public charter school, but not seeking to convert                                                            agrees to satisfy any condition or requirement,
                                                        school.
a District of Columbia public school or a private         (13) An identification, and a description, of      consistent with this subtitle and other applica-
or independent school into a public charter             the individuals and entities submitting the peti-    ble law, that is set forth in writing by the eligi-
school, shall file with an eligible chartering au-      tion, including their names and addresses, and       ble chartering authority as an amendment to
thority for approval a petition to establish a          the names of the organizations or corporations       the petition; and
public charter school that meets the require-           of which such individuals are directors or offi-        (3) the eligible chartering authority deter-
ments of section 2202.                                  cers.                                                mines that the public charter school has the
SEC. 2202. CONTENTS OF PETITION.                          (14) A description of how parents, teachers,       ability to meet the educational objectives out-
   A petition under section 2201 to establish a         and other members of the community have been         lined in the petition.
public charter school shall include the follow-         involved in the design and will continue to be          (e) TIMETABLE.—An eligible chartering au-
ing:                                                    involved in the implementation of the proposed       thority shall approve or deny a petition to es-
   (1) A statement defining the mission and goals       school.                                              tablish a public charter school not later than 45
of the proposed school and the manner in which            (15) A description of how parents and teachers     days after the conclusion of the public hearing
the school will conduct any districtwide assess-        will be provided an orientation and other train-     on the petition.
ments.                                                  ing to ensure their effective participation in the      (f) EXTENSION.—An eligible chartering author-
   (2) A statement of the need for the proposed         operation of the public charter school.              ity and an eligible applicant may agree to ex-
school in the geographic area of the school site.         (16) An assurance the proposed school will         tend the 45-day time period referred to in sub-
   (3) A description of the proposed instructional      seek, obtain, and maintain accreditation from at     section (e) by a period that shall not exceed 30
goals and methods for the proposed school,              least one of the following:                          days.
which shall include, at a minimum—                        (A) The Middle States Association of Colleges         (g) DENIAL EXPLANATION.—If an eligible char-
   (A) the area of focus of the proposed school,        and Schools.                                         tering authority denies a petition or finds the
such as mathematics, science, or the arts, if the         (B) The Association of Independent Maryland        petition to be incomplete, the eligible chartering
school will have such a focus;                          Schools.                                             authority shall specify in writing the reasons
   (B) the methods that will be used, including           (C) The Southern Association of Colleges and       for its decision and indicate, when the eligible
classroom technology, to provide students with          Schools.                                             chartering authority determines appropriate,
the knowledge, proficiency, and skills needed—            (D) The Virginia Association of Independent        how the eligible applicant who filed the petition
   (i) to become nationally and internationally         Schools.                                             may revise the petition to satisfy the require-
                                                          (E) American Montessori Internationale.            ments for approval.
competitive students and educated individuals
                                                          (F) The American Montessori Society.
in the 21st century; and                                                                                        (h) APPROVED PETITION.—
                                                          (G) The National Academy of Early Childhood
   (ii) to perform competitively on any district-                                                               (1) NOTICE.—Not later than 10 days after an
                                                        Programs.
wide assessments; and                                     (H) Any other accrediting body deemed appro-       eligible chartering authority approves a petition
   (C) the methods that will be used to improve         priate by the eligible chartering authority that     to establish a public charter school, the eligible
student self-motivation, classroom instruction,         granted the charter to the school.                   chartering authority shall provide a written no-
and learning for all students.                            (17) In the case that the proposed school’s        tice of the approval, including a copy of the ap-
   (4) A description of the scope and size of the       educational program includes preschool or pre-       proved petition and any conditions or require-
proposed school’s program that will enable stu-         kindergarten, an assurance the proposed school       ments agreed to under subsection (d)(2), to the
dents to successfully achieve the goals estab-          will be licensed as a child development center by    eligible applicant and to the Chief Financial Of-
lished by the school, including the grade levels        the District of Columbia Government not later        ficer of the District of Columbia. The eligible
to be served by the school and the projected and        than the first date on which such program com-       chartering authority shall publish a notice of
maximum enrollment of each grade level.                 mences.                                              the approval of the petition in the District of
   (5) A description of the plan for evaluating           (18) An explanation of the relationship that       Columbia Register and newspapers of general
student academic achievement at the proposed            will exist between the public charter school and     circulation.
school and the procedures for remedial action           the school’s employees.                                 (2) CHARTER.—The provisions described in
that will be used by the school when the aca-             (19) A statement of whether the proposed           paragraphs (1), (7), (8), (11), (16), (17), and (18)
demic achievement of a student falls below the          school elects to be treated as a local educational   of section 2202 of a petition to establish a public
expectations of the school.                             agency or a District of Columbia public school       charter school that are approved by an eligible
   (6) An operating budget for the first 2 years of     for purposes of part B of the Individuals With       chartering authority, together with any amend-
the proposed school that is based on anticipated        Disabilities Education Act (20 U.S.C. 1411 et        ments to such provisions in the petition contain-
enrollment and contains—                                seq.) and section 504 of the Rehabilitation Act of   ing conditions or requirements agreed to by the
   (A) a description of the method for conducting       1973 (20 U.S.C. 794), and notwithstanding any        eligible applicant under subsection (d)(2), shall
annual audits of the financial, administrative,         other provision of law the eligible chartering au-   be considered a charter granted to the school by
and programmatic operations of the school;              thority shall not have the authority to approve      the eligible chartering authority.
   (B) either—                                          or disapprove such election.                            (i) NUMBER OF PETITIONS.—
   (i) an identification of the site where the          SEC. 2203. PROCESS FOR APPROVING OR DENY-               (1) FIRST YEAR.—For academic year 1996–1997,
school will be located, including a description of                  ING PUBLIC CHARTER SCHOOL PETI-          not more than 10 petitions to establish public
any buildings on the site and any buildings pro-                    TIONS.                                   charter schools may be approved under this sub-
posed to be constructed on the site; or                   (a) SCHEDULE.—An eligible chartering author-       title.
   (ii) a timetable by which such an identifica-        ity shall establish a schedule for receiving peti-      (2) SUBSEQUENT YEARS.—For academic year
tion will be made;                                      tions to establish a public charter school and       1997–1998 and each academic year thereafter
   (C) a description of any major contracts             shall publish any such schedule in the District      each eligible chartering authority shall not ap-
planned, with a value equal to or exceeding             of Columbia Register and newspapers of general       prove more than 5 petitions to establish a public
$10,000, for equipment and services, leases, im-        circulation.                                         charter school under this subtitle.
H3874                                          CONGRESSIONAL RECORD — HOUSE                                                               April 25, 1996
   (j) EXCLUSIVE AUTHORITY OF THE ELIGIBLE               (3) CONTROL.—A public charter school—               rollment data necessary for the Board of Edu-
CHARTERING AUTHORITY.—No governmental en-                (A) shall exercise exclusive control over its ex-   cation to comply with section 3 of article II of
tity, elected official, or employee of the District   penditures, administration, personnel, and in-         the Act of February 4, 1925 (D.C. Code, sec. 31–
of Columbia shall make, participate in making,        structional methods, within the limitations im-        404) (relating to census of minors).
or intervene in the making of, the decision to        posed in this subtitle; and                               (13) COMPLAINT RESOLUTION PROCESS.—A pub-
approve or deny a petition to establish a public         (B) shall be exempt from District of Columbia       lic charter school shall establish an informal
charter school, except for officers or employees      statutes, policies, rules, and regulations estab-      complaint resolution process.
of the eligible chartering authority with which       lished for the District of Columbia public schools        (14) PROGRAM OF EDUCATION.—A public char-
the petition is filed.                                by the Superintendent, Board of Education,             ter school shall provide a program of education
SEC. 2204. DUTIES, POWERS, AND OTHER RE-              Mayor, District of Columbia Council, or Author-        which shall include one or more of the follow-
           QUIREMENTS, OF PUBLIC CHARTER              ity, except as otherwise provided in the school’s      ing:
           SCHOOLS.                                   charter or this subtitle.                                 (A) Preschool.
  (a) DUTIES.—A public charter school shall              (4) HEALTH AND SAFETY.—A public charter                (B) Prekindergarten.
comply with all of the terms and provisions of        school shall maintain the health and safety of            (C) Any grade or grades from kindergarten
its charter.                                          all students attending such school.                    through grade 12.
   (b) POWERS.—A public charter school shall             (5) CIVIL RIGHTS AND IDEA.—The Age Discrimi-           (D) Residential education.
have the following powers:                            nation Act of 1975 (42 U.S.C. 6101 et seq.), title        (E) Adult, community, continuing, and voca-
   (1) To adopt a name and corporate seal, but        VI of the Civil Rights Act of 1964 (42 U.S.C.          tional education programs.
only if the name selected includes the words          2000d et seq.), title IX of the Education Amend-          (15) NONSECTARIAN NATURE OF SCHOOLS.—A
‘‘public charter school’’.                            ments of 1972 (20 U.S.C. 1681 et seq.), section 504    public charter school shall be nonsectarian and
   (2) To acquire real property for use as the        of the Rehabilitation Act of 1973 (29 U.S.C. 794),     shall not be affiliated with a sectarian school or
public charter school’s facilities, from public or    part B of the Individuals with Disabilities Edu-       religious institution.
private sources.                                      cation Act (20 U.S.C. 1411 et seq.), and the              (16) NONPROFIT STATUS OF SCHOOL.—A public
   (3) To receive and disburse funds for public       Americans with Disabilities Act of 1990 (42            charter school shall be organized under the Dis-
charter school purposes.                              U.S.C. 12101 et seq.), shall apply to a public         trict of Columbia Nonprofit Corporation Act
   (4) Subject to subsection (c)(1), to secure ap-    charter school.                                        (D.C. Code, sec. 29–501 et seq.).
propriate insurance and to make contracts and            (6) GOVERNANCE.—A public charter school                (17) IMMUNITY FROM CIVIL LIABILITY.—
leases, including agreements to procure or pur-       shall be governed by a Board of Trustees in a             (A) IN GENERAL.—A public charter school, and
chase services, equipment, and supplies.              manner consistent with the charter granted to          its incorporators, Board of Trustees, officers,
   (5) To incur debt in reasonable anticipation of    the school and the provisions of this subtitle.        employees, and volunteers, shall be immune
the receipt of funds from the general fund of the        (7) OTHER STAFF.—No employee of the District        from civil liability, both personally and profes-
District of Columbia or the receipt of Federal or     of Columbia public schools may be required to          sionally, for any act or omission within the
private funds.                                        accept employment with, or be assigned to, a           scope of their official duties unless the act or
   (6) To solicit and accept any grants or gifts      public charter school.                                 omission—
for public charter school purposes, if the public        (8) OTHER STUDENTS.—No student enrolled in             (i) constitutes gross negligence;
charter school—                                       a District of Columbia public school may be re-           (ii) constitutes an intentional tort; or
   (A) does not accept any grants or gifts subject    quired to attend a public charter school.                 (iii) is criminal in nature.
to any condition contrary to law or contrary to          (9) TAXES OR BONDS.—A public charter school            (B) COMMON LAW IMMUNITY PRESERVED.—Sub-
its charter; and                                      shall not levy taxes or issue bonds.                   paragraph (A) shall not be construed to abro-
   (B) maintains for financial reporting purposes        (10) CHARTER REVISION.—A public charter             gate any immunity under common law of a per-
separate accounts for grants or gifts.                school seeking to revise its charter shall prepare     son described in such subparagraph.
   (7) To be responsible for the public charter       a petition for approval of the revision and file
                                                                                                             SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC
school’s operation, including preparation of a        the petition with the eligible chartering author-                  CHARTER SCHOOL.
budget and personnel matters.                         ity that granted the charter. The provisions of
   (8) To sue and be sued in the public charter                                                                (a) BOARD OF TRUSTEES.—The members of a
                                                      section 2203 shall apply to such a petition in the
school’s own name.                                                                                           Board of Trustees of a public charter school
                                                      same manner as such provisions apply to a peti-
   (c) PROHIBITIONS AND OTHER REQUIRE-                                                                       shall be elected or selected pursuant to the char-
                                                      tion to establish a public charter school.
MENTS.—                                                                                                      ter granted to the school. Such Board of Trust-
                                                         (11) ANNUAL REPORT.—
   (1) CONTRACTING AUTHORITY.—                                                                               ees shall have an odd number of members that
                                                         (A) IN GENERAL.—A public charter school
   (A) NOTICE REQUIREMENT.—Except in the case                                                                does not exceed 7, of which—
                                                      shall submit an annual report to the eligible
of an emergency (as determined by the eligible                                                                  (1) a majority shall be residents of the District
                                                      chartering authority that approved its charter.
chartering authority of a public charter school),                                                            of Columbia; and
                                                      The school shall permit a member of the public
with respect to any contract proposed to be                                                                     (2) at least 2 shall be parents of a student at-
                                                      to review any such report upon request.
awarded by the public charter school and hav-                                                                tending the school.
                                                         (B) CONTENTS.—A report submitted under sub-
ing a value equal to or exceeding $10,000, the                                                                  (b) ELIGIBILITY.—An individual is eligible for
                                                      paragraph (A) shall include the following data:
school shall publish a notice of a request for           (i) A report on the extent to which the school      election or selection to the Board of Trustees of
proposals in the District of Columbia Register        is meeting its mission and goals as stated in the      a public charter school if the person—
and newspapers of general circulation not less        petition for the charter school.                          (1) is a teacher or staff member who is em-
than 30 days prior to the award of the contract.         (ii) Student performance on any districtwide        ployed at the school;
   (B) SUBMISSION TO THE AUTHORITY.—                  assessments.                                              (2) is a parent of a student attending the
   (i) DEADLINE FOR SUBMISSION.—With respect             (iii) Grade advancement for students enrolled       school; or
to any contract described in subparagraph (A)         in the public charter school.                             (3) meets the election or selection criteria set
that is awarded by a public charter school, the          (iv) Graduation rates, college admission test       forth in the charter granted to the school.
school shall submit to the Authority, not later       scores, and college admission rates, if applica-          (c) ELECTION OR SELECTION OF PARENTS.—In
than 3 days after the date on which the award         ble.                                                   the case of the first Board of Trustees of a pub-
is made, all bids for the contract received by the       (v) Types and amounts of parental involve-          lic charter school to be elected or selected after
school, the name of the contractor who is             ment.                                                  the date on which the school is granted a char-
awarded the contract, and the rationale for the          (vi) Official student enrollment.                   ter, the election or selection of the members
award of the contract.                                   (vii) Average daily attendance.                     under subsection (a)(2) shall occur on the earli-
   (ii) EFFECTIVE DATE OF CONTRACT.—                     (viii) Average daily membership.                    est practicable date after classes at the school
   (I) IN GENERAL.—Subject to subclause (II), a          (ix) A financial statement audited by an inde-      have commenced. Until such date, any other
contract described in subparagraph (A) shall be-      pendent certified public accountant in accord-         members who have been elected or selected shall
come effective on the date that is 15 days after      ance with Government auditing standards for fi-        serve as an interim Board of Trustees. Such an
the date the school makes the submission under        nancial audits issued by the Comptroller Gen-          interim Board of Trustees may exercise all of the
clause (i) with respect to the contract, or the ef-   eral of the United States.                             powers, and shall be subject to all of the duties,
fective date specified in the contract, whichever        (x) A report on school staff indicating the         of a Board of Trustees.
is later.                                             qualifications and responsibilities of such staff.        (d) FIDUCIARIES.—The Board of Trustees of a
   (II) EXCEPTION.—A contract described in sub-          (xi) A list of all donors and grantors that have    public charter school shall be fiduciaries of the
paragraph (A) shall be considered null and void       contributed monetary or in-kind donations hav-         school and shall set overall policy for the
if the Authority determines, within 12 days of        ing a value equal to or exceeding $500 during          school. The Board of Trustees may make final
the date the school makes the submission under        the year that is the subject of the report.            decisions on matters related to the operation of
clause (i) with respect to the contract, that the        (C) NONIDENTIFYING DATA.—Data described in          the school, consistent with the charter granted
contract endangers the economic viability of the      clauses (i) through (ix) of subparagraph (B)           to the school, this subtitle, and other applicable
public charter school.                                that are included in an annual report shall not        law.
   (2) TUITION.—A public charter school may not       identify the individuals to whom the data per-         SEC. 2206. STUDENT ADMISSION, ENROLLMENT,
charge tuition, fees, or other mandatory pay-         tain.                                                              AND WITHDRAWAL.
ments, except to nonresident students, or for            (12) CENSUS.—A public charter school shall            (a) OPEN ENROLLMENT.—Enrollment in a pub-
field trips or similar activities.                    provide to the Board of Education student en-          lic charter school shall be open to all students
April 25, 1996                                 CONGRESSIONAL RECORD — HOUSE                                                                       H3875
who are residents of the District of Columbia           (2) AUTHORITY TO ESTABLISH SEPARATE SYS-           tion is made and the denominator of which is
and, if space is available, to nonresident stu-       TEM.—A public charter school may establish a         the total number of students enrolled in such
dents who meet the tuition requirement in sub-        retirement system for employees under its au-        public charter school for such preceding year, is
section (e).                                          thority.                                             equal to or greater than the lowest fraction de-
  (b) CRITERIA FOR ADMISSION.—A public char-             (3) ELECTION OF RETIREMENT SYSTEM.—A              termined for any District of Columbia public
ter school may not limit enrollment on the basis      former employee of the District of Columbia pub-     school receiving assistance under such part A
of a student’s race, color, religion, national ori-   lic schools who becomes an employee of a public      where the numerator is the number of low-in-
gin, language spoken, intellectual or athletic        charter school within 60 days after the date the     come students enrolled in such public school for
ability, measures of achievement or aptitude, or      employee’s employment with the District of Co-       such preceding year and the denominator is the
status as a student with special needs. A public      lumbia public schools is terminated may, at the      total number of students enrolled in such public
charter school may limit enrollment to specific       time the employee commences employment with          school for such preceding year.
grade levels.                                         the public charter school, elect—                       (B) DEFINITION.—For the purposes of this sub-
  (c) RANDOM SELECTION.—If there are more ap-            (A) to remain in a District of Columbia Gov-      section, the term ‘‘low-income student’’ means a
plications to enroll in a public charter school       ernment retirement system and continue to re-        student from a low-income family determined
from students who are residents of the District       ceive creditable service for the period of their     according to the measure adopted by the District
of Columbia than there are spaces available,          employment at a public charter school; or            of Columbia to carry out the provisions of part
students shall be admitted using a random selec-         (B) to transfer into a retirement system estab-   A of title I of the Elementary and Secondary
tion process.                                         lished by the public charter school pursuant to      Education Act of 1965 that is consistent with the
  (d) ADMISSION TO AN EXISTING SCHOOL.—Dur-           paragraph (2).                                       measures described in section 1113(a)(5) of such
ing the 5-year period beginning on the date that         (4) PROHIBITED EMPLOYMENT CONDITIONS.—No          Act (20 U.S.C. 6313(a)(5)) for the fiscal year for
a petition, filed by an eligible applicant seeking    public charter school may require a former em-       which the determination is made.
to convert a District of Columbia public school       ployee of the District of Columbia public schools       (2) ALLOCATION FOR FISCAL YEARS 1996
or a private or independent school into a public      to transfer to the public charter school’s retire-   THROUGH 1998.—
charter school, is approved, the school may give      ment system as a condition of employment.               (A) PUBLIC CHARTER SCHOOLS.—For fiscal
priority in enrollment to—                               (5) CONTRIBUTIONS.—                               years 1996 through 1998, each public charter
  (1) students enrolled in the school at the time        (A) EMPLOYEES ELECTING NOT TO TRANSFER.—          school that is eligible to receive assistance under
the petition is granted;                              In the case of a former employee of the District     part A of title I of the Elementary and Second-
  (2) the siblings of students described in para-     of Columbia public schools who elects to remain      ary Education Act of 1965 shall receive a portion
graph (1); and                                        in a District of Columbia Government retirement      of the District of Columbia’s total allocation
  (3) in the case of the conversion of a District     system pursuant to paragraph (3)(A), the public      under such part which bears the same ratio to
of Columbia public school, students who reside        charter school that employs the person shall         such total allocation as the number described in
within the attendance boundaries, if any, in          make the same contribution to such system on         subparagraph (C) bears to the number described
which the school is located.                          behalf of the person as the District of Columbia     in subparagraph (D).
  (e) NONRESIDENT STUDENTS.—Nonresident stu-          would have been required to make if the person          (B) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—
dents shall pay tuition to attend a public char-      had continued to be an employee of the District      For fiscal years 1996 through 1998, the District
ter school at the applicable rate established for     of Columbia public schools.                          of Columbia public schools shall receive a por-
District of Columbia public schools administered         (B) EMPLOYEES ELECTING TO TRANSFER.—In            tion of the District of Columbia’s total alloca-
by the Board of Education for the type of pro-        the case of a former employee of the District of     tion under part A of title I of the Elementary
gram in which the student is enrolled.                Columbia public schools who elects to transfer       and Secondary Education Act of 1965 which
  (f) STUDENT WITHDRAWAL.—A student may               into a retirement system of a public charter         bears the same ratio to such total allocation as
withdraw from a public charter school at any          school pursuant to paragraph (3)(B), the appli-      the total of the numbers described in clauses (ii)
time and, if otherwise eligible, enroll in a Dis-     cable District of Columbia Government retire-        and (iii) of subparagraph (D) bears to the aggre-
trict of Columbia public school administered by       ment system from which the former employee is        gate total described in subparagraph (D).
the Board of Education.                               transferring shall compute the employee’s con-          (C) NUMBER OF ELIGIBLE STUDENTS ENROLLED
  (g) EXPULSION AND SUSPENSION.—The prin-             tribution to that system and transfer this           IN THE PUBLIC CHARTER SCHOOL.—The number
cipal of a public charter school may expel or         amount, to the retirement system of the public       described in this subparagraph is the number of
suspend a student from the school based on cri-       charter school.                                      low-income students enrolled in the public char-
teria set forth in the charter granted to the            (c) EMPLOYMENT STATUS.—Notwithstanding            ter school during the fiscal year preceding the
school.                                               any other provision of law and except as pro-        fiscal year for which the determination is made.
                                                      vided in this section, an employee of a public          (D) AGGREGATE NUMBER OF ELIGIBLE STU-
SEC. 2207. EMPLOYEES.
                                                      charter school shall not be considered to be an      DENTS.—The number described in this subpara-
  (a) EXTENDED LEAVE OF ABSENCE WITHOUT                                                                    graph is the aggregate total of the following
PAY.—                                                 employee of the District of Columbia Govern-
                                                      ment for any purpose.                                numbers:
  (1) LEAVE OF ABSENCE FROM DISTRICT OF CO-                                                                   (i) The number of low-income students who,
LUMBIA PUBLIC SCHOOLS.—The Superintendent             SEC. 2208. REDUCED FARES FOR PUBLIC TRANS-
                                                                  PORTATION.                               during the fiscal year preceding the fiscal year
shall grant, upon request, an extended leave of                                                            for which the determination is made, were en-
absence, without pay, to an employee of the              A student attending a public charter school
                                                      shall be eligible for reduced fares on the           rolled in a public charter school.
District of Columbia public schools for the pur-                                                              (ii) The number of low-income students who,
pose of permitting the employee to accept a posi-     Metrobus and Metrorail Transit System on the
                                                                                                           during the fiscal year preceding the fiscal year
tion at a public charter school for a 2-year term.    same terms and conditions as are applicable
                                                                                                           for which the determination is made, were en-
  (2) REQUEST FOR EXTENSION.—At the end of a          under section 2 of D.C. Law 2–152, effective
                                                                                                           rolled in a District of Columbia public school se-
2-year term referred to in paragraph (1), an em-      March 9, 1979 (D.C. Code, sec. 44–216 et seq.), to
                                                                                                           lected to provide services under part A of title I
ployee granted an extended leave of absence           a student attending a District of Columbia pub-
                                                                                                           of the Elementary and Secondary Education Act
without pay under such paragraph may submit           lic school.
                                                                                                           of 1965.
a request to the Superintendent for an extension      SEC.   2209.    DISTRICT OF COLUMBIA PUBLIC             (iii) The number of low-income students who,
of the leave of absence for an unlimited number                      SCHOOL SERVICES TO PUBLIC CHAR-
                                                                     TER SCHOOLS.
                                                                                                           during the fiscal year preceding the fiscal year
of 2-year terms. The Superintendent may not                                                                for which the determination is made—
unreasonably (as determined by the eligible             The Superintendent may provide services,              (I) were enrolled in a private or independent
chartering authority) withhold approval of the        such as facilities maintenance, to public charter    school; and
request.                                              schools. All compensation for costs of such serv-       (II) resided in an attendance area of a District
  (3) RIGHTS UPON TERMINATION OF LEAVE.—An            ices shall be subject to negotiation and mutual      of Columbia public school selected to provide
employee granted an extended leave of absence         agreement between a public charter school and        services under part A of title I of the Elementary
without pay for the purpose described in para-        the Superintendent.                                  and Secondary Education Act of 1965.
graph (1) or (2) shall have the same rights and       SEC. 2210. APPLICATION OF LAW.                          (3) ALLOCATION FOR FISCAL YEAR 1999 AND
benefits under law upon termination of such             (a) ELEMENTARY AND SECONDARY EDUCATION             THEREAFTER.—
leave of absence as an employee of the District       ACT OF 1965.—                                           (A) CALCULATION BY SECRETARY.—Notwith-
of Columbia public schools who is granted an            (1) TREATMENT AS LOCAL EDUCATIONAL AGEN-           standing sections 1124(a)(2), 1124A(a)(4), and
extended leave of absence without pay for any         CY.—                                                 1125(d) of the Elementary and Secondary Edu-
other purpose.                                          (A) IN GENERAL.—For any fiscal year, a public      cation Act of 1965 (20 U.S.C. 6333(a)(2),
  (b) RETIREMENT SYSTEM.—                             charter school shall be considered to be a local     6334(a)(4), and 6335(d)), for fiscal year 1999 and
  (1) CREDITABLE SERVICE.—An employee of a            educational agency for purposes of part A of         each fiscal year thereafter, the total allocation
public charter school who has received a leave        title I of the Elementary and Secondary Edu-         under part A of title I of such Act for all local
of absence under subsection (a) shall receive         cation Act of 1965 (20 U.S.C. 6311 et seq.), and     educational agencies in the District of Colum-
creditable service, as defined in section 2604 of     shall be eligible for assistance under such part,    bia, including public charter schools that are el-
D.C. Law 2–139, effective March 3, 1979 (D.C.         if the fraction the numerator of which is the        igible to receive assistance under such part,
Code, sec. 1–627.4) and the rules established         number of low-income students enrolled in the        shall be calculated by the Secretary of Edu-
under such section, for the period of the employ-     public charter school during the fiscal year pre-    cation. In making such calculation, such Sec-
ee’s employment at the public charter school.         ceding the fiscal year for which the determina-      retary shall treat all such local educational
H3876                                           CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
agencies as if such agencies were a single local          (b) FEES.—                                         demic achievement expectations, and other
educational agency for the District of Columbia.          (1) APPLICATION FEE.—An eligible chartering        terms of the approved charter.
   (B) ALLOCATION.—                                    authority may charge an eligible applicant a             (2) All audited financial statements for the
   (i) PUBLIC CHARTER SCHOOLS.—For fiscal year         fee, not to exceed $150, for processing a petition    public charter school for the preceding 4 years.
1999 and each fiscal year thereafter, each public      to establish a public charter school.                    (c) APPROVAL OF CHARTER RENEWAL APPLICA-
charter school that is eligible to receive assist-        (2) ADMINISTRATION FEE.—In the case of an          TION.—The eligible chartering authority that
ance under part A of title I of the Elementary         eligible chartering authority that has granted a      granted a charter shall approve an application
and Secondary Education Act of 1965 shall re-          charter to a public charter school, the eligible      to renew the charter that is filed in accordance
ceive a portion of the total allocation calculated     chartering authority may charge the school a          with subsection (b), except that the eligible
under subparagraph (A) which bears the same            fee, not to exceed one-half of one percent of the     chartering authority shall not approve such ap-
ratio to such total allocation as the number de-       annual budget of the school, to cover the cost of     plication if the eligible chartering authority de-
scribed in paragraph (2)(C) bears to the aggre-        undertaking the ongoing administrative respon-        termines that—
gate total described in paragraph (2)(D).              sibilities of the eligible chartering authority          (1) the school committed a material violation
   (ii) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—           with respect to the school that are described in      of applicable laws or a material violation of the
For fiscal year 1999 and each fiscal year there-       this subtitle. The school shall pay the fee to the    conditions, terms, standards, or procedures set
after, the District of Columbia public schools         eligible chartering authority not later than No-      forth in its charter, including violations relating
shall receive a portion of the total allocation        vember 15 of each year.                               to the education of children with disabilities; or
calculated under subparagraph (A) which bears             (c) IMMUNITY FROM CIVIL LIABILITY.—                   (2) the school failed to meet the goals and stu-
the same ratio to such total allocation as the            (1) IN GENERAL.—An eligible chartering au-         dent academic achievement expectations set
total of the numbers described in clauses (ii) and     thority, the Board of Trustees of such an eligi-      forth in its charter.
(iii) of paragraph (2)(D) bears to the aggregate       ble chartering authority, and a director, officer,       (d) PROCEDURES FOR CONSIDERATION OF
total described in paragraph (2)(D).                   employee, or volunteer of such an eligible char-      CHARTER RENEWAL.—
   (4) USE OF ESEA FUNDS.—The Board of Edu-            tering authority, shall be immune from civil li-         (1) NOTICE OF RIGHT TO HEARING.—An eligible
cation may not direct a public charter school in       ability, both personally and professionally, for      chartering authority that has received an appli-
the school’s use of funds under part A of title I      any act or omission within the scope of their of-     cation to renew a charter that is filed by a
of the Elementary and Secondary Education Act          ficial duties unless the act or omission—             Board of Trustees in accordance with subsection
of 1965.                                                  (A) constitutes gross negligence;                  (b) shall provide to the Board of Trustees writ-
   (5) ESEA REQUIREMENTS.—Except as provided              (B) constitutes an intentional tort; or            ten notice of the right to an informal hearing on
in paragraph (6), a public charter school receiv-         (C) is criminal in nature.                         the application. The eligible chartering author-
ing funds under part A of title I of the Elemen-          (2) COMMON LAW IMMUNITY PRESERVED.—                ity shall provide the notice not later than 15
tary and Secondary Education Act of 1965 (20           Paragraph (1) shall not be construed to abro-         days after the date on which the eligible char-
U.S.C. 6301 et seq.) shall comply with all re-         gate any immunity under common law of a per-          tering authority received the application.
quirements applicable to schools receiving such        son described in such paragraph.                         (2) REQUEST FOR HEARING.—Not later than 15
funds.                                                    (d) ANNUAL REPORT.—On or before July 30 of         days after the date on which a Board of Trust-
   (6) INAPPLICABILITY OF CERTAIN ESEA PROVI-          each year, each eligible chartering authority         ees receives a notice under paragraph (1), the
SIONS.—The following provisions of the Elemen-         that issues a charter under this subtitle shall       Board of Trustees may request, in writing, an
tary and Secondary Education Act of 1965 shall         submit a report to the Mayor, the District of Co-     informal hearing on the application before the
not apply to a public charter school:                  lumbia Council, the Board of Education, the           eligible chartering authority.
   (A) Paragraphs (5) and (8) of section 1112(b)       Secretary of Education, the appropriate con-             (3) DATE AND TIME OF HEARING.—
(20 U.S.C. 6312(b)).                                   gressional committees, and the Consensus Com-            (A) NOTICE.—Upon receiving a timely written
   (B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D),      mission that includes the following information:      request for a hearing under paragraph (2), an
(1)(F), (1)(H), and (3) of section 1112(c) (20            (1) A list of the members of the eligible char-    eligible chartering authority shall set a date and
U.S.C. 6312(c)).                                       tering authority and the addresses of such mem-       time for the hearing and shall provide reason-
   (C) Section 1113 (20 U.S.C. 6313).                  bers.                                                 able notice of the date and time, as well as the
   (D) Section 1115A (20 U.S.C. 6316).                    (2) A list of the dates and places of each meet-   procedures to be followed at the hearing, to the
   (E) Subsections (a), (b), and (c) of section 1116   ing of the eligible chartering authority during       Board of Trustees.
(20 U.S.C. 6317).                                      the year preceding the report.                           (B) DEADLINE.—An informal hearing under
   (F) Subsections (d) and (e) of section 1118 (20        (3) The number of petitions received by the eli-   this subsection shall take place not later than 30
U.S.C. 6319).                                          gible chartering authority for the conversion of      days after an eligible chartering authority re-
   (G) Section 1120 (20 U.S.C. 6321).                                                                        ceives a timely written request for the hearing
                                                       a District of Columbia public school or a private
   (H) Subsections (a) and (c) of section 1120A                                                              under paragraph (2).
                                                       or independent school to a public charter
(20 U.S.C. 6322).                                                                                               (4) FINAL DECISION.—
   (I) Section 1126 (20 U.S.C. 6337).                  school, and for the creation of a new school as
                                                                                                                (A) DEADLINE.—An eligible chartering author-
   (b) PROPERTY AND SALES TAXES.—A public              a public charter school.
                                                          (4) The number of petitions described in para-     ity shall render a final decision, in writing, on
charter school shall be exempt from District of                                                              an application to renew a charter—
Columbia property and sales taxes.                     graph (3) that were approved and the number
                                                                                                                (i) not later than 30 days after the date on
   (c) EDUCATION OF CHILDREN WITH DISABIL-             that were denied, as well as a summary of the
                                                                                                             which the eligible chartering authority provided
ITIES.—Notwithstanding any other provision of          reasons for which such petitions were denied.
                                                                                                             the written notice of the right to a hearing, in
this title, each public charter school shall elect        (5) A description of any new charters issued
                                                                                                             the case of an application with respect to which
to be treated as a local educational agency or a       by the eligible chartering authority during the
                                                                                                             such a hearing is not held; and
District of Columbia public school for the pur-        year preceding the report.
                                                                                                                (ii) not later than 30 days after the date on
pose of part B of the Individuals with Disabil-           (6) A description of any charters renewed by
                                                                                                             which the hearing is concluded, in the case of
ities Education Act (20 U.S.C. 1411 et seq.) and       the eligible chartering authority during the year
                                                                                                             an application with respect to which a hearing
section 504 of the Rehabilitation Act of 1973 (29      preceding the report.
                                                                                                             is held.
U.S.C. 794).                                              (7) A description of any charters revoked by
                                                                                                                (B) REASONS FOR NONRENEWAL.—An eligible
                                                       the eligible chartering authority during the year
SEC. 2211. POWERS AND DUTIES OF ELIGIBLE                                                                     chartering authority that denies an application
            CHARTERING AUTHORITIES.                    preceding the report.
                                                                                                             to renew a charter shall state in its decision the
  (a) OVERSIGHT.—                                         (8) A description of any charters refused re-
                                                                                                             reasons for denial.
  (1) IN GENERAL.—An eligible chartering au-           newal by the eligible chartering authority dur-          (5) ALTERNATIVES UPON NONRENEWAL.—If an
thority—                                               ing the year preceding the report.                    eligible chartering authority denies an applica-
   (A) shall monitor the operations of each pub-          (9) Any recommendations the eligible charter-
                                                                                                             tion to renew a charter granted to a public
lic charter school to which the eligible charter-      ing authority has concerning ways to improve
                                                                                                             charter school, the Board of Education may—
ing authority has granted a charter;                   the administration of public charter schools.            (A) manage the school directly until alter-
   (B) shall ensure that each such school com-         SEC. 2212. CHARTER RENEWAL.                           native arrangements can be made for students
plies with applicable laws and the provisions of         (a) TERM.—A charter granted to a public             at the school; or
the charter granted to such school; and                charter school shall remain in force for a 5-year        (B) place the school in a probationary status
   (C) shall monitor the progress of each such         period, but may be renewed for an unlimited           that requires the school to take remedial ac-
school in meeting student academic achievement         number of times, each time for a 5-year period.       tions, to be determined by the Board of Edu-
expectations specified in the charter granted to         (b) APPLICATION FOR CHARTER RENEWAL.—In             cation, that directly relate to the grounds for
such school.                                           the case of a public charter school that desires      the denial.
   (2) PRODUCTION OF BOOKS AND RECORDS.—An             to renew its charter, the Board of Trustees of           (6) JUDICIAL REVIEW.—
eligible chartering authority may require a pub-       the school shall file an application to renew the        (A) AVAILABILITY OF REVIEW.—A decision by
lic charter school to which the eligible charter-      charter with the eligible chartering authority        an eligible chartering authority to deny an ap-
ing authority has granted a charter to produce         that granted the charter not later than 120 days      plication to renew a charter shall be subject to
any book, record, paper, or document, if the eli-      nor earlier than 365 days before the expiration       judicial review by an appropriate court of the
gible chartering authority determines that such        of the charter. The application shall contain the     District of Columbia.
production is necessary for the eligible charter-      following:                                               (B) STANDARD OF REVIEW.—A decision by an
ing authority to carry out its functions under           (1) A report on the progress of the public char-    eligible chartering authority to deny an applica-
this subtitle.                                         ter school in achieving the goals, student aca-       tion to renew a charter shall be upheld unless
April 25, 1996                                  CONGRESSIONAL RECORD — HOUSE                                                                        H3877
the decision is arbitrary and capricious or clear-        (1) IN GENERAL.—There is established within         power to appoint, terminate, and fix the pay of
ly erroneous.                                          the District of Columbia Government a Public           an Executive Director and such other personnel
SEC. 2213. CHARTER REVOCATION.                         Charter School Board (in this section referred to      of the Board as the Chair considers necessary,
  (a) CHARTER OR LAW VIOLATIONS.—An eligible           as the ‘‘Board’’).                                     but no individual so appointed shall be paid in
chartering authority that has granted a charter           (2) MEMBERSHIP.—The Secretary of Education          excess of the rate payable for level EG–16 of the
to a public charter school may revoke the char-        shall present the Mayor a list of 15 individuals       Educational Service of the District of Columbia.
ter if the eligible chartering authority deter-        the Secretary determines are qualified to serve          (2) SPECIAL RULE.—The Board is authorized to
mines that the school has committed a violation        on the Board. The Mayor, in consultation with          use the services, personnel, and facilities of the
of applicable laws or a material violation of the      the District of Columbia Council, shall appoint        District of Columbia.
conditions, terms, standards, or procedures set        7 individuals from the list to serve on the Board.       (e) EXPENSES OF BOARD.—Any expenses of the
forth in the charter, including violations relat-      The Secretary of Education shall recommend,            Board shall be paid from such funds as may be
ing to the education of children with disabil-         and the Mayor shall appoint, members to serve          available to the Mayor: Provided, That within
ities.                                                 on the Board so that a knowledge of each of the        45 days of the enactment of this Act the Mayor
   (b) FISCAL MISMANAGEMENT.—An eligible               following areas is represented on the Board:           shall make available not less than $130,000 to
chartering authority that has granted a charter           (A) Research about and experience in student        the Board.
to a public charter school shall revoke the char-      learning, quality teaching, and evaluation of            (f) AUDIT.—The Board shall provide for an
ter if the eligible chartering authority deter-        and accountability in successful schools.              audit of the financial statements of the Board
                                                          (B) The operation of a financially sound en-        by an independent certified public accountant
mines that the school—
                                                       terprise, including leadership and management          in accordance with Government auditing stand-
   (1) has engaged in a pattern of nonadherence
                                                       techniques, as well as the budgeting and ac-           ards for financial audits issued by the Comptrol-
to generally accepted accounting principles;
                                                       counting skills critical to the startup of a suc-      ler General of the United States.
   (2) has engaged in a pattern of fiscal mis-
                                                       cessful enterprise.                                      (g) AUTHORIZATION OF APPROPRIATIONS.—For
management; or
                                                          (C) The educational, social, and economic de-       the purpose of carrying out the provisions of
   (3) is no longer economically viable.
                                                       velopment needs of the District of Columbia.           this section and conducting the Board’s func-
   (c) PROCEDURES FOR CONSIDERATION OF REV-               (D) The needs and interests of students and
OCATION.—                                                                                                     tions required by this subtitle, there are author-
                                                       parents in the District of Columbia, as well as
   (1) NOTICE OF RIGHT TO HEARING.—An eligible                                                                ized to be appropriated $300,000 for fiscal year
                                                       methods of involving parents and other members
chartering authority that is proposing to revoke                                                              1997 and such sums as may be necessary for
                                                       of the community in individual schools.
a charter granted to a public charter school              (3) VACANCIES.—Any time there is a vacancy          each of the 3 succeeding fiscal years.
shall provide to the Board of Trustees of the          in the membership of the Board, the Secretary of       SEC. 2215. FEDERAL ENTITIES.
school a written notice stating the reasons for        Education shall present the Mayor a list of 3 in-        (a) IN GENERAL.—The following Federal agen-
the proposed revocation. The notice shall inform       dividuals the Secretary determines are qualified       cies and federally established entities are en-
the Board of Trustees of the right of the Board        to serve on the Board. The Mayor, in consulta-         couraged to explore whether it is feasible for the
of Trustees to an informal hearing on the pro-         tion with the District of Columbia Council, shall      agency or entity to establish one or more public
posed revocation.                                      appoint 1 individual from the list to serve on the     charter schools:
   (2) REQUEST FOR HEARING.—Not later than 15          Board. The Secretary shall recommend and the             (1) The Library of Congress.
days after the date on which a Board of Trust-         Mayor shall appoint, such member of the Board            (2) The National Aeronautics and Space Ad-
ees receives a notice under paragraph (1), the         taking into consideration the criteria described       ministration.
Board of Trustees may request, in writing, an          in paragraph (2). Any member appointed to fill           (3) The Drug Enforcement Administration.
informal hearing on the proposed revocation be-        a vacancy occurring prior to the expiration of           (4) The National Science Foundation.
fore the eligible chartering authority.                the term of a predecessor shall be appointed             (5) The Department of Justice.
   (3) DATE AND TIME OF HEARING.—                      only for the remainder of the term.                      (6) The Department of Defense.
   (A) NOTICE.—Upon receiving a timely written            (4) TIME LIMIT FOR APPOINTMENTS.—If, at any           (7) The Department of Education.
request for a hearing under paragraph (2), an          time, the Mayor does not appoint members to              (8) The Smithsonian Institution, including the
eligible chartering authority shall set a date and     the Board sufficient to bring the Board’s mem-         National Zoological Park, the National Museum
time for the hearing and shall provide reason-         bership to 7 within 30 days of receiving a rec-        of American History, the John F. Kennedy Cen-
able notice of the date and time, as well as the       ommendation from the Secretary of Education            ter for the Performing Arts, and the National
procedures to be followed at the hearing, to the       under paragraph (2) or (3), the Secretary shall        Gallery of Art.
Board of Trustees.                                     make such appointments as are necessary to               (b) REPORT.—Not later than 120 days after
   (B) DEADLINE.—An informal hearing under             bring the membership of the Board to 7.                date of enactment of this Act, any agency or in-
this subsection shall take place not later than 30        (5) TERMS OF MEMBERS.—                              stitution described in subsection (a) that has ex-
days after an eligible chartering authority re-           (A) IN GENERAL.—Members of the Board shall          plored the feasibility of establishing a public
ceives a timely written request for the hearing        serve for terms of 4 years, except that, of the ini-   charter school shall report its determination on
under paragraph (2).                                   tial appointments made under paragraph (2),            the feasibility to the appropriate congressional
   (4) FINAL DECISION.—                                the Mayor shall designate—                             committees.
   (A) DEADLINE.—An eligible chartering author-           (i) 2 members to serve terms of 3 years;
ity shall render a final decision, in writing, on         (ii) 2 members to serve terms of 2 years; and       Subtitle C—World Class Schools Task Force,
the revocation of a charter—                              (iii) 1 member to serve a term of 1 year.             Core Curriculum, Content Standards, As-
   (i) not later than 30 days after the date on           (B) REAPPOINTMENT.—Members of the Board               sessments, and Promotion Gates
which the eligible chartering authority provided       shall be eligible to be reappointed for one 4-year     PART 1—WORLD CLASS SCHOOLS TASK
the written notice of the right to a hearing, in       term beyond their initial term of appointment.           FORCE, CORE CURRICULUM, CONTENT
the case of a proposed revocation with respect to         (6) INDEPENDENCE.—No person employed by               STANDARDS, AND ASSESSMENTS
which such a hearing is not held; and                  the District of Columbia public schools or a pub-
                                                                                                              SEC.   2311.    GRANT AUTHORIZED AND         REC-
   (ii) not later than 30 days after the date on       lic charter school shall be eligible to be a member                   OMMENDATION REQUIRED.
which the hearing is concluded, in the case of a       of the Board or to be employed by the Board.
                                                                                                                 (a) GRANT AUTHORIZED.—
proposed revocation with respect to which a               (b) OPERATIONS OF THE BOARD.—
                                                          (1) CHAIR.—The members of the Board shall              (1) IN GENERAL.—The Superintendent is au-
hearing is held.                                                                                              thorized to award a grant to a World Class
   (B) REASONS FOR REVOCATION.—An eligible             elect from among their membership 1 individual
                                                       to serve as Chair. Such election shall be held         Schools Task Force to enable such task force to
chartering authority that revokes a charter                                                                   make the recommendation described in sub-
shall state in its decision the reasons for the rev-   each year after members of the Board have been
                                                       appointed to fill any vacancies caused by the          section (b).
ocation.                                                                                                         (2) DEFINITION.—For the purpose of this sub-
   (5) ALTERNATIVES UPON REVOCATION.—If an             regular expiration of previous members’ terms,
                                                       or when requested by a majority vote of the            title, the term ‘‘World Class Schools Task
eligible chartering authority revokes a charter                                                               Force’’ means 1 nonprofit organization located
granted to a public charter school, the Board of       members of the Board.
                                                          (2) QUORUM.—A majority of the members of            in the District of Columbia that—
Education may manage the school directly until                                                                   (A) has a national reputation for advocating
                                                       the Board, not including any positions that may
alternative arrangements can be made for stu-                                                                 content standards;
                                                       be vacant, shall constitute a quorum sufficient
dents at the school.                                                                                             (B) has a national reputation for advocating
                                                       for conducting the business of the Board.
   (6) JUDICIAL REVIEW.—                                                                                      a strong liberal arts curriculum;
                                                          (3) MEETINGS.—The Board shall meet at the
   (A) AVAILABILITY OF REVIEW.—A decision by                                                                     (C) has experience with at least 4 urban
                                                       call of the Chair, subject to the hearing require-
an eligible chartering authority to revoke a                                                                  school districts for the purpose of establishing
                                                       ments of sections 2203, 2212(d)(3), and 2213(c)(3).
charter shall be subject to judicial review by an         (c) NO COMPENSATION FOR SERVICE.—Members            content standards;
appropriate court of the District of Columbia.         of the Board shall serve without pay, but may             (D) has developed and managed professional
   (B) STANDARD OF REVIEW.—A decision by an            receive reimbursement for any reasonable and           development programs in science, mathematics,
eligible chartering authority to revoke a charter      necessary expenses incurred by reason of service       the humanities and the arts; and
shall be upheld unless the decision is arbitrary       on the Board.                                             (E) is governed by an independent board of di-
and capricious or clearly erroneous.                      (d) PERSONNEL AND RESOURCES.—                       rectors composed of citizens with a variety of ex-
SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.                   (1) IN GENERAL.—Subject to such rules as may        periences in education and public policy.
  (a) ESTABLISHMENT.—                                  be made by the Board, the Chair shall have the            (b) RECOMMENDATION REQUIRED.—
H3878                                         CONGRESSIONAL RECORD — HOUSE                                                           April 25, 1996
   (1) IN GENERAL.—The World Class Schools           part. Such funds shall remain available until        cation and the Superintendent, may adjust the
Task Force shall recommend to the Superintend-       expended.                                            amount of the annual payment under para-
ent, the Board of Education, and the District of             PART 2—PROMOTION GATES                       graph (1) to increase the amount of such pay-
Columbia Goals Panel the following:                                                                       ment if a District of Columbia public school or
   (A) Content standards in the core academic        SEC. 2321. PROMOTION GATES.
                                                                                                          a public charter school serves a high number of
subjects that are developed by working with the        (a) KINDERGARTEN THROUGH 4TH GRADE.—Not            students—
District of Columbia community, which stand-         later than one year after the date of adoption in      (i) with special needs; or
ards shall be developed not later than 12 months     accordance with section 2311(d) of the assess-         (ii) who do not meet minimum literacy stand-
after the date of enactment of this Act.             ments described in section 2311(b)(1)(C), the Su-    ards.
   (B) A core curriculum developed by working        perintendent shall establish and implement pro-      SEC. 2402. CALCULATION OF NUMBER OF STU-
with the District of Columbia community, which       motion gates for mathematics, reading, and                       DENTS.
curriculum shall include the teaching of com-        writing, for not less than 1 grade level from kin-     (a) SCHOOL REPORTING REQUIREMENT.—
puter skills.                                        dergarten through grade 4, including at least          (1) IN GENERAL.—Not later than September 15,
   (C) Districtwide assessments for measuring        grade 4, and shall establish dates for establish-    1996, and not later than September 15 of each
student achievement in accordance with content       ing such other promotion gates for other subject     year thereafter, each District of Columbia public
standards developed under subparagraph (A).          areas.                                               school and public charter school shall submit a
Such assessments shall be developed at several         (b) 5TH THROUGH 8TH GRADES.—Not later than         report to the Mayor and the Board of Education
grade levels, including at a minimum, the grade      one year after the adoption in accordance with       containing the information described in sub-
levels with respect to which the Superintendent      section 2311(d) of the assessments described in      section (b) that is applicable to such school.
establishes promotion gates under section 2321.      section 2311(b)(1)(C), the Superintendent shall         (2) SPECIAL RULE.—Not later than April 1,
To the extent feasible, such assessments shall, at   establish and implement promotion gates with         1997, and not later than April 1 of each year
a minimum, be designed to provide information        respect to not less than one grade level from        thereafter, each public charter school shall sub-
that permits comparisons between—                    grade 5 through grade 8, including at least          mit a report in the same form and manner as de-
   (i) individual District of Columbia public        grade 8.                                             scribed in paragraph (1) to ensure accurate pay-
schools and public charter schools; and                (c) 9TH THROUGH 12TH GRADES.—Not later
   (ii) individual students attending such                                                                ment under section 2403(a)(2)(B)(ii).
                                                     than one year after the adoption in accordance          (b) CALCULATION OF NUMBER OF STUDENTS.—
schools.                                             with section 2311(d) of the assessments described
   (D) Model professional development programs                                                            Not later than 30 days after the date of the en-
                                                     in section 2311(b)(1)(C), the Superintendent         actment of this Act, and not later than October
for teachers using the standards and curriculum
                                                     shall establish and implement promotion gates        15 of each year thereafter, the Board of Edu-
developed under subparagraphs (A) and (B).
   (2) SPECIAL RULE.—The World Class Schools         with respect to not less than one grade level        cation shall calculate the following:
Task Force is encouraged, to the extent prac-        from grade 9 through grade 12, including at             (1) The number of students, including non-
ticable, to develop districtwide assessments de-     least grade 12.                                      resident students and students with special
scribed in paragraph (1)(C) that permit compari-     Subtitle D—Per Capita District of Columbia           needs, enrolled in each grade from kindergarten
sons among—                                            Public School and Public Charter School            through grade 12 of the District of Columbia
   (A) individual District of Columbia public          Funding                                            public schools and in public charter schools,
schools and public charter schools, and individ-     SEC. 2401. ANNUAL BUDGETS FOR SCHOOLS.
                                                                                                          and the number of students whose tuition for
ual students attending such schools; and                                                                  enrollment in other schools is paid for with
                                                       (a) IN GENERAL.—For fiscal year 1997 and for
   (B) students of other nations.                                                                         funds available to the District of Columbia pub-
   (c) CONTENT.—The content standards and as-        each subsequent fiscal year, the Mayor shall
                                                                                                          lic schools.
sessments recommended under subsection (b)           make annual payments from the general fund of
                                                                                                             (2) The amount of fees and tuition assessed
shall be judged by the World Class Schools Task      the District of Columbia in accordance with the
                                                                                                          and collected from the nonresident students de-
Force to be world class, including having a level    formula established under subsection (b).
                                                                                                          scribed in paragraph (1).
of quality and rigor, or being analogous to con-       (b) FORMULA.—                                         (3) The number of students, including non-
tent standards and assessments of other States         (1) IN GENERAL.—The Mayor and the District         resident students, enrolled in preschool and pre-
or nations (including nations whose students         of Columbia Council, in consultation with the        kindergarten in the District of Columbia public
historically score high on international studies     Board of Education and the Superintendent,           schools and in public charter schools.
of student achievement).                             shall establish not later than 90 days after en-        (4) The amount of fees and tuition assessed
   (d) SUBMISSION TO BOARD OF EDUCATION FOR          actment of this Act, a formula to determine the      and collected from the nonresident students de-
ADOPTION.—If the content standards, curricu-         amount of—                                           scribed in paragraph (3).
lum, assessments, and programs recommended             (A) the annual payment to the Board of Edu-           (5) The number of full time equivalent adult
under subsection (b) are approved by the Super-      cation for the operating expenses of the District    students enrolled in adult, community, continu-
intendent, the Superintendent may submit such        of Columbia public schools, which for purposes       ing, and vocational education programs in the
content standards, curriculum, assessments, and      of this paragraph includes the operating ex-         District of Columbia public schools and in pub-
programs to the Board of Education for adop-         penses of the Board of Education and the Office      lic charter schools.
tion.                                                of the Superintendent; and                              (6) The amount of fees and tuition assessed
SEC. 2312. CONSULTATION.                               (B) the annual payment to each public char-        and collected from resident and nonresident
  The World Class Schools Task Force shall           ter school for the operating expenses of each        adult students described in paragraph (5).
conduct its duties under this part in consulta-      public charter school.                                  (7) The number of students, including non-
tion with—                                             (2) FORMULA CALCULATION.—Except as pro-            resident students, enrolled in nongrade level
  (1) the District of Columbia Goals Panel;          vided in paragraph (3), the amount of the an-        programs in District of Columbia public schools
  (2) officials of the District of Columbia public   nual payment under paragraph (1) shall be cal-       and in public charter schools.
schools who have been identified by the Super-       culated by multiplying a uniform dollar amount          (8) The amount of fees and tuition assessed
intendent as having responsibilities relevant to     used in the formula established under such           and collected from nonresident students de-
this part, including the Deputy Superintendent       paragraph by—                                        scribed in paragraph (7).
for Curriculum;                                        (A) the number of students calculated under           (c) ANNUAL REPORTS.—Not later than 30 days
  (3) the District of Columbia community, with       section 2402 that are enrolled at District of Co-    after the date of the enactment of this Act, and
particular attention given to educators, and         lumbia public schools, in the case of the pay-       not later than October 15 of each year there-
parent and business organizations; and               ment under paragraph (1)(A); or                      after, the Board of Education shall prepare and
  (4) any other persons or groups that the task        (B) the number of students calculated under        submit to the Authority, the Mayor, the District
force deems appropriate.                             section 2402 that are enrolled at each public        of Columbia Council, the Consensus Commis-
SEC. 2313. ADMINISTRATIVE PROVISIONS.                charter school, in the case of a payment under       sion, the Comptroller General of the United
  The World Class Schools Task Force shall en-       paragraph (1)(B).                                    States, and the appropriate congressional com-
sure public access to its proceedings (other than      (3) EXCEPTIONS.—                                   mittees a report containing a summary of the
proceedings, or portions of proceedings, relating      (A) FORMULA.—Notwithstanding paragraph             most recent calculations made under subsection
to internal personnel and management matters)        (2), the Mayor and the District of Columbia          (b).
that are relevant to its duties under this part      Council, in consultation with the Board of Edu-         (d) AUDIT OF INITIAL CALCULATIONS.—
and shall make available to the public, at rea-      cation and the Superintendent, may adjust the           (1) IN GENERAL.—The Board of Education
sonable cost, transcripts of such proceedings.       formula to increase or decrease the amount of        shall arrange with the Authority to provide for
SEC. 2314. CONSULTANTS.                              the annual payment to the District of Columbia       the conduct of an independent audit of the ini-
  Upon the request of the World Class Schools        public schools or each public charter school         tial calculations described in subsection (b).
Task Force, the head of any department or            based on a calculation of—                              (2) CONDUCT OF AUDIT.—In conducting the
agency of the Federal Government may detail            (i) the number of students served by such          audit, the independent auditor—
any of the personnel of such agency to such          schools in certain grade levels; and                    (A) shall provide an opinion as to the accu-
task force to assist such task force in carrying       (ii) the cost of educating students at such cer-   racy of the information contained in the report
out such task force’s duties under this part.        tain grade levels.                                   described in subsection (c); and
SEC. 2315. AUTHORIZATION OF APPROPRIATIONS.            (B) PAYMENT.—Notwithstanding paragraph                (B) shall identify any material weaknesses in
  There are authorized to be appropriated            (2), the Mayor and the District of Columbia          the systems, procedures, or methodology used by
$2,000,000 for fiscal year 1997 to carry out this    Council, in consultation with the Board of Edu-      the Board of Education—
April 25, 1996                                   CONGRESSIONAL RECORD — HOUSE                                                                         H3879
   (i) in determining the number of students, in-       schools on September 30 of a fiscal year shall re-     will provide technical assistance and related
cluding nonresident students, enrolled in the           vert to the general fund of the District of Co-        services with respect to District of Columbia
District of Columbia public schools and in pub-         lumbia.                                                public schools facilities management in accord-
lic charter schools, and the number of students            (b) EXCEPTION FOR NEW SCHOOLS.—                     ance with this section.
whose tuition for enrollment in other school sys-          (1) AUTHORIZATION.—There are authorized to             (b) TECHNICAL ASSISTANCE AND RELATED
tems is paid for by funds available to the Dis-         be appropriated $200,000 for each fiscal year to       SERVICES.—The technical assistance and related
trict of Columbia public schools; and                   carry out this subsection.                             services described in subsection (a) shall in-
   (ii) in assessing and collecting fees and tuition       (2) DISBURSEMENT TO MAYOR.—The Secretary            clude—
from nonresident students.                              of the Treasury shall make available and dis-             (1) the Administrator consulting with and ad-
   (3) SUBMISSION OF AUDIT.—Not later than 45           burse to the Mayor, not later than August 1 of         vising District of Columbia public school person-
days, or as soon thereafter as is practicable,          each of the fiscal years 1996 through 2000, such       nel responsible for public schools facilities man-
after the date on which the Authority receives          funds as have been appropriated under para-            agement, including repair and improvement
the initial annual report from the Board of Edu-        graph (1).                                             with respect to facilities management of such
cation under subsection (c), the Authority shall           (3) ESCROW.—The Mayor shall place in es-            schools;
submit to the Board of Education, the Mayor,            crow, for use by public charter schools, any sum          (2) the Administrator assisting the Super-
the District of Columbia Council, and the appro-        disbursed under paragraph (2) and not paid             intendent in developing a systemic and com-
priate congressional committees, the audit con-         under paragraph (4).                                   prehensive facilities revitalization program, for
ducted under this subsection.                              (4) PAYMENTS TO SCHOOLS.—The Mayor shall            the repair and improvement of District of Co-
   (4) COST OF THE AUDIT.—The Board of Edu-             pay to public charter schools described in para-       lumbia public school facilities, which program
cation shall reimburse the Authority for the cost       graph (5), in accordance with this subsection,         shall—
of the independent audit, solely from amounts           any sum disbursed under paragraph (2).                    (A) include a list of facilities to be repaired
appropriated to the Board of Education for                 (5) SCHOOLS DESCRIBED.—The schools referred         and improved in a recommended order of prior-
staff, stipends, and other-than-personal-services       to in paragraph (4) are public charter schools         ity;
of the Board of Education by an Act making ap-          that—                                                     (B) provide the repair and improvement re-
propriations for the District of Columbia.                 (A) did not operate as public charter schools       quired to support modern technology; and
SEC. 2403. PAYMENTS.                                    during any portion of the fiscal year preceding           (C) take into account the Preliminary Facili-
  (a) IN GENERAL.—                                      the fiscal year for which funds are authorized         ties Master Plan 2005 (prepared by the Super-
  (1) ESCROW FOR PUBLIC CHARTER SCHOOLS.—               to be appropriated under paragraph (1); and            intendent’s Task Force on Education Infra-
Except as provided in subsection (b), for any fis-         (B) operated as public charter schools during       structure for the 21st Century);
cal year, not later than 10 days after the date of      the fiscal year for which funds are authorized            (3) the method by which the Superintendent
enactment of an Act making appropriations for           to be appropriated under paragraph (1).                will accept donations of private goods and serv-
the District of Columbia for such fiscal year, the         (6) FORMULA.—                                       ices for use by the District of Columbia public
Mayor shall place in escrow an amount equal to             (A) 1996.—The amount of the payment to a            schools without regard to any law or regulation
the aggregate of the amounts determined under           public charter school described in paragraph (5)       of the District of Columbia;
section 2401(b)(1)(B) for use only by District of                                                                 (4) the Administrator recommending specific
                                                        that begins operation in fiscal year 1996 shall be
Columbia public charter schools.                                                                               repair and improvement projects in District of
                                                        calculated by multiplying $6,300 by 1⁄12 of the
   (2) TRANSFER OF ESCROW FUNDS.—                                                                              Columbia public school facilities to the Super-
                                                        total anticipated enrollment as set forth in the
   (A) INITIAL PAYMENT.—Not later than October                                                                 intendent that are appropriate for completion by
                                                        petition to establish the public charter school;
15, 1996, and not later than October 15 of each                                                                members and units of the National Guard and
                                                        and
year thereafter, the Mayor shall transfer, by                                                                  the Reserves in accordance with the program de-
                                                           (B) 1997 THROUGH 2000.—The amount of the
electronic funds transfer, an amount equal to 75                                                               veloped under paragraph (2);
                                                        payment to a public charter school described in
percent of the amount of the annual payment                                                                       (5) upon the request of the Superintendent,
                                                        paragraph (5) that begins operation in any of
for each public charter school determined by                                                                   the Administrator assisting the appropriate Dis-
                                                        fiscal years 1997 through 2000 shall be cal-
using the formula established pursuant to sec-                                                                 trict of Columbia public school officials in the
                                                        culated by multiplying the uniform dollar
tion 2401(b) to a bank designated by such                                                                      preparation of an action plan for the perform-
                                                        amount used in the formula established under
school.                                                                                                        ance of any repair and improvement rec-
                                                        section 2401(b) by 1⁄12 of the total anticipated en-
   (B) FINAL PAYMENT.—                                                                                         ommended in the program developed under
                                                        rollment as set forth in the petition to establish
   (i) Except as provided in clause (ii), not later                                                            paragraph (2), which action plan shall detail
                                                        the public charter school.
than May 1, 1997, and not later than May 1 of                                                                  the technical assistance and related services the
                                                           (7) PAYMENT TO SCHOOLS.—
each year thereafter, the Mayor shall transfer                                                                 Administrator proposes to provide in the accom-
                                                           (A) TRANSFER.—On September 1 of each of the
the remainder of the annual payment for a pub-                                                                 plishment of the repair and improvement;
                                                        years 1996 through 2000, the Mayor shall trans-
lic charter school in the same manner as the ini-                                                                 (6) upon the request of the Superintendent,
                                                        fer, by electronic funds transfer, the amount de-
tial payment was made under subparagraph                                                                       and if consistent with the efficient use of re-
                                                        termined under paragraph (6) for each public
(A).                                                                                                           sources as determined by the Administrator, the
                                                        charter school from the escrow account estab-
   (ii) Not later than March 15, 1997, and not                                                                 coordination of the accomplishment of any re-
                                                        lished under subsection (a) to a bank designated
later than March 15 of each year thereafter, if                                                                pair and improvement in accordance with the
                                                        by each such school.
the enrollment number of a public charter                                                                      action plan prepared under paragraph (5), ex-
                                                           (B) PRO RATA AND REMAINING FUNDS.—Sub-
school has changed from the number reported to                                                                 cept that in carrying out this paragraph, the
                                                        paragraphs (C) and (D) of subsection (a)(2)
the Mayor and the Board of Education, as re-                                                                   Administrator shall not be subject to the re-
                                                        shall apply to payments made under this sub-
quired under section 2402(a), the Mayor shall                                                                  quirements of title III of the Federal Property
                                                        section, except that for purposes of this sub-
increase the payment in an amount equal to 50                                                                  and Administrative Services Act of 1949 (40
                                                        paragraph references to District of Columbia
percent of the amount provided for each student                                                                U.S.C. 471 et seq., and 41 U.S.C. 251 et seq.), the
                                                        public schools in such subparagraphs (C) and
who has enrolled in such school in excess of                                                                   Office of Federal Procurement Policy Act (41
                                                        (D) shall be read to refer to public charter
such enrollment number, or shall reduce the                                                                    U.S.C. 401 et seq.), nor shall such action plan be
                                                        schools.
payment in an amount equal to 50 percent of the                                                                subject to review under the bid protest proce-
amount provided for each student who has                    Subtitle E—School Facilities Repair and            dures described in sections 3551 through 3556 of
withdrawn or dropped out of such school below                              Improvement                         title 31, United States Code, or the Contract Dis-
such enrollment number.                                 SEC. 2550. DEFINITIONS.                                putes Act of 1978 (41 U.S.C. 601 et seq.);
   (C) PRO RATA REDUCTION OR INCREASE IN PAY-             For purposes of this subtitle—                          (7) providing access for the Administrator to
MENTS.—                                                   (1) the term ‘‘facilities’’ means buildings,         all District of Columbia public school facilities
   (i) PRO RATA REDUCTION.—If the funds made            structures, and real property of the District of       as well as permitting the Administrator to re-
available to the District of Columbia Govern-           Columbia public schools, except that such term         quest and obtain any record or document re-
ment for the District of Columbia public school         does not include any administrative office build-      garding such facilities as the Administrator de-
system and each public charter school for any           ing that is not located in a building containing       termines necessary, except that any such record
fiscal year are insufficient to pay the full            classrooms; and                                        or document shall not become a record (as de-
amount that such system and each public char-             (2) the term ‘‘repair and improvement’’ in-          fined in section 552a of title 5, United States
ter school is eligible to receive under this subtitle   cludes administration, construction, and ren-          Code) of the General Services Administration;
for such year, the Mayor shall ratably reduce           ovation.                                               and
such amounts for such year on the basis of the                                                                    (8) the Administrator making recommenda-
                                                                PART 1—SCHOOL FACILITIES
formula described in section 2401(b).                                                                          tions regarding how District of Columbia public
   (ii) INCREASE.—If additional funds become            SEC. 2551. TECHNICAL ASSISTANCE.                       school facilities may be used by the District of
available for making payments under this sub-             (a) IN GENERAL.—Not later than 90 days after         Columbia community for multiple purposes.
title for such fiscal year, amounts that were re-       the date of enactment of this Act the Adminis-            (c) AGREEMENT PROVISIONS.—The Agreement
duced under subparagraph (A) shall be in-               trator of the General Services Administration          shall include—
creased on the same basis as such amounts were          shall enter into a Memorandum of Agreement or             (1) the procedures by which the Superintend-
reduced.                                                Understanding (referred to in this subtitle as the     ent and Administrator will consult with respect
   (D) UNEXPENDED FUNDS.—Any funds that re-             ‘‘Agreement’’) with the Superintendent regard-         to carrying out this section, including reason-
main in the escrow account for public charter           ing the terms under which the Administrator            able time frames for such consultation;
H3880                                         CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
   (2) the scope of the technical assistance and     projects, are waived, for purposes of repair and      known as the ‘‘District Education and Learning
related services to be provided by the General       improvement of District of Columbia public            Technologies Advancement Council’’ (in this
Services Administration in accordance with this      schools facilities for a period beginning on the      subtitle referred to as the ‘‘council’’).
section;                                             date of enactment of this Act and ending 24              (2) MEMBERSHIP.—
   (3) assurances by the Administrator and the       months after such date.                                  (A) IN GENERAL.—The private, nonprofit cor-
Superintendent to cooperate with each other in         (2) DONATIONS.—Any individual may volun-            poration shall appoint members to the council.
any way necessary to ensure implementation of        teer his or her services or may donate materials      An individual shall be appointed as a member to
the Agreement, including assurances that funds       to a District of Columbia public school facility      the council on the basis of the commitment of
available to the District of Columbia shall be       for the repair and improvement of such facility       the individual, or the entity which the individ-
used to pay the obligations of the District of Co-   provided that the provision of voluntary services     ual is representing, to providing time, energy,
lumbia public school system that are incurred as     meets the requirements of 29 U.S.C. 203(e)(4).        and resources to the council.
a result of actions taken under, or in further-        (b) LIMITATION.—A waiver under subsection              (B) COMPENSATION.—Members of the council
ance of, the Agreement, in addition to funds         (a) shall not apply to requirements under 40          shall serve without compensation.
available to the Administrator for purposes of       U.S.C. 276a–276a–7.                                      (3) DUTIES.—The council—
this section; and                                      PART 3—GIFTS, DONATIONS, BEQUESTS,                     (A) shall advise the private, nonprofit cor-
   (4) the duration of the Agreement, except that                      AND DEVISES                         poration with respect to the duties of the cor-
in no event shall the Agreement remain in effect                                                           poration under subsections (b) through (d) of
                                                     SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND            this section; and
later than the day that is 24 months after the                   DEVISES.
date that the Agreement is signed, or the day                                                                 (B) shall assist the corporation in leveraging
                                                       (a) IN GENERAL.—A District of Columbia pub-         private sector resources for the purpose of carry-
that the agency designated pursuant to section
                                                     lic school or a public charter school may accept      ing out such duties.
2552(a)(2) assumes responsibility for the District
                                                     directly from any person a gift, donation, be-           (b) ACCESS TO STATE-OF-THE-ART EDU-
of Columbia public school facilities, whichever
                                                     quest, or devise of any property, real or per-        CATIONAL TECHNOLOGY.—
day is earlier.
                                                     sonal, without regard to any law or regulation           (1) IN GENERAL—The private, nonprofit cor-
   (d) LIMITATION ON ADMINISTRATOR’S LIABIL-
                                                     of the District of Columbia.                          poration, in conjunction with the Superintend-
ITY.—No claim, suit, or action may be brought
                                                        (b) TAX LAWS.—For the purposes of the in-          ent, students, parents, and teachers, shall estab-
against the Administrator in connection with
                                                     come tax, gift tax, and estate tax laws of the        lish and implement strategies to ensure access to
the discharge of the Administrator’s responsibil-
                                                     Federal Government, any money or other prop-          state-of-the-art educational technology within
ities under this subtitle.
   (e) SPECIAL RULE.—Notwithstanding any             erty given, donated, bequeathed, or devised to a      the District of Columbia public schools and pub-
other provision of law, the Administrator is au-     District of Columbia public school or a public        lic charter schools.
thorized to accept and use a conditioned gift        charter school, shall be deemed to have been             (2) ELECTRONIC DATA TRANSFER SYSTEM.—The
made for the express purpose of repairing or im-     given, donated, bequeathed, or devised to or for      private, nonprofit corporation shall assist the
proving a District of Columbia public school, ex-    the use of the District of Columbia.                  Superintendent in acquiring the necessary
cept that the Administrator shall not be required         Subtitle F—Partnerships With Business            equipment, including computer hardware and
to carry out any repair or improvement under         SEC. 2601. PURPOSE.                                   software, to establish an electronic data transfer
this section unless the Administrator accepts a        The purpose of this subtitle is—                    system. The private, nonprofit corporation shall
donation of private goods or services sufficient       (1) to leverage private sector funds utilizing      also assist in arranging for training of District
to cover the costs of such repair or improvement.    initial Federal investments in order to provide       of Columbia public school employees in using
   (f) EFFECTIVE DATE.—This subtitle shall cease     students and teachers within the District of Co-      such equipment.
to be effective on the earlier day specified in      lumbia public schools and public charter schools         (3) TECHNOLOGY ASSESSMENT.—
subsection (c)(4).                                   with access to state-of-the-art educational tech-        (A) IN GENERAL.—In establishing and imple-
SEC.   2552.
           FACILITIES REVITALIZATION PRO-            nology;                                               menting the strategies under paragraph (1), the
           GRAM.                                       (2) to establish a regional job training and em-    private, nonprofit corporation, not later than
  (a) PROGRAM.—Not later than 12 months after        ployment center;                                      September 1, 1996, shall provide for an assess-
the date of enactment of this Act, the Mayor           (3) to strengthen workforce preparation initia-     ment of the availability, on the date of enact-
and the District of Columbia Council in con-         tives for students within the District of Colum-      ment of this Act, of state-of-the-art educational
sultation with the Administrator, the Authority,     bia public schools and public charter schools;        technology within the District of Columbia pub-
the Board of Education, and the Superintend-           (4) to coordinate private sector investments in     lic schools and public charter schools.
ent, shall—                                                                                                   (B) CONDUCT OF ASSESSMENT.—In providing
                                                     carrying out this title; and
   (1) design and implement a comprehensive                                                                for the assessment under subparagraph (A), the
                                                       (5) to assist the Superintendent with the de-
long-term program for the repair and improve-                                                              private, nonprofit corporation—
                                                     velopment of individual career paths in accord-
ment, and maintenance and management, of the                                                                  (i) shall provide for onsite inspections of the
                                                     ance with the long-term reform plan.
District of Columbia public school facilities,                                                             state-of-the-art educational technology within a
                                                     SEC. 2602. DUTIES OF THE SUPERINTENDENT OF
which program shall incorporate the work com-                                                              minimum sampling of District of Columbia pub-
                                                                 THE DISTRICT OF COLUMBIA PUBLIC
pleted in accordance with the program described                  SCHOOLS.                                  lic schools and public charter schools; and
in section 2551(b)(2); and                                                                                    (ii) shall ensure proper input from students,
                                                       The Superintendent is authorized to provide a
   (2) designate a new or existing agency or au-                                                           parents, teachers, and other school officials
                                                     grant to a private, nonprofit corporation that
thority within the District of Columbia Govern-                                                            through the use of focus groups and other ap-
                                                     meets the eligibility criteria under section 2603
ment to administer such program.                                                                           propriate mechanisms.
                                                     for the purposes of carrying out the duties
   (b) PROCEEDS.—Such program shall include—                                                                  (C) RESULTS OF ASSESSMENT.—The private,
                                                     under sections 2604 and 2607.                         nonprofit corporation shall ensure that the as-
   (1) identifying short-term funding for capital    SEC. 2603. ELIGIBILITY CRITERIA FOR PRIVATE,
and maintenance of facilities, which may in-                                                               sessment carried out under this paragraph pro-
                                                                 NONPROFIT CORPORATION.
clude retaining proceeds from the sale or lease                                                            vides, at a minimum, necessary information on
                                                        A private, nonprofit corporation shall be eligi-   state-of-the-art educational technology within
of a District of Columbia public school facility;    ble to receive a grant under section 2602 if the
and                                                                                                        the District of Columbia public schools and pub-
                                                     corporation is a national business organization       lic charter schools, including—
   (2) identifying and designating long-term         incorporated in the District of Columbia, that—
funding for capital and maintenance of facili-                                                                (i) the extent to which typical District of Co-
                                                        (1) has a board of directors which includes        lumbia public schools have access to such state-
ties.                                                members who are also chief executive officers of
   (c) IMPLEMENTATION.—Upon implementation                                                                 of-the-art educational technology and training
                                                     technology-related corporations involved in edu-      for such technology;
of such program, the agency or authority cre-        cation and workforce development issues;
ated or designated pursuant to subsection (a)(2)                                                              (ii) how such schools are using such tech-
                                                        (2) has extensive practical experience with ini-   nology;
shall assume authority and responsibility for        tiatives that link business resources and exper-
the repair and improvement, and maintenance                                                                   (iii) the need for additional technology and
                                                     tise with education and training systems;             the need for infrastructure for the implementa-
and management, of District of Columbia public          (3) has experience in working with State and
schools.                                                                                                   tion of such additional technology;
                                                     local educational agencies throughout the Unit-          (iv) the need for computer hardware, soft-
                PART 2—WAIVERS                       ed States with respect to the integration of aca-     ware, training, and funding for such additional
SEC. 2561. WAIVERS.                                  demic studies with workforce preparation pro-         technology or infrastructure; and
  (a) IN GENERAL.—                                   grams; and                                               (v) the potential for computer linkages among
  (1) REQUIREMENTS WAIVED.—Subject to sub-              (4) has a nationwide structure through which       District of Columbia public schools and public
section (b), all District of Columbia fees and all   additional resources can be leveraged and inno-       charter schools.
requirements contained in the document entitled      vative practices disseminated.                           (4) SHORT-TERM TECHNOLOGY PLAN.—
‘‘District of Columbia Public Schools Standard       SEC. 2604. DUTIES OF THE PRIVATE, NONPROFIT              (A) IN GENERAL.—Based upon the results of
Contract Provisions’’ (as such document was in                   CORPORATION.                              the technology assessment under paragraph (3),
effect on November 2, 1995 and including any re-       (a) DISTRICT EDUCATION AND LEARNING TECH-           the private, nonprofit corporation shall develop
visions or modifications to such document) pub-      NOLOGIES ADVANCEMENT COUNCIL.—                        a 3-year plan that includes goals, priorities, and
lished by the District of Columbia public schools      (1) ESTABLISHMENT—The private, nonprofit            strategies for obtaining the resources necessary
for use with construction or maintenance             corporation shall establish a council to be           to implement strategies to ensure access to state-
April 25, 1996                                 CONGRESSIONAL RECORD — HOUSE                                                                        H3881
of-the-art educational technology within the          studies with workforce preparation programs in          (1) DELTA COUNCIL; ACCESS TO STATE-OF-THE-
District of Columbia public schools and public        District of Columbia public schools and public        ART EDUCATIONAL TECHNOLOGY; AND WORKFORCE
charter schools.                                      charter schools.                                      PREPARATION INITIATIVES.—There are author-
   (B) IMPLEMENTATION.—The private, nonprofit           (2) CONDUCT OF INITIATIVES.—In carrying out         ized to be appropriated to carry out subsections
corporation, in conjunction with schools, stu-        the initiatives under paragraph (1), the private,     (a), (b), and (d) of section 2604, $1,000,000 for
dents, parents, and teachers, shall implement         nonprofit corporation shall, at a minimum, ac-        each of the fiscal years 1997, 1998, and 1999.
the plan developed under subparagraph (A).            tively develop, expand, and promote the follow-         (2) DEAL CENTER.—There are authorized to be
   (5) LONG-TERM TECHNOLOGY PLAN.—Prior to            ing programs:                                         appropriated to carry out section 2604(c),
the completion of the implementation of the             (A) Career academy programs in secondary            $2,000,000 for each of the fiscal years 1997, 1998,
short-term technology plan under paragraph            schools, as such programs are established in cer-     and 1999.
(4), the private, nonprofit corporation shall de-     tain District of Columbia public schools, which         (3) JOBS FOR D.C. GRADUATES PROGRAM.—
velop a plan under which the corporation will         provide a school-within-a-school concept, focus-      There are authorized to be appropriated to carry
continue to coordinate the donation of private        ing on career preparation and the integration of      out section 2607—
sector resources for maintaining the continuous       the academy programs with vocational and                (A) $2,000,000 for fiscal year 1997; and
improvement and upgrading of state-of-the-art         technical curriculum.                                   (B) $3,000,000 for each of the fiscal years 1998
educational technology within the District of           (B) Programs carried out in the District of Co-     through 2001.
Columbia public schools and public charter            lumbia that are funded under the School-to-             (b) AVAILABILITY.—Amounts authorized to be
schools.                                              Work Opportunities Act of 1994 (20 U.S.C. 6101        appropriated under subsection (a) are author-
   (c) DISTRICT EMPLOYMENT AND LEARNING CEN-          et seq.).                                             ized to remain available until expended.
TER.—                                                                                                       SEC. 2609. TERMINATION OF FEDERAL SUPPORT;
                                                      SEC. 2605. MATCHING FUNDS.
   (1) ESTABLISHMENT.—The private, nonprofit                                                                            SENSE OF THE CONGRESS RELATING
                                                         The private, nonprofit corporation, to the ex-                 TO CONTINUATION OF ACTIVITIES.
corporation shall establish a center to be known      tent practicable, shall provide matching funds,
as the ‘‘District Employment and Learning Cen-                                                                (a) TERMINATION OF FEDERAL SUPPORT.—The
                                                      or in-kind contributions, or a combination            authority under this subtitle to provide assist-
ter’’ (in this subtitle referred to as the ‘‘cen-     thereof, for the purpose of carrying out the du-
ter’’), which shall serve as a regional institute                                                           ance to the private, nonprofit corporation or
                                                      ties of the corporation under section 2604, as fol-   any other entity established pursuant to this
providing job training and employment assist-         lows:
ance.                                                                                                       subtitle shall terminate on October 1, 1999.
                                                         (1) For fiscal year 1997, the nonprofit corpora-     (b) SENSE OF THE CONGRESS RELATING TO CON-
   (2) DUTIES.—                                       tion shall provide matching funds or in-kind          TINUATION OF ACTIVITIES.—It is the sense of the
   (A) JOB TRAINING AND EMPLOYMENT ASSIST-            contributions of $1 for every $1 of Federal funds
ANCE PROGRAM.—The center shall establish a
                                                                                                            Congress that—
                                                      provided under this subtitle for such year for          (1) the activities of the private, nonprofit cor-
program to provide job training and employment        activities under section 2604.                        poration under section 2604 should continue to
assistance in the District of Columbia and shall         (2) For fiscal year 1998, the nonprofit corpora-   be carried out after October 1, 1999, with re-
coordinate with career preparation programs in        tion shall provide matching funds or in-kind          sources made available from the private sector;
existence on the date of enactment of this Act,       contributions of $3 for every $1 of Federal funds     and
such as vocational education, school-to-work,         provided under this subtitle for such year for          (2) the corporation should provide oversight
and career academies in the District of Columbia      activities under section 2604.                        and coordination for such activities after such
public schools.                                          (3) For fiscal year 1999, the nonprofit corpora-   date.
   (B) CONDUCT OF PROGRAM.—In carrying out            tion shall provide matching funds or in-kind
the program established under subparagraph                                                                  Subtitle G—Management and Fiscal Account-
                                                      contributions of $5 for every $1 of Federal funds       ability; Preservation of School-Based Re-
(A), the center—                                      provided under this subtitle for such year for
   (i) shall provide job training and employment                                                              sources
                                                      activities under section 2604.
assistance to youths who have attained the age                                                              SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.
                                                      SEC. 2606. REPORT.
of 18 but have not attained the age of 26, who                                                                (a) FOOD SERVICES AND SECURITY SERVICES.—
                                                        The private, nonprofit corporation shall pre-       Notwithstanding any other law, rule, or regula-
are residents of the District of Columbia, and
                                                      pare and submit to the appropriate congres-           tion, the Board of Education shall enter into a
who are in need of such job training and em-
                                                      sional committees on a quarterly basis, or, with      contract for academic year 1995–1996 and each
ployment assistance for an appropriate period
                                                      respect to fiscal year 1997, on a semiannual          succeeding academic year, for the provision of
not to exceed 2 years;
   (ii) shall work to establish partnerships and      basis, a report which shall contain—                  all food services operations and security services
                                                        (1) the activities the corporation has carried      for the District of Columbia public schools, un-
enter into agreements with appropriate agencies
                                                      out, including the duties of the corporation de-      less the Superintendent determines that it is not
of the District of Columbia Government to serve
                                                      scribed in section 2604, for the 3-month period       feasible and provides the Superintendent’s rea-
individuals participating in appropriate Federal
                                                      ending on the date of the submission of the re-       sons in writing to the Board of Education and
programs, including programs under the Job
                                                      port, or, with respect to fiscal year 1997, the 6-    the Authority.
Training Partnership Act (29 U.S.C. 1501 et
                                                      month period ending on the date of the submis-          (b) DEVELOPMENT OF NEW MANAGEMENT AND
seq.), the Job Opportunities and Basic Skills
                                                      sion of the report;                                   DATA SYSTEMS.—Notwithstanding any other
Training Program under part F of title IV of the
                                                        (2) an assessment of the use of funds or other      law, rule, or regulation, the Board of Education
Social Security Act (42 U.S.C. 681 et seq.), the
                                                      resources donated to the corporation;                 shall, in academic year 1995–1996, consult with
Carl D. Perkins Vocational and Applied Tech-
                                                        (3) the results of the assessment carried out       the Authority on the development of new man-
nology Education Act (20 U.S.C. 2301 et seq.),
                                                      under section 2604(b)(3); and                         agement and data systems, as well as training of
and the School-to-Work Opportunities Act of             (4) a description of the goals and priorities of
1994 (20 U.S.C. 6101 et seq.);                                                                              personnel to use and manage the systems in
                                                      the corporation for the 3-month period begin-         areas of budget, finance, personnel and human
   (iii) shall conduct such job training, as appro-
                                                      ning on the date of the submission of the report,     resources, management information services,
priate, through a consortium of colleges, univer-
                                                      or, with respect to fiscal year 1997, the 6-month     procurement, supply management, and other
sities, community colleges, businesses, and other
                                                      period beginning on the date of the submission        systems recommended by the Authority. Such
appropriate providers, in the District of Colum-
                                                      of the report.                                        plans shall be consistent with, and contempora-
bia metropolitan area;
                                                      SEC. 2607. JOBS FOR D.C. GRADUATES PROGRAM.           neous to, the District of Columbia Government’s
   (iv) shall design modular training programs
that allow students to enter and leave the train-       (a) IN GENERAL.—The nonprofit corporation           development and implementation of a replace-
ing curricula depending on their opportunities        shall establish a program, to be known as the         ment for the financial management system for
for job assignments with employers; and               ‘‘Jobs for D.C. Graduates Program’’, to assist        the District of Columbia Government in use on
   (v) shall utilize resources from businesses to     District of Columbia public schools and public        the date of enactment of this Act.
enhance work-based learning opportunities and         charter schools in organizing and implementing        SEC. 2752. ACCESS TO FISCAL AND STAFFING
facilitate access by students to work-based           a school-to-work transition system, which sys-                   DATA.
learning and work experience through tem-             tem shall give priority to providing assistance to      (a) IN GENERAL.—The budget, financial-ac-
porary work assignments with employers in the         at-risk youths and disadvantaged youths.              counting, personnel, payroll, procurement, and
District of Columbia metropolitan area.                  (b) CONDUCT OF PROGRAM.—In carrying out            management information systems of the District
   (C) COMPENSATION.—The center may provide           the program established under subsection (a),         of Columbia public schools shall be coordinated
compensation to youths participating in the pro-      the nonprofit corporation, consistent with the        and interface with related systems of the Dis-
gram under this paragraph for part-time work          policies of the nationally recognized Jobs for        trict of Columbia Government.
assigned in conjunction with training. Such           America’s Graduates, Inc., shall—                       (b) ACCESS.—The Board of Education shall
compensation may include need-based payments             (1) establish performance standards for such       provide read-only access to its internal financial
and reimbursement of expenses.                        program;                                              management systems and all other data bases to
   (d) WORKFORCE PREPARATION INITIATIVES.—               (2) provide ongoing enhancement and im-            designated staff of the Mayor, the Council, the
   (1) IN GENERAL.—The private, nonprofit cor-        provements in such program;                           Authority, and appropriate congressional com-
poration shall establish initiatives with the Dis-       (3) provide research and reports on the results    mittees.
trict of Columbia public schools, and public          of such program; and                                  SEC. 2753. DEVELOPMENT OF FISCAL YEAR 1997
charter schools, appropriate governmental agen-          (4) provide preservice and inservice training.                 BUDGET REQUEST.
cies, and businesses and other private entities,      SEC. 2608. AUTHORIZATION OF APPROPRIATIONS.             (a) IN GENERAL.—The Board of Education
to facilitate the integration of rigorous academic      (a) AUTHORIZATION.—                                 shall develop its fiscal year 1997 gross operating
H3882                                           CONGRESSIONAL RECORD — HOUSE                                                           April 25, 1996
budget and its fiscal year 1997 appropriated           counselors, librarians, or other school-based         (c) STAFF.—With the approval of the Chair
funds budget request in accordance with this           educational positions that were established as of   and the Authority, the Executive Director may
section.                                               the end of fiscal year 1995, unless the Authority   appoint and fix the pay of additional personnel
  (b) FISCAL YEAR 1996 BUDGET REVISION.—Not            makes a determination based on student enroll-      as the Executive Director considers appropriate,
later than 60 days after enactment of this Act,        ment that—                                          except that no individual appointed by the Ex-
the Board of Education shall develop, approve,           (1) fewer school-based positions are needed to    ecutive Director may be paid at a rate greater
and submit to the Mayor, the District of Colum-        maintain established pupil-to-staff ratios; or      than the rate of pay for the Executive Director.
bia Council, the Authority, and appropriate              (2) reductions in positions for other than          (d) SPECIAL RULE.—The Board of Education,
congressional committees, a revised fiscal year        school-based employees are not practicable.         or the Authority, shall reprogram such funds, as
1996 gross operating budget that reflects the            (b) DEFINITION.—The term ‘‘school-based edu-      the Chair of the Consensus Commission shall in
amount appropriated in the District of Columbia        cational position’’ means a position located at a   writing request, subject to the approval of the
Appropriations Act, 1996, and which—                   District of Columbia public school or other posi-   Authority from amounts available to the Board
  (1) is broken out on the basis of appropriated       tion providing direct support to students at such   of Education.
funds and nonappropriated funds, control cen-          a school, including a position for a clerical,      SEC. 2852. PRIMARY PURPOSE AND FINDINGS.
ter, responsibility center, agency reporting code,     stenographic, or secretarial employee, but not        (a) PURPOSE.—The primary purpose of the
object class, and object; and                          including any part-time educational aide posi-      Consensus Commission is to assist in developing
  (2) indicates by position title, grade, and          tion.                                               a long-term reform plan that has the support of
agency reporting code, all staff allocated to          Subtitle H—Establishment and Organization           the District of Columbia community through the
each District of Columbia public school as of            of the Commission on Consensus Reform in          participation of representatives of various criti-
October 15, 1995, and indicates on an object             the District of Columbia Public Schools           cal segments of such community in helping to
class basis all other-than-personal-services fi-       SEC. 2851. COMMISSION ON CONSENSUS REFORM           develop and approve the plan.
nancial resources allocated to each school.                        IN THE DISTRICT OF COLUMBIA PUB-          (b) FINDINGS.—The Congress finds that—
  (c) ZERO-BASE BUDGET.—For fiscal year 1997,                      LIC SCHOOLS.                              (1) experience has shown that the failure of
the Board of Education shall build its gross op-         (a) ESTABLISHMENT.—                               the District of Columbia educational system has
erating budget and appropriated funds request            (1) IN GENERAL.—There is established within       been due more to the failure to implement a plan
from a zero-base, starting from the local school       the District of Columbia Government a Commis-       than the failure to develop a plan;
level through the central office level.                sion on Consensus Reform in the District of Co-       (2) national studies indicate that 50 percent of
  (d) SCHOOL-BY-SCHOOL BUDGETS.—The Board              lumbia Public Schools, consisting of 7 members      secondary school graduates lack basic literacy
of Education’s initial fiscal year 1997 gross oper-    to be appointed in accordance with paragraph        skills, and over 30 percent of the 7th grade stu-
ating budget and appropriated funds budget re-         (2).                                                dents in the District of Columbia public schools
quest submitted to the Mayor, the District of Co-        (2) MEMBERSHIP.—The Consensus Commission          drop out of school before graduating;
lumbia Council, and the Authority shall contain        shall consist of the following members:               (3) standard student assessments indicate only
school-by-school budgets and shall also—                 (A) 1 member to be appointed by the President     average performance for grade level and fail to
  (1) be broken out on the basis of appropriated       chosen from a list of 3 proposed members submit-    identify individual students who lack basic
funds and nonappropriated funds, control cen-          ted by the Majority Leader of the Senate.           skills, allowing too many students to graduate
ter, responsibility center, agency reporting code,       (B) 1 member to be appointed by the President     lacking these basic skills and diminishing the
object class, and object;                              chosen from a list of 3 proposed members submit-    worth of a diploma;
  (2) indicate by position title, grade, and agen-     ted by the Speaker of the House of Representa-        (4) experience has shown that successful
cy reporting code all staff budgeted for each          tives.                                              schools have good community, parent, and busi-
District of Columbia public school, and indicate         (C) 2 members to be appointed by the Presi-       ness involvement;
on an object class basis all other-than-personal-      dent, of which 1 shall represent the local busi-      (5) experience has shown that reducing drop-
services financial resources allocated to each         ness community and 1 of which shall be a teach-     out rates in the critical middle and secondary
school; and                                            er in a District of Columbia public school.         school years requires individual student involve-
  (3) indicate the amount and reason for all             (D) The President of the District of Columbia     ment and attention through such activities as
changes made to the initial fiscal year 1997 gross     Congress of Parents and Teachers.                   arts or athletics; and
operating budget and appropriated funds re-              (E) The President of the Board of Education.        (6) experience has shown that close coordina-
quest from the revised fiscal year 1996 gross op-        (F) The Superintendent.
                                                                                                           tion between educators and business persons is
erating budget required by subsection (b).               (G) The Mayor and District of Columbia
                                                                                                           required to provide noncollege-bound students
SEC. 2754. TECHNICAL AMENDMENTS.
                                                       Council Chairman shall each name 1 nonvoting
                                                                                                           the skills necessary for employment, and that
                                                       ex officio member.
  Section 1120A of the Elementary and Second-            (H) The Chief of the National Guard Bureau        personal attention is vitally important to assist
ary Education Act of 1965 (20 U.S.C. 6322) is          who shall be an ex officio member.                  each student in developing an appropriate ca-
amended—                                                 (3) TERMS OF SERVICE.—The members of the          reer path.
  (1) in subsection (b)(1), by—                        Consensus Commission shall serve for a term of      SEC. 2853. DUTIES AND POWERS OF THE CONSEN-
  (A) striking ‘‘(A) Except as provided in sub-        3 years.                                                        SUS COMMISSION.
paragraph (B), a State’’ and inserting ‘‘A               (4) VACANCIES.—Any vacancy in the member-           (a) PRIMARY RESPONSIBILITY.—The Board of
State’’; and                                           ship of the Consensus Commission shall be filled    Education and the Superintendent shall have
  (B) striking subparagraph (B); and                   by the appointment of a new member in the           primary responsibility for developing and imple-
  (2) by adding at the end thereof the following       same manner as provided for the vacated mem-        menting the long-term reform plan for education
new subsection:                                        bership. A member appointed under this para-        in the District of Columbia.
  ‘‘(d) EXCLUSION OF FUNDS.—For the purpose            graph shall serve the remaining term of the va-        (b) DUTIES.—The Consensus Commission
of complying with subsections (b) and (c), a           cated membership.                                   shall—
State or local educational agency may exclude            (5) QUALIFICATIONS.—Members of the Consen-           (1) identify any obstacles to implementation of
supplemental State or local funds expended in          sus Commission appointed under subparagraphs        the long-term reform plan and suggest ways to
any school attendance area or school for pro-          (A), (B), and (C) of paragraph (2) shall be resi-   remove such obstacles;
grams that meet the intent and purposes of this        dents of the District of Columbia and shall have       (2) assist in developing programs that—
part.’’.                                               a knowledge of public education in the District        (A) ensure every student in a District of Co-
SEC. 2755. EVEN START FAMILY LITERACY PRO-             of Columbia.                                        lumbia public school achieves basic literacy
            GRAMS.                                       (6) CHAIR.—The Chair of the Consensus Com-        skills;
  Part B of title I of the Elementary and Sec-         mission shall be chosen by the Consensus Com-          (B) ensure every such student possesses the
ondary Education Act of 1965 (20 U.S.C. 6361 et        mission from among its members, except that the     knowledge and skills necessary to think criti-
seq.) is amended—                                      President of the Board of Education and the Su-     cally and communicate effectively by the com-
  (a) in section 1204(a) (20 U.S.C. 6364(a)), by       perintendent shall not be eligible to serve as      pletion of grade 8; and
inserting ‘‘intensive’’ after ‘‘cost of providing’’;   Chair.                                                 (C) lower the dropout rate in the District of
and                                                      (7) NO COMPENSATION FOR SERVICE.—Members          Columbia public schools;
  (b) in section 1205(4) (20 U.S.C. 6365(4)), by in-   of the Consensus Commission shall serve with-          (3) assist in developing districtwide assess-
serting ‘‘, intensive’’ after ‘‘high-quality’’.        out pay, but may receive reimbursement for any      ments, including individual assessments, that
SEC. 2756. PRESERVATION OF SCHOOL-BASED                reasonable and necessary expenses incurred by       identify District of Columbia public school stu-
           STAFF POSITIONS.                            reason of service on the Consensus Commission.      dents who lack basic literacy skills, with par-
  (a) RESTRICTIONS ON REDUCTIONS OF SCHOOL-              (b) EXECUTIVE DIRECTOR.—The Consensus             ticular attention being given to grade 4 and the
BASED EMPLOYEES.—To the extent that a reduc-           Commission shall have an Executive Director         middle school years, and establish procedures to
tion in the number of full-time equivalent posi-       who shall be appointed by the Chair with the        ensure that a teacher is made accountable for
tions for the District of Columbia public schools      consent of the Consensus Commission. The Ex-        the performance of every such student in such
is required to remain within the number of full-       ecutive Director shall be paid at a rate deter-     teacher’s class;
time equivalent positions established for the          mined by the Consensus Commission, except              (4) make recommendations to improve commu-
public schools in appropriations Acts, no reduc-       that such rate may not exceed the highest rate      nity, parent, and business involvement in Dis-
tions shall be made from the full-time equivalent      of pay payable for level EG–16 of the Edu-          trict of Columbia public schools and public
positions for school-based teachers, principals,       cational Service of the District of Columbia.       charter schools;
April 25, 1996                                 CONGRESSIONAL RECORD — HOUSE                                                                       H3883
   (5) assess opportunities in the District of Co-    goals of such plan for such year. The Board of       available for assessment of the mineral potential
lumbia to increase individual student involve-        Education shall cooperate and assist in the re-      of public lands in Alaska pursuant to section
ment and attention through such activities as         view or audit as requested by the Consensus          1010 of Public Law 96–487 (16 U.S.C. 3150), and
arts or athletics, and make recommendations on        Commission.                                          of which $4,000,000 shall be derived from the
how to increase such involvement; and                   (b) AUDIT.—The Consensus Commission may            special receipt account established by section 4
   (6) assist in the establishment of procedures      examine and request the Inspector General of         of the Land and Water Conservation Fund Act
that ensure every District of Columbia public         the District of Columbia or the Authority to         of 1965, as amended (16 U.S.C. 460l–6a(i)): Pro-
school student is provided the skills necessary       audit the records of any public charter school to    vided, That appropriations herein made shall
for employment, including the development of          assure, monitor, and evaluate the performance        not be available for the destruction of healthy,
individual career paths.                              of the public charter school with respect to the     unadopted, wild horses and burros in the care
   (c) POWERS.—The Consensus Commission               content standards and districtwide assessments       of the Bureau or its contractors; and in addi-
shall have the following powers:                      described in section 2311(b). The Consensus          tion, $27,650,000 for Mining Law Administration
   (1) To monitor and comment on the develop-         Commission shall receive a copy of each public       program operations, to remain available until
ment and implementation of the long-term re-          charter school’s annual report.                      expended, to be reduced by amounts collected by
form plan.                                            SEC. 2856. INVESTIGATIVE POWERS.                     the Bureau of Land Management and credited
   (2) To exercise its authority, as provided in        The Consensus Commission may investigate           to this appropriation from annual mining claim
this subtitle, as necessary to facilitate implemen-   any action or activity which may hinder the          fees so as to result in a final appropriation esti-
tation of the long-term reform plan.                  progress of any part of the long-term reform         mated at not more than $567,453,000: Provided
   (3) To review and comment on the budgets of        plan. The Board of Education shall cooperate         further, That in addition to funds otherwise
the Board of Education, the District of Colum-        and assist the Consensus Commission in any in-       available, and to remain available until ex-
bia public schools and public charter schools.        vestigation. Reports of the findings of any such     pended, not to exceed $5,000,000 from annual
   (4) To recommend rules concerning the man-         investigation shall be provided to the Board of      mining claim fees shall be credited to this ac-
agement and direction of the Board of Edu-            Education, the Superintendent, the Mayor, the        count for the costs of administering the mining
cation that address obstacles to the development      District of Columbia Council, the Authority,         claim fee program, and $2,000,000 from commu-
or implementation of the long-term reform plan.       and the appropriate congressional committees.        nication site rental fees established by the Bu-
   (5) To review and comment on the core cur-         SEC. 2857. RECOMMENDATIONS OF THE CONSEN-            reau.
riculum for kindergarten through grade 12 de-                     SUS COMMISSION.                                    WILDLAND FIRE MANAGEMENT
veloped under subtitle C.                               (a) IN GENERAL.—The Consensus Commission             For necessary expenses for fire use and man-
   (6) To review and comment on a core curricu-       may at any time submit recommendations to the        agement,      fire   preparedness,      emergency
lum for prekindergarten, vocational and tech-         Board of Education, the Mayor, the District of       presuppression, suppression operations, emer-
nical training, and adult education.                  Columbia Council, the Authority, the Board of        gency rehabilitation, and renovation or con-
   (7) To review and comment on all other edu-        Trustees of any public charter school and the        struction of fire facilities in the Department of
cational programs carried out by the Board of         Congress with respect to actions the District of     the Interior, $235,924,000, to remain available
Education and public charter schools.                 Columbia Government or the Federal Govern-           until expended, of which not to exceed
   (8) To review and comment on the districtwide      ment should take to ensure implementation of         $5,025,000, shall be available for the renovation
assessments for measuring student achievement         the long-term reform plan.                           or construction of fire facilities: Provided, That
in the core curriculum developed under subtitle         (b) AUTHORITY ACTIONS.—Pursuant to the             notwithstanding any other provision of law,
C.                                                    District of Columbia Financial Responsibility        persons hired pursuant to 43 U.S.C. 1469 may be
   (9) To review and comment on the model pro-        and Management Assistance Act of 1995 or upon        furnished subsistence and lodging without cost
fessional development programs for teachers           the recommendation of the Consensus Commis-          from funds available from this appropriation:
using the core curriculum developed under sub-        sion, the Authority may take whatever actions        Provided further, That such funds are also
title C.                                              the Authority deems necessary to ensure the im-      available for repayment of advances to other ap-
   (d) LIMITATIONS.—
                                                      plementation of the long-term reform plan.           propriation accounts from which funds were
   (1) IN GENERAL.—Except as otherwise provided
                                                      SEC. 2858. EXPIRATION DATE.                          previously transferred for such purposes: Pro-
in this subtitle, the Consensus Commission shall
                                                        Except as otherwise provided in this subtitle,     vided further, That unobligated balances of
have no powers to involve itself in the manage-
                                                      this subtitle shall be effective during the period   amounts previously appropriated to the Fire
ment or operation of the Board of Education
                                                      beginning on the date of enactment of this Act       Protection and Emergency Department of the
with respect to the implementation of the long-
                                                      and ending 7 years after such date.                  Interior Firefighting Fund may be transferred or
term reform plan.
                                                         Subtitle I—Parent Attendance at Parent-           merged with this appropriation.
SEC. 2854. IMPROVING ORDER AND DISCIPLINE.
                                                                     Teacher Conferences                        CENTRAL HAZARDOUS MATERIALS FUND
  (a) COMMUNITY SERVICE REQUIREMENT FOR
SUSPENDED STUDENTS.—                                  SEC. 2901. POLICY.                                      For expenses necessary for use by the Depart-
  (1) IN GENERAL.—Any student suspended from                                                               ment of the Interior and any of its component
                                                        Notwithstanding any other provision of law,
classes at a District of Columbia public school                                                            offices and bureaus for the remedial action, in-
                                                      the Mayor is authorized to develop and imple-
who is required to serve the suspension outside                                                            cluding associated activities, of hazardous waste
                                                      ment a policy encouraging all residents of the
the school shall perform community service for                                                             substances, pollutants, or contaminants pursu-
                                                      District of Columbia with children attending a
the period of suspension. The community service                                                            ant to the Comprehensive Environmental Re-
                                                      District of Columbia public school to attend and
required by this subsection shall be subject to                                                            sponse, Compensation and Liability Act, as
                                                      participate in at least one parent-teacher con-
rules and regulations promulgated by the                                                                   amended (42 U.S.C. 9601 et seq.), $10,000,000, to
                                                      ference every 90 days during the academic year.
Mayor.                                                                                                     remain available until expended: Provided,
                                                        This title may be cited as the ‘‘District of Co-
   (2) EFFECTIVE DATE.—This subsection shall                                                               That, notwithstanding 31 U.S.C. 3302, sums re-
                                                      lumbia School Reform Act of 1995’’.
take effect on the first day of the 1996–1997 aca-                                                         covered from or paid by a party in advance of
                                                        (c) For programs, projects or activities in the
demic year.                                                                                                or as reimbursement for remedial action or re-
                                                      Department of the Interior and Related Agen-
   (b) EXPIRATION DATE.—This section, and sec-                                                             sponse activities conducted by the Department
                                                      cies Appropriations Act, 1996, provided as fol-
tions 2101(b)(1)(K) and 2851(a)(2)(H), shall cease                                                         pursuant to sections 107 or 113(f) of the Com-
                                                      lows, to be effective as if it had been enacted
to be effective on the last day of the 1997–1998                                                           prehensive Environmental Response, Compensa-
                                                      into law as the regular appropriations Act:
academic year.                                                                                             tion and Liability Act, as amended (42 U.S.C.
                                                      AN ACT Making appropriations for the Depart-         9607 or 9613(f)), shall be credited to this account
   (c) REPORT.—The Consensus Commission shall           ment of the Interior and related agencies for
study the effectiveness of the policies imple-                                                             and shall be available without further appro-
                                                        the fiscal year ending September 30, 1996, and     priation and shall remain available until ex-
mented pursuant to this section in improving            for other purposes
order and discipline in District of Columbia pub-                                                          pended: Provided further, That such sums re-
lic schools and report its findings to the appro-      TITLE I—DEPARTMENT OF THE INTERIOR                  covered from or paid by any party are not lim-
priate congressional committees not later than                 BUREAU OF LAND MANAGEMENT                   ited to monetary payments and may include
60 days prior to the last day of the 1997–1998                                                             stocks, bonds or other personal or real property,
                                                          MANAGEMENT OF LANDS AND RESOURCES
academic year.                                                                                             which may be retained, liquidated, or otherwise
                                                         For expenses necessary for protection, use, im-   disposed of by the Secretary of the Interior and
SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.            provement, development, disposal, cadastral sur-     which shall be credited to this account.
  (a) IN GENERAL.—The Consensus Commission            veying, classification, acquisition of easements
                                                                                                                      CONSTRUCTION AND ACCESS
may examine and request the Inspector General         and other interests in lands, and performance of
of the District of Columbia or the Authority to       other functions, including maintenance of fa-           For acquisition of lands and interests therein,
audit the records of the Board of Education to        cilities, as authorized by law, in the manage-       and construction of buildings, recreation facili-
ensure, monitor, and evaluate the performance         ment of lands and their resources under the ju-      ties, roads, trails, and appurtenant facilities,
of the Board of Education with respect to com-        risdiction of the Bureau of Land Management,         $3,115,000, to remain available until expended.
pliance with the long-term reform plan and such       including the general administration of the Bu-                 PAYMENTS IN LIEU OF TAXES
plan’s overall educational achievement. The           reau, and assessment of mineral potential of           For expenses necessary to implement the Act
Consensus Commission shall conduct an annual          public lands pursuant to Public Law 96–487 (16       of October 20, 1976, as amended (31 U.S.C. 6901–
review of the educational performance of the          U.S.C. 3150(a)), $567,453,000, to remain available   07), $113,500,000, of which not to exceed $400,000
Board of Education with respect to meeting the        until expended, of which $2,000,000 shall be         shall be available for administrative expenses.
H3884                                          CONGRESSIONAL RECORD — HOUSE                                                              April 25, 1996
                LAND ACQUISITION                      propriated such amounts as may be contributed          fect on such date, and continue in effect for
  For expenses necessary to carry out the provi-      under section 307 of the Act of October 21, 1976       such period (not to extend beyond the period in
sions of sections 205, 206, and 318(d) of Public      (43 U.S.C. 1701), and such amounts as may be           which the preceeding proviso would otherwise
Law 94–579 including administrative expenses          advanced for administrative costs, surveys, ap-        be in effect), as the President may determine,
and acquisition of lands or waters, or interests      praisals, and costs of making conveyances of           and shall be reported to the Congress.
therein, $12,800,000 to be derived from the Land      omitted lands under section 211(b) of that Act,                         CONSTRUCTION
and Water Conservation Fund, to remain avail-         to remain available until expended.                       For construction and acquisition of buildings
able until expended.                                             ADMINISTRATIVE PROVISIONS                   and other facilities required in the conservation,
     OREGON AND CALIFORNIA GRANT LANDS                  Appropriations for the Bureau of Land Man-           management, investigation, protection, and uti-
  For expenses necessary for management, pro-         agement shall be available for purchase, erec-         lization of fishery and wildlife resources, and
tection, and development of resources and for         tion, and dismantlement of temporary struc-            the acquisition of lands and interests therein;
construction, operation, and maintenance of ac-       tures, and alteration and maintenance of nec-          $37,655,000, to remain available until expended.
cess roads, reforestation, and other improve-         essary buildings and appurtenant facilities to          NATURAL RESOURCE DAMAGE ASSESSMENT FUND
ments on the revested Oregon and California           which the United States has title; up to $100,000        To conduct natural resource damage assess-
Railroad grant lands, on other Federal lands in       for payments, at the discretion of the Secretary,      ment activities by the Department of the Interior
the Oregon and California land-grant counties         for information or evidence concerning viola-          necessary to carry out the provisions of the
of Oregon, and on adjacent rights-of-way; and         tions of laws administered by the Bureau of            Comprehensive Environmental Response, Com-
acquisition of lands or interests therein includ-     Land Management; miscellaneous and emer-               pensation, and Liability Act, as amended (42
ing existing connecting roads on or adjacent to       gency expenses of enforcement activities author-       U.S.C. 9601, et seq.), Federal Water Pollution
such grant lands; $97,452,000, to remain avail-       ized or approved by the Secretary and to be ac-        Control Act, as amended (33 U.S.C. 1251, et
able until expended: Provided, That 25 per cen-       counted for solely on his certificate, not to ex-      seq.), the Oil Pollution Act of 1990 (Public Law
tum of the aggregate of all receipts during the       ceed $10,000: Provided, That notwithstanding 44        101–380), and the Act of July 27, 1990 (Public
current fiscal year from the revested Oregon and      U.S.C. 501, the Bureau may, under cooperative          Law 101–337); $4,000,000, to remain available
California Railroad grant lands is hereby made        cost-sharing and partnership arrangements au-          until expended: Provided, That sums provided
a charge against the Oregon and California            thorized by law, procure printing services from        by any party in fiscal year 1996 and thereafter
land-grant fund and shall be transferred to the       cooperators in connection with jointly-produced        are not limited to monetary payments and may
General Fund in the Treasury in accordance            publications for which the cooperators share the       include stocks, bonds or other personal or real
with the provisions of the second paragraph of        cost of printing either in cash or in services, and    property, which may be retained, liquidated or
subsection (b) of title II of the Act of August 28,   the Bureau determines the cooperator is capable        otherwise disposed of by the Secretary and such
1937 (50 Stat. 876).                                  of meeting accepted quality standards.                 sums or properties shall be utilized for the res-
              RANGE IMPROVEMENTS                         UNITED STATES FISH AND WILDLIFE SERVICE             toration of injured resources, and to conduct
   For rehabilitation, protection, and acquisition                 RESOURCE MANAGEMENT                       new damage assessment activities.
of lands and interests therein, and improvement          For expenses necessary for scientific and eco-                      LAND ACQUISITION
of Federal rangelands pursuant to section 401 of      nomic studies, conservation, management, inves-          For expenses necessary to carry out the provi-
the Federal Land Policy and Management Act            tigations, protection, and utilization of fishery      sions of the Land and Water Conservation Fund
of 1976 (43 U.S.C. 1701), notwithstanding any         and wildlife resources, except whales, seals, and      Act of 1965, as amended (16 U.S.C. 460l–4–11),
other Act, sums equal to 50 per centum of all         sea lions, and for the performance of other au-        including administrative expenses, and for ac-
moneys received during the prior fiscal year          thorized functions related to such resources; for      quisition of land or waters, or interest therein,
under sections 3 and 15 of the Taylor Grazing         the general administration of the United States        in accordance with statutory authority applica-
Act (43 U.S.C. 315 et seq.) and the amount des-       Fish and Wildlife Service; and for maintenance         ble to the United States Fish and Wildlife Serv-
ignated for range improvements from grazing           of the herd of long-horned cattle on the Wichita       ice, $36,900,000, to be derived from the Land and
fees and mineral leasing receipts from                Mountains Wildlife Refuge; and not less than           Water Conservation Fund, to remain available
Bankhead-Jones lands transferred to the De-           $1,000,000 for high priority projects within the       until expended.
partment of the Interior pursuant to law, but         scope of the approved budget which shall be                   COOPERATIVE ENDANGERED SPECIES
not less than $9,113,000, to remain available         carried out by the Youth Conservation Corps as                      CONSERVATION FUND
until expended: Provided, That not to exceed          authorized by the Act of August 13, 1970, as             For expenses necessary to carry out the provi-
$600,000 shall be available for administrative ex-    amended by Public Law 93–408, $501,010,000, to         sions of the Endangered Species Act of 1973 (16
penses.                                               remain available for obligation until September        U.S.C. 1531–1543), as amended by Public Law
  SERVICE CHARGES, DEPOSITS, AND FORFEITURES          30, 1997, of which $4,000,000 shall be available       100–478, $8,085,000 for grants to States, to be de-
   For administrative expenses and other costs        for activities under section 4 of the Endangered       rived from the Cooperative Endangered Species
related to processing application documents and       Species Act of 1973 (16 U.S.C. 1533), of which         Conservation Fund, and to remain available
other authorizations for use and disposal of          $11,557,000 shall be available until expended for      until expended.
public lands and resources, for costs of provid-      operation and maintenance of fishery mitigation                NATIONAL WILDLIFE REFUGE FUND
ing copies of official public land documents, for     facilities constructed by the Corps of Engineers         For expenses necessary to implement the Act
monitoring construction, operation, and termi-        under the Lower Snake River Compensation               of October 17, 1978 (16 U.S.C. 715s), $10,779,000.
nation of facilities in conjunction with use au-      Plan, authorized by the Water Resources Devel-
                                                                                                                        REWARDS AND OPERATIONS
thorizations, and for rehabilitation of damaged       opment Act of 1976 (90 Stat. 2921), to compensate
property, such amounts as may be collected            for loss of fishery resources from water develop-        For expenses necessary to carry out the provi-
under sections 209(b), 304(a), 304(b), 305(a), and    ment projects on the Lower Snake River: Pro-           sions of the African Elephant Conservation Act
504(g) of the Act approved October 21, 1976 (43       vided, That unobligated and unexpended bal-            (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–
U.S.C. 1701), and sections 101 and 203 of Public      ances in the Resource Management account at            4245, and 1538), $600,000, to remain available
Law 93–153, to be immediately available until         the end of fiscal year 1995, shall be merged with      until expended.
expended: Provided, That notwithstanding any          and made a part of the fiscal year 1996 Resource       NORTH AMERICAN WETLANDS CONSERVATION FUND
provision to the contrary of section 305(a) of the    Management appropriation, and shall remain               For expenses necessary to carry out the provi-
Act of October 21, 1976 (43 U.S.C. 1735(a)), any      available for obligation until September 30, 1997:     sions of the North American Wetlands Conserva-
moneys that have been or will be received pursu-      Provided further, That no monies appropriated          tion Act, Public Law 101–233, $6,750,000, to re-
ant to that section, whether as a result of for-      under this or any other Act shall be used by the       main available until expended.
feiture, compromise, or settlement, if not appro-     Secretary of the Interior or by the Secretary of       LAHONTAN VALLEY AND PYRAMID LAKE FISH AND
priate for refund pursuant to section 305(c) of       Commerce to implement subsections (a), (b), (c),                    WILDLIFE FUND
that Act (43 U.S.C. 1735(c)), shall be available      (e), (g) or (i) of section 4 of the Endangered Spe-       For carrying out section 206(f) of Public Law
and may be expended under the authority of            cies Act of 1973 (16 U.S.C. 1533), until such time     101–618, such sums as have previously been cred-
this or subsequent appropriations Acts by the         as legislation reauthorizing the Act is enacted or     ited or may be credited hereafter to the
Secretary to improve, protect, or rehabilitate        until the end of fiscal year 1996, whichever is        Lahontan Valley and Pyramid Lake Fish and
any public lands administered through the Bu-         earlier, except that monies may be used to delist      Wildlife Fund, to be available until expended
reau of Land Management which have been               or reclassify species pursuant to sections             without further appropriation.
damaged by the action of a resource developer,        4(a)(2)(B), 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the     RHINOCEROS AND TIGER CONSERVATION FUND
purchaser, permittee, or any unauthorized per-        Endangered Species Act, and to issue emergency
son, without regard to whether all moneys col-        listings under section 4(b)(7) of the Endangered         For deposit to the Rhinoceros and Tiger Con-
lected from each such forfeiture, compromise, or      Species Act: Provided further, That the Presi-         servation Fund, $200,000, to remain available
settlement are used on the exact lands damage         dent is authorized to suspend the provisions of        until expended, to be available to carry out the
to which led to the forfeiture, compromise, or        the preceeding proviso if he determines that           provisions of the Rhinoceros and Tiger Con-
settlement: Provided further, That such moneys        such suspension is appropriate based upon the          servation Act of 1994 (Public Law 103–391).
are in excess of amounts needed to repair dam-        public interest in sound environmental manage-           WILDLIFE CONSERVATION AND APPRECIATION
age to the exact land for which collected.            ment, sustainable resource use, protection of na-                        FUND
          MISCELLANEOUS TRUST FUNDS                   tional or locally-affected interests, or protection      For deposit to the Wildlife Conservation and
  In addition to amounts authorized to be ex-         of any cultural, biological or historic resources.     Appreciation Fund, $800,000, to remain avail-
pended under existing law, there is hereby ap-        Any suspension by the President shall take ef-         able until expended.
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                      H3885
          ADMINISTRATIVE PROVISIONS                  trucking permittees on a reimbursable basis),        ing any day in which either House of Congress
   Appropriations and funds available to the         and for the general administration of the Na-        is not in session because of adjournment of more
United States Fish and Wildlife Service shall be     tional Park Service, including not to exceed         than three calendar days to a day certain) from
available for purchase of not to exceed 113 pas-     $1,593,000 for the Volunteers-in-Parks program,      the receipt by the Speaker of the House of Rep-
senger motor vehicles; not to exceed $400,000 for    and not less than $1,000,000 for high priority       resentatives and the President of the Senate of
payment, at the discretion of the Secretary, for     projects within the scope of the approved budget     a full and comprehensive report on the develop-
information, rewards, or evidence concerning         which shall be carried out by the Youth Con-         ment of the southern end of Ellis Island, includ-
violations of laws administered by the United        servation Corps as authorized by the Act of Au-      ing the facts and circumstances relied upon in
States Fish and Wildlife Service, and mis-           gust 13, 1970, as amended by Public Law 93–408,      support of the proposed project.
cellaneous and emergency expenses of enforce-        $1,082,481,000, without regard to the Act of Au-        None of the funds in this Act may be spent by
ment activities, authorized or approved by the       gust 24, 1912, as amended (16 U.S.C. 451), of        the National Park Service for activities taken in
Secretary and to be accounted for solely on his      which not to exceed $72,000,000, to remain avail-    direct response to the United Nations Biodiver-
certificate; repair of damage to public roads        able until expended is to be derived from the        sity Convention.
within and adjacent to reservation areas caused      special fee account established pursuant to title       The National Park Service may enter into co-
by operations of the United States Fish and          V, section 5201, of Public Law 100–203.              operative agreements that involve the transfer of
Wildlife Service; options for the purchase of           NATIONAL RECREATION AND PRESERVATION              National Park Service appropriated funds to
land at not to exceed $1 for each option; facili-      For expenses necessary to carry out recreation     State, local and tribal governments, other public
ties incident to such public recreational uses on    programs, natural programs, cultural programs,       entities, educational institutions, and private
conservation areas as are consistent with their      environmental compliance and review, inter-          nonprofit organizations for the public purpose
primary purpose; and the maintenance and im-         national park affairs, statutory or contractual      of carrying out National Park Service programs.
provement of aquaria, buildings, and other fa-       aid for other activities, and grant administra-         The National Park Service shall, within exist-
cilities under the jurisdiction of the United        tion, not otherwise provided for, $37,649,000:       ing funds, conduct a Feasibility Study for a
States Fish and Wildlife Service and to which        Provided, That $236,000 of the funds provided        northern access route into Denali National Park
the United States has title, and which are uti-      herein are for the William O. Douglas Outdoor        and Preserve in Alaska, to be completed within
lized pursuant to law in connection with man-        Education Center, subject to authorization.          one year of the enactment of this Act and sub-
agement and investigation of fish and wildlife                HISTORIC PRESERVATION FUND
                                                                                                          mitted to the House and Senate Committees on
resources: Provided, That notwithstanding 44                                                              Appropriations and to the Senate Committee on
                                                       For expenses necessary in carrying out the
U.S.C. 501, the Service may, under cooperative                                                            Energy and Natural Resources and the House
                                                     provisions of the Historic Preservation Act of
cost sharing and partnership arrangements au-                                                             Committee on Resources. The Feasibility Study
                                                     1966 (80 Stat. 915), as amended (16 U.S.C. 470),
thorized by law, procure printing services from                                                           shall ensure that resource impacts from any
                                                     $36,212,000, to be derived from the Historic Pres-
cooperators in connection with jointly-produced                                                           plan to create such access route are evaluated
                                                     ervation Fund, established by section 108 of that
publications for which the cooperators share at                                                           with accurate information and according to a
                                                     Act, as amended, to remain available for obliga-
least one-half the cost of printing either in cash                                                        process that takes into consideration park val-
                                                     tion until September 30, 1997.
or services and the Service determines the co-                                                            ues, visitor needs, a full range of alternatives,
                                                                      CONSTRUCTION
operator is capable of meeting accepted quality                                                           the viewpoints of all interested parties, includ-
standards: Provided further, That the United           For construction, improvements, repair or re-      ing the tourism industry and the State of Alas-
States Fish and Wildlife Service may accept do-      placement of physical facilities, $143,225,000, to   ka, and potential needs for compliance with the
nated aircraft as replacements for existing air-     remain available until expended: Provided, That      National Environmental Policy Act. The Study
craft: Provided further, That notwithstanding        not to exceed $4,500,000 of the funds provided       shall also address the time required for develop-
any other provision of law, the Secretary of the     herein shall be paid to the Army Corps of Engi-      ment of alternatives and identify all associated
Interior may not spend any of the funds appro-       neers for modifications authorized by section 104    costs.
priated in this Act for the purchase of lands or     of the Everglades National Park Protection and          This Feasibility Study shall be conducted sole-
interests in lands to be used in the establishment   Expansion Act of 1989: Provided further, That        ly by the National Park Service planning per-
of any new unit of the National Wildlife Refuge      funds provided under this head, derived from         sonnel permanently assigned to National Park
System unless the purchase is approved in ad-        the Historic Preservation Fund, established by       Service offices located in the State of Alaska in
vance by the House and Senate Committees on          the Historic Preservation Act of 1966 (80 Stat.      consultation with the State of Alaska Depart-
Appropriations in compliance with the re-            915), as amended (16 U.S.C. 470), may be avail-      ment of Transportation.
programming procedures contained in House Re-        able until expended to render sites safe for visi-
                                                                                                                 UNITED STATES GEOLOGICAL SURVEY
port 103–551: Provided further, That none of the     tors and for building stabilization.
                                                                                                               SURVEYS, INVESTIGATIONS, AND RESEARCH
funds made available in this Act may be used by           LAND AND WATER CONSERVATION FUND
                                                                                                             For expenses necessary for the United States
the U. S. Fish and Wildlife Service to impede or                       (RESCISSION)
                                                                                                          Geological Survey to perform surveys, investiga-
delay the issuance of a wetlands permit by the         The contract authority provided for fiscal         tions, and research covering topography, geol-
U. S. Army Corps of Engineers to the City of         year 1996 by 16 U.S.C. 460l–10a is rescinded.        ogy, hydrology, and the mineral and water re-
Lake Jackson, Texas, for the development of a            LAND ACQUISITION AND STATE ASSISTANCE            sources of the United States, its Territories and
public golf course west of Buffalo Camp Bayou          For expenses necessary to carry out the provi-     possessions, and other areas as authorized by
between the Brazos River and Highway 332:            sions of the Land and Water Conservation Fund        law (43 U.S.C. 31, 1332 and 1340); classify lands
Provided further, That the Director of the Fish      Act of 1965, as amended (16 U.S.C. 460l–4–11),       as to their mineral and water resources; give en-
and Wildlife Service may charge reasonable fees      including administrative expenses, and for ac-       gineering supervision to power permittees and
for expenses to the Federal Government for pro-      quisition of lands or waters, or interest therein,   Federal Energy Regulatory Commission licens-
viding training by the National Education and        in accordance with statutory authority applica-      ees; administer the minerals exploration pro-
Training Center: Provided further, That all          ble to the National Park Service, $49,100,000, to    gram (30 U.S.C. 641); and publish and dissemi-
training fees collected shall be available to the    be derived from the Land and Water Conserva-         nate data relative to the foregoing activities;
Director, until expended, without further appro-     tion Fund, to remain available until expended,       and to conduct inquiries into the economic con-
priation, to be used for the costs of training and   and of which $1,500,000 is to administer the         ditions affecting mining and materials process-
education provided by the National Education         State assistance program: Provided, That any         ing industries (30 U.S.C. 3, 21a, and 1603; 50
and Training Center: Provided further, That          funds made available for the purpose of acquisi-     U.S.C. 98g(1)) and related purposes as author-
with respect to lands leased for farming pursu-      tion of the Elwha and Glines dams shall be used      ized by law and to publish and disseminate
ant to Public Law 88–567, if for any reason the      solely for acquisition, and shall not be expended    data; $730,163,000, of which $62,130,000 shall be
Secretary disapproves for use in 1996 or does not    until the full purchase amount has been appro-       available for cooperation with States or munici-
finally approve for use in 1996 any pesticide or     priated by the Congress.                             palities for water resources investigations, and
chemical which was approved for use in 1995 or                 ADMINISTRATIVE PROVISIONS                  of which $137,000,000 for resource research and
had been requested for use in 1996 by the sub-         Appropriations for the National Park Service       the operations of Cooperative Research Units
mission of a pesticide use proposal as of Septem-    shall be available for the purchase of not to ex-    shall remain available until September 30, 1997,
ber 19, 1995, none of the funds in this Act may      ceed 518 passenger motor vehicles, of which 323      and of which $16,000,000 shall remain available
be used to develop, implement, or enforce regu-      shall be for replacement only, including not to      until expended for conducting inquiries into the
lations or policies (including pesticide use pro-    exceed 411 for police-type use, 12 buses, and 5      economic conditions affecting mining and mate-
posals) related to the use of chemicals and pest     ambulances: Provided, That none of the funds         rials processing industries: Provided, That no
management that are more restrictive than the        appropriated to the National Park Service may        part of this appropriation shall be used to pay
requirements of applicable State and Federal         be used to process any grant or contract docu-       more than one-half the cost of any topographic
laws related to the use of chemicals and pest        ments which do not include the text of 18 U.S.C.     mapping or water resources investigations car-
management practices on non-Federal lands.           1913: Provided further, That none of the funds       ried on in cooperation with any State or munici-
             NATIONAL PARK SERVICE                   appropriated to the National Park Service may        pality: Provided further, That funds available
   OPERATION OF THE NATIONAL PARK SYSTEM             be used to implement an agreement for the rede-      herein for resource research may be used for the
   For expenses necessary for the management,        velopment of the southern end of Ellis Island        purchase of not to exceed 61 passenger motor ve-
operation, and maintenance of areas and facili-      until such agreement has been submitted to the       hicles, of which 55 are for replacement only:
ties administered by the National Park Service       Congress and shall not be implemented prior to       Provided further, That none of the funds avail-
(including special road maintenance service to       the expiration of 30 calendar days (not includ-      able under this head for resource research shall
H3886                                         CONGRESSIONAL RECORD — HOUSE                                                            April 25, 1996
be used to conduct new surveys on private prop-      agement activities; and an amount not to exceed      ter in Oregon; and (3) the functions pertaining
erty, including new aerial surveys for the des-      $15,400,000 for the Technical Information Man-       to mineral reclamation industries and the devel-
ignation of habitat under the Endangered Spe-        agement System and Related Activities of the         opment of methods for the disposal, control, pre-
cies Act, except when it is made known to the        Outer Continental Shelf (OCS) Lands Activity,        vention, and reclamation of mineral waste prod-
Federal official having authority to obligate or     to be credited to this appropriation and to re-      ucts vested by law in the Secretary of the Inte-
expend such funds that the survey or research        main available until expended, from additions to     rior or the United States Bureau of Mines and
has been requested and authorized in writing by      receipts resulting from increases to rates in ef-    performed in fiscal year 1995 by the United
the property owner or the owner’s authorized         fect on August 5, 1993, from rate increases to fee   States Bureau of Mines at its Pittsburgh Re-
representative: Provided further, That none of       collections for OCS administrative activities per-   search Center in Pennsylvania: Provided fur-
the funds provided herein for resource research      formed by the Minerals Management Service            ther, That, if any of the same functions were
may be used to administer a volunteer program        over and above the rates in effect on September      performed in fiscal year 1995 at locations other
when it is made known to the Federal official        30, 1993, and from additional fees for OCS ad-       than those listed above, such functions shall not
having authority to obligate or expend such          ministrative activities established after Septem-    be transferred to the Secretary of Energy from
funds that the volunteers are not properly           ber 30, 1993: Provided, That beginning in fiscal     those other locations: Provided further, That
trained or that information gathered by the vol-     year 1996 and thereafter, fees for royalty rate      the Director of the Office of Management and
unteers is not carefully verified: Provided fur-     relief applications shall be established (and re-    Budget, in consultation with the Secretary of
ther, That no later than April 1, 1996, the Direc-   vised as needed) in Notices to Lessees, and shall    Energy and the Secretary of the Interior, is au-
tor of the United States Geological Survey shall     be credited to this account in the program areas     thorized to make such determinations as may be
issue agency guidelines for resource research        performing the function, and remain available        necessary with regard to the transfer of func-
that ensure that scientific and technical peer re-   until expended for the costs of administering the    tions which relate to or are used by the Depart-
view is utilized as fully as possible in selection   royalty rate relief authorized by 43 U.S.C.          ment of the Interior, or component thereof af-
of projects for funding and ensure the validity      1337(a)(3): Provided further, That $1,500,000 for    fected by this transfer of functions, and to make
and reliability of research and data collection      computer acquisitions shall remain available         such dispositions of personnel, facilities, assets,
on Federal lands: Provided further, That no          until September 30, 1997: Provided further, That     liabilities, contracts, property, records, and un-
funds available for resource research may be         funds appropriated under this Act shall be           expended balances of appropriations, authoriza-
used for any activity that was not authorized        available for the payment of interest in accord-     tions, allocations, and other funds held, used,
prior to the establishment of the National Bio-      ance with 30 U.S.C. 1721 (b) and (d): Provided       arising from, available to or to be made avail-
logical Survey: Provided further, That once          further, That not to exceed $3,000 shall be avail-   able in connection with, the functions trans-
every five years the National Academy of             able for reasonable expenses related to promot-      ferred herein as are deemed necessary to accom-
Sciences shall review and report on the resource     ing volunteer beach and marine cleanup activi-       plish the purposes of this transfer: Provided fur-
research activities of the Survey: Provided fur-     ties: Provided further, That notwithstanding         ther, That all reductions in personnel com-
ther, That if specific authorizing legislation is    any other provision of law, $15,000 under this       plements resulting from the provisions of this
enacted during or before the start of fiscal year    head shall be available for refunds of overpay-      Act shall, as to the functions transferred to the
1996, the resource research component of the         ments in connection with certain Indian leases       Secretary of Energy, be done by the Secretary of
Survey should comply with the provisions of          in which the Director of the Minerals Manage-        the Interior as though these transfers had not
that legislation: Provided further, That unobli-     ment Service concurred with the claimed refund       taken place but had been required of the De-
gated and unexpended balances in the National        due, to pay amounts owed to Indian allottees or      partment of the Interior by all other provisions
Biological Survey, Research, inventories and         Tribes, or to correct prior unrecoverable erro-      of this Act before the transfers of function be-
surveys account at the end of fiscal year 1995,      neous payments: Provided further, That begin-        came effective: Provided further, That the trans-
shall be merged with and made a part of the          ning in fiscal year 1996 and thereafter, the Sec-    fers of function to the Secretary of Energy shall
United States Geological Survey, Surveys, inves-     retary shall take appropriate action to collect      become effective on the date specified by the Di-
tigations, and research account and shall re-        unpaid and underpaid royalties and late pay-         rector of the Office of Management and Budget,
main available for obligation until September 30,    ment interest owed by Federal and Indian min-        but in no event later than 90 days after enact-
1996: Provided further, That the authority           eral lessees and other royalty payors on             ment into law of this Act: Provided further,
granted to the United States Bureau of Mines to      amounts received in settlement or other resolu-      That the reference to ‘‘function’’ includes, but
conduct mineral surveys and to determine min-        tion of disputes under, and for partial or com-      is not limited to, any duty, obligation, power,
eral values by section 603 of Public Law 94–579      plete termination of, sales agreements for min-      authority, responsibility, right, privilege, and
is hereby transferred to, and vested in, the Di-     erals from Federal and Indian leases.                activity, or the plural thereof, as the case may
rector of the United States Geological Survey.                     OIL SPILL RESEARCH                     be.
          ADMINISTRATIVE PROVISIONS                    For necessary expenses to carry out the pur-                 ADMINISTRATIVE PROVISIONS
  The amount appropriated for the United             poses of title I, section 1016, title IV, sections
                                                                                                             The Secretary is authorized to accept lands,
States Geological Survey shall be available for      4202 and 4303, title VII, and title VIII, section
                                                                                                          buildings, equipment, other contributions, and
purchase of not to exceed 22 passenger motor ve-     8201 of the Oil Pollution Act of 1990, $6,440,000,
                                                                                                          fees from public and private sources, and to
hicles, for replacement only; reimbursement to       which shall be derived from the Oil Spill Liabil-
                                                                                                          prosecute projects using such contributions and
the General Services Administration for security     ity Trust Fund, to remain available until ex-
                                                                                                          fees in cooperation with other Federal, State or
guard services; contracting for the furnishing of    pended.
                                                                                                          private agencies: Provided, That the Bureau of
topographic maps and for the making of geo-                          BUREAU OF MINES                      Mines is authorized, during the current fiscal
physical or other specialized surveys when it is                   MINES AND MINERALS                     year, to sell directly or through any Government
administratively determined that such proce-           For expenses necessary for, and incidental to,     agency, including corporations, any metal or
dures are in the public interest; construction       the closure of the United States Bureau of           mineral products that may be manufactured in
and maintenance of necessary buildings and ap-       Mines, $64,000,000, to remain available until ex-    pilot plants operated by the Bureau of Mines,
purtenant facilities; acquisition of lands for       pended, of which not to exceed $5,000,000 may be     and the proceeds of such sales shall be covered
gauging stations and observation wells; ex-          used for the completion and/or transfer of cer-      into the Treasury as miscellaneous receipts: Pro-
penses of the United States National Committee       tain ongoing projects within the United States       vided further, That notwithstanding any other
on Geology; and payment of compensation and          Bureau of Mines, such projects to be identified      provision of law, the Secretary is authorized to
expenses of persons on the rolls of the United       by the Secretary of the Interior within 90 days      convey, without reimbursement, title and all in-
States Geological Survey appointed, as author-       of enactment of this Act: Provided, That there       terest of the United States in property and fa-
ized by law, to represent the United States in       hereby are transferred to, and vested in, the        cilities of the United States Bureau of Mines in
the negotiation and administration of interstate     Secretary of Energy: (1) the functions pertain-      Juneau, Alaska, to the City and Borough of Ju-
compacts: Provided, That activities funded by        ing to the promotion of health and safety in         neau, Alaska; in Tuscaloosa, Alabama, to the
appropriations herein made may be accom-             mines and the mineral industry through re-           University of Alabama; in Rolla, Missouri, to
plished through the use of contracts, grants, or     search vested by law in the Secretary of the In-     the University of Missouri-Rolla; and in other
cooperative agreements as defined in 31 U.S.C.       terior or the United States Bureau of Mines and      localities to such university or government enti-
6302, et seq.                                        performed in fiscal year 1995 by the United          ties as the Secretary deems appropriate.
         MINERALS MANAGEMENT SERVICE                 States Bureau of Mines at its Pittsburgh Re-
                                                                                                           OFFICE OF SURFACE MINING RECLAMATION AND
ROYALTY AND OFFSHORE MINERALS MANAGEMENT             search Center in Pennsylvania, and at its Spo-
                                                                                                                         ENFORCEMENT
  For expenses necessary for minerals leasing        kane Research Center in Washington; (2) the
and environmental studies, regulation of indus-      functions pertaining to the conduct of inquiries,             REGULATION AND TECHNOLOGY
try operations, and collection of royalties, as      technological investigations and research con-         For necessary expenses to carry out the provi-
authorized by law; for enforcing laws and regu-      cerning the extraction, processing, use and dis-     sions of the Surface Mining Control and Rec-
lations applicable to oil, gas, and other minerals   posal of mineral substances vested by law in the     lamation Act of 1977, Public Law 95–87, as
leases, permits, licenses and operating contracts;   Secretary of the Interior or the United States       amended, including the purchase of not to ex-
and for matching grants or cooperative agree-        Bureau of Mines and performed in fiscal year         ceed 15 passenger motor vehicles for replacement
ments; including the purchase of not to exceed       1995 by the United States Bureau of Mines            only; $95,470,000, and notwithstanding 31 U.S.C.
eight passenger motor vehicles for replacement       under the minerals and materials science pro-        3302, an additional amount shall be credited to
only; $182,555,000, of which not less than           grams at its Pittsburgh Research Center in           this account, to remain available until ex-
$70,105,000 shall be available for royalty man-      Pennsylvania, and at its Albany Research Cen-        pended, from performance bond forfeitures in
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                          H3887
fiscal year 1996: Provided, That notwithstand-       $104,626,000 shall be for payments to tribes and       school system as of September 1, 1995: Provided
ing any other provision of law, the Secretary of     tribal organizations for contract support costs        further, That no funds available to the Bureau
the Interior, pursuant to regulations, may uti-      associated with ongoing contracts or grants or         of Indian Affairs shall be used to support ex-
lize directly or through grants to States, moneys    compacts entered into with the Bureau of In-           panded grades for any school beyond the grade
collected in fiscal year 1996 pursuant to the as-    dian Affairs prior to fiscal year 1996, as author-     structure in place at each school in the Bureau
sessment of civil penalties under section 518 of     ized by the Indian Self-Determination Act of           of Indian Affairs school system as of October 1,
the Surface Mining Control and Reclamation           1975, as amended, and up to $5,000,000 shall be        1995: Provided further, That notwithstanding
Act of 1977 (30 U.S.C. 1268), to reclaim lands ad-   for the Indian Self-Determination Fund, which          the provisions of 25 U.S.C. 2011(h)(1)(B) and (c),
versely affected by coal mining practices after      shall be available for the transitional cost of ini-   upon the recommendation of a local school
August 3, 1977, to remain available until ex-        tial or expanded tribal contracts, grants, com-        board for a Bureau of Indian Affairs operated
pended: Provided further, That notwithstanding       pacts, or cooperative agreements with the Bu-          school, the Secretary shall establish rates of
any other provision of law, appropriations for       reau of Indian Affairs under the provisions of         basic compensation or annual salary rates for
the Office of Surface Mining Reclamation and         the Indian Self-Determination Act; and of              the positions of teachers and counselors (includ-
Enforcement may provide for the travel and per       which not to exceed $330,711,000 for school oper-      ing dormitory and homeliving counselors) at the
diem expenses of State and tribal personnel at-      ations costs of Bureau-funded schools and other        school at a level not less than that for com-
tending Office of Surface Mining Reclamation         education programs shall become available for          parable positions in public school districts in the
and Enforcement sponsored training.                  obligation on July 1, 1996, and shall remain           same geographic area, to become effective on
     ABANDONED MINE RECLAMATION FUND                 available for obligation until September 30, 1997;     July 1, 1997: Provided further, That of the funds
   For necessary expenses to carry out the provi-    and of which not to exceed $68,209,000 for higher      available only through September 30, 1995, not
sions of title IV of the Surface Mining Control      education scholarships, adult vocational train-        to exceed $8,000,000 in unobligated and unex-
and Reclamation Act of 1977, Public Law 95–87,       ing, and assistance to public schools under the        pended balances in the Operation of Indian
as amended, including the purchase of not more       Act of April 16, 1934 (48 Stat. 596), as amended       Programs account shall be merged with and
than 22 passenger motor vehicles for replace-        (25 U.S.C. 452 et seq.), shall remain available for    made a part of the fiscal year 1996 Operation of
ment only, $173,887,000, to be derived from re-      obligation until September 30, 1997; and of            Indian Programs appropriation, and shall re-
ceipts of the Abandoned Mine Reclamation             which not to exceed $71,854,000 shall remain           main available for obligation for employee sever-
Fund and to remain available until expended:         available until expended for housing improve-          ance, relocation, and related expenses, until
Provided, That grants to minimum program             ment, road maintenance, attorney fees, litiga-         September 30, 1996.
States will be $1,500,000 per State in fiscal year   tion support, self-governance grants, the Indian                         CONSTRUCTION
1996: Provided further, That of the funds herein     Self-Determination Fund, and the Navajo-Hopi
                                                                                                               For construction, major repair, and improve-
provided up to $18,000,000 may be used for the       Settlement Program: Provided, That tribes and
                                                                                                            ment of irrigation and power systems, buildings,
emergency program authorized by section 410 of       tribal contractors may use their tribal priority
                                                                                                            utilities, and other facilities, including architec-
Public Law 95–87, as amended, of which no            allocations for unmet indirect costs of ongoing
                                                                                                            tural and engineering services by contract; ac-
more than 25 per centum shall be used for emer-      contracts, grants or compact agreements: Pro-
                                                                                                            quisition of lands and interests in lands; and
gency reclamation projects in any one State and      vided further, That funds made available to
                                                                                                            preparation of lands for farming, $100,833,000, to
funds for Federally-administered emergency rec-      tribes and tribal organizations through con-
                                                                                                            remain available until expended: Provided, That
lamation projects under this proviso shall not       tracts or grants obligated during fiscal year
                                                     1996, as authorized by the Indian Self-Deter-          such amounts as may be available for the con-
exceed $11,000,000: Provided further, That prior                                                            struction of the Navajo Indian Irrigation Project
year unobligated funds appropriated for the          mination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450
                                                     et seq.), or grants authorized by the Indian           and for other water resource development activi-
emergency reclamation program shall not be                                                                  ties related to the Southern Arizona Water
subject to the 25 per centum limitation per State    Education Amendments of 1988 (25 U.S.C. 2001
                                                     and 2008A) shall remain available until ex-            Rights Settlement Act may be transferred to the
and may be used without fiscal year limitation                                                              Bureau of Reclamation: Provided further, That
for emergency projects: Provided further, That       pended by the contractor or grantee: Provided
                                                     further, That to provide funding uniformity            not to exceed 6 per centum of contract authority
pursuant to Public Law 97–365, the Department                                                               available to the Bureau of Indian Affairs from
                                                     within a Self-Governance Compact, any funds
of the Interior is authorized to utilize up to 20                                                           the Federal Highway Trust Fund may be used
                                                     provided in this Act with availability for more
per centum from the recovery of the delinquent                                                              to cover the road program management costs of
                                                     than one year may be reprogrammed to one year
debt owed to the United States Government to                                                                the Bureau of Indian Affairs: Provided further,
                                                     availability but shall remain available within
pay for contracts to collect these debts: Provided                                                          That any funds provided for the Safety of Dams
                                                     the Compact until expended: Provided further,
further, That funds made available to States                                                                program pursuant to 25 U.S.C. 13 shall be made
                                                     That notwithstanding any other provision of
under title IV of Public Law 95–87 may be used,                                                             available on a non-reimbursable basis: Provided
                                                     law, Indian tribal governments may, by appro-
at their discretion, for any required non-Federal                                                           further, That for the fiscal year ending Septem-
                                                     priate changes in eligibility criteria or by other
share of the cost of projects funded by the Fed-                                                            ber 30, 1996, in implementing new construction
                                                     means, change eligibility for general assistance
eral Government for the purpose of environ-          or change the amount of general assistance pay-        or facilities improvement and repair project
mental restoration related to treatment or abate-    ments for individuals within the service area of       grants in excess of $100,000 that are provided to
ment of acid mine drainage from abandoned            such tribe who are otherwise deemed eligible for       tribally controlled grant schools under Public
mines: Provided further, That such projects          general assistance payments so long as such            Law 100–297, as amended, the Secretary of the
must be consistent with the purposes and prior-      changes are applied in a consistent manner to          Interior shall use the Administrative and Audit
ities of the Surface Mining Control and Rec-         individuals similarly situated: Provided further,      Requirements and Cost Principles for Assistance
lamation Act.                                        That any savings realized by such changes shall        Programs contained in 43 CFR part 12 as the
           BUREAU OF INDIAN AFFAIRS                  be available for use in meeting other priorities of    regulatory requirements: Provided further, That
        OPERATION OF INDIAN PROGRAMS                 the tribes: Provided further, That any net in-         such grants shall not be subject to section 12.61
   For operation of Indian programs by direct ex-    crease in costs to the Federal Government which        of 43 CFR; the Secretary and the grantee shall
penditure, contracts, cooperative agreements,        result solely from tribally increased payment          negotiate and determine a schedule of payments
compacts, and grants including expenses nec-         levels for general assistance shall be met exclu-      for the work to be performed: Provided further,
essary to provide education and welfare services     sively from funds available to the tribe from          That in considering applications, the Secretary
for Indians, either directly or in cooperation       within its tribal priority allocation: Provided        shall consider whether the Indian tribe or tribal
with States and other organizations, including       further, That any forestry funds allocated to a        organization would be deficient in assuring that
payment of care, tuition, assistance, and other      tribe which remain unobligated as of September         the construction projects conform to applicable
expenses of Indians in boarding homes, or insti-     30, 1996, may be transferred during fiscal year        building standards and codes and Federal, trib-
tutions, or schools; grants and other assistance     1997 to an Indian forest land assistance account       al, or State health and safety standards as re-
to needy Indians; maintenance of law and             established for the benefit of such tribe within       quired by 25 U.S.C. 2005(a), with respect to or-
order; management, development, improvement,         the tribe’s trust fund account: Provided further,      ganizational and financial management capa-
and protection of resources and appurtenant fa-      That any such unobligated balances not so              bilities: Provided further, That if the Secretary
cilities under the jurisdiction of the Bureau of     transferred shall expire on September 30, 1997:        declines an application, the Secretary shall fol-
Indian Affairs, including payment of irrigation      Provided further, That notwithstanding any             low the requirements contained in 25 U.S.C.
assessments and charges; acquisition of water        other provision of law, no funds available to the      2505(f): Provided further, That any disputes be-
rights; advances for Indian industrial and busi-     Bureau of Indian Affairs, other than the               tween the Secretary and any grantee concerning
ness enterprises; operation of Indian arts and       amounts provided herein for assistance to public       a grant shall be subject to the disputes provision
crafts shops and museums; development of In-         schools under the Act of April 16, 1934 (48 Stat.      in 25 U.S.C. 2508(e).
dian arts and crafts, as authorized by law; for      596), as amended (25 U.S.C. 452 et seq.), shall be       INDIAN LAND AND WATER CLAIM SETTLEMENTS
the general administration of the Bureau of In-      available to support the operation of any ele-            AND MISCELLANEOUS PAYMENTS TO INDIANS
dian Affairs, including such expenses in field       mentary or secondary school in the State of              For miscellaneous payments to Indian tribes
offices; maintaining of Indian reservation roads     Alaska in fiscal year 1996: Provided further,          and individuals and for necessary administra-
as defined in section 101 of title 23, United        That funds made available in this or any other         tive expenses, $80,645,000, to remain available
States Code; and construction, repair, and im-       Act for expenditure through September 30, 1997         until expended; of which $78,600,000 shall be
provement of Indian housing, $1,384,434,000, of      for schools funded by the Bureau of Indian Af-         available for implementation of enacted Indian
which not to exceed $100,255,000 shall be for wel-   fairs shall be available only to the schools           land and water claim settlements pursuant to
fare assistance grants and not to exceed             which are in the Bureau of Indian Affairs              Public Laws 87–483, 97–293, 101–618, 102–374,
H3888                                           CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
102–441, 102–575, and 103–116, and for implemen-       ther, That of the amounts provided for technical       OFFICE OF SPECIAL TRUSTEE FOR AMERICAN
tation of other enacted water rights settlements,      assistance, sufficient funding shall be made                           INDIANS
including not to exceed $8,000,000, which shall        available for a grant to the Close Up Founda-                   FEDERAL TRUST PROGRAMS
be for the Federal share of the Catawba Indian         tion: Provided further, That the funds for the          For operation of trust programs for Indians by
Tribe of South Carolina Claims Settlement, as          program of operations and maintenance im-            direct expenditure, contracts, cooperative agree-
authorized by section 5(a) of Public Law 103–          provement are appropriated to institutionalize       ments, compacts, and grants, $16,338,000, of
116; and of which $1,045,000 shall be available        routine operations and maintenance of capital        which $15,891,000 shall remain available until
pursuant to Public Laws 98–500, 99–264, and            infrastructure in American Samoa, Guam, the          expended for trust funds management: Provided,
100–580; and of which $1,000,000 shall be avail-       Virgin Islands, the Commonwealth of the North-       That funds made available to tribes and tribal
able (1) to liquidate obligations owed tribal and      ern Mariana Islands, the Republic of Palau, the      organizations through contracts or grants obli-
individual Indian payees of any checks canceled        Republic of the Marshall Islands, and the Fed-       gated during fiscal year 1996, as authorized by
pursuant to section 1003 of the Competitive            erated States of Micronesia through assessments      the Indian Self-Determination Act of 1975 (88
Equality Banking Act of 1987 (Public Law 100–          of long-range operations and maintenance             Stat. 2203; 25 U.S.C. 450 et seq.), shall remain
86 (101 Stat. 659)), 31 U.S.C. 3334(b), (2) to re-     needs, improved capability of local operations       available until expended by the contractor or
store to Individual Indian Monies trust funds,         and maintenance institutions and agencies (in-       grantee: Provided further, That notwithstand-
Indian Irrigation Systems, and Indian Power            cluding management and vocational education          ing any other provision of law, the statute of
Systems accounts amounts invested in credit            training), and project-specific maintenance          limitations shall not commence to run on any
unions or defaulted savings and loan associa-          (with territorial participation and cost sharing     claim, including any claim in litigation pending
tions and which were not Federally insured,            to be determined by the Secretary based on the       on the date of this Act, concerning losses to or
and (3) to reimburse Indian trust fund account         individual territory’s commitment to timely          mismanagement of trust funds, until the af-
holders for losses to their respective accounts        maintenance of its capital assets): Provided fur-    fected tribe or individual Indian has been fur-
where the claim for said loss(es) has been re-         ther, That any appropriation for disaster assist-    nished with the accounting of such funds from
duced to a judgment or settlement agreement ap-        ance under this head in this Act or previous ap-     which the beneficiary can determine whether
proved by the Department of Justice.                   propriations Acts may be used as non-Federal         there has been a loss: Provided further, That ob-
 TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES            matching funds for the purpose of hazard miti-       ligated and unobligated balances provided for
  For payment of management and technical as-          gation grants provided pursuant to section 404       trust funds management within ‘‘Operation of
sistance requests associated with loans and            of the Robert T. Stafford Disaster Relief and        Indian programs’’, Bureau of Indian Affairs are
grants approved under the Indian Financing             Emergency Assistance Act (42 U.S.C. 5170c).          hereby transferred to and merged with this ap-
Act of 1974, as amended, $500,000.                              COMPACT OF FREE ASSOCIATION                 propriation.
 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT                  For economic assistance and necessary ex-                     ADMINISTRATIVE PROVISIONS
  For the cost of guaranteed loans $4,500,000, as      penses for the Federated States of Micronesia           There is hereby authorized for acquisition
authorized by the Indian Financing Act of 1974,        and the Republic of the Marshall Islands as          from available resources within the Working
as amended: Provided, That such costs, includ-         provided for in sections 122, 221, 223, 232, and     Capital Fund, 15 aircraft, 10 of which shall be
ing the cost of modifying such loans, shall be as      233 of the Compacts of Free Association, and for     for replacement and which may be obtained by
defined in section 502 of the Congressional            economic assistance and necessary expenses for       donation, purchase or through available excess
Budget Act of 1974, as amended: Provided fur-          the Republic of Palau as provided for in sections    surplus property: Provided, That notwithstand-
ther, That these funds are available to subsidize      122, 221, 223, 232, and 233 of the Compact of Free   ing any other provision of law, existing aircraft
total loan principal, any part of which is to be       Association, $24,938,000, to remain available        being replaced may be sold, with proceeds de-
guaranteed, not to exceed $35,914,000.                 until expended, as authorized by Public Law 99–      rived or trade-in value used to offset the pur-
  In addition, for administrative expenses nec-        239 and Public Law 99–658: Provided, That not-       chase price for the replacement aircraft: Pro-
essary to carry out the guaranteed loan pro-           withstanding section 112 of Public Law 101–219       vided further, That no programs funded with
gram, $500,000.                                        (103 Stat. 1873), the Secretary of the Interior      appropriated funds in ‘‘Departmental Manage-
           ADMINISTRATIVE PROVISIONS                   may agree to technical changes in the specifica-     ment’’, ‘‘Office of the Solicitor’’, and ‘‘Office of
  Appropriations for the Bureau of Indian Af-          tions for the project described in the subsidiary    Inspector General’’ may be augmented through
fairs shall be available for expenses of exhibits,     agreement negotiated under section 212(a) of the     the Working Capital Fund or the Consolidated
and purchase of not to exceed 275 passenger car-       Compact of Free Association, Public Law 99–658,      Working Fund.
rying motor vehicles, of which not to exceed 215       or its annex, if the changes do not result in in-
                                                                                                              GENERAL PROVISIONS, DEPARTMENT OF
shall be for replacement only.                         creased costs to the United States.
                                                                                                                              THE INTERIOR
    TERRITORIAL AND INTERNATIONAL AFFAIRS                          DEPARTMENTAL OFFICES                        SEC. 101. Appropriations made in this title
           ASSISTANCE TO TERRITORIES                            DEPARTMENTAL MANAGEMENT                     shall be available for expenditure or transfer
   For expenses necessary for assistance to terri-                                                          (within each bureau or office), with the ap-
                                                                   SALARIES AND EXPENSES
tories under the jurisdiction of the Department                                                             proval of the Secretary, for the emergency re-
of the Interior, $65,188,000, of which (1)               For necessary expenses for management of the       construction, replacement, or repair of aircraft,
$61,661,000 shall be available until expended for      Department of the Interior, $56,912,000, of which    buildings, utilities, or other facilities or equip-
technical assistance, including maintenance as-        not to exceed $7,500 may be for official reception   ment damaged or destroyed by fire, flood, storm,
sistance, disaster assistance, insular manage-         and representation expenses.                         or other unavoidable causes: Provided, That no
ment controls, and brown tree snake control and                   OFFICE OF THE SOLICITOR                   funds shall be made available under this au-
research; grants to the judiciary in American                                                               thority until funds specifically made available
                                                                   SALARIES AND EXPENSES
Samoa for compensation and expenses, as au-                                                                 to the Department of the Interior for emer-
thorized by law (48 U.S.C. 1661(c)); grants to the        For necessary expenses of the Office of the So-   gencies shall have been exhausted: Provided
Government of American Samoa, in addition to           licitor, $34,427,000.                                further, That all funds used pursuant to this
current local revenues, for construction and                    OFFICE OF INSPECTOR GENERAL                 section are hereby designated by Congress to be
support of governmental functions; grants to the                                                            ‘‘emergency requirements’’ pursuant to section
                                                                   SALARIES AND EXPENSES
Government of the Virgin Islands as authorized                                                              251(b)(2)(D) of the Balanced Budget and Emer-
by law; grants to the Government of Guam, as             For necessary expenses of the Office of In-        gency Deficit Control Act of 1985 and must be
authorized by law; and grants to the Govern-           spector General, $23,939,000.                        replenished by a supplemental appropriation
ment of the Northern Mariana Islands as au-                      CONSTRUCTION MANAGEMENT                    which must be requested as promptly as pos-
thorized by law (Public Law 94–241; 90 Stat.                                                                sible.
272); and (2) $3,527,000 shall be available for sal-               SALARIES AND EXPENSES                       SEC. 102. The Secretary may authorize the ex-
aries and expenses of the Office of Insular Af-          For necessary expenses of the Office of Con-       penditure or transfer of any no year appropria-
fairs: Provided, That all financial transactions       struction Management, $500,000.                      tion in this title, in addition to the amounts in-
of the territorial and local governments herein             NATIONAL INDIAN GAMING COMMISSION               cluded in the budget programs of the several
provided for, including such transactions of all                                                            agencies, for the suppression or emergency pre-
agencies or instrumentalities established or uti-                  SALARIES AND EXPENSES                    vention of forest or range fires on or threatening
lized by such governments, may be audited by             For necessary expenses of the National Indian      lands under the jurisdiction of the Department
the General Accounting Office, at its discretion,      Gaming Commission, pursuant to Public Law            of the Interior; for the emergency rehabilitation
in accordance with chapter 35 of title 31, United      100–497, $1,000,000: Provided, That on March 1,      of burned-over lands under its jurisdiction; for
States Code: Provided further, That Northern           1996, the Chairman shall submit to the Secretary     emergency actions related to potential or actual
Mariana Islands Covenant grant funding shall           a report detailing those Indian tribes or tribal     earthquakes, floods, volcanoes, storms, or other
be provided according to those terms of the            organizations with gaming operations that are        unavoidable causes; for contingency planning
Agreement of the Special Representatives on Fu-        in full compliance, partial compliance, or non-      subsequent to actual oilspills; response and nat-
ture United States Financial Assistance for the        compliance with the provisions of the Indian         ural resource damage assessment activities relat-
Northern Mariana Islands approved by Public            Gaming Regulatory Act (25 U.S.C. 2701, et seq.):     ed to actual oilspills; for the prevention, sup-
Law 99–396, or any subsequent legislation relat-       Provided further, That the information con-          pression, and control of actual or potential
ed to Commonwealth of the Northern Mariana             tained in the report shall be updated on a con-      grasshopper and Mormon cricket outbreaks on
Islands Covenant grant funding: Provided fur-          tinuing basis.                                       lands under the jurisdiction of the Secretary,
April 25, 1996                                  CONGRESSIONAL RECORD — HOUSE                                                                       H3889
pursuant to the authority in section 1773(b) of        endar month more than ⁄ of the fiscal year
                                                                                  1 12                       through 2002, payments to the Commonwealth of
Public Law 99–198 (99 Stat. 1658); for emergency       1996 appropriation for operation of the Presidio:     the Northern Mariana Islands pursuant to the
reclamation projects under section 410 of Public       Provided, That this section shall expire on De-       multi-year funding agreements contemplated
Law 95–87; and shall transfer, from any no year        cember 31, 1995.                                      under the Covenant shall be $11,000,000 annu-
funds available to the Office of Surface Mining           SEC. 109. Section 6003 of Public Law 101–380 is    ally, subject to an equal local match and all
Reclamation and Enforcement, such funds as             hereby repealed.                                      other requirements set forth in the Agreement of
may be necessary to permit assumption of regu-            SEC. 110. None of the funds appropriated or        the Special Representatives on Future Federal
latory authority in the event a primacy State is       otherwise made available by this Act may be ob-       Financial Assistance of the Northern Mariana
not carrying out the regulatory provisions of the      ligated or expended by the Secretary of the Inte-     Islands, executed on December 17, 1992 between
Surface Mining Act: Provided, That appropria-          rior for developing, promulgating, and there-         the special representative of the President of the
tions made in this title for fire suppression pur-     after implementing a rule concerning rights-of-       United States and special representatives of the
poses shall be available for the payment of obli-      way under section 2477 of the Revised Statutes.       Governor of the Northern Mariana Islands with
gations incurred during the preceding fiscal              SEC. 111. No funds provided in this title may      any additional amounts otherwise made avail-
year, and for reimbursement to other Federal           be expended by the Department of the Interior         able under this section in any fiscal year and
agencies for destruction of vehicles, aircraft, or     for the conduct of offshore leasing and related       not required to meet the schedule of payments in
other equipment in connection with their use for       activities placed under restriction in the Presi-     this subsection to be provided as set forth in
fire suppression purposes, such reimbursement          dent’s moratorium statement of June 26, 1990, in      subsection (c) until Congress otherwise provides
to be credited to appropriations currently avail-      the areas of Northern, Central, and Southern          by law.
able at the time of receipt thereof: Provided fur-     California; the North Atlantic; Washington and          ‘‘(c) The additional amounts referred to in
ther, That for emergency rehabilitation and            Oregon; and the Eastern Gulf of Mexico south          subsection (b) shall be made available to the
wildfire suppression activities, no funds shall be     of 26 degrees north latitude and east of 86 de-       Secretary for obligation as follows:
made available under this authority until funds        grees west longitude.                                   ‘‘(1) for fiscal years 1996 through 2001,
appropriated to the ‘‘Emergency Department of             SEC. 112. No funds provided in this title may      $4,580,000 annually for capital infrastructure
the Interior Firefighting Fund’’ shall have been       be expended by the Department of the Interior         projects as Impact Aid for Guam under section
exhausted: Provided further, That all funds            for the conduct of leasing, or the approval or        104(c)(6) of Public Law 99–239;
used pursuant to this section are hereby des-          permitting of any drilling or other exploration         ‘‘(2) for fiscal year 1996, $7,700,000 shall be
ignated by Congress to be ‘‘emergency require-         activity, on lands within the North Aleutian          provided for capital infrastructure projects in
ments’’ pursuant to section 251(b)(2)(D) of the        Basin planning area.                                  American Samoa; $4,420,000 for resettlement of
Balanced Budget and Emergency Deficit Con-                SEC. 113. No funds provided in this title may
                                                                                                             Rongelap Atoll; and
trol Act of 1985 and must be replenished by a          be expended by the Department of the Interior
                                                                                                               ‘‘(3) for fiscal years 1997 and thereafter, all
supplemental appropriation which must be re-           for the conduct of preleasing and leasing activi-
                                                                                                             such amounts shall be available solely for cap-
quested as promptly as possible: Provided fur-         ties in the Eastern Gulf of Mexico for Outer
                                                                                                             ital infrastructure projects in Guam, the Virgin
ther, That such replenishment funds shall be           Continental Shelf Lease Sale 151 in the Outer
                                                                                                             Islands, American Samoa, the Commonwealth of
used to reimburse, on a pro rata basis, accounts       Continental Shelf Natural Gas and Oil Resource
                                                                                                             the Northern Mariana Islands, the Republic of
from which emergency funds were transferred.           Management Comprehensive Program, 1992–
                                                                                                             Palau, the Federated States of Micronesia and
   SEC. 103. Appropriations made in this title         1997.
                                                          SEC. 114. No funds provided in this title may      the Republic of the Marshall Islands: Provided,
shall be available for operation of warehouses,
                                                       be expended by the Department of the Interior         That, in fiscal year 1997, $3,000,000 of such
garages, shops, and similar facilities, wherever
                                                       for the conduct of preleasing and leasing activi-     amounts shall be made available to the College
consolidation of activities will contribute to effi-
                                                       ties in the Atlantic for Outer Continental Shelf      of the Northern Marianas and beginning in fis-
ciency or economy, and said appropriations
                                                       Lease Sale 164 in the Outer Continental Shelf         cal year 1997, and in each year thereafter, not
shall be reimbursed for services rendered to any
                                                       Natural Gas and Oil Resource Management               to exceed $3,000,000 may be allocated, as pro-
other activity in the same manner as authorized
                                                       Comprehensive Program, 1992–1997.                     vided in appropriations Acts, to the Secretary of
by sections 1535 and 1536 of title 31, United
                                                          SEC. 115. (a) Of the funds appropriated by this    the Interior for use by Federal agencies or the
States Code: Provided, That reimbursements for
                                                       Act or any subsequent Act providing for appro-        Commonwealth of the Northern Mariana Is-
costs and supplies, materials, equipment, and
                                                       priations in fiscal years 1996 and 1997, not more     lands to address immigration, labor, and law en-
for services rendered may be credited to the ap-
                                                       than 50 percent of any self-governance funds          forcement issues in the Northern Mariana Is-
propriation current at the time such reimburse-
                                                       that would otherwise be allocated to each In-         lands. The specific projects to be funded in
ments are received.
                                                       dian tribe in the State of Washington shall ac-       American Samoa shall be set forth in a five-year
   SEC. 104. Appropriations made to the Depart-
                                                       tually be paid to or on account of such Indian        plan for infrastructure assistance developed by
ment of the Interior in this title shall be avail-
                                                       tribe from and after the time at which such tribe     the Secretary of the Interior in consultation
able for services as authorized by 5 U.S.C. 3109,
                                                       shall—                                                with the American Samoa Government and up-
when authorized by the Secretary, in total
                                                          (1) take unilateral action that adversely im-      dated annually and submitted to the Congress
amount not to exceed $500,000; hire, mainte-
                                                       pacts the existing rights to and/or customary         concurrent with the budget justifications for the
nance, and operation of aircraft; hire of pas-
                                                       uses of, nontribal member owners of fee simple        Department of the Interior. In developing budg-
senger motor vehicles; purchase of reprints; pay-
                                                       land within the exterior boundary of the tribe’s      et recommendations for capital infrastructure
ment for telephone service in private residences
                                                       reservation to water, electricity, or any other       funding, the Secretary shall indicate the highest
in the field, when authorized under regulations
                                                       similar utility or necessity for the nontribal        priority projects, consider the extent to which
approved by the Secretary; and the payment of
                                                       members’ residential use of such land; or             particular projects are part of an overall master
dues, when authorized by the Secretary, for li-
                                                          (2) restrict or threaten to restrict said owners   plan, whether such project has been reviewed by
brary membership in societies or associations
                                                       use of or access to publicly maintained rights-of-    the Corps of Engineers and any recommenda-
which issue publications to members only or at
                                                       way necessary or desirable in carrying the utili-     tions made as a result of such review, the extent
a price to members lower than to subscribers
                                                       ties or necessities described above.                  to which a set-aside for maintenance would en-
who are not members.
   SEC. 105. Appropriations available to the De-          (b) Such penalty shall not attach to the initi-    hance the life of the project, the degree to which
partment of the Interior for salaries and ex-          ation of any legal actions with respect to such       a local cost-share requirement would be consist-
penses shall be available for uniforms or allow-       rights or the enforcement of any final judg-          ent with local economic and fiscal capabilities,
ances therefor, as authorized by law (5 U.S.C.         ments, appeals from which have been exhausted,        and may propose an incremental set-aside, not
5901–5902 and D.C. Code 4–204).                        with respect thereto.                                 to exceed $2,000,000 per year, to remain available
   SEC. 106. Appropriations made in this title            SEC. 116. Within 30 days after the enactment       without fiscal year limitation, as an emergency
shall be available for obligation in connection        of this Act, the Department of the Interior shall     fund in the event of natural or other disasters
with contracts issued for services or rentals for      issue a specific schedule for the completion of       to supplement other assistance in the repair, re-
periods not in excess of twelve months beginning       the Lake Cushman Land Exchange Act (Public            placement, or hardening of essential facilities:
at any time during the fiscal year.                    Law 102–436) and shall complete the exchange          Provided further, That the cumulative amount
   SEC. 107. Appropriations made in this title         not later than September 30, 1996.                    set aside for such emergency fund may not ex-
from the Land and Water Conservation Fund                 SEC. 117. Notwithstanding Public Law 90–544,       ceed $10,000,000 at any time.
for acquisition of lands and waters, or interests      as amended, the National Park Service is au-            ‘‘(d) Within the amounts allocated for infra-
therein, shall be available for transfer, with the     thorized to expend appropriated funds for main-       structure pursuant to this section, and subject
approval of the Secretary, between the following       tenance and repair of the Company Creek Road          to the specific allocations made in subsection
accounts: Bureau of Land Management, Land              in the Lake Chelan National Recreation Area:          (c), additional contributions may be made, as set
acquisition, United States Fish and Wildlife           Provided, That appropriated funds shall not be        forth in appropriations Acts, to assist in the re-
Service, Land acquisition, and National Park           expended for the purpose of improving the prop-       settlement of Rongelap Atoll: Provided, That the
Service, Land acquisition and State assistance.        erty of private individuals unless specifically       total of all contributions from any Federal
Use of such funds are subject to the reprogram-        authorized by law.                                    source after enactment of this Act may not ex-
ming guidelines of the House and Senate Com-              SEC. 118. Section 4(b) of Public Law 94–241 (90    ceed $32,000,000 and shall be contingent upon an
mittees on Appropriations.                             Stat. 263) as added by section 10 of Public Law       agreement, satisfactory to the President, that
   SEC. 108. Prior to the transfer of Presidio         99–396 is amended by deleting ‘‘until Congress        such contributions are a full and final settle-
properties to the Presidio Trust, when author-         otherwise provides by law.’’ and inserting in         ment of all obligations of the United States to
ized, the Secretary may not obligate in any cal-       lieu thereof: ‘‘except that, for fiscal years 1996    assist in the resettlement of Rongelop Atoll and
H3890                                         CONGRESSIONAL RECORD — HOUSE                                                            April 25, 1996
that such funds will be expended solely on reset-    with section 4 of the Act (16 U.S.C. 460l–6a(i)):    National Forests, Utah; the Toiyabe National
tlement activities and will be properly audited      Provided, That unobligated and unexpended            Forest, Nevada; and the Angeles, San
and accounted for. In order to provide such con-     balances in the National Forest System account       Bernardino, Sequoia, and Cleveland National
tributions in a timely manner, each Federal          at the end of fiscal year 1995, shall be merged      Forests, California, as authorized by law,
agency providing assistance or services, or con-     with and made a part of the fiscal year 1996 Na-     $1,069,000, to be derived from forest receipts.
ducting activities, in the Republic of the Mar-      tional Forest System appropriation, and shall           ACQUISITION OF LANDS TO COMPLETE LAND
shall Islands, is authorized to make funds avail-    remain available for obligation until September                       EXCHANGES
able through the Secretary of the Interior, to as-   30, 1997: Provided further, That up to $5,000,000
                                                                                                            For acquisition of lands, to be derived from
sist in the resettlement of Rongelap. Nothing in     of the funds provided herein for road mainte-
                                                                                                          funds deposited by State, county, or municipal
this subsection shall be construed to limit the      nance shall be available for the planned obliter-
                                                     ation of roads which are no longer needed.           governments, public school districts, or other
provision of ex gratia assistance pursuant to
                                                                                                          public school authorities pursuant to the Act of
section 105(c)(2) of the Compact of Free Associa-              WILDLAND FIRE MANAGEMENT
                                                                                                          December 4, 1967, as amended (16 U.S.C. 484a),
tion Act of 1985 (Public Law 99–239, 99 Stat.          For necessary expenses for forest fire
                                                                                                          to remain available until expended.
1770, 1792) including for individuals choosing       presuppression activities on National Forest
not to resettle at Rongelap, except that no such     System lands, for emergency fire suppression on                 RANGE BETTERMENT FUND
assistance for such individuals may be provided      or adjacent to National Forest System lands or         For necessary expenses of range rehabilita-
until the Secretary notifies the Congress that       other lands under fire protection agreement,         tion, protection, and improvement, 50 per cen-
the full amount of all funds necessary for reset-    and for emergency rehabilitation of burned over      tum of all moneys received during the prior fis-
tlement at Rongelap has been provided.’’.            National Forest System lands, $385,485,000, to       cal year, as fees for grazing domestic livestock
   SEC. 119. (a) Until the National Park Service     remain available until expended: Provided, That      on lands in National Forests in the sixteen
has prepared a final conceptual management           unexpended balances of amounts previously ap-        Western States, pursuant to section 401(b)(1) of
plan for the Mojave National Preserve that in-       propriated under any other headings for Forest       Public Law 94–579, as amended, to remain avail-
corporates traditional multiple uses of the re-      Service fire activities may be transferred to and    able until expended, of which not to exceed 6
gion, the Secretary of the Interior shall not take   merged with this appropriation: Provided fur-        per centum shall be available for administrative
any action to change the management of the           ther, That such funds are available for repay-       expenses associated with on-the-ground range
area which differs from the historical manage-       ment of advances from other appropriations ac-       rehabilitation, protection, and improvements.
ment practices of the Bureau of Land Manage-         counts previously transferred for such purposes.        GIFTS, DONATIONS AND BEQUESTS FOR FOREST
ment. Prior to using any funds in excess of                           CONSTRUCTION                                   AND RANGELAND RESEARCH
$1,100,000 for operation of the Preserve in fiscal      For necessary expenses of the Forest Service,       For expenses authorized by 16 U.S.C. 1643(b),
year 1996, the Secretary must obtain the ap-         not otherwise provided for, $163,600,000, to re-     $92,000, to remain available until expended, to
proval of the House and Senate Committees on         main available until expended, for construction      be derived from the fund established pursuant to
Appropriations. This provision expires on Sep-       and acquisition of buildings and other facilities,   the above Act.
tember 30, 1996.                                     and for construction and repair of forest roads
                                                                                                           SOUTHEAST ALASKA ECONOMIC DISASTER FUND
   (b) The President is authorized to suspend the    and trails by the Forest Service as authorized by
                                                     16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:           (a) There is hereby established in the Treas-
provisions of subsection (a) of this section if he
                                                     Provided, That funds becoming available in fis-      ury a Southeast Alaska Economic Disaster
determines that such suspension is appropriate
                                                     cal year 1996 under the Act of March 4, 1913 (16     Fund.     There     are    hereby     appropriated
based upon the public interest in sound environ-
                                                     U.S.C. 501) shall be transferred to the General      $110,000,000, which shall be deposited into this
mental management, sustainable resource use,
                                                     Fund of the Treasury of the United States: Pro-      account, which shall be available without fur-
protection of national or locally-affected inter-
                                                     vided further, That not to exceed $50,000,000, to    ther appropriation or fiscal year limitation. All
ests, or protection of any cultural, biological or
                                                     remain available until expended, may be obli-        monies from the Fund shall be distributed by the
historic resources. Any suspension by the Presi-
                                                     gated for the construction of forest roads by tim-   Secretary of Agriculture in accordance with the
dent shall take effect on such date, and con-
                                                     ber    purchasers:    Provided     further,   That   provisions set forth herein.
tinue in effect for such period (not to extend be-
                                                     $2,500,000 of the funds appropriated herein shall      (b) None of the funds provided under this
yond the period in which subsection (a) would
                                                     be available for a grant to the ‘‘Non-Profit Citi-   heading shall be available unless the President
otherwise be in effect), as the President may de-
                                                     zens for the Columbia Gorge Discovery Center’’       exercises the authority provided in section 325(c)
termine, and shall be reported to the Congress.
                                                     for the construction of the Columbia Gorge Dis-      of this Act.
        TITLE II—RELATED AGENCIES                                                                           (c)(1) The Secretary shall provide $40,000,000
                                                     covery Center: Provided further, That the For-
       DEPARTMENT OF AGRICULTURE                     est Service is authorized to grant the unobli-       in direct grants from the Fund for fiscal year
                  FOREST SERVICE                     gated balance of funds appropriated in fiscal        1996 and $10,000,000 in each of fiscal years 1997,
                                                     year 1995 for the construction of the Columbia       1998, and 1999 to communities in Alaska as fol-
               FOREST RESEARCH
                                                     Gorge Discovery Center and related trail con-        lows:
  For necessary expenses of forest research as                                                              (A) to the City and Borough of Sitka,
                                                     struction funds to the ‘‘Non-Profit Citizens for
authorized by law, $178,000,000, to remain avail-                                                         $8,000,000 in fiscal year 1996 and $2,000,000 in
                                                     the Columbia Gorge Discovery Center’’ to be
able until September 30, 1997.                                                                            each of fiscal years 1997, 1998, and 1999;
                                                     used for the same purpose: Provided further,
         STATE AND PRIVATE FORESTRY                  That the Forest Service is authorized to convey        (B) to the City of Wrangell, $18,700,000 in fis-
  For necessary expenses of cooperating with,        the land needed for the construction of the Co-      cal year 1996 and $4,700,000 in each of fiscal
and providing technical and financial assist-        lumbia Gorge Discovery Center without cost to        years 1997, 1998, and 1999; and
ance to States, Territories, possessions, and oth-   the ‘‘Non-Profit Citizens for the Columbia Gorge       (C) to the City of Borough of Ketchikan,
ers and for forest pest management activities,       Discovery Center’’: Provided further, That not-      $13,3000,000 in fiscal year 1996 and $3,300,000 in
cooperative forestry and education and land          withstanding any other provision of law, funds       each of fiscal years 1997, 1998, and 1999.
conservation activities, $136,884,000, to remain     originally appropriated under this head in Pub-        (2) The funds provided under paragraph (1)
available until expended, as authorized by law:      lic Law 101–512 for the Forest Service share of a    shall be used to employ former timber workers in
Provided, That of funds available under this         new research facility at the University of Mis-      Wrangell and Sitka, and for related community
heading for Pacific Northwest Assistance in this     souri, Columbia, shall be available for a grant to   development projects in Sitka, Wrangell, and
or prior appropriations Acts, $200,000 shall be      the University of Missouri, as the Federal share     Ketchikan.
provided to the World Forestry Center for pur-       in the construction of the new facility: Provided      (3) The Secretary shall allocate an additional
poses of continuing scientific research and other    further, That agreed upon lease of space in the      $10,000,000 from the Fund for each of fiscal
authorized efforts regarding the land exchange       new facility shall be provided to the Forest Serv-   years 1996, 1997, 1998, and 1999 to communities
efforts in the Umpqua River Basin Region.            ice without charge for the life of the building.     in Alaska according to the following percentage:
                                                                                                            (A) the Borough of Haines, 5.5 percent;
            NATIONAL FOREST SYSTEM                                  LAND ACQUISITION
                                                                                                            (B) the City of Borough of Juneau, 10.3 per-
  For necessary expenses of the Forest Service,        For expenses necessary to carry out the provi-     cent;
not otherwise provided for, for management,          sions of the Land and Water Conservation Fund          (C) the Ketchikan Gateway of Borough, 4.5
protection, improvement, and utilization of the      Act of 1965, as amended (16 U.S.C. 460l–4–11),       percent;
National Forest System, for ecosystem planning,      including administrative expenses, and for ac-         (D) the City of Borough of Sitka, 10.8 percent;
inventory, and monitoring, and for administra-       quisition of land or waters, or interest therein,      (E) the City of Borough of Yakutat, 7.4 per-
tive expenses associated with the management of      in accordance with statutory authority applica-      cent; and
funds provided under the heads ‘‘Forest Re-          ble to the Forest Service, $39,400,000, to be de-      (F) the unorganized Boroughs within the
search’’, ‘‘State and Private Forestry’’, ‘‘Na-      rived from the Land and Water Conservation           Tongass National Forest, 61.5 percent.
tional Forest System’’, ‘‘Construction’’, ‘‘Fire     Fund, to remain available until expended: Pro-         (4) Funds provided pursuant to paragraph
Protection and Emergency Suppression’’, and          vided, That funding for specific land acquisition    (3)(F) shall be allocated by the Secretary of Ag-
‘‘Land Acquisition’’, $1,257,057,000, to remain      are subject to the approval of the House and         riculture to the unorganized Boroughs in the
available for obligation until September 30, 1997,   Senate Committees on Appropriations.                 Tongass National Forest in the same proportion
and including 65 per centum of all monies re-         ACQUISITION OF LANDS FOR NATIONAL FORESTS           as timber receipts were made available to such
ceived during the prior fiscal year as fees col-                     SPECIAL ACTS                         Boroughs in fiscal year 1995, and shall be in ad-
lected under the Land and Water Conservation           For acquisition of lands within the exterior       dition to any other monies provided to such Bor-
Fund Act of 1965, as amended, in accordance          boundaries of the Cache, Uinta, and Wasatch          oughs under this Act or any other law.
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                        H3891
 ADMINISTRATIVE PROVISIONS, FOREST SERVICE             No funds appropriated to the Forest Service        the Forest Service with such consultation with
  Appropriations to the Forest Service for the       shall be transferred to the Working Capital          the State of Washington as the Forest Service
current fiscal year shall be available for: (a)      Fund of the Department of Agriculture without        deems appropriate.
purchase of not to exceed 183 passenger motor        the approval of the Chief of the Forest Service.        For one year after enactment of this Act, the
vehicles of which 32 will be used primarily for        Notwithstanding any other provision of law,        Secretary shall continue the current Tongass
law enforcement purposes and of which 151            any appropriations or funds available to the         Land Management Plan (TLMP) and may ac-
shall be for replacement; acquisition of 22 pas-     Forest Service may be used to disseminate pro-       commodate commercial tourism (if an agreement
senger motor vehicles from excess sources, and       gram information to private and public individ-      is signed between the Forest Service and the
hire of such vehicles; operation and mainte-         uals and organizations through the use of non-       Alaska Visitors’ Association) except that during
nance of aircraft, the purchase of not to exceed     monetary items of nominal value and to provide       this period, the Secretary shall maintain at least
two for replacement only, and acquisition of 20      nonmonetary awards of nominal value and to           the number of acres of suitable available and
aircraft from excess sources; notwithstanding        incur necessary expenses for the nonmonetary         suitable scheduled timber lands, and Allowable
other provisions of law, existing aircraft being     recognition of private individuals and organiza-     Sale Quantity as identified in the Preferred Al-
replaced may be sold, with proceeds derived or       tions that make contributions to Forest Service      ternative (Alternative P) in the Tongass Land
trade-in value used to offset the purchase price     programs.                                            and Resources Management Plan and Final En-
for the replacement aircraft; (b) services pursu-      Notwithstanding any other provision of law,        vironmental Impact Statement (dated October
ant to the second sentence of section 706(a) of      money collected, in advance or otherwise, by the     1992) as selected in the Record of Decision Re-
the Organic Act of 1944 (7 U.S.C. 2225), and not     Forest Service under authority of section 101 of     view Draft #3–2/93. Nothing in this paragraph
to exceed $100,000 for employment under 5            Public Law 93–153 (30 U.S.C. 185(1)) as reim-        shall be interpreted to mandate clear-cutting or
U.S.C. 3109; (c) purchase, erection, and alter-      bursement of administrative and other costs in-      require the sale of timber and nothing in this
ation of buildings and other public improve-         curred in processing pipeline right-of-way or        paragraph, including the ASQ identified in Al-
ments (7 U.S.C. 2250); (d) acquisition of land,      permit applications and for costs incurred in        ternative P, shall be construed to limit the Sec-
waters, and interests therein, pursuant to the       monitoring the construction, operation, mainte-      retary’s consideration of new information or to
Act of August 3, 1956 (7 U.S.C. 428a); (e) for ex-   nance, and termination of any pipeline and re-       prejudice future revision, amendment or modi-
penses pursuant to the Volunteers in the Na-         lated facilities, may be used to reimburse the ap-   fication of TLMP based upon sound, verifiable
tional Forest Act of 1972 (16 U.S.C. 558a, 558d,     plicable appropriation to which such costs were      scientific data.
558a note); and (f) for debt collection contracts    originally charged.                                     If the Forest Service determines in a Supple-
                                                       Funds available to the Forest Service shall be     mental Evaluation to an Environmental Impact
in accordance with 31 U.S.C. 3718(c).
                                                     available to conduct a program of not less than      Statement that no additional analysis under the
  None of the funds made available under this
                                                     $1,000,000 for high priority projects within the     National Environmental Policy Act or section
Act shall be obligated or expended to change the
                                                     scope of the approved budget which shall be          810 of the Alaska National Interest Lands Con-
boundaries of any region, to abolish any region,
                                                     carried out by the Youth Conservation Corps as       servation Act is necessary for any timber sale or
to move or close any regional office for research,
                                                     authorized by the Act of August 13, 1970, as         offering which has been prepared for acceptance
State and private forestry, or National Forest
                                                     amended by Public Law 93–408.                        by, or award to, a purchaser after December 31,
System administration of the Forest Service, De-
                                                       None of the funds available in this Act shall      1988, that has been subsequently determined by
partment of Agriculture, or to implement any re-
                                                     be used for timber sale preparation using            the Forest Service to be available for sale or of-
organization, ‘‘reinvention’’ or other type of or-
                                                     clearcutting in hardwood stands in excess of 25      fering to one or more other purchaser, the
ganizational restructuring of the Forest Service,
                                                     percent of the fiscal year 1989 harvested volume     change of purchasers for whatever reason shall
other than the relocation of the Regional Office
                                                     in the Wayne National Forest, Ohio: Provided,        not be considered a significant new cir-
for Region 5 of the Forest Service from San
                                                     That this limitation shall not apply to hard-        cumstance, and the Forest Service may offer or
Francisco to excess military property at Mare Is-
                                                     wood stands damaged by natural disaster: Pro-        award such timber sale or offering to a different
land, Vallejo, California, without the consent of
                                                     vided further, That landscape architects shall       purchaser or offeree, notwithstanding any other
the House and Senate Committees on Appropria-
                                                     be used to maintain a visually pleasing forest.      provision of law. A determination by the Forest
tions and the Committee on Agriculture, Nutri-         Any money collected from the States for fire
tion, and Forestry and the Committee on Energy                                                            Service pursuant to this paragraph shall not be
                                                     suppression assistance rendered by the Forest        subject to judicial review.
and Natural Resources in the United States Sen-      Service on non-Federal lands not in the vicinity
ate and the Committee on Agriculture and the                                                                 None of the funds appropriated under this Act
                                                     of National Forest System lands shall be used to     for the Forest Service shall be made available
Committee on Resources in the United States          reimburse the applicable appropriation and
House of Representatives.                                                                                 for the purpose of applying paint to rocks, or
                                                     shall remain available until expended as the         rock colorization: Provided, That notwithstand-
  Any appropriations or funds available to the       Secretary may direct in conducting activities
Forest Service may be advanced to the Fire and                                                            ing any other provision of law, the Forest Serv-
                                                     authorized by 16 U.S.C. 2101 (note), 2101–2110,      ice shall not require of any individual or entity,
Emergency Suppression appropriation and may          1606, and 2111.
be used for forest firefighting and the emergency                                                         as part of any permitting process under its au-
                                                       Of the funds available to the Forest Service,      thority, or as a requirement of compliance with
rehabilitation of burned-over lands under its ju-    $1,500 is available to the Chief of the Forest
risdiction: Provided, That no funds shall be                                                              the National Environmental Policy Act of 1969
                                                     Service for official reception and representation    (42 U.S.C. 4231 et seq.), the painting or
made available under this authority until funds      expenses.
appropriated to the ‘‘Emergency Forest Service                                                            colorization of rocks.
                                                       Notwithstanding any other provision of law,
Firefighting Fund’’ shall have been exhausted.       the Forest Service is authorized to employ or                   DEPARTMENT OF ENERGY
  Any funds available to the Forest Service may      otherwise contract with persons at regular rates       FOSSIL ENERGY RESEARCH AND DEVELOPMENT
be used for retrofitting Mare Island facilities to   of pay, as determined by the Service, to perform        For necessary expenses in carrying out fossil
accommodate the relocation: Provided, That           work occasioned by emergencies such as fires,        energy research and development activities,
funds for the move must come from funds other-       storms, floods, earthquakes or any other un-         under the authority of the Department of En-
wise available to Region 5: Provided further,        avoidable cause without regard to Sundays,           ergy Organization Act (Public Law 95–91), in-
That any funds to be provided for such purposes      Federal holidays, and the regular workweek.          cluding the acquisition of interest, including de-
shall only be available upon approval of the           To the greatest extent possible, and in accord-    feasible and equitable interests in any real prop-
House and Senate Committees on Appropria-            ance with the Final Amendment to the Shawnee         erty or any facility or for plant or facility acqui-
tions.                                               National Forest Plan, none of the funds avail-       sition or expansion, and for promoting health
  Funds appropriated to the Forest Service shall     able in this Act shall be used for preparation of    and safety in mines and the mineral industry
be available for assistance to or through the        timber sales using clearcutting or other forms of    through research (30 U.S.C. 3, 861(b), and
Agency for International Development and the         even aged management in hardwood stands in           951(a)), for conducting inquiries, technological
Foreign Agricultural Service in connection with      the Shawnee National Forest, Illinois.               investigations and research concerning the ex-
forest and rangeland research, technical infor-        Funds appropriated to the Forest Service shall     traction, processing, use, and disposal of min-
mation, and assistance in foreign countries, and     be available for interactions with and providing     eral substances without objectionable social and
shall be available to support forestry and relat-    technical assistance to rural communities for        environmental costs (30 U.S.C. 3, 1602, and
ed natural resource activities outside the United    sustainable rural development purposes.              1603), and for the development of methods for
States and its territories and possessions, in-        Notwithstanding any other provision of law,        the disposal, control, prevention, and reclama-
cluding technical assistance, education and          eighty percent of the funds appropriated to the      tion of waste products in the mining, minerals,
training, and cooperation with United States         Forest Service in the National Forest System         metal, and mineral reclamation industries (30
and international organizations.                     and Construction accounts and planned to be          U.S.C. 3 and 21a), $417,018,000, to remain avail-
  None of the funds made available to the For-       allocated to activities under the ‘‘Jobs in the      able until expended: Provided, That no part of
est Service under this Act shall be subject to       Woods’’ program for projects on National Forest      the sum herein made available shall be used for
transfer under the provisions of section 702(b) of   land in the State of Washington may be granted       the field testing of nuclear explosives in the re-
the Department of Agriculture Organic Act of         directly to the Washington State Department of       covery of oil and gas.
1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the     Fish and Wildlife for accomplishment of
proposed transfer is approved in advance by the      planned projects. Twenty percent of said funds               ALTERNATIVE FUELS PRODUCTION
House and Senate Committees on Appropria-            shall be retained by the Forest Service for plan-            (INCLUDING TRANSFER OF FUNDS)
tions in compliance with the reprogramming           ning and administering projects. Project selec-        Monies received as investment income on the
procedures contained in House Report 103–551.        tion and prioritization shall be accomplished by     principal amount in the Great Plains Project
H3892                                            CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
Trust at the Norwest Bank of North Dakota, in           consumption surveys for a term not to exceed          1997: Provided further, That of the funds pro-
such sums as are earned as of October 1, 1995,          eight years: Provided further, That notwith-          vided, not less than $11,306,000 shall be used to
shall be deposited in this account and imme-            standing any other provision of law, hereafter        carry out the loan repayment program under
diately transferred to the General Fund of the          the Manufacturing Energy Consumption Survey           section 108 of the Indian Health Care Improve-
Treasury. Monies received as revenue sharing            shall be conducted on a triennial basis.              ment Act, as amended: Provided further, That
from the operation of the Great Plains Gasifi-            ADMINISTRATIVE PROVISIONS, DEPARTMENT OF            funds provided in this Act may be used for one-
cation Plant shall be immediately transferred to                             ENERGY                           year contracts and grants which are to be per-
the General Fund of the Treasury.                                                                             formed in two fiscal years, so long as the total
                                                           Appropriations under this Act for the current
  NAVAL PETROLEUM AND OIL SHALE RESERVES                                                                      obligation is recorded in the year for which the
                                                        fiscal year shall be available for hire of pas-
  For necessary expenses in carrying      out naval                                                           funds are appropriated: Provided further, That
                                                        senger motor vehicles; hire, maintenance, and
petroleum and oil shale reserve           activities,                                                         the amounts collected by the Secretary of Health
                                                        operation of aircraft; purchase, repair, and
$148,786,000, to remain available until   expended:                                                           and Human Services under the authority of title
                                                        cleaning of uniforms; and reimbursement to the
Provided, That the requirements of        10 U.S.C.                                                           IV of the Indian Health Care Improvement Act
                                                        General Services Administration for security
7430(b)(2)(B) shall not apply to fiscal   year 1996:                                                          shall be available for two fiscal years after the
                                                        guard services.
Provided further, That section 501        of Public        From appropriations under this Act, transfers      fiscal year in which they were collected, for the
Law 101–45 is hereby repealed.                          of sums may be made to other agencies of the          purpose of achieving compliance with the appli-
                                                        Government for the performance of work for            cable conditions and requirements of titles
             ENERGY CONSERVATION
                                                        which the appropriation is made.                      XVIII and XIX of the Social Security Act (ex-
  For necessary expenses in carrying out energy                                                               clusive of planning, design, or construction of
conservation activities, $553,189,000, to remain           None of the funds made available to the De-
                                                        partment of Energy under this Act shall be used       new facilities): Provided further, That of the
available until expended, including, notwith-                                                                 funds provided, $7,500,000 shall remain available
standing any other provision of law, the excess         to implement or finance authorized price sup-
                                                        port or loan guarantee programs unless specific       until expended, for the Indian Self-Determina-
amount for fiscal year 1996 determined under                                                                  tion Fund, which shall be available for the
the provisions of section 3003(d) of Public Law         provision is made for such programs in an ap-
                                                        propriations Act.                                     transitional costs of initial or expanded tribal
99–509 (15 U.S.C. 4502), and of which $16,000,000                                                             contracts, grants or cooperative agreements with
shall be derived from available unobligated bal-           The Secretary is authorized to accept lands,
                                                        buildings, equipment, and other contributions         the Indian Health Service under the provisions
ances in the Biomass Energy Development ac-                                                                   of the Indian Self-Determination Act: Provided
count: Provided, That $140,696,000 shall be for         from public and private sources and to prosecute
                                                        projects in cooperation with other agencies,          further, That funding contained herein, and in
use in energy conservation programs as defined                                                                any earlier appropriations Acts for scholarship
in section 3008(3) of Public Law 99–509 (15             Federal, State, private, or foreign: Provided,
                                                        That revenues and other moneys received by or         programs under the Indian Health Care Im-
U.S.C. 4507) and shall not be available until ex-                                                             provement Act (25 U.S.C. 1613) shall remain
cess amounts are determined under the provi-            for the account of the Department of Energy or
                                                        otherwise generated by sale of products in con-       available for obligation until September 30, 1997:
sions of section 3003(d) of Public Law 99–509 (15                                                             Provided further, That amounts received by
U.S.C. 4502): Provided further, That notwith-           nection with projects of the Department appro-
                                                        priated under this Act may be retained by the         tribes and tribal organizations under title IV of
standing section 3003(d)(2) of Public Law 99–509                                                              the Indian Health Care Improvement Act, as
such sums shall be allocated to the eligible pro-       Secretary of Energy, to be available until ex-
                                                        pended, and used only for plant construction,         amended, shall be reported and accounted for
grams as follows: $114,196,000 for the weather-                                                               and available to the receiving tribes and tribal
ization assistance program and $26,500,000 for          operation, costs, and payments to cost-sharing
                                                        entities as provided in appropriate cost-sharing      organizations until expended.
the State energy conservation program.
                                                        contracts or agreements: Provided further, That                  INDIAN HEALTH FACILITIES
             ECONOMIC REGULATION
                                                        the remainder of revenues after the making of            For construction, repair, maintenance, im-
  For necessary expenses in carrying out the ac-        such payments shall be covered into the Treas-
tivities of the Economic Regulatory Administra-                                                               provement, and equipment of health and related
                                                        ury as miscellaneous receipts: Provided further,      auxiliary facilities, including quarters for per-
tion and the Office of Hearings and Appeals,            That any contract, agreement, or provision
$6,297,000, to remain available until expended.                                                               sonnel; preparation of plans, specifications, and
                                                        thereof entered into by the Secretary pursuant        drawings; acquisition of sites, purchase and
        STRATEGIC PETROLEUM RESERVE                     to this authority shall not be executed prior to      erection of modular buildings, and purchases of
        (INCLUDING TRANSFER OF FUNDS)                   the expiration of 30 calendar days (not includ-       trailers; and for provision of domestic and com-
   For necessary expenses for Strategic Petro-          ing any day in which either House of Congress         munity sanitation facilities for Indians, as au-
leum Reserve facility development and oper-             is not in session because of adjournment of more      thorized by section 7 of the Act of August 5, 1954
ations and program management activities pur-           than three calendar days to a day certain) from       (42 U.S.C. 2004a), the Indian Self-Determination
suant to the Energy Policy and Conservation             the receipt by the Speaker of the House of Rep-       Act and the Indian Health Care Improvement
Act of 1975, as amended (42 U.S.C. 6201 et seq.),       resentatives and the President of the Senate of       Act, and for expenses necessary to carry out the
$287,000,000, to remain available until expended,       a full comprehensive report on such project, in-      Act of August 5, 1954 (68 Stat. 674), the Indian
of which $187,000,000 shall be derived by trans-        cluding the facts and circumstances relied upon       Self-Determination Act, the Indian Health Care
fer of unobligated balances from the ‘‘SPR pe-          in support of the proposed project.                   Improvement Act, and titles II and III of the
troleum account’’ and $100,000,000 shall be de-            No funds provided in this Act may be ex-           Public Health Service Act with respect to envi-
rived by transfer from the ‘‘SPR Decommission-          pended by the Department of Energy to prepare,        ronmental health and facilities support activi-
ing Fund’’: Provided, That notwithstanding sec-         issue, or process procurement documents for pro-      ties of the Indian Health Service, $238,958,000, to
tion 161 of the Energy Policy and Conservation          grams or projects for which appropriations have       remain available until expended: Provided, That
Act, the Secretary shall draw down and sell up          not been made.                                        notwithstanding any other provision of law,
to seven million barrels of oil from the Strategic         DEPARTMENT OF HEALTH AND HUMAN                     funds appropriated for the planning, design,
Petroleum Reserve: Provided further, That the                               SERVICES                          construction or renovation of health facilities
proceeds from the sale shall be deposited into a                     INDIAN HEALTH SERVICE                    for the benefit of an Indian tribe or tribes may
special account in the Treasury, to be estab-                                                                 be used to purchase land for sites to construct,
                                                                    INDIAN HEALTH SERVICES
lished and known as the ‘‘SPR Decommissioning                                                                 improve, or enlarge health or related facilities.
Fund’’, and shall be available for the purpose of          For expenses necessary to carry out the Act of
                                                        August 5, 1954 (68 Stat. 674), the Indian Self-De-       ADMINISTRATIVE PROVISIONS, INDIAN HEALTH
removal of oil from and decommissioning of the                                                                                     SERVICE
Weeks Island site and for other purposes related        termination Act, the Indian Health Care Im-
to the operations of the Strategic Petroleum Re-        provement Act, and titles II and III of the Pub-        Appropriations in this Act to the Indian
serve.                                                  lic Health Service Act with respect to the Indian     Health Service shall be available for services as
            SPR PETROLEUM ACCOUNT
                                                        Health Service, $1,747,842,000, together with         authorized by 5 U.S.C. 3109 but at rates not to
                                                        payments received during the fiscal year pursu-       exceed the per diem rate equivalent to the maxi-
   Notwithstanding 42 U.S.C. 6240(d) the United         ant to 42 U.S.C. 300aaa–2 for services furnished      mum rate payable for senior-level positions
States share of crude oil in Naval Petroleum Re-        by the Indian Health Service: Provided, That          under 5 U.S.C. 5376; hire of passenger motor ve-
serve Numbered 1 (Elk Hills) may be sold or oth-        funds made available to tribes and tribal organi-     hicles and aircraft; purchase of medical equip-
erwise disposed of to other than the Strategic          zations through contracts, grant agreements, or       ment; purchase of reprints; purchase, renova-
Petroleum Reserve: Provided, That outlays in            any other agreements or compacts authorized by        tion and erection of modular buildings and ren-
fiscal year 1996 resulting from the use of funds        the Indian Self-Determination and Education           ovation of existing facilities; payments for tele-
in this account shall not exceed $5,000,000.            Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C.      phone service in private residences in the field,
     ENERGY INFORMATION ADMINISTRATION                  450), shall be deemed to be obligated at the time     when authorized under regulations approved by
  For necessary expenses in carrying out the ac-        of the grant or contract award and thereafter         the Secretary; and for uniforms or allowances
tivities of the Energy Information Administra-          shall remain available to the tribe or tribal orga-   therefor as authorized by law (5 U.S.C. 5901–
tion, $72,266,000, to remain available until ex-        nization without fiscal year limitation: Provided     5902); and for expenses of attendance at meet-
pended: Provided, That notwithstanding section          further, That $12,000,000 shall remain available      ings which are concerned with the functions or
4(d) of the Service Contract Act of 1965 (41            until expended, for the Indian Catastrophic           activities for which the appropriation is made or
U.S.C. 353(d)) or any other provision of law,           Health Emergency Fund: Provided further, That         which will contribute to improved conduct, su-
funds appropriated under this heading hereafter         $350,564,000 for contract medical care shall re-      pervision, or management of those functions or
may be used to enter into a contract for end use        main available for obligation until September 30,     activities: Provided, That in accordance with
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                      H3893
the provisions of the Indian Health Care Im-         may be used by the Office of Navajo and Hopi                   NATIONAL GALLERY OF ART
provement Act, non-Indian patients may be ex-        Indian Relocation to evict any single Navajo or                  SALARIES AND EXPENSES
tended health care at all tribally administered      Navajo family who, as of November 30, 1985, was        For the upkeep and operations of the National
or Indian Health Service facilities, subject to      physically domiciled on the lands partitioned to     Gallery of Art, the protection and care of the
charges, and the proceeds along with funds re-       the Hopi Tribe unless a new or replacement           works of art therein, and administrative ex-
covered under the Federal Medical Care Recov-        home is provided for such household: Provided        penses incident thereto, as authorized by the
ery Act (42 U.S.C. 2651–53) shall be credited to     further, That no relocatee will be provided with     Act of March 24, 1937 (50 Stat. 51), as amended
the account of the facility providing the service    more than one new or replacement home: Pro-          by the public resolution of April 13, 1939 (Public
and shall be available without fiscal year limi-     vided further, That the Office shall relocate any    Resolution 9, Seventy-sixth Congress), including
tation: Provided further, That notwithstanding       certified eligible relocatees who have selected      services as authorized by 5 U.S.C. 3109; payment
any other law or regulation, funds transferred       and received an approved homesite on the Nav-        in advance when authorized by the treasurer of
from the Department of Housing and Urban De-         ajo reservation or selected a replacement resi-      the Gallery for membership in library, museum,
velopment to the Indian Health Service shall be      dence off the Navajo reservation or on the land      and art associations or societies whose publica-
administered under Public Law 86–121 (the In-        acquired pursuant to 25 U.S.C. 640d–10.              tions or services are available to members only,
dian Sanitation Facilities Act) and Public Law         INSTITUTE OF AMERICAN INDIAN AND ALASKA            or to members at a price lower than to the gen-
93–638, as amended: Provided further, That              NATIVE CULTURE AND ARTS DEVELOPMENT               eral public; purchase, repair, and cleaning of
funds appropriated to the Indian Health Service                                                           uniforms for guards, and uniforms, or allow-
                                                                PAYMENT TO THE INSTITUTE
in this Act, except those used for administrative                                                         ances therefor, for other employees as author-
and program direction purposes, shall not be           For payment to the Institute of American In-
                                                     dian and Alaska Native Culture and Arts Devel-       ized by law (5 U.S.C. 5901–5902); purchase or
subject to limitations directed at curtailing Fed-                                                        rental of devices and services for protecting
eral travel and transportation: Provided fur-        opment, as authorized by title XV of Public Law
                                                     99–498 (20 U.S.C. 4401 et seq.), $5,500,000.         buildings and contents thereof, and mainte-
ther, That the Indian Health Service shall nei-                                                           nance, alteration, improvement, and repair of
ther bill nor charge those Indians who may have                  SMITHSONIAN INSTITUTION                  buildings, approaches, and grounds; and pur-
the economic means to pay unless and until                       SALARIES AND EXPENSES                    chase of services for restoration and repair of
such time as Congress has agreed upon a spe-                                                              works of art for the National Gallery of Art by
cific policy to do so and has directed the Indian       For necessary expenses of the Smithsonian In-
                                                     stitution, as authorized by law, including re-       contracts made, without advertising, with indi-
Health Service to implement such a policy: Pro-                                                           viduals, firms, or organizations at such rates or
vided further, That, notwithstanding any other       search in the fields of art, science, and history;
                                                     development, preservation, and documentation         prices and under such terms and conditions as
provision of law, funds previously or herein                                                              the Gallery may deem proper, $51,844,000, of
made available to a tribe or tribal organization     of the National Collections; presentation of pub-
                                                     lic exhibits and performances; collection, prepa-    which not to exceed $3,026,000 for the special ex-
through a contract, grant or agreement author-                                                            hibition program shall remain available until
ized by title I of the Indian Self-Determination     ration, dissemination, and exchange of informa-
                                                     tion and publications; conduct of education,         expended.
and Education Assistance Act of 1975 (88 Stat.
                                                     training, and museum assistance programs;                REPAIR, RESTORATION AND RENOVATION OF
2203; 25 U.S.C. 450), may be deobligated and re-
                                                     maintenance, alteration, operation, lease (for                          BUILDINGS
obligated to a self-governance funding agree-
ment under title III of the Indian Self-Deter-       terms not to exceed thirty years), and protection       For necessary expenses of repair, restoration
mination and Education Assistance Act of 1975        of buildings, facilities, and approaches; not to     and renovation of buildings, grounds and facili-
and thereafter shall remain available to the         exceed $100,000 for services as authorized by 5      ties owned or occupied by the National Gallery
tribe or tribal organization without fiscal year     U.S.C. 3109; up to 5 replacement passenger vehi-     of Art, by contract or otherwise, as authorized,
limitation: Provided further, That none of the       cles; purchase, rental, repair, and cleaning of      $6,442,000, to remain available until expended:
funds made available to the Indian Health Serv-      uniforms for employees; $311,188,000, of which       Provided, That contracts awarded for environ-
ice in this Act shall be used to implement the       not to exceed $3,000,000 for voluntary incentive     mental systems, protection systems, and exterior
final rule published in the Federal Register on      payments and other costs associated with em-         repair or renovation of buildings of the National
September 16, 1987, by the Department of Health      ployee separations pursuant to section 339 of        Gallery of Art may be negotiated with selected
and Human Services, relating to eligibility for      this Act shall remain available until expended,      contractors and awarded on the basis of con-
the health care services of the Indian Health        and of which not to exceed $30,472,000 for the       tractor qualifications as well as price.
Service until the Indian Health Service has sub-     instrumentation program, collections acquisi-        JOHN F. KENNEDY CENTER FOR THE PERFORMING
mitted a budget request reflecting the increased     tion, Museum Support Center equipment and                                   ARTS
costs associated with the proposed final rule,       move, exhibition reinstallation, the National
                                                                                                                   OPERATIONS AND MAINTENANCE
and such request has been included in an ap-         Museum of the American Indian, the repatri-
                                                     ation of skeletal remains program, research             For necessary expenses for the operation,
propriations Act and enacted into law: Provided                                                           maintenance and security of the John F. Ken-
further, That funds made available in this Act       equipment, information management, and
                                                     Latino programming shall remain available            nedy Center for the Performing Arts, $10,323,000:
are to be apportioned to the Indian Health Serv-                                                          Provided, That 40 U.S.C. 193n is hereby amend-
ice as appropriated in this Act, and accounted       until expended and, including such funds as
                                                     may be necessary to support American overseas        ed by striking the word ‘‘and’’ after the word
for in the appropriation structure set forth in                                                           ‘‘Institution’’ and inserting in lieu thereof a
this Act: Provided further, That the appropria-      research centers and a total of $125,000 for the
                                                     Council of American Overseas Research Centers:       comma, and by inserting ‘‘and the Trustees of
tion structure for the Indian Health Service may                                                          the John F. Kennedy Center for the Performing
not be altered without advance approval of the       Provided, That funds appropriated herein are
                                                     available for advance payments to independent        Arts,’’ after the word ‘‘Art,’’.
House and Senate Committees on Appropria-
tions.                                               contractors performing research services or par-                      CONSTRUCTION
                                                     ticipating in official Smithsonian presentations.      For necessary expenses of capital repair and
        DEPARTMENT OF EDUCATION
                                                       CONSTRUCTION AND IMPROVEMENTS, NATIONAL            rehabilitation of the existing features of the
     OFFICE OF ELEMENTARY AND SECONDARY
                                                                    ZOOLOGICAL PARK                       building and site of the John F. Kennedy Center
                    EDUCATION
                                                       For necessary expenses of planning, construc-      for the Performing Arts, $8,983,000, to remain
               INDIAN EDUCATION                                                                           available until expended.
                                                     tion, remodeling, and equipping of buildings
  For necessary expenses to carry out, to the ex-                                                          WOODROW WILSON INTERNATIONAL CENTER FOR
                                                     and facilities at the National Zoological Park,
tent not otherwise provided, title IX, part A,                                                                                SCHOLARS
                                                     by contract or otherwise, $3,250,000, to remain
subpart 1 of the Elementary and Secondary
                                                     available until expended.                                        SALARIES AND EXPENSES
Education Act of 1965, as amended, and section
215 of the Department of Education Organiza-             REPAIR AND RESTORATION OF BUILDINGS                For expenses necessary in carrying out the
tion Act, $52,500,000.                                 For necessary expenses of repair and restora-      provisions of the Woodrow Wilson Memorial Act
         OTHER RELATED AGENCIES                      tion of buildings owned or occupied by the           of 1968 (82 Stat. 1356) including hire of pas-
                                                     Smithsonian Institution, by contract or other-       senger vehicles and services as authorized by 5
      OFFICE OF NAVAJO AND HOPI INDIAN
                                                     wise, as authorized by section 2 of the Act of       U.S.C. 3109, $5,840,000.
                   RELOCATION
                                                     August 22, 1949 (63 Stat. 623), including not to       NATIONAL FOUNDATION ON THE ARTS AND THE
            SALARIES AND EXPENSES
                                                     exceed $10,000 for services as authorized by 5                          HUMANITIES
  For necessary expenses of the Office of Navajo
                                                     U.S.C. 3109, $33,954,000, to remain available              NATIONAL ENDOWMENT FOR THE ARTS
and Hopi Indian Relocation as authorized by
                                                     until expended: Provided, That contracts                       GRANTS AND ADMINISTRATION
Public Law 93–531, $20,345,000, to remain avail-
                                                     awarded for environmental systems, protection
able until expended: Provided, That funds pro-                                                               For necessary expenses to carry out the Na-
                                                     systems, and exterior repair or restoration of
vided in this or any other appropriations Act                                                             tional Foundation on the Arts and the Human-
                                                     buildings of the Smithsonian Institution may be
are to be used to relocate eligible individuals                                                           ities Act of 1965, as amended, $82,259,000, shall
                                                     negotiated with selected contractors and award-
and groups including evictees from District 6,                                                            be available to the National Endowment for the
                                                     ed on the basis of contractor qualifications as
Hopi-partitioned lands residents, those in sig-                                                           Arts for the support of projects and productions
                                                     well as price.
nificantly substandard housing, and all others                                                            in the arts through assistance to groups and in-
certified as eligible and not included in the pre-                    CONSTRUCTION                        dividuals pursuant to section 5(c) of the Act,
ceding categories: Provided further, That none         For necessary expenses for construction,           and for administering the functions of the Act,
of the funds contained in this or any other Act      $27,700,000, to remain available until expended.     to remain available until September 30, 1997.
H3894                                         CONGRESSIONAL RECORD — HOUSE                                                               April 25, 1996
               MATCHING GRANTS                          FRANKLIN DELANO ROOSEVELT MEMORIAL                 chase only American-made equipment and prod-
  To carry out the provisions of section 10(a)(2)                   COMMISSION                             ucts.
of the National Foundation on the Arts and the                    SALARIES AND EXPENSES                       (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In
Humanities Act of 1965, as amended, $17,235,000,       For necessary expenses of the Franklin Dela-        providing financial assistance using funds made
to remain available until September 30, 1997, to     no Roosevelt Memorial Commission, established         available in this Act, the head of each Federal
the National Endowment for the Arts, of which        by the Act of August 11, 1955 (69 Stat. 694), as      agency shall provide to each recipient of the as-
$7,500,000 shall be available for purposes of sec-   amended by Public Law 92–332 (86 Stat. 401),          sistance a notice describing the statement made
tion 5(p)(1): Provided, That this appropriation      $147,000, to remain available until September 30,     in paragraph (1) by the Congress.
shall be available for obligation only in such       1997.                                                    (c) PROHIBITION OF CONTRACTS WITH PERSONS
amounts as may be equal to the total amounts                                                               FALSELY LABELING PRODUCTS AS MADE IN
                                                           PENNSYLVANIA AVENUE DEVELOPMENT                 AMERICA.—If it has been finally determined by
of gifts, bequests, and devises of money, and
                                                                       CORPORATION                         a court or Federal agency that any person in-
other property accepted by the Chairman or by
grantees of the Endowment under the provisions                     PUBLIC DEVELOPMENT                      tentionally affixed a label bearing a ‘‘Made in
of section 10(a)(2), subsections 11(a)(2)(A) and       Funds made available under this heading in          America’’ inscription, or any inscription with
11(a)(3)(A) during the current and preceding fis-    prior years shall be available for operating and      the same meaning, to any product sold in or
cal years for which equal amounts have not pre-      administrative expenses and for the orderly clo-      shipped to the United States that is not made in
viously been appropriated.                           sure of the Corporation, as well as operating         the United States, the person shall be ineligible
                                                     and administrative expenses for the functions         to receive any contract or subcontract made
   NATIONAL ENDOWMENT FOR THE HUMANITIES
                                                     transferred to the General Services Administra-       with funds made available in this Act, pursuant
          GRANTS AND ADMINISTRATION                  tion.                                                 to the debarment, suspension, and ineligibility
   For necessary expenses to carry out the Na-        UNITED STATES HOLOCAUST MEMORIAL COUNCIL             procedures described in sections 9.400 through
tional Foundation on the Arts and the Human-                                                               9.409 of title 48, Code of Federal Regulations.
                                                              HOLOCAUST MEMORIAL COUNCIL
ities Act of 1965, as amended, $94,000,000, shall                                                             SEC. 308. None of the funds in this Act may be
be available to the National Endowment for the          For expenses of the Holocaust Memorial             used to plan, prepare, or offer for sale timber
Humanities for support of activities in the hu-      Council, as authorized by Public Law 96–388, as       from     trees    classified   as     giant   sequoia
manities, pursuant to section 7(c) of the Act,       amended, $28,707,000; of which $1,575,000 for the     (sequoiadendron giganteum) which are located
and for administering the functions of the Act,      Museum’s repair and rehabilitation program            on National Forest System or Bureau of Land
to remain available until September 30, 1997.        and $1,264,000 for the Museum’s exhibition pro-       Management lands in a manner different than
               MATCHING GRANTS                       gram shall remain available until expended.           such sales were conducted in fiscal year 1995.
  To carry out the provisions of section 10(a)(2)           TITLE III—GENERAL PROVISIONS                      SEC. 309. None of the funds made available by
of the National Foundation on the Arts and the          SEC. 301. The expenditure of any appropria-        this Act may be obligated or expended by the
Humanities Act of 1965, as amended, $16,000,000,     tion under this Act for any consulting service        National Park Service to enter into or implement
to remain available until September 30, 1997, of     through procurement contract, pursuant to 5           a concession contract which permits or requires
which $10,000,000 shall be available to the Na-      U.S.C. 3109, shall be limited to those contracts      the removal of the underground lunchroom at
tional Endowment for the Humanities for the          where such expenditures are a matter of public        the Carlsbad Caverns National Park.
purposes of section 7(h): Provided, That this ap-    record and available for public inspection, ex-          SEC. 310. Where the actual costs of construc-
propriation shall be available for obligation        cept where otherwise provided under existing          tion projects under self-determination contracts,
only in such amounts as may be equal to the          law, or under existing Executive order issued         compacts, or grants, pursuant to Public Laws
total amounts of gifts, bequests, and devises of     pursuant to existing law.                             93–638, 103–413, or 100–297, are less than the esti-
money, and other property accepted by the               SEC. 302. No part of any appropriation under       mated costs thereof, use of the resulting excess
Chairman or by grantees of the Endowment             this Act shall be available to the Secretary of       funds shall be determined by the appropriate
under the provisions of subsections 11(a)(2)(B)      the Interior or the Secretary of Agriculture for      Secretary after consultation with the tribes.
and 11(a)(3)(B) during the current and preced-       the leasing of oil and natural gas by non-               SEC. 311. Notwithstanding Public Law 103–413,
ing fiscal years for which equal amounts have        competitive bidding on publicly owned lands           quarterly payments of funds to tribes and tribal
not previously been appropriated.                    within the boundaries of the Shawnee National         organizations under annual funding agreements
                                                     Forest, Illinois: Provided, That nothing herein       pursuant to section 108 of Public Law 93–638, as
         INSTITUTE OF MUSEUM SERVICES
                                                     is intended to inhibit or otherwise affect the        amended, may be made on the first business day
          GRANTS AND ADMINISTRATION                  sale, lease, or right to access to minerals owned     following the first day of a fiscal quarter.
   For carrying out title II of the Arts, Human-     by private individuals.                                  SEC. 312. None of funds appropriated or other-
ities, and Cultural Affairs Act of 1976, as             SEC. 303. No part of any appropriation con-        wise made available by this Act may be used for
amended, $21,000,000, to remain available until      tained in this Act shall be available for any ac-     the AmeriCorps program, unless the relevant
September 30, 1997.                                  tivity or the publication or distribution of lit-     agencies of the Department of the Interior and/
                                                     erature that in any way tends to promote public       or Agriculture follow appropriate reprogram-
          ADMINISTRATIVE PROVISIONS
                                                     support or opposition to any legislative proposal     ming guidelines: Provided, That if no funds are
   None of the funds appropriated to the Na-         on which congressional action is not complete.        provided for the AmeriCorps program by the
tional Foundation on the Arts and the Human-            SEC. 304. No part of any appropriation con-        VA–HUD and Independent Agencies fiscal year
ities may be used to process any grant or con-       tained in this Act shall remain available for ob-     1996 appropriations bill, then none of the funds
tract documents which do not include the text of     ligation beyond the current fiscal year unless        appropriated or otherwise made available by
18 U.S.C. 1913: Provided, That none of the funds     expressly so provided herein.                         this Act may be used for the AmeriCorps pro-
appropriated to the National Foundation on the          SEC. 305. None of the funds provided in this       grams.
Arts and the Humanities may be used for offi-        Act to any department or agency shall be obli-           SEC. 313. (a) On or before April 1, 1996, the
cial reception and representation expenses.          gated or expended to provide a personal cook,         Pennsylvania Avenue Development Corporation
            COMMISSION OF FINE ARTS                  chauffeur, or other personal servants to any of-      shall—
            SALARIES AND EXPENSES                    ficer or employee of such department or agency           (1) transfer and assign in accordance with
                                                     except as otherwise provided by law.                  this section all of its rights, title, and interest in
   For expenses made necessary by the Act estab-                                                           and to all of the leases, covenants, agreements,
                                                        SEC. 306. No assessments may be levied against
lishing a Commission of Fine Arts (40 U.S.C.         any program, budget activity, subactivity, or         and easements it has executed or will execute by
104), $834,000.                                      project funded by this Act unless notice of such      March 31, 1996, in carrying out its powers and
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS           assessments and the basis therefor are presented      duties under the Pennsylvania Avenue Develop-
   For necessary expenses as authorized by Pub-      to the Committees on Appropriations and are           ment Corporation Act (40 U.S.C. 871–885) and
lic Law 99–190 (99 Stat. 1261; 20 U.S.C. 956(a)),    approved by such Committees.                          the Federal Triangle Development Act (40
as amended, $6,000,000.                                 SEC. 307. (a) COMPLIANCE WITH BUY AMER-            U.S.C. 1101–1109) to the General Services Admin-
                                                     ICAN ACT.—None of the funds made available in         istration, National Capital Planning Commis-
 ADVISORY COUNCIL ON HISTORIC PRESERVATION
                                                     this Act may be expended by an entity unless          sion, or the National Park Service; and
            SALARIES AND EXPENSES                    the entity agrees that in expending the funds            (2) except as provided by subsection (d), trans-
 For expenses necessary for the Advisory             the entity will comply with sections 2 through 4      fer all rights, title, and interest in and to all
Council on Historic Preservation, $2,500,000.        of the Act of March 3, 1933 (41 U.S.C. 10a–10c;       property, both real and personal, held in the
   NATIONAL CAPITAL PLANNING COMMISSION              popularly known as the ‘‘Buy American Act’’).         name of the Pennsylvania Avenue Development
                                                        (b) SENSE OF CONGRESS; REQUIREMENT RE-             Corporation to the General Services Administra-
            SALARIES AND EXPENSES                    GARDING NOTICE.—                                      tion.
  For necessary expenses, as authorized by the          (1) PURCHASE OF AMERICAN-MADE EQUIPMENT               (b) The responsibilities of the Pennsylvania
National Capital Planning Act of 1952 (40            AND PRODUCTS.—In the case of any equipment            Avenue Development Corporation transferred to
U.S.C. 71–71i), including services as authorized     or product that may be authorized to be pur-          the General Services Administration under sub-
by 5 U.S.C. 3109, $5,090,000: Provided, That all     chased with financial assistance provided using       section (a) include, but are not limited to, the
appointed members will be compensated at a           funds made available in this Act, it is the sense     following:
rate not to exceed the rate for Executive Sched-     of the Congress that entities receiving the assist-      (1) Collection of revenue owed the Federal
ule Level IV.                                        ance should, in expending the assistance, pur-        Government as a result of real estate sales or
April 25, 1996                                CONGRESSIONAL RECORD — HOUSE                                                                           H3895
lease agreements entered into by the Pennsylva-      Development Corporation property to complete               SEC. 314. No part of any appropriation con-
nia Avenue Development Corporation and pri-          any pending development projects.                       tained in this Act shall be obligated or expended
vate parties, including, at a minimum, with re-        (d)(1)(A) On or before April 1, 1996, the Penn-       to implement regulations or requirements that
spect to the following projects:                     sylvania Avenue Development Corporation shall           regulate the use of, or actions occurring on,
   (A) The Willard Hotel property on Square 225.     transfer all its right, title, and interest in and to   non-federal lands as a result of the draft or
   (B) The Gallery Row project on Square 457.        the property described in subparagraph (B) to           final environmental impact statements or
   (C) The Lansburgh’s project on Square 431.        the National Park Service, Department of the            records of decision for the Interior Columbia
   (D) The Market Square North project on            Interior.                                               Basin Ecosystem Management Project. Columbia
Square 407.                                            (B) The property referred to in subparagraph          Basin Ecosystem Management Project records of
   (2) Collection of sale or lease revenue owed      (A) is the property located within the Penn-            decision will not provide the legal authority for
the Federal Government (if any) in the event         sylvania Avenue National Historic Site depicted         any new formal rulemaking by any federal regu-
two undeveloped sites owned by the Pennsylva-        on a map entitled ‘‘Pennsylvania Avenue Na-             latory agency on the use of private property.
nia Avenue Development Corporation on                tional Historic Park’’, dated June 1, 1995, and            SEC. 315. RECREATIONAL FEE DEMONSTRATION
Squares 457 and 406 are sold or leased prior to      numbered 840–82441, which shall be on file and          PROGRAM.—(a) The Secretary of the Interior
April 1, 1996.                                       available for public inspection in the offices of       (acting through the Bureau of Land Manage-
   (3) Application of collected revenue to repay     the National Park Service, Department of the            ment, the National Park Service and the United
United States Treasury debt incurred by the          Interior. The Pennsylvania Avenue National              States Fish and Wildlife Service) and the Sec-
Pennsylvania Avenue Development Corporation          Historic Site includes the parks, plazas, side-         retary of Agriculture (acting through the Forest
in the course of acquiring real estate.              walks, special lighting, trees, sculpture, and me-      Service) shall each implement a fee program to
   (4) Performing financial audits for projects in   morials.                                                demonstrate the feasibility of user-generated
which the Pennsylvania Avenue Development              (2) Jurisdiction of Pennsylvania Avenue and
                                                                                                             cost recovery for the operation and maintenance
Corporation has actual or potential revenue ex-      all other roadways from curb to curb shall re-
                                                                                                             of recreation areas or sites and habitat enhance-
pectation, as identified in paragraphs (1) and       main with the District of Columbia but vendors
                                                     shall not be permitted to occupy street space ex-       ment projects on Federal lands.
(2), in accordance with procedures described in                                                                 (b) In carrying out the pilot program estab-
applicable sale or lease agreements.                 cept during temporary special events.
                                                       (3) The National Park Service shall be respon-        lished pursuant to this section, the appropriate
   (5) Disposition of real estate properties which
                                                     sible for management, administration, mainte-           Secretary shall select from areas under the juris-
are or become available for sale and lease or
                                                     nance, law enforcement, visitor services, re-           diction of each of the four agencies referred to
other uses.
                                                     source protection, interpretation, and historic         in subsection (a) no fewer than 10, but as many
   (6) Payment of benefits in accordance with
                                                     preservation at the Pennsylvania Avenue Na-             as 50, areas, sites or projects for fee demonstra-
the Uniform Relocation Assistance and Real
                                                     tional Historic Site.                                   tion. For each such demonstration, the Sec-
Property Acquisitions Policies Act of 1970 to
                                                       (4) The National Park Service may enter into          retary, notwithstanding any other provision of
which persons in the project area squares are
                                                     contracts, cooperative agreements, or other             law—
entitled as a result of the Pennsylvania Avenue
                                                     transactions with any agency or instrumentality            (1) shall charge and collect fees for admission
Development Corporation’s acquisition of real
                                                     of the United States, the several States, or the        to the area or for the use of outdoor recreation
estate.
                                                     District of Columbia or with any person, firm,          sites, facilities, visitor centers, equipment, and
   (7) Carrying out the responsibilities of the
                                                     association, or corporation as may be deemed            services by individuals and groups, or any com-
Pennsylvania Avenue Development Corporation
                                                     necessary or appropriate for the conduct of spe-        bination thereof;
under the Federal Triangle Development Act (40
U.S.C. 1101–1109), including responsibilities for    cial events, festivals, concerts, or other art and         (2) shall establish fees under this section
managing assets and liabilities of the Corpora-      cultural programs at the Pennsylvania Avenue            based upon a variety of cost recovery and fair
                                                     National Historic Site or may establish a non-          market valuation methods to provide a broad
tion under such Act.
   (c) In carrying out the responsibilities of the   profit foundation to solicit funds for such ac-         basis for feasibility testing;
Pennsylvania Avenue Development Corporation          tivities.                                                  (3) may contract, including provisions for rea-
                                                       (e) Notwithstanding any other provision of            sonable commissions, with any public or private
transferred under this section, the Adminis-
                                                     law, the responsibility for ensuring that devel-        entity to provide visitor services, including res-
trator of the General Services Administration
                                                     opment or redevelopment in the Pennsylvania             ervations and information, and may accept serv-
shall have the following powers:                     Avenue area is carried out in accordance with
   (1) To acquire lands, improvements, and prop-                                                             ices of volunteers to collect fees charged pursu-
                                                     the Pennsylvania Avenue Development Corpora-            ant to paragraph (1);
erties by purchase, lease or exchange, and to
                                                     tion Plan—1974, as amended, is transferred to              (4) may encourage private investment and
sell, lease, or otherwise dispose of real or per-    the National Capital Planning Commission or its
sonal property as necessary to complete the de-                                                              partnerships to enhance the delivery of quality
                                                     successor commencing April 1, 1996.                     customer services and resource enhancement,
velopment plan developed under section 5 of the        (f) SAVINGS PROVISIONS.—
Pennsylvania Avenue Development Corporation                                                                  and provide appropriate recognition to such
                                                       (1) REGULATIONS.—Any regulations prescribed
Act of 1972 (40 U.S.C. 874) if a notice of inten-                                                            partners or investors; and
                                                     by the Corporation in connection with the
tion to carry out such acquisition or disposal is                                                               (5) may assess a fine of not more than $100 for
                                                     Pennsylvania Avenue Development Corporation
first transmitted to the Committee on Transpor-                                                              any violation of the authority to collect fees for
                                                     Act of 1972 (40 U.S.C. 871–885) and the Federal
tation and Infrastructure and the Committee on                                                               admission to the area or for the use of outdoor
                                                     Triangle Development Act (40 U.S.C. 1101–1109)
Appropriations of the House of Representatives                                                               recreation sites, facilities, visitor centers, equip-
                                                     shall continue in effect until suspended by regu-
and the Committee on Environment and Public                                                                  ment, and services.
                                                     lations prescribed by the Administrator of the
Works and the Committee on Appropriations of                                                                    (c)(1) Amounts collected at each fee dem-
                                                     General Services Administration.
the Senate and at least 60 days elapse after the       (2) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS          onstration area, site or project shall be distrib-
date of such transmission.                           NOT AFFECTED.—Subsection (a) shall not be con-          uted as follows:
   (2) To modify from time to time the plan re-      strued as affecting the validity of any right,             (A) Of the amount in excess of 104% of the
ferred to in paragraph (1) if such modification is   duty, or obligation of the United States or any         amount collected in fiscal year 1995, and there-
first transmitted to the Committee on Transpor-      other person arising under or pursuant to any           after annually adjusted upward by 4%, eighty
tation and Infrastructure and the Committee on       contract, loan, or other instrument or agreement        percent to a special account in the Treasury for
Appropriations of the House of Representatives       which was in effect on the day before the date          use without further appropriation, by the agen-
and the Committee on Environment and Public          of the transfers under subsection (a).                  cy which administers the site, to remain avail-
Works and the Committee on Appropriations of           (3) CONTINUATION OF SUITS.—No action or               able for expenditures in accordance with para-
the Senate and at least 60 days elapse after the     other proceeding commenced by or against the            graph (2)(A).
date of such transmission.                           Corporation in connection with administration              (B) Of the amount in excess of 104% of the
   (3) To maintain any existing Pennsylvania         of the Pennsylvania Avenue Development Cor-             amount collected in fiscal year 1995, and there-
Avenue Development Corporation insurance             poration Act of 1972 (40 U.S.C. 871–885) and the        after annually adjusted upward by 4%, twenty
programs.                                            Federal Triangle Development Act (40 U.S.C.             percent to a special account in the Treasury for
   (4) To enter into and perform such leases, con-   1101–1109) shall abate by reason of enactment           use without further appropriation, by the agen-
tracts, or other transactions with any agency or     and implementation of this Act, except that the         cy which administers the site, to remain avail-
instrumentality of the United States, the several    General Services Administration shall be sub-           able for expenditure in accordance with para-
States, or the District of Columbia or with any      stituted for the Corporation as a party to any          graph (2)(B).
person, firm, association, or corporation as may     such action or proceeding.                                 (C) For agencies other than the Fish and
be necessary to carry out the responsibilities of      (g) Section 3(b) of the Pennsylvania Avenue           Wildlife Service, up to 15% of current year col-
the Pennsylvania Avenue Development Corpora-         Development Corporation Act of 1972 (40 U.S.C.          lections of each agency, but not greater than fee
tion under the Federal Triangle Development          872(b)) is amended as follows:                          collection costs for that fiscal year, to remain
Act (40 U.S.C. 1101–1109).                             ‘‘(b) The Corporation shall be dissolved on or        available for expenditure without further appro-
   (5) To request the Council of the District of     before April 1, 1996. Upon dissolution, assets,         priation in accordance with paragraph (2)(C).
Columbia to close any alleys necessary for the       obligations, indebtedness, and all unobligated             (D) For agencies other than the Fish and
completion of development in Square 457.             and unexpended balances of the Corporation              Wildlife Service, the balance to the special ac-
   (6) To use all of the funds transferred from      shall be transferred in accordance with the De-         count established pursuant to subparagraph (A)
the Pennsylvania Avenue Development Corpora-         partment of the Interior and Related Agencies           of section 4(i)(1) of the Land and Water Con-
tion or income earned on Pennsylvania Avenue         Appropriations Act, 1996.’’.                            servation Fund Act, as amended.
H3896                                           CONGRESSIONAL RECORD — HOUSE                                                              April 25, 1996
   (E) For the Fish and Wildlife Service, the bal-       (C) by adding after ‘‘Federal lands.’’ the fol-     counties of Lawrence, Monroe, or Washington,
ance shall be distributed in accordance with sec-      lowing:                                               Ohio, for the Wayne National Forest.
tion 201(c) of the Emergency Wetlands Re-                ‘‘(2) ACQUISITION BY DONATION.—                        SEC. 324. No part of any appropriation con-
sources Act.                                             (A) IN GENERAL.—The Secretary may acquire           tained in this Act or any other Act shall be ex-
   (2)(A) Expenditures from site specific special      by donation valid existing permits and grazing        pended or obligated to fund the activities of the
funds shall be for further activities of the area,     leases authorizing grazing on land in the park.       Office of Forestry and Economic Development
site or project from which funds are collected,          (B) TERMINATION.—The Secretary shall termi-
                                                                                                             after December 31, 1995.
and shall be accounted for separately.                 nate a grazing permit or grazing lease acquired
   (B) Expenditures from agency specific special       under subparagraph (A) so as to end grazing              SEC. 325. (a) For one year after enactment of
funds shall be for use on an agency-wide basis         previously authorized by the permit or lease.’’.      this Act, the Secretary shall continue the cur-
and shall be accounted for separately.                   SEC. 320. None of the funds made available in       rent Tongass Land Management Plan (TLMP)
   (C) Expenditures from the fee collection sup-       this Act shall be used by the Department of En-       and may accommodate commercial tourism (if
port fund shall be used to cover fee collection        ergy in implementing the Codes and Standards          an agreement is signed between the Forest Serv-
costs in accordance with section 4(i)(1)(B) of the     Program to propose, issue, or prescribe any new       ice and the Alaska Visitors’ Association) except
Land and Water Conservation Fund Act, as               or amended standard: Provided, That this sec-         that during this period, the Secretary shall
amended: Provided, That funds unexpended               tion shall expire on September 30, 1996: Provided     maintain at least the number of acres of suitable
and unobligated at the end of the fiscal year          further, That nothing in this section shall pre-      available and suitable scheduled timber lands,
shall not be deposited into the special account        clude the Federal Government from promulgat-          and Allowable Sale Quantity as identified in the
established pursuant to section 4(i)(1)(A) of said     ing rules concerning energy efficiency standards      Preferred Alternative (Alternative P) in the
Act and shall remain available for expenditure         for the construction of new federally-owned           Tongass Land and Resources Management Plan
without further appropriation.                         commercial and residential buildings.                 and Final Environmental Impact Statement
   (3) In order to increase the quality of the visi-     SEC. 321. None of the funds made available in       (dated October 1992) as selected in the Record of
tor experience at public recreational areas and        this Act may be used (1) to demolish the bridge       Decision Review Draft #3–2/93. Nothing in this
enhance the protection of resources, amounts           between Jersey City, New Jersey, and Ellis Is-        paragraph shall be interpreted to mandate
available for expenditure under this section may       land; or (2) to prevent pedestrian use of such        clear-cutting or require the sale of timber and
only be used for the area, site or project con-        bridge, when it is made known to the Federal          nothing in this paragraph, including the ASQ
cerned, for backlogged repair and maintenance          official having authority to obligate or expend       identified in Alternative P, shall be construed to
projects (including projects relating to health        such funds that such pedestrian use is consist-       limit the Secretary’s consideration of new infor-
and safety) and for interpretation, signage,           ent with generally accepted safety standards.         mation or to prejudice future revision, amend-
habitat or facility enhancement, resource pres-          SEC. 322. (a) None of the funds appropriated        ment or modification of TLMP based upon
ervation, annual operation (including fee collec-      or otherwise made available pursuant to this          sound, verifiable scientific data.
tion), maintenance, and law enforcement relat-         Act shall be obligated or expended to accept or          (b) If the Forest Service determines in a Sup-
ing to public use. The agencywide accounts may         process applications for a patent for any mining      plemental Evaluation to an Environmental Im-
be used for the same purposes set forth in the         or mill site claim located under the general min-     pact Statement that no additional analysis
preceding sentence, but for areas, sites or            ing laws.                                             under the National Environmental Policy Act or
projects selected at the discretion of the respec-       (b) The provisions of subsection (a) shall not      section 810 of the Alaska National Interest
tive agency head.                                      apply if the Secretary of the Interior determines     Lands Conservation Act is necessary for any
   (d)(1) Amounts collected under this section         that, for the claim concerned: (1) a patent appli-    timber sale or offering which has been prepared
shall not be taken into account for the purposes       cation was filed with the Secretary on or before      for acceptance by, or award to, a purchaser
of the Act of May 23, 1908 and the Act of March        September 30, 1994, and (2) all requirements es-      after December 31, 1988, that has been subse-
1, 1911 (16 U.S.C. 500), the Act of March 4, 1913      tablished under sections 2325 and 2326 of the Re-     quently determined by the Forest Service to be
(16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C.    vised Statutes (30 U.S.C. 29 and 30) for vein or      available for sale or offering to one or more
1012), the Act of August 8, 1937 and the Act of        lode claims and sections 2329, 2330, 2331, and        other purchaser, the change of purchasers for
May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of     2333 of the Revised Statutes (30 U.S.C. 35, 36,       whatever reason shall not be considered a sig-
June 14, 1926 (43 U.S.C. 869–4), chapter 69 of         and 37) for placer claims, and section 2337 of the    nificant new circumstance, and the Forest Serv-
title 31, United States Code, section 401 of the       Revised Statutes (30 U.S.C. 42) for mill site         ice may offer or award such timber sale or offer-
Act of June 15, 1935 (16 U.S.C. 715s), the Land        claims, as the case may be, were fully complied       ing to a different purchaser or offeree, notwith-
and Water Conservation Fund Act of 1965 (16            with by the applicant by that date.                   standing any other provision of law. A deter-
U.S.C. 460l), and any other provision of law re-         (c) PROCESSING SCHEDULE.—For those applica-         mination by the Forest Service pursuant to this
lating to revenue allocation.                          tions for patents pursuant to subsection (b)          paragraph shall not be subject to judicial re-
   (2) Fees charged pursuant to this section shall     which were filed with the Secretary of the Inte-      view.
be in lieu of fees charged under any other provi-      rior, prior to September 30, 1994, the Secretary of
                                                                                                                (c) The President is authorized to suspend the
sion of law.                                           the Interior shall—
                                                         (1) Within three months of the enactment of         provisions of subsections (a) or (b), or both, if he
   (e) The Secretary of the Interior and the Sec-                                                            determines that such suspension is appropriate
retary of Agriculture shall carry out this section     this Act, file with the House and Senate Com-
                                                       mittees on Appropriations and the Committee on        based upon the public interest in sound environ-
without promulgating regulations.                                                                            mental management, or protection of any cul-
   (f) The authority to collect fees under this sec-   Resources of the House of Representatives and
                                                       the Committee on Energy and Natural Resources         tural, biological, or historic resources. Any sus-
tion shall commence on October 1, 1995, and end                                                              pension by the President shall take effect on the
on September 30, 1998. Funds in accounts estab-        of the United States Senate a plan which details
                                                       how the Department of the Interior will make a        date of execution, and continue in effect for
lished shall remain available through September                                                              such period, not to extend beyond the period in
30, 2001.                                              final determination as to whether or not an ap-
                                                       plicant is entitled to a patent under the general     which this section would otherwise be in effect,
   SEC. 316. Section 2001(a)(2) of Public Law 104–
                                                       mining laws on at least 90 percent of such appli-     as the President may determine, and shall be re-
19 is amended as follows: Strike ‘‘September 30,
                                                       cations within five years of the enactment of         ported to the Congress prior to public release by
1997’’ and insert in lieu thereof ‘‘December 31,
                                                       this Act and file reports annually thereafter         the President. If the President suspends the pro-
1996’’.
                                                       with the same committees detailing actions            visions of subsections (a) or (b) or both, then
   SEC. 317. None of the funds made available in
                                                       taken by the Department of the Interior to carry      such provisions shall have no legal force or ef-
this Act may be used for any program, project,
                                                       out such plan; and                                    fect during such suspension.
or activity when it is made known to the Fed-
eral entity or official to which the funds are           (2) Take such actions as may be necessary to           SEC. 326. (a) LAND EXCHANGE.—The Secretary
made available that the program, project, or ac-       carry out such plan.                                  of the Interior (hereinafter referred to as the
tivity is not in compliance with any applicable          (d) MINERAL EXAMINATIONS.—In order to               ‘‘Secretary’’) is authorized to convey to the
Federal law relating to risk assessment, the pro-      process patent applications in a timely and re-       Boise Cascade Corporation (hereinafter referred
tection of private property rights, or unfunded        sponsible manner, upon the request of a patent        to as the ‘‘Corporation’’), a corporation formed
mandates.                                              applicant, the Secretary of the Interior shall        under the statutes of the State of Delaware,
   SEC. 318. None of the funds provided in this        allow the applicant to fund a qualified third-        with its principal place of business at Boise,
Act may be made available for the Mississippi          party contractor to be selected by the Bureau of      Idaho, title to approximately seven acres of
River Corridor Heritage Commission.                    Land Management to conduct a mineral exam-            land, more or less, located in sections 14 and 23,
   SEC. 319. GREAT BASIN NATIONAL PARK.—Sec-           ination of the mining claims or mill sites con-       township 36 north, range 37 east, Willamette
tion 3 of the Great Basin National Park Act of         tained in a patent application as set forth in        Meridian, Stevens County, Washington, further
1986 (16 U.S.C. 410mm–1) is amended—                   subsection (b). The Bureau of Land Manage-            identified in the records of the Bureau of Rec-
   (1) in the first sentence of subsection (e) by      ment shall have the sole responsibility to choose     lamation, Department of the Interior, as Tract
striking ‘‘shall’’ and inserting ‘‘may’’; and          and pay the third-party contractor in accord-         No. GC–19860, and to accept from the Corpora-
   (2) in subsection (f)—                              ance with the standard procedures employed by         tion in exchange therefor, title to approximately
   (A) by striking ‘‘At the request’’ and inserting    the Bureau of Land Management in the reten-           one hundred and thirty-six acres of land located
the following:                                         tion of third-party contractors.                      in section 19, township 37 north, range 38 east
   ‘‘(1) EXCHANGES.—At the request’’;                    SEC. 323. None of the funds appropriated or         and section 33, township 38 north, range 37 east,
   (B) by striking ‘‘grazing permits’’ and insert-     otherwise made available by this Act may be           Willamette Meridian, Stevens County, Washing-
ing ‘‘grazing permits and grazing leases’’; and        used for the purposes of acquiring lands in the       ton, and further identified in the records of the
April 25, 1996                                  CONGRESSIONAL RECORD — HOUSE                                                                       H3897
Bureau of Reclamation, Department of the Inte-            (b)(1) From the funds deposited into the Agri-   payments made in exchange for goods and serv-
rior, as Tract No. GC–19858 and Tract No. GC–          culture Fund and into the Interior Fund pursu-      ices.
19859, respectively.                                   ant to subsection (a)—                                 (c) No grant shall be used for seasonal support
  (b) APPRAISAL.—The properties so exchanged              (A) seventy-five percent shall be available,     to a group, unless the application is specific to
either shall be approximately equal in fair mar-       without fiscal year limitation or further appro-    the contents of the season, including identified
ket value or if they are not approximately equal,      priation, for preparation of timber sales, other    programs and/or projects.
shall be equalized by the payment of cash to the       than salvage sales as defined in section               SEC. 329. DELAY IN IMPLEMENTATION OF THE
Corporation or to the Secretary as required or in      2001(a)(3) of the fiscal year 1995 Supplemental     ADMINISTRATION’S RANGELAND REFORM PRO-
the event the value of the Corporation’s lands is      Appropriations for Disaster Assistance and Re-      GRAM.—None of the funds made available under
greater, the acreage may be reduced so that the        scissions Act, which—                               this or any other Act may be used to implement
fair market value is approximately equal: Pro-            (i) are situated on lands within the National    or enforce the final rule published by the Sec-
vided, That the Secretary shall order appraisals       Forest System and lands administered by the         retary of the Interior on February 22, 1995 (60
made of the fair market value of each tract of         Bureau of Land Management, respectively; and        Fed. Reg. 9894), making amendments to parts 4,
land included in the exchange without consider-           (ii) are in addition to timber sales for which   1780, and 4100 of title 43, Code of Federal Regu-
ation for improvements thereon: Provided fur-          funds are otherwise available in this Act or        lations, to take effect August 21, 1995, until No-
ther, That any cash payment received by the            other appropriations Acts; and                      vember 21, 1995. None of the funds made avail-
Secretary shall be covered in the Reclamation             (B) twenty-five percent shall be available,      able under this or any other Act may be used to
Fund and credited to the Columbia Basin                without fiscal year limitation or further appro-    publish proposed or enforce final regulations
project.                                               priation, to expend on the backlog of recreation    governing the management of livestock grazing
  (c) ADMINISTRATIVE COSTS.—Costs of conduct-          projects on lands within the National Forest        on lands administered by the Forest Service
ing the necessary land surveys, preparing the          System and lands administered by the Bureau of      until November 21, 1995.
legal descriptions of the lands to be conveyed,        Land Management, respectively.                         SEC. 330. Section 1864 of title 18, United States
performing the appraisals, and administrative             (2) Expenditures under this subsection for       Code, is amended—
costs incurred in completing the exchange shall        preparation of timber sales may include expend-        (1) in subsection (b)—
be borne by the Corporation.                           itures for Forest Service activities within the        (A) in paragraph (2), by striking ‘‘twenty’’
  (d) LIABILITY FOR HAZARDOUS SUBSTANCES.—             forest land management budget line item and         and inserting ‘‘40’’;
(1) The Secretary shall not acquire any lands          associated timber roads, and Bureau of Land            (B) in paragraph (3), by striking ‘‘ten’’ and
under this Act if the Secretary determines that        Management activities within the Oregon and         inserting ‘‘20’’;
such lands, or any portion thereof, have become        California grant lands account and the forestry        (C) in paragraph (4), by striking ‘‘if damage
contaminated with hazardous substances (as de-         management area account, as determined by the       exceeding $10,000 to the property of any individ-
fined in the Comprehensive Environmental Re-           Secretary concerned.                                ual results,’’ and inserting ‘‘if damage to the
sponse, Compensation, and Liability Act (42               (c) Revenues received from any timber sale       property of any individual results or if avoid-
U.S.C. 9601)).                                         prepared under subsection (b) or under this sub-    ance costs have been incurred exceeding $10,000,
  (2) Notwithstanding any other provision of           section, minus the amounts necessary for State      in the aggregate,’’; and
law, the United States shall have no responsibil-      and local government payments and other nec-           (D) in paragraph (4), by striking ‘‘ten’’ and
ity or liability with respect to any hazardous         essary deposits, shall be deposited into the Fund   inserting ‘‘20’’;
wastes or other substances placed on any of the        from which funds were expended on such sale.           (2) in subsection (c) by striking ‘‘ten’’ and in-
lands covered by this Act after their transfer to      Such deposited revenues shall be available for      serting ‘‘20’’;
the ownership of any party, but nothing in this        preparation of additional timber sales and com-        (3) in subsection (d), by—
Act shall be construed as either diminishing or        pletion of additional recreation projects in ac-       (A) striking ‘‘and’’ at the end of paragraph
increasing any responsibility or liability of the      cordance with the requirements set forth in sub-    (2);
United States based on the condition of such           section (b).                                           (B) striking the period at the end of para-
lands on the date of their transfer to the owner-         (d) The Secretary concerned shall terminate      graph (3) and inserting ‘‘; and’’; and
ship of another party. The Corporation shall in-       all payments into the Agriculture Fund or the          (C) adding at the end the following:
demnify the United States for liabilities arising      Interior Fund, and pay any unobligated funds           ‘‘(4) the term ‘avoidance costs’ means costs in-
under the Comprehensive Environmental Re-              in the affected Fund into the United States         curred by any individual for the purpose of—
sponse, Compensation, and Liability Act (42            Treasury as miscellaneous receipts, whenever           ‘‘(A) detecting a hazardous or injurious de-
U.S.C. 9601), and the Resource Conservation Re-        the Secretary concerned makes a finding, pub-       vice; or
covery Act (42 U.S.C. 6901 et seq.).                   lished in the Federal Register, that sales suffi-      ‘‘(B) preventing death, serious bodily injury,
  (e) AUTHORIZATION OF APPROPRIATIONS.—                cient to achieve the total allowable sales quan-    bodily injury, or property damage likely to re-
There are authorized to be appropriated such           tity of the National Forest System for the Forest   sult from the use of a hazardous or injurious de-
sums as may be necessary to carry out the pur-         Service or the allowable sales level for the Or-    vice in violation of subsection (a).’’; and
poses of this Act.                                     egon and California grant lands for the Bureau         (4) by adding at the end thereof the following:
  SEC. 327. TIMBER SALES PIPELINE RESTORA-             of Land Management, respectively, have been            ‘‘(e) Any person injured as the result of a vio-
TION FUNDS.—(a) The Secretary of Agriculture           prepared.                                           lation of subsection (a) may commence a civil
and the Secretary of the Interior shall each es-          (e) Any timber sales prepared and recreation     action on his own behalf against any person
tablish a Timber Sales Pipeline Restoration            projects completed under this section shall com-    who is alleged to be in violation of subsection
Fund (hereinafter ‘‘Agriculture Fund’’ and ‘‘In-       ply with all applicable environmental and natu-     (a). The district courts shall have jurisdiction,
terior Fund’’ or ‘‘Funds’’). Any revenues re-          ral resource laws and regulations.                  without regard to the amount in controversy or
ceived from sales released under section 2001(k)          (f) The Secretary concerned shall report an-     the citizenship of the parties, in such civil ac-
of the fiscal year 1995 Supplemental Appropria-        nually to the Committees on Appropriations of       tions. The court may award, in addition to mon-
tions for Disaster Assistance and Rescissions          the United States Senate and the House of Rep-      etary damages for any injury resulting from an
Act, minus the funds necessary to make pay-            resentatives on expenditures made from the          alleged violation of subsection (a), costs of liti-
ments to States or local governments under             Fund for timber sales and recreation projects,      gation, including reasonable attorney and ex-
other law concerning the distribution of reve-         revenues received into the Fund from timber         pert witness fees, to any prevailing or substan-
nues derived from the affected lands, which are        sales, and timber sale preparation and recre-       tially prevailing party, whenever the court de-
in excess of $37,500,000 (hereinafter ‘‘excess reve-   ation project work undertaken during the pre-       termines such award is appropriate.’’.
nues’’) shall be deposited into the Funds. The         vious year and projected for the next year under       SEC. 331. (a) PURPOSES OF NATIONAL ENDOW-
distribution of excess revenues between the Agri-      the Fund. Such information shall be provided        MENT FOR THE ARTS.—Section 2 of the National
culture Fund and Interior Fund shall be cal-           for each Forest Service region and Bureau of        Foundation on the Arts and the Humanities Act
culated by multiplying the total of excess reve-       Land Management State office.                       of 1965, as amended (20 U.S.C. 951), sets out
nues times a fraction with a denominator of the           (g) The authority of this section shall termi-   findings and purposes for which the National
total revenues received from all sales released        nate upon the termination of both Funds in ac-      Endowment for the Arts was established, among
under such section 2001(k) and numerators of           cordance with the provisions of subsection (d).     which are—
the total revenues received from such sales on            SEC. 328. Of the funds provided to the Na-          (1) ‘‘The arts and humanities belong to all the
lands within the National Forest System and            tional Endowment for the Arts:                      people of the United States’’;
the total revenues received from such sales on            (a) The Chairperson shall only award a grant        (2) ‘‘The arts and humanities reflect the high
lands administered by the Bureau of Land Man-          to an individual if such grant is awarded to        place accorded by the American people . . . to
agement, respectively: Provided, That revenues         such individual for a literature fellowship, Na-    the fostering of mutual respect for the diverse
or portions thereof from sales released under          tional Heritage Fellowship, or American Jazz        beliefs and values of all persons and groups’’;
such section 2001(k), minus the amounts nec-           Masters Fellowship.                                    (3) ‘‘Public funding of the arts and human-
essary for State and local government payments            (b) The Chairperson shall establish procedures   ities is subject to the conditions that tradition-
and other necessary deposits, may be deposited         to ensure that no funding provided through a        ally govern the use of public money [and] such
into the Funds immediately upon receipt thereof        grant, except a grant made to a State or re-        funding should contribute to public support and
and subsequently redistributed between the             gional group, may be used to make a grant to        confidence in the use of taxpayer funds’’; and
Funds or paid into the United States Treasury          any other organization or individual to conduct        (4) ‘‘Public funds provided by the Federal
as miscellaneous receipts as may be required           activity independent of the direct grant recipi-    Government must ultimately serve public pur-
when the calculation of excess revenues is made.       ent. Nothing in this subsection shall prohibit      poses the Congress defines’’.
H3898                                           CONGRESSIONAL RECORD — HOUSE                                                               April 25, 1996
   (b) ADDITIONAL CONGRESSIONAL FINDINGS.—             and method for transitioning from general avia-       untary separation incentive payment has been
Congress further finds and declares that the use       tion aircraft to historic aircraft shall be com-      paid.
of scarce funds, which have been taken from all        pleted; such transition to be accomplished by           This Act may be cited as the ‘‘Department of
taxpayers of the United States, to promote, dis-       that date. This action shall not be construed to      the Interior and Related Agencies Appropria-
seminate, sponsor, or produce any material or          limit the authority of the Federal Aviation Ad-       tions Act, 1996’’.
performance that—                                      ministration over air traffic control or aviation       (d) For programs, projects or activities for in
   (1) denigrates the religious objects or religious   activities at Pearson Field or limit operations       the Departments of Labor, Health and Human
beliefs of the adherents of a particular religion,     and airspace of Portland International Airport.       Services, and Education, and Related Agencies
or                                                        SEC. 335. The United States Forest Service ap-     Appropriations Act, 1996, provided as follows, to
   (2) depicts or describes, in a patently offensive   proval of Alternative site 2 (ALT 2), issued on       be effective as if it had been enacted into law as
way, sexual or excretory activities or organs,         December 6, 1993, is hereby authorized and ap-        the regular appropriations Act:
is contrary to the express purposes of the Na-         proved and shall be deemed to be consistent           AN ACT Making appropriations for the Depart-
tional Foundation on the Arts and the Human-           with, and permissible under, the terms of Public        ments of Labor, Health and Human Services,
ities Act of 1965, as amended.                         Law 100–696 (the Arizona-Idaho Conservation             and Education, and related agencies, for the
   (c) PROHIBITION ON FUNDING THAT IS NOT              Act of 1988).                                           fiscal year ending September 30, 1996 and for
CONSISTENT WITH THE PURPOSES OF THE ACT.—                 SEC. 336. None of the funds made available to        other purposes
Notwithstanding any other provision of law,            the Department of the Interior or the Depart-               TITLE I—DEPARTMENT OF LABOR
none of the scarce funds which have been taken         ment of Agriculture by this or any other Act            EMPLOYMENT AND TRAINING ADMINISTRATION
from all taxpayers of the United States and            may be used to issue or implement final regula-             TRAINING AND EMPLOYMENT SERVICES
made available under this Act to the National          tions, rules, or policies pursuant to Title VIII of
Endowment for the Arts may be used to pro-                                                                      For expenses necessary to carry into effect the
                                                       the Alaska National Interest Lands Conserva-
mote, disseminate, sponsor, or produce any ma-                                                               Job Training Partnership Act, as amended, in-
                                                       tion Act to assert jurisdiction, management, or
terial or performance that—                                                                                  cluding the purchase and hire of passenger
                                                       control over navigable waters transferred to the
   (1) denigrates the religious objects or religious                                                         motor vehicles, the construction, alteration, and
                                                       State of Alaska pursuant to the Submerged
beliefs of the adherents of a particular religion,                                                           repair of buildings and other facilities, and the
                                                       Lands Act of 1953 or the Alaska Statehood Act
or                                                                                                           purchase of real property for training centers as
                                                       of 1959.
   (2) depicts or describes, in a patently offensive                                                         authorized by the Job Training Partnership Act;
                                                          Section 337. Directs the Department of the In-
way, sexual or excretory activities or organs,                                                               title II of the Civil Rights Act of 1991; the
                                                       terior to transfer to the Daughters of the Amer-
and this prohibition shall be strictly applied                                                               Women in Apprenticeship and Nontraditional
                                                       ican Colonists a plaque in the possession of the
without regard to the content or viewpoint of                                                                Occupations Act; National Skill Standards Act
                                                       National Park Service. The Park Service cur-
the material or performance.                                                                                 of 1994; and the School-to-Work Opportunities
                                                       rently has this plaque in storage and this provi-
   (d) SECTION NOT TO AFFECT OTHER WORKS.—                                                                   Act; $4,146,278,000 plus reimbursements, of
                                                       sion provides for its return to the organization
Nothing in this section shall be construed to af-                                                            which $3,226,559,000 is available for obligation
                                                       that originally placed the plaque on the Great
fect in any way the freedom of any artist or per-                                                            for the period July 1, 1996 through June 30, 1997;
                                                       Southern Hotel in Saint Louis, Missouri in 1933
former to create any material or performance                                                                 of which $121,467,000 is available for the period
                                                       to mark the site of Fort San Carlos.
using funds which have not been made available                                                               July 1, 1996 through June 30, 1999 for necessary
                                                          SEC. 338. Upon enactment of this Act, all
under this Act to the National Endowment for                                                                 expenses of construction, rehabilitation, and ac-
                                                       funds obligated in fiscal year 1996 under ‘‘Sala-
the Arts.                                                                                                    quisition of Job Corps centers; and of which
                                                       ries and expenses’’, Pennsylvania Avenue De-
   SEC. 332. For purposes related to the closure of                                                          $170,000,000 shall be available from July 1, 1996
                                                       velopment Corporation are to be offset by unob-
the Bureau of Mines, funds made available to                                                                 through September 30, 1997, for carrying out ac-
                                                       ligated balances made available under this Act
the United States Geological Survey, the United                                                              tivities of the School-to-Work Opportunities Act:
                                                       under the account ‘‘Public development’’, Penn-
States Bureau of Mines, and the Bureau of                                                                    Provided, That $52,502,000 shall be for carrying
                                                       sylvania Avenue Development Corporation and
Land Management shall be available for trans-                                                                out section 401 of the Job Training Partnership
                                                       all funds obligated in fiscal year 1996 under
fer, with the approval of the Secretary of the In-                                                           Act, $69,285,000 shall be for carrying out section
                                                       ‘‘International forestry’’, Forest Service are to
terior, among the following accounts: United                                                                 402 of such Act, $7,300,000 shall be for carrying
                                                       be offset, as appropriate by funds made avail-
States Geological Survey, Surveys, investiga-                                                                out section 441 of such Act, $8,000,000 shall be
                                                       able under this Act under the accounts ‘‘Forest
tions, and research; Bureau of Mines, Mines                                                                  for all activities conducted by and through the
                                                       research’’ ‘‘State and private forestry’’, ‘‘Na-
and minerals; and Bureau of Land Manage-                                                                     National Occupational Information Coordinat-
                                                       tional forest system’’, and ‘‘Construction’’ in
ment, Management of lands and resources. The                                                                 ing Committee under such Act, $850,000,000 shall
                                                       the Forest Service.
Secretary of Energy shall reimburse the Sec-              SEC. 339. (a) Notwithstanding any other provi-     be for carrying out title II, part A of such Act,
retary of the Interior, in an amount to be deter-      sion of law, in order to avoid or minimize the        $126,672,000 shall be for carrying out title II,
mined by the Director of the Office of Manage-         need for involuntary separations due to a reduc-      part C of such Act and $2,500,000 shall be avail-
ment and Budget, for the expenses of the trans-        tion in force, reorganizations, transfer of func-     able for obligation from October 1, 1995 through
ferred functions between October 1, 1995 and the       tion, or other similar action, the Secretary of the   September 30, 1996 to support short-term train-
effective date of the transfers of function. Such      Smithsonian Institution may pay, or authorize         ing and employment-related activities incurred
transfers shall be subject to the reprogramming        the payment of, voluntary separation incentive        by the organizer of the 1996 Paralympic Games:
guidelines of the House and Senate Committees          payments to Smithsonian Institution employees         Provided further, That no funds from any other
on Appropriations.                                     who separate from Federal service voluntarily         appropriation shall be used to provide meal
   SEC. 333. No funds appropriated under this or       through October 1, 1996 (whether by retirement        services at or for Job Corps centers: Provided
any other Act shall be used to review or modify        or resignation).                                      further, That notwithstanding any other provi-
sourcing areas previously approved under sec-             (b) A voluntary separation incentive pay-          sion of law, the Secretary of Labor may waive
tion 490(c)(3) of the Forest Resources Conserva-       ment—                                                 any of the requirements contained in sections 4,
tion and Shortage Relief Act of 1990 (Public              (1) shall be paid in a lump sum after the em-      104, 105, 107, 108, 121, 164, 204, 253, 254, 264, 301,
Law 101–382) or to enforce or implement Federal        ployee’s separation in an amount to be deter-         311, 313, 314, and 315 of the Job Training Part-
regulations 36 CFR part 223 promulgated on             mined by the Secretary, but shall not exceed          nership Act in order to assist States in improv-
September 8, 1995. The regulations and interim         $25,000; and                                          ing State workforce development systems, pursu-
rules in effect prior to September 8, 1995 (36 CFR        (2) shall not be a basis for payment, and shall    ant to a request submitted by a State that has
223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36        not be included in the computation, of any            prior to the date of enactment of this Act exe-
CFR 223 Subpart F, and 36 CFR 261.6) shall re-         other type of benefit.                                cuted a Memorandum of Understanding with
main in effect. The Secretary of Agriculture or           (c)(1) An employee who has received a vol-         the United States requiring such State to meet
the Secretary of the Interior shall not adopt any      untary separation incentive payment under this        agreed upon outcomes: Provided further, That
policies concerning Public Law 101–382 or exist-       section and accepts employment with any agen-         funds used from this Act to carry out title III of
ing regulations that would restrain domestic           cy or instrumentality of the United States with-      the Job Training Partnership Act shall not be
transportation or processing of timber from pri-       in 5 years after the date of the separation on        subject to the limitation contained in subsection
vate lands or impose additional accountability         which the payment is based shall be required to       (b) of section 315 of such Act; that the waiver
requirements on any timber. The Secretary of           repay the entire amount of the incentive pay-         allowing a reduction in the cost limitation relat-
Commerce shall extend until September 30, 1996,        ment to the Smithsonian Institution.                  ing to retraining services described in subsection
the order issued under section 491(b)(2)(A) of            (2) The repayment required by paragraph (1)        (a)(2) of such section 315 may be granted with
Public Law 101–382 and shall issue an order            may be waived only by the Secretary.                  respect to funds from this Act if a substate
under section 491(b)(2)(B) of such law that will          (d) In addition to any other payments which        grantee demonstrates to the Governor that such
be effective October 1, 1996.                          it is required to make under subchapter III of        waiver is appropriate due to the availability of
   SEC. 334. The National Park Service, in ac-         chapter 83 of title 5, United States Code, the        low-cost retraining services, is necessary to fa-
cordance with the Memorandum of Agreement              Smithsonian shall remit to the Office of Person-      cilitate the provision of needs-related payments
between the United States National Park Service        nel Management for deposit in the Treasury of         to accompany long-term training, or is nec-
and the City of Vancouver dated November 4,            the United States to the credit of the Civil Serv-    essary to facilitate the provision of appropriate
1994, shall permit general aviation on its portion     ice Retirement and Disability Fund an amount          basic readjustment services and that funds used
of Pearson Field in Vancouver, Washington              equal to 15 percent of the final basic pay of each    from this Act to carry out the Secretary’s discre-
until the year 2022, during which time a plan          employee of the Smithsonian to whom a vol-            tionary grants under part B of such title III
April 25, 1996                                  CONGRESSIONAL RECORD — HOUSE                                                                     H3899
may be used to provide needs-related payments          ber 31, 1996, except that funds used for automa-       PENSION BENEFIT GUARANTY CORPORATION
to participants who, in lieu of meeting the re-        tion acquisitions shall be available for obliga-    PENSION BENEFIT GUARANTY CORPORATION FUND
quirements relating to enrollment in training          tion by States through September 30, 1998; and        The Pension Benefit Guaranty Corporation is
under section 314(e) of such Act, are enrolled in      of which $133,452,000, together with not to ex-     authorized to make such expenditures, includ-
training by the end of the sixth week after            ceed $738,283,000 of the amount which may be        ing financial assistance authorized by section
funds have been awarded: Provided further,             expended from said trust fund shall be available    104 of Public Law 96–364, within limits of funds
That service delivery areas may transfer fund-         for obligation for the period July 1, 1996,         and borrowing authority available to such Cor-
ing provided herein under authority of titles II–      through June 30, 1997, to fund activities under     poration, and in accord with law, and to make
B and II–C of the Job Training Partnership Act         the Act of June 6, 1933, as amended, including      such contracts and commitments without regard
between the programs authorized by those titles        the cost of penalty mail made available to States   to fiscal year limitations as provided by section
of that Act, if such transfer is approved by the       in lieu of allotments for such purpose, and of      104 of the Government Corporation Control Act,
Governor: Provided further, That service deliv-        which $216,333,000 shall be available only to the   as amended (31 U.S.C. 9104), as may be nec-
ery areas and substate areas may transfer fund-        extent necessary for additional State allocations   essary in carrying out the program through Sep-
ing provided herein under authority of title II–       to administer unemployment compensation laws        tember 30, 1996, for such Corporation: Provided,
A and title III of the Job Training Partnership        to finance increases in the number of unemploy-     That not to exceed $10,603,000 shall be available
Act between the programs authorized by those           ment insurance claims filed and claims paid or      for administrative expenses of the Corporation:
titles of the Act, if such transfer is approved by     changes in a State law: Provided, That to the       Provided further, That expenses of such Cor-
the Governor: Provided further, That, notwith-         extent that the Average Weekly Insured Unem-        poration in connection with the collection of
standing any other provision of law, any pro-          ployment (AWIU) for fiscal year 1996 is pro-        premiums, the termination of pension plans, for
ceeds from the sale of Job Corps Center facilities     jected by the Department of Labor to exceed         the acquisition, protection or management, and
shall be retained by the Secretary of Labor to         2.785 million, an additional $28,600,000 shall be   investment of trust assets, and for benefits ad-
carry out the Job Corps program.                       available for obligation for every 100,000 in-      ministration services shall be considered as non-
 COMMUNITY SERVICE EMPLOYMENT FOR OLDER                crease in the AWIU level (including a pro rata      administrative expenses for the purposes hereof,
               AMERICANS                               amount for any increment less than 100,000)         and excluded from the above limitation.
  To carry out the activities for national grants      from the Employment Security Administration
                                                                                                              EMPLOYMENT STANDARDS ADMINISTRATION
or contracts with public agencies and public or        Account of the Unemployment Trust Fund: Pro-
                                                       vided further, That funds appropriated in this                  SALARIES AND EXPENSES
private nonprofit organizations under para-                                                                  For necessary expenses for the Employment
graph (1)(A) of section 506(a) of title V of the       Act which are used to establish a national one-
                                                       stop career center network may be obligated in      Standards Administration, including reimburse-
Older Americans Act of 1965, as amended, or to                                                             ment to State, Federal, and local agencies and
carry out older worker activities as subsequently      contracts, grants or agreements with non-State
                                                       entities: Provided further, That funds appro-       their employees for inspection services rendered,
authorized, $290,940,000.                                                                                  $265,637,000, together with $1,007,000 which may
  To carry out the activities for grants to States     priated under this Act for activities authorized
                                                       under the Wagner-Peyser Act, as amended, and        be expended from the Special Fund in accord-
under paragraph (3) of section 506(a) of title V
                                                       title III of the Social Security Act, may be used   ance with sections 39(c) and 44(j) of the
of the Older Americans Act of 1965, as amended,
                                                       by the States to fund integrated Employment         Longshore and Harbor Workers’ Compensation
or to carry out older worker activities as subse-
                                                       Service and Unemployment Insurance automa-          Act: Provided, That the Secretary of Labor is
quently authorized, $82,060,000.
                                                       tion efforts, notwithstanding cost allocation       authorized to accept, retain, and spend, until
     FEDERAL UNEMPLOYMENT BENEFITS AND                                                                     expended, in the name of the Department of
                                                       principles prescribed under Office of Manage-
                ALLOWANCES                                                                                 Labor, all sums of money ordered to be paid to
                                                       ment and Budget Circular A–87.
  For payments during the current fiscal year of        ADVANCES TO THE UNEMPLOYMENT TRUST FUND            the Secretary of Labor, in accordance with the
trade adjustment benefit payments and allow-                         AND OTHER FUNDS                       terms of the Consent Judgment in Civil Action
ances under part I, and for training, for allow-                                                           No. 91–0027 of the United States District Court
                                                         For repayable advances to the Unemployment
ances for job search and relocation, and for re-                                                           for the District of the Northern Mariana Islands
                                                       Trust Fund as authorized by sections 905(d) and
lated State administrative expenses under part                                                             (May 21, 1992): Provided further, That the Sec-
                                                       1203 of the Social Security Act, as amended, and
II, subchapters B and D, chapter 2, title II of                                                            retary of Labor is authorized to establish and,
                                                       to the Black Lung Disability Trust Fund as au-
the Trade Act of 1974, as amended, $346,100,000,                                                           in accordance with 31 U.S.C. 3302, collect and
                                                       thorized by section 9501(c)(1) of the Internal
together with such amounts as may be necessary                                                             deposit in the Treasury fees for processing ap-
                                                       Revenue Code of 1954, as amended; and for non-
to be charged to the subsequent appropriation                                                              plications and issuing certificates under sections
                                                       repayable advances to the Unemployment Trust
for payments for any period subsequent to Sep-                                                             11(d) and 14 of the Fair Labor Standards Act of
                                                       Fund as authorized by section 8509 of title 5,
tember 15 of the current year.                                                                             1938, as amended (29 U.S.C. 211(d) and 214) and
                                                       United States Code, and section 104(d) of Public
     STATE UNEMPLOYMENT INSURANCE AND                                                                      for processing applications and issuing registra-
                                                       Law 102–164, and section 5 of Public Law 103–
       EMPLOYMENT SERVICE OPERATIONS                                                                       tions under Title I of the Migrant and Seasonal
                                                       6, and to the ‘‘Federal unemployment benefits
  For activities authorized by the Act of June 6,                                                          Agricultural Worker Protection Act, 29 U.S.C.
                                                       and allowances’’ account, to remain available
1933, as amended (29 U.S.C. 49–49l–1; 39 U.S.C.                                                            1801 et seq.
                                                       until September 30, 1997, $369,000,000.
3202(a)(1)(E)); title III of the Social Security         In addition, for making repayable advances to                     SPECIAL BENEFITS
Act, as amended (42 U.S.C. 502–504); necessary         the Black Lung Disability Trust Fund in the                 (INCLUDING TRANSFER OF FUNDS)
administrative expenses for carrying out 5             current fiscal year after September 15, 1996, for     For the payment of compensation, benefits,
U.S.C. 8501–8523, and sections 225, 231–235, 243–      costs incurred by the Black Lung Disability         and expenses (except administrative expenses)
244, and 250(d)(1), 250(d)(3), title II of the Trade   Trust Fund in the current fiscal year, such sums    accruing during the current or any prior fiscal
Act of 1974, as amended; as authorized by sec-         as may be necessary.                                year authorized by title 5, chapter 81 of the
tion 7c of the Act of June 6, 1933, as amended,        ADVANCES TO THE EMPLOYMENT SECURITY ADMIN-          United States Code; continuation of benefits as
necessary administrative expenses under sec-             ISTRATION ACCOUNT OF THE UNEMPLOYMENT             provided for under the head ‘‘Civilian War Ben-
tions 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3),      TRUST FUND                                        efits’’ in the Federal Security Agency Appro-
(n)(1), and 218(g) (1), (2), and (3), and 258(c) of                      (RESCISSION)                      priation Act, 1947; the Employees’ Compensation
the Immigration and Nationality Act, as amend-           Amounts remaining unobligated under this          Commission Appropriation Act, 1944; and sec-
ed (8 U.S.C. 1101 et seq.); necessary administra-      heading as of September 30, 1995, are hereby re-    tions 4(c) and 5(f) of the War Claims Act of 1948
tive expenses to carry out section 221(a) of the       scinded.                                            (50 U.S.C. App. 2012); and 50 per centum of the
Immigration Act of 1990, $135,328,000, together         PAYMENTS TO THE UNEMPLOYMENT TRUST FUND            additional compensation and benefits required
with not to exceed $3,102,194,000 (including not                    AND OTHER FUNDS                        by section 10(h) of the Longshore and Harbor
to exceed $1,653,000 which may be used for am-                           (RESCISSION)
                                                                                                           Workers’ Compensation Act, as amended,
ortization payments to States which had inde-            Of the amounts remaining unobligated under        $218,000,000 together with such amounts as may
pendent retirement plans in their State employ-        this heading as of September 30, 1995,              be necessary to be charged to the subsequent
ment service agencies prior to 1980, and includ-       $266,000,000 are hereby rescinded.                  year appropriation for the payment of com-
ing not to exceed $2,000,000 which may be obli-                                                            pensation and other benefits for any period sub-
                                                                  PROGRAM ADMINISTRATION
gated in contracts with non-State entities for                                                             sequent to August 15 of the current year: Pro-
                                                         For expenses of administering employment
activities such as occupational and test research                                                          vided, That such sums as are necessary may be
                                                       and training programs and for carrying out sec-
activities which benefit the Federal-State Em-                                                             used under section 8104 of title 5, United States
                                                       tion 908 of the Social Security Act, $83,054,000,
ployment Service System), which may be ex-                                                                 Code, by the Secretary to reimburse an em-
                                                       together with not to exceed $40,793,000, which
pended from the Employment Security Adminis-                                                               ployer, who is not the employer at the time of
                                                       may be expended from the Employment Security
tration account in the Unemployment Trust                                                                  injury, for portions of the salary of a reem-
                                                       Administration account in the Unemployment
Fund, and of which the sums available in the                                                               ployed, disabled beneficiary: Provided further,
                                                       Trust Fund.
allocation for activities authorized by title III of                                                       That balances of reimbursements unobligated on
the Social Security Act, as amended (42 U.S.C.                 PENSION AND WELFARE BENEFITS                September 30, 1995, shall remain available until
502–504), and the sums available in the alloca-                        ADMINISTRATION                      expended for the payment of compensation, ben-
tion for necessary administrative expenses for                     SALARIES AND EXPENSES                   efits, and expenses: Provided further, That in
carrying out 5 U.S.C. 8501–8523, shall be avail-         For necessary expenses for Pension and Wel-       addition there shall be transferred to this appro-
able for obligation by the States through Decem-       fare Benefits Administration, $67,497,000.          priation from the Postal Service and from any
H3900                                           CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
other corporation or instrumentality required          under this paragraph shall be obligated or ex-                 DEPARTMENTAL MANAGEMENT
under section 8147(c) of title 5, United States        pended to administer or enforce any standard,                      SALARIES AND EXPENSES
Code, to pay an amount for its fair share of the       rule, regulation, or order under the Occupa-            For necessary expenses for Departmental
cost of administration, such sums as the Sec-          tional Safety and Health Act of 1970 with re-         Management, including the hire of three sedans,
retary of Labor determines to be the cost of ad-       spect to any employer of ten or fewer employees       and including up to $4,358,000 for the Presi-
ministration for employees of such fair share en-      who is included within a category having an oc-       dent’s Committee on Employment of People With
tities through September 30, 1996: Provided fur-       cupational injury lost workday case rate, at the      Disabilities, $141,047,000; together with not to
ther, That of those funds transferred to this ac-      most precise Standard Industrial Classification       exceed $303,000, which may be expended from
count from the fair share entities to pay the cost     Code for which such data are published, less          the Employment Security Administration ac-
of administration, $19,383,000 shall be made           than the national average rate as such rates are      count in the Unemployment Trust Fund: Pro-
available to the Secretary of Labor for expendi-       most recently published by the Secretary, acting      vided, That no funds made available by this Act
tures relating to capital improvements in sup-         through the Bureau of Labor Statistics, in ac-        may be used by the Solicitor of Labor to partici-
port of Federal Employees’ Compensation Act            cordance with section 24 of that Act (29 U.S.C.
                                                                                                             pate in a review in any United States court of
administration, and the balance of such funds          673), except—
                                                                                                             appeals of any decision made by the Benefits
shall be paid into the Treasury as miscellaneous         (1) to provide, as authorized by such Act, con-
                                                       sultation, technical assistance, educational and      Review Board under Section 21 of the Longshore
receipts: Provided further, That the Secretary                                                               and Harbor Workers’ Compensation Act (33
may require that any person filing a notice of         training services, and to conduct surveys and
                                                       studies;                                              U.S.C. 921) where such participation is pre-
injury or a claim for benefits under Subchapter                                                              cluded by the decision of the United States Su-
5, U.S.C., chapter 81, or under subchapter 33,           (2) to conduct an inspection or investigation
                                                       in response to an employee complaint, to issue a      preme Court in Director, Office of Workers’
U.S.C. 901, et seq. (the Longshore and Harbor                                                                Compensation Programs v. Newport News Ship-
Workers’ Compensation Act, as amended), pro-           citation for violations found during such inspec-
                                                       tion, and to assess a penalty for violations          building, 115 S. Ct. 1278, (1995): Provided fur-
vide as part of such notice and claim, such iden-                                                            ther, That no funds made available by this Act
tifying information (including Social Security         which are not corrected within a reasonable
                                                       abatement period and for any willful violations       may be used by the Secretary of Labor after
account number) as such regulations may pre-                                                                 September 12, 1996, to review a decision under
scribe.                                                found;
                                                         (3) to take any action authorized by such Act       the Longshore and Harbor Workers’ Compensa-
      BLACK LUNG DISABILITY TRUST FUND                 with respect to imminent dangers;                     tion Act (33 U.S.C. 901 et seq.) that has been ap-
        (INCLUDING TRANSFER OF FUNDS)                    (4) to take any action authorized by such Act       pealed and that has been pending before the
   For payments from the Black Lung Disability         with respect to health hazards;                       Benefits Review Board for more than 12 months,
Trust Fund, $996,763,000, of which $949,494,000          (5) to take any action authorized by such Act       except as otherwise specified herein: Provided
shall be available until September 30, 1997, for       with respect to a report of an employment acci-       further, That any such decision pending a re-
payment of all benefits as authorized by section       dent which is fatal to one or more employees or       view by the Benefits Review Board for more
9501(d) (1), (2), (4), and (7), of the Internal Rev-   which results in hospitalization of two or more       than one year shall, if not acted upon by the
enue Code of 1954, as amended, and interest on         employees, and to take any action pursuant to         Board before September 12, 1996, be considered
advances as authorized by section 9501(c)(2) of        such investigation authorized by such Act; and        affirmed by the Benefits Review Board on that
that Act, and of which $27,350,000 shall be              (6) to take any action authorized by such Act       date, and shall be considered the final order of
available for transfer to Employment Standards         with respect to complaints of discrimination          the Board for purposes of obtaining a review in
Administration, Salaries and Expenses, and             against employees for exercising rights under         the United States courts of appeals: Provided
$19,621,000 for transfer to Departmental Man-          such Act:                                             further, That beginning on September 13, 1996,
agement, Salaries and Expenses, and $298,000           Provided further, That the foregoing proviso          the Benefits Review Board shall make a decision
for transfer to Departmental Management, Of-           shall not apply to any person who is engaged in       on an appeal of a decision under the Longshore
fice of Inspector General, for expenses of oper-       a farming operation which does not maintain a         and Harbor Workers’ Compensation Act (33
ation and administration of the Black Lung             temporary labor camp and employs ten or fewer         U.S.C. 901 et seq.) not later than 1 year after the
Benefits program as authorized by section              employees.                                            date the appeal to the Benefits Review Board
9501(d)(5)(A) of that Act: Provided, That in ad-          MINE SAFETY AND HEALTH ADMINISTRATION              was filed; however, if the Benefits Review Board
dition, such amounts as may be necessary may                        SALARIES AND EXPENSES                    fails to make a decision within the 1-year pe-
be charged to the subsequent year appropriation                                                              riod, the decision under review shall be consid-
                                                          For necessary expenses for the Mine Safety
for the payment of compensation, interest, or                                                                ered the final order of the Board for purposes of
                                                       and Health Administration, $196,673,000, includ-
other benefits for any period subsequent to Au-                                                              obtaining a review in the United States courts of
                                                       ing purchase and bestowal of certificates and
gust 15 of the current year: Provided further,                                                               appeals: Provided further, That these provisions
                                                       trophies in connection with mine rescue and
That in addition such amounts shall be paid                                                                  shall not be applicable to the review of any deci-
                                                       first-aid work, and the hire of passenger motor
from this fund into miscellaneous receipts as the                                                            sion issued under the Black Lung Benefits Act
                                                       vehicles; the Secretary is authorized to accept
Secretary of the Treasury determines to be the                                                               (30 U.S.C. 901 et seq.).
                                                       lands, buildings, equipment, and other contribu-        Beginning on September 13, 1996, in any ap-
administrative expenses of the Department of           tions from public and private sources and to
the Treasury for administering the fund during                                                               peal to the Benefits Review Board that has been
                                                       prosecute projects in cooperation with other          pending for one year, the petitioner may elect to
the current fiscal year, as authorized by section      agencies, Federal, State, or private; the Mine
9501(d)(5)(B) of that Act.                                                                                   maintain the proceeding before the Benefits Re-
                                                       Safety and Health Administration is authorized        view Board for a period of 60 days. Such elec-
       OCCUPATIONAL SAFETY AND HEALTH                  to promote health and safety education and            tion shall be filed with the Board no later than
                  ADMINISTRATION                       training in the mining community through coop-        30 days prior to the end of the one-year period.
             SALARIES AND EXPENSES                     erative programs with States, industry, and           If no decision is rendered during this 60-day pe-
                                                       safety associations; and any funds available to       riod, the decision under review shall be consid-
  For necessary expenses for the Occupational
                                                       the Department may be used, with the approval         ered affirmed by the Board on the last day of
Safety and Health Administration, $304,984,000
                                                       of the Secretary, to provide for the costs of mine    such period, and shall be considered the final
including not to exceed $68,295,000 which shall
                                                       rescue and survival operations in the event of a      order of the Board for purposes of obtaining a
be the maximum amount available for grants to
                                                       major disaster: Provided, That none of the            review in the United States courts of appeals.
States under section 23(g) of the Occupational
                                                       funds appropriated under this paragraph shall
Safety and Health Act, which grants shall be no                                                                           WORKING CAPITAL FUND
                                                       be obligated or expended to carry out section 115
less than fifty percent of the costs of State occu-                                                            The language under this heading in Public
                                                       of the Federal Mine Safety and Health Act of
pational safety and health programs required to                                                              Law 85–67, as amended, is further amended by
                                                       1977 or to carry out that portion of section
be incurred under plans approved by the Sec-                                                                 adding the following before the last period: ‘‘:
                                                       104(g)(1) of such Act relating to the enforcement
retary under section 18 of the Occupational                                                                  Provided further, That within the Working Cap-
                                                       of any training requirements, with respect to
Safety and Health Act of 1970; and, in addition,                                                             ital Fund, there is established an Investment in
                                                       shell dredging, or with respect to any sand,
notwithstanding 31 U.S.C. 3302, the Occupa-                                                                  Reinvention Fund (IRF), which shall be avail-
                                                       gravel, surface stone, surface clay, colloidal
tional Safety and Health Administration may                                                                  able to invest in projects of the Department de-
                                                       phosphate, or surface limestone mine.
retain up to $750,000 per fiscal year of training                                                            signed to produce measurable improvements in
institute course tuition fees, otherwise author-                 BUREAU OF LABOR STATISTICS                  agency efficiency and significant taxpayer sav-
ized by law to be collected, and may utilize such                   SALARIES AND EXPENSES                    ings. Notwithstanding any other provision of
sums for occupational safety and health train-           For necessary expenses for the Bureau of            law, the Secretary of Labor may retain up to
ing and education grants: Provided, That none          Labor Statistics, including advances or reim-         $3,900,000 of the unobligated balances in the De-
of the funds appropriated under this paragraph         bursements to State, Federal, and local agencies      partment’s annual Salaries and Expenses ac-
shall be obligated or expended to prescribe,           and their employees for services rendered,            counts as of September 30, 1995, and transfer
issue, administer, or enforce any standard, rule,      $293,181,000, of which $11,549,000 shall be for ex-   those amounts to the IRF to provide the initial
regulation, or order under the Occupational            penses of revising the Consumer Price Index and       capital for the IRF, to remain available until ex-
Safety and Health Act of 1970 which is applica-        shall remain available until September 30, 1997,      pended, to make loans to agencies of the De-
ble to any person who is engaged in a farming          together with not to exceed $51,278,000, which        partment for projects designed to enhance pro-
operation which does not maintain a temporary          may be expended from the Employment Security          ductivity and generate cost savings. Such loans
labor camp and employs ten or fewer employees:         Administration account in the Unemployment            shall be repaid to the IRF no later than Septem-
Provided further, That no funds appropriated           Trust Fund.                                           ber 30 of the fiscal year following the fiscal year
April 25, 1996                                 CONGRESSIONAL RECORD — HOUSE                                                                        H3901
in which the project is completed. Such repay-        management/administrative, and occupational           VACCINE INJURY COMPENSATION PROGRAM TRUST
ments shall be deposited in the IRF, to be avail-     health professionals: Provided further, That of                          FUND
able without further appropriation action.’’          the funds made available under this heading,            For payments from the Vaccine Injury Com-
      ASSISTANT SECRETARY FOR VETERANS                $858,000 shall be available until expended for fa-    pensation Program Trust Fund, such sums as
          EMPLOYMENT AND TRAINING                     cilities renovations at the Gillis W. Long Han-       may be necessary for claims associated with vac-
  Not to exceed $170,390,000 may be derived from      sen’s Disease Center: Provided further, That in       cine-related injury or death with respect to vac-
the Employment Security Administration ac-            addition to fees authorized by section 427(b) of      cines administered after September 30, 1988, pur-
count in the Unemployment Trust Fund to carry         the Health Care Quality Improvement Act of            suant to subtitle 2 of title XXI of the Public
out the provisions of 38 U.S.C. 4100–4110A and        1986, fees shall be collected for the full disclo-    Health Service Act, to remain available until ex-
4321–4327, and Public Law 103–353, and which          sure of information under the Act sufficient to       pended: Provided, That for necessary adminis-
shall be available for obligation by the States       recover the full costs of operating the National      trative expenses, not to exceed $3,000,000 shall
through December 31, 1996.                            Practitioner Data Bank, and shall remain avail-       be available from the Trust Fund to the Sec-
                                                      able until expended to carry out that Act: Pro-       retary of Health and Human Services.
         OFFICE OF INSPECTOR GENERAL
                                                      vided further, That no more than $5,000,000 is                 VACCINE INJURY COMPENSATION
  For salaries and expenses of the Office of In-      available for carrying out the provisions of Pub-
spector General in carrying out the provisions of                                                             For payment of claims resolved by the United
                                                      lic Law 104–73: Provided further, That of the         States Court of Federal Claims related to the ad-
the Inspector General Act of 1978, as amended,        funds made available under this heading,
$44,426,000, together with not to exceed                                                                    ministration of vaccines before October 1, 1988,
                                                      $193,349,000 shall be for the program under title     $110,000,000, to remain available until expended.
$3,615,000, which may be expended from the Em-        X of the Public Health Service Act to provide for
ployment Security Administration account in           voluntary family planning projects: Provided                 CENTERS FOR DISEASE CONTROL AND
the Unemployment Trust Fund.                          further, That amounts provided to said projects                          PREVENTION
             GENERAL PROVISIONS                       under such title shall not be expended for abor-         DISEASE CONTROL, RESEARCH, AND TRAINING
  SEC. 101. None of the funds appropriated in         tions, that all pregnancy counseling shall be                            (RESCISSION)
this title for the Job Corps shall be used to pay     nondirective, and that such amounts shall not            Of the amounts made available under this
the compensation of an individual, either as di-      be expended for any activity (including the pub-      heading in Public Law 103–333, Public Law 103–
rect costs or any proration as an indirect cost,      lication or distribution of literature) that in any   112, and Public Law 102–394 for immunization
at a rate in excess of $125,000.                      way tends to promote public support or opposi-        activities, $53,000,000 are hereby rescinded: Pro-
  SEC. 102. None of the funds made available in       tion to any legislative proposal or candidate for     vided, That the Director may redirect the total
this Act may be used by the Occupational Safe-        public office: Provided further, That notwith-        amount made available under authority of Pub-
ty and Health Administration directly or              standing any other provision of law, funds            lic Law 101–502, section 3, dated November 3,
through section 23(g) of the Occupational Safety      made available under this heading may be used         1990, to activities the Director may so designate:
and Health Act to promulgate or issue any pro-        to continue operating the Council on Graduate         Provided further, That the Congress is to be no-
posed or final standard or guideline regarding        Medical Education established by section 301 of       tified promptly of any such transfer.
ergonomic protection. Nothing in this section         Public Law 102–408: Provided further, That the             SUBSTANCE ABUSE AND MENTAL HEALTH
shall be construed to limit the Occupational          Secretary shall use amounts available for sec-                     SERVICES ADMINISTRATION
Safety and Health Administration from conduct-        tion 2603(b) of the Public Health Service Act as      SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ing any peer reviewed risk assessment activity        necessary to ensure that fiscal year 1996 grant
                                                      awards made under section 2603(a) of such Act            For carrying out titles V and XIX of the Pub-
regarding ergonomics, including conducting
                                                      to eligible areas that received such grants in fis-   lic Health Service Act with respect to substance
peer reviews of the scientific basis for establish-
                                                      cal year 1995 are not less than 99 percent of the     abuse and mental health services, the Protection
ing any standard or guideline, direct or con-
                                                      fiscal year 1995 level: Provided further,That         and Advocacy for Mentally Ill Individuals Act
tracted research, or other activity necessary to
                                                      funds made available under this heading for ac-       of 1986, and section 301 of the Public Health
fully establish the scientific basis for promulgat-
                                                      tivities authorized by part A of title XXVI of the    Service Act with respect to program manage-
ing any standard or guideline on ergonomic pro-
                                                      Public Health Service Act are available only for      ment, $1,883,715,000.
tection.
                                                      those metropolitan areas previously funded              RETIREMENT PAY AND MEDICAL BENEFITS FOR
              (TRANSFER OF FUNDS)
                                                      under Public Law 103–333 or with a cumulative                   COMMISSIONED OFFICERS
   SEC. 103. Not to exceed 1 percent of any ap-
propriation made available for the current fiscal     total of more than 2,000 cases of AIDS, as re-          For retirement pay and medical benefits of
year for the Department of Labor in this Act          ported to the Centers for Disease Control and         Public Health Service Commissioned Officers as
may be transferred between such appropria-            Prevention as of March 31, 1995, and have a           authorized by law, and for payments under the
tions, but no such appropriation shall be in-         population of 500,000 or more: Provided further,      Retired Serviceman’s Family Protection Plan
creased by more than 3 percent by any such            That of the amounts provided for part B of title      and Survivor Benefit Plan and for medical care
transfers: Provided, That the Appropriations          XXVI of the Public Health Service Act                 of dependents and retired personnel under the
Committees of both Houses of Congress are noti-       $52,000,000 shall be used only for State AIDS         Dependents’ Medical Care Act (10 U.S.C. ch.
fied at least fifteen days in advance of any          Drug Assistance Programs authorized by section        55), and for payments pursuant to section 229(b)
transfers.                                            2616 of the Health Service Act and shall be dis-      of the Social Security Act (42 U.S.C. 429(b)),
   SEC. 104. Funds shall be available for carrying    tributed to States as authorized by section           such amounts as may be required during the
out title IV–B of the Job Training Partnership        2618(b)(2) of such Act.                               current fiscal year.
Act, notwithstanding section 427(c) of that Act,      MEDICAL FACILITIES GUARANTEE AND LOAN FUND
                                                                                                                 AGENCY FOR HEALTH CARE POLICY AND
if a Job Corps center fails to meet national per-                                                                                RESEARCH
formance standards established by the Sec-               FEDERAL INTEREST SUBSIDIES FOR MEDICAL                   HEALTH CARE POLICY AND RESEARCH
retary.                                                                FACILITIES                              For carrying out titles III and IX of the Pub-
   This title may be cited as the ‘‘Department of                                                           lic Health Service Act, and part A of title XI of
Labor Appropriations Act, 1996’’.                       For carrying out subsections (d) and (e) of
                                                      section 1602 of the Public Health Service Act,        the Social Security Act, $65,186,000; in addition,
 TITLE II—DEPARTMENT OF HEALTH AND                    $8,000,000, together with any amounts received        amounts received from Freedom of Information
               HUMAN SERVICES                         by the Secretary in connection with loans and         Act fees, reimbursable and interagency agree-
        HEALTH RESOURCES AND SERVICES                 loan guarantees under title VI of the Public          ments, and the sale of data tapes shall be cred-
                 ADMINISTRATION                       Health Service Act, to be available without fis-      ited to this appropriation and shall remain
        HEALTH RESOURCES AND SERVICES                 cal year limitation for the payment of interest       available until expended: Provided, That the
                                                      subsidies. During the fiscal year, no commit-         amount made available pursuant to section
  For carrying out titles II, III, VII, VIII, X,
                                                      ments for direct loans or loan guarantees shall       926(b) of the Public Health Service Act shall not
XVI, XIX, and XXVI of the Public Health Serv-
                                                      be made.                                              exceed $60,124,000.
ice Act, section 427(a) of the Federal Coal Mine
Health and Safety Act, title V of the Social Se-                                                                HEALTH CARE FINANCING ADMINISTRATION
                                                      HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
curity Act, the Health Care Quality Improve-                                                                        GRANTS TO STATES FOR MEDICAID
ment Act of 1986, as amended, Public Law 101–           For the cost of guaranteed loans, such sums            For carrying out, except as otherwise pro-
527, and the Native Hawaiian Health Care Act          as may be necessary to carry out the purpose of       vided, titles XI and XIX of the Social Security
of 1988, as amended, $3,077,857,000, of which         the program, as authorized by title VII of the        Act, $55,094,355,000, to remain available until ex-
$391,700,000 shall be for a part A of title XXVI      Public Health Service Act, as amended: Pro-           pended.
of the Public Health Service Act and $260,847,000     vided, That such costs, including the cost of            For making, after May 31, 1996, payments to
shall be for Part B of title XXVI of the Public       modifying such loans, shall be as defined in sec-     States under title XIX of the Social Security Act
Health Service Act, and of which $411,000 shall       tion 502 of the Congressional Budget Act of 1974:     for the last quarter of fiscal year 1996 for unan-
remain available until expended for interest sub-     Provided further, That these funds are available      ticipated costs, incurred for the current fiscal
sidies on loan guarantees made prior to fiscal        to subsidize gross obligations for the total loan     year, such sums as may be necessary.
year 1981 under part B of title VII of the Public     principal any part of which is to be guaranteed          For making payments to States under title
Health Service Act: Provided, That the Division       at not to exceed $210,000,000. In addition, for       XIX of the Social Security Act for the first quar-
of Federal Occupational Health may utilize per-       administrative expenses to carry out the guar-        ter of fiscal year 1997, $26,155,350,000, to remain
sonal services contracting to employ professional     anteed loan program, $2,688,000.                      available until expended.
H3902                                           CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
  Payment under title XIX may be made for any          $300,000,000 to be available for obligation in the      PAYMENTS TO STATES FOR FOSTER CARE AND
quarter with respect to a State plan or plan           period October 1, 1996 through September 30,                     ADOPTION ASSISTANCE
amendment in effect during such quarter, if sub-       1997: Provided, That all of the funds available         For making payments to States or other non-
mitted in or prior to such quarter and approved        under this paragraph are hereby designated by         Federal entities, under title IV–E of the Social
in that or any subsequent quarter.                     Congress to be emergency requirements pursuant        Security Act, $4,322,238,000.
    PAYMENTS TO HEALTH CARE TRUST FUNDS                to section 251(b)(2)(D) of the Balanced Budget                   ADMINISTRATION ON AGING
                                                       and Emergency Deficit Control Act of 1985: Pro-
  For payment to the Federal Hospital Insur-                                                                            AGING SERVICES PROGRAMS
                                                       vided further, That these funds shall be made
ance and the Federal Supplementary Medical                                                                      For carrying out, to the extent not otherwise
                                                       available only after submission to Congress of a
Insurance Trust Funds, as provided under sec-                                                                provided, the Older Americans Act of 1965, as
                                                       formal budget request by the President that in-
tions 217(g) and 1844 of the Social Security Act,                                                            amended, $829,393,000 of which $4,449,000 shall
                                                       cludes designation of the entire amount of the
sections 103(c) and 111(d) of the Social Security                                                            be for section 712 and $4,732,000 shall be for sec-
                                                       request as an emergency requirement as defined
Amendments of 1965, section 278(d) of Public                                                                 tion 721: Provided, That notwithstanding sec-
                                                       in the Balanced Budget and Emergency Deficit
Law 97–248, and for administrative expenses in-                                                              tion 308(b)(1) of such Act, the amounts available
                                                       Control Act of 1985.
curred pursuant to section 201(g) of the Social                                                              to each State for administration of the State
                                                         Funds made available in the fourth para-
Security Act, $63,313,000,000.                                                                               plan under title III of such Act shall be reduced
                                                       graph under this heading in Public Law 103–333
             PROGRAM MANAGEMENT                        that remain unobligated as of September 30, 1996      not more than 5 percent below the amount that
   For carrying out, except as otherwise pro-          shall remain available until September 30, 1997.      was available to such State for such purpose for
vided, titles XI, XVIII, and XIX of the Social                REFUGEE AND ENTRANT ASSISTANCE
                                                                                                             fiscal year 1995.
Security Act, and title XIII of the Public Health                                                                        OFFICE OF THE SECRETARY
                                                         For making payments for refugee and entrant
Service Act, the Clinical Laboratory Improve-                                                                     GENERAL DEPARTMENTAL MANAGEMENT
                                                       assistance activities authorized by title IV of the
ment Amendments of 1988, and section 4005(e) of
                                                       Immigration and Nationality Act and section              For necessary expenses, not otherwise pro-
Public Law 100–203, not to exceed $1,734,810,000,
                                                       501 of the Refugee Education Assistance Act of        vided, for general departmental management,
together with all funds collected in accordance
                                                       1980 (Public Law 96–422), $402,172,000: Provided,     including hire of six medium sedans, and for
with section 353 of the Public Health Service
                                                       That funds appropriated pursuant to section           carrying out titles III, XVII, XX of the Public
Act, the latter funds to remain available until
                                                       414(a) of the Immigration and Nationality Act         Health Service Act, $139,499,000, together with
expended, together with such sums as may be
                                                       under Public Law 103–112 for fiscal year 1994         $6,628,000, to be transferred and expended as
collected from authorized user fees and the sale
                                                       shall be available for the costs of assistance pro-   authorized by section 201(g)(1) of the Social Se-
of data, which shall remain available until ex-
                                                       vided and other activities conducted in such          curity Act from the Hospital Insurance Trust
pended, the $1,734,810,000, to be transferred to
                                                       year and in fiscal years 1995 and 1996.               Fund and the Supplemental Medical Insurance
this appropriation as authorized by section
                                                         CHILD CARE AND DEVELOPMENT BLOCK GRANT              Trust Fund: Provided, That of the funds made
201(g) of the Social Security Act, from the Fed-
                                                          For carrying out sections 658A through 658R        available under this heading for carrying out
eral Hospital Insurance and the Federal Supple-
                                                       of the Omnibus Budget Reconciliation Act of           title XVII of the Public Health Service Act,
mentary Medical Insurance Trust Funds: Pro-
                                                       1981 (The Child Care and Development Block            $7,500,000 shall be available until expended for
vided, That all funds derived in accordance
                                                       Grant Act of 1990), $934,642,000, which shall be      extramural construction.
with 31 U.S.C. 9701 from organizations estab-
lished under title XIII of the Public Health           available for obligation under the same statu-                 OFFICE OF INSPECTOR GENERAL
Service Act are to be credited to this appropria-      tory terms and conditions applicable in the prior       For expenses necessary for the Office of In-
tion.                                                  fiscal year.                                          spector General in carrying out the provisions of
 HEALTH MAINTENANCE ORGANIZATION LOAN AND                       SOCIAL SERVICES BLOCK GRANT                  the Inspector General Act of 1978, as amended,
           LOAN GUARANTEE FUND                                                                               $36,162,000, together with any funds, to remain
                                                         For making grants to States pursuant to sec-
                                                                                                             available until expended, that represent the eq-
   For carrying out subsections (d) and (e) of         tion 2002 of the Social Security Act,
                                                                                                             uitable share from the forfeiture of property in
section 1308 of the Public Health Service Act,         $2,381,000,000: Provided, That notwithstanding
                                                                                                             investigations in which the Office of Inspector
any amounts received by the Secretary in con-          section 2003(c) of such Act, the amount specified
                                                                                                             General participated, and which are transferred
nection with loans and loan guarantees under           for allocation under such section for fiscal year
                                                                                                             to the Office of the Inspector General by the De-
title XIII of the Public Health Service Act, to be     1996 shall be $2,381,000,000.
                                                                                                             partment of Justice, the Department of the
available without fiscal year limitation for the         CHILDREN AND FAMILIES SERVICES PROGRAMS             Treasury, or the United States Postal Service.
payment of outstanding obligations. During fis-           For carrying out, except as otherwise pro-
cal year 1996, no commitments for direct loans or                                                                        OFFICE FOR CIVIL RIGHTS
                                                       vided, the Runaway and Homeless Youth Act,
loan guarantees shall be made.                                                                                 For expenses necessary for the Office for Civil
                                                       the Developmental Disabilities Assistance and
  ADMINISTRATION FOR CHILDREN AND FAMILIES                                                                   Rights, $16,153,000, together with not to exceed
                                                       Bill of Rights Act, the Head Start Act, the Child
                                                                                                             $3,314,000, to be transferred and expended as
     FAMILY SUPPORT PAYMENTS TO STATES                 Abuse Prevention and Treatment Act, the Fam-
                                                                                                             authorized by section 201(g)(1) of the Social Se-
  For making payments to States or other non-          ily Violence Prevention and Services Act, the
                                                                                                             curity Act from the Hospital Insurance Trust
Federal entities, except as otherwise provided,        Native American Programs Act of 1974, title II of
                                                                                                             Fund and the Supplemental Medical Insurance
under titles I, IV–A (other than section               Public Law 95–266 (adoption opportunities), the
                                                                                                             Trust Fund.
402(g)(6)) and D, X, XI, XIV, and XVI of the           Temporary Child Care for Children with Dis-
                                                       abilities and Crisis Nurseries Act of 1986, the                       POLICY RESEARCH
Social Security Act, and the Act of July 5, 1960
(24 U.S.C. ch. 9), $13,614,307,000, to remain          Abandoned Infants Assistance Act of 1988, and           For carrying out, to the extent not otherwise
available until expended.                              part B(1) of title IV of the Social Security Act;     provided, research studies under section 1110 of
  For making, after May 31 of the current fiscal       for making payments under the Community               the Social Security Act, $9,000,000.
year, payments to States or other non-Federal          Services Block Grant Act; and for necessary ad-       PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
entities under titles I, IV–A and D, X, XI, XIV,       ministrative expenses to carry out said Acts and                         FUND
and XVI of the Social Security Act, for the last       titles I, IV, X, XI, XIV, XVI, and XX of the So-        For expenses necessary to prepare to respond
three months of the current year for unantici-         cial Security Act, the Act of July 5, 1960 (24        to the health and medical consequences of nu-
pated costs, incurred for the current fiscal year,     U.S.C. ch. 9), the Omnibus Budget Reconcili-          clear, chemical, or biologic attack in the United
such sums as may be necessary.                         ation Act of 1981, title IV of the Immigration        States, $7,000,000, to remain available until ex-
  For making payments to States or other non-          and Nationality Act, section 501 of the Refugee       pended and, in addition, for clinical trials, ap-
Federal entities under titles I, IV–A (other than      Education Assistance Act of 1980, and section         plying imaging technology used for missile guid-
section 402(g)(6)) and D, X, XI, XIV, and XVI          126 and titles IV and V of Public Law 100–485,        ance and target recognition to new uses improv-
of the Social Security Act and the Act of July 5,      $4,767,006,000, of which $435,463,000 shall be for    ing the early detection of breast cancer,
1960 (24 U.S.C. ch. 9) for the first quarter of fis-   making payments under the Community Services          $2,000,000, to remain available until expended.
cal year 1997, $4,800,000,000, to remain available     Block Grant Act: Provided, That to the extent                      GENERAL PROVISIONS
until expended.                                        Community Services Block Grant funds are dis-
                                                                                                               SEC. 201. Funds appropriated in this title shall
                                                       tributed as grant funds by a State to an eligible
      JOB OPPORTUNITIES AND BASIC SKILLS                                                                     be available for not to exceed $37,000 for official
                                                       entity as provided under the Act, and have not
  For carrying out aid to families with depend-                                                              reception and representation expenses when
                                                       been expended by such entity, they shall remain
ent children work programs, as authorized by                                                                 specifically approved by the Secretary.
                                                       with such entity for carryover into the next fis-
part F of title IV of the Social Security Act,                                                                 SEC. 202. The Secretary shall make available
                                                       cal year for expenditure by such entity consist-
$1,000,000,000.                                                                                              through assignment not more than 60 employees
                                                       ent with program purposes.
                                                                                                             of the Public Health Service to assist in child
     LOW INCOME HOME ENERGY ASSISTANCE                    In addition, $21,358,000, to be derived from the
                                                                                                             survival activities and to work in AIDS pro-
             (INCLUDING RESCISSION)                    Violent Crime Reduction Trust Fund, for carry-
                                                                                                             grams through and with funds provided by the
                                                       ing out sections 40155, 40211, 40241, and 40251 of
  Of the funds made available beginning on Oc-                                                               Agency for International Development, the
                                                       Public Law 103–322.
tober 1, 1995 under this heading in Public Law                                                               United Nations International Children’s Emer-
103–333, $100,000,000 are hereby rescinded.                  FAMILY PRESERVATION AND SUPPORT                 gency Fund or the World Health Organization.
  For making payments under title XXVI of the            For carrying out section 430 of the Social Se-        SEC. 203. None of the funds appropriated
Omnibus Budget Reconciliation Act of 1981,             curity Act, $225,000,000.                             under this Act may be used to implement section
April 25, 1996                                 CONGRESSIONAL RECORD — HOUSE                                                                        H3903
399L(b) of the Public Health Service Act or sec-      ther, That the Congress is promptly notified of                          IMPACT AID
tion 1503 of the National Institutes of Health        the transfer.                                            For carrying out programs of financial assist-
Revitalization Act of 1993, Public Law 103–43.           SEC. 213. In fiscal year 1996, the National Li-    ance to federally affected schools authorized by
  SEC. 204. None of the funds made available by       brary of Medicine may enter into personal serv-       title VIII of the Elementary and Secondary Edu-
this Act may be used to withhold payment to           ices contracts for the provision of services in fa-   cation Act of 1965, $693,000,000, of which
any State under the Child Abuse Prevention            cilities owned, operated, or constructed under        $581,707,000 shall be for basic support payments
and Treatment Act by reason of a determination        the jurisdiction of the National Institutes of        under section 8003(b), $40,000,000 shall be for
that the State is not in compliance with section      Health.                                               payments for children with disabilities under
1340.2(d)(2)(ii) of title 45 of the Code of Federal      SEC. 214. (a) REIMBURSEMENT OF CERTAIN             section 8003(d), $50,000,000, to remain available
Regulations. This provision expires upon the          CLAIMS UNDER THE MEDICAID PROGRAM.—Not-               until expended, shall be for payments under sec-
date of enactment of the reauthorization of the       withstanding any other provision of law, and          tion 8003(f), $5,000,000 shall be for construction
Child Abuse Prevention and Treatment Act or           subject to subsection (b), in the case where pay-     under section 8007, and $16,293,000 shall be for
upon September 30, 1996, whichever occurs first.      ment has been made by a State under title XIX         Federal property payments under section 8002.
  SEC. 205. None of the funds appropriated in         of the Social Security Act between December 31,               SCHOOL IMPROVEMENT PROGRAMS
this or any other Act for the National Institutes     1993, and December 31, 1995, to a State-operated
of Health and the Substance Abuse and Mental                                                                  For carrying out school improvement activities
                                                      psychiatric hospital for services provided di-        authorized by titles II, IV–A–1 and 2, V–A, VI,
Health Services Administration shall be used to       rectly by the hospital or by providers under con-
pay the salary of an individual, through a                                                                  section 7203, and titles IX, X and XIII of the El-
                                                      tract or agreement with the hospital, and the         ementary and Secondary Education Act of 1965;
grant or other extramural mechanism, at a rate        Secretary of Health and Human Services has
in excess of $125,000 per year.                                                                             the Stewart B. McKinney Homeless Assistance
                                                      notified the State that the Secretary intends to      Act; and the Civil Rights Act of 1964;
  Sec. 206. None of the funds appropriated in         defer the determination of claims for reimburse-
this Act may be expended pursuant to section                                                                $1,223,708,000 of which $1,015,481,000 shall be-
                                                      ment related to such payment but for which a          come available on July 1, 1996, and remain
241 of the Public Health Service Act, except for      deferral of such claims has not been taken as of
funds specifically provided for in this Act, or for                                                         available through September 30, 1997: Provided,
                                                      March 1, 1996, (or, if such claims have been de-      That of the amount appropriated, $275,000,000
other taps and assessments made by any office         ferred as of such date, such claims have not
located in the Department of Health and Human                                                               shall be for Eisenhower professional develop-
                                                      been disallowed by such date), the Secretary          ment State grants under title II–B and
Services, prior to the Secretary’s preparation        shall—
and submission of a report to the Committee on                                                              $275,000,000 shall be for innovative education
                                                         (1) if, as of the date of the enactment of this    program strategies State grants under title VI–
Appropriations of the Senate and of the House         title, such claims have been formally deferred or
detailing the planned uses of such funds.                                                                   A: Provided further, That not less than
                                                      disallowed, discontinue any such action, and if       $3,000,000 shall be for innovative programs
              (TRANSFER OF FUNDS)                     a disallowance of such claims has been taken as       under section 5111.
   SEC. 207. Of the funds appropriated or other-      of such date, rescind any payment reductions
wise made available for the Department of                                                                        BILINGUAL AND IMMIGRANT EDUCATION
                                                      effected;
Health and Human Services, General Depart-                                                                    For carrying out, to the extent not otherwise
                                                         (2) not initiate any deferral or disallowance
mental Management, for fiscal year 1996, the                                                                provided, bilingual and immigrant education ac-
                                                      proceeding related to such claims; and
Secretary of Health and Human Services shall                                                                tivities authorized by title VII of the Elementary
                                                         (3) allow reimbursement of such claims.            and Secondary Education Act, without regard
transfer to the Office of the Inspector General
                                                         (b) LIMITATION ON RESCISSION OR REIMBURSE-         to section 7103(b), $178,000,000 of which
such sums as may be necessary for any expenses
                                                      MENT OF CLAIMS.—The total amount of payment           $50,000,000 shall be for immigrant education pro-
with respect to the provision of security protec-
                                                      reductions rescinded or reimbursement of claims       grams authorized by part C: Provided, That
tion for the Secretary of Health and Human
                                                      allowed under subsection (a) shall not exceed         State educational agencies may use all, or any
Services.
                                                      $54,000,000.                                          part of, their part C allocation for competitive
   SEC. 208. Notwithstanding section 106 of Pub-
lic Law 104–91 and section 106 of Public law 104–        This title may be cited as the ‘‘Department of     grants to local educational agencies: Provided
99, appropriations for the National Institutes of     Health and Human Services Appropriations Act,         further, That the Department of Education
Health and the Centers for Disease Control and        1996’’.                                               should only support instructional programs
Prevention shall be available for fiscal year 1996     TITLE III—DEPARTMENT OF EDUCATION                    which ensure that students completely master
as specified in section 101 of Public Law 104–91                     EDUCATION REFORM
                                                                                                            English in a timely fashion (a period of three to
and section 128 of Public Law 104–99.                                                                       five years) while meeting rigorous achievement
   SEC. 209. None of the funds appropriated in          For carrying out activities authorized by titles    standards in the academic content areas.
this Act may be obligated or expended for the         III and IV of the Goals 2000: Educate America
                                                                                                                           SPECIAL EDUCATION
Federal Council on Aging under the Older              Act and the School-to-Work Opportunities Act,
                                                      $530,000,000, of which $340,000,000 for the Goals       For carrying out parts B, C, D, E, F, G, and
Americans Act or the Advisory Board on Child                                                                H and section 610(j)(2)(C) of the Individuals
Abuse and Neglect under the Child Abuse Pre-          2000: Educate America Act and $180,000,000 for
                                                      the School-to-Work Opportunities Act shall be-        with Disabilities Education Act, $3,245,447,000,
vention and Treatment Act.                                                                                  of which $3,000,000,000 shall become available
   SEC. 210. Of the funds provided for the ac-        come available on July 1, 1996, and remain
                                                      available through September 30, 1997: Provided,       for obligation on July 1, 1996, and shall remain
count heading ‘‘Disease Control, Research, and                                                              available through September 30, 1997: Provided,
Training’’ in Public Law 104–91, $31,642,000, to      That notwithstanding section 311(e) of Public
                                                      Law 103–227, the Secretary is authorized to           That notwithstanding section 621(e), funds
be derived from the Violent Crime Reduction                                                                 made available for section 621 shall be distrib-
Trust Fund, is hereby available for carrying out      grant up to six additional State education agen-
                                                      cies authority to waive Federal statutory or reg-     uted among each of the regional centers and the
sections 40151, 40261, and 40293 of Public Law                                                              Federal center in proportion to the amount that
103–322 notwithstanding any provision of Public       ulatory requirements for fiscal year 1996 and
                                                      succeeding fiscal years: Provided further, That       each such center received in fiscal year 1995:
Law 104–91.                                                                                                 Provided further, That the Republic of the Mar-
              (TRANSFER OF FUNDS)
                                                      none of the funds appropriated under this head-
                                                      ing shall be obligated or expended to carry out       shall Islands, the Federated States of Microne-
  SEC. 211. Not to exceed 1 percent of any ap-                                                              sia, and the Republic of Palau shall be consid-
                                                      section 304(a)(2)(A) of the Goals 2000: Educate
propriation made available for the current fiscal                                                           ered public or private nonprofit entities or orga-
                                                      America Act.
year for the Department of Health and Human                                                                 nizations for the purpose of parts C,D,E,F, and
Services in this Act may be transferred between             EDUCATION FOR THE DISADVANTAGED                 G of the Individuals with Disabilities Education
such appropriations, but not such appropriation         For carrying out title I of the Elementary and      Act: Provided further, That, from the funds
shall be increased by more than 3 percent by          Secondary Education Act of 1965, and section          available under section 611 of the Act, the Sec-
any such transfers: Provided, That the Appro-         418A     of    the  Higher      Education    Act,     retary shall award grants, for which Guam,
priations Committees of both Houses of Congress       $7,228,116,000, of which $5,913,391,000 shall be-     American Samoa, the Commonwealth of the
are notified at least fifteen days in advance of      come available on July 1, 1996 and shall remain       Northern Mariana Islands, The Republic of the
any transfers.                                        available through September 30, 1997 and of           Marshall Islands, the Federated States of Micro-
              (TRANSFER OF FUNDS)                     which $1,298,386,000 shall become available on        nesia, and the Republic of Palau shall be eligi-
  SEC. 212. The Director, National Institutes of      October 1, 1996 and shall remain available            ble, to carry out the purposes set forth in section
Health, jointly with the Director, Office of AIDS     through September 30, 1997 for academic year          601(c) of the Act, and that the amount of funds
Research, may transfer up to 3 percent among          1996–1997: Provided, That $5,985,839,000 shall be     available for such grants shall be equal to the
Institutes, Centers, and the National Library of      available for basic grants under section 1124:        amount that the Republic of the Marshall Is-
Medicine from the total amounts identified in         Provided further, That up to $3,500,000 of these      lands, the Federated States of Micronesia, and
the apportionment for each Institute, Center, or      funds shall be available to the Secretary on Oc-      the Republic of Palau would be eligible to re-
the National Library of Medicine for AIDS re-         tober 1, 1995, to obtain updated local-edu-           ceive if they were considered jurisdictions for
search: Provided, That such transfers shall be        cational-agency-level census poverty data from        the purpose of section 611(e) of the Act: Pro-
within 30 days of enactment of this Act and be        the Bureau of the Census: Provided further,           vided further, That the Secretary shall award
based on the scientific priorities established in     That $677,241,000 shall be available for con-         grants in accordance with the recommendations
the plan developed by the Director, Office of         centration grants under section 1124(A) and           of the entity specified in section 1121(b)(2)(A) of
AIDS Research, in accordance with section 2353        $3,370,000 shall be available for evaluations         the Elementary and Secondary Education Act,
of the Public Health Service Act: Provided fur-       under section 1501.                                   including the provision of administrative costs
H3904                                         CONGRESSIONAL RECORD — HOUSE                                                             April 25, 1996
to such entity not to exceed five percent: Pro-      awards for which students are eligible, as cal-            EDUCATION RESEARCH, STATISTICS, AND
vided further, That to be eligible for a competi-    culated under section 401(b) of the Act, the                          IMPROVEMENT
tive award under the Individuals with Disabil-       amount paid for each such award shall be re-             For carrying out activities authorized by the
ities Education Act, the Republic of the Mar-        duced by either a fixed or variable percentage,       Educational Research, Development, Dissemina-
shall Islands, the Federated States of Microne-      or by a fixed dollar amount, as determined in         tion, and Improvement Act; the National Edu-
sia, and the Republic of Palau must meet the         accordance with a schedule of reductions estab-       cation Statistics Act; sections 2102, 3136, 3141,
conditions applicable to States under part B of      lished by the Secretary for this purpose.             and parts B, C, and D of title III, parts A, B,
the Act.                                               FEDERAL FAMILY EDUCATION LOAN PROGRAM               I, and K, and section 10601 of title X, part C of
   REHABILITATION SERVICES AND DISABILITY                             ACCOUNT                              title XIII of the Elementary and Secondary
                 RESEARCH
                                                       For Federal administrative expenses to carry        Education Act of 1965, as amended, and title VI
  For carrying out, to the extent not otherwise      out guaranteed student loans authorized by title      of the Goals 2000: Educate America Act,
provided, the Rehabilitation Act of 1973, the        IV, part B, of the Higher Education Act, as           $351,268,000: Provided, That $48,000,000 shall be
Technology-Related Assistance for Individuals        amended, $30,066,000.                                 for sections 3136 and 3141 of the Elementary and
with Disabilities Act, and the Helen Keller Na-                                                            Secondary Education Act: Provided further,
                                                                    HIGHER EDUCATION                       That $3,000,000 shall be for the elementary
tional Center Act, as amended, and the 1996
Paralympics Games, $2,456,120,000 of which              For carrying out, to the extent not otherwise      mathematics and science equipment projects
$7,000,000 will be used to support the               provided, parts A and B of title III, without re-     under the fund for the improvement of edu-
Paralympics Games: Provided, That $1,000,000 of      gard to section 360(a)(1)(B)(ii), titles IV, V, VI,   cation: Provided further, That funds shall be
the funds provided for Special Demonstrations        VII, and IX, part A and subpart 1 of part B of        used to extend star schools partnership projects
shall be used to continue the two head injury        title X, and title XI of the Higher Education