Public Law 104-134 — 110 Stat. 1321 — Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Apr. 26, 1996)
Summary
Public Law 104-134, the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (H.R. 3019), became law on Apr. 26, 1996, at 110 Stat. 1321. Under section 101, the fiscal year 1996 Acts for Commerce, Justice, and State; the District of Columbia; the Interior; Labor, Health and Human Services, and Education; and Veterans Affairs and Housing and Urban Development take effect as if each had been enacted into law as the regular appropriations Act. Title VIII of the Commerce, Justice, and State Act is the Prison Litigation Reform Act of 1995. Chapter 10 is the Debt Collection Improvement Act of 1996, under which a nontax debt delinquent for a period of 180 days is transferred to the Secretary of the Treasury for collection. The law also adds $71,000,000 to the Small Business Administration's Disaster Loans Program Account.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321
* Public Law 104–134
104th Congress
An Act
Making appropriations for fiscal year 1996 to make a further downpayment toward Apr. 26, 1996
a balanced budget, and for other purposes. [H.R. 3019]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, Omnibus
SECTION 101. For programs, projects or activities in the Depart- Consolidated
Rescissions and
ments of Commerce, Justice, and State, the Judiciary, and Related Appropriations
Agencies Appropriations Act, 1996, provided as follows, to be effec- Act of 1996.
tive as if it had been enacted into law as the regular appropriations
Act:
AN ACT Departments of
Commerce,
Making appropriations for the Departments of Commerce, Jus- Justice, and
State, the
tice, and State, the Judiciary, and related agencies for the fiscal Judiciary, and
year ending September 30, 1996, and for other purposes Related Agencies
Appropriation
TITLE I—DEPARTMENT OF JUSTICE Act, 1996.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the Depart-
ment of Justice, $74,282,000; including not to exceed $3,317,000
for the Facilities Program 2000, and including $5,000,000 for
management and oversight of Immigration and Naturalization
Service activities, both sums to remain available until expended:
Provided, That not to exceed 48 permanent positions and 55 full-
time equivalent workyears and $7,477,000 shall be expended for
the Department Leadership Program, exclusive of augmentation
that occurred in these offices in fiscal year 1995: Provided further,
That not to exceed 76 permanent positions and 90 full-time equiva-
lent workyears and $9,487,000 shall be expended for the Offices
of Legislative Affairs, Public Affairs and Policy Development: Pro-
vided further, That the latter three aforementioned offices shall
not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or non-reimbursable basis or
any other type of formal or informal transfer or reimbursement
of personnel or funds on either a temporary or long-term basis.
* Note: This is a typeset print of the original hand enrollment as signed by the President on
April 26, 1996. The text is printed without corrections. Footnotes indicate missing or illegible
text in the original.
110 STAT. 1321–1 PUBLIC LAW 104–134—APR. 26, 1996
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney General,
$16,898,000, to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of the bombing of
the Alfred P. Murrah Federal Building in Oklahoma City or any
domestic or international terrorist incident, (2) the costs of providing
support to counter, investigate or prosecute domestic or inter-
national terrorism, including payment of rewards in connection
with these activities, and (3) the costs of conducting a terrorism
threat assessment of Federal agencies and their facilities: Provided,
That funds provided under this section shall be available only
after the Attorney General notifies the Committees on Appropria-
tions of the House of Representatives and the Senate in accordance
with section 605 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities, $38,886,000:
Provided, That the obligated and unobligated balances of funds
previously appropriated to the General Administration, Salaries
and Expenses appropriation for the Executive Office for Immigra-
tion Review and the Office of the Pardon Attorney shall be merged
with this appropriation.
VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE REVIEW AND
APPEALS
For activities authorized by sections 130005 and 130007 of
Public Law 103–322, $47,780,000, to remain available until
expended, which shall be derived from the Violent Crime Reduction
Trust Fund: Provided, That the obligated and unobligated balances
of funds previously appropriated to the General Administration,
Salaries and Expenses appropriation under title VIII of Public
Law 103–317 for the Executive Office for Immigration Review shall
be merged with this appropriation.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $28,960,000; including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; and for the acquisition, lease,
maintenance and operation of motor vehicles without regard to
the general purchase price limitation.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
as authorized by law, $5,446,000.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–2
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the legal activities of the Depart-
ment of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; and rent of private or Government-owned
space in the District of Columbia; $401,929,000; of which not to
exceed $10,000,000 for litigation support contracts shall remain
available until expended: Provided, That of the funds available
in this appropriation, not to exceed $22,618,000 shall remain avail-
able until expended for office automation systems for the legal
divisions covered by this appropriation, and for the United States
Attorneys, the Antitrust Division, and offices funded through ‘‘Sala-
ries and Expenses’’, General Administration: Provided further, That
of the total amount appropriated, not to exceed $1,000 shall be
available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Pro-
vided further, That notwithstanding 31 U.S.C. 1342, the Attorney
General may accept on behalf of the United States and credit
to this appropriation, gifts of money, personal property and services,
for the purpose of hosting the International Criminal Police
Organization’s (INTERPOL) American Regional Conference in the
United States during fiscal year 1996.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, not to exceed $4,028,000,
to be appropriated from the Vaccine Injury Compensation Trust
Fund, as authorized by section 6601 of the Omnibus Budget Rec-
onciliation Act, 1989, as amended by Public Law 101–512 (104
Stat. 1289).
In addition, for Salaries and Expenses, General Legal Activities,
$12,000,000 shall be made available to be derived by transfer from
unobligated balances of the Working Capital Fund in the Depart-
ment of Justice.
VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL ACTIVITIES
For the expeditious deportation of denied asylum applicants,
as authorized by section 130005 of Public Law 103–322, $7,591,000,
to remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $65,783,000: Provided, That notwithstanding any
other provision of law, not to exceed $48,262,000 of offsetting collec-
tions derived from fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses
in this appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the Gen-
eral Fund shall be reduced as such offsetting collections are received
during fiscal year 1996, so as to result in a final fiscal year 1996
110 STAT. 1321–3 PUBLIC LAW 104–134—APR. 26, 1996
appropriation from the General Fund estimated at not more than
$17,521,000: Provided further, That any fees received in excess
of $48,262,000 in fiscal year 1996, shall remain available until
expended, but shall not be available for obligation until October
1, 1996.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Office of the United States Attor-
neys, including intergovernmental agreements, $895,509,000, of
which not to exceed $2,500,000 shall be available until September
30, 1997 for the purposes of (1) providing training of personnel
of the Department of Justice in debt collection, (2) providing services
to the Department of Justice related to locating debtors and their
property, such as title searches, debtor skiptracing, asset searches,
credit reports and other investigations, (3) paying the costs of
the Department of Justice for the sale of property not covered
by the sale proceeds, such as auctioneers’ fees and expenses, mainte-
nance and protection of property and businesses, advertising and
title search and surveying costs, and (4) paying the costs of process-
ing and tracking debts owed to the United States Government:
Provided, That of the total amount appropriated, not to exceed
$8,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 of those
funds available for automated litigation support contracts and
$4,000,000 for security equipment shall remain available until
expended: Provided further, That in addition to reimbursable full-
time equivalent workyears available to the Office of the United
States Attorneys, not to exceed 8,595 positions and 8,862 full-
time equivalent workyears shall be supported from the funds appro-
priated in this Act for the United States Attorneys.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES ATTORNEYS
For activities authorized by sections 190001(d), 40114 and
130005 of Public Law 103–322, $30,000,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund, of which $20,269,000 shall be available
to help meet increased demands for litigation and related activities,
$500,000 to implement a program to appoint additional Federal
Victim’s Counselors, and $9,231,000 for expeditious deportation of
denied asylum applicants.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program,
$102,390,000, as authorized by 28 U.S.C. 589a(a), to remain avail-
able until expended, for activities authorized by section 115 of
the Bankruptcy Judges, United States Trustees, and Family Farmer
Bankruptcy Act of 1986 (Public Law 99–554), which shall be derived
from the United States Trustee System Fund: Provided, That
deposits to the Fund are available in such amounts as may be
necessary to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, not to exceed
$44,191,000 of offsetting collections derived from fees collected
pursuant to section 589a(f) of title 28, United States Code, as
amended, shall be retained and used for necessary expenses in
this appropriation: Provided further, That the $102,390,000 herein
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–4
appropriated from the United States Trustee System Fund shall
be reduced as such offsetting collections are received during fiscal
year 1996, so as to result in a final fiscal year 1996 appropriation
from such Fund estimated at not more than $58,199,000: Provided
further, That any of the aforementioned fees collected in excess
of $44,191,000 in fiscal year 1996 shall remain available until
expended, but shall not be available for obligation until October
1, 1996.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by 5 U.S.C. 3109, $830,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles and aircraft, and the purchase of passenger motor vehicles
for police-type use without regard to the general purchase price
limitation for the current fiscal year; $423,248,000, as authorized
by 28 U.S.C. 561(i), of which not to exceed $6,000 shall be available
for official reception and representation expenses.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES MARSHALS
SERVICE
For activities authorized by section 190001(b) of Public Law
103–322, $25,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
For expenses related to United States prisoners in the custody
of the United States Marshals Service as authorized in 18 U.S.C.
4013, but not including expenses otherwise provided for in appro-
priations available to the Attorney General; $252,820,000, as
authorized by 28 U.S.C. 561(i), to remain available until expended.
In addition, for Federal Prisoner Detention, $9,000,000 shall
be made available until expended to be derived by transfer from
unobligated balances of the Working Capital Fund in the Depart-
ment of Justice.
FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per diems of wit-
nesses, for expenses of contracts for the procurement and super-
vision of expert witnesses, for private counsel expenses, and for
per diems in lieu of subsistence, as authorized by law, including
advances, $85,000,000, to remain available until expended; of which
not to exceed $4,750,000 may be made available for planning,
construction, renovations, maintenance, remodeling, and repair of
buildings and the purchase of equipment incident thereto for pro-
tected witness safesites; of which not to exceed $1,000,000 may
be made available for the purchase and maintenance of armored
vehicles for transportation of protected witnesses; and of which
not to exceed $4,000,000 may be made available for the purchase,
110 STAT. 1321–5 PUBLIC LAW 104–134—APR. 26, 1996
installation and maintenance of a secure automated information
network to store and retrieve the identities and locations of pro-
tected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $5,319,000:
Provided, That notwithstanding any other provision of law, upon
a determination by the Attorney General that emergent cir-
cumstances require additional funding for conflict prevention and
resolution activities of the Community Relations Service, the Attor-
ney General may transfer such amounts to the Community Rela-
tions Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary to respond
to such circumstances: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C),
(F), and (G), as amended, $30,000,000 to be derived from the Depart-
ment of Justice Assets Forfeiture Fund.
RADIATION EXPOSURE COMPENSATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,655,000.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
For payments to the Radiation Exposure Compensation Trust
Fund, $16,264,000, to become available on October 1, 1996.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug traffick-
ing not otherwise provided for, to include intergovernmental agree-
ments with State and local law enforcement agencies engaged in
the investigation and prosecution of individuals involved in orga-
nized crime drug trafficking, $359,843,000, of which $50,000,000
shall remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed from
this appropriation: Provided further, That any unobligated balances
remaining available at the end of the fiscal year shall revert to
the Attorney General for reallocation among participating organiza-
tions in succeeding fiscal years, subject to the reprogramming proce-
dures described in section 605 of this Act.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–6
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for detection, investigation, and
prosecution of crimes against the United States; including purchase
for police-type use of not to exceed 1,815 passenger motor vehicles
of which 1,300 will be for replacement only, without regard to
the general purchase price limitation for the current fiscal year,
and hire of passenger motor vehicles; acquisition, lease, mainte-
nance and operation of aircraft; and not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; $2,189,183,000, of which not
to exceed $50,000,000 for automated data processing and tele-
communications and technical investigative equipment and
$1,000,000 for undercover operations shall remain available until
September 30, 1997; of which not less than $102,345,000 shall
be for counterterrorism investigations, foreign counterintelligence,
and other activities related to our national security; of which not
to exceed $98,400,000 shall remain available until expended; of
which not to exceed $10,000,000 is authorized to be made available
for making payments or advances for expenses arising out of
contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related
to violent crime, terrorism, organized crime, and drug investiga-
tions; and of which $1,500,000 shall be available to maintain an
independent program office dedicated solely to the relocation of
the Criminal Justice Information Services Division and the automa-
tion of fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and represen-
tation expenses: Provided further, That $58,000,000 shall be made
available for NCIC 2000, of which not less than $35,000,000 shall
be derived from ADP and Telecommunications unobligated balances,
in addition, $22,000,000 shall be derived by transfer and available
until expended from unobligated balances in the Working Capital
Fund of the Department of Justice.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by Public Law 103–322, $218,300,000,
to remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund, of which $208,800,000
shall be for activities authorized by section 190001(c); $4,000,000
for Training and Investigative Assistance authorized by section
210501(c)(2); and $5,500,000 for establishing DNA quality assurance
and proficiency testing standards, establishing an index to facilitate
law enforcement exchange of DNA identification information, and
related activities authorized by section 210306.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of federally-
owned buildings; and preliminary planning and design of projects;
$97,589,000, to remain available until expended.
110 STAT. 1321–7 PUBLIC LAW 104–134—APR. 26, 1996
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administra-
tion, including not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character, to be expended under the direc-
tion of, and to be accounted for solely under the certificate of,
the Attorney General; expenses for conducting drug education and
training programs, including travel and related expenses for partici-
pants in such programs and the distribution of items of token
value that promote the goals of such programs; purchase of not
to exceed 1,208 passenger motor vehicles, of which 1,178 will be
for replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year; and
acquisition, lease, maintenance, and operation of aircraft;
$750,168,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account
for operating expenses shall remain available until expended, and
of which not to exceed $4,000,000 for purchase of evidence and
payments for information, not to exceed $4,000,000 for contracting
for ADP and telecommunications equipment, and not to exceed
$2,000,000 for technical and laboratory equipment shall remain
available until September 30, 1997, and of which not to exceed
$50,000 shall be available for official reception and representation
expenses.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 180104 and 190001(b)
of Public Law 103–322, $60,000,000, to remain available until
expended, which shall be derived from the Violent Crime Reduction
Trust Fund.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including not to exceed
$50,000 to meet unforeseen emergencies of a confidential character,
to be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; purchase for
police-type use (not to exceed 813 of which 177 are for replacement
only) without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor vehicles; acquisi-
tion, lease, maintenance and operation of aircraft; and research
related to immigration enforcement; $1,394,825,000, of which
$36,300,000 shall remain available until September 30, 1997; of
which $506,800,000 is available for the Border Patrol; of which
not to exceed $400,000 for research shall remain available until
expended; and of which not to exceed $10,000,000 shall be available
for costs associated with the training program for basic officer
training: Provided, That none of the funds available to the Immigra-
tion and Naturalization Service shall be available for administrative
expenses to pay any employee overtime pay in an amount in excess
of $25,000 during the calendar year beginning January 1, 1996:
Provided further, That uniforms may be purchased without regard
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–8
to the general purchase price limitation for the current fiscal year:
Provided further, That not to exceed $5,000 shall be available
for official reception and representation expenses: Provided further,
That the Attorney General may transfer to the Department of
Labor and the Social Security Administration not to exceed
$10,000,000 for programs to verify the immigration status of persons
seeking employment in the United States: Provided further, That
none of the funds provided in this or any other Act shall be used
for the continued operation of the San Clemente and Temecula
checkpoints unless: (1) the checkpoints are open and traffic is
being checked on a continuous 24-hour basis and (2) the Immigra-
tion and Naturalization Service undertakes a commuter lane facili-
tation pilot program at the San Clemente checkpoint within 90
days of enactment of this Act: Provided further, That the Immigra-
tion and Naturalization Service shall undertake the renovation
and improvement of the San Clemente checkpoint, to include the
addition of two to four lanes, and which shall be exempt from
Federal procurement regulations for contract formation, from within
existing balances in the Immigration and Naturalization Service
Construction account: Provided further, That if renovation of the
San Clemente checkpoint is not completed by July 1, 1996, the
San Clemente checkpoint will close until such time as the renova-
tions and improvements are completed unless funds for the contin-
ued operation of the checkpoint are provided and made available
for obligation and expenditure in accordance with procedures set
forth in section 605 of this Act, as the result of certification by
the Attorney General that exigent circumstances require the check-
point to be open and delays in completion of the renovations are
not the result of any actions that are or have been in the control
of the Department of Justice: Provided further, That the Office
of Public Affairs at the Immigration and Naturalization Service
shall conduct its business in areas only relating to its central
mission, including: research, analysis, and dissemination of informa-
tion, through the media and other communications outlets, relating
to the activities of the Immigration and Naturalization Service:
Provided further, That the Office of Congressional Relations at
the Immigration and Naturalization Service shall conduct business
in areas only relating to its central mission, including: providing
services to Members of Congress relating to constituent inquiries
and requests for information; and working with the relevant
congressional committees on proposed legislation affecting immigra-
tion matters: Provided further, That in addition to amounts other-
wise made available in this title to the Attorney General, the
Attorney General is authorized to accept and utilize, on behalf
of the United States, the $100,000 Innovation in American Govern-
ment Award for 1995 from the Ford Foundation for the Immigration
and Naturalization Service’s Operation Jobs program.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 130005, 130006, and
130007 of Public Law 103–322, $316,198,000, to remain available
until expended, which will be derived from the Violent Crime Reduc-
tion Trust Fund, of which $38,704,000 shall be for expeditious
deportation of denied asylum applicants, $231,570,000 for improving
border controls, and $45,924,000 for expanded special deportation
proceedings: Provided, That of the amounts made available,
$75,765,000 shall be for the Border Patrol.
110 STAT. 1321–9 PUBLIC LAW 104–134—APR. 26, 1996
CONSTRUCTION
For planning, construction, renovation, equipping and mainte-
nance of buildings and facilities necessary for the administration
and enforcement of the laws relating to immigration, naturalization,
and alien registration, not otherwise provided for, $25,000,000,
to remain available until expended.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, includ-
ing purchase (not to exceed 853, of which 559 are for replacement
only) and hire of law enforcement and passenger motor vehicles;
and for the provision of technical assistance and advice on correc-
tions related issues to foreign governments; $2,567,578,000: Pro-
42 USC 250a. vided, That there may be transferred to the Health Resources
and Services Administration such amounts as may be necessary,
in the discretion of the Attorney General, for direct expenditures
by that Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That the Direc-
tor of the Federal Prison System (FPS), where necessary, may
enter into contracts with a fiscal agent/fiscal intermediary claims
processor to determine the amounts payable to persons who, on
behalf of the FPS, furnish health services to individuals committed
to the custody of the FPS: Provided further, That uniforms may
be purchased without regard to the general purchase price limita-
tion for the current fiscal year: Provided further, That not to exceed
$6,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $50,000,000 for
the activation of new facilities shall remain available until Septem-
ber 30, 1997: Provided further, That of the amounts provided for
Contract Confinement, not to exceed $20,000,000 shall remain avail-
able until expended to make payments in advance for grants, con-
tracts and reimbursable agreements and other expenses authorized
by section 501(c) of the Refugee Education Assistance Act of 1980
for the care and security in the United States of Cuban and Haitian
entrants: Provided further, That no funds appropriated in this Act
shall be used to privatize any Federal prison facilities located in
Forrest City, Arkansas, and Yazoo City, Mississippi.
VIOLENT CRIME REDUCTION PROGRAMS
For substance abuse treatment in Federal prisons as authorized
by section 32001(e) of Public Law 103–322, $13,500,000, to remain
available until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new facili-
ties; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and con-
structing, remodeling, and equipping necessary buildings and facili-
ties at existing penal and correctional institutions, including all
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–10
necessary expenses incident thereto, by contract or force account;
$334,728,000, to remain available until expended, of which not
to exceed $14,074,000 shall be available to construct areas for
inmate work programs: Provided, That labor of United States pris-
oners may be used for work performed under this appropriation:
Provided further, That not to exceed 10 percent of the funds appro-
priated to ‘‘Buildings and Facilities’’ in this Act or any other Act
may be transferred to ‘‘Salaries and Expenses’’, Federal Prison
System upon notification by the Attorney General to the Committees
on Appropriations of the House of Representatives and the Senate
in compliance with provisions set forth in section 605 of this Act:
Provided further, That of the total amount appropriated, not to
exceed $22,351,000 shall be available for the renovation and
construction of United States Marshals Service prisoner holding
facilities.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby author-
ized to make such expenditures, within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments, without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corpora-
tion, including purchase of (not to exceed five for replacement
only) and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
Not to exceed $3,559,000 of the funds of the corporation shall
be available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis
to be determined in accordance with the corporation’s current pre-
scribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which the
said accounting system requires to be capitalized or charged to
cost of commodities acquired or produced, including selling and
shipping expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement, protection, or
disposition of facilities and other property belonging to the corpora-
tion or in which it has an interest.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, and the Missing Children’s Assist-
ance Act, as amended, including salaries and expenses in connection
therewith, and with the Victims of Crime Act of 1984, as amended,
$99,977,000, to remain available until expended, as authorized by
section 1001 of title I of the Omnibus Crime Control and Safe
Streets Act, as amended by Public Law 102–534 (106 Stat. 3524).
110 STAT. 1321–11 PUBLIC LAW 104–134—APR. 26, 1996
VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE ASSISTANCE
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be trans-
ferred to and merged with the ‘‘Justice Assistance’’ account) author-
ized by the Violent Crime Control and Law Enforcement Act of
1994, Public Law 103–322 (‘‘the 1994 Act’’); the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’);
and the Victims of Child Abuse Act of 1990, as amended (‘‘the
1990 Act’’); $202,400,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund;
of which $6,000,000 shall be for the Court Appointed Special Advo-
cate Program, as authorized by section 218 of the 1990 Act; $750,000
for Child Abuse Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of the 1990 Act;
$130,000,000 for Grants to Combat Violence Against Women to
States, units of local governments and Indian tribal governments,
as authorized by section 1001(a)(18) of the 1968 Act; $28,000,000
for Grants to Encourage Arrest Policies to States, units of local
governments and Indian tribal governments, as authorized by sec-
tion 1001(a)(19) of the 1968 Act; $7,000,000 for Rural Domestic
Violence and Child Abuse Enforcement Assistance Grants, as
authorized by section 40295 of the 1994 Act; $1,000,000 for training
programs to assist probation and parole officers who work with
released sex offenders, as authorized by section 40152(c) of the
Violent Crime Control and Law Enforcement Act of 1994; $50,000
for grants for televised testimony, as authorized by section
1001(a)(7) of the Omnibus Crime Control and Safe Streets Act
of 1968; $200,000 for the study of State databases on the incidence
of sexual and domestic violence, as authorized by section 40292
of the Violent Crime Control and Law Enforcement Act of 1994;
$1,500,000 for national stalker and domestic violence reduction,
as authorized by section 40603 of the 1994 Act; $27,000,000 for
grants for residential substance abuse treatment for State prisoners
authorized by section 1001(a)(17) of the 1968 Act; and $900,000
for the Missing Alzheimer’s Disease Patient Alert Program, as
authorized by section 240001(d) of the 1994 Act: Provided, That
any balances for these programs shall be transferred to and merged
with this appropriation.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assist-
ance authorized by part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, for State and Local
Narcotics Control and Justice Assistance Improvements, notwith-
standing the provisions of section 511 of said Act, $388,000,000,
to remain available until expended, as authorized by section 1001
of title I of said Act, as amended by Public Law 102–534 (106
Stat. 3524), of which $60,000,000 shall be available to carry out
the provisions of chapter A of subpart 2 of part E of title I of
said Act, for discretionary grants under the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs: Provided,
That balances of amounts appropriated prior to fiscal year 1995
under the authorities of this account shall be transferred to and
merged with this account.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–12
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW
ENFORCEMENT ASSISTANCE
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be trans-
ferred to and merged with the ‘‘Justice Assistance’’ account) author-
ized by the Violent Crime Control and Law Enforcement Act of
1994, Public Law 103–322 (‘‘the 1994 Act’’); the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’);
and the Victims of Child Abuse Act of 1990, as amended (‘‘the
1990 Act’’); $1,605,200,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund; of which $503,000,000 shall be for Local Law Enforcement
Block Grants, pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for purposes
of this Act, the Commonwealth of Puerto Rico shall be considered
a ‘‘unit of local government’’ as well as a ‘‘state’’, for the purposes
set forth in paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2)
of H.R. 728 and for establishing crime prevention programs involv-
ing cooperation between community residents and law enforcement
personnel in order to control, detect, or investigate crime or the
prosecution of criminals: Provided, That no funds provided under
this heading may be used as matching funds for any other federal
grant program: Provided further, That notwithstanding any other
provision of this title, the Attorney General may transfer up to
$18,000,000 of this amount for drug courts pursuant to title V
of the 1994 Act, consistent with the reprogramming procedures
outlined in section 605 of this Act: Provided further, That in lieu
of any amount provided from the Local Law Enforcement Block
Grant for the District of Columbia, $15,000,000 shall be deposited
into an escrow account of the District of Columbia Financial Respon-
sibility and Management Assistance Authority, pursuant to section
205 of Public Law 104–8, for the District of Columbia Metropolitan
Police Department for law enforcement purposes and shall be dis-
bursed from such escrow account pursuant to the instructions of
the Authority and in accordance with a plan developed by the
Chief of Police, after consultation with the Committees on Appro-
priations and Judiciary of the Senate and House of Representatives:
Provided further, That $11,000,000 of this amount shall be for
Boys & Girls Clubs of America for the establishment of Boys &
Girls Clubs in public housing facilities and other areas in coopera-
tion with State and local law enforcement: Provided further, That
funds may also be used to defray the costs of indemnification
insurance for law enforcement officers; $25,000,000 for grants to
upgrade criminal records, as authorized by section 106(b) of the
Brady Handgun Violence Prevention Act of 1993, as amended,
and section 4(b) of the National Child Protection Act of 1993;
$147,000,000 as authorized by section 1001 of title I of the 1968
Act, which shall be available to carry out the provisions of subpart
1, part E of title I of the 1968 Act, notwithstanding section 511
of said Act, for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs; $300,000,000 for the State
Criminal Alien Assistance Program, as authorized by section 242(j)
of the Immigration and Nationality Act, as amended; $617,500,000
for Violent Offender Incarceration and Truth in Sentencing Incen-
tive Grants pursuant to subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (as amended by section
110 STAT. 1321–13 PUBLIC LAW 104–134—APR. 26, 1996
114 of this Act), of which $200,000,000 shall be available for pay-
ments to States for incarceration of criminal aliens, and of which
$12,500,000 shall be available for the Cooperative Agreement Pro-
gram; $1,000,000 for grants to States and units of local government
for projects to improve DNA analysis, as authorized by section
1001(a)(22) of the 1968 Act; $9,000,000 for Improved Training and
Technical Automation Grants, as authorized by section 210501(c)(1)
of the 1994 Act; $1,000,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968 Act;
$500,000 for Motor Vehicle Theft Prevention Programs, as author-
ized by section 220002(h) of the 1994 Act; $1,000,000 for Gang
Investigation Coordination and Information Collection, as author-
ized by section 150006 of the 1994 Act; $200,000 for grants as
authorized by section 32201(c)(3) of the 1994 Act: Provided further,
That funds made available in fiscal year 1996 under subpart 1
of part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended, may be obligated for programs to assist
States in the litigation processing of death penalty Federal habeas
corpus petitions: Provided further, That any 1995 balances for these
programs shall be transferred to and merged with this appropria-
tion: Provided further, That if a unit of local government uses
any of the funds made available under this title to increase the
number of law enforcement officers, the unit of local government
will achieve a net gain in the number of law enforcement officers
who perform nonadministrative public safety service.
COMMUNITY ORIENTED POLICING SERVICES
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103–322 (‘‘the 1994
Act’’) (including administrative costs); $1,400,000,000, to remain
available until expended, which shall be derived from the Violent
Crime Reduction Trust Fund, for Public Safety and Community
Policing Grants pursuant to title I of the 1994 Act: Provided, That
of this amount, $10,000,000 shall be available for programs of
Police Corps education, training and service as set forth in sections
200101–200113 of the 1994 Act: Provided further, That not to
exceed 130 permanent positions and 130 full-time equivalent
workyears and $14,602,000 shall be expended for program manage-
ment and administration.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related expenses
of the Executive Office for Weed and Seed, to implement ‘‘Weed
and Seed’’ program activities, $28,500,000, which shall be derived
from discretionary grants provided under the Edward Byrne Memo-
rial State and Local Law Enforcement Assistance Programs, to
remain available until expended for intergovernmental agreements,
including grants, cooperative agreements, and contracts, with State
and local law enforcement agencies engaged in the investigation
and prosecution of violent crimes and drug offenses in ‘‘Weed and
Seed’’ designated communities, and for either reimbursements or
transfers to appropriation accounts of the Department of Justice
and other Federal agencies which shall be specified by the Attorney
General to execute the ‘‘Weed and Seed’’ program strategy: Provided,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–14
That funds designated by Congress through language for other
Department of Justice appropriation accounts for ‘‘Weed and Seed’’
program activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed: Provided
further, That the Attorney General may direct the use of other
Department of Justice funds and personnel in support of ‘‘Weed
and Seed’’ program activities only after the Attorney General noti-
fies the Committees on Appropriations of the House of Representa-
tives and the Senate in accordance with section 605 of this Act.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended, including salaries and expenses in connec-
tion therewith to be transferred to and merged with the appropria-
tions for Justice Assistance, $144,000,000, to remain available until
expended, as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law 102–
586, of which: (1) $100,000,000 shall be available for expenses
authorized by parts A, B, and C of title II of the Act; (2) $10,000,000
shall be available for expenses authorized by sections 281 and
282 of part D of title II of the Act for prevention and treatment
programs relating to juvenile gangs; (3) $10,000,000 shall be avail-
able for expenses authorized by section 285 of part E of title
II of the Act; (4) $4,000,000 shall be available for expenses author-
ized by part G of title II of the Act for juvenile mentoring programs;
and (5) $20,000,000 shall be available for expenses authorized by
title V of the Act for incentive grants for local delinquency preven-
tion programs.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act
of 1990, as amended, $4,500,000, to remain available until
expended, as authorized by section 214B, of the Act: Provided,
That balances of amounts appropriated prior to fiscal year 1995
under the authorities of this account shall be transferred to and
merged with this account.
PUBLIC SAFETY OFFICERS BENEFITS
For payments authorized by part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
as amended, such sums as are necessary, to remain available until
expended, as authorized by section 6093 of Public Law 100–690
(102 Stat. 4339–4340), and, in addition, $2,134,000, to remain avail-
able until expended, for payments as authorized by section 1201(b)
of said Act.
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 114. (a) GRANT PROGRAM.—Subtitle A of title II of the
Violent Crime Control and Law Enforcement Act of 1994 is amended
to read as follows:
110 STAT. 1321–15 PUBLIC LAW 104–134—APR. 26, 1996
‘‘Subtitle A—Violent Offender Incarcer-
ation and Truth-in-Sentencing Incentive
Grants
42 USC 13701. ‘‘SEC. 20101. DEFINITIONS.
‘‘Unless otherwise provided, for purposes of this subtitle—
‘‘(1) the term ‘indeterminate sentencing’ means a system
by which—
‘‘(A) the court may impose a sentence of a range defined
by statute; and
‘‘(B) an administrative agency, generally the parole
board, or the court, controls release within the statutory
range;
‘‘(2) the term ‘part 1 violent crime’ means murder and
nonnegligent manslaughter, forcible rape, robbery, and aggra-
vated assault as reported to the Federal Bureau of Investigation
for purposes of the Uniform Crime Reports; and
‘‘(3) the term ‘State’ means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
42 USC 13702. ‘‘SEC. 20102. AUTHORIZATION OF GRANTS.
‘‘(a) IN GENERAL.—The Attorney General shall provide Violent
Offender Incarceration grants under section 20103 and Truth-in-
Sentencing Incentive grants under section 20104 to eligible States—
‘‘(1) to build or expand correctional facilities to increase
the bed capacity for the confinement of persons convicted of
a part 1 violent crime or adjudicated delinquent for an act
which if committed by an adult, would be a part 1 violent
crime;
‘‘(2) to build or expand temporary or permanent correctional
facilities, including facilities on military bases, prison barges,
and boot camps, for the confinement of convicted nonviolent
offenders and criminal aliens, for the purpose of freeing suitable
existing prison space for the confinement of persons convicted
of a part 1 violent crime; and
‘‘(3) to build or expand jails.
‘‘(b) REGIONAL COMPACTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), States may
enter into regional compacts to carry out this subtitle. Such
compacts shall be treated as States under this subtitle.
‘‘(2) REQUIREMENT.—To be recognized as a regional compact
for eligibility for a grant under section 20103 or 20104, each
member State must be eligible individually.
‘‘(3) LIMITATION ON RECEIPT OF FUNDS.—No State may
receive a grant under this subtitle both individually and as
part of a compact.
‘‘(c) APPLICABILITY.—Notwithstanding the eligibility require-
ments of section 20104, a State that certifies to the Attorney Gen-
eral that, as of the date of enactment of the Department of Justice
Appropriations Act, 1996, such State has enacted legislation in
reliance on subtitle A of title II of the Violent Crime Control
and Law Enforcement Act, as enacted on September 13, 1994,
and would in fact qualify under those provisions, shall be eligible
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–16
to receive a grant for fiscal year 1996 as though such State qualifies
under section 20104 of this subtitle.
‘‘SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS. 42 USC 13703.
‘‘(a) ELIGIBILITY FOR MINIMUM GRANT.—To be eligible to receive
a minimum grant under this section, a State shall submit an
application to the Attorney General that provides assurances that
the State has implemented, or will implement, correctional policies
and programs, including truth-in-sentencing laws that ensure that
violent offenders serve a substantial portion of the sentences
imposed, that are designed to provide sufficiently severe punish-
ment for violent offenders, including violent juvenile offenders, and
that the prison time served is appropriately related to the deter-
mination that the inmate is a violent offender and for a period
of time deemed necessary to protect the public.
‘‘(b) ADDITIONAL AMOUNT FOR INCREASED PERCENTAGE OF PER-
SONS SENTENCED AND TIME SERVED.—A State that received a grant
under subsection (a) is eligible to receive additional grant amounts
if such State demonstrates that the State has, since 1993—
‘‘(1) increased the percentage of persons arrested for a
part 1 violent crime sentenced to prison; or
‘‘(2) increased the average prison time actually served or
the average percent of sentence served by persons convicted
of a part 1 violent crime.
Receipt of grant amounts under this subsection does not preclude
eligibility for a grant under subsection (c).
‘‘(c) ADDITIONAL AMOUNT FOR INCREASED RATE OF INCARCER-
ATION AND PERCENTAGE OF SENTENCE SERVED.—A State that
received a grant under subsection (a) is eligible to receive additional
grant amounts if such State demonstrates that the State has—
‘‘(1) since 1993, increased the percentage of persons
arrested for a part 1 violent crime sentenced to prison, and
has increased the average percent of sentence served by persons
convicted of a part 1 violent crime; or
‘‘(2) has increased by 10 percent or more over the most
recent 3-year period the number of new court commitments
to prison of persons convicted of part 1 violent crimes.
Receipt of grant amounts under this subsection does not preclude
eligibility for a grant under subsection (b).
‘‘SEC. 20104. TRUTH-IN-SENTENCING INCENTIVE GRANTS. 42 USC 13704.
‘‘(a) ELIGIBILITY.—To be eligible to receive a grant award under
this section, a State shall submit an application to the Attorney
General that demonstrates that—
‘‘(1) such State has implemented truth-in-sentencing laws
that—
‘‘(A) require persons convicted of a part 1 violent crime
to serve not less than 85 percent of the sentence imposed
(without counting time not actually served, such as
administrative or statutory incentives for good behavior);
or
‘‘(B) result in persons convicted of a part 1 violent
crime serving on average not less than 85 percent of the
sentence imposed (without counting time not actually
served, such as administrative or statutory incentives for
good behavior);
‘‘(2) such State has truth-in-sentencing laws that have been
enacted, but not yet implemented, that require such State,
110 STAT. 1321–17 PUBLIC LAW 104–134—APR. 26, 1996
not later than 3 years after such State submits an application
to the Attorney General, to provide that persons convicted
of a part 1 violent crime serve not less than 85 percent of
the sentence imposed (without counting time not actually
served, such as administrative or statutory incentives for good
behavior); or
‘‘(3) in the case of a State that on the date of enactment
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1996, prac-
tices indeterminate sentencing with regard to any part 1 violent
crime—
‘‘(A) persons convicted of a part 1 violent crime on
average serve not less than 85 percent of the prison term
established under the State’s sentencing and release guide-
lines; or
‘‘(B) persons convicted of a part 1 violent crime on
average serve not less than 85 percent of the maximum
prison term allowed under the sentence imposed by the
court (not counting time not actually served such as
administrative or statutory incentives for good behavior).
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), a State may
provide that the Governor of the State may allow for the earlier
release of—
‘‘(1) a geriatric prisoner; or
‘‘(2) a prisoner whose medical condition precludes the pris-
oner from posing a threat to the public, but only after a public
hearing in which representatives of the public and the pris-
oner’s victims have had an opportunity to be heard regarding
a proposed release.
42 USC 13705. ‘‘SEC. 20105. SPECIAL RULES.
‘‘(a) SHARING OF FUNDS WITH COUNTIES AND OTHER UNITS
OF LOCAL GOVERNMENT.—
‘‘(1) RESERVATION.—Each State shall reserve not more than
15 percent of the amount of funds allocated in a fiscal year
pursuant to section 20106 for counties and units of local govern-
ment to construct, develop, expand, modify, or improve jails
and other correctional facilities.
‘‘(2) FACTORS FOR DETERMINATION OF AMOUNT.—To deter-
mine the amount of funds to be reserved under this subsection,
a State shall consider the burden placed on a county or unit
of local government that results from the implementation of
policies adopted by the State to carry out section 20103 or
20104.
‘‘(b) ADDITIONAL REQUIREMENT.—To be eligible to receive a
grant under section 20103 or 20104, a State shall provide assur-
ances to the Attorney General that the State has implemented
or will implement not later than 18 months after the date of
the enactment of this subtitle, policies that provide for the recogni-
tion of the rights and needs of crime victims.
‘‘(c) FUNDS FOR JUVENILE OFFENDERS.—Notwithstanding any
other provision of this subtitle, if a State, or unit of local government
located in a State that otherwise meets the requirements of section
20103 or 20104, certifies to the Attorney General that exigent
circumstances exist that require the State to expend funds to build
or expand facilities to confine juvenile offenders other than juvenile
offenders adjudicated delinquent for an act which, if committed
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–18
by an adult, would be a part 1 violent crime, the State may use
funds received under this subtitle to build or expand juvenile correc-
tional facilities or pretrial detention facilities for juvenile offenders.
‘‘(d) PRIVATE FACILITIES.—A State may use funds received under
this subtitle for the privatization of facilities to carry out the pur-
poses of section 20102.
‘‘(e) DEFINITION.—For purposes of this subtitle, ‘‘part 1 violent
crime’’ means a part 1 violent crime as defined in section 20101(3),
or a crime in a reasonably comparable class of serious violent
crimes as approved by the Attorney General.
‘‘SEC. 20106. FORMULA FOR GRANTS. 42 USC 13706.
‘‘(a) ALLOCATION OF VIOLENT OFFENDER INCARCERATION
GRANTS UNDER SECTION 20103.—
‘‘(1) FORMULA ALLOCATION.—85 percent of the amount
available for grants under section 20103 for any fiscal year
shall be allocated as follows (except that a State may not
receive more than 9 percent of the total amount of funds
made available under this paragraph):
‘‘(A) 0.75 percent shall be allocated to each State that
meets the requirements of section 20103(a), except that
the United States Virgin Islands, American Samoa, Guam,
and the Commonwealth of the Northern Mariana Islands,
if eligible under section 20103(a), shall each be allocated
0.05 percent.
‘‘(B) The amount remaining after application of
subparagraph (A) shall be allocated to each State that
meets the requirements of section 20103(b), in the ratio
that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for the 3
years preceding the year in which the determination is
made, bears to the average annual number of part 1 violent
crimes reported by all States that meet the requirements
of section 20103(b) to the Federal Bureau of Investigation
for the 3 years preceding the year in which the determina-
tion is made.
‘‘(2) ADDITIONAL ALLOCATION.—15 percent of the amount
available for grants under section 20103 for any fiscal year
shall be allocated to each State that meets the requirements
of section 20103(c) as follows:
‘‘(A) 3.0 percent shall be allocated to each State that
meets the requirements of section 20103(c), except that
the United States Virgin Islands, American Samoa, Guam,
and the Commonwealth of the Northern Mariana Islands,
if eligible under such subsection, shall each be allocated
0.03 percent.
‘‘(B) The amount remaining after application of
subparagraph (A) shall be allocated to each State that
meets the requirements of section 20103(c), in the ratio
that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for the 3
years preceding the year in which the determination is
made, bears to the average annual number of part 1 violent
crimes reported by all States that meet the requirements
of section 20102(c) to the Federal Bureau of Investigation
for the 3 years preceding the year in which the determina-
tion is made.
110 STAT. 1321–19 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(b) ALLOCATION OF TRUTH-IN-SENTENCING GRANTS UNDER SEC-
TION 20104.—The amounts available for grants for section 20104
shall be allocated to each State that meets the requirements of
section 20104 in the ratio that the average annual number of
part 1 violent crimes reported by such State to the Federal Bureau
of Investigation for the 3 years preceding the year in which the
determination is made bears to the average annual number of
part 1 violent crimes reported by States that meet the requirements
of section 20104 to the Federal Bureau of Investigation for the
3 years preceding the year in which the determination is made,
except that a State may not receive more than 25 percent of the
total amount available for such grants.
‘‘(c) UNAVAILABLE DATA.—If data regarding part 1 violent
crimes in any State is substantially inaccurate or is unavailable
for the 3 years preceding the year in which the determination
is made, the Attorney General shall utilize the best available com-
parable data regarding the number of violent crimes for the previous
year for the State for the purposes of allocation of funds under
this subtitle.
‘‘(d) REGIONAL COMPACTS.—In determining the amount of funds
that States organized as a regional compact may receive, the Attor-
ney General shall first apply the formula in either subsection (a)
or (b) and (c) of this section to each member State of the compact.
The States organized as a regional compact may receive the sum
of the amounts so determined.
42 USC 13707. ‘‘SEC. 20107. ACCOUNTABILITY.
‘‘(a) FISCAL REQUIREMENTS.—A State that receives funds under
this subtitle shall use accounting, audit, and fiscal procedures that
conform to guidelines prescribed by the Attorney General, and
shall ensure that any funds used to carry out the programs under
section 20102(a) shall represent the best value for the State govern-
ments at the lowest possible cost and employ the best available
technology.
‘‘(b) ADMINISTRATIVE PROVISIONS.—The administrative provi-
sions of sections 801 and 802 of the Omnibus Crime Control and
Safe Streets Act of 1968 shall apply to the Attorney General under
this subtitle in the same manner that such provisions apply to
the officials listed in such sections.
42 USC 13708. ‘‘SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORIZATIONS.—There are authorized to be appro-
priated to carry out this subtitle—
‘‘(A) $997,500,000 for fiscal year 1996;
‘‘(B) $1,330,000,000 for fiscal year 1997;
‘‘(C) $2,527,000,000 for fiscal year 1998;
‘‘(D) $2,660,000,000 for fiscal year 1999; and
‘‘(E) $2,753,100,000 for fiscal year 2000.
‘‘(2) DISTRIBUTION.—
‘‘(A) IN GENERAL.—Of the amounts remaining after
the allocation of funds for the purposes set forth under
sections 20110, 20111, and 20109, the Attorney General
shall, from amounts authorized to be appropriated under
paragraph (1) for each fiscal year, distribute 50 percent
for incarceration grants under section 20103, and 50 per-
cent for incentive grants under section 20104.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–20
‘‘(B) DISTRIBUTION OF MINIMUM AMOUNTS.—The Attor-
ney General shall distribute minimum amounts allocated
for section 20103(a) to an eligible State not later than
30 days after receiving an application that demonstrates
that such State qualifies for a Violent Offender Incarcer-
ation grant under section 20103 or a Truth-in-Sentencing
Incentive grant under section 20104.
‘‘(b) LIMITATIONS ON FUNDS.—
‘‘(1) USES OF FUNDS.—Except as provided in section 20110
and 20111, funds made available pursuant to this section shall
be used only to carry out the purposes described in section
20102(a).
‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds made avail-
able pursuant to this section shall not be used to supplant
State funds, but shall be used to increase the amount of funds
that would, in the absence of Federal funds, be made available
from State sources.
‘‘(3) ADMINISTRATIVE COSTS.—Not more than 3 percent of
the funds that remain available after carrying out sections
20109, 20110, and 20111 shall be available to the Attorney
General for purposes of—
‘‘(A) administration;
‘‘(B) research and evaluation, including assessment of
the effect on public safety and other effects of the expansion
of correctional capacity and sentencing reforms imple-
mented pursuant to this subtitle;
‘‘(C) technical assistance relating to the use of grant
funds, and development and implementation of sentencing
reforms implemented pursuant to this subtitle; and
‘‘(D) data collection and improvement of information
systems relating to the confinement of violent offenders
and other sentencing and correctional matters.
‘‘(4) CARRYOVER OF APPROPRIATIONS.—Funds appropriated
pursuant to this section during any fiscal year shall remain
available until expended.
‘‘(5) MATCHING FUNDS.—The Federal share of a grant
received under this subtitle may not exceed 90 percent of the
costs of a proposal as described in an application approved
under this subtitle.
‘‘SEC. 20109. PAYMENTS FOR INCARCERATION ON TRIBAL LANDS. 42 USC 13709.
‘‘(a) RESERVATION OF FUNDS.—Notwithstanding any other provi-
sion of this subtitle other than section 20108(a)(2), from amounts
appropriated to carry out sections 20103 and 20104, the Attorney
General shall reserve, to carry out this section—
‘‘(1) 0.3 percent in each of fiscal years 1996 and 1997;
and
‘‘(2) 0.2 percent in each of fiscal years 1998, 1999, and
2000.
‘‘(b) GRANTS TO INDIAN TRIBES.—From the amounts reserved
under subsection (a), the Attorney General may make grants to
Indian tribes for the purposes of constructing jails on tribal lands
for the incarceration of offenders subject to tribal jurisdiction.
‘‘(c) APPLICATIONS.—To be eligible to receive a grant under
this section, an Indian tribe shall submit to the Attorney General
an application in such form and containing such information as
the Attorney General may by regulation require.
110 STAT. 1321–21 PUBLIC LAW 104–134—APR. 26, 1996
42 USC 13710. ‘‘SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION
OF CRIMINAL ALIENS.
‘‘(a) IN GENERAL.—The Attorney General shall make a payment
to each State which is eligible under section 242(j) of the Immigra-
tion and Nationality Act in such amount as is determined under
section 242(j), and for which payment is not made to such State
for such fiscal year under such section.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwithstanding any
other provision of this subtitle, there are authorized to be appro-
priated to carry out this section from amounts authorized under
section 20108, an amount which when added to amounts appro-
priated to carry out section 242(j) of the Immigration and National-
ity Act for fiscal year 1996 equals $500,000,000 and for each of
the fiscal years 1997 through 2000 does not exceed $650,000,000.
‘‘(c) ADMINISTRATION.—The amounts appropriated to carry out
this section shall be reserved from the total amount appropriated
for each fiscal year and shall be added to the other funds appro-
priated to carry out section 242(j) of the Immigration and National-
ity Act and administered under such section.
‘‘(d) REPORT TO CONGRESS.—Not later than May 15, 1999, the
Attorney General shall submit a report to the Congress which
contains the recommendation of the Attorney General concerning
the extension of the program under this section.
42 USC 13711. ‘‘SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL
INSTITUTIONS.
‘‘(a) IN GENERAL.—The Attorney General may make payments
to States and units of local government for the purposes authorized
in section 4013 of title 18, United States Code.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Notwithstanding any
other provision of this subtitle other than section 20108(a)(2), there
are authorized to be appropriated from amounts authorized under
section 20108 for each of fiscal years 1996 through 2000 such
sums as may be necessary to carry out this section.
42 USC 13712. ‘‘SEC. 20112. REPORT BY THE ATTORNEY GENERAL.
‘‘Beginning on October 1, 1996, and each subsequent July 1
thereafter, the Attorney General shall report to the Congress on
the implementation of this subtitle, including a report on the eligi-
bility of the States under sections 20103 and 20104, and the dis-
tribution and use of funds under this subtitle.’’.
(b) CONFORMING AMENDMENTS.—
(1) OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF
1968.—
Repeal (A) PART V.—Part V of title I of the Omnibus Crime
42 USC 3796ii et Control and Safe Streets Act of 1968 is repealed.
seq. (B) FUNDING.—
(i) Section 1001(a) of the Omnibus Crime Control
42 USC 3793. and Safe Streets Act of 1968 is amended by striking
paragraph (20).
42 USC 3793 (ii) Notwithstanding the provisions of subpara-
note. graph (A), any funds that remain available to an
applicant under paragraph (20) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 shall
be used in accordance with part V of such Act as
if such Act was in effect on the day preceding the
date of enactment of this Act.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–22
(2) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
OF 1994.—
(A) TABLE OF CONTENTS.—The table of contents of the
Violent Crime Control and Law Enforcement Act of 1994
is amended by striking the matter relating to title V.
(B) COMPLIANCE.—Notwithstanding the provisions of 42 USC 3796ii
paragraph (1), any funds that remain available to an note.
applicant under title V of the Violent Crime Control and
Law Enforcement Act of 1994 shall be used in accordance
with such subtitle as if such subtitle was in effect on
the day preceding the date of enactment of this Act.
(C) TRUTH-IN-SENTENCING.—The table of contents of
the Violent Crime Control and Law Enforcement Act of
1994 is amended by striking the matter relating to subtitle
A of title II and inserting the following:
‘‘SUBTITLE A—VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING
INCENTIVE GRANTS
‘‘Sec. 20101. Definitions.
‘‘Sec. 20102. Authorization of Grants.
‘‘Sec. 20103. Violent offender incarceration grants.
‘‘Sec. 20104. Truth-in-sentencing incentive grants.
‘‘Sec. 20105. Special rules.
‘‘Sec. 20106. Formula for grants.
‘‘Sec. 20107. Accountability.
‘‘Sec. 20108. Authorization of appropriations.
‘‘Sec. 20109. Payments for Incarceration on Tribal Lands.
‘‘Sec. 20110. Payments to eligible States for incarceration of criminal aliens.
‘‘Sec. 20111. Support of Federal prisoners in non-Federal institutions.
‘‘Sec. 20112. Report by the Attorney General.’’.
SEC. 120. The pilot debt collection project authorized by Public 31 USC 3718
Law 99–578, as amended, is extended through September 30, 1997. note.
SEC. 121. The definition of ‘‘educational expenses’’ in Section Post, p. 380.
42 USC 14092.
200103 of the Violent Crime Control and Law Enforcement Act
of 1994, Public Law 103–322, is amended to read as follows: ‘‘ ‘edu-
cational expenses’’ means expenses that are directly attributable
to a course of education leading to the award of either a bacca-
laureate or graduate degree in a course of study which, in the
judgment of the State or local police force to which the participant
will be assigned, includes appropriate preparation for police service
including the cost of tuition, fees, books, supplies, transportation,
room and board and miscellaneous expenses.’’
SEC. 122. Section 524(c) of title 28, United States Code, is
amended by striking subparagraph (8)(E), as added by section 110
of the Department of Justice and Related Agencies Appropriations
Act, 1995 (P. L. 103–317, 108 Stat. 1735 (1994)).
This title may be cited as the ‘‘Department of Justice Appropria-
tions Act, 1996’’.
110 STAT. 1321–23 PUBLIC LAW 104–134—APR. 26, 1996
Department of TITLE II—DEPARTMENT OF COMMERCE AND RELATED
Commerce and AGENCIES
Related Agencies
Appropriation
Act, 1996. TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by 5
U.S.C. 3109, $20,889,000, of which $2,500,000 shall remain avail-
able until expended: Provided, That not to exceed $98,000 shall
be available for official reception and representation expenses.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as author-
ized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $40,000,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and engaging
in trade promotional activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
of United States firms, without regard to 44 U.S.C. 3702 and
3703; full medical coverage for dependent members of immediate
families of employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of the
United States and Foreign Commercial Service between two points
abroad, without regard to 49 U.S.C. 1517; employment of Americans
and aliens by contract for services; rental of space abroad for
periods not exceeding ten years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary demount-
able exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C. 2672
when such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of passenger
motor vehicles for official use abroad, not to exceed $30,000 per
vehicle; obtain insurance on official motor vehicles; and rent tie
lines and teletype equipment; $264,885,000, to remain available
until expended: Provided, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities without regard to 15
U.S.C. 4912; and that for the purpose of this Act, contributions
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–24
under the provisions of the Mutual Educational and Cultural
Exchange Act shall include payment for assessments for services
provided as part of these activities.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for serv-
ices abroad; rental of space abroad for periods not exceeding ten
years, and expenses of alteration, repair, or improvement; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $15,000 for official representation expenses abroad;
awards of compensation to informers under the Export Administra-
tion Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase
of passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles eligible
for purchase without regard to any price limitation otherwise estab-
lished by law; $38,604,000, to remain available until expended:
Provided, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
in carrying out these activities: Provided further, That payments
and contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information
to the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, Public Law 91–304, and such laws that were in effect
immediately before September 30, 1982, and for trade adjustment
assistance, $328,500,000: Provided, That none of the funds appro-
priated or otherwise made available under this heading may be
used directly or indirectly for attorneys’ or consultants’ fees in
connection with securing grants and contracts made by the Eco-
nomic Development Administration: Provided further, That, not-
withstanding any other provision of law, the Secretary of Commerce
may provide financial assistance for projects to be located on mili-
tary installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works and
Economic Development Act of 1965, as amended, without it being
required that the grantee have title or ability to obtain a lease
for the property, for the useful life of the project, when in the
opinion of the Secretary of Commerce, such financial assistance
is necessary for the economic development of the area: Provided
110 STAT. 1321–25 PUBLIC LAW 104–134—APR. 26, 1996
further, That the Secretary of Commerce may, as the Secretary
considers appropriate, consult with the Secretary of Defense regard-
ing the title to land on military installations closed or scheduled
for closure or realignment.
SALARIES AND EXPENSES
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $20,000,000:
Provided, That these funds may be used to monitor projects
approved pursuant to title I of the Public Works Employment
Act of 1976, as amended, title II of the Trade Act of 1974, as
amended, and the Community Emergency Drought Relief Act of
1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprise,
including expenses of grants, contracts, and other agreements with
public or private organizations, $32,000,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$45,900,000, to remain available until September 30, 1997.
ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND
15 USC 1527a The Secretary of Commerce is authorized to disseminate eco-
note. nomic and statistical data products as authorized by 15 U.S.C.
1525–1527 and, notwithstanding 15 U.S.C. 4912, charge fees nec-
essary to recover the full costs incurred in their production. Notwith-
standing 31 U.S.C. 3302, receipts received from these data
dissemination activities shall be credited to this account, to be
available for carrying out these purposes without further appropria-
tion.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$133,812,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to collect and publish statistics for
periodic censuses and programs provided for by law, $150,300,000,
to remain available until expended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–26
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration, $17,000,000
to remain available until expended: Provided, That notwithstanding
31 U.S.C. 1535(d), the Secretary of Commerce is authorized to
charge Federal agencies for spectrum management, analysis, and
operations, and related services: Provided further, That the Sec-
retary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for spectrum management, analysis,
and operations, and related services and for all costs incurred
in telecommunications research, engineering, and related activities
by the Institute for Telecommunication Sciences of the NTIA in
furtherance of its assigned functions under this paragraph, and
such funds received from other Government agencies shall remain
available until expended.
PUBLIC BROADCASTING FACILITIES, PLANNING AND CONSTRUCTION
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,500,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $2,200,000 shall be available for
program administration as authorized by section 391 of the Act:
Provided further, That notwithstanding the provisions of section
391 of the Act, the prior year unobligated balances may be made
available for grants for projects for which applications have been
submitted and approved during any fiscal year.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $21,500,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $3,000,000 shall be available for
program administration and other support activities as authorized
by section 391 of the Act including support of the Advisory Council
on National Information Infrastructure: Provided further, That of
the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information infra-
structure: Provided further, That notwithstanding the requirements
of section 392(a) and 392(c) of the Act, these funds may be used
for the planning and construction of telecommunications networks
for the provision of educational, cultural, health care, public
information, public safety or other social services.
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted against
the Commissioner of Patents and Trademarks; $82,324,000, to
remain available until expended: Provided, That the funds made
110 STAT. 1321–27 PUBLIC LAW 104–134—APR. 26, 1996
available under this heading are to be derived from deposits in
the Patent and Trademark Office Fee Surcharge Fund as authorized
by law: Provided further, That the amounts made available under
the Fund shall not exceed amounts deposited; and such fees as
shall be collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41
and 376, shall remain available until expended.
SCIENCE AND TECHNOLOGY
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards
and Technology, $259,000,000, to remain available until expended,
of which not to exceed $8,500,000 may be transferred to the ‘‘Work-
ing Capital Fund’’.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Extension Part-
nership and the Advanced Technology Program of the National
Institute of Standards and Technology, $301,000,000, to remain
available until expended, of which $80,000,000 shall be for the
Manufacturing Extension Partnership, and of which $221,000,000
shall be for the Advanced Technology Program: Provided, That
not to exceed $500,000 may be transferred to the ‘‘Working Capital
Fund’’.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation of existing facili-
ties, not otherwise provided for the National Institute of Standards
and Technology, as authorized by 15 U.S.C. 278c–278e, $60,000,000,
to remain available until expended.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
33 USC 851. acquisition, maintenance, operation, and hire of aircraft; not to
exceed 358 commissioned officers on the active list; grants, con-
tracts, or other payments to nonprofit organizations for the purposes
of conducting activities pursuant to cooperative agreements; and
alteration, modernization, and relocation of facilities as authorized
by 33 U.S.C. 883i; $1,795,677,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 but
consistent with other existing law, fees shall be assessed, collected,
and credited to this appropriation as offsetting collections to be
available until expended, to recover the costs of administering aero-
nautical charting programs: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such addi-
tional fees are received during fiscal year 1996, so as to result
in a final general fund appropriation estimated at not more than
$1,792,677,000: Provided further, That any such additional fees
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–28
received in excess of $3,000,000 in fiscal year 1996 shall not be
available for obligation until October 1, 1996: Provided further,
That fees and donations received by the National Ocean Service
for the management of the national marine sanctuaries may be
retained and used for the salaries and expenses associated with
those activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $63,000,000 shall be derived by transfer from
the fund entitled ‘‘Promote and Develop Fishery Products and
Research Pertaining to American Fisheries’’: Provided further, That
grants to States pursuant to sections 306 and 306(a) of the Coastal
Zone Management Act, as amended, shall not exceed $2,000,000.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to 16 U.S.C. 1456a, not to exceed
$7,800,000, for purposes set forth in 16 U.S.C. 1456a(b)(2)(A), 16
U.S.C. 1456a(b)(2)(B)(v), and 16 U.S.C. 1461(e).
CONSTRUCTION
For repair and modification of, and additions to, existing facili-
ties and construction of new facilities, and for facility planning
and design and land acquisition not otherwise provided for the
National Oceanic and Atmospheric Administration, $50,000,000,
to remain available until expended.
FLEET MODERNIZATION, SHIPBUILDING AND CONVERSION
For expenses necessary for the repair, acquisition, leasing, or
conversion of vessels, including related equipment to maintain and
modernize the existing fleet and to continue planning the mod-
ernization of the fleet, for the National Oceanic and Atmospheric
Administration, $8,000,000, to remain available until expended.
FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND
For carrying out the provisions of section 3 of Public Law
95–376, not to exceed $1,032,000, to be derived from receipts col-
lected pursuant to 22 U.S.C. 1980 (b) and (f), to remain available
until expended.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $999,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions of the Atlan-
tic Tunas Convention Act of 1975, as amended (Public Law 96–
339), the Magnuson Fishery Conservation and Management Act
of 1976, as amended (Public Law 100–627) and the American Fish-
eries Promotion Act (Public Law 96–561), there are appropriated
from the fees imposed under the foreign fishery observer program
authorized by these Acts, not to exceed $196,000, to remain avail-
able until expended.
110 STAT. 1321–29 PUBLIC LAW 104–134—APR. 26, 1996
FISHING VESSEL OBLIGATIONS GUARANTEES
For the cost, as defined in section 502 of the Federal Credit
Reform Act of 1990, of guaranteed loans authorized by the Merchant
Marine Act of 1936, as amended, $250,000: Provided, That none
of the funds made available under this heading may be used to
guarantee loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
TECHNOLOGY ADMINISTRATION
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY
POLICY
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $7,000,000.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to
exceed $3,000 for official entertainment, $29,100,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App. 1–11 as amended by Public Law 100–
504), $19,849,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)
Of the unobligated balances available under this heading,
$75,000,000 are rescinded.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable appropria-
tions and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–30
SEC. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and activi-
ties that are under the control of the United States Air Force
or the United States Air Force Reserve.
SEC. 204. None of the funds provided in this or any previous 13 USC 23 note.
Act, or hereinafter made available to the Department of Commerce
shall be available to reimburse the Unemployment Trust Fund
or any other fund or account of the Treasury to pay for any expenses
paid before October 1, 1992, as authorized by section 8501 of title
5, United States Code, for services performed after April 20, 1990,
by individuals appointed to temporary positions within the Bureau
of the Census for purposes relating to the 1990 decennial census
of population.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, the Secretary of Com-
merce, no later than 90 days thereafter, shall submit to the Commit-
tees on Appropriations of the House and the Senate a plan for
transferring funds provided in this Act to the appropriate successor
organizations: Provided, That the plan shall include a proposal
for transferring or rescinding funds appropriated herein for agencies
or programs terminated under such legislation: Provided further,
That such plan shall be transmitted in accordance with section
605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to carry
out legislation dismantling or reorganizing the Department of Com-
merce to cover the costs of actions relating to the abolishment,
reorganization or transfer of functions and any related personnel
action, including voluntary separation incentives if authorized by
such legislation: Provided, That the authority to transfer funds
between appropriations accounts that may be necessary to carry
out this section is provided in addition to authorities included
under section 205 of this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 207. Notwithstanding any other provision of law (including
any regulation and including the Public Works and Economic Devel-
opment Act of 1965), the transfer of title to the Rutland City
Industrial Complex to Hilinex, Vermont (as related to Economic
Development Administration Project Number 01–11–01742) shall
not require compensation to the Federal Government for the fair
share of the Federal Government of that real property.
SEC. 208. (a) IN GENERAL.—The Secretary of Commerce, acting
through the Assistant Secretary for Economic Development of the
Department of Commerce, shall—
110 STAT. 1321–31 PUBLIC LAW 104–134—APR. 26, 1996
(1) not later than January 1, 1996, commence the demoli-
tion of the structures on, and the cleanup and environmental
remediation on, the parcel of land described in subsection (b);
(2) not later than March 31, 1996, complete the demolition,
cleanup, and environmental remediation under paragraph (1);
and
(3) not later than April 1, 1996, convey the parcel of land
described in subsection (b), in accordance with the requirements
of section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)), to the Tuscaloosa County Industrial Development
Authority, on receipt of payment of the fair market value for
the parcel by the Authority, as agreed on by the Secretary
and the Authority.
(b) LAND PARCEL.—The parcel of land referred to in subsection
(a) is the parcel of land consisting of approximately 41 acres in
Holt, Alabama (in Tuscaloosa County), that is generally known
as the ‘‘Central Foundry Property’’, as depicted on a map, and
as described in a legal description, that the Secretary, acting
through the Assistant Secretary for Economic Development, deter-
mines to be satisfactory.
SEC. 209. Any costs incurred by a Department or agency funded
under this title resulting from personnel actions taken in response
to funding reductions included in this title shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
provision is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
16 USC 1851 SEC. 210. None of the funds appropriated under this Act or
note. any other Act may be used to develop new fishery management
plans, amendments or regulations which create new individual fish-
ing quota, individual transferable quota, or new individual transfer-
able effort allocation programs, or to implement any such plans,
amendments or regulations approved by a Regional Fishery
Management Council or the Secretary of Commerce after January
4, 1995, until offsetting fees to pay for the cost of administering
such plans, amendments or regulations are expressly authorized
under the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.). This restriction shall not apply in any
way to any such programs approved by the Secretary of Commerce
prior to January 4, 1995.
SEC. 211. Section 308(d) of the Interjurisdictional Fisheries
Act of 1986 (16 U.S.C. 4107(d)) is amended—
(1) in the heading, by striking ‘‘GRANTS’’ and inserting
‘‘ASSISTANCE’’;
(2) in paragraph (1), by striking ‘‘award grants to persons
engaged in commercial fisheries, for uninsured losses deter-
mined by the Secretary to have been suffered’’ and inserting
‘‘help persons engaged in commercial fisheries, either by provid-
ing assistance directly to those persons or by providing assist-
ance indirectly through States and local government agencies
and nonprofit organizations, for projects or other measures
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–32
to alleviate harm determined by the Secretary to have been
incurred’’;
(3) in paragraph (3), by striking ‘‘a grant’’ and inserting
‘‘direct assistance to a person’’;
(4) in paragraph (3), by striking ‘‘gross revenues annually,’’
and inserting ‘‘net revenues annually from commercial fishing,’’;
(5) by striking paragraph (4) and inserting the following:
‘‘(4)(A) Assistance may not be provided under this sub-
section as part of a fishing capacity reduction program in a
fishery unless the Secretary determines that adequate conserva-
tion and management measures are in place in that fishery.
‘‘(B) As a condition of awarding assistance with respect
to a vessel under a fishing capacity reduction program, the
Secretary shall—
‘‘(i) prohibit the vessel from being used for fishing;
and
‘‘(ii) require that the vessel be—
‘‘(I) scrapped or otherwise disposed of in a manner
approved by the Secretary; or
‘‘(II) donated to a nonprofit organization and there-
after used only for purposes of research, education,
or training; or
‘‘(III) used for another non-fishing purpose pro-
vided the Secretary determines that adequate meas-
ures are in place to ensure that the vessel cannot
reenter any fishery.
‘‘(C) A vessel that is prohibited from fishing under subpara-
graph (B) shall not be eligible for a fishery endorsement under
section 12108(a) of title 46, United States Code, and any such
endorsement for the vessel shall not be effective.’’; and
(6) in paragraph (5), by striking ‘‘for awarding grants’’
and all that follows through the end of the paragraph and
inserting ‘‘for receiving assistance under this subsection.’’.
SEC. 212. The Secretary may award contracts for hydrographic, Contracts.
geodetic, and photogrammetric surveying and mapping services in
accordance with Title IX of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 541 et seq.).
This title may be cited as the ‘‘Department of Commerce and
Related Agencies Appropriations Act, 1996’’.
The Judiciary
TITLE III—THE JUDICIARY Appropriations
Act, 1996.
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including purchase or hire, driving, maintenance and operation
of an automobile for the Chief Justice, not to exceed $10,000 for
the purpose of transporting Associate Justices, and hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not
to exceed $10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief Justice
may approve, $25,834,000.
110 STAT. 1321–33 PUBLIC LAW 104–134—APR. 26, 1996
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
him by the Act approved May 7, 1934 (40 U.S.C. 13a–13b),
$3,313,000, of which $500,000 shall remain available until
expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized
by law, $14,288,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries of
the officers and employees of the court, services as authorized
by 5 U.S.C. 3109, and necessary expenses of the court, as authorized
by law, $10,859,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, mag-
istrate judges, and all other officers and employees of the Federal
Judiciary not otherwise specifically provided for, and necessary
expenses of the courts, as authorized by law, $2,433,141,000 (includ-
ing the purchase of firearms and ammunition); of which not to
exceed $13,454,000 shall remain available until expended for space
alteration projects; of which not to exceed $10,000,000 shall remain
available until expended for furniture and furnishings related to
new space alteration and construction projects; and of which
$500,000 is to remain available until expended for acquisition of
books, periodicals, and newspapers, and all other legal reference
materials, including subscriptions.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986, not to exceed $2,318,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
VIOLENT CRIME REDUCTION PROGRAMS
For activities of the Federal Judiciary as authorized by law,
$30,000,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund, as authorized
by section 190001(a) of Public Law 103–322.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–34
DEFENDER SERVICES
For the operation of Federal Public Defender and Community
Defender organizations, the compensation and reimbursement of
expenses of attorneys appointed to represent persons under the
Criminal Justice Act of 1964, as amended, the compensation and
reimbursement of expenses of persons furnishing investigative,
expert and other services under the Criminal Justice Act (18 U.S.C.
3006A(e)), the compensation (in accordance with Criminal Justice
Act maximums) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant
has waived representation by counsel, the compensation and
reimbursement of travel expenses of guardians ad litem acting
on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execu-
tion of penal sentences, and the compensation of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, as authorized by 28 U.S.C. 1875(d),
$267,217,000, to remain available until expended as authorized
by 18 U.S.C. 3006A(i): Provided, That none of the funds provided
in this Act shall be available for Death Penalty Resource Centers
or Post-Conviction Defender Organizations after April 1, 1996.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h));
$59,028,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title
5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for, incident
to the procurement, installation, and maintenance of security equip-
ment and protective services for the United States Courts in court-
rooms and adjacent areas, including building ingress-egress control,
inspection of packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial Improvement
and Access to Justice Act (Public Law 100–702); $102,000,000,
to be expended directly or transferred to the United States Marshals
Service which shall be responsible for administering elements of
the Judicial Security Program consistent with standards or guide-
lines agreed to by the Director of the Administrative Office of
the United States Courts and the Attorney General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
110 STAT. 1321–35 PUBLIC LAW 104–134—APR. 26, 1996
District of Columbia and elsewhere, $47,500,000, of which not to
exceed $7,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $17,914,000; of which $1,800,000
shall remain available through September 30, 1997, to provide
education and training to Federal court personnel; and of which
not to exceed $1,000 is authorized for official reception and represen-
tation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement Fund, as
authorized by 28 U.S.C. 377(o), $24,000,000, to the Judicial Survi-
vors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,000,000,
and to the United States Court of Federal Claims Judges’ Retire-
ment Fund, as authorized by 28 U.S.C. 178(l), $1,900,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $8,500,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Appropriations made in this title shall be available
for salaries and expenses of the Special Court established under
the Regional Rail Reorganization Act of 1973, Public Law 93–
236.
SEC. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appro-
priation, except ‘‘Courts of Appeals, District Courts, and other
Judicial Services, Defender Services’’, shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 304. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts of
appeals, and other judicial services shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $10,000 and shall be administered by the Director of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–36
the Administrative Office of the United States Courts in his capacity
as Secretary of the Judicial Conference.
SEC. 305. Section 333 of title 28, United States Code, is
amended—
(1) in the first paragraph by striking ‘‘shall’’ the first,
second, and fourth place it appears and inserting ‘‘may’’; and
(2) in the second paragraph—
(A) by striking ‘‘shall’’ the first place it appears and
inserting ‘‘may’’; and
(B) by striking ‘‘, and unless excused by the chief
judge, shall remain throughout the conference’’.
This title may be cited as ‘‘The Judiciary Appropriations Act,
1996’’.
TITLE IV—DEPARTMENT OF STATE AND RELATED Department of
AGENCIES State and
Related Agencies
Appropriations
DEPARTMENT OF STATE Act, 1996.
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including expenses
authorized by the State Department Basic Authorities Act of 1956,
as amended; representation to certain international organizations
in which the United States participates pursuant to treaties, ratified
pursuant to the advice and consent of the Senate, or specific Acts
of Congress; acquisition by exchange or purchase of passenger motor
vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and
22 U.S.C. 2674; and for expenses of general administration,
$1,708,800,000: Provided, That notwithstanding section 140(a)(5), 8 USC 1351 note.
and the second sentence of section 140(a)(3) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–
236), not to exceed $125,000,000 of fees may be collected during
fiscal year 1996 under the authority of section 140(a)(1) of that
Act: Provided further, That all fees collected under the preceding
proviso shall be deposited in fiscal year 1996 as an offsetting
collection to appropriations made under this heading to recover
the costs of providing consular services and shall remain available
until expended: Provided further, That starting in fiscal year 1997, 22 USC 2695b.
a system shall be in place that allocates to each department and
agency the full cost of its presence outside of the United States.
Of the funds provided under this heading, $24,856,000 shall
be available only for the Diplomatic Telecommunications Service
for operation of existing base services and not to exceed $17,144,000
shall be available only for the enhancement of the Diplomatic
Telecommunications Service and shall remain available until
expended. Of the latter amount, $2,500,000 shall not be made
available until expiration of the 15 day period beginning on the
date when the Secretary of State and the Director of the Diplomatic
Telecommunications Service submit the pilot program report
required by section 507 of Public Law 103–317.
In addition, not to exceed $700,000 in registration fees collected
pursuant to section 38 of the Arms Export Control Act, as amended,
may be used in accordance with section 45 of the State Department
Basic Authorities Act of 1956, 22 U.S.C. 2717; and in addition
110 STAT. 1321–37 PUBLIC LAW 104–134—APR. 26, 1996
not to exceed $1,223,000 shall be derived from fees from other
executive agencies for lease or use of facilities located at the Inter-
national Center in accordance with section 4 of the International
Center Act (Public Law 90–553, as amended by section 120 of
Public Law 101–246); and in addition not to exceed $15,000 which
shall be derived from reimbursements, surcharges, and fees for
use of Blair House facilities in accordance with section 46 of the
State of Department Basic Authorities Act of 1956 (22 U.S.C.
2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 per-
cent of the amounts made available in this Act in the appropriation
accounts, ‘‘Diplomatic and Consular Programs’’ and ‘‘Salaries and
Expenses’’ under the heading ‘‘Administration of Foreign Affairs’’
may be transferred between such appropriation accounts: Provided,
That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
For an additional amount for security enhancements to counter
the threat of terrorism, $9,720,000, to remain available until
expended.
SALARIES AND EXPENSES
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August
31, 1964, as amended (31 U.S.C. 3721), and the State Department
Basic Authorities Act of 1956, as amended, $363,276,000.
For an additional amount for security enhancements to counter
the threat of terrorism, $1,870,000, to remain available until
expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$16,400,000, to remain available until expended, as authorized in
Public Law 103–236: Provided, That section 135(e) of Public Law
103–236 shall not apply to funds appropriated under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App.), $27,369,000, notwithstanding section
209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465),
5 USC app. 11 as it relates to post inspections: Provided, That notwithstanding
note. any other provision of law, (1) the Office of the Inspector General
of the United States Information Agency is hereby merged with
the Office of the Inspector General of the Department of State;
(2) the functions exercised and assigned to the Office of the Inspector
General of the United States Information Agency before the effective
date of this Act (including all related functions) are transferred
to the Office of the Inspector General of the Department of State;
and (3) the Inspector General of the Department of State shall
also serve as the Inspector General of the United States Information
Agency.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–38
REPRESENTATION ALLOWANCES
For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085),
$4,500,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services in accord-
ance with the provisions of section 214 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208,
$8,579,000.
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292–300), and the
Diplomatic Security Construction Program as authorized by title
IV of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 (22 U.S.C. 4851), $385,760,000, to remain available until
expended as authorized by 22 U.S.C. 2696(c): Provided, That none
of the funds appropriated in this paragraph shall be available
for acquisition of furniture and furnishings and generators for other
departments and agencies.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service pursuant to the requirement of 31 U.S.C. 3526(e),
$6,000,000, to remain available until expended as authorized by
22 U.S.C. 2696(c), of which not to exceed $1,000,000 may be trans-
ferred to and merged with the Repatriation Loans Program Account,
subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $593,000, as authorized by 22
U.S.C. 2671: Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974. In addition, for administrative expenses
necessary to carry out the direct loan program, $183,000 which
may be transferred to and merged with the Salaries and Expenses
account under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96–8 (93 Stat. 14), $15,165,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $125,402,000.
110 STAT. 1321–39 PUBLIC LAW 104–134—APR. 26, 1996
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
22 USC 269a CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
note.
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$892,000,000: Provided, That any payment of arrearages shall be
directed toward special activities that are mutually agreed upon
by the United States and the respective international organization:
Provided further, That 20 percent of the funds appropriated in
this paragraph for the assessed contribution of the United States
to the United Nations shall be withheld from obligation and
expenditure until a certification is made under section 401(b) of
Public Law 103–236 for fiscal year 1996: Provided further, That
certification under section 401(b) of Public Law 103–236 for fiscal
year 1996 may only be made if the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on Appro-
priations and International Relations of the House of Representa-
tives are notified of the steps taken, and anticipated, to meet
the requirements of section 401(b) of Public Law 103–236 at least
15 days in advance of the proposed certification: Provided further,
That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made
known to the United States Government by such organization for
loans incurred on or after October 1, 1984, through external borrow-
ings: Provided further, That of the funds appropriated in this para-
graph, $80,000,000 may be made available only on a quarterly
basis and only after the Secretary of State certifies on a quarterly
basis that the United Nations has taken no action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget and
cause the United Nations to exceed its no growth budget for the
biennium 1996–1997 adopted in December, 1995.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $359,000,000:
Provided, That none of the funds made available under this Act
shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least fifteen days in
advance of voting for the new or expanded mission in the United
Nations Security Council (or in an emergency, as far in advance
as is practicable), (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appropriate
Committees of the Congress are notified of the estimated cost
and length of the mission, the vital national interest that will
be served, and the planned exit strategy; and (2) a reprogramming
of funds pursuant to section 605 of this Act is submitted, and
the procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for peace-
keeping expenses only upon a certification by the Secretary of
State to the appropriate committees of the Congress that American
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–40
manufacturers and suppliers are being given opportunities to pro-
vide equipment, services and material for United Nations peace-
keeping activities equal to those being given to foreign manufactur-
ers and suppliers.
INTERNATIONAL CONFERENCES AND CONTINGENCIES
For necessary expenses authorized by section 5 of the State
Department Basic Authorities Act of 1956, in addition to funds
otherwise available for these purposes, contributions for the United
States share of general expenses of international organizations and
conferences and representation to such organizations and con-
ferences as provided for by 22 U.S.C. 2656 and 2672 and personal
services without regard to civil service and classification laws as
authorized by 5 U.S.C. 5102, $3,000,000, to remain available until
expended as authorized by 22 U.S.C. 2696(c), of which not to exceed
$200,000 may be expended for representation as authorized by
22 U.S.C. 4085.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet 22 USC 269a
obligations of the United States arising under treaties, or specific note.
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as fol-
lows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$12,058,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $6,644,000, to remain available until expended as author-
ized by 22 U.S.C. 2696(c).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for the Inter-
national Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized
by Public Law 103–182; $5,800,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the Inter-
national Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $14,669,000: Pro-
vided, That the United States share of such expenses may be
110 STAT. 1321–41 PUBLIC LAW 104–134—APR. 26, 1996
advanced to the respective commissions, pursuant to 31 U.S.C.
3324.
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by section
501 of Public Law 101–246, $5,000,000, to remain available until
expended as authorized by 22 U.S.C. 2696(c).
RELATED AGENCIES
ARMS CONTROL AND DISARMAMENT AGENCY
ARMS CONTROL AND DISARMAMENT ACTIVITIES
For necessary expenses not otherwise provided, for arms con-
trol, nonproliferation, and disarmament activities, $38,700,000, of
which not to exceed $50,000 shall be for official reception and
representation expenses as authorized by the Act of September
26, 1961, as amended (22 U.S.C. 2551 et seq.).
UNITED STATES INFORMATION AGENCY
SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary to enable
the United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), the United States Information and Educational
Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.) and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out
international communication, educational and cultural activities;
and to carry out related activities authorized by law, including
employment, without regard to civil service and classification laws,
of persons on a temporary basis (not to exceed $700,000 of this
appropriation), as authorized by 22 U.S.C. 1471, and entertainment,
including official receptions, within the United States, not to exceed
$25,000 as authorized by 22 U.S.C. 1474(3); $445,645,000: Provided,
That not to exceed $1,400,000 may be used for representation
abroad as authorized by 22 U.S.C. 1452 and 4085: Provided further,
That not to exceed $7,615,000 to remain available until expended,
may be credited to this appropriation from fees or other payments
received from or in connection with English teaching, library, motion
pictures, and publication programs as authorized by section 810
of the United States Information and Educational Exchange Act
of 1948, as amended: Provided further, That not to exceed
$1,700,000 to remain available until expended may be used to
carry out projects involving security construction and related
improvements for agency facilities not physically located together
with Department of State facilities abroad.
TECHNOLOGY FUND
For expenses necessary to enable the United States Information
Agency to provide for the procurement of information technology
improvements, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431
et seq.), the Mutual Educational and Cultural Exchange Act of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–42
1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available
until expended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganiza-
tion Plan No. 2 of 1977 (91 Stat. 1636), $200,000,000, to remain
available until expended as authorized by 22 U.S.C. 2455.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–05), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 1996, to remain
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Non-
profit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program
as authorized by section 214 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest
and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 1996, to remain available until expended.
AMERICAN STUDIES COLLECTIONS ENDOWMENT FUND
For necessary expenses of American Studies Collections as
authorized by section 235 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995, all interest and earnings accruing
to the American Studies Collections Endowment Fund on or before
September 30, 1996, to remain available until expended.
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Edu-
cational Exchange Act of 1948, as amended, the United States
International Broadcasting Act of 1994, as amended, and Reorga-
nization Plan No. 2 of 1977, to carry out international communica-
tion activities; $325,191,000, of which $5,000,000 shall remain avail-
able until expended, not to exceed $16,000 may be used for official
receptions within the United States as authorized by 22 U.S.C.
1474(3), not to exceed $35,000 may be used for representation
abroad as authorized by 22 U.S.C. 1452 and 4085, and not to
exceed $39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition, not
to exceed $250,000 from fees as authorized by section 810 of the
110 STAT. 1321–43 PUBLIC LAW 104–134—APR. 26, 1996
United States Information and Educational Exchange Act of 1948,
as amended, to remain available until expended for carrying out
authorized purposes; and in addition, notwithstanding any other
provision of law, not to exceed $1,000,000 in monies received (includ-
ing receipts from advertising, if any) by or for the use of the
United States Information Agency from or in connection with broad-
casting resources owned by or on behalf of the Agency, to be
available until expended for carrying out authorized purposes.
BROADCASTING TO CUBA
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amend-
ed, the Television Broadcasting to Cuba Act, and the International
Broadcasting Act of 1994, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission
and reception, and purchase and installation of necessary equipment
for radio and television transmission and reception, $24,809,000
to remain available until expended: Provided, That not later than
April 1, 1996, the headquarters of the Office of Cuba Broadcasting
shall be relocated from Washington, D.C. to south Florida, and
that any funds available under the headings ‘‘International Broad-
casting Operations’’, ‘‘Broadcasting to Cuba’’, and ‘‘Radio Construc-
tion’’ may be available to carry out this relocation.
RADIO CONSTRUCTION
For an additional amount for the purchase, rent, construction,
and improvement of facilities for radio transmission and reception
and purchase and installation of necessary equipment for radio
and television transmission and reception as authorized by 22
U.S.C. 1471, $40,000,000, to remain available until expended as
authorized by 22 U.S.C. 1477b(a).
EAST-WEST CENTER
To enable the Director of the United States Information Agency
to provide for carrying out the provisions of the Center for Cultural
and Technical Interchange Between East and West Act of 1960
(22 U.S.C. 2054–2057), by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of
Hawaii, $11,750,000: Provided, That none of the funds appropriated
herein shall be used to pay any salary, or enter into any contract
providing for the payment thereof, in excess of the rate authorized
by 5 U.S.C. 5376.
NORTH/SOUTH CENTER
To enable the Director of the United States Information Agency
to provide for carrying out the provisions of the North/South Center
Act of 1991 (22 U.S.C. 2075), by grant to an educational institution
in Florida known as the North/South Center, $2,000,000, to remain
available until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the United States Information Agency
to the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $30,000,000, to remain
available until expended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–44
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED
AGENCIES
SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of 5 U.S.C.; for services as authorized
by 5 U.S.C. 3109; and hire of passenger transportation pursuant
to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the United States Informa-
tion Agency in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 403. Funds appropriated or otherwise made available
under this Act or any other Act may be expended for compensation
of the United States Commissioner of the International Boundary
Commission, United States and Canada, only for actual hours
worked by such Commissioner.
SEC. 404. (a) No later than 90 days after enactment of legisla-
tion consolidating, reorganizing or downsizing the functions of the
Department of State, the United States Information Agency, and
the Arms Control and Disarmament Agency, the Secretary of State,
the Director of the United States Information Agency and the
Director of the Arms Control and Disarmament Agency shall submit
to the Committees on Appropriations of the House and the Senate
a proposal for transferring or rescinding funds appropriated herein
for functions that are consolidated, reorganized or downsized under
such legislation: Provided, That such plan shall be transmitted
in accordance with section 605 of this Act.
(b) The Secretary of State, the Director of the United States
Information Agency, and the Director of the Arms Control and
Disarmament Agency, as appropriate, may use any available funds
to cover the costs of actions to consolidate, reorganize or downsize
the functions under their authority required by such legislation,
and of any related personnel action, including voluntary separation
incentives if authorized by such legislation: Provided, That the
authority to transfer funds between appropriations accounts that
may be necessary to carry out this section is provided in addition
to authorities included under section 402 of this Act: Provided
further, That use of funds to carry out this section shall be treated
as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in compli-
ance with the procedures set forth in that section.
SEC. 405. Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency,
and the Department of State may be obligated and expended not-
withstanding section 701 of the United States Information and
110 STAT. 1321–45 PUBLIC LAW 104–134—APR. 26, 1996
Educational Exchange Act of 1948 and section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, section
53 of the Arms Control and Disarmament Act, and section 15
of the State Department Basic Authorities Act of 1956.
SEC. 406. Section 36(a)(1) of the State Department Authorities
Act of 1956, as amended (22 U.S.C. 2708), is amended to delete
‘‘may pay a reward’’ and insert in lieu thereof ‘‘shall establish
and publicize a program under which rewards may be paid’’.
SEC. 407. Sections 6(a) and 6(b) of Public Law 101–454 are
20 USC 5205. repealed. In addition, notwithstanding any other provision of law,
20 USC 5203 Eisenhower Exchange Fellowships, Incorporated, may use one-third
note.
of any earned but unused trust income from the period 1992 through
1995 for Fellowship purposes in each of fiscal years 1996 through
1998.
SEC. 408. It is the sense of the Senate that none of the funds
appropriated or otherwise made available pursuant to this Act
should be used for the deployment of combat-equipped forces of
the Armed Forces of the United States for any ground operations
in Bosnia and Herzegovina unless—
(1) Congress approves in advance the deployment of such
forces of the Armed Forces; or
(2) the temporary deployment of such forces of the Armed
Forces of the United States into Bosnia and Herzegovina is
necessary to evacuate United Nations peacekeeping forces from
a situation of imminent danger, to undertake emergency air
rescue operations, or to provide for the airborne delivery of
humanitarian supplies, and the President reports as soon as
practicable to Congress after the initiation of the temporary
deployment, but in no case later than 48 hours after the initi-
ation of the deployment.
SEC. 409. Any costs incurred by a Department or agency funded
under this title resulting from personnel actions taken in response
to funding reductions included in this title shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
provision is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 410. Section 235 of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101–246) is amended
by inserting ‘‘Tinian,’’ after ‘‘Sao Tome,’’.
SEC. 411. The appropriation for the Arms Control and Disar-
mament Agency in Public Law 103–317 (108 Stat. 1768) is amended
by deleting after ‘‘until expended’’ the following: ‘‘only for activities
related to the implementation of the Chemical Weapons Conven-
tion’’: Provided, That amounts made available shall not be used
to undertake new programs or to increase employment above levels
on board at the time of enactment of this Act.
This title may be cited as the ‘‘Department of State and Related
Agencies Appropriations Act, 1996’’.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–46
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operating-differen-
tial subsidies as authorized by the Merchant Marine Act, 1936,
as amended, $162,610,000, to remain available until expended.
MARITIME NATIONAL SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States as determined by the Secretary of Defense in consultation
with the Secretary of Transportation, $46,000,000, to remain avail-
able until expended: Provided, That these funds will be available
only upon enactment of an authorization for this program.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $66,600,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, the
Secretary of Transportation may use proceeds derived from the
sale or disposal of National Defense Reserve Fleet vessels that
are currently collected and retained by the Maritime Administra-
tion, to be used for facility and ship maintenance, modernization
and repair, conversion, acquisition of equipment, and fuel costs
necessary to maintain training at the United States Merchant
Marine Academy and State maritime academies and may be trans-
ferred to the Secretary of the Interior for use as provided in the
National Maritime Heritage Act (Public Law 103–451): Provided
further, That reimbursements may be made to this appropriation
from receipts to the ‘‘Federal Ship Financing Fund’’ for administra-
tive expenses in support of that program in addition to any amount
heretofore appropriated.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act of 1936, $40,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,500,000, which shall
be transferred to and merged with the appropriation for Operations
and Training.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and
110 STAT. 1321–47 PUBLIC LAW 104–134—APR. 26, 1996
make necessary repairs in connection with any lease, contract,
or occupancy involving Government property under control of the
Maritime Administration, and payments received therefor shall be
credited to the appropriation charged with the cost thereof: Pro-
vided, That rental payments under any such lease, contract, or
occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine
Act, 1936, or otherwise, in excess of the appropriations and limita-
tions contained in this Act or in any prior appropriation Act, and
all receipts which otherwise would be deposited to the credit of
said fund shall be covered into the Treasury as miscellaneous
receipts.
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE
ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of Ameri-
ca’s Heritage Abroad, $206,000, as authorized by Public Law 99–
83, section 1303.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,750,000: Provided,
That not to exceed $50,000 may be used to employ consultants:
Provided further, That none of the funds appropriated in this para-
graph shall be used to employ in excess of four full-time individuals
under Schedule C of the Excepted Service exclusive of one special
assistant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the exception
of the Chairperson who is permitted 125 billable days.
COMMISSION ON IMMIGRATION REFORM
SALARIES AND EXPENSES
For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f) of the Immigration Act of 1990,
$1,894,000, to remain available until expended.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$1,090,000, to remain available until expended as authorized by
section 3 of Public Law 99–7.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–48
COMPETITIVENESS POLICY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the Competitiveness Policy Council,
$50,000: Provided, That this shall be the final Federal payment
to the Competitiveness Policy Council.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621–634), the Americans
with Disabilities Act of 1990 and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary
awards to private citizens; not to exceed $26,500,000, for payments
to State and local enforcement agencies for services to the Commis-
sion pursuant to title VII of the Civil Rights Act of 1964, as
amended, sections 6 and 14 of the Age Discrimination in Employ-
ment Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991; $233,000,000: Provided, That the Commis-
sion is authorized to make available for official reception and rep-
resentation expenses not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901–02; not to exceed
$600,000 for land and structure; not to exceed $500,000 for improve-
ment and care of grounds and repair to buildings; not to exceed
$4,000 for official reception and representation expenses; purchase
(not to exceed sixteen) and hire of motor vehicles; special counsel
fees; and services as authorized by 5 U.S.C. 3109; $185,709,000,
of which not to exceed $300,000 shall remain available until Septem-
ber 30, 1997, for research and policy studies: Provided, That
$126,400,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall
be reduced as such offsetting collections are received during fiscal
year 1996 so as to result in a final fiscal year 1996 appropriation
estimated at $59,309,000: Provided further, That any offsetting
collections received in excess of $126,400,000 in fiscal year 1996
shall remain available until expended, but shall not be available
for obligation until October 1, 1996: Provided further, That the
Commission shall amend its schedule of regulatory fees set forth
in section 1.1153 of title 47, CFR, authorized by section 9 of title
I of the Communications Act of 1934, as amended by: (1) striking
‘‘$22,420’’ in the Annual Regulatory Fee column for VHF Commer-
cial Markets 1 through 10 and inserting ‘‘$32,000’’; (2) striking
‘‘$19,925’’ in the Annual Regulatory Fee column for VHF Commer-
cial Markets 11 through 25 and inserting ‘‘$26,000’’; (3) striking
110 STAT. 1321–49 PUBLIC LAW 104–134—APR. 26, 1996
‘‘$14,950’’ in the Annual Regulatory Fee column for VHF Commer-
cial Markets 26 through 50 and inserting ‘‘$17,000’’; (4) striking
‘‘$9,975’’ in the Annual Regulatory Fee column for VHF Commercial
Markets 51 through 100 and inserting ‘‘$9,000’’; (5) striking ‘‘$6,225’’
in the Annual Regulatory Fee column for VHF Commercial Remain-
ing Markets and inserting ‘‘$2,500’’; and (6) striking ‘‘$17,925’’ in
the Annual Regulatory Fee column for UHF Commercial Markets
1 through 10 and inserting ‘‘$25,000’’; (7) striking ‘‘$15,950’’ in
the Annual Regulatory Fee column for UHF Commercial Markets
11 through 25 and inserting ‘‘$20,000’’; (8) striking ‘‘$11,950’’ in
the Annual Regulatory Fee column for UHF Commercial Markets
26 through 50 and inserting ‘‘$13,000’’; (9) striking ‘‘$7,975’’ in
the Annual Regulatory Fee column for UHF Commercial Markets
51 through 100 and inserting ‘‘$7,000’’; and (10) striking ‘‘$4,975’’
in the Annual Regulatory Fee column for UHF Commercial Remain-
ing Markets and inserting ‘‘$2,000’’: Provided further, That the
Federal Communications Commission shall, not later than 30 days
after receipt of a petition by WQED, Pittsburgh, determine, without
conducting a rulemaking or other proceeding, whether to amend
section 73.606 of Title 47, Code of Federal Regulations, by deleting
the asterisk for the channel operating on 482–488 MHz in Pitts-
burgh, Pennsylvania, based on the public interest, the existing
common ownership of two non-commercial broadcasting stations
in Pittsburgh, the financial distress of the licensee, and the threat
to the public of losing or impairing local public broadcasting service
in the area: Provided further, That the Federal Communications
Commission may solicit such comments as it deems necessary in
making this determination: Provided further, That a 1 part of the
determination, the Federal Communications Commission shall not
be required, notwithstanding any other provision of law, to open
the channel to general application, and may determine that the
license therefor may be assigned by the licensee, subject to prompt
approval of the proposed assignee by the Federal Communications
Commission, and that the proceeds of the initial assignment of
the license for such channel, or any portion thereof, shall be used
solely in furtherance of noncommercial broadcast operations, or
for such other purpose as the Federal Communications Commission
may determine appropriate.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act of
1936, as amended (46 App. U.S.C. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901–02; $14,855,000: Provided,
That not to exceed $2,000 shall be available for official reception
and representation expenses.
1 Missing text, probably ‘‘as’’.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–50
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses; $79,568,000: Provided, That not to
exceed $300,000 shall be available for use to contract with a person
or persons for collection services in accordance with the terms
of 31 U.S.C. 3718, as amended: Provided further, That notwithstand-
ing any other provision of law, not to exceed $48,262,000 of offset-
ting collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the General Fund shall be reduced as such offsetting collections
are received during fiscal year 1996, so as to result in a final
fiscal year 1996 appropriation from the General Fund estimated
at not more than $31,306,000, to remain available until expended:
Provided further, That any fees received in excess of $48,262,000
in fiscal year 1996 shall remain available until expended, but shall
not be available for obligation until October 1, 1996: Provided
further, That none of the funds made available to the Federal
Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corpora-
tion Improvement Act of 1991 (Public Law 102–242, 105 Stat.
2282–2285).
JAPAN-UNITED STATES FRIENDSHIP COMMISSION
JAPAN-UNITED STATES FRIENDSHIP TRUST FUND
For expenses of the Japan-United States Friendship Commis-
sion, as authorized by Public Law 94–118, as amended, from the
interest earned on the Japan-United States Friendship Trust Fund,
$1,247,000; and an amount of Japanese currency not to exceed
the equivalent of $1,420,000 based on exchange rates at the time
of payment of such amounts as authorized by Public Law 94–
118.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $278,000,000, of which $269,400,000 is for basic field
programs and required independent audits carried out in accordance
with section 509; $1,500,000 is for the Office of the Inspector Gen-
eral, of which such amounts as may be necessary may be used
to conduct additional audits of recipients in accordance with section
509 of this Act; and $7,100,000 is for management and administra-
tion: Provided, That $198,750,000 of the total amount provided
under this heading for basic field programs shall not be available
except for the competitive award of grants and contracts under
section 503 of this Act.
110 STAT. 1321–51 PUBLIC LAW 104–134—APR. 26, 1996
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION
SEC. 501. (a) Funds appropriated under this Act to the Legal
Services Corporation for basic field programs shall be distributed
as follows:
(1) The Corporation shall define geographic areas and make
the funds available for each geographic area on a per capita
basis relative to the number of individuals in poverty deter-
mined by the Bureau of the Census to be within the geographic
area, except as provided in paragraph (2)(B). Funds for such
a geographic area may be distributed by the Corporation to
1 or more persons or entities eligible for funding under section
1006(a)(1)(A) of the Legal Services Corporation Act (42 U.S.C.
2996e(a)(1)(A)), subject to sections 502 and 504.
(2) Funds for grants from the Corporation, and contracts
entered into by the Corporation for basic field programs, shall
be allocated so as to provide—
(A) except as provided in subparagraph (B), an equal
figure per individual in poverty for all geographic areas,
as determined on the basis of the most recent decennial
census of population conducted pursuant to section 141
of title 13, United States Code (or, in the case of the
Republic of Palau, the Federated States of Micronesia,
the Republic of the Marshall Islands, Alaska, Hawaii, and
the United States Virgin Islands, on the basis of the
adjusted population counts historically used as the basis
for such determinations); and
(B) an additional amount for Native American commu-
nities that received assistance under the Legal Services
Corporation Act for fiscal year 1995, so that the proportion
of the funds appropriated to the Legal Services Corporation
for basic field programs for fiscal year 1996 that is received
by the Native American communities shall be not less
than the proportion of such funds appropriated for fiscal
year 1995 that was received by the Native American
communities.
(b) As used in this section:
(1) The term ‘‘individual in poverty’’ means an individual
who is a member of a family (of 1 or more members) with
an income at or below the poverty line.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to
a family of the size involved.
SEC. 502. None of the funds appropriated in this Act to the
Legal Services Corporation shall be used by the Corporation to
make a grant, or enter into a contract, for the provision of legal
assistance unless the Corporation ensures that the person or entity
receiving funding to provide such legal assistance is—
(1) a private attorney admitted to practice in a State or
the District of Columbia;
(2) a qualified nonprofit organization, chartered under the
laws of a State or the District of Columbia, that—
(A) furnishes legal assistance to eligible clients; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–52
(B) is governed by a board of directors or other govern-
ing body, the majority of which is comprised of attorneys
who—
(i) are admitted to practice in a State or the Dis-
trict of Columbia; and
(ii) are appointed to terms of office on such board
or body by the governing body of a State, county,
or municipal bar association, the membership of which
represents a majority of the attorneys practicing law
in the locality in which the organization is to provide
legal assistance;
(3) a State or local government (without regard to section
1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42
U.S.C. 2996e(a)(1)(A)(ii)); or
(4) a substate regional planning or coordination agency
that serves a substate area and whose governing board is
controlled by locally elected officials.
SEC. 503. (a)(1) Not later than April 1, 1996, the Legal Services
Corporation shall implement a system of competitive awards of
grants and contracts for all basic field programs, which shall apply
to all such grants and contracts awarded by the Corporation after
March 31, 1996, from funds appropriated in this Act.
(2) Any grant or contract awarded before April 1, 1996, by
the Legal Services Corporation to a basic field program for 1996—
(A) shall not be for an amount greater than the amount
required for the period ending March 31, 1996;
(B) shall terminate at the end of such period; and
(C) shall not be renewable except in accordance with the
system implemented under paragraph (1).
(3) The amount of grants and contracts awarded before April
1, 1996, by the Legal Services Corporation for basic field programs
for 1996 in any geographic area described in section 501 shall
not exceed an amount equal to 3⁄12 of the total amount to be
distributed for such programs for 1996 in such area.
(b) Not later than 60 days after the date of enactment of Regulations.
this Act, the Legal Services Corporation shall promulgate regula-
tions to implement a competitive selection process for the recipients
of such grants and contracts.
(c) Such regulations shall specify selection criteria for the recipi-
ents, which shall include—
(1) a demonstration of a full understanding of the basic
legal needs of the eligible clients to be served and a demonstra-
tion of the capability of serving the needs;
(2) the quality, feasibility, and cost effectiveness of a plan
submitted by an applicant for the delivery of legal assistance
to the eligible clients to be served; and
(3) the experience of the Legal Services Corporation with
the applicant, if the applicant has previously received financial
assistance from the Corporation, including the record of the
applicant of past compliance with Corporation policies, prac-
tices, and restrictions.
(d) Such regulations shall ensure that timely notice regarding Publication.
an opportunity to submit an application for such an award is
published in periodicals of local and State bar associations and
in at least 1 daily newspaper of general circulation in the area
to be served by the person or entity receiving the award.
110 STAT. 1321–53 PUBLIC LAW 104–134—APR. 26, 1996
(e) No person or entity that was previously awarded a grant
or contract by the Legal Services Corporation for the provision
of legal assistance may be given any preference in the competitive
selection process.
(f) For the purposes of the funding provided in this Act, rights
under sections 1007(a)(9) and 1011 of the Legal Services Corpora-
tion Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not
apply.
SEC. 504. (a) None of the funds appropriated in this Act to
the Legal Services Corporation may be used to provide financial
assistance to any person or entity (which may be referred to in
this section as a ‘‘recipient’’)—
(1) that makes available any funds, personnel, or equip-
ment for use in advocating or opposing any plan or proposal,
or represents any party or participates in any other way in
litigation, that is intended to or has the effect of altering,
revising, or reapportioning a legislative, judicial, or elective
district at any level of government, including influencing the
timing or manner of the taking of a census;
(2) that attempts to influence the issuance, amendment,
or revocation of any executive order, regulation, or other state-
ment of general applicability and future effect by any Federal,
State, or local agency;
(3) that attempts to influence any part of any adjudicatory
proceeding of any Federal, State, or local agency if such part
of the proceeding is designed for the formulation or modification
of any agency policy of general applicability and future effect;
(4) that attempts to influence the passage or defeat of
any legislation, constitutional amendment, referendum, initia-
tive, or any similar procedure of the Congress or a State or
local legislative body;
(5) that attempts to influence the conduct of oversight
proceedings of the Corporation or any person or entity receiving
financial assistance provided by the Corporation;
(6) that pays for any personal service, advertisement, tele-
gram, telephone communication, letter, printed or written mat-
ter, administrative expense, or related expense, associated with
an activity prohibited in this section;
(7) that initiates or participates in a class action suit;
(8) that files a complaint or otherwise initiates or partici-
pates in litigation against a defendant, or engages in a
precomplaint settlement negotiation with a prospective defend-
ant, unless—
(A) each plaintiff has been specifically identified, by
name, in any complaint filed for purposes of such litigation
or prior to the precomplaint settlement negotiation; and
(B) a statement or statements of facts written in Eng-
lish and, if necessary, in a language that the plaintiffs
understand, that enumerate the particular facts known
to the plaintiffs on which the complaint is based, have
been signed by the plaintiffs, are kept on file by the recipi-
ent, and are made available to any Federal department
or agency that is auditing or monitoring the activities
of the Corporation or of the recipient, and to any auditor
or monitor receiving Federal funds to conduct such auditing
or monitoring, including any auditor or monitor of the
Corporation:
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–54
Provided, That upon establishment of reasonable cause that
an injunction is necessary to prevent probable, serious harm
to such potential plaintiff, a court of competent jurisdiction
may enjoin the disclosure of the identity of any potential plain-
tiff pending the outcome of such litigation or negotiations after
notice and an opportunity for a hearing is provided to potential
parties to the litigation or the negotiations: Provided further,
That other parties to the litigation or negotiation shall have
access to the statement of facts referred to in subparagraph
(B) only through the discovery process after litigation has
begun;
(9) unless—
(A) prior to the provision of financial assistance—
(i) if the person or entity is a nonprofit organiza-
tion, the governing board of the person or entity has
set specific priorities in writing, pursuant to section
1007(a)(2)(C)(i) of the Legal Services Corporation Act
(42 U.S.C. 2996f(a)(2)(C)(i)), of the types of matters
and cases to which the staff of the nonprofit organiza-
tion shall devote time and resources; and
(ii) the staff of such person or entity has signed
a written agreement not to undertake cases or matters
other than in accordance with the specific priorities
set by such governing board, except in emergency situa-
tions defined by such board and in accordance with
the written procedures of such board for such situa-
tions; and
(B) the staff of such person or entity provides to the
governing board on a quarterly basis, and to the Corpora-
tion on an annual basis, information on all cases or matters
undertaken other than cases or matters undertaken in
accordance with such priorities;
(10) unless—
(A) prior to receiving the financial assistance, such
person or entity agrees to maintain records of time spent
on each case or matter with respect to which the person
or entity is engaged;
(B) any funds, including Interest on Lawyers Trust
Account funds, received from a source other than the Cor-
poration by the person or entity, and disbursements of
such funds, are accounted for and reported as receipts
and disbursements, respectively, separate and distinct from
Corporation funds; and
(C) the person or entity agrees (notwithstanding section
1006(b)(3) of the Legal Services Corporation Act (42 U.S.C.
2996e(b)(3)) to make the records described in this para-
graph available to any Federal department or agency that
is auditing or monitoring the activities of the Corporation
or of the recipient, and to any independent auditor or
monitor receiving Federal funds to conduct such auditing
or monitoring, including any auditor or monitor of the
Corporation;
(11) that provides legal assistance for or on behalf of any
alien, unless the alien is present in the United States and
is—
110 STAT. 1321–55 PUBLIC LAW 104–134—APR. 26, 1996
(A) an alien lawfully admitted for permanent residence
as defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20));
(B) an alien who—
(i) is married to a United States citizen or is a
parent or an unmarried child under the age of 21
years of such a citizen; and
(ii) has filed an application to adjust the status
of the alien to the status of a lawful permanent resident
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), which application has not been rejected;
(C) an alien who is lawfully present in the United
States pursuant to an admission under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) (relating
to refugee admission) or who has been granted asylum
by the Attorney General under such Act;
(D) an alien who is lawfully present in the United
States as a result of withholding of deportation by the
Attorney General pursuant to section 243(h) of the
Immigration and Nationality Act (8 U.S.C. 1253(h));
(E) an alien to whom section 305 of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1101 note)
applies, but only to the extent that the legal assistance
provided is the legal assistance described in such section;
or
(F) an alien who is lawfully present in the United
States as a result of being granted conditional entry to
the United States before April 1, 1980, pursuant to section
203(a)(7) of the Immigration and Nationality Act (8 U.S.C.
1153(a)(7)), as in effect on March 31, 1980, because of
persecution or fear of persecution on account of race, reli-
gion, or political calamity;
(12) that supports or conducts a training program for the
purpose of advocating a particular public policy or encouraging
a political activity, a labor or antilabor activity, a boycott,
picketing, a strike, or a demonstration, including the dissemina-
tion of information about such a policy or activity, except that
this paragraph shall not be construed to prohibit the provision
of training to an attorney or a paralegal to prepare the attorney
or paralegal to provide—
(A) adequate legal assistance to eligible clients; or
(B) advice to any eligible client as to the legal rights
of the client;
(13) that claims (or whose employee claims), or collects
and retains, attorneys’ fees pursuant to any Federal or State
law permitting or requiring the awarding of such fees;
(14) that participates in any litigation with respect to abor-
tion;
(15) that participates in any litigation on behalf of a person
incarcerated in a Federal, State, or local prison;
(16) that initiates legal representation or participates in
any other way, in litigation, lobbying, or rulemaking, involving
an effort to reform a Federal or State welfare system, except
that this paragraph shall not be construed to preclude a recipi-
ent from representing an individual eligible client who is seek-
ing specific relief from a welfare agency if such relief does
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–56
not involve an effort to amend or otherwise challenge existing
law in effect on the date of the initiation of the representation;
(17) that defends a person in a proceeding to evict the Public housing.
person from a public housing project if—
(A) the person has been charged with the illegal sale
or distribution of a controlled substance; and
(B) the eviction proceeding is brought by a public hous-
ing agency because the illegal drug activity of the person
threatens the health or safety of another tenant residing
in the public housing project or employee of the public
housing agency;
(18) unless such person or entity agrees that the person
or entity, and the employees of the person or entity, will not
accept employment resulting from in-person unsolicited advice
to a nonattorney that such nonattorney should obtain counsel
or take legal action, and will not refer such nonattorney to
another person or entity or an employee of the person or entity,
that is receiving financial assistance provided by the Corpora-
tion; or
(19) unless such person or entity enters into a contractual
agreement to be subject to all provisions of Federal law relating
to the proper use of Federal funds, the violation of which
shall render any grant or contractual agreement to provide
funding null and void, and, for such purposes, the Corporation
shall be considered to be a Federal agency and all funds pro-
vided by the Corporation shall be considered to be Federal
funds provided by grant or contract.
(b) Nothing in this section shall be construed to prohibit a
recipient from using funds from a source other than the Legal
Services Corporation for the purpose of contacting, communicating
with, or responding to a request from, a State or local government
agency, a State or local legislative body or committee, or a member
thereof, regarding funding for the recipient, including a pending
or proposed legislative or agency proposal to fund such recipient.
(c) Not later than 30 days after the date of enactment of
this Act, the Legal Services Corporation shall promulgate a sug-
gested list of priorities that boards of directors may use in setting
priorities under subsection (a)(9).
(d)(1) The Legal Services Corporation shall not accept any
non-Federal funds, and no recipient shall accept funds from any
source other than the Corporation, unless the Corporation or the
recipient, as the case may be, notifies in writing the source of
the funds that the funds may not be expended for any purpose
prohibited by the Legal Services Corporation Act or this title.
(2) Paragraph (1) shall not prevent a recipient from—
(A) receiving Indian tribal funds (including funds from
private nonprofit organizations for the benefit of Indians or
Indian tribes) and expending the tribal funds in accordance
with the specific purposes for which the tribal funds are pro-
vided; or
(B) using funds received from a source other than the
Legal Services Corporation to provide legal assistance to a
covered individual if such funds are used for the specific pur-
poses for which such funds were received, except that such
funds may not be expended by recipients for any purpose
prohibited by this Act or by the Legal Services Corporation
Act.
110 STAT. 1321–57 PUBLIC LAW 104–134—APR. 26, 1996
(e) Nothing in this section shall be construed to prohibit a
recipient from using funds derived from a source other than the
Legal Services Corporation to comment on public rulemaking or
to respond to a written request for information or testimony from
a Federal, State or local agency, legislative body or committee,
or a member of such an agency, body, or committee, so long as
the response is made only to the parties that make the request
and the recipient does not arrange for the request to be made.
(f) As used in this section:
(1) The term ‘‘controlled substance’’ has the meaning given
the term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
(2) The term ‘‘covered individual’’ means any person who—
(A) except as provided in subparagraph (B), meets
the requirements of this Act and the Legal Services Cor-
poration Act relating to eligibility for legal assistance; and
(B) may or may not be financially unable to afford
legal assistance.
(3) The term ‘‘public housing project’’ has the meaning
as used within, and the term ‘‘public housing agency’’ has
the meaning given the term, in section 3 of the United States
Housing Act of 1937 (42 U.S.C. 1437a).
SEC. 505. None of the funds appropriated in this Act to the
Legal Services Corporation or provided by the Corporation to any
entity or person may be used to pay membership dues to any
private or nonprofit organization.
SEC. 506. None of the funds appropriated in this Act to the
Legal Services Corporation may be used by any person or entity
receiving financial assistance from the Corporation to file or pursue
a lawsuit against the Corporation.
SEC. 507. None of the funds appropriated in this Act to the
Legal Services Corporation may be used for any purpose prohibited
or contrary to any of the provisions of authorization legislation
for fiscal year 1996 for the Legal Services Corporation that is
enacted into law. Upon the enactment of such Legal Services Cor-
poration reauthorization legislation, funding provided in this Act
shall from that date be subject to the provisions of that legislation
and any provisions in this Act that are inconsistent with that
legislation shall no longer have effect.
SEC. 508. (a) The requirements of section 504 shall apply to
the activities of a recipient described in section 504, or an employee
of such a recipient, during the provision of legal assistance for
a case or matter, if the recipient or employee begins to provide
the legal assistance on or after the date of enactment of this
Act.
(b) If the recipient or employee began to provide legal assistance
for the case or matter prior to the date of enactment of this Act—
(1) each of the requirements of section 504 (other than
paragraphs (7), (11), (13), and (15) of subsection (a) of such
section) shall, beginning on the date of enactment of this Act,
apply to the activities of the recipient or employee during
the provision of legal assistance for the case or matter;
(2) the requirements of paragraphs (7), (11), and (15) of
section 504(a) shall apply—
(A) beginning on the date of enactment of this Act,
to the activities of the recipient or employee during the
provision of legal assistance for any additional related claim
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–58
for which the recipient or employee begins to provide legal
assistance on or after such date; and
(B) beginning August 1, 1996, to all other activities
of the recipient or employee during the provision of legal
assistance for the case or matter; and
(3) the requirements of paragraph (13) of section 504(a)—
(A) shall apply beginning on the date of enactment
of this Act to the activities of the recipient or employee
during the provision of legal assistance for any additional
related claim for which the recipient or employee begins
to provide legal assistance on or after such date; and
(B) shall not apply to all other activities of the recipient
or employee during the provision of legal assistance for
the case or matter.
(c) The Legal Services Corporation shall, every 60 days, submit Reports.
to the Committees on Appropriations of the Senate and House
of Representatives a report setting forth the status of cases and
matters referred to in subsection (b)(2).
SEC. 509. (a) An audit of each person or entity receiving finan- Audits.
cial assistance from the Legal Services Corporation under this
Act (referred to in this section as a ‘‘recipient’’) shall be conducted
in accordance with generally accepted government auditing stand-
ards and guidance established by the Office of the Inspector General
and shall report whether—
(1) the financial statements of the recipient present fairly
its financial position and the results of its financial operations
in accordance with generally accepted accounting principles;
(2) the recipient has internal control systems to provide
reasonable assurance that it is managing funds, regardless
of source, in compliance with Federal laws and regulations;
and
(3) the recipient has complied with Federal laws and regu-
lations applicable to funds received, regardless of source.
(b) In carrying out the requirements of subsection (a)(3), the
auditor shall select and test a representative number of transactions
and report all instances of noncompliance to the recipient. The
recipient shall report in writing any noncompliance found by the
auditor during the audit under this section within 5 business days
to the Office of the Inspector General and shall provide a copy
of the report simultaneously to the auditor. If the recipient fails
to report the noncompliance, the auditor shall report the noncompli-
ance directly to the Office of the Inspector General within 5 business
days of the recipient’s failure to report. The auditor shall not
be liable in a private action for any finding, conclusion, or statement
expressed in a report made pursuant to this section.
(c) The audits required under this section shall be provided
for by the recipients and performed by independent public account-
ants. The cost of such audits shall be shared on a pro rata basis
among all of the recipient’s funding providers and the appropriate
share shall be an allowable charge to the Federal funds provided
by the Legal Services Corporation. No audit costs may be charged
to the Federal funds when the audit required by this section has
not been made in accordance with the guidance promulgated by
the Office of the Inspector General.
If the recipient fails to have an acceptable audit in accordance
with the guidance promulgated by the Office of the Inspector Gen-
110 STAT. 1321–59 PUBLIC LAW 104–134—APR. 26, 1996
eral, the following sanctions shall be available to the Corporation
as recommended by the Office of the Inspector General:
(1) The withholding of a percentage of the recipient’s fund-
ing until the audit is completed satisfactorily.
(2) The suspension of recipient’s funding until an acceptable
audit is completed.
(d) The Office of the Inspector General may remove, suspend,
or bar an independent public accountant, upon a showing of good
cause, from performing audit services required by this section.
Any such action to remove, suspend, or bar an auditor shall be
only after notice to the auditor and an opportunity for hearing.
The Office of the Inspector General shall develop and issue rules
of practice to implement this paragraph.
(e) Any independent public accountant performing an audit
under this section who subsequently ceases to be the accountant
for the recipient shall promptly notify the Office of the Inspector
General pursuant to such rules as the Office of the Inspector Gen-
eral shall prescribe.
(f) Audits conducted in accordance with this section shall be
in lieu of the financial audits otherwise required by section 1009(c)
of the Legal Services Corporation Act (42 U.S.C. 2996h(c)).
(g) The Office of the Inspector General is authorized to conduct
on-site monitoring, audits, and inspections in accordance with Fed-
eral standards.
(h) Notwithstanding section 1006(b)(3) of the Legal Services
Corporation Act (42 U.S.C. 2996e(b)(3)), financial records, time
records, retainer agreements, client trust fund and eligibility
records, and client names, for each recipient shall be made available
to any auditor or monitor of the recipient, including any Federal
department or agency that is auditing or monitoring the activities
of the Corporation or of the recipient, and any independent auditor
or monitor receiving Federal funds to conduct such auditing or
monitoring, including any auditor or monitor of the Corporation,
except for reports or records subject to the attorney-client privilege.
(i) The Legal Services Corporation shall not disclose any name
or document referred to in subsection (h), except to—
(1) a Federal, State, or local law enforcement official; or
(2) an official of an appropriate bar association for the
purpose of enabling the official to conduct an investigation
of a rule of professional conduct.
(j) The recipient management shall be responsible for expedi-
tiously resolving all reported audit reportable conditions, findings,
and recommendations, including those of sub-recipients.
(k) The Legal Services Corporation shall—
(1) follow up on significant reportable conditions, findings,
and recommendations found by the independent public account-
ants and reported to Corporation management by the Office
of the Inspector General to ensure that instances of deficiencies
and noncompliance are resolved in a timely manner, and
(2) Develop procedures to ensure effective follow-up that
meet at a minimum the requirements of Office of Management
and Budget Circular Number A–50.
(l) The requirements of this section shall apply to a recipient
for its first fiscal year beginning on or after January 1, 1996.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–60
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of Public Law 92–522, as amended,
$1,190,000.
MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Martin Luther King, Jr. Federal Termination.
Holiday Commission, as authorized by Public Law 98–399, as
amended, $350,000: Provided, That this shall be the final Federal
payment to the Martin Luther King, Jr. Federal Holiday Commis-
sion for operations and necessary closing costs.
OUNCE OF PREVENTION COUNCIL
For activities authorized by sections 30101 and 30102 of Public
Law 103–322 (including administrative costs), $1,500,000, to remain
available until expended, for the Ounce of Prevention Grant Pro-
gram: Provided, That the Council may accept and use gifts and
donations, both real and personal, for the purpose of aiding or
facilitating the authorized activities of the Council, of which not
to exceed $5,000 may be used for official reception and representa-
tion expenses.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,000 for official
reception and representation expenses, $287,738,000, of which
$3,000,000 is for the Office of Economic Analysis, to be headed
by the Chief Economist of the Commission, and of which not to
exceed $10,000 may be used toward funding a permanent secretariat
for the International Organization of Securities Commissions, and
of which not to exceed $100,000 shall be available for expenses
for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of
their delegations, appropriate representatives and staff to exchange
views concerning developments relating to securities matters, devel-
opment and implementation of cooperation agreements concerning
securities matters and provision of technical assistance for the
development of foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the expenses
of Commission staff and foreign invitees in attendance at such
consultations and meetings including: (i) such incidental expenses
as meals taken in the course of such attendance, (ii) any travel
and transportation to or from such meetings, and (iii) any other
related lodging or subsistence: Provided, That immediately upon 15 USC 77f note.
enactment of this Act, the rate of fees under section 6(b) of the
Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from one-
fiftieth of one percentum to one-twenty-ninth of one percentum,
110 STAT. 1321–61 PUBLIC LAW 104–134—APR. 26, 1996
and such increase shall be deposited as an offsetting collection
to this appropriation, to remain available until expended, to recover
costs of services of the securities registration process: Provided
further, That the total amount appropriated for fiscal year 1996
under this heading shall be reduced as such fees are deposited
to this appropriation so as to result in a final total fiscal year
1996 appropriation from the General Fund estimated at not more
than $103,445,000: Provided further, That any such fees collected
in excess of $184,293,000 shall remain available until expended
but shall not be available for obligation until October 1, 1996:
Provided further, That $1,000,000 of the funds appropriated for
the Commission shall be available for the enforcement of the Invest-
ment Advisers Act of 1940 in addition to any other appropriated
funds designated by the Commission for enforcement of such Act.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103–403,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $219,190,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan servicing activities: Provided further, That notwith-
standing 31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to be available for carrying out
these purposes without further appropriations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App. 1–11 as amended by Public Law 100–
504), $8,500,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $4,500,000, and for the cost of
guaranteed loans, $156,226,000, as authorized by 15 U.S.C. 631
note, of which $1,216,000, to be available until expended, shall
be for the Microloan Guarantee Program, and of which $40,510,000
shall remain available until September 30, 1997: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 1996, commitments to
guarantee loans under section 503 of the Small Business Investment
Act of 1958, as amended, shall not exceed the amount of financings
authorized under section 20(n)(2)(B) of the Small Business Act,
as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $92,622,000, which may be trans-
ferred to and merged with the appropriations for Salaries and
Expenses.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–62
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $34,432,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program, $71,578,000, which may be transferred to and merged
with the appropriations for Salaries and Expenses.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guarantees Revolv-
ing Fund’’, authorized by the Small Business Investment Act, as
amended, $2,530,000, to remain available without fiscal year limita-
tion as authorized by 15 U.S.C. 631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION
SEC. 510. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Adminis-
tration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized by The State Justice Institute Authorization Act of 1992 (Public
Law 102–572 (106 Stat. 4515–4516)), $5,000,000 to remain available
until expended: Provided, That not to exceed $2,500 shall be avail-
able for official reception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to exist-
ing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
110 STAT. 1321–63 PUBLIC LAW 104–134—APR. 26, 1996
SEC. 605 (a) None of the funds provided under this Act, or
provided under previous Appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 1996, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds which (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Appropria-
tions Committees of both Houses of Congress are notified fifteen
days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 1996, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a re-
programming of funds in excess of $500,000 or 10 percent, which-
ever is less, that (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing pro-
gram, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress
are notified fifteen days in advance of such reprogramming of
funds.
SEC. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency repair),
overhaul, conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located out-
side of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
SEC. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harass-
ment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that
such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
SEC. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for
any cost incurred for (1) opening or operating any United States
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–64
diplomatic or consular post in the Socialist Republic of Vietnam
that was not operating on July 11, 1995; (2) expanding any United
States diplomatic or consular post in the Socialist Republic of Viet-
nam that was operating on July 11, 1995; or (3) increasing the
total number of personnel assigned to United States diplomatic
or consular posts in the Socialist Republic of Vietnam above the
levels existing on July 11, 1995, unless the President certifies
within 60 days, based upon all information available to the United
States Government that the Government of the Socialist Republic
of Vietnam is cooperating in full faith with the United States
in the following four areas:
(1) Resolving discrepancy cases, live sightings and field
activities,
(2) Recovering and repatriating American remains,
(3) Accelerating efforts to provide documents that will help
lead to fullest possible accounting of POW/MIA’s,
(4) Providing further assistance in implementing trilateral
investigations with Laos.
SEC. 610. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or expend
such funds (1) that the United Nations undertaking is a peacekeep-
ing mission, (2) that such undertaking will involve United States
Armed Forces under the command or operational control of a foreign
national, and (3) that the President’s military advisors have not
submitted to the President a recommendation that such involvement
is in the national security interests of the United States and the
President has not submitted to the Congress such a recommenda-
tion.
SEC. 611. None of the funds made available in this Act shall
be used to provide the following amenities or personal comforts
in the Federal prison system—
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC–17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any
sort;
(4) possession of in-cell coffee pots, hot plates, or heating
elements; or
(5) the use or possession of any electric or electronic musical
instrument.
SEC. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration under the
heading ‘‘Fleet Modernization, Shipbuilding and Conversion’’ may
be used to implement sections 603, 604, and 605 of Public Law
102–567.
SEC. 613. None of the funds made available in this Act may
be used for ‘‘USIA Television Marti Program’’ under the Television
Broadcasting to Cuba Act or any other program of United States
Government television broadcasts to Cuba, when it is made known
to the Federal official having authority to obligate or expend such
funds that such use would be inconsistent with the applicable
110 STAT. 1321–65 PUBLIC LAW 104–134—APR. 26, 1996
provisions of the March 1995 Office of Cuba Broadcasting Reinvent-
ing Plan of the United States Information Agency.
Repeal. SEC. 614. (a)(1) Section 5002 of title 18, United States Code,
is repealed.
(2) The table of sections for chapter 401 of title 18, United
States Code, is amended by striking out the item relating to the
Advisory Corrections Council.
Effective date. (b) This section shall take effect 30 days after the date of
18 USC 5002 the enactment of this Act.
note. SEC. 615. Any costs incurred by a Department or agency funded
under this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
provision is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 616. Notwithstanding section 106 of Public Law 104–
91, the general provisions for the Department of Justice that were
included in the conference report to accompany H.R. 2076 and
were identified in the amendment to Public Law 104–91 made
by section 211 of Public Law 104–99 shall continue to remain
in effect as enacted into law.
SEC. 617. Upon enactment of this Act, the provisions of section
201(a) of Public Law 104–99 are superseded.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$65,000,000 are rescinded.
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD
(RESCISSION)
Of the unobligated balances available under this heading,
$64,500,000 are rescinded.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–66
RELATED AGENCIES
UNITED STATES INFORMATION AGENCY
RADIO CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this heading,
$7,400,000 are rescinded.
TITLE VIII—PRISON LITIGATION REFORM Prison Litigation
Reform Act of
SEC. 801. SHORT TITLE. 1995.
18 USC 3601
This title may be cited as the ‘‘Prison Litigation Reform Act note.
of 1995’’.
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) IN GENERAL.—Section 3626 of title 18, United States Code,
is amended to read as follows:
‘‘§ 3626. Appropriate remedies with respect to prison condi-
tions
‘‘(a) REQUIREMENTS FOR RELIEF.—
‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective relief in any
civil action with respect to prison conditions shall extend no
further than necessary to correct the violation of the Federal
right of a particular plaintiff or plaintiffs. The court shall
not grant or approve any prospective relief unless the court
finds that such relief is narrowly drawn, extends no further
than necessary to correct the violation of the Federal right,
and is the least intrusive means necessary to correct the viola-
tion of the Federal right. The court shall give substantial weight
to any adverse impact on public safety or the operation of
a criminal justice system caused by the relief.
‘‘(B) The court shall not order any prospective relief that
requires or permits a government official to exceed his or her
authority under State or local law or otherwise violates State
or local law, unless—
‘‘(i) Federal law permits such relief to be ordered in
violation of State or local law;
‘‘(ii) the relief is necessary to correct the violation of
a Federal right; and
‘‘(iii) no other relief will correct the violation of the
Federal right.
‘‘(C) Nothing in this section shall be construed to authorize
the courts, in exercising their remedial powers, to order the
construction of prisons or the raising of taxes, or to repeal
or detract from otherwise applicable limitations on the remedial
powers of the courts.
‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any civil action
with respect to prison conditions, to the extent otherwise
authorized by law, the court may enter a temporary restraining
order or an order for preliminary injunctive relief. Preliminary
injunctive relief must be narrowly drawn, extend no further
than necessary to correct the harm the court finds requires
preliminary relief, and be the least intrusive means necessary
to correct that harm. The court shall give substantial weight
110 STAT. 1321–67 PUBLIC LAW 104–134—APR. 26, 1996
to any adverse impact on public safety or the operation of
a criminal justice system caused by the preliminary relief and
shall respect the principles of comity set out in paragraph
(1)(B) in tailoring any preliminary relief. Preliminary injunctive
relief shall automatically expire on the date that is 90 days
after its entry, unless the court makes the findings required
under subsection (a)(1) for the entry of prospective relief and
makes the order final before the expiration of the 90-day period.
‘‘(3) PRISONER RELEASE ORDER.—(A) In any civil action with
respect to prison conditions, no prisoner release order shall
be entered unless—
‘‘(i) a court has previously entered an order for less
intrusive relief that has failed to remedy the deprivation
of the Federal right sought to be remedied through the
prisoner release order; and
‘‘(ii) the defendant has had a reasonable amount of
time to comply with the previous court orders.
‘‘(B) In any civil action in Federal court with respect to
prison conditions, a prisoner release order shall be entered
only by a three-judge court in accordance with section 2284
of title 28, if the requirements of subparagraph (E) have been
met.
‘‘(C) A party seeking a prisoner release order in Federal
court shall file with any request for such relief, a request
for a three-judge court and materials sufficient to demonstrate
that the requirements of subparagraph (A) have been met.
‘‘(D) If the requirements under subparagraph (A) have been
met, a Federal judge before whom a civil action with respect
to prison conditions is pending who believes that a prison
release order should be considered may sua sponte request
the convening of a three-judge court to determine whether
a prisoner release order should be entered.
‘‘(E) The three-judge court shall enter a prisoner release
order only if the court finds by clear and convincing evidence
that—
‘‘(i) crowding is the primary cause of the violation
of a Federal right; and
‘‘(ii) no other relief will remedy the violation of the
Federal right.
‘‘(F) Any State or local official or unit of government whose
jurisdiction or function includes the appropriation of funds for
the construction, operation, or maintenance of program facili-
ties, or the prosecution or custody of persons who may be
released from, or not admitted to, a prison as a result of
a prisoner release order shall have standing to oppose the
imposition or continuation in effect of such relief and to seek
termination of such relief, and shall have the right to intervene
in any proceeding relating to such relief.
‘‘(b) TERMINATION OF RELIEF.—
‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—(A) In any civil
action with respect to prison conditions in which prospective
relief is ordered, such relief shall be terminable upon the motion
of any party or intervener—
‘‘(i) 2 years after the date the court granted or approved
the prospective relief;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–68
‘‘(ii) 1 year after the date the court has entered an
order denying termination of prospective relief under this
paragraph; or
‘‘(iii) in the case of an order issued on or before the
date of enactment of the Prison Litigation Reform Act,
2 years after such date of enactment.
‘‘(B) Nothing in this section shall prevent the parties from
agreeing to terminate or modify relief before the relief is termi-
nated under subparagraph (A).
‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE RELIEF.—In
any civil action with respect to prison conditions, a defendant
or intervener shall be entitled to the immediate termination
of any prospective relief if the relief was approved or granted
in the absence of a finding by the court that the relief is
narrowly drawn, extends no further than necessary to correct
the violation of the Federal right, and is the least intrusive
means necessary to correct the violation of the Federal right.
‘‘(3) LIMITATION.—Prospective relief shall not terminate if
the court makes written findings based on the record that
prospective relief remains necessary to correct a current or
ongoing violation of the Federal right, extends no further than
necessary to correct the violation of the Federal right, and
that the prospective relief is narrowly drawn and the least
intrusive means to correct the violation.
‘‘(4) TERMINATION OR MODIFICATION OF RELIEF.—Nothing
in this section shall prevent any party or intervener from
seeking modification or termination before the relief is ter-
minable under paragraph (1) or (2), to the extent that modifica-
tion or termination would otherwise be legally permissible.
‘‘(c) SETTLEMENTS.—
‘‘(1) CONSENT DECREES.—In any civil action with respect
to prison conditions, the court shall not enter or approve a
consent decree unless it complies with the limitations on relief
set forth in subsection (a).
‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A) Nothing in
this section shall preclude parties from entering into a private
settlement agreement that does not comply with the limitations
on relief set forth in subsection (a), if the terms of that agree-
ment are not subject to court enforcement other than the
reinstatement of the civil proceeding that the agreement settled.
‘‘(B) Nothing in this section shall preclude any party claim-
ing that a private settlement agreement has been breached
from seeking in State court any remedy available under State
law.
‘‘(d) STATE LAW REMEDIES.—The limitations on remedies in
this section shall not apply to relief entered by a State court
based solely upon claims arising under State law.
‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PROSPECTIVE
RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly rule on any
motion to modify or terminate prospective relief in a civil action
with respect to prison conditions.
‘‘(2) AUTOMATIC STAY.—Any prospective relief subject to
a pending motion shall be automatically stayed during the
period—
110 STAT. 1321–69 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(A)(i) beginning on the 30th day after such motion
is filed, in the case of a motion made under paragraph
(1) or (2) of subsection (b); or
‘‘(ii) beginning on the 180th day after such motion
is filed, in the case of a motion made under any other
law; and
‘‘(B) ending on the date the court enters a final order
ruling on the motion.
‘‘(f) SPECIAL MASTERS.—
‘‘(1) IN GENERAL.—(A) In any civil action in a Federal
court with respect to prison conditions, the court may appoint
a special master who shall be disinterested and objective and
who will give due regard to the public safety, to conduct hear-
ings on the record and prepare proposed findings of fact.
‘‘(B) The court shall appoint a special master under this
subsection during the remedial phase of the action only upon
a finding that the remedial phase will be sufficiently complex
to warrant the appointment.
‘‘(2) APPOINTMENT.—(A) If the court determines that the
appointment of a special master is necessary, the court shall
request that the defendant institution and the plaintiff each
submit a list of not more than 5 persons to serve as a special
master.
‘‘(B) Each party shall have the opportunity to remove up
to 3 persons from the opposing party’s list.
‘‘(C) The court shall select the master from the persons
remaining on the list after the operation of subparagraph (B).
‘‘(3) INTERLOCUTORY APPEAL.—Any party shall have the
right to an interlocutory appeal of the judge’s selection of the
special master under this subsection, on the ground of partial-
ity.
‘‘(4) COMPENSATION.—The compensation to be allowed to
a special master under this section shall be based on an hourly
rate not greater than the hourly rate established under section
3006A for payment of court-appointed counsel, plus costs
reasonably incurred by the special master. Such compensation
and costs shall be paid with funds appropriated to the Judiciary.
‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In any civil action
with respect to prison conditions in which a special master
is appointed under this subsection, the court shall review the
appointment of the special master every 6 months to determine
whether the services of the special master continue to be
required under paragraph (1). In no event shall the appoint-
ment of a special master extend beyond the termination of
the relief.
‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A special master
appointed under this subsection—
‘‘(A) may be authorized by a court to conduct hearings
and prepare proposed findings of fact, which shall be made
on the record;
‘‘(B) shall not make any findings or communications
ex parte;
‘‘(C) may be authorized by a court to assist in the
development of remedial plans; and
‘‘(D) may be removed at any time, but shall be relieved
of the appointment upon the termination of relief.
‘‘(g) DEFINITIONS.—As used in this section—
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–70
‘‘(1) the term ‘consent decree’ means any relief entered
by the court that is based in whole or in part upon the consent
or acquiescence of the parties but does not include private
settlements;
‘‘(2) the term ‘civil action with respect to prison conditions’
means any civil proceeding arising under Federal law with
respect to the conditions of confinement or the effects of actions
by government officials on the lives of persons confined in
prison, but does not include habeas corpus proceedings challeng-
ing the fact or duration of confinement in prison;
‘‘(3) the term ‘prisoner’ means any person subject to incar-
ceration, detention, or admission to any facility who is accused
of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program;
‘‘(4) the term ‘prisoner release order’ includes any order,
including a temporary restraining order or preliminary injunc-
tive relief, that has the purpose or effect of reducing or limiting
the prison population, or that directs the release from or non-
admission of prisoners to a prison;
‘‘(5) the term ‘prison’ means any Federal, State, or local
facility that incarcerates or detains juveniles or adults accused
of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law;
‘‘(6) the term ‘private settlement agreement’ means an
agreement entered into among the parties that is not subject
to judicial enforcement other than the reinstatement of the
civil proceeding that the agreement settled;
‘‘(7) the term ‘prospective relief’ means all relief other than
compensatory monetary damages;
‘‘(8) the term ‘special master’ means any person appointed
by a Federal court pursuant to Rule 53 of the Federal Rules
of Civil Procedure or pursuant to any inherent power of the
court to exercise the powers of a master, regardless of the
title or description given by the court; and
‘‘(9) the term ‘relief’ means all relief in any form that
may be granted or approved by the court, and includes consent
decrees but does not include private settlement agreements.’’.
(b) APPLICATION OF AMENDMENT.—
(1) IN GENERAL.—Section 3626 of title 18, United States 18 USC 3626
Code, as amended by this section, shall apply with respect note.
to all prospective relief whether such relief was originally
granted or approved before, on, or after the date of the enact-
ment of this title.
(2) TECHNICAL AMENDMENT.—Subsections (b) and (d) of
section 20409 of the Violent Crime Control and Law Enforce- 18 USC 3626
ment Act of 1994 are repealed. note.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter C of chapter 229 of title 18, United States
Code, is amended to read as follows:
‘‘3626. Appropriate remedies with respect to prison conditions.’’.
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED
PERSONS ACT.
(a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of the Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997a(c)) (referred
to in this section as the ‘‘Act’’) is amended to read as follows:
110 STAT. 1321–71 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(c) The Attorney General shall personally sign any complaint
filed pursuant to this section.’’.
(b) CERTIFICATION REQUIREMENTS.—Section 4 of the Act (42
U.S.C. 1997b) is amended—
(1) in subsection (a)—
(A) by striking ‘‘he’’ each place it appears and inserting
‘‘the Attorney General’’; and
(B) by striking ‘‘his’’ and inserting ‘‘the Attorney Gen-
eral’s’’; and
(2) by amending subsection (b) to read as follows:
‘‘(b) The Attorney General shall personally sign any certification
made pursuant to this section.’’.
(c) INTERVENTION IN ACTIONS.—Section 5 of the Act (42 U.S.C.
1997c) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘he’’ each place it
appears and inserting ‘‘the Attorney General’’; and
(B) by amending paragraph (2) to read as follows:
‘‘(2) The Attorney General shall personally sign any certification
made pursuant to this section.’’; and
(2) by amending subsection (c) to read as follows:
‘‘(c) The Attorney General shall personally sign any motion
to intervene made pursuant to this section.’’.
(d) SUITS BY PRISONERS.—Section 7 of the Act (42 U.S.C. 1997e)
is amended to read as follows:
‘‘SEC. 7. SUITS BY PRISONERS.
‘‘(a) APPLICABILITY OF ADMINISTRATIVE REMEDIES.—No action
shall be brought with respect to prison conditions under section
1979 of the Revised Statutes of the United States (42 U.S.C. 1983),
or any other Federal law, by a prisoner confined in any jail, prison,
or other correctional facility until such administrative remedies
as are available are exhausted.
‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO ADMINISTRA-
TIVE GRIEVANCE PROCEDURE.—The failure of a State to adopt or
adhere to an administrative grievance procedure shall not constitute
the basis for an action under section 3 or 5 of this Act.
‘‘(c) DISMISSAL.—(1) The court shall on its own motion or on
the motion of a party dismiss any action brought with respect
to prison conditions under section 1979 of the Revised Statutes
of the United States (42 U.S.C. 1983), or any other Federal law,
by a prisoner confined in any jail, prison, or other correctional
facility if the court is satisfied that the action is frivolous, malicious,
fails to state a claim upon which relief can be granted, or seeks
monetary relief from a defendant who is immune from such relief.
‘‘(2) In the event that a claim is, on its face, frivolous, malicious,
fails to state a claim upon which relief can be granted, or seeks
monetary relief from a defendant who is immune from such relief,
the court may dismiss the underlying claim without first requiring
the exhaustion of administrative remedies.
‘‘(d) ATTORNEY’S FEES.—(1) In any action brought by a prisoner
who is confined to any jail, prison, or other correctional facility,
in which attorney’s fees are authorized under section 2 of the
Revised Statutes of the United States (42 U.S.C. 1988), such fees
shall not be awarded, except to the extent that—
‘‘(A) the fee was directly and reasonably incurred in proving
an actual violation of the plaintiff’s rights protected by a statute
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–72
pursuant to which a fee may be awarded under section 2
of the Revised Statutes; and
‘‘(B)(i) the amount of the fee is proportionately related
to the court ordered relief for the violation; or
‘‘(ii) the fee was directly and reasonably incurred in enforc-
ing the relief ordered for the violation.
‘‘(2) Whenever a monetary judgment is awarded in an action
described in paragraph (1), a portion of the judgment (not to exceed
25 percent) shall be applied to satisfy the amount of attorney’s
fees awarded against the defendant. If the award of attorney’s
fees is not greater than 150 percent of the judgment, the excess
shall be paid by the defendant.
‘‘(3) No award of attorney’s fees in an action described in
paragraph (1) shall be based on an hourly rate greater than 150
percent of the hourly rate established under section 3006A of title
18, United States Code, for payment of court-appointed counsel.
‘‘(4) Nothing in this subsection shall prohibit a prisoner from
entering into an agreement to pay an attorney’s fee in an amount
greater than the amount authorized under this subsection, if the
fee is paid by the individual rather than by the defendant pursuant
to section 2 of the Revised Statutes of the United States (42 U.S.C.
1988).
‘‘(e) LIMITATION ON RECOVERY.—No Federal civil action may
be brought by a prisoner confined in a jail, prison, or other correc-
tional facility, for mental or emotional injury suffered while in
custody without a prior showing of physical injury.
‘‘(f) HEARINGS.—(1) To the extent practicable, in any action
brought with respect to prison conditions in Federal court pursuant
to section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983), or any other Federal law, by a prisoner confined
in any jail, prison, or other correctional facility, pretrial proceedings
in which the prisoner’s participation is required or permitted shall
be conducted by telephone, video conference, or other telecommuni-
cations technology without removing the prisoner from the facility
in which the prisoner is confined.
‘‘(2) Subject to the agreement of the official of the Federal,
State, or local unit of government with custody over the prisoner,
hearings may be conducted at the facility in which the prisoner
is confined. To the extent practicable, the court shall allow counsel
to participate by telephone, video conference, or other communica-
tions technology in any hearing held at the facility.
‘‘(g) WAIVER OF REPLY.—(1) Any defendant may waive the right
to reply to any action brought by a prisoner confined in any jail,
prison, or other correctional facility under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983) or any
other Federal law. Notwithstanding any other law or rule of proce-
dure, such waiver shall not constitute an admission of the allega-
tions contained in the complaint. No relief shall be granted to
the plaintiff unless a reply has been filed.
‘‘(2) The court may require any defendant to reply to a com-
plaint brought under this section if it finds that the plaintiff has
a reasonable opportunity to prevail on the merits.
‘‘(h) DEFINITION.—As used in this section, the term ‘prisoner’
means any person incarcerated or detained in any facility who
is accused of, convicted of, sentenced for, or adjudicated delinquent
for, violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program.’’.
110 STAT. 1321–73 PUBLIC LAW 104–134—APR. 26, 1996
(e) REPORT TO CONGRESS.—Section 8 of the Act (42 U.S.C.
1997f) is amended by striking ‘‘his report’’ and inserting ‘‘the report’’.
(f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10 of the Act
(42 U.S.C. 1997h) is amended—
(1) by striking ‘‘his action’’ and inserting ‘‘the action’’; and
(2) by striking ‘‘he is satisfied’’ and inserting ‘‘the Attorney
General is satisfied’’.
SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
(a) FILING FEES.—Section 1915 of title 28, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) Any’’ and inserting ‘‘(a)(1) Subject
to subsection (b), any’’;
(B) by striking ‘‘and costs’’;
(C) by striking ‘‘makes affidavit’’ and inserting ‘‘sub-
mits an affidavit that includes a statement of all assets
such prisoner possesses’’;
(D) by striking ‘‘such costs’’ and inserting ‘‘such fees’’;
(E) by striking ‘‘he’’ each place it appears and inserting
‘‘the person’’;
(F) by adding immediately after paragraph (1), the
following new paragraph:
‘‘(2) A prisoner seeking to bring a civil action or appeal a
judgment in a civil action or proceeding without prepayment of
fees or security therefor, in addition to filing the affidavit filed
under paragraph (1), shall submit a certified copy of the trust
fund account statement (or institutional equivalent) for the prisoner
for the 6-month period immediately preceding the filing of the
complaint or notice of appeal, obtained from the appropriate official
of each prison at which the prisoner is or was confined.’’; and
(G) by striking ‘‘An appeal’’ and inserting ‘‘(3) An
appeal’’;
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new sub-
section:
‘‘(b)(1) Notwithstanding subsection (a), if a prisoner brings a
civil action or files an appeal in forma pauperis, the prisoner shall
be required to pay the full amount of a filing fee. The court shall
assess and, when funds exist, collect, as a partial payment of
any court fees required by law, an initial partial filing fee of
20 percent of the greater of—
‘‘(A) the average monthly deposits to the prisoner’s account;
or
‘‘(B) the average monthly balance in the prisoner’s account
for the 6-month period immediately preceding the filing of
the complaint or notice of appeal.
‘‘(2) After payment of the initial partial filing fee, the prisoner
shall be required to make monthly payments of 20 percent of
the preceding month’s income credited to the prisoner’s account.
The agency having custody of the prisoner shall forward payments
from the prisoner’s account to the clerk of the court each time
the amount in the account exceeds $10 until the filing fees are
paid.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–74
‘‘(3) In no event shall the filing fee collected exceed the amount
of fees permitted by statute for the commencement of a civil action
or an appeal of a civil action or criminal judgment.
‘‘(4) In no event shall a prisoner be prohibited from bringing
a civil action or appealing a civil or criminal judgment for the
reason that the prisoner has no assets and no means by which
to pay the initial partial filing fee.’’;
(4) in subsection (c), as redesignated by paragraph (2),
by striking ‘‘subsection (a) of this section’’ and inserting ‘‘sub-
sections (a) and (b) and the prepayment of any partial filing
fee as may be required under subsection (b)’’; and
(5) by amending subsection (e), as redesignated by para-
graph (2), to read as follows:
‘‘(e)(1) The court may request an attorney to represent any
person unable to afford counsel.
‘‘(2) Notwithstanding any filing fee, or any portion thereof,
that may have been paid, the court shall dismiss the case at
any time if the court determines that—
‘‘(A) the allegation of poverty is untrue; or
‘‘(B) the action or appeal—
‘‘(i) is frivolous or malicious;
‘‘(ii) fails to state a claim on which relief may be
granted; or
‘‘(iii) seeks monetary relief against a defendant who
is immune from such relief.’’.
(b) EXCEPTION TO DISCHARGE OF DEBT IN BANKRUPTCY
PROCEEDING.—Section 523(a) of title 11, United States Code, is
amended—
(1) in paragraph (16), by striking the period at the end
and inserting ‘‘; or’’; and
(2) by adding at the end the following new paragraph:
‘‘(17) for a fee imposed by a court for the filing of a case,
motion, complaint, or appeal, or for other costs and expenses
assessed with respect to such filing, regardless of an assertion
of poverty by the debtor under section 1915 (b) or (f) of title
28, or the debtor’s status as a prisoner, as defined in section
1915(h) of title 28.’’.
(c) COSTS.—Section 1915(f) of title 28, United States Code (as
redesignated by subsection (a)(2)), is amended—
(1) by striking ‘‘(f) Judgment’’ and inserting ‘‘(f)(1) Judg-
ment’’;
(2) by striking ‘‘cases’’ and inserting ‘‘proceedings’’; and
(3) by adding at the end the following new paragraph:
‘‘(2)(A) If the judgment against a prisoner includes the payment
of costs under this subsection, the prisoner shall be required to
pay the full amount of the costs ordered.
‘‘(B) The prisoner shall be required to make payments for
costs under this subsection in the same manner as is provided
for filing fees under subsection (a)(2).
‘‘(C) In no event shall the costs collected exceed the amount
of the costs ordered by the court.’’.
(d) SUCCESSIVE CLAIMS.—Section 1915 of title 28, United States
Code, is amended by adding at the end the following new subsection:
‘‘(g) In no event shall a prisoner bring a civil action or appeal
a judgment in a civil action or proceeding under this section if
the prisoner has, on 3 or more prior occasions, while incarcerated
or detained in any facility, brought an action or appeal in a court
110 STAT. 1321–75 PUBLIC LAW 104–134—APR. 26, 1996
of the United States that was dismissed on the grounds that it
is frivolous, malicious, or fails to state a claim upon which relief
may be granted, unless the prisoner is under imminent danger
of serious physical injury.’’.
(e) DEFINITION.—Section 1915 of title 28, United States Code,
is amended by adding at the end the following new subsection:
‘‘(h) As used in this section, the term ‘prisoner’ means any
person incarcerated or detained in any facility who is accused
of, convicted of, sentenced for, or adjudicated delinquent for, viola-
tions of criminal law or the terms and conditions of parole, proba-
tion, pretrial release, or diversionary program.’’.
SEC. 805. JUDICIAL SCREENING.
(a) IN GENERAL.—Chapter 123 of title 28, United States Code,
is amended by inserting after section 1915 the following new section:
‘‘§ 1915A. Screening
‘‘(a) SCREENING.—The court shall review, before docketing, if
feasible or, in any event, as soon as practicable after docketing,
a complaint in a civil action in which a prisoner seeks redress
from a governmental entity or officer or employee of a governmental
entity.
‘‘(b) GROUNDS FOR DISMISSAL.—On review, the court shall iden-
tify cognizable claims or dismiss the complaint, or any portion
of the complaint, if the complaint—
‘‘(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or
‘‘(2) seeks monetary relief from a defendant who is immune
from such relief.
‘‘(c) DEFINITION.—As used in this section, the term ‘prisoner’
means any person incarcerated or detained in any facility who
is accused of, convicted of, sentenced for, or adjudicated delinquent
for, violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program.’’.
(b) TECHNICAL AMENDMENT.—The analysis for chapter 123 of
title 28, United States Code, is amended by inserting after the
item relating to section 1915 the following new item:
‘‘1915A. Screening.’’.
SEC. 806. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
(2) by adding at the end the following:
‘‘(2) No person convicted of a felony who is incarcerated while
awaiting sentencing or while serving a sentence may bring a civil
action against the United States or an agency, officer, or employee
of the Government, for mental or emotional injury suffered while
in custody without a prior showing of physical injury.’’.
18 USC 3626 SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PEND-
note. ING RESTITUTION ORDERS.
Any compensatory damages awarded to a prisoner in connection
with a civil action brought against any Federal, State, or local
jail, prison, or correctional facility or against any official or agent
of such jail, prison, or correctional facility, shall be paid directly
to satisfy any outstanding restitution orders pending against the
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–76
prisoner. The remainder of any such award after full payment
of all pending restitution orders shall be forwarded to the prisoner.
SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD. 18 USC 3626
note.
Prior to payment of any compensatory damages awarded to
a prisoner in connection with a civil action brought against any
Federal, State, or local jail, prison, or correctional facility or against
any official or agent of such jail, prison, or correctional facility,
reasonable efforts shall be made to notify the victims of the crime
for which the prisoner was convicted and incarcerated concerning
the pending payment of any such compensatory damages.
SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCA-
TION.
(a) IN GENERAL.—Chapter 123 of title 28, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1932. Revocation of earned release credit
‘‘In any civil action brought by an adult convicted of a crime
and confined in a Federal correctional facility, the court may order
the revocation of such earned good time credit under section 3624(b)
of title 18, United States Code, that has not yet vested, if, on
its own motion or the motion of any party, the court finds that—
‘‘(1) the claim was filed for a malicious purpose;
‘‘(2) the claim was filed solely to harass the party against
which it was filed; or
‘‘(3) the claimant testifies falsely or otherwise knowingly
presents false evidence or information to the court.’’.
(b) TECHNICAL AMENDMENT.—The analysis for chapter 123 of
title 28, United States Code, is amended by inserting after the
item relating to section 1931 the following:
‘‘1932. Revocation of earned release credit.’’.
(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Section 3624(b)
of title 18, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking the first sentence;
(B) in the second sentence—
(i) by striking ‘‘A prisoner’’ and inserting ‘‘Subject
to paragraph (2), a prisoner’’;
(ii) by striking ‘‘for a crime of violence,’’; and
(iii) by striking ‘‘such’’;
(C) in the third sentence, by striking ‘‘If the Bureau’’
and inserting ‘‘Subject to paragraph (2), if the Bureau’’;
(D) by striking the fourth sentence and inserting the
following: ‘‘In awarding credit under this section, the
Bureau shall consider whether the prisoner, during the
relevant period, has earned, or is making satisfactory
progress toward earning, a high school diploma or an
equivalent degree.’’; and
(E) in the sixth sentence, by striking ‘‘Credit for the
last’’ and inserting ‘‘Subject to paragraph (2), credit for
the last’’; and
(2) by amending paragraph (2) to read as follows:
‘‘(2) Notwithstanding any other law, credit awarded under
this subsection after the date of enactment of the Prison Litiga-
tion Reform Act shall vest on the date the prisoner is released
from custody.’’.
110 STAT. 1321–77 PUBLIC LAW 104–134—APR. 26, 1996
18 USC 3626 SEC. 810. SEVERABILITY.
note.
If any provision of this title, an amendment made by this
title, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder
of this title, the amendments made by this title, and the application
of the provisions of such to any person or circumstance shall not
be affected thereby.
This Act may be cited as the ‘‘Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1996.’’.
(b) For programs, projects or activities in the District of Colum-
bia Appropriations Act, 1996, provided as follows, to be effective
as if it had been enacted into law as the regular appropriations
Act:
AN ACT
Making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part against
the revenues of said District for the fiscal year ending September
30, 1996, and for other purposes.
District of TITLE I—FISCAL YEAR 1996 APPROPRIATIONS
Columbia
Appropriations FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
Act, 1996.
For payment to the District of Columbia for the fiscal year
ending September 30, 1996, $660,000,000, as authorized by section
502(a) of the District of Columbia Self-Government and Govern-
mental Reorganization Act, Public Law 93–198, as amended (D.C.
Code, sec. 47–3406.1).
FEDERAL CONTRIBUTION TO RETIREMENT FUNDS
For the Federal contribution to the Police Officers and Fire
Fighters’, Teachers’, and Judges’ Retirement Funds, as authorized
by the District of Columbia Retirement Reform Act, approved
November 17, 1979 (93 Stat. 866; Public Law 96–122), $52,070,000.
DIVISION OF EXPENSES
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise specifically provided.
GOVERNMENTAL DIRECTION AND SUPPORT
Governmental direction and support, $149,130,000 and 1,498
full-time equivalent positions (end of year) (including $117,464,000
and 1,158 full-time equivalent positions from local funds, $2,464,000
and 5 full-time equivalent positions from Federal funds, $4,474,000
and 71 full-time equivalent positions from other funds, and
$24,728,000 and 264 full-time equivalent positions from intra-Dis-
trict funds): Provided, That not to exceed $2,500 for the Mayor,
$2,500 for the Chairman of the Council of the District of Columbia,
and $2,500 for the City Administrator shall be available from this
appropriation for expenditures for official purposes: Provided fur-
ther, That any program fees collected from the issuance of debt
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–78
shall be available for the payment of expenses of the debt manage-
ment program of the District of Columbia: Provided further, That
no revenues from Federal sources shall be used to support the
operations or activities of the Statehood Commission and Statehood
Compact Commission: Provided further, That the District of Colum-
bia shall identify the sources of funding for Admission to Statehood
from its own locally-generated revenues: Provided further, That
$29,500,000 is for pay-as-you-go capital projects of which $1,500,000
shall be for a capital needs assessment study, and $28,000,000
shall be for a new financial management system, if so determined
following the evaluation and review process subsequently described
in this paragraph, of which $2,000,000 shall be used to develop
a needs analysis and assessment of the existing financial manage-
ment environment, and the remaining $26,000,000 shall be used
to procure the necessary hardware and installation of new software,
conversion, testing and training: Provided further, That the
$26,000,000 shall not be obligated or expended until: (1) the District Reports.
of Columbia Financial Responsibility and Management Assistance
Authority submits a report to the Committees on Appropriations
of the House and the Senate, the Committee on Governmental
Reform and Oversight of the House, and the Committee on Govern-
mental Affairs of the Senate reporting the results of a needs analy-
sis and assessment of the existing financial management environ-
ment, specifying the deficiencies in, and recommending necessary
improvements to or replacement of the District’s financial manage-
ment system including a detailed explanation of each recommenda-
tion and its estimated cost; and (2) 30 days lapse after receipt
of the report by Congress: Provided further, That the District of Gallaudet
Columbia government shall enter into negotiations with Gallaudet University.
University to transfer, at a fair market value rate, Hamilton School
from the District of Columbia to Gallaudet University with the
proceeds, if such a sale takes place, deposited into the general
fund of the District and used to improve public school facilities
in the same ward as the Hamilton School.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $140,983,000 and 1,692
full-time equivalent positions (end-of-year) (including $68,203,000
and 698 full-time equivalent positions from local funds, $38,792,000
and 509 full-time equivalent positions from Federal funds,
$17,658,000 and 258 full-time equivalent positions from other funds,
and $16,330,000 and 227 full-time equivalent positions from intra-
District funds): Provided, That the District of Columbia Housing
Finance Agency, established by section 201 of the District of Colum-
bia Housing Finance Agency Act, effective March 3, 1979 (D.C.
Law 2–135; D.C. Code, sec. 45–2111), based upon its capability
of repayments as determined each year by the Council of the District
of Columbia from the Housing Finance Agency’s annual audited
financial statements to the Council of the District of Columbia,
shall repay to the general fund an amount equal to the appropriated
administrative costs plus interest at a rate of four percent per
annum for a term of 15 years, with a deferral of payments for
the first three years: Provided further, That notwithstanding the
foregoing provision, the obligation to repay all or part of the
amounts due shall be subject to the rights of the owners of any
bonds or notes issued by the Housing Finance Agency and shall
110 STAT. 1321–79 PUBLIC LAW 104–134—APR. 26, 1996
be repaid to the District of Columbia government only from avail-
able operating revenues of the Housing Finance Agency that are
in excess of the amounts required for debt service, reserve funds,
and operating expenses: Provided further, That upon commence-
ment of the debt service payments, such payments shall be depos-
ited into the general fund of the District of Columbia.
PUBLIC SAFETY AND JUSTICE
Public safety and justice, including purchase of 135 passenger-
carrying vehicles for replacement only, including 130 for police-
type use and five for fire-type use, without regard to the general
purchase price limitation for the current fiscal year, $963,848,000
and 11,544 full-time equivalent positions (end-of-year) (including
$940,631,000 and 11,365 full-time equivalent positions from local
funds, $8,942,000 and 70 full-time equivalent positions from Federal
funds, $5,160,000 and 4 full-time equivalent positions from other
funds, and $9,115,000 and 105 full-time equivalent positions from
intra-District funds): Provided, That the Metropolitan Police Depart-
ment is authorized to replace not to exceed 25 passenger-carrying
vehicles and the Fire Department of the District of Columbia is
authorized to replace not to exceed five passenger-carrying vehicles
annually whenever the cost of repair to any damaged vehicle
exceeds three-fourths of the cost of the replacement: Provided fur-
ther, That not to exceed $500,000 shall be available from this
appropriation for the Chief of Police for the prevention and detection
Reports. of crime: Provided further, That the Metropolitan Police Department
shall provide quarterly reports to the Committees on Appropriations
of the House and Senate on efforts to increase efficiency and improve
the professionalism in the department: Provided further, That not-
withstanding any other provision of law, or Mayor’s Order 86–
45, issued March 18, 1986, the Metropolitan Police Department’s
delegated small purchase authority shall be $500,000: Provided
further, That the District of Columbia government may not require
the Metropolitan Police Department to submit to any other procure-
ment review process, or to obtain the approval of or be restricted
in any manner by any official or employee of the District of Colum-
bia government, for purchases that do not exceed $500,000: Provided
further, That $250,000 is used for the Georgetown Summer Detail;
$200,000 is used for East of the River Detail; $100,000 is used
for Adams Morgan Detail; and $100,000 is used for the Capitol
Hill Summer Detail: Provided further, That the Metropolitan Police
Department shall employ an authorized level of sworn officers not
to be less than 3,800 sworn officers for the fiscal year ending
September 30, 1996: Provided further, That funds appropriated
for expenses under the District of Columbia Criminal Justice Act,
approved September 3, 1974 (88 Stat. 1090; Public Law 93–412;
D.C. Code, sec. 11–2601 et seq.), for the fiscal year ending Septem-
ber 30, 1996, shall be available for obligations incurred under
the Act in each fiscal year since inception in the fiscal year 1975:
Provided further, That funds appropriated for expenses under the
District of Columbia Neglect Representation Equity Act of 1984,
effective March 13, 1985 (D.C. Law 5–129; D.C. Code, sec. 16–
2304), for the fiscal year ending September 30, 1996, shall be
available for obligations incurred under the Act in each fiscal year
since inception in the fiscal year 1985: Provided further, That funds
appropriated for expenses under the District of Columbia Guardian-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–80
ship, Protective Proceedings, and Durable Power of Attorney Act
of 1986, effective February 27, 1987 (D.C. Law 6–204; D.C. Code,
sec. 21–2060), for the fiscal year ending September 30, 1996, shall
be available for obligations incurred under the Act in each fiscal
year since inception in fiscal year 1989: Provided further, That
not to exceed $1,500 for the Chief Judge of the District of Columbia
Court of Appeals, $1,500 for the Chief Judge of the Superior Court
of the District of Columbia, and $1,500 for the Executive Officer
of the District of Columbia Courts shall be available from this
appropriation for official purposes: Provided further, That the Dis-
trict of Columbia shall operate and maintain a free, 24-hour tele-
phone information service whereby residents of the area surround-
ing Lorton prison in Fairfax County, Virginia, can promptly obtain
information from District of Columbia government officials on all
disturbances at the prison, including escapes, riots, and similar
incidents: Provided further, That the District of Columbia govern- Communications.
ment shall also take steps to publicize the availability of the 24- Prisons.
Virginia.
hour telephone information service among the residents of the area
surrounding the Lorton prison: Provided further, That not to exceed
$100,000 of this appropriation shall be used to reimburse Fairfax
County, Virginia, and Prince William County, Virginia, for expenses
incurred by the counties during the fiscal year ending September
30, 1996, in relation to the Lorton prison complex: Provided further,
That such reimbursements shall be paid in all instances in which
the District requests the counties to provide police, fire, rescue,
and related services to help deal with escapes, fires, riots, and
similar disturbances involving the prison: Provided further, That
the Mayor shall reimburse the District of Columbia National Guard
for expenses incurred in connection with services that are performed
in emergencies by the National Guard in a militia status and
are requested by the Mayor, in amounts that shall be jointly deter-
mined and certified as due and payable for these services by the
Mayor and the Commanding General of the District of Columbia
National Guard: Provided further, That such sums as may be nec-
essary for reimbursement to the District of Columbia National
Guard under the preceding proviso shall be available from this
appropriation, and the availability of the sums shall be deemed
as constituting payment in advance for emergency services involved.
PUBLIC EDUCATION SYSTEM
Public education system, including the development of national
defense education programs, $795,201,000 and 11,670 full-time
equivalent positions (end-of-year) (including $676,251,000 and 9,996
full-time equivalent positions from local funds, $87,385,000 and
1,227 full-time equivalent positions from Federal funds, $21,719,000
and 234 full-time equivalent positions from other funds, and
$9,846,000 and 213 full-time equivalent positions from intra-District
funds), to be allocated as follows: $580,996,000 and 10,167 full-
time equivalent positions (including $498,310,000 and 9,014 full-
time equivalent positions from local funds, $75,786,000 and 1,058
full-time equivalent positions from Federal funds, $4,343,000 and
44 full-time equivalent positions from other funds, and $2,557,000
and 51 full-time equivalent positions from intra-District funds),
for the public schools of the District of Columbia; $111,800,000
(including $111,000,000 from local funds and $800,000 from intra-
District funds) shall be allocated for the District of Columbia Teach-
110 STAT. 1321–81 PUBLIC LAW 104–134—APR. 26, 1996
ers’ Retirement Fund; $79,396,000 and 1,079 full-time equivalent
positions (including $45,377,000 and 572 full-time equivalent posi-
tions from local funds, $10,611,000 and 156 full-time equivalent
positions from Federal funds, $16,922,000 and 189 full-time equiva-
lent positions from other funds, and $6,486,000 and 162 full-time
equivalent positions from intra-District funds) for the University
of the District of Columbia; $20,742,000 and 415 full-time equivalent
positions (including $19,839,000 and 408 full-time equivalent posi-
tions from local funds, $446,000 and 6 full-time equivalent positions
from Federal funds, $454,000 and 1 full-time equivalent position
from other funds, and $3,000 from intra-District funds) for the
Public Library; $2,267,000 and 9 full-time equivalent positions
(including $1,725,000 and 2 full-time equivalent positions from local
funds and $542,000 and 7 full-time equivalent positions from Fed-
eral funds) for the Commission on the Arts and Humanities: Pro-
vided, That the public schools of the District of Columbia are
authorized to accept not to exceed 31 motor vehicles for exclusive
use in the driver education program: Provided further, That not
to exceed $2,500 for the Superintendent of Schools, $2,500 for
the President of the University of the District of Columbia, and
$2,000 for the Public Librarian shall be available from this appro-
priation for expenditures for official purposes: Provided further,
That this appropriation shall not be available to subsidize the
education of nonresidents of the District of Columbia at the Univer-
sity of the District of Columbia, unless the Board of Trustees
of the University of the District of Columbia adopts, for the fiscal
year ending September 30, 1996, a tuition rate schedule that will
establish the tuition rate for nonresident students at a level no
lower than the nonresident tuition rate charged at comparable
public institutions of higher education in the metropolitan area.
HUMAN SUPPORT SERVICES
Human support services, $1,855,014,000 and 6,469 full-time
equivalent positions (end-of-year) (including $1,076,856,000 and
3,650 full-time equivalent positions from local funds, $726,685,000
and 2,639 full-time equivalent positions from Federal funds,
$46,799,000 and 66 full-time equivalent positions from other funds,
and $4,674,000 and 114 full-time equivalent positions from intra-
District funds): Provided, That $26,000,000 of this appropriation,
to remain available until expended, shall be available solely for
District of Columbia employees’ disability compensation: Provided
further, That the District shall not provide free government services
such as water, sewer, solid waste disposal or collection, utilities,
maintenance, repairs, or similar services to any legally constituted
private nonprofit organization (as defined in section 411(5) of Public
Law 100–77, approved July 22, 1987) providing emergency shelter
services in the District, if the District would not be qualified to
receive reimbursement pursuant to the Stewart B. McKinney Home-
less Assistance Act, approved July 22, 1987 (101 Stat. 485; Public
Law 100–77; 42 U.S.C. 11301 et seq.).
PUBLIC WORKS
Public works, including rental of one passenger-carrying vehicle
for use by the Mayor and three passenger-carrying vehicles for
use by the Council of the District of Columbia and purchase of
passenger-carrying vehicles for replacement only, $297,568,000 and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–82
1,914 full-time equivalent positions (end-of-year) (including
$225,915,000 and 1,158 full-time equivalent positions from local
funds, $2,682,000 and 32 full-time equivalent positions from Federal
funds, $18,342,000 and 68 full-time equivalent positions from other
funds, and $50,629,000 and 656 full-time equivalent positions from
intra-District funds): Provided, That this appropriation shall not
be available for collecting ashes or miscellaneous refuse from hotels
and places of business.
WASHINGTON CONVENTION CENTER FUND TRANSFER PAYMENT
For payment to the Washington Convention Center Enterprise
Fund, $5,400,000 from local funds.
REPAYMENT OF LOANS AND INTEREST
For reimbursement to the United States of funds loaned in
compliance with An Act to provide for the establishment of a mod-
ern, adequate, and efficient hospital center in the District of Colum-
bia, approved August 7, 1946 (60 Stat. 896; Public Law 79–648);
section 1 of An Act to authorize the Commissioners of the District
of Columbia to borrow funds for capital improvement programs
and to amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation’s Capital
City, approved June 6, 1958 (72 Stat. 183; Public Law 85–451;
D.C. Code, sec. 9–219); section 4 of An Act to authorize the Commis-
sioners of the District of Columbia to plan, construct, operate,
and maintain a sanitary sewer to connect the Dulles International
Airport with the District of Columbia system, approved June 12,
1960 (74 Stat. 211; Public Law 86–515); sections 723 and 743(f)
of the District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973, as amend-
ed (87 Stat. 821; Public Law 93–198; D.C. Code, sec. 47–321, note;
91 Stat. 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),
including interest as required thereby, $327,787,000 from local
funds.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $38,678,000 from
local funds, as authorized by section 461(a) of the District of Colum-
bia Self-Government and Governmental Reorganization Act,
approved December 24, 1973, as amended (105 Stat. 540; Public
Law 102–106; D.C. Code, sec. 47–321(a)).
PAYMENT OF INTEREST ON SHORT-TERM BORROWING
For payment of interest on short-term borrowing, $9,698,000
from local funds.
PAY RENEGOTIATION OR REDUCTION IN COMPENSATION
The Mayor shall reduce appropriations and expenditures for
personal services in the amount of $46,409,000, by decreasing rates
of compensation for District government employees; such decreased
rates are to be realized from employees who are subject to collective
bargaining agreements to the extent possible through the renegoti-
110 STAT. 1321–83 PUBLIC LAW 104–134—APR. 26, 1996
ation of existing collective bargaining agreements: Provided, That,
if a sufficient reduction from employees who are subject to collective
bargaining agreements is not realized through renegotiating exist-
ing agreements, the Mayor shall decrease rates of compensation
for such employees, notwithstanding the provisions of any collective
bargaining agreements: Provided further, That the Congress hereby
ratifies and approves legislation enacted by the Council of the
District of Columbia during fiscal year 1995 to reduce the compensa-
tion and benefits of all employees of the District of Columbia govern-
ment during that fiscal year: Provided further, That notwithstand-
ing any other provision of law, the legislation enacted by the Council
of the District of Columbia during fiscal year 1995 to reduce the
compensation and benefits of all employees of the District of Colum-
bia government during that fiscal year shall be deemed to have
been ratified and approved by the Congress during fiscal year
1995.
RAINY DAY FUND
For mandatory unavoidable expenditures within one or several
of the various appropriation headings of this Act, to be allocated
to the budgets for personal services and nonpersonal services as
requested by the Mayor and approved by the Council pursuant
to the procedures in section 4 of the Reprogramming Policy Act
of 1980, effective September 16, 1980 (D.C. Law 3–100; D.C. Code,
Reports. sec. 47–363), $4,563,000 from local funds: Provided, That the Dis-
trict of Columbia shall provide to the Committees on Appropriations
of the House of Representatives and the Senate quarterly reports
by the 15th day of the month following the end of the quarter
showing how monies provided under this fund are expended with
a final report providing a full accounting of the fund due October
15, 1996 or not later than 15 days after the last amount remaining
in the fund is disbursed.
INCENTIVE BUYOUT PROGRAM
For the purpose of funding costs associated with the incentive
buyout program, to be apportioned by the Mayor of the District
of Columbia within the various appropriation headings in this Act
from which costs are properly payable, $19,000,000.
OUTPLACEMENT SERVICES
For the purpose of funding outplacement services for employees
who leave the District of Columbia government involuntarily,
$1,500,000.
BOARDS AND COMMISSIONS
The Mayor shall reduce appropriations and expenditures for
boards and commissions under the various headings in this title
in the amount of $500,000: Provided, That this provision shall
not apply to any board or commission established under title II
of this Act.
GOVERNMENT RE-ENGINEERING PROGRAM
The Mayor shall reduce appropriations and expenditures for
personal and nonpersonal services in the amount of $16,000,000
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–84
within one or several of the various appropriation headings in
this Title.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For construction projects, $168,222,000 (including $82,850,000
from local funds and $85,372,000 from Federal funds), as authorized
by An Act authorizing the laying of water mains and service sewers
in the District of Columbia, the levying of assessments therefor,
and for other purposes, approved April 22, 1904 (33 Stat. 244;
Public Law 58–140; D.C. Code, secs. 43–1512 through 43–1519);
the District of Columbia Public Works Act of 1954, approved May
18, 1954 (68 Stat. 101; Public Law 83–364); An Act to authorize
the Commissioners of the District of Columbia to borrow funds
for capital improvement programs and to amend provisions of law
relating to Federal Government participation in meeting costs of
maintaining the Nation’s Capital City, approved June 6, 1958 (72
Stat. 183; Public Law 85–451; including acquisition of sites,
preparation of plans and specifications, conducting preliminary sur-
veys, erection of structures, including building improvement and
alteration and treatment of grounds, to remain available until
expended: Provided, That $105,660,000 from local funds appro-
priated under this heading in prior fiscal years is rescinded: Pro-
vided further, That funds for use of each capital project implement-
ing agency shall be managed and controlled in accordance with
all procedures and limitations established under the Financial
Management System: Provided further, That all funds provided
by this appropriation title shall be available only for the specific
projects and purposes intended: Provided further, That notwith-
standing the foregoing, all authorizations for capital outlay projects,
except those projects covered by the first sentence of section 23(a)
of the Federal-Aid Highway Act of 1968, approved August 23,
1968 (82 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134,
note), for which funds are provided by this appropriation title,
shall expire on September 30, 1997, except authorizations for
projects as to which funds have been obligated in whole or in
part prior to September 30, 1997: Provided further, That upon
expiration of any such project authorization the funds provided
herein for the project shall lapse.
WATER AND SEWER ENTERPRISE FUND
For the Water and Sewer Enterprise Fund, $242,253,000 and
1,024 full-time equivalent positions (end-of-year) (including
$237,076,000 and 924 full-time equivalent positions from local
funds, $433,000 from other funds, and $4,744,000 and 100 full-
time equivalent positions from intra-District funds), of which
$41,036,000 shall be apportioned and payable to the debt service
fund for repayment of loans and interest incurred for capital
improvement projects.
For construction projects, $39,477,000 from Federal funds, as
authorized by An Act authorizing the laying of water mains and
service sewers in the District of Columbia, the levying of assess-
ments therefor, and for other purposes, approved April 22, 1904
(33 Stat. 244; Public Law 58–140; D.C. Code, sec. 43–1512 et
seq.): Provided, That the requirements and restrictions that are
applicable to general fund capital improvement projects and set
110 STAT. 1321–85 PUBLIC LAW 104–134—APR. 26, 1996
forth in this Act under the Capital Outlay appropriation title shall
apply to projects approved under this appropriation title.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise Fund, estab-
lished by the District of Columbia Appropriation Act for the fiscal
year ending September 30, 1982, approved December 4, 1981 (95
Stat. 1174, 1175; Public Law 97–91), as amended, for the purpose
of implementing the Law to Legalize Lotteries, Daily Numbers
Games, and Bingo and Raffles for Charitable Purposes in the Dis-
trict of Columbia, effective March 10, 1981 (D.C. Law 3–172; D.C.
Code, secs. 2–2501 et seq. and 22–1516 et seq.), $229,950,000 and
88 full-time equivalent positions (end-of-year) (including $7,950,000
and 88 full-time equivalent positions for administrative expenses
and $222,000,000 for non-administrative expenses from revenue
generated by the Lottery Board), to be derived from non-Federal
District of Columbia revenues: Provided, That the District of Colum-
bia shall identify the source of funding for this appropriation title
from the District’s own locally-generated revenues: Provided further,
That no revenues from Federal sources shall be used to support
the operations or activities of the Lottery and Charitable Games
Control Board.
CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, established by the
Cable Television Communications Act of 1981, effective October
22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et seq.),
$2,351,000 and 8 full-time equivalent positions (end-of-year) (includ-
ing $2,019,000 and 8 full-time equivalent positions from local funds
and $332,000 from other funds), of which $572,000 shall be trans-
ferred to the general fund of the District of Columbia.
STARPLEX FUND
For the Starplex Fund, $6,580,000 from other funds for the
expenses incurred by the Armory Board in the exercise of its powers
granted by An Act To Establish A District of Columbia Armory
Board, and for other purposes, approved June 4, 1948 (62 Stat.
339; D.C. Code, sec. 2–301 et seq.) and the District of Columbia
Stadium Act of 1957, approved September 7, 1957 (71 Stat. 619;
Public Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided, That
the Mayor shall submit a budget for the Armory Board for the
forthcoming fiscal year as required by section 442(b) of the District
of Columbia Self-Government and Governmental Reorganization
Act, approved December 24, 1973 (87 Stat. 824; Public Law 93–
198; D.C. Code, sec. 47–301(b)).
D.C. GENERAL HOSPITAL
For the District of Columbia General Hospital, established by
Reorganization Order No. 57 of the Board of Commissioners, effec-
tive August 15, 1953, $115,034,000, of which $56,735,000 shall
be derived by transfer as intra-District funds from the general
fund, $52,684,000 is to be derived from the other funds, and
$5,615,000 is to be derived from intra-District funds.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–86
D.C. RETIREMENT BOARD
For the D.C. Retirement Board, established by section 121
of the District of Columbia Retirement Reform Act of 1989, approved
November 17, 1989 (93 Stat. 866; D.C. Code, sec. 1–711),
$13,440,000 and 11 full-time equivalent positions (end-of-year) from
the earnings of the applicable retirement funds to pay legal,
management, investment, and other fees and administrative
expenses of the District of Columbia Retirement Board: Provided, Reports.
That the District of Columbia Retirement Board shall provide to
the Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of expendi-
tures of all funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to the
Council of the District of Columbia, an item accounting of the
planned use of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each
annual audited financial report.
CORRECTIONAL INDUSTRIES FUND
For the Correctional Industries Fund, established by the Dis-
trict of Columbia Correctional Industries Establishment Act,
approved October 3, 1964 (78 Stat. 1000; Public Law 88–622),
$10,516,000 and 66 full-time equivalent positions (end-of-year)
(including $3,415,000 and 22 full-time equivalent positions from
other funds and $7,101,000 and 44 full-time equivalent positions
from intra-District funds).
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise Fund,
$37,957,000, of which $5,400,000 shall be derived by transfer from
the general fund.
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND
MANAGEMENT ASSISTANCE AUTHORITY
For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section 101(a)
of the District of Columbia Financial Responsibility and Manage-
ment Assistance Act of 1995, approved April 17, 1995 (109 Stat.
97; Public Law 104–8), $3,500,000.
PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS
Notwithstanding any other provision of law, the Chief Financial
Officer established under section 302 of Public Law 104–8, approved
April 17, 1995 (109 Stat. 142) shall, on behalf of the Mayor, adjust
appropriations and expenditures for personal and nonpersonal serv-
ices, together with the related full-time equivalent positions, in
accordance with the direction of the District of Columbia Financial
Responsibility and Management Assistance Authority such that
there is a net reduction of $150,907,000, within or among one
or several of the various appropriation headings in this Title, pursu-
ant to section 208 of Public Law 104–8, approved April 17, 1995
(109 Stat. 134).
110 STAT. 1321–87 PUBLIC LAW 104–134—APR. 26, 1996
GENERAL PROVISIONS
Public inspection. SEC. 101. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to exist-
ing law.
SEC. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall
be audited before payment by the designated certifying official
and the vouchers as approved shall be paid by checks issued by
the designated disbursing official.
SEC. 103. Whenever in this Act, an amount is specified within
an appropriation for particular purposes or objects of expenditure,
such amount, unless otherwise specified, shall be considered as
the maximum amount that may be expended for said purpose
or object rather than an amount set apart exclusively therefor.
SEC. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned auto-
mobiles and motorcycles used for the performance of official duties
at rates established by the Mayor: Provided, That such rates shall
not exceed the maximum prevailing rates for such vehicles as
prescribed in the Federal Property Management Regulations 101–
7 (Federal Travel Regulations).
SEC. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor: Provided, That the Council of the
District of Columbia and the District of Columbia Courts may
expend such funds without authorization by the Mayor.
SEC. 106. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of judgments that have been
entered against the District of Columbia government: Provided,
That nothing contained in this section shall be construed as modify-
ing or affecting the provisions of section 11(c)(3) of title XII of
the District of Columbia Income and Franchise Tax Act of 1947,
approved March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C.
Code, sec. 47–1812.11(c)(3)).
SEC. 107. Appropriations in this Act shall be available for
the payment of public assistance without reference to the require-
ment of section 544 of the District of Columbia Public Assistance
Act of 1982, effective April 6, 1982 (D.C. Law 4–101; D.C. Code,
sec. 3–205.44), and for the non-Federal share of funds necessary
to qualify for Federal assistance under the Juvenile Delinquency
Prevention and Control Act of 1968, approved July 31, 1968 (82
Stat. 462; Public Law 90–445, 42 U.S.C. 3801 et seq.).
SEC. 108. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 109. No funds appropriated in this Act for the District
of Columbia government for the operation of educational institu-
tions, the compensation of personnel, or for other educational pur-
poses may be used to permit, encourage, facilitate, or further par-
tisan political activities. Nothing herein is intended to prohibit
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–88
the availability of school buildings for the use of any community
or partisan political group during non-school hours.
SEC. 110. The annual budget for the District of Columbia District of
government for the fiscal year ending September 30, 1997, shall Columbia budget.
be transmitted to the Congress no later than April 15, 1996 or
as provided for under the provisions of Public Law 104–8, approved
April 17, 1995.
SEC. 111. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the District
of Columbia government whose name, title, grade, salary, past
work experience, and salary history are not available for inspection
by the House and Senate Committees on Appropriations, the House
Committee on Government Reform and Oversight, District of
Columbia Subcommittee, the Subcommittee on Oversight of Govern-
ment Management, of the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or their duly
authorized representative: Provided, That none of the funds con-
tained in this Act shall be made available to pay the salary of
any employee of the District of Columbia government whose name
and salary are not available for public inspection.
SEC. 112. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making payments authorized by the District of Columbia Revenue
Recovery Act of 1977, effective September 23, 1977 (D.C. Law
2–20; D.C. Code, sec. 47–421 et seq.).
SEC. 113. No part of this appropriation shall be used for public-
ity or propaganda purposes or implementation of any policy includ-
ing boycott designed to support or defeat legislation pending before
Congress or any State legislature.
SEC. 114. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for capital
outlay borrowings: Provided, That within a reasonable time after Reports.
the close of each quarter, the Mayor shall report to the Council
of the District of Columbia and the Congress the actual borrowings
and spending progress compared with projections.
SEC. 115. The Mayor shall not borrow any funds for capital
projects unless the Mayor has obtained prior approval from the
Council of the District of Columbia, by resolution, identifying the
projects and amounts to be financed with such borrowings.
SEC. 116. The Mayor shall not expend any moneys borrowed
for capital projects for the operating expenses of the District of
Columbia government.
SEC. 117. None of the funds appropriated by this Act may
be obligated or expended by reprogramming except pursuant to
advance approval of the reprogramming granted according to the
procedure set forth in the Joint Explanatory Statement of the
Committee of Conference (House Report No. 96–443), which accom-
panied the District of Columbia Appropriation Act, 1980, approved
October 30, 1979 (93 Stat. 713; Public Law 96–93), as modified
in House Report No. 98–265, and in accordance with the Reprogram-
ming Policy Act of 1980, effective September 16, 1980 (D.C. Law
3–100; D.C. Code, sec. 47–361 et seq.): Provided, That for the
fiscal year ending September 30, 1996 the above shall apply except
as modified by Public Law 104–8.
SEC. 118. None of the Federal funds provided in this Act shall
be obligated or expended to provide a personal cook, chauffeur,
110 STAT. 1321–89 PUBLIC LAW 104–134—APR. 26, 1996
or other personal servants to any officer or employee of the District
of Columbia.
SEC. 119. None of the Federal Funds provided in this Act
shall be obligated or expended to procure passenger automobiles
as defined in the Automobile Fuel Efficiency Act of 1980, approved
October 10, 1980 (94 Stat. 1824; Public Law 96–425; 15 U.S.C.
2001(2)), with an Environmental Protection Agency estimated miles
per gallon average of less than 22 miles per gallon: Provided,
That this section shall not apply to security, emergency rescue,
or armored vehicles.
SEC. 120. (a) Notwithstanding section 422(7) of the District
of Columbia Self-Government and Governmental Reorganization
Act of 1973, approved December 24, 1973 (87 Stat. 790; Public
Law 93–198; D.C. Code, sec. 1–242(7)), the City Administrator
shall be paid, during any fiscal year, a salary at a rate established
by the Mayor, not to exceed the rate established for level IV of
the Executive Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting
the availability of funds for payment of salary or pay in any fiscal
year, the highest rate of pay established by the Mayor under sub-
section (a) of this section for any position for any period during
the last quarter of calendar year 1995 shall be deemed to be
the rate of pay payable for that position for September 30, 1995.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat.
793; Public Law 79–592; D.C. Code, sec. 5–803(a)), the Board of
Directors of the District of Columbia Redevelopment Land Agency
shall be paid, during any fiscal year, per diem compensation at
a rate established by the Mayor.
SEC. 121. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law
2–139; D.C. Code, sec. 1–601.1 et seq.), enacted pursuant to section
422(3) of the District of Columbia Self-Government and Govern-
mental Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–242(3)), shall
apply with respect to the compensation of District of Columbia
employees: Provided, That for pay purposes, employees of the Dis-
trict of Columbia government shall not be subject to the provisions
of title 5 of the United States Code.
SEC. 122. The Director of the Department of Administrative
Services may pay rentals and repair, alter, and improve rented
premises, without regard to the provisions of section 322 of the
Economy Act of 1932 (Public Law 72–212; 40 U.S.C. 278a), upon
a determination by the Director, that by reason of circumstances
set forth in such determination, the payment of these rents and
the execution of this work, without reference to the limitations
of section 322, is advantageous to the District in terms of economy,
efficiency, and the District’s best interest.
SEC. 123. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 1996, the Mayor
of the District of Columbia shall submit to the Council of the
District of Columbia the new fiscal year 1996 revenue estimates
as of the end of the first quarter of fiscal year 1996. These estimates
shall be used in the budget request for the fiscal year ending
September 30, 1997. The officially revised estimates at midyear
shall be used for the midyear report.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–90
SEC. 124. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
without opening that contract to the competitive bidding process
as set forth in section 303 of the District of Columbia Procurement
Practices Act of 1985, effective February 21, 1986 (D.C. Law 6–
85; D.C. Code, sec. 1–1183.3), except that the District of Columbia
Public Schools may renew or extend sole source contracts for which
competition is not feasible or practical, provided that the determina-
tion as to whether to invoke the competitive bidding process has
been made in accordance with duly promulgated Board of Education
rules and procedures.
SEC. 125. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, approved December 12, 1985 (99 Stat.
1037; Public Law 99–177), as amended, the term ‘‘program, project,
and activity’’ shall be synonymous with and refer specifically to
each account appropriating Federal funds in this Act, and any
sequestration order shall be applied to each of the accounts rather
than to the aggregate total of those accounts: Provided, That seques-
tration orders shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and Emer-
gency Deficit Control Act of 1985, approved December 12, 1985
(99 Stat. 1037; Public Law 99–177), as amended.
SEC. 126. In the event a sequestration order is issued pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985, approved December 12, 1985 (99 Stat. 1037: Public Law
99–177), as amended, after the amounts appropriated to the District
of Columbia for the fiscal year involved have been paid to the
District of Columbia, the Mayor of the District of Columbia shall
pay to the Secretary of the Treasury, within 15 days after receipt
of a request therefor from the Secretary of the Treasury, such
amounts as are sequestered by the order: Provided, That the seques- Sequestration.
tration percentage specified in the order shall be applied proportion-
ately to each of the Federal appropriation accounts in this Act
that are not specifically exempted from sequestration by the Bal-
anced Budget and Emergency Deficit Control Act of 1985, approved
December 12, 1985 (99 Stat. 1037; Public Law 99–177), as amended.
SEC. 127. For the fiscal year ending September 30, 1996, the
District of Columbia shall pay interest on its quarterly payments
to the United States that are made more than 60 days from the
date of receipt of an itemized statement from the Federal Bureau
of Prisons of amounts due for housing District of Columbia convicts
in Federal penitentiaries for the preceding quarter.
SEC. 128. Nothing in this Act shall be construed to authorize
any office, agency or entity to expend funds for programs or func-
tions for which a reorganization plan is required but has not been
approved by the Council pursuant to section 422(12) of the District
of Columbia Self-Government and Governmental Reorganization
Act of 1973, approved December 24, 1973 (87 Stat. 790; Public
Law 93–198; D.C. Code, sec. 1–242(12)) and the Governmental
Reorganization Procedures Act of 1981, effective October 17, 1981
(D.C. Law 4–42; D.C. Code, sec. 1–299.1 to 1–299.7). Appropriations
made by this Act for such programs or functions are conditioned
on the approval by the Council, prior to October 1, 1995, of the
required reorganization plans.
SEC. 129. (a) An entity of the District of Columbia government
may accept and use a gift or donation during fiscal year 1996
if—
110 STAT. 1321–91 PUBLIC LAW 104–134—APR. 26, 1996
(1) the Mayor approves the acceptance and use of the
gift or donation: Provided, That the Council of the District
of Columbia may accept and use gifts without prior approval
by the Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
Records. (b) Each entity of the District of Columbia government shall
Public inspection. keep accurate and detailed records of the acceptance and use of
any gift or donation under subsection (a) of this section, and shall
make such records available for audit and public inspection.
(c) For the purposes of this section, the term ‘‘entity of the
District of Columbia government’’ includes an independent agency
of the District of Columbia.
(d) This section shall not apply to the District of Columbia
Board of Education, which may, pursuant to the laws and regula-
tions of the District of Columbia, accept and use gifts to the public
schools without prior approval by the Mayor.
SEC. 130. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of
1979, effective March 10, 1981 (D.C. Law 3–171; D.C. Code, sec.
1–113(d)).
PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS
SEC. 131. None of the funds appropriated under this Act shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
PROHIBITION ON DOMESTIC PARTNERS ACT
SEC. 132. No funds made available pursuant to any provision
of this Act shall be used to implement or enforce any system
of registration of unmarried, cohabiting couples whether they are
homosexual, lesbian, or heterosexual, including but not limited
to registration for the purpose of extending employment, health,
or governmental benefits to such couples on the same basis that
such benefits are extended to legally married couples; nor shall
any funds made available pursuant to any provision of this Act
otherwise be used to implement or enforce D.C. Act 9–188, signed
by the Mayor of the District of Columbia on April 15, 1992.
COMPENSATION FOR THE COMMISSION ON JUDICIAL DISABILITIES
AND TENURE AND FOR THE JUDICIAL NOMINATION COMMISSION
SEC. 133. Sections 431(f) and 433(b)(5) of the District of Colum-
bia Self-Government and Governmental Reorganization Act,
approved December 24, 1973 (87 Stat. 813; Public Law 93–198;
D.C. Code, secs. 11–1524 and title 11, App. 433), are amended
to read as follows:
(a) Section 431(f) (D.C. Code, sec. 11–1524) is amended to
read as follows:
‘‘(f) Members of the Tenure Commission shall serve without
compensation for services rendered in connection with their official
duties on the Commission.’’.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–92
(b) Section 433(b)(5) (title 11, App. 433) is amended to read
as follows:
‘‘(5) Members of the Commission shall serve without compensa-
tion for services rendered in connection with their official duties
on the Commission.’’.
MULTIYEAR CONTRACTS
SEC. 134. Section 451 of the District of Columbia Self-Govern-
ment and Governmental Reorganization Act of 1973, approved
December 24, 1973 (87 Stat. 803; Public Law 93–198; D.C. Code,
sec. 1–1130), is amended by adding a new subsection (c) to read
as follows:
‘‘(c)(1) The District may enter into multiyear contracts to obtain
goods and services for which funds would otherwise be available
for obligation only within the fiscal year for which appropriated.
‘‘(2) If the funds are not made available for the continuation
of such a contract into a subsequent fiscal year, the contract shall
be cancelled or terminated, and the cost of cancellation or termi-
nation may be paid from—
‘‘(A) appropriations originally available for the performance
of the contract concerned;
‘‘(B) appropriations currently available for procurement of
the type of acquisition covered by the contract, and not other-
wise obligated; or
‘‘(C) funds appropriated for those payments.
‘‘(3) No contract entered into under this section shall be valid
unless the Mayor submits the contract to the Council for its
approval and the Council approves the contract (in accordance
with criteria established by act of the Council). The Council shall
be required to take affirmative action to approve the contract within
45 days. If no action is taken to approve the contract within 45
calendar days, the contract shall be deemed disapproved.’’.
CALCULATED REAL PROPERTY TAX RATE RESCISSION AND REAL
PROPERTY TAX FREEZE
SEC. 135. The District of Columbia Real Property Tax Revision
Act of 1974, approved September 3, 1974 (88 Stat. 1051; D.C.
Code, sec. 47–801 et seq.), is amended as follows:
(1) Section 412 (D.C. Code, sec. 47–812) is amended as
follows:
(A) Subsection (a) is amended by striking the third
and fourth sentences and inserting the following sentences
in their place: ‘‘If the Council does extend the time for
establishing the rates of taxation on real property, it must
establish those rates for the tax year by permanent legisla-
tion. If the Council does not establish the rates of taxation
of real property by October 15, and does not extend the
time for establishing rates, the rates of taxation applied
for the prior year shall be the rates of taxation applied
during the tax year.’’.
(B) A new subsection (a–2) is added to read as follows:
‘‘(a–2) Notwithstanding the provisions of subsection (a) of this
section, the real property tax rates for taxable real property in
the District of Columbia for the tax year beginning October 1,
1995, and ending September 30, 1996, shall be the same rates
110 STAT. 1321–93 PUBLIC LAW 104–134—APR. 26, 1996
in effect for the tax year beginning October 1, 1993, and ending
September 30, 1994.’’.
(2) Section 413(c) (D.C. Code, sec. 47–815(c)) is repealed.
PRISONS INDUSTRIES
SEC. 136. Title 18 U.S.C. 1761(b) is amended by striking the
period at the end and inserting the phrase ‘‘or not-for-profit
organizations.’’ in its place.
REPORTS ON REDUCTIONS
SEC. 137. Within 120 days of the effective date of this Act,
the Mayor shall submit to the Congress and the Council a report
delineating the actions taken by the executive to effect the directives
of the Council in this Act, including—
(1) negotiations with representatives of collective bargain-
ing units to reduce employee compensation;
(2) actions to restructure existing long-term city debt;
(3) actions to apportion the spending reductions anticipated
by the directives of this Act to the executive for unallocated
reductions; and
(4) a list of any position that is backfilled including descrip-
tion, title, and salary of the position.
MONTHLY REPORTING REQUIREMENTS—BOARD OF EDUCATION
SEC. 138. The Board of Education shall submit to the Congress,
Mayor, and Council of the District of Columbia no later than fifteen
(15) calendar days after the end of each month a report that
sets forth—
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year expendi-
ture projections vs. budget broken out on the basis of control
center, responsibility center, agency reporting code, and object
class, and for all funds, including capital financing.
(2) a breakdown of FTE positions and staff for the most
current pay period broken out on the basis of control center,
responsibility center, and agency reporting code within each
responsibility center, for all funds, including capital funds;
(3) a list of each account for which spending is frozen
and the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting code,
and for all funding sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains; the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center, responsibility center, and agency report-
ing code; and contract identifying codes used by the D.C. Public
Schools; payments made in the last month and year-to-date,
the total amount of the contract and total payments made
for the contract and any modifications, extensions, renewals;
and specific modifications made to each contract in the last
month;
(5) all reprogramming requests and reports that are
required to be, and have been submitted to the Board of Edu-
cation; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–94
(6) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names
of the organizational entities that have been changed, the name
of the staff member supervising each entity affected, and the
reasons for the structural change.
MONTHLY REPORTING REQUIREMENTS
UNIVERSITY OF THE DISTRICT OF COLUMBIA
SEC. 139. The University of the District of Columbia shall
submit to the Congress, Mayor, and Council of the District of
Columbia no later than fifteen (15) calendar days after the end
of each month a report that sets forth—
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year expendi-
ture projections vs. budget broken out on the basis of control
center, responsibility center, and object class, and for all funds,
including capital financing;
(2) a breakdown of FTE positions and all employees for
the most current pay period broken out on the basis of control
center, responsibility center, for all funds, including capital
funds;
(3) a list of each account for which spending is frozen
and the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains; the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center and responsibility center, and contract
identifying codes used by the University of the District of
Columbia; payments made in the last month and year-to-date,
the total amount of the contract and total payments made
for the contract and any modifications, extensions, renewals;
and specific modifications made to each contract in the last
month;
(5) all reprogramming requests and reports that have been
made by the University of the District of Columbia within
the last month in compliance with applicable law; and
(6) changes in the last month to the organizational struc-
ture of the University of the District of Columbia, displaying
previous and current control centers and responsibility centers,
the names of the organizational entities that have been
changed, the name of the staff member supervising each entity
affected, and the reasons for the structural change.
ANNUAL REPORTING REQUIREMENTS
SEC. 140. (a) The Board of Education of the District of Columbia
and the University of the District of Columbia shall annually com-
pile an accurate and verifiable report on the positions and employees
in the public school system and the university, respectively. The
annual report shall set forth—
(1) the number of validated schedule A positions in the
District of Columbia Public Schools and the University of the
District of Columbia for fiscal year 1995, fiscal year 1996,
110 STAT. 1321–95 PUBLIC LAW 104–134—APR. 26, 1996
and thereafter on full-time equivalent basis, including a com-
pilation of all positions by control center, responsibility center,
funding source, position type, position title, pay plan, grade,
and annual salary; and
(2) a compilation of all employees in the District of Colum-
bia Public Schools and the University of the District of Colum-
bia as of the preceding December 31, verified as to its accuracy
in accordance with the functions that each employee actually
performs, by control center, responsibility center, agency report-
ing code, program (including funding source), activity, location
for accounting purposes, job title, grade and classification,
annual salary, and position control number.
(b) SUBMISSION.—The annual report required by subsection (a)
shall be submitted to the Congress, the Mayor, the District of
Columbia Council, the Consensus Commission, and the Authority,
not later than May 1, 1996, and each February 15 thereafter.
ANNUAL BUDGETS AND BUDGET REVISIONS
SEC. 141. (a) Not later than October 1, 1995, or within 15
calendar days after the date of the enactment of the District of
Columbia Appropriations Act, 1996, whichever occurs later, and
each succeeding year, the Board of Education and the University
of the District of Columbia shall submit to the appropriate congres-
sional committees, the Mayor, the District of Columbia Council,
the Consensus Commission, and the Authority, a revised appro-
priated funds operating budget for the public school system and
the University of the District of Columbia for such fiscal year
that is in the total amount of the approved appropriation and
that realigns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual expendi-
tures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Board
of Education and the University of the District of Columbia submit
to the Mayor of the District of Columbia for inclusion in the Mayor’s
budget submission to the Council of the District of Columbia pursu-
ant to section 442 of the District of Columbia Self-Government
and Governmental Reorganization Act, Public Law 93–198, as
amended (D.C. Code, sec. 47–301).
BUDGET APPROVAL
SEC. 142. The Board of Education, the Board of Trustees of
the University of the District of Columbia, the Board of Library
Trustees, and the Board of Governors of the D.C. School of Law
shall vote on and approve their respective annual or revised budgets
before submission to the Mayor of the District of Columbia for
inclusion in the Mayor’s budget submission to the Council of the
District of Columbia in accordance with section 442 of the District
of Columbia Self-Government and Governmental Reorganization
Act, Public Law 93–198, as amended (D.C. Code, sec. 47–301),
or before submitting their respective budgets directly to the Council.
PUBLIC SCHOOL EMPLOYEE EVALUATIONS
SEC. 143. Notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for evaluating
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–96
District of Columbia Public Schools employees shall be a non-
negotiable item for collective bargaining purposes.
POSITION VACANCIES
SEC. 144. (a) No agency, including an independent agency,
shall fill a position wholly funded by appropriations authorized
by this Act, which is vacant on October 1, 1995, or becomes vacant
between October 1, 1995, and September 30, 1996, unless the Mayor
or independent agency submits a proposed resolution of intent
to fill the vacant position to the Council. The Council shall be
required to take affirmative action on the Mayor’s resolution within
30 legislative days. If the Council does not affirmatively approve
the resolution within 30 legislative days, the resolution shall be
deemed disapproved.
(b) No reduction in the number of full-time equivalent positions
or reduction-in-force due to privatization or contracting out shall
occur if the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section 101(a)
of the District of Columbia Financial Responsibility and Manage-
ment Assistance Act of 1995, approved April 17, 1995 (109 Stat.
97; Public Law 104–8), disallows the full-time equivalent position
reduction provided in this act in meeting the maximum ceiling
of 35,984 for the fiscal year ending September 30, 1996.
(c) This section shall not prohibit the appropriate personnel
authority from filling a vacant position with a District government
employee currently occupying a position that is funded with appro-
priated funds.
(d) This section shall not apply to local school-based teachers,
school-based officers, or school-based teachers’ aides; or court
personnel covered by title 11 of the D.C. Code, except chapter
23.
MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-FORCE
PROCEDURES
SEC. 145. The District of Columbia Government Comprehensive
Merit Personnel Act of 1978, (D.C. Code, sec. 1–601.1 et seq.)
is amended—
(1) in section 301 (D.C. Code, sec. 1.603.1)—
(A) by inserting after paragraph (13), the following
new paragraph:
‘‘(13A) The term ‘nonschool-based personnel’ means any
employee of the District of Columbia public schools who is
not based at a local school or who does not provide direct
services to individual students.’’; and
(B) by inserting after paragraph (15), the following
new paragraph:
‘‘(15A) The term ‘school administrators’ means principals,
assistant principals, school program directors, coordinators,
instructional supervisors, and support personnel of the District
of Columbia public schools.’’;
(2) in section 801A(b)(2) (D.C. Code, sec. 1–609.1(b)(2)(L)—
(A) by striking ‘‘(L) reduction-in-force’’ and inserting
‘‘(L)(i) reduction-in-force’’; and
(B) by inserting after subparagraph (L)(i), the following
new clause:
110 STAT. 1321–97 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(ii) Notwithstanding any other provision of law, the
Board of Education shall not issue rules that require or
permit nonschool-based personnel or school administrators
to be assigned or reassigned to the same competitive level
as classroom teachers;’’; and
(3) in section 2402 (D.C. Code, sec. 1–625.2), by adding
at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the Board
of Education shall not require or permit nonschool-based personnel
or school administrators to be assigned or reassigned to the same
competitive level as classroom teachers.’’.
SEC. 146. (a) Notwithstanding any other provision of law, rule,
or regulation, an employee of the District of Columbia Public Schools
shall be—
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competi-
tive area from nonschool-based personnel who shall not compete
with school-based personnel for retention purposes.
SEC. 147. None of the funds provided in this Act may be
used directly or indirectly for the renovation of the property located
at 227 7th Street Southeast (commonly known as Eastern Market),
except that funds provided in this Act may be used for the regular
maintenance and upkeep of the current structure and grounds
located at such property.
CAPITAL PROJECT EMPLOYEES
Reports. SEC. 148. (a) Not later than 15 days after the end of every
fiscal quarter (beginning October 1, 1995), the Mayor shall submit
to the Council of the District of Columbia, the District of Columbia
Financial Responsibility and Management Assistance Authority,
and the Committees on Appropriations of the House of Representa-
tives and the Senate a report with respect to the employees on
the capital project budget for the previous quarter.
(b) Each report submitted pursuant to subsection (a) of this
section shall include the following information—
(1) a list of all employees by position, title, grade and
step;
(2) a job description, including the capital project for which
each employee is working;
(3) the date that each employee began working on the
capital project and the ending date that each employee com-
pleted or is projected to complete work on the capital project;
and
(4) a detailed explanation justifying why each employee
is being paid with capital funds.
MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES
SEC. 149. The District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law
2–139; D.C. Code, sec. 1–601.1 et seq.), is amended as follows:
(a) Section 2401 (D.C. Code, sec. 1–625.1) is amended by
amending the third sentence to read as follows: ‘‘A personnel
authority may establish lesser competitive areas within an
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–98
agency on the basis of all or a clearly identifiable segment
of an agency’s mission or a division or major subdivision of
an agency.’’.
(b) A new section 2406 is added to read as follows:
‘‘SEC. 2406. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1996.
‘‘(a) Notwithstanding any other provision of law, regulation,
or collective bargaining agreement either in effect or to be
negotiated while this legislation is in effect for the fiscal year
ending September 30, 1996, each agency head is authorized,
within the agency head’s discretion, to identify positions for
abolishment.
‘‘(b) Prior to August 1, 1996, each personnel authority
shall make a final determination that a position within the
personnel authority is to be abolished.
‘‘(c) Notwithstanding any rights or procedures established
by any other provision of this title, any District government
employee, regardless of date of hire, who encumbers a position
identified for abolishment shall be separated without competi-
tion or assignment rights, except as provided in this section.
‘‘(d) An employee affected by the abolishment of a position
pursuant to this section who, but for this section would be
entitled to compete for retention, shall be entitled to 1 round
of lateral competition pursuant to Chapter 24 of the District
of Columbia Personnel Manual, which shall be limited to posi-
tions in the employee’s competitive level.
‘‘(e) Each employee who is a bona fide resident of the
District of Columbia shall have added 5 years to his or her
creditable service for reduction-in-force purposes. For purposes
of this subsection only, a nonresident District employee who
was hired by the District government prior to January 1, 1980,
and has not had a break in service since that date, or a
former employee of the U.S. Department of Health and Human
Services at Saint Elizabeths Hospital who accepted employment
with the District government on October 1, 1987, and has
not had a break in service since that date, shall be considered
a District resident.
‘‘(f) Each employee selected for separation pursuant to this
section shall be given written notice of at least 30 days before
the effective date of his or her separation.
‘‘(g) Neither the establishment of a competitive area smaller
than an agency, nor the determination that a specific position
is to be abolished, nor separation pursuant to this section
shall be subject to review except as follows—
‘‘(1) an employee may file a complaint contesting a
determination or a separation pursuant to title XV of this
Act or section 303 of the Human Rights Act of 1977, effec-
tive December 13, 1977 (D.C. Law 2–38; D.C. Code, sec.
1–2543); and
‘‘(2) an employee may file with the Office of Employee
Appeals an appeal contesting that the separation proce-
dures of subsections (d) and (f) of this section were not
properly applied.
‘‘(h) An employee separated pursuant to this section shall
be entitled to severance pay in accordance with title XI of
this Act, except that the following shall be included in comput-
ing creditable service for severance pay for employees separated
pursuant to this section—
110 STAT. 1321–99 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(1) four years for an employee who qualified for veter-
an’s preference under this Act, and
‘‘(2) three years for an employee who qualified for
residency preference under this Act.
‘‘(i) Separation pursuant to this section shall not affect an
employee’s rights under either the Agency Reemployment Priority
Program or the Displaced Employee Program established pursuant
to Chapter 24 of the District Personnel Manual.
‘‘(j) The Mayor shall submit to the Council a listing of all
positions to be abolished by agency and responsibility center by
March 1, 1996, or upon the delivery of termination notices to
individual employees.
‘‘(k) Notwithstanding the provisions of section 1708 or section
2402(d), the provisions of this Act shall not be deemed negotiable.
‘‘(l) A personnel authority shall cause a 30-day termination
notice to be served, no later than September 1, 1996, on any
incumbent employee remaining in any position identified to be
abolished pursuant to subsection (b) of this section’’.
OPERATING EXPENSES AND GRANTS
SEC. 150. (a) CEILING ON TOTAL OPERATING EXPENSES.—Not-
withstanding any other provision of law, the total amount appro-
priated in this Act for operating expenses for the District of Colum-
bia for fiscal year 1996 under the caption ‘‘Division of Expenses’’
shall not exceed $4,994,000,000 of which $165,339,000 shall be
from intra-District funds.
(b) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN CEIL-
ING.—
(1) IN GENERAL.—Notwithstanding subsection (a), the
Mayor of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the Dis-
trict government that are not reflected in the amounts appro-
priated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND
FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE
AUTHORITY APPROVAL.—No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph
(1) until—
(A) the Chief Financial Officer of the District submits
to the District of Columbia Financial Responsibility and
Management Assistance Authority established by Public
Law 104–8 (109 Stat. 97) a report setting forth detailed
information regarding such grant; and
(B) the District of Columbia Financial Responsibility
and Management Assistance Authority has reviewed and
approved the acceptance, obligation, and expenditure of
such grant in accordance with review and approval proce-
dures consistent with the provisions of Public Law 104–
8.
(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL
OR RECEIPT.—No amount may be obligated or expended from
the general fund or other funds of the District government
in anticipation of the approval or receipt of a grant under
paragraph (2)(B) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to such para-
graph.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–100
(4) MONTHLY REPORTS.—The Chief Financial Officer of the
District shall prepare a monthly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this subsection. Each such report shall be submitted
to the Council of the District of Columbia, and to the Commit-
tees on Appropriations of the House of Representatives and
the Senate, not later than 15 days after the end of the month
covered by the report.
DEVELOPMENT OF PLANS REGARDING DISTRICT OF COLUMBIA
CORRECTIONS
SEC. 151. (a) PLAN FOR SHORT-TERM IMPROVEMENTS.—
(1) IN GENERAL.—Not later than July 1, 1996, the National
Institute of Corrections (acting for and on behalf of the District
of Columbia) shall enter into an agreement with a private
contractor to develop a plan for short-term improvements in
the administration of the District of Columbia Department
of Corrections (hereafter referred to as the ‘‘Department’’) and
the administration and physical plant of the Lorton Correctional
Complex (hereafter referred to as the ‘‘Complex’’) which may
be initiated during a period not to exceed 5 months.
(2) CONTENTS OF PLAN.—The plan developed under para-
graph (1) shall address the following issues:
(A) The reorganization of the central office of the
Department, including the consolidation of units and the
redeployment of personnel.
(B) The establishment of a centralized inmate classi-
fication unit.
(C) The implementation of a revised classification sys-
tem for sentenced inmates.
(D) The development of a projection for the number
of inmates under the authority of the Department over
a 10-year period.
(E) The improvement of Department security oper-
ations.
(F) Capital improvements.
(G) The preparation of a methodology for developing
and assessing options for the long-term status of the Com-
plex and the Department (consistent with the requirements
for the development of plans under subsection (b)).
(H) Other appropriate miscellaneous issues.
(3) SUBMISSION OF PLAN.—Upon completing the plan under
paragraph (1) (but in no event later than September 30, 1996),
the National Institute of Corrections shall submit the plan
to the Mayor of the District of Columbia, the President, Con-
gress, and the District of Columbia Financial Responsibility
and Management Assistance Authority.
(b) OPTIONAL PLANS FOR LONG-TERM TREATMENT OF COM-
PLEX.—
(1) IN GENERAL.—Not later than July 1, 1996, the National Contracts.
Institute of Corrections (acting for and on behalf of the District
of Columbia) shall enter into an agreement with a private
contractor to develop a series of alternative plans regarding
the long-term status of the Complex and the future operations
of the Department, including the following:
110 STAT. 1321–101 PUBLIC LAW 104–134—APR. 26, 1996
(A) A separate plan under which the Complex will
be closed and inmates transferred to new facilities con-
structed and operated by private entities.
(B) A separate plan under which the Complex will
remain in operation under the management of the District
of Columbia subject to such modifications as the District
considers appropriate.
(C) A separate plan under which the Federal govern-
ment will operate the Complex and inmates will be sen-
tenced and treated in accordance with guidelines applicable
to Federal prisoners.
(D) A separate plan under which the Complex will
be operated under private management.
(E) Such other plans as the District of Columbia con-
sider appropriate.
(2) REQUIREMENTS FOR PLANS.—Each of the alternative
plans developed under paragraph (1) shall meet the following
requirements:
(A) The plan shall provide for an appropriate transition
period for implementation (not to exceed 5 years) to begin
January 1, 1997.
(B) The plan shall specify the extent to which the
Department will utilize alternative and cost-effective
management methods, including the use of private manage-
ment and vendors for the operation of the facilities and
activities of the Department, including (where appropriate)
the Complex.
(C) The plan shall include an implementation schedule
specifying timetables for the completion of all significant
activities, including site selection for new facilities, design,
financing, construction, recruitment and hiring of person-
nel, training, adoption of new policies and procedures, and
the establishment of essential administrative organiza-
tional structures to carry out the plan.
(D) In determining the bed capacity required for the
Department through 2002, the plan shall use the popu-
lation projections developed under the plan under sub-
section (a).
(E) The plan shall identify any Federal or District
legislation which is required to be enacted, and any District
regulations, policies, or procedures which are required to
be adopted, in order for the plan to take effect.
(F) The plan shall take into account any court orders
and consent decrees in effect with respect to the Depart-
ment and shall describe how the plan will enable the
District to comply with such orders and decrees.
(G) The plan shall include estimates of the operating
and capital expenses for the Department for each year
of the plan’s transition period, together with the primary
assumptions underlying such estimates.
(H) The plan shall require the Mayor of the District
of Columbia to submit a semi-annual report to the Presi-
dent, Congress, and the District of Columbia Financial
Responsibility and Management Assistance Authority
describing the actions taken by the District under the
plan, and in addition shall require the Mayor to regularly
report to the President, Congress, and the District of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–102
Columbia Financial Responsibility and Management Assist-
ance Authority on all measures taken under the plan as
soon as such measures are taken.
(I) For each year for which the plan is in effect, the
plan shall be consistent with the financial plan and budget
for the District of Columbia for the year under subtitle
A of title II of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995.
(3) SUBMISSION OF PLAN.—Upon completing the develop-
ment of the alternative plans under paragraph (1) (but in
no event later than December 31, 1996), the National Institute
of Corrections shall submit the plan to the Mayor of the District
of Columbia, the President, Congress, and the District of Colum-
bia Financial Responsibility and Management Assistance
Authority.
CHIEF FINANCIAL OFFICER POWERS
SEC. 152. Notwithstanding any other provision of law, for the
fiscal years ending September 30, 1996 and September 30, 1997—
(a) the heads and all personnel of the following offices,
together with all other District of Columbia executive branch
accounting, budget, and financial management personnel, shall
be appointed by, shall serve at the pleasure of, and shall
act under the direction and control of the Chief Financial
Officer:
The Office of the Treasurer.
The Controller of the District of Columbia.
The Office of the Budget.
The Office of Financial Information Services.
The Department of Finance and Revenue.
The District of Columbia Financial Responsibility and Management
Assistance Authority established pursuant to Public Law 104–8,
approved April 17, 1995, may remove such individuals from office
for cause, after consultation with the Mayor and the Chief Financial
Officer.
(b) the Chief Financial Officer shall prepare and submit
to the Mayor, for inclusion in the annual budget of the District
of Columbia under part D of title IV of the District of Columbia
Self-Government and Governmental Reorganization Act of
1993, approved December 24, 1973 (87 Stat. 774; Public Law
93–198), as amended, for fiscal years 1996, 1997 and 1998,
annual estimates of the expenditures and appropriations nec-
essary for the operation of the Office of the Chief Financial
Officer for the year. All such estimates shall be forwarded
by the Mayor to the Council of the District of Columbia for
its action pursuant to sections 446 and 603(c) of such Act,
without revision but subject to recommendations. Notwith-
standing any other provisions of such Act, the Council may
comment or make recommendations concerning such estimates,
but shall have no authority to revise such estimates.
TECHNICAL CORRECTIONS TO FINANCIAL RESPONSIBILITY AND
MANAGEMENT ASSISTANCE ACT
SEC. 153. (a) REQUIRING GSA TO PROVIDE SUPPORT SERVICES.—
Section 103(f) of the District of Columbia Financial Responsibility
110 STAT. 1321–103 PUBLIC LAW 104–134—APR. 26, 1996
and Management Assistance Act of 1995 is amended by striking
‘‘may provide’’ and inserting ‘‘shall promptly provide’’.
(b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS FOR INDIVID-
UALS WHO BECOME EMPLOYED BY THE AUTHORITY.—
(1) FORMER FEDERAL EMPLOYEES.—Subsection (e) of section
102 of such Act is amended to read as follows:
‘‘(e) PRESERVATION OF RETIREMENT AND CERTAIN OTHER RIGHTS
OF FEDERAL EMPLOYEES WHO BECOME EMPLOYED BY THE AUTHOR-
ITY.—
‘‘(1) IN GENERAL.—Any Federal employee who becomes
employed by the Authority—
‘‘(A) may elect, for the purposes set forth in paragraph
(2)(A), to be treated, for so long as that individual remains
continuously employed by the Authority, as if such individ-
ual had not separated from service with the Federal
Government, subject to paragraph (3); and
‘‘(B) shall, if such employee subsequently becomes
reemployed by the Federal Government, be entitled to have
such individual’s service with the Authority treated, for
purposes of determining the appropriate leave accrual rate,
as if it had been service with the Federal Government.
‘‘(2) EFFECT OF AN ELECTION.—An election made by an
individual under the provisions of paragraph (1)(A)—
‘‘(A) shall qualify such individual for the treatment
described in such provisions for purposes of—
‘‘(i) chapter 83 or 84 of title 5, United States Code,
as appropriate (relating to retirement), including the
Thrift Savings Plan;
‘‘(ii) chapter 87 of such title (relating to life insur-
ance); and
‘‘(iii) chapter 89 of such title (relating to health
insurance); and
‘‘(B) shall disqualify such individual, while such elec-
tion remains in effect, from participating in the programs
offered by the government of the District of Columbia (if
any) corresponding to the respective programs referred to
in subparagraph (A).
‘‘(3) CONDITIONS FOR AN ELECTION TO BE EFFECTIVE.—An
election made by an individual under paragraph (1)(A) shall
be ineffective unless—
‘‘(A) it is made before such individual separates from
service with the Federal Government; and
‘‘(B) such individual’s service with the Authority com-
mences within 3 days after so separating (not counting
any holiday observed by the government of the District
of Columbia).
‘‘(4) CONTRIBUTIONS.—If an individual makes an election
under paragraph (1)(A), the Authority shall, in accordance with
applicable provisions of law referred to in paragraph (2)(A),
be responsible for making the same deductions from pay and
the same agency contributions as would be required if it were
a Federal agency.
‘‘(5) REGULATIONS.—Any regulations necessary to carry out
this subsection shall be prescribed in consultation with the
Authority by—
‘‘(A) the Office of Personnel Management, to the extent
that any program administered by the office is involved;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–104
‘‘(B) the appropriate office or agency of the government
of the District of Columbia, to the extent that any program
administered by such office or agency is involved; and
‘‘(C) the Executive Director referred to in section 8474
of title 5, United States Code, to the extent that the Thrift
Savings Plan is involved.’’.
(2) OTHER INDIVIDUALS.—Section 102 of such Act is further
amended by adding at the end the following:
‘‘(f) FEDERAL BENEFITS FOR OTHERS.—
‘‘(1) IN GENERAL.—The Office of Personnel Management,
in conjunction with each corresponding office or agency of the
government of the District of Columbia and in consultation
with the Authority, shall prescribe regulations under which
any individual who becomes employed by the Authority (under
circumstances other than as described in subsection (e)) may
elect either—
‘‘(A) to be deemed a Federal employee for purposes
of the programs referred to in subsection (e)(2)(A) (i)–(iii);
or
‘‘(B) to participate in 1 or more of the corresponding
programs offered by the government of the District of
Columbia.
‘‘(2) EFFECT OF AN ELECTION.—An individual who elects
the option under subparagraph (A) or (B) of paragraph (1)
shall be disqualified, while such election remains in effect,
from participating in any of the programs referred to in the
other such subparagraph.
‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE OR AGENCY’.—
For purposes of paragraph (1), the term ‘corresponding office
or agency of the government of the District of Columbia’ means,
with respect to any program administered by the Office of
Personnel Management, the office or agency responsible for
administering the corresponding program (if any) offered by
the government of the District of Columbia.
‘‘(4) THRIFT SAVINGS PLAN.—To the extent that the Thrift
Savings Plan is involved, the preceding provisions of this sub-
section shall be applied by substituting ‘the Executive Director
referred to in section 8474 of title 5, United States Code’
for ‘the Office of Personnel Management’.’’.
(3) ‘‘Effective date; additional election for former federal
employees serving on date of enactment; election for employees
appointed during interim period.—
(A) EFFECTIVE DATE.—Not later than 6 months after
the date of enactment of this Act, there shall be prescribed
in consultation with the Authority (and take effect)—
(i) regulations to carry out the amendments made
by this subsection; and
(ii) any other regulations necessary to carry out
this subsection.
(B) ADDITIONAL ELECTION FOR FORMER FEDERAL
EMPLOYEES SERVING ON DATE OF ENACTMENT.—
(i) IN GENERAL.—Any former Federal employee
employed by the Authority on the effective date of
the regulations referred to in subparagraph (A)(i) may,
within such period as may be provided for under those
regulations, make an election similar, to the maximum
extent practicable, to the election provided for under
110 STAT. 1321–105 PUBLIC LAW 104–134—APR. 26, 1996
section 102(e) of the District of Columbia Financial
Responsibility and Management Assistance Act of
1995, as amended by this subsection. Such regulations
shall be prescribed jointly by the Office of Personnel
Management and each corresponding office or agency
of the government of the District of Columbia (in the
same manner as provided for in section 102(f) of such
Act, as so amended).
(ii) EXCEPTION.—An election under this subpara-
graph may not be made by any individual who—
(I) is not then participating in a retirement
system for Federal employees (disregarding Social
Security); or
(II) is then participating in any program of
the government of the District of Columbia
referred to in section 102(e)(2)(B) of such Act (as
so amended).
(C) ELECTION FOR EMPLOYEES APPOINTED DURING
INTERIM PERIOD.—
(i) FROM THE FEDERAL GOVERNMENT.—Subsection
(e) of section 102 of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995
(as last in effect before the date of enactment of this
Act) shall be deemed to have remained in effect for
purposes of any Federal employee who becomes
employed by the District of Columbia Financial
Responsibility and Management Assistance Authority
during the period beginning on such date of enactment
and ending on the day before the effective date of
the regulations prescribed to carry out subparagraph
(B).
(ii) OTHER INDIVIDUALS.—The regulations pre-
scribed to carry out subsection (f) of section 102 of
the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (as amended by
this subsection) shall include provisions under which
an election under such subsection shall be available
to any individual who—
(I) becomes employed by the District of Colum-
bia Financial Responsibility and Management
Assistance Authority during the period beginning
on the date of enactment of this Act and ending
on the day before the effective date of such regula-
tions;
(II) would have been eligible to make an elec-
tion under such regulations had those regulations
been in effect when such individual became so
employed; and
(III) is not then participating in any program
of the government of the District of Columbia
referred to in subsection (f)(1)(B) of such section
102 (as so amended).
(c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR AUTHORITY
EMPLOYEES.—Section 104 of such Act is amended—
(1) by striking ‘‘the Authority and its members’’ and insert-
ing ‘‘the Authority, its members, and its employees’’; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–106
(2) by striking ‘‘the District of Columbia’’ and inserting
‘‘the Authority or its members or employees or the District
of Columbia’’.
(d) PERMITTING REVIEW OF EMERGENCY LEGISLATION.—Section
203(a)(3) of such Act is amended by striking subparagraph (C).
ESTABLISHMENT OF EXCLUSIVE ACCOUNTS FOR BLUE PLAINS
ACTIVITIES
SEC. 154. (a) OPERATION AND MAINTENANCE ACCOUNT.—
(1) CONTENTS OF ACCOUNT.—There is hereby established
within the Water and Sewer Enterprise Fund the Operation
and Maintenance Account, consisting of all funds paid to the
District of Columbia on or after the date of the enactment
of this Act which are—
(A) attributable to waste water treatment user charges;
(B) paid by users jurisdictions for the operation and
maintenance of the Blue Plains Wastewater Treatment
Facility and related waste water treatment works; or
(C) appropriated or otherwise provided for the oper-
ation and maintenance of the Blue Plains Wastewater
Treatment Facility and related waste water treatment
works.
(2) USE OF FUNDS IN ACCOUNT.—Funds in the Operation
and Maintenance Account shall be used solely for funding the
operation and maintenance of the Blue Plains Wastewater
Treatment Facility and related waste water treatment works
and may not be obligated or expended for any other purpose,
and may be used for related debt service and capital costs
if such funds are not attributable to user charges assessed
for purposes of section 204(b)(1) of the Federal Water Pollution
Control Act.
(b) EPA GRANT ACCOUNT.—
(1) CONTENTS OF ACCOUNT.—There is hereby established
within the Water and Sewer Enterprise Fund and EPA Grant
Account, consisting of all funds paid to the District of Columbia
on or after the date of the enactment of this Act which are—
(A) attributable to grants from the Environmental
Protection Agency for construction at the Blue Plains
Wastewater Treatment Facility and related waste water
treatment works; or
(B) appropriated or otherwise provided for construction
at the Blue Plains Wastewater Treatment Facility and
related waste water treatment works.
(2) USE OF FUNDS IN ACCOUNT.—Funds in the EPA Grant
Account shall be used solely for the purposes specified under
the terms of the grants and appropriations involved, and may
not be obligated or expended for any other purpose.
POLICE AND FIRE FIGHTER DISABILITY RETIREMENTS
SEC. 155. (a) Up to 50 police officers and up to 50 Fire and
Emergency Medical Services members with less than 20 years of
departmental service who were hired before February 14, 1980,
and who retire on disability before the end of calendar year 1996
shall be excluded from the computation of the rate of disability
retirements under subsection 145(a) of the District of Columbia
Retirement Reform Act of 1979 (93 Stat. 882; D.C. Code, sec.
110 STAT. 1321–107 PUBLIC LAW 104–134—APR. 26, 1996
1–725(a)), for purposes of reducing the authorized Federal payment
to the District of Columbia Police Officers and Fire Fighters’ Retire-
ment Fund pursuant to subsection 145(c) of the District of Columbia
Retirement Reform Act of 1979.
(b) The Mayor, within 30 days after the enactment of this
provision, shall engage an enrolled actuary, to be paid by the
District of Columbia Retirement Board, and shall comply with the
requirements of section 142(d) and section 144(d) of the District
of Columbia Retirement Reform Act of 1979 (Public Law 96–122,
approved November 17, 1979; D.C. Code, secs. 1–722(d) and 1–
724(d)).
(c) This section shall not go into effect until 15 days after
the Mayor transmits the actuarial report required by section 142(d)
of the District of Columbia Retirement Reform Act of 1979 (Public
Law 96–122, approved November 17, 1979) to the D.C. Retirement
Board, the Speaker of the House of Representatives, and the Presi-
dent pro tempore of the Senate.
CONVEYANCE OF CERTAIN PROPERTY TO ARCHITECT OF THE CAPITOL
D.C. Village. SEC. 156. Pursuant to section 1(b)(2) of Public Law 98–340
and in accordance with the agreement entered into between the
Architect of the Capitol and the District of Columbia pursuant
to such Act (as executed on September 28, 1984), not later than
30 days after the date of the enactment of this Act the District
of Columbia shall convey without consideration by general warranty
deed to the Architect of the Capitol on behalf of the United States
all right, title, and interest of the District of Columbia in the
real property (including improvements and appurtenances thereon)
within the area known as ‘‘D.C. Village’’ and described in Attach-
ment A of the agreement.
This title may be cited as the ‘‘District of Columbia Appropria-
tions Act, 1996’’.
District of TITLE II—DISTRICT OF COLUMBIA SCHOOL
Columbia School
Reform Act of REFORM
1995.
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘District of Columbia School
Reform Act of 1995’’.
SEC. 2002. DEFINITIONS.
Except as otherwise provided, for purposes of this title:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations
of the Senate;
(B) the Committee on Economic and Educational
Opportunities of the House of Representatives and the
Committee on Labor and Human Resources of the Senate;
and
(C) the Committee on Government Reform and Over-
sight of the House of Representatives and the Committee
on Governmental Affairs of the Senate.
(2) AUTHORITY.—The term ‘‘Authority’’ means the District
of Columbia Financial Responsibility and Management Assist-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–108
ance Authority established under section 101(a) of the District
of Columbia Financial Responsibility and Management Assist-
ance Act of 1995 (Public Law 104–8).
(3) AVERAGE DAILY ATTENDANCE.—The term ‘‘average daily
attendance’’ means the aggregate attendance of students of
the school during the period divided by the number of days
during the period in which—
(A) the school is in session; and
(B) the students of the school are under the guidance
and direction of teachers.
(4) AVERAGE DAILY MEMBERSHIP.—The term ‘‘average daily
membership’’ means the aggregate enrollment of students of
the school during the period divided by the number of days
during the period in which—
(A) the school is in session; and
(B) the students of the school are under the guidance
and direction of teachers.
(5) BOARD OF EDUCATION.—The term ‘‘Board of Education’’
means the Board of Education of the District of Columbia.
(6) BOARD OF TRUSTEES.—The term ‘‘Board of Trustees’’
means the governing board of a public charter school, the
members of which are selected pursuant to the charter granted
to the school and in a manner consistent with this title.
(7) CONSENSUS COMMISSION.—The term ‘‘Consensus
Commission’’ means the Commission on Consensus Reform
in the District of Columbia public schools established under
subtitle H.
(8) CORE CURRICULUM.—The term ‘‘core curriculum’’ means
the concepts, factual knowledge, and skills that students in
the District of Columbia should learn in kindergarten through
grade 12 in academic content areas, including, at a minimum,
English, mathematics, science, and history.
(9) DISTRICT OF COLUMBIA COUNCIL.—The term ‘‘District
of Columbia Council’’ means the Council of the District of
Columbia established pursuant to section 401 of the District
of Columbia Self-Government and Governmental Reorganiza-
tion Act (D.C. Code, sec. 1–221).
(10) DISTRICT OF COLUMBIA GOVERNMENT.—
(A) IN GENERAL.—The term ‘‘District of Columbia
Government’’ means the government of the District of
Columbia, including—
(i) any department, agency, or instrumentality of
the government of the District of Columbia;
(ii) any independent agency of the District of
Columbia established under part F of title IV of the
District of Columbia Self-Government and Govern-
mental Reorganization Act;
(iii) any other agency, board, or commission estab-
lished by the Mayor or the District of Columbia Coun-
cil;
(iv) the courts of the District of Columbia;
(v) the District of Columbia Council; and
(vi) any other agency, public authority, or public
nonprofit corporation that has the authority to receive
moneys directly or indirectly from the District of
Columbia (other than moneys received from the sale
110 STAT. 1321–109 PUBLIC LAW 104–134—APR. 26, 1996
of goods, the provision of services, or the loaning of
funds to the District of Columbia).
(B) EXCEPTION.—The term ‘‘District of Columbia
Government’’ neither includes the Authority nor a public
charter school.
(11) DISTRICT OF COLUMBIA GOVERNMENT RETIREMENT SYS-
TEM.—The term ‘‘District of Columbia Government retirement
system’’ means the retirement programs authorized by the Dis-
trict of Columbia Council or the Congress for employees of
the District of Columbia Government.
(12) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—
(A) IN GENERAL.—The term ‘‘District of Columbia pub-
lic school’’ means a public school in the District of Columbia
that offers classes—
(i) at any of the grade levels from prekindergarten
through grade 12; or
(ii) leading to a secondary school diploma, or its
recognized equivalent.
(B) EXCEPTION.—The term ‘‘District of Columbia public
school’’ does not include a public charter school.
(13) DISTRICTWIDE ASSESSMENTS.—The term ‘‘districtwide
assessments’’ means a variety of assessment tools and strate-
gies (including individual student assessments under subpara-
graph (E)(ii)) administered by the Superintendent to students
enrolled in District of Columbia public schools and public char-
ter schools that—
(A) are aligned with the District of Columbia’s content
standards and core curriculum;
(B) provide coherent information about student attain-
ment of such standards;
(C) are used for purposes for which such assessments
are valid, reliable, and unbiased, and are consistent with
relevant nationally recognized professional and technical
standards for such assessments;
(D) involve multiple up-to-date measures of student
performance, including measures that assess higher order
thinking skills and understanding; and
(E) provide for—
(i) the participation in such assessments of all
students;
(ii) individual student assessments for students
that fail to reach minimum acceptable levels of
performance;
(iii) the reasonable adaptations and accommoda-
tions for students with special needs (as defined in
paragraph (32)) necessary to measure the achievement
of such students relative to the District of Columbia’s
content standards; and
(iv) the inclusion of limited-English proficient stu-
dents, who shall be assessed, to the extent practicable,
in the language and form most likely to yield accurate
and reliable information regarding such students’
knowledge and abilities.
(14) ELECTRONIC DATA TRANSFER SYSTEM.—The term ‘‘elec-
tronic data transfer system’’ means a computer-based process
for the maintenance and transfer of student records designed
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–110
to permit the transfer of individual student records among
District of Columbia public schools and public charter schools.
(15) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’
means an institutional day or residential school that provides
elementary education, as determined under District of Colum-
bia law.
(16) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’
means a person, including a private, public, or quasi-public
entity, or an institution of higher education (as defined in
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a))), that seeks to establish a public charter school in
the District of Columbia.
(17) ELIGIBLE CHARTERING AUTHORITY.—The term ‘‘eligible
chartering authority’’ means any of the following:
(A) The Board of Education.
(B) The Public Charter School Board.
(C) Any one entity designated as an eligible chartering
authority by enactment of a bill by the District of Columbia
Council after the date of the enactment of this Act.
(18) FAMILY RESOURCE CENTER.—The term ‘‘family resource
center’’ means an information desk—
(A) located in a District of Columbia public school
or a public charter school serving a majority of students
whose family income is not greater than 185 percent of
the income official poverty line (as defined by the Office
of Management and Budget, and revised annually in
accordance with section 673(2) of the Community Services
Block Grant Act applicable to a family of the size involved
(42 U.S.C. 9902(3))); and
(B) which links students and families to local resources
and public and private entities involved in child care, adult
education, health and social services, tutoring, mentoring,
and job training.
(19) INDIVIDUAL CAREER PATH.—The term ‘‘individual career
path’’ means a program of study that provides a secondary
school student the skills necessary to compete in the 21st
century workforce.
(20) LITERACY.—The term ‘‘literacy’’ means—
(A) in the case of a minor student, such student’s
ability to read, write, and speak in English, and compute
and solve problems at levels of proficiency necessary to
function in society, to achieve such student’s goals, and
develop such student’s knowledge and potential; and
(B) in the case of an adult, such adult’s ability to
read, write, and speak in English, and compute and solve
problems at levels of proficiency necessary to function on
the job and in society, to achieve such adult’s goals, and
develop such adult’s knowledge and potential.
(21) LONG-TERM REFORM PLAN.—The term ‘‘long-term
reform plan’’ means the plan submitted by the Superintendent
under section 2101.
(22) MAYOR.—The term ‘‘Mayor’’ means the Mayor of the
District of Columbia.
(23) METROBUS AND METRORAIL TRANSIT SYSTEM.—The term
‘‘Metrobus and Metrorail Transit System’’ means the bus and
rail systems administered by the Washington Metropolitan
Area Transit Authority.
110 STAT. 1321–111 PUBLIC LAW 104–134—APR. 26, 1996
(24) MINOR STUDENT.—The term ‘‘minor student’’ means
an individual who—
(A) is enrolled in a District of Columbia public school
or a public charter school; and
(B) is not beyond the age of compulsory school attend-
ance, as prescribed in section 1 of article I, and section
1 of article II, of the Act of February 4, 1925 (sections
31–401 and 31–402, D.C. Code).
(25) NONRESIDENT STUDENT.—The term ‘‘nonresident stu-
dent’’ means—
(A) an individual under the age of 18 who is enrolled
in a District of Columbia public school or a public charter
school, and does not have a parent residing in the District
of Columbia; or
(B) an individual who is age 18 or older and is enrolled
in a District of Columbia public school or public charter
school, and does not reside in the District of Columbia.
(26) PARENT.—The term ‘‘parent’’ means a person who has
custody of a child, and who—
(A) is a natural parent of the child;
(B) is a stepparent of the child;
(C) has adopted the child; or
(D) is appointed as a guardian for the child by a
court of competent jurisdiction.
(27) PETITION.—The term ‘‘petition’’ means a written
application.
(28) PROMOTION GATE.—The term ‘‘promotion gate’’ means
the criteria, developed by the Superintendent and approved
by the Board of Education, that are used to determine student
promotion at different grade levels. Such criteria shall include
student achievement on districtwide assessments established
under subtitle C.
(29) PUBLIC CHARTER SCHOOL.—The term ‘‘public charter
school’’ means a publicly funded school in the District of Colum-
bia that—
(A) is established pursuant to subtitle B; and
(B) except as provided under sections 2212(d)(5) and
2213(c)(5) is not a part of the District of Columbia public
schools.
(30) PUBLIC CHARTER SCHOOL BOARD.—The term ‘‘Public
Charter School Board’’ means the Public Charter School Board
established under section 2214.
(31) SECONDARY SCHOOL.—The term ‘‘secondary school’’
means an institutional day or residential school that provides
secondary education, as determined by District of Columbia
law, except that such term does not include any education
beyond grade 12.
(32) STUDENT WITH SPECIAL NEEDS.—The term ‘‘student
with special needs’’ means a student who is a child with a
disability as provided in section 602(a)(1) of the Individuals
with Disabilities Education Act (20 U.S.C. 1401(a)(1)) or a
student who is an individual with a disability as provided
in section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C.
706(8)).
(33) SUPERINTENDENT.—The term ‘‘Superintendent’’ means
the Superintendent of the District of Columbia public schools.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–112
(34) TEACHER.—The term ‘‘teacher’’ means any person
employed as a teacher by the Board of Education or by a
public charter school.
SEC. 2003. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this title, this title shall be
effective during the period beginning on the date of enactment
of this Act and ending 5 years after such date.
Subtitle A—District of Columbia Reform Plan
SEC. 2101. LONG-TERM REFORM PLAN.
(a) IN GENERAL.—
(1) PLAN.—The Superintendent, with the approval of the
Board of Education, shall submit to the Mayor, the District
of Columbia Council, the Authority, the Consensus Commission,
and the appropriate congressional committees, a long-term
reform plan, not later than 90 days after the date of enactment
of this Act, and each February 15 thereafter. The long-term
reform plan shall be consistent with the financial plan and
budget for the District of Columbia for fiscal year 1996, and
each financial plan and budget for a subsequent fiscal year,
as the case may be, required under section 201 of the District
of Columbia Financial Responsibility and Management Assist-
ance Act of 1995.
(2) CONSULTATION.—
(A) IN GENERAL.—In developing the long-term reform
plan, the Superintendent—
(i) shall consult with the Board of Education, the
Mayor, the District of Columbia Council, the Authority,
and the Consensus Commission; and
(ii) shall afford the public, interested organizations,
and groups an opportunity to present their views and
make recommendations regarding the long-term reform
plan.
(B) SUMMARY OF RECOMMENDATIONS.—The Super-
intendent shall include in the long-term plan a summary
of the recommendations made under subparagraph (A)(ii)
and the response of the Superintendent to the recommenda-
tions.
(b) CONTENTS.—
(1) AREAS TO BE ADDRESSED.—The long-term reform plan
shall describe how the District of Columbia public schools will
become a world-class education system that prepares students
for lifetime learning in the 21st century and which is on a
par with the best education systems of other cities, States,
and nations. The long-term reform plan shall include a descrip-
tion of how the District of Columbia public schools will accom-
plish the following:
(A) Achievement at nationally and internationally
competitive levels by students attending District of Colum-
bia public schools.
(B) The preparation of students for the workforce,
including—
(i) providing special emphasis for students plan-
ning to obtain a postsecondary education; and
(ii) the development of individual career paths.
110 STAT. 1321–113 PUBLIC LAW 104–134—APR. 26, 1996
(C) The improvement of the health and safety of stu-
dents in District of Columbia public schools.
(D) Local school governance, decentralization, auton-
omy, and parental choice among District of Columbia public
schools.
(E) The implementation of a comprehensive and effec-
tive adult education and literacy program.
(F) The identification, beginning in grade 3, of each
student who does not meet minimum standards of academic
achievement in reading, writing, and mathematics in order
to ensure that such student meets such standards prior
to grade promotion.
(G) The achievement of literacy, and the possession
of the knowledge and skills necessary to think critically,
communicate effectively, and perform competently on
districtwide assessments, by students attending District
of Columbia public schools prior to such student’s comple-
tion of grade 8.
(H) The establishment of after-school programs that
promote self-confidence, self-discipline, self-respect, good
citizenship, and respect for leaders, through such activities
as arts classes, physical fitness programs, and community
service.
(I) Steps necessary to establish an electronic data
transfer system.
(J) Encourage parental involvement in all school activi-
ties, particularly parent teacher conferences.
(K) Development and implementation, through the
Board of Education and the Superintendent, of a uniform
dress code for the District of Columbia public schools,
that—
(i) shall include a prohibition of gang membership
symbols;
(ii) shall take into account the relative costs of
any such code for each student; and
(iii) may include a requirement that students wear
uniforms.
(L) The establishment of classes, beginning not later
than grade 3, to teach students how to use computers
effectively.
(M) The development of community schools that enable
District of Columbia public schools to collaborate with other
public and nonprofit agencies and organizations, local
businesses, recreational, cultural, and other community and
human service entities, for the purpose of meeting the
needs and expanding the opportunities available to resi-
dents of the communities served by such schools.
(N) The establishment of programs which provide coun-
seling, mentoring (especially peer mentoring), academic
support, outreach, and supportive services to elementary,
middle, and secondary school students who are at risk
of dropping out of school.
(O) The establishment of a comprehensive remedial
education program to assist students who do not meet
basic literacy standards, or the criteria of promotion gates
established in section 2321.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–114
(P) The establishment of leadership development
projects for middle school principals, which projects shall
increase student learning and achievement and strengthen
such principals as instructional school leaders.
(Q) The implementation of a policy for performance-
based evaluation of principals and teachers, after consulta-
tion with the Superintendent and unions (including unions
that represent teachers and unions that represent prin-
cipals).
(R) The implementation of policies that require
competitive appointments for all District of Columbia public
school positions.
(S) The implementation of policies regarding alter-
native teacher certification requirements.
(T) The implementation of testing requirements for
teacher licensing renewal.
(U) A review of the District of Columbia public school
central office budget and staffing reductions for each fiscal
year compared to the level of such budget and reductions
at the end of fiscal year 1995.
(V) The implementation of the discipline policy for
the District of Columbia public schools in order to ensure
a safe, disciplined environment conducive to learning.
(2) OTHER INFORMATION.—For each of the items described
in subparagraphs (A) through (V) of paragraph (1), the long-
term reform plan shall include—
(A) a statement of measurable, objective performance
goals;
(B) a description of the measures of performance to
be used in determining whether the Superintendent and
Board of Education have met the goals;
(C) dates by which the goals shall be met;
(D) plans for monitoring and reporting progress to
District of Columbia residents, the Mayor, the District of
Columbia Council, the Authority, the Consensus Commis-
sion, and the appropriate congressional committees regard-
ing the carrying out of the long-term reform plan; and
(E) the title of the management employee of the Dis-
trict of Columbia public schools most directly responsible
for the achievement of each goal and, with respect to each
such employee, the title of the employee’s immediate super-
visor or superior.
(c) AMENDMENTS.—The Superintendent, with the approval of
the Board of Education, shall submit any amendment to the long-
term reform plan to the Mayor, the District of Columbia Council,
the Authority, the Consensus Commission, and the appropriate
congressional committees. Any amendment to the long-term reform
plan shall be consistent with the financial plan and budget for
fiscal year 1996, and each financial plan and budget for a subse-
quent fiscal year, as the case may be, for the District of Columbia
required under section 201 of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.
SEC. 2102. SUPERINTENDENT’S REPORT ON REFORMS.
Not later than December 1, 1996, the Superintendent shall
submit to the appropriate congressional committees, the Board of
Education, the Mayor, the Consensus Commission, and the District
110 STAT. 1321–115 PUBLIC LAW 104–134—APR. 26, 1996
of Columbia Council a report regarding the progress of the District
of Columbia public schools toward achieving the goals of the long-
term reform plan.
SEC. 2103. DISTRICT OF COLUMBIA COUNCIL REPORT.
Not later than April 1, 1997, the Chairperson of the District
of Columbia Council shall submit to the appropriate congressional
committees a report describing legislative and other actions the
District of Columbia Council has taken or will take to facilitate
the implementation of the goals of the long-term reform plan.
Subtitle B—Public Charter Schools
SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.
(a) EXISTING PUBLIC SCHOOL.—An eligible applicant seeking
to convert a District of Columbia public school into a public charter
school—
(1) shall prepare a petition to establish a public charter
school that meets the requirements of section 2202;
(2) shall provide a copy of the petition to—
(A) the parents of minor students attending the exist-
ing school;
(B) adult students attending the existing school; and
(C) employees of the existing school; and
(3) shall file the petition with an eligible chartering author-
ity for approval after the petition—
(A) is signed by two-thirds of the sum of—
(i) the total number of parents of minor students
attending the school; and
(ii) the total number of adult students attending
the school; and
(B) is endorsed by at least two-thirds of full-time teach-
ers employed in the school.
(b) PRIVATE OR INDEPENDENT SCHOOL.—An eligible applicant
seeking to convert an existing private or independent school in
the District of Columbia into a public charter school—
(1) shall prepare a petition to establish a public charter
school that is approved by the Board of Trustees or authority
responsible for the school and that meets the requirements
of section 2202;
(2) shall provide a copy of the petition to—
(A) the parents of minor students attending the exist-
ing school;
(B) adult students attending the existing school; and
(C) employees of the existing school; and
(3) shall file the petition with an eligible chartering author-
ity for approval after the petition—
(A) is signed by two-thirds of the sum of—
(i) the total number of parents of minor students
attending the school; and
(ii) the total number of adult students attending
the school; and
(B) is endorsed by at least two-thirds of full-time teach-
ers employed in the school.
(c) NEW SCHOOL.—An eligible applicant seeking to establish
in the District of Columbia a public charter school, but not seeking
to convert a District of Columbia public school or a private or
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–116
independent school into a public charter school, shall file with
an eligible chartering authority for approval a petition to establish
a public charter school that meets the requirements of section
2202.
SEC. 2202. CONTENTS OF PETITION.
A petition under section 2201 to establish a public charter
school shall include the following:
(1) A statement defining the mission and goals of the
proposed school and the manner in which the school will con-
duct any districtwide assessments.
(2) A statement of the need for the proposed school in
the geographic area of the school site.
(3) A description of the proposed instructional goals and
methods for the proposed school, which shall include, at a
minimum—
(A) the area of focus of the proposed school, such as
mathematics, science, or the arts, if the school will have
such a focus;
(B) the methods that will be used, including classroom
technology, to provide students with the knowledge, pro-
ficiency, and skills needed—
(i) to become nationally and internationally
competitive students and educated individuals in the
21st century; and
(ii) to perform competitively on any districtwide
assessments; and
(C) the methods that will be used to improve student
self-motivation, classroom instruction, and learning for all
students.
(4) A description of the scope and size of the proposed
school’s program that will enable students to successfully
achieve the goals established by the school, including the grade
levels to be served by the school and the projected and maxi-
mum enrollment of each grade level.
(5) A description of the plan for evaluating student aca-
demic achievement at the proposed school and the procedures
for remedial action that will be used by the school when the
academic achievement of a student falls below the expectations
of the school.
(6) An operating budget for the first 2 years of the proposed
school that is based on anticipated enrollment and contains—
(A) a description of the method for conducting annual
audits of the financial, administrative, and programmatic
operations of the school;
(B) either—
(i) an identification of the site where the school
will be located, including a description of any buildings
on the site and any buildings proposed to be con-
structed on the site; or
(ii) a timetable by which such an identification
will be made;
(C) a description of any major contracts planned, with
a value equal to or exceeding $10,000, for equipment and
services, leases, improvements, purchases of real property,
or insurance; and
110 STAT. 1321–117 PUBLIC LAW 104–134—APR. 26, 1996
(D) a timetable for commencing operations as a public
charter school.
(7) A description of the proposed rules and policies for
governance and operation of the proposed school.
(8) Copies of the proposed articles of incorporation and
bylaws of the proposed school.
(9) The names and addresses of the members of the pro-
posed Board of Trustees and the procedures for selecting trust-
ees.
(10) A description of the student enrollment, admission,
suspension, expulsion, and other disciplinary policies and proce-
dures of the proposed school, and the criteria for making deci-
sions in such areas.
(11) A description of the procedures the proposed school
plans to follow to ensure the health and safety of students,
employees, and guests of the school and to comply with
applicable health and safety laws, and all applicable civil rights
statutes and regulations of the Federal Government and the
District of Columbia.
(12) An explanation of the qualifications that will be
required of employees of the proposed school.
(13) An identification, and a description, of the individuals
and entities submitting the petition, including their names
and addresses, and the names of the organizations or corpora-
tions of which such individuals are directors or officers.
(14) A description of how parents, teachers, and other
members of the community have been involved in the design
and will continue to be involved in the implementation of
the proposed school.
(15) A description of how parents and teachers will be
provided an orientation and other training to ensure their
effective participation in the operation of the public charter
school.
(16) An assurance the proposed school will seek, obtain,
and maintain accreditation from at least one of the following:
(A) The Middle States Association of Colleges and
Schools.
(B) The Association of Independent Maryland Schools.
(C) The Southern Association of Colleges and Schools.
(D) The Virginia Association of Independent Schools.
(E) American Montessori Internationale.
(F) The American Montessori Society.
(G) The National Academy of Early Childhood Pro-
grams.
(H) Any other accrediting body deemed appropriate
by the eligible chartering authority that granted the charter
to the school.
(17) In the case that the proposed school’s educational
program includes preschool or prekindergarten, an assurance
the proposed school will be licensed as a child development
center by the District of Columbia Government not later than
the first date on which such program commences.
(18) An explanation of the relationship that will exist
between the public charter school and the school’s employees.
(19) A statement of whether the proposed school elects
to be treated as a local educational agency or a District of
Columbia public school for purposes of part B of the Individuals
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–118
With Disabilities Education Act (20 U.S.C. 1411 et seq.) and
section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794),
and notwithstanding any other provision of law the eligible
chartering authority shall not have the authority to approve
or disapprove such election.
SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER
SCHOOL PETITIONS.
(a) SCHEDULE.—An eligible chartering authority shall establish
a schedule for receiving petitions to establish a public charter
school and shall publish any such schedule in the District of Colum-
bia Register and newspapers of general circulation.
(b) PUBLIC HEARING.—Not later than 45 days after a petition
to establish a public charter school is filed with an eligible charter-
ing authority, the eligible chartering authority shall hold a public
hearing on the petition to gather the information that is necessary
for the eligible chartering authority to make the decision to approve
or deny the petition.
(c) NOTICE.—Not later than 10 days prior to the scheduled
date of a public hearing on a petition to establish a public charter
school, an eligible chartering authority—
(1) shall publish a notice of the hearing in the District
of Columbia Register and newspapers of general circulation;
and
(2) shall send a written notification of the hearing date
to the eligible applicant who filed the petition.
(d) APPROVAL.—Subject to subsection (i), an eligible chartering
authority may approve a petition to establish a public charter
school, if—
(1) the eligible chartering authority determines that the
petition satisfies the requirements of this subtitle;
(2) the eligible applicant who filed the petition agrees to
satisfy any condition or requirement, consistent with this sub-
title and other applicable law, that is set forth in writing
by the eligible chartering authority as an amendment to the
petition; and
(3) the eligible chartering authority determines that the
public charter school has the ability to meet the educational
objectives outlined in the petition.
(e) TIMETABLE.—An eligible chartering authority shall approve
or deny a petition to establish a public charter school not later
than 45 days after the conclusion of the public hearing on the
petition.
(f) EXTENSION.—An eligible chartering authority and an eligible
applicant may agree to extend the 45-day time period referred
to in subsection (e) by a period that shall not exceed 30 days.
(g) DENIAL EXPLANATION.—If an eligible chartering authority
denies a petition or finds the petition to be incomplete, the eligible
chartering authority shall specify in writing the reasons for its
decision and indicate, when the eligible chartering authority deter-
mines appropriate, how the eligible applicant who filed the petition
may revise the petition to satisfy the requirements for approval.
(h) APPROVED PETITION.—
(1) NOTICE.—Not later than 10 days after an eligible
chartering authority approves a petition to establish a public
charter school, the eligible chartering authority shall provide
a written notice of the approval, including a copy of the
110 STAT. 1321–119 PUBLIC LAW 104–134—APR. 26, 1996
approved petition and any conditions or requirements agreed
to under subsection (d)(2), to the eligible applicant and to
the Chief Financial Officer of the District of Columbia. The
eligible chartering authority shall publish a notice of the
approval of the petition in the District of Columbia Register
and newspapers of general circulation.
(2) CHARTER.—The provisions described in paragraphs (1),
(7), (8), (11), (16), (17), and (18) of section 2202 of a petition
to establish a public charter school that are approved by an
eligible chartering authority, together with any amendments
to such provisions in the petition containing conditions or
requirements agreed to by the eligible applicant under sub-
section (d)(2), shall be considered a charter granted to the
school by the eligible chartering authority.
(i) NUMBER OF PETITIONS.—
(1) FIRST YEAR.—For academic year 1996–1997, not more
than 10 petitions to establish public charter schools may be
approved under this subtitle.
(2) SUBSEQUENT YEARS.—For academic year 1997–1998 and
each academic year thereafter each eligible chartering authority
shall not approve more than 5 petitions to establish a public
charter school under this subtitle.
(j) EXCLUSIVE AUTHORITY OF THE ELIGIBLE CHARTERING
AUTHORITY.—No governmental entity, elected official, or employee
of the District of Columbia shall make, participate in making,
or intervene in the making of, the decision to approve or deny
a petition to establish a public charter school, except for officers
or employees of the eligible chartering authority with which the
petition is filed.
SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS, OF PUBLIC
CHARTER SCHOOLS.
(a) DUTIES.—A public charter school shall comply with all of
the terms and provisions of its charter.
(b) POWERS.—A public charter school shall have the following
powers:
(1) To adopt a name and corporate seal, but only if the
name selected includes the words ‘‘public charter school’’.
(2) To acquire real property for use as the public charter
school’s facilities, from public or private sources.
(3) To receive and disburse funds for public charter school
purposes.
(4) Subject to subsection (c)(1), to secure appropriate insur-
ance and to make contracts and leases, including agreements
to procure or purchase services, equipment, and supplies.
(5) To incur debt in reasonable anticipation of the receipt
of funds from the general fund of the District of Columbia
or the receipt of Federal or private funds.
(6) To solicit and accept any grants or gifts for public
charter school purposes, if the public charter school—
(A) does not accept any grants or gifts subject to any
condition contrary to law or contrary to its charter; and
(B) maintains for financial reporting purposes separate
accounts for grants or gifts.
(7) To be responsible for the public charter school’s oper-
ation, including preparation of a budget and personnel matters.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–120
(8) To sue and be sued in the public charter school’s own
name.
(c) PROHIBITIONS AND OTHER REQUIREMENTS.—
(1) CONTRACTING AUTHORITY.—
(A) NOTICE REQUIREMENT.—Except in the case of an
emergency (as determined by the eligible chartering author-
ity of a public charter school), with respect to any contract
proposed to be awarded by the public charter school and
having a value equal to or exceeding $10,000, the school
shall publish a notice of a request for proposals in the
District of Columbia Register and newspapers of general
circulation not less than 30 days prior to the award of
the contract.
(B) SUBMISSION TO THE AUTHORITY.—
(i) DEADLINE FOR SUBMISSION.—With respect to
any contract described in subparagraph (A) that is
awarded by a public charter school, the school shall
submit to the Authority, not later than 3 days after
the date on which the award is made, all bids for
the contract received by the school, the name of the
contractor who is awarded the contract, and the ration-
ale for the award of the contract.
(ii) EFFECTIVE DATE OF CONTRACT.—
(I) IN GENERAL.—Subject to subclause (II), a
contract described in subparagraph (A) shall
become effective on the date that is 15 days after
the date the school makes the submission under
clause (i) with respect to the contract, or the effec-
tive date specified in the contract, whichever is
later.
(II) EXCEPTION.—A contract described in
subparagraph (A) shall be considered null and void
if the Authority determines, within 12 days of
the date the school makes the submission under
clause (i) with respect to the contract, that the
contract endangers the economic viability of the
public charter school.
(2) TUITION.—A public charter school may not charge tui-
tion, fees, or other mandatory payments, except to nonresident
students, or for field trips or similar activities.
(3) CONTROL.—A public charter school—
(A) shall exercise exclusive control over its expendi-
tures, administration, personnel, and instructional meth-
ods, within the limitations imposed in this subtitle; and
(B) shall be exempt from District of Columbia statutes,
policies, rules, and regulations established for the District
of Columbia public schools by the Superintendent, Board
of Education, Mayor, District of Columbia Council, or
Authority, except as otherwise provided in the school’s
charter or this subtitle.
(4) HEALTH AND SAFETY.—A public charter school shall
maintain the health and safety of all students attending such
school.
(5) CIVIL RIGHTS AND IDEA.—The Age Discrimination Act
of 1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504
110 STAT. 1321–121 PUBLIC LAW 104–134—APR. 26, 1996
of the Rehabilitation Act of 1973 (29 U.S.C. 794), part B of
the Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq.), and the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), shall apply to a public charter school.
(6) GOVERNANCE.—A public charter school shall be gov-
erned by a Board of Trustees in a manner consistent with
the charter granted to the school and the provisions of this
subtitle.
(7) OTHER STAFF.—No employee of the District of Columbia
public schools may be required to accept employment with,
or be assigned to, a public charter school.
(8) OTHER STUDENTS.—No student enrolled in a District
of Columbia public school may be required to attend a public
charter school.
(9) TAXES OR BONDS.—A public charter school shall not
levy taxes or issue bonds.
(10) CHARTER REVISION.—A public charter school seeking
to revise its charter shall prepare a petition for approval of
the revision and file the petition with the eligible chartering
authority that granted the charter. The provisions of section
2203 shall apply to such a petition in the same manner as
such provisions apply to a petition to establish a public charter
school.
(11) ANNUAL REPORT.—
(A) IN GENERAL.—A public charter school shall submit
an annual report to the eligible chartering authority that
approved its charter. The school shall permit a member
of the public to review any such report upon request.
(B) CONTENTS.—A report submitted under subpara-
graph (A) shall include the following data:
(i) A report on the extent to which the school
is meeting its mission and goals as stated in the peti-
tion for the charter school.
(ii) Student performance on any districtwide
assessments.
(iii) Grade advancement for students enrolled in
the public charter school.
(iv) Graduation rates, college admission test scores,
and college admission rates, if applicable.
(v) Types and amounts of parental involvement.
(vi) Official student enrollment.
(vii) Average daily attendance.
(viii) Average daily membership.
(ix) A financial statement audited by an independ-
ent certified public accountant in accordance with
Government auditing standards for financial audits
issued by the Comptroller General of the United States.
(x) A report on school staff indicating the qualifica-
tions and responsibilities of such staff.
(xi) A list of all donors and grantors that have
contributed monetary or in-kind donations having a
value equal to or exceeding $500 during the year that
is the subject of the report.
(C) NONIDENTIFYING DATA.—Data described in clauses
(i) through (ix) of subparagraph (B) that are included in
an annual report shall not identify the individuals to whom
the data pertain.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–122
(12) CENSUS.—A public charter school shall provide to the
Board of Education student enrollment data necessary for the
Board of Education to comply with section 3 of article II of
the Act of February 4, 1925 (D.C. Code, sec. 31–404) (relating
to census of minors).
(13) COMPLAINT RESOLUTION PROCESS.—A public charter
school shall establish an informal complaint resolution process.
(14) PROGRAM OF EDUCATION.—A public charter school shall
provide a program of education which shall include one or
more of the following:
(A) Preschool.
(B) Prekindergarten.
(C) Any grade or grades from kindergarten through
grade 12.
(D) Residential education.
(E) Adult, community, continuing, and vocational edu-
cation programs.
(15) NONSECTARIAN NATURE OF SCHOOLS.—A public charter
school shall be nonsectarian and shall not be affiliated with
a sectarian school or religious institution.
(16) NONPROFIT STATUS OF SCHOOL.—A public charter
school shall be organized under the District of Columbia Non-
profit Corporation Act (D.C. Code, sec. 29–501 et seq.).
(17) IMMUNITY FROM CIVIL LIABILITY.—
(A) IN GENERAL.—A public charter school, and its
incorporators, Board of Trustees, officers, employees, and
volunteers, shall be immune from civil liability, both
personally and professionally, for any act or omission
within the scope of their official duties unless the act
or omission—
(i) constitutes gross negligence;
(ii) constitutes an intentional tort; or
(iii) is criminal in nature.
(B) COMMON LAW IMMUNITY PRESERVED.—Subpara-
graph (A) shall not be construed to abrogate any immunity
under common law of a person described in such subpara-
graph.
SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL.
(a) BOARD OF TRUSTEES.—The members of a Board of Trustees
of a public charter school shall be elected or selected pursuant
to the charter granted to the school. Such Board of Trustees shall
have an odd number of members that does not exceed 7, of which—
(1) a majority shall be residents of the District of Columbia;
and
(2) at least 2 shall be parents of a student attending
the school.
(b) ELIGIBILITY.—An individual is eligible for election or selec-
tion to the Board of Trustees of a public charter school if the
person—
(1) is a teacher or staff member who is employed at the
school;
(2) is a parent of a student attending the school; or
(3) meets the election or selection criteria set forth in
the charter granted to the school.
(c) ELECTION OR SELECTION OF PARENTS.—In the case of the
first Board of Trustees of a public charter school to be elected
110 STAT. 1321–123 PUBLIC LAW 104–134—APR. 26, 1996
or selected after the date on which the school is granted a charter,
the election or selection of the members under subsection (a)(2)
shall occur on the earliest practicable date after classes at the
school have commenced. Until such date, any other members who
have been elected or selected shall serve as an interim Board
of Trustees. Such an interim Board of Trustees may exercise all
of the powers, and shall be subject to all of the duties, of a Board
of Trustees.
(d) FIDUCIARIES.—The Board of Trustees of a public charter
school shall be fiduciaries of the school and shall set overall policy
for the school. The Board of Trustees may make final decisions
on matters related to the operation of the school, consistent with
the charter granted to the school, this subtitle, and other applicable
law.
SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL.
(a) OPEN ENROLLMENT.—Enrollment in a public charter school
shall be open to all students who are residents of the District
of Columbia and, if space is available, to nonresident students
who meet the tuition requirement in subsection (e).
(b) CRITERIA FOR ADMISSION.—A public charter school may
not limit enrollment on the basis of a student’s race, color, religion,
national origin, language spoken, intellectual or athletic ability,
measures of achievement or aptitude, or status as a student with
special needs. A public charter school may limit enrollment to
specific grade levels.
(c) RANDOM SELECTION.—If there are more applications to enroll
in a public charter school from students who are residents of the
District of Columbia than there are spaces available, students shall
be admitted using a random selection process.
(d) ADMISSION TO AN EXISTING SCHOOL.—During the 5-year
period beginning on the date that a petition, filed by an eligible
applicant seeking to convert a District of Columbia public school
or a private or independent school into a public charter school,
is approved, the school may give priority in enrollment to—
(1) students enrolled in the school at the time the petition
is granted;
(2) the siblings of students described in paragraph (1);
and
(3) in the case of the conversion of a District of Columbia
public school, students who reside within the attendance bound-
aries, if any, in which the school is located.
(e) NONRESIDENT STUDENTS.—Nonresident students shall pay
tuition to attend a public charter school at the applicable rate
established for District of Columbia public schools administered
by the Board of Education for the type of program in which the
student is enrolled.
(f) STUDENT WITHDRAWAL.—A student may withdraw from a
public charter school at any time and, if otherwise eligible, enroll
in a District of Columbia public school administered by the Board
of Education.
(g) EXPULSION AND SUSPENSION.—The principal of a public
charter school may expel or suspend a student from the school
based on criteria set forth in the charter granted to the school.
SEC. 2207. EMPLOYEES.
(a) EXTENDED LEAVE OF ABSENCE WITHOUT PAY.—
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–124
(1) LEAVE OF ABSENCE FROM DISTRICT OF COLUMBIA PUBLIC
SCHOOLS.—The Superintendent shall grant, upon request, an
extended leave of absence, without pay, to an employee of
the District of Columbia public schools for the purpose of
permitting the employee to accept a position at a public charter
school for a 2-year term.
(2) REQUEST FOR EXTENSION.—At the end of a 2-year term
referred to in paragraph (1), an employee granted an extended
leave of absence without pay under such paragraph may submit
a request to the Superintendent for an extension of the leave
of absence for an unlimited number of 2-year terms. The Super-
intendent may not unreasonably (as determined by the eligible
chartering authority) withhold approval of the request.
(3) RIGHTS UPON TERMINATION OF LEAVE.—An employee
granted an extended leave of absence without pay for the
purpose described in paragraph (1) or (2) shall have the same
rights and benefits under law upon termination of such leave
of absence as an employee of the District of Columbia public
schools who is granted an extended leave of absence without
pay for any other purpose.
(b) RETIREMENT SYSTEM.—
(1) CREDITABLE SERVICE.—An employee of a public charter
school who has received a leave of absence under subsection
(a) shall receive creditable service, as defined in section 2604
of D.C. Law 2–139, effective March 3, 1979 (D.C. Code, sec.
1–627.4) and the rules established under such section, for the
period of the employee’s employment at the public charter
school.
(2) AUTHORITY TO ESTABLISH SEPARATE SYSTEM.—A public
charter school may establish a retirement system for employees
under its authority.
(3) ELECTION OF RETIREMENT SYSTEM.—A former employee
of the District of Columbia public schools who becomes an
employee of a public charter school within 60 days after the
date the employee’s employment with the District of Columbia
public schools is terminated may, at the time the employee
commences employment with the public charter school, elect—
(A) to remain in a District of Columbia Government
retirement system and continue to receive creditable service
for the period of their employment at a public charter
school; or
(B) to transfer into a retirement system established
by the public charter school pursuant to paragraph (2).
(4) PROHIBITED EMPLOYMENT CONDITIONS.—No public char-
ter school may require a former employee of the District of
Columbia public schools to transfer to the public charter school’s
retirement system as a condition of employment.
(5) CONTRIBUTIONS.—
(A) EMPLOYEES ELECTING NOT TO TRANSFER.—In the
case of a former employee of the District of Columbia
public schools who elects to remain in a District of Colum-
bia Government retirement system pursuant to paragraph
(3)(A), the public charter school that employs the person
shall make the same contribution to such system on behalf
of the person as the District of Columbia would have been
required to make if the person had continued to be an
employee of the District of Columbia public schools.
110 STAT. 1321–125 PUBLIC LAW 104–134—APR. 26, 1996
(B) EMPLOYEES ELECTING TO TRANSFER.—In the case
of a former employee of the District of Columbia public
schools who elects to transfer into a retirement system
of a public charter school pursuant to paragraph (3)(B),
the applicable District of Columbia Government retirement
system from which the former employee is transferring
shall compute the employee’s contribution to that system
and transfer this amount, to the retirement system of
the public charter school.
(c) EMPLOYMENT STATUS.—Notwithstanding any other provision
of law and except as provided in this section, an employee of
a public charter school shall not be considered to be an employee
of the District of Columbia Government for any purpose.
SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.
A student attending a public charter school shall be eligible
for reduced fares on the Metrobus and Metrorail Transit System
on the same terms and conditions as are applicable under section
2 of D.C. Law 2–152, effective March 9, 1979 (D.C. Code, sec.
44–216 et seq.), to a student attending a District of Columbia
public school.
SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO
PUBLIC CHARTER SCHOOLS.
The Superintendent may provide services, such as facilities
maintenance, to public charter schools. All compensation for costs
of such services shall be subject to negotiation and mutual agree-
ment between a public charter school and the Superintendent.
SEC. 2210. APPLICATION OF LAW.
(a) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—
(1) TREATMENT AS LOCAL EDUCATIONAL AGENCY.—
(A) IN GENERAL.—For any fiscal year, a public charter
school shall be considered to be a local educational agency
for purposes of part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.),
and shall be eligible for assistance under such part, if
the fraction the numerator of which is the number of low-
income students enrolled in the public charter school during
the fiscal year preceding the fiscal year for which the
determination is made and the denominator of which is
the total number of students enrolled in such public charter
school for such preceding year, is equal to or greater than
the lowest fraction determined for any District of Columbia
public school receiving assistance under such part A where
the numerator is the number of low-income students
enrolled in such public school for such preceding year and
the denominator is the total number of students enrolled
in such public school for such preceding year.
(B) DEFINITION.—For the purposes of this subsection,
the term ‘‘low-income student’’ means a student from a
low-income family determined according to the measure
adopted by the District of Columbia to carry out the provi-
sions of part A of title I of the Elementary and Secondary
Education Act of 1965 that is consistent with the measures
described in section 1113(a)(5) of such Act (20 U.S.C.
6313(a)(5)) for the fiscal year for which the determination
is made.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–126
(2) ALLOCATION FOR FISCAL YEARS 1996 THROUGH 1998.—
(A) PUBLIC CHARTER SCHOOLS.—For fiscal years 1996
through 1998, each public charter school that is eligible
to receive assistance under part A of title I of the
Elementary and Secondary Education Act of 1965 shall
receive a portion of the District of Columbia’s total alloca-
tion under such part which bears the same ratio to such
total allocation as the number described in subparagraph
(C) bears to the number described in subparagraph (D).
(B) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—For fiscal
years 1996 through 1998, the District of Columbia public
schools shall receive a portion of the District of Columbia’s
total allocation under part A of title I of the Elementary
and Secondary Education Act of 1965 which bears the
same ratio to such total allocation as the total of the
numbers described in clauses (ii) and (iii) of subparagraph
(D) bears to the aggregate total described in subparagraph
(D).
(C) NUMBER OF ELIGIBLE STUDENTS ENROLLED IN THE
PUBLIC CHARTER SCHOOL.—The number described in this
subparagraph is the number of low-income students
enrolled in the public charter school during the fiscal year
preceding the fiscal year for which the determination is
made.
(D) AGGREGATE NUMBER OF ELIGIBLE STUDENTS.—The
number described in this subparagraph is the aggregate
total of the following numbers:
(i) The number of low-income students who, during
the fiscal year preceding the fiscal year for which the
determination is made, were enrolled in a public char-
ter school.
(ii) The number of low-income students who, dur-
ing the fiscal year preceding the fiscal year for which
the determination is made, were enrolled in a District
of Columbia public school selected to provide services
under part A of title I of the Elementary and Secondary
Education Act of 1965.
(iii) The number of low-income students who, dur-
ing the fiscal year preceding the fiscal year for which
the determination is made—
(I) were enrolled in a private or independent
school; and
(II) resided in an attendance area of a District
of Columbia public school selected to provide serv-
ices under part A of title I of the Elementary
and Secondary Education Act of 1965.
(3) ALLOCATION FOR FISCAL YEAR 1999 AND THEREAFTER.—
(A) CALCULATION BY SECRETARY.—Notwithstanding
sections 1124(a)(2), 1124A(a)(4), and 1125(d) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333(a)(2), 6334(a)(4), and 6335(d)), for fiscal year
1999 and each fiscal year thereafter, the total allocation
under part A of title I of such Act for all local educational
agencies in the District of Columbia, including public char-
ter schools that are eligible to receive assistance under
such part, shall be calculated by the Secretary of Education.
In making such calculation, such Secretary shall treat all
110 STAT. 1321–127 PUBLIC LAW 104–134—APR. 26, 1996
such local educational agencies as if such agencies were
a single local educational agency for the District of
Columbia.
(B) ALLOCATION.—
(i) PUBLIC CHARTER SCHOOLS.—For fiscal year 1999
and each fiscal year thereafter, each public charter
school that is eligible to receive assistance under part
A of title I of the Elementary and Secondary Education
Act of 1965 shall receive a portion of the total allocation
calculated under subparagraph (A) which bears the
same ratio to such total allocation as the number
described in paragraph (2)(C) bears to the aggregate
total described in paragraph (2)(D).
(ii) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—For
fiscal year 1999 and each fiscal year thereafter, the
District of Columbia public schools shall receive a por-
tion of the total allocation calculated under subpara-
graph (A) which bears the same ratio to such total
allocation as the total of the numbers described in
clauses (ii) and (iii) of paragraph (2)(D) bears to the
aggregate total described in paragraph (2)(D).
(4) USE OF ESEA FUNDS.—The Board of Education may
not direct a public charter school in the school’s use of funds
under part A of title I of the Elementary and Secondary Edu-
cation Act of 1965.
(5) ESEA REQUIREMENTS.—Except as provided in para-
graph (6), a public charter school receiving funds under part
A of title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.) shall comply with all require-
ments applicable to schools receiving such funds.
(6) INAPPLICABILITY OF CERTAIN ESEA PROVISIONS.—The fol-
lowing provisions of the Elementary and Secondary Education
Act of 1965 shall not apply to a public charter school:
(A) Paragraphs (5) and (8) of section 1112(b) (20 U.S.C.
6312(b)).
(B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), (1)(F),
(1)(H), and (3) of section 1112(c) (20 U.S.C. 6312(c)).
(C) Section 1113 (20 U.S.C. 6313).
(D) Section 1115A (20 U.S.C. 6316).
(E) Subsections (a), (b), and (c) of section 1116 (20
U.S.C. 6317).
(F) Subsections (d) and (e) of section 1118 (20 U.S.C.
6319).
(G) Section 1120 (20 U.S.C. 6321).
(H) Subsections (a) and (c) of section 1120A (20 U.S.C.
6322).
(I) Section 1126 (20 U.S.C. 6337).
(b) PROPERTY AND SALES TAXES.—A public charter school shall
be exempt from District of Columbia property and sales taxes.
(c) EDUCATION OF CHILDREN WITH DISABILITIES.—Notwith-
standing any other provision of this title, each public charter school
shall elect to be treated as a local educational agency or a District
of Columbia public school for the purpose of part B of the Individuals
With Disabilities Education Act (20 U.S.C. 1411 et seq.) and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–128
SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING AUTHORI-
TIES.
(a) OVERSIGHT.—
(1) IN GENERAL.—An eligible chartering authority—
(A) shall monitor the operations of each public charter
school to which the eligible chartering authority has
granted a charter;
(B) shall ensure that each such school complies with
applicable laws and the provisions of the charter granted
to such school; and
(C) shall monitor the progress of each such school
in meeting student academic achievement expectations
specified in the charter granted to such school.
(2) PRODUCTION OF BOOKS AND RECORDS.—An eligible
chartering authority may require a public charter school to
which the eligible chartering authority has granted a charter
to produce any book, record, paper, or document, if the eligible
chartering authority determines that such production is nec-
essary for the eligible chartering authority to carry out its
functions under this subtitle.
(b) FEES.—
(1) APPLICATION FEE.—An eligible chartering authority may
charge an eligible applicant a fee, not to exceed $150, for
processing a petition to establish a public charter school.
(2) ADMINISTRATION FEE.—In the case of an eligible charter-
ing authority that has granted a charter to a public charter
school, the eligible chartering authority may charge the school
a fee, not to exceed one-half of one percent of the annual
budget of the school, to cover the cost of undertaking the
ongoing administrative responsibilities of the eligible chartering
authority with respect to the school that are described in this
subtitle. The school shall pay the fee to the eligible chartering
authority not later than November 15 of each year.
(c) IMMUNITY FROM CIVIL LIABILITY.—
(1) IN GENERAL.—An eligible chartering authority, the
Board of Trustees of such an eligible chartering authority,
and a director, officer, employee, or volunteer of such an eligible
chartering authority, shall be immune from civil liability, both
personally and professionally, for any act or omission within
the scope of their official duties unless the act or omission—
(A) constitutes gross negligence;
(B) constitutes an intentional tort; or
(C) is criminal in nature.
(2) COMMON LAW IMMUNITY PRESERVED.—Paragraph (1)
shall not be construed to abrogate any immunity under common
law of a person described in such paragraph.
(d) ANNUAL REPORT.—On or before July 30 of each year, each
eligible chartering authority that issues a charter under this subtitle
shall submit a report to the Mayor, the District of Columbia Council,
the Board of Education, the Secretary of Education, the appropriate
congressional committees, and the Consensus Commission that
includes the following information:
(1) A list of the members of the eligible chartering authority
and the addresses of such members.
(2) A list of the dates and places of each meeting of the
eligible chartering authority during the year preceding the
report.
110 STAT. 1321–129 PUBLIC LAW 104–134—APR. 26, 1996
(3) The number of petitions received by the eligible charter-
ing authority for the conversion of a District of Columbia public
school or a private or independent school to a public charter
school, and for the creation of a new school as a public charter
school.
(4) The number of petitions described in paragraph (3)
that were approved and the number that were denied, as well
as a summary of the reasons for which such petitions were
denied.
(5) A description of any new charters issued by the eligible
chartering authority during the year preceding the report.
(6) A description of any charters renewed by the eligible
chartering authority during the year preceding the report.
(7) A description of any charters revoked by the eligible
chartering authority during the year preceding the report.
(8) A description of any charters refused renewal by the
eligible chartering authority during the year preceding the
report.
(9) Any recommendations the eligible chartering authority
has concerning ways to improve the administration of public
charter schools.
SEC. 2212. CHARTER RENEWAL.
(a) TERM.—A charter granted to a public charter school shall
remain in force for a 5-year period, but may be renewed for an
unlimited number of times, each time for a 5-year period.
(b) APPLICATION FOR CHARTER RENEWAL.—In the case of a
public charter school that desires to renew its charter, the Board
of Trustees of the school shall file an application to renew the
charter with the eligible chartering authority that granted the
charter not later than 120 days nor earlier than 365 days before
the expiration of the charter. The application shall contain the
following:
(1) A report on the progress of the public charter school
in achieving the goals, student academic achievement expecta-
tions, and other terms of the approved charter.
(2) All audited financial statements for the public charter
school for the preceding 4 years.
(c) APPROVAL OF CHARTER RENEWAL APPLICATION.—The eligible
chartering authority that granted a charter shall approve an
application to renew the charter that is filed in accordance with
subsection (b), except that the eligible chartering authority shall
not approve such application if the eligible chartering authority
determines that—
(1) the school committed a material violation of applicable
laws or a material violation of the conditions, terms, standards,
or procedures set forth in its charter, including violations relat-
ing to the education of children with disabilities; or
(2) the school failed to meet the goals and student academic
achievement expectations set forth in its charter.
(d) PROCEDURES FOR CONSIDERATION OF CHARTER RENEWAL.—
(1) NOTICE OF RIGHT TO HEARING.—An eligible chartering
authority that has received an application to renew a charter
that is filed by a Board of Trustees in accordance with sub-
section (b) shall provide to the Board of Trustees written notice
of the right to an informal hearing on the application. The
eligible chartering authority shall provide the notice not later
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–130
than 15 days after the date on which the eligible chartering
authority received the application.
(2) REQUEST FOR HEARING.—Not later than 15 days after
the date on which a Board of Trustees receives a notice under
paragraph (1), the Board of Trustees may request, in writing,
an informal hearing on the application before the eligible
chartering authority.
(3) DATE AND TIME OF HEARING.—
(A) NOTICE.—Upon receiving a timely written request
for a hearing under paragraph (2), an eligible chartering
authority shall set a date and time for the hearing and
shall provide reasonable notice of the date and time, as
well as the procedures to be followed at the hearing, to
the Board of Trustees.
(B) DEADLINE.—An informal hearing under this sub-
section shall take place not later than 30 days after an
eligible chartering authority receives a timely written
request for the hearing under paragraph (2).
(4) FINAL DECISION.—
(A) DEADLINE.—An eligible chartering authority shall
render a final decision, in writing, on an application to
renew a charter—
(i) not later than 30 days after the date on which
the eligible chartering authority provided the written
notice of the right to a hearing, in the case of an
application with respect to which such a hearing is
not held; and
(ii) not later than 30 days after the date on which
the hearing is concluded, in the case of an application
with respect to which a hearing is held.
(B) REASONS FOR NONRENEWAL.—An eligible chartering
authority that denies an application to renew a charter
shall state in its decision the reasons for denial.
(5) ALTERNATIVES UPON NONRENEWAL.—If an eligible
chartering authority denies an application to renew a charter
granted to a public charter school, the Board of Education
may—
(A) manage the school directly until alternative
arrangements can be made for students at the school; or
(B) place the school in a probationary status that
requires the school to take remedial actions, to be deter-
mined by the Board of Education, that directly relate to
the grounds for the denial.
(6) JUDICIAL REVIEW.—
(A) AVAILABILITY OF REVIEW.—A decision by an eligible
chartering authority to deny an application to renew a
charter shall be subject to judicial review by an appropriate
court of the District of Columbia.
(B) STANDARD OF REVIEW.—A decision by an eligible
chartering authority to deny an application to renew a
charter shall be upheld unless the decision is arbitrary
and capricious or clearly erroneous.
SEC. 2213. CHARTER REVOCATION.
(a) CHARTER OR LAW VIOLATIONS.—An eligible chartering
authority that has granted a charter to a public charter school
may revoke the charter if the eligible chartering authority deter-
110 STAT. 1321–131 PUBLIC LAW 104–134—APR. 26, 1996
mines that the school has committed a violation of applicable laws
or a material violation of the conditions, terms, standards, or proce-
dures set forth in the charter, including violations relating to the
education of children with disabilities.
(b) FISCAL MISMANAGEMENT.—An eligible chartering authority
that has granted a charter to a public charter school shall revoke
the charter if the eligible chartering authority determines that
the school—
(1) has engaged in a pattern of nonadherence to generally
accepted accounting principles;
(2) has engaged in a pattern of fiscal mismanagement;
or
(3) is no longer economically viable.
(c) PROCEDURES FOR CONSIDERATION OF REVOCATION.—
(1) NOTICE OF RIGHT TO HEARING.—An eligible chartering
authority that is proposing to revoke a charter granted to
a public charter school shall provide to the Board of Trustees
of the school a written notice stating the reasons for the pro-
posed revocation. The notice shall inform the Board of Trustees
of the right of the Board of Trustees to an informal hearing
on the proposed revocation.
(2) REQUEST FOR HEARING.—Not later than 15 days after
the date on which a Board of Trustees receives a notice under
paragraph (1), the Board of Trustees may request, in writing,
an informal hearing on the proposed revocation before the
eligible chartering authority.
(3) DATE AND TIME OF HEARING.—
(A) NOTICE.—Upon receiving a timely written request
for a hearing under paragraph (2), an eligible chartering
authority shall set a date and time for the hearing and
shall provide reasonable notice of the date and time, as
well as the procedures to be followed at the hearing, to
the Board of Trustees.
(B) DEADLINE.—An informal hearing under this sub-
section shall take place not later than 30 days after an
eligible chartering authority receives a timely written
request for the hearing under paragraph (2).
(4) FINAL DECISION.—
(A) DEADLINE.—An eligible chartering authority shall
render a final decision, in writing, on the revocation of
a charter—
(i) not later than 30 days after the date on which
the eligible chartering authority provided the written
notice of the right to a hearing, in the case of a pro-
posed revocation with respect to which such a hearing
is not held; and
(ii) not later than 30 days after the date on which
the hearing is concluded, in the case of a proposed
revocation with respect to which a hearing is held.
(B) REASONS FOR REVOCATION.—An eligible chartering
authority that revokes a charter shall state in its decision
the reasons for the revocation.
(5) ALTERNATIVES UPON REVOCATION.—If an eligible
chartering authority revokes a charter granted to a public
charter school, the Board of Education may manage the school
directly until alternative arrangements can be made for stu-
dents at the school.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–132
(6) JUDICIAL REVIEW.—
(A) AVAILABILITY OF REVIEW.—A decision by an eligible
chartering authority to revoke a charter shall be subject
to judicial review by an appropriate court of the District
of Columbia.
(B) STANDARD OF REVIEW.—A decision by an eligible
chartering authority to revoke a charter shall be upheld
unless the decision is arbitrary and capricious or clearly
erroneous.
SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established within the District
of Columbia Government a Public Charter School Board (in
this section referred to as the ‘‘Board’’).
(2) MEMBERSHIP.—The Secretary of Education shall present
the Mayor a list of 15 individuals the Secretary determines
are qualified to serve on the Board. The Mayor, in consultation
with the District of Columbia Council, shall appoint 7 individ-
uals from the list to serve on the Board. The Secretary of
Education shall recommend, and the Mayor shall appoint, mem-
bers to serve on the Board so that a knowledge of each of
the following areas is represented on the Board:
(A) Research about and experience in student learning,
quality teaching, and evaluation of and accountability in
successful schools.
(B) The operation of a financially sound enterprise,
including leadership and management techniques, as well
as the budgeting and accounting skills critical to the
startup of a successful enterprise.
(C) The educational, social, and economic development
needs of the District of Columbia.
(D) The needs and interests of students and parents
in the District of Columbia, as well as methods of involving
parents and other members of the community in individual
schools.
(3) VACANCIES.—Any time there is a vacancy in the mem-
bership of the Board, the Secretary of Education shall present
the Mayor a list of 3 individuals the Secretary determines
are qualified to serve on the Board. The Mayor, in consultation
with the District of Columbia Council, shall appoint 1 individual
from the list to serve on the Board. The Secretary shall rec-
ommend and the Mayor shall appoint, such member of the
Board taking into consideration the criteria described in para-
graph (2). Any member appointed to fill a vacancy occurring
prior to the expiration of the term of a predecessor shall be
appointed only for the remainder of the term.
(4) TIME LIMIT FOR APPOINTMENTS.—If, at any time, the
Mayor does not appoint members to the Board sufficient to
bring the Board’s membership to 7 within 30 days of receiving
a recommendation from the Secretary of Education under para-
graph (2) or (3), the Secretary shall make such appointments
as are necessary to bring the membership of the Board to
7.
(5) TERMS OF MEMBERS.—
110 STAT. 1321–133 PUBLIC LAW 104–134—APR. 26, 1996
(A) IN GENERAL.—Members of the Board shall serve
for terms of 4 years, except that, of the initial appointments
made under paragraph (2), the Mayor shall designate—
(i) 2 members to serve terms of 3 years;
(ii) 2 members to serve terms of 2 years; and
(iii) 1 member to serve a term of 1 year.
(B) REAPPOINTMENT.—Members of the Board shall be
eligible to be reappointed for one 4-year term beyond their
initial term of appointment.
(6) INDEPENDENCE.—No person employed by the District
of Columbia public schools or a public charter school shall
be eligible to be a member of the Board or to be employed
by the Board.
(b) OPERATIONS OF THE BOARD.—
(1) CHAIR.—The members of the Board shall elect from
among their membership 1 individual to serve as Chair. Such
election shall be held each year after members of the Board
have been appointed to fill any vacancies caused by the regular
expiration of previous members’ terms, or when requested by
a majority vote of the members of the Board.
(2) QUORUM.—A majority of the members of the Board,
not including any positions that may be vacant, shall constitute
a quorum sufficient for conducting the business of the Board.
(3) MEETINGS.—The Board shall meet at the call of the
Chair, subject to the hearing requirements of sections 2203,
2212(d)(3), and 2213(c)(3).
(c) NO COMPENSATION FOR SERVICE.—Members of the Board
shall serve without pay, but may receive reimbursement for any
reasonable and necessary expenses incurred by reason of service
on the Board.
(d) PERSONNEL AND RESOURCES.—
(1) IN GENERAL.—Subject to such rules as may be made
by the Board, the Chair shall have the power to appoint,
terminate, and fix the pay of an Executive Director and such
other personnel of the Board as the Chair considers necessary,
but no individual so appointed shall be paid in excess of the
rate payable for level EG–16 of the Educational Service of
the District of Columbia.
(2) SPECIAL RULE.—The Board is authorized to use the
services, personnel, and facilities of the District of Columbia.
(e) EXPENSES OF BOARD.—Any expenses of the Board shall
be paid from such funds as may be available to the Mayor: Provided,
That within 45 days of the enactment of this Act the Mayor shall
make available not less than $130,000 to the Board.
(f) AUDIT.—The Board shall provide for an audit of the financial
statements of the Board by an independent certified public account-
ant in accordance with Government auditing standards for financial
audits issued by the Comptroller General of the United States.
(g) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out the provisions of this section and conducting the
Board’s functions required by this subtitle, there are authorized
to be appropriated $300,000 for fiscal year 1997 and such sums
as may be necessary for each of the 3 succeeding fiscal years.
SEC. 2215. FEDERAL ENTITIES.
(a) IN GENERAL.—The following Federal agencies and federally
established entities are encouraged to explore whether it is feasible
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–134
for the agency or entity to establish one or more public charter
schools:
(1) The Library of Congress.
(2) The National Aeronautics and Space Administration.
(3) The Drug Enforcement Administration.
(4) The National Science Foundation.
(5) The Department of Justice.
(6) The Department of Defense.
(7) The Department of Education.
(8) The Smithsonian Institution, including the National
Zoological Park, the National Museum of American History,
the John F. Kennedy Center for the Performing Arts, and
the National Gallery of Art.
(b) REPORT.—Not later than 120 days after date of enactment
of this Act, any agency or institution described in subsection (a)
that has explored the feasibility of establishing a public charter
school shall report its determination on the feasibility to the appro-
priate congressional committees.
Subtitle C—World Class Schools Task Force, Core
Curriculum, Content Standards, Assessments,
and Promotion Gates
PART 1—WORLD CLASS SCHOOLS TASK FORCE, CORE
CURRICULUM, CONTENT STANDARDS, AND ASSESS-
MENTS
SEC. 2311. GRANT AUTHORIZED AND RECOMMENDATION REQUIRED.
(a) GRANT AUTHORIZED.—
(1) IN GENERAL.—The Superintendent is authorized to
award a grant to a World Class Schools Task Force to enable
such task force to make the recommendation described in sub-
section (b).
(2) DEFINITION.—For the purpose of this subtitle, the term
‘‘World Class Schools Task Force’’ means 1 nonprofit organiza-
tion located in the District of Columbia that—
(A) has a national reputation for advocating content
standards;
(B) has a national reputation for advocating a strong
liberal arts curriculum;
(C) has experience with at least 4 urban school districts
for the purpose of establishing content standards;
(D) has developed and managed professional develop-
ment programs in science, mathematics, the humanities
and the arts; and
(E) is governed by an independent board of directors
composed of citizens with a variety of experiences in edu-
cation and public policy.
(b) RECOMMENDATION REQUIRED.—
(1) IN GENERAL.—The World Class Schools Task Force shall
recommend to the Superintendent, the Board of Education,
and the District of Columbia Goals Panel the following:
(A) Content standards in the core academic subjects
that are developed by working with the District of Columbia
community, which standards shall be developed not later
than 12 months after the date of enactment of this Act.
110 STAT. 1321–135 PUBLIC LAW 104–134—APR. 26, 1996
(B) A core curriculum developed by working with the
District of Columbia community, which curriculum shall
include the teaching of computer skills.
(C) Districtwide assessments for measuring student
achievement in accordance with content standards devel-
oped under subparagraph (A). Such assessments shall be
developed at several grade levels, including at a minimum,
the grade levels with respect to which the Superintendent
establishes promotion gates under section 2321. To the
extent feasible, such assessments shall, at a minimum,
be designed to provide information that permits compari-
sons between—
(i) individual District of Columbia public schools
and public charter schools; and
(ii) individual students attending such schools.
(D) Model professional development programs for
teachers using the standards and curriculum developed
under subparagraphs (A) and (B).
(2) SPECIAL RULE.—The World Class Schools Task Force
is encouraged, to the extent practicable, to develop districtwide
assessments described in paragraph (1)(C) that permit compari-
sons among—
(A) individual District of Columbia public schools and
public charter schools, and individual students attending
such schools; and
(B) students of other nations.
(c) CONTENT.—The content standards and assessments rec-
ommended under subsection (b) shall be judged by the World Class
Schools Task Force to be world class, including having a level
of quality and rigor, or being analogous to content standards and
assessments of other States or nations (including nations whose
students historically score high on international studies of student
achievement).
(d) SUBMISSION TO BOARD OF EDUCATION FOR ADOPTION.—If
the content standards, curriculum, assessments, and programs rec-
ommended under subsection (b) are approved by the Superintend-
ent, the Superintendent may submit such content standards,
curriculum, assessments, and programs to the Board of Education
for adoption.
SEC. 2312. CONSULTATION.
The World Class Schools Task Force shall conduct its duties
under this part in consultation with—
(1) the District of Columbia Goals Panel;
(2) officials of the District of Columbia public schools who
have been identified by the Superintendent as having respon-
sibilities relevant to this part, including the Deputy Super-
intendent for Curriculum;
(3) the District of Columbia community, with particular
attention given to educators, and parent and business organiza-
tions; and
(4) any other persons or groups that the task force deems
appropriate.
SEC. 2313. ADMINISTRATIVE PROVISIONS.
The World Class Schools Task Force shall ensure public access
to its proceedings (other than proceedings, or portions of proceed-
ings, relating to internal personnel and management matters) that
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–136
are relevant to its duties under this part and shall make available
to the public, at reasonable cost, transcripts of such proceedings.
SEC. 2314. CONSULTANTS.
Upon the request of the World Class Schools Task Force, the
head of any department or agency of the Federal Government
may detail any of the personnel of such agency to such task force
to assist such task force in carrying out such task force’s duties
under this part.
SEC. 2315. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 for fiscal
year 1997 to carry out this part. Such funds shall remain available
until expended.
PART 2—PROMOTION GATES
SEC. 2321. PROMOTION GATES.
(a) KINDERGARTEN THROUGH 4TH GRADE.—Not later than one
year after the date of adoption in accordance with section 2311(d)
of the assessments described in section 2311(b)(1)(C), the Super-
intendent shall establish and implement promotion gates for mathe-
matics, reading, and writing, for not less than one grade level
from kindergarten through grade 4, including at least grade 4,
and shall establish dates for establishing such other promotion
gates for other subject areas.
(b) 5TH THROUGH 8TH GRADES.—Not later than one year after
the adoption in accordance with section 2311(d) of the assessments
described in section 2311(b)(1)(C), the Superintendent shall estab-
lish and implement promotion gates with respect to not less than
one grade level from grade 5 through grade 8, including at least
grade 8.
(c) 9TH THROUGH 12TH GRADES.—Not later than one year after
the adoption in accordance with section 2311(d) of the assessments
described in section 2311(b)(1)(C), the Superintendent shall estab-
lish and implement promotion gates with respect to not less than
one grade level from grade 9 through grade 12, including at least
grade 12.
Subtitle D—Per Capita District of Columbia
Public School and Public Charter School Funding
SEC. 2401. ANNUAL BUDGETS FOR SCHOOLS.
(a) IN GENERAL.—For fiscal year 1997 and for each subsequent
fiscal year, the Mayor shall make annual payments from the general
fund of the District of Columbia in accordance with the formula
established under subsection (b).
(b) FORMULA.—
(1) IN GENERAL.—The Mayor and the District of Columbia
Council, in consultation with the Board of Education and the
Superintendent, shall establish not later than 90 days after
enactment of this Act, a formula to determine the amount
of—
(A) the annual payment to the Board of Education
for the operating expenses of the District of Columbia public
schools, which for purposes of this paragraph includes the
110 STAT. 1321–137 PUBLIC LAW 104–134—APR. 26, 1996
operating expenses of the Board of Education and the Office
of the Superintendent; and
(B) the annual payment to each public charter school
for the operating expenses of each public charter school.
(2) FORMULA CALCULATION.—Except as provided in para-
graph (3), the amount of the annual payment under paragraph
(1) shall be calculated by multiplying a uniform dollar amount
used in the formula established under such paragraph by—
(A) the number of students calculated under section
2402 that are enrolled at District of Columbia public
schools, in the case of the payment under paragraph (1)(A);
or
(B) the number of students calculated under section
2402 that are enrolled at each public charter school, in
the case of a payment under paragraph (1)(B).
(3) EXCEPTIONS.—
(A) FORMULA.—Notwithstanding paragraph (2), the
Mayor and the District of Columbia Council, in consultation
with the Board of Education and the Superintendent, may
adjust the formula to increase or decrease the amount
of the annual payment to the District of Columbia public
schools or each public charter school based on a calculation
of—
(i) the number of students served by such schools
in certain grade levels; and
(ii) the cost of educating students at such certain
grade levels.
(B) PAYMENT.—Notwithstanding paragraph (2), the
Mayor and the District of Columbia Council, in consultation
with the Board of Education and the Superintendent, may
adjust the amount of the annual payment under paragraph
(1) to increase the amount of such payment if a District
of Columbia public school or a public charter school serves
a high number of students—
(i) with special needs; or
(ii) who do not meet minimum literacy standards.
SEC. 2402. CALCULATION OF NUMBER OF STUDENTS.
(a) SCHOOL REPORTING REQUIREMENT.—
(1) IN GENERAL.—Not later than September 15, 1996, and
not later than September 15 of each year thereafter, each
District of Columbia public school and public charter school
shall submit a report to the Mayor and the Board of Education
containing the information described in subsection (b) that is
applicable to such school.
(2) SPECIAL RULE.—Not later than April 1, 1997, and not
later than April 1 of each year thereafter, each public charter
school shall submit a report in the same form and manner
as described in paragraph (1) to ensure accurate payment under
section 2403(a)(2)(B)(ii).
(b) CALCULATION OF NUMBER OF STUDENTS.—Not later than
30 days after the date of the enactment of this Act, and not
later than October 15 of each year thereafter, the Board of Edu-
cation shall calculate the following:
(1) The number of students, including nonresident students
and students with special needs, enrolled in each grade from
kindergarten through grade 12 of the District of Columbia
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–138
public schools and in public charter schools, and the number
of students whose tuition for enrollment in other schools is
paid for with funds available to the District of Columbia public
schools.
(2) The amount of fees and tuition assessed and collected
from the nonresident students described in paragraph (1).
(3) The number of students, including nonresident students,
enrolled in preschool and prekindergarten in the District of
Columbia public schools and in public charter schools.
(4) The amount of fees and tuition assessed and collected
from the nonresident students described in paragraph (3).
(5) The number of full time equivalent adult students
enrolled in adult, community, continuing, and vocational edu-
cation programs in the District of Columbia public schools
and in public charter schools.
(6) The amount of fees and tuition assessed and collected
from resident and nonresident adult students described in para-
graph (5).
(7) The number of students, including nonresident students,
enrolled in nongrade level programs in District of Columbia
public schools and in public charter schools.
(8) The amount of fees and tuition assessed and collected
from nonresident students described in paragraph (7).
(c) ANNUAL REPORTS.—Not later than 30 days after the date
of the enactment of this Act, and not later than October 15 of
each year thereafter, the Board of Education shall prepare and
submit to the Authority, the Mayor, the District of Columbia Coun-
cil, the Consensus Commission, the Comptroller General of the
United States, and the appropriate congressional committees a
report containing a summary of the most recent calculations made
under subsection (b).
(d) AUDIT OF INITIAL CALCULATIONS.—
(1) IN GENERAL.—The Board of Education shall arrange
with the Authority to provide for the conduct of an independent
audit of the initial calculations described in subsection (b).
(2) CONDUCT OF AUDIT.—In conducting the audit, the
independent auditor—
(A) shall provide an opinion as to the accuracy of
the information contained in the report described in sub-
section (c); and
(B) shall identify any material weaknesses in the sys-
tems, procedures, or methodology used by the Board of
Education—
(i) in determining the number of students, includ-
ing nonresident students, enrolled in the District of
Columbia public schools and in public charter schools,
and the number of students whose tuition for enroll-
ment in other school systems is paid for by funds
available to the District of Columbia public schools;
and
(ii) in assessing and collecting fees and tuition
from nonresident students.
(3) SUBMISSION OF AUDIT.—Not later than 45 days, or as
soon thereafter as is practicable, after the date on which the
Authority receives the initial annual report from the Board
of Education under subsection (c), the Authority shall submit
to the Board of Education, the Mayor, the District of Columbia
110 STAT. 1321–139 PUBLIC LAW 104–134—APR. 26, 1996
Council, and the appropriate congressional committees, the
audit conducted under this subsection.
(4) COST OF THE AUDIT.—The Board of Education shall
reimburse the Authority for the cost of the independent audit,
solely from amounts appropriated to the Board of Education
for staff, stipends, and other-than-personal-services of the
Board of Education by an Act making appropriations for the
District of Columbia.
SEC. 2403. PAYMENTS.
(a) IN GENERAL.—
(1) ESCROW FOR PUBLIC CHARTER SCHOOLS.—Except as pro-
vided in subsection (b), for any fiscal year, not later than
10 days after the date of enactment of an Act making appropria-
tions for the District of Columbia for such fiscal year, the
Mayor shall place in escrow an amount equal to the aggregate
of the amounts determined under section 2401(b)(1)(B) for use
only by District of Columbia public charter schools.
(2) TRANSFER OF ESCROW FUNDS.—
(A) INITIAL PAYMENT.—Not later than October 15, 1996,
and not later than October 15 of each year thereafter,
the Mayor shall transfer, by electronic funds transfer, an
amount equal to 75 percent of the amount of the annual
payment for each public charter school determined by using
the formula established pursuant to section 2401(b) to a
bank designated by such school.
(B) FINAL PAYMENT.—
(i) Except as provided in clause (ii), not later than
May 1, 1997, and not later than May 1 of each year
thereafter, the Mayor shall transfer the remainder of
the annual payment for a public charter school in
the same manner as the initial payment was made
under subparagraph (A).
(ii) Not later than March 15, 1997, and not later
than March 15 of each year thereafter, if the enroll-
ment number of a public charter school has changed
from the number reported to the Mayor and the Board
of Education, as required under section 2402(a), the
Mayor shall increase the payment in an amount equal
to 50 percent of the amount provided for each student
who has enrolled in such school in excess of such
enrollment number, or shall reduce the payment in
an amount equal to 50 percent of the amount provided
for each student who has withdrawn or dropped out
of such school below such enrollment number.
(C) PRO RATA REDUCTION OR INCREASE IN PAYMENTS.—
(i) PRO RATA REDUCTION.—If the funds made avail-
able to the District of Columbia Government for the
District of Columbia public school system and each
public charter school for any fiscal year are insufficient
to pay the full amount that such system and each
public charter school is eligible to receive under this
subtitle for such year, the Mayor shall ratably reduce
such amounts for such year on the basis of the formula
described in section 2401(b).
(ii) INCREASE.—If additional funds become avail-
able for making payments under this subtitle for such
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–140
fiscal year, amounts that were reduced under subpara-
graph (A) shall be increased on the same basis as
such amounts were reduced.
(D) UNEXPENDED FUNDS.—Any funds that remain in
the escrow account for public charter schools on September
30 of a fiscal year shall revert to the general fund of
the District of Columbia.
(b) EXCEPTION FOR NEW SCHOOLS.—
(1) AUTHORIZATION.—There are authorized to be appro-
priated $200,000 for each fiscal year to carry out this sub-
section.
(2) DISBURSEMENT TO MAYOR.—The Secretary of the Treas-
ury shall make available and disburse to the Mayor, not later
than August 1 of each of the fiscal years 1996 through 2000,
such funds as have been appropriated under paragraph (1).
(3) ESCROW.—The Mayor shall place in escrow, for use
by public charter schools, any sum disbursed under paragraph
(2) and not paid under paragraph (4).
(4) PAYMENTS TO SCHOOLS.—The Mayor shall pay to public
charter schools described in paragraph (5), in accordance with
this subsection, any sum disbursed under paragraph (2).
(5) SCHOOLS DESCRIBED.—The schools referred to in para-
graph (4) are public charter schools that—
(A) did not operate as public charter schools during
any portion of the fiscal year preceding the fiscal year
for which funds are authorized to be appropriated under
paragraph (1); and
(B) operated as public charter schools during the fiscal
year for which funds are authorized to be appropriated
under paragraph (1).
(6) FORMULA.—
(A) 1996.—The amount of the payment to a public
charter school described in paragraph (5) that begins oper-
ation in fiscal year 1996 shall be calculated by multiplying
$6,300 by 1⁄12 of the total anticipated enrollment as set
forth in the petition to establish the public charter school;
and
(B) 1997 THROUGH 2000.—The amount of the payment
to a public charter school described in paragraph (5) that
begins operation in any of fiscal years 1997 through 2000
shall be calculated by multiplying the uniform dollar
amount used in the formula established under section
2401(b) by 1⁄12 of the total anticipated enrollment as set
forth in the petition to establish the public charter school.
(7) PAYMENT TO SCHOOLS.—
(A) TRANSFER.—On September 1 of each of the years
1996 through 2000, the Mayor shall transfer, by electronic
funds transfer, the amount determined under paragraph
(6) for each public charter school from the escrow account
established under subsection (a) to a bank designated by
each such school.
(B) PRO RATA AND REMAINING FUNDS.—Subparagraphs
(C) and (D) of subsection (a)(2) shall apply to payments
made under this subsection, except that for purposes of
this subparagraph references to District of Columbia public
schools in such subparagraphs (C) and (D) shall be read
to refer to public charter schools.
110 STAT. 1321–141 PUBLIC LAW 104–134—APR. 26, 1996
Subtitle E—School Facilities Repair and
Improvement
SEC. 2550. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘facilities’’ means buildings, structures, and
real property of the District of Columbia public schools, except
that such term does not include any administrative office build-
ing that is not located in a building containing classrooms;
and
(2) the term ‘‘repair and improvement’’ includes administra-
tion, construction, and renovation.
PART 1—SCHOOL FACILITIES
SEC. 2551. TECHNICAL ASSISTANCE.
(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act the Administrator of the General Services
Administration shall enter into a Memorandum of Agreement or
Understanding (referred to in this subtitle as the ‘‘Agreement’’)
with the Superintendent regarding the terms under which the
Administrator will provide technical assistance and related services
with respect to District of Columbia public schools facilities manage-
ment in accordance with this section.
(b) TECHNICAL ASSISTANCE AND RELATED SERVICES.—The tech-
nical assistance and related services described in subsection (a)
shall include—
(1) the Administrator consulting with and advising District
of Columbia public school personnel responsible for public
schools facilities management, including repair and improve-
ment with respect to facilities management of such schools;
(2) the Administrator assisting the Superintendent in
developing a systemic and comprehensive facilities revitaliza-
tion program, for the repair and improvement of District of
Columbia public school facilities, which program shall—
(A) include a list of facilities to be repaired and
improved in a recommended order of priority;
(B) provide the repair and improvement required to
support modern technology; and
(C) take into account the Preliminary Facilities Master
Plan 2005 (prepared by the Superintendent’s Task Force
on Education Infrastructure for the 21st Century);
(3) the method by which the Superintendent will accept
donations of private goods and services for use by the District
of Columbia public schools without regard to any law or regula-
tion of the District of Columbia;
(4) the Administrator recommending specific repair and
improvement projects in District of Columbia public school
facilities to the Superintendent that are appropriate for comple-
tion by members and units of the National Guard and the
Reserves in accordance with the program developed under para-
graph (2);
(5) upon the request of the Superintendent, the Adminis-
trator assisting the appropriate District of Columbia public
school officials in the preparation of an action plan for the
performance of any repair and improvement recommended in
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–142
the program developed under paragraph (2), which action plan
shall detail the technical assistance and related services the
Administrator proposes to provide in the accomplishment of
the repair and improvement;
(6) upon the request of the Superintendent, and if consist-
ent with the efficient use of resources as determined by the
Administrator, the coordination of the accomplishment of any
repair and improvement in accordance with the action plan
prepared under paragraph (5), except that in carrying out this
paragraph, the Administrator shall not be subject to the
requirements of title III of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 471 et seq., and 41
U.S.C. 251 et seq.), the Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.), nor shall such action plan be
subject to review under the bid protest procedures described
in sections 3551 through 3556 of title 31, United States Code,
or the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.);
(7) providing access for the Administrator to all District
of Columbia public school facilities as well as permitting the
Administrator to request and obtain any record or document
regarding such facilities as the Administrator determines nec-
essary, except that any such record or document shall not
become a record (as defined in section 552a of title 5, United
States Code) of the General Services Administration; and
(8) the Administrator making recommendations regarding
how District of Columbia public school facilities may be used
by the District of Columbia community for multiple purposes.
(c) AGREEMENT PROVISIONS.—The Agreement shall include—
(1) the procedures by which the Superintendent and
Administrator will consult with respect to carrying out this
section, including reasonable time frames for such consultation;
(2) the scope of the technical assistance and related services
to be provided by the General Services Administration in
accordance with this section;
(3) assurances by the Administrator and the Superintend-
ent to cooperate with each other in any way necessary to
ensure implementation of the Agreement, including assurances
that funds available to the District of Columbia shall be used
to pay the obligations of the District of Columbia public school
system that are incurred as a result of actions taken under,
or in furtherance of, the Agreement, in addition to funds avail-
able to the Administrator for purposes of this section; and
(4) the duration of the Agreement, except that in no event
shall the Agreement remain in effect later than the day that
is 24 months after the date that the Agreement is signed,
or the day that the agency designated pursuant to section
2552(a)(2) assumes responsibility for the District of Columbia
public school facilities, whichever day is earlier.
(d) LIMITATION ON ADMINISTRATOR’S LIABILITY.—No claim, suit,
or action may be brought against the Administrator in connection
with the discharge of the Administrator’s responsibilities under
this subtitle.
(e) SPECIAL RULE.—Notwithstanding any other provision of law,
the Administrator is authorized to accept and use a conditioned
gift made for the express purpose of repairing or improving a
District of Columbia public school, except that the Administrator
shall not be required to carry out any repair or improvement
110 STAT. 1321–143 PUBLIC LAW 104–134—APR. 26, 1996
under this section unless the Administrator accepts a donation
of private goods or services sufficient to cover the costs of such
repair or improvement.
(f) EFFECTIVE DATE.—This subtitle shall cease to be effective
on the earlier day specified in subsection (c)(4).
SEC. 2552. FACILITIES REVITALIZATION PROGRAM.
(a) PROGRAM.—Not later than 12 months after the date of
enactment of this Act, the Mayor and the District of Columbia
Council in consultation with the Administrator, the Authority, the
Board of Education, and the Superintendent, shall—
(1) design and implement a comprehensive long-term pro-
gram for the repair and improvement, and maintenance and
management, of the District of Columbia public school facilities,
which program shall incorporate the work completed in accord-
ance with the program described in section 2551(b)(2); and
(2) designate a new or existing agency or authority within
the District of Columbia Government to administer such pro-
gram.
(b) PROCEEDS.—Such program shall include—
(1) identifying short-term funding for capital and mainte-
nance of facilities, which may include retaining proceeds from
the sale or lease of a District of Columbia public school facility;
and
(2) identifying and designating long-term funding for cap-
ital and maintenance of facilities.
(c) IMPLEMENTATION.—Upon implementation of such program,
the agency or authority created or designated pursuant to sub-
section (a)(2) shall assume authority and responsibility for the
repair and improvement, and maintenance and management, of
District of Columbia public schools.
PART 2—WAIVERS
SEC. 2561. WAIVERS.
(a) IN GENERAL.—
(1) REQUIREMENTS WAIVED.—Subject to subsection (b), all
District of Columbia fees and all requirements contained in
the document entitled ‘‘District of Columbia Public Schools
Standard Contract Provisions’’ (as such document was in effect
on November 2, 1995 and including any revisions or modifica-
tions to such document) published by the District of Columbia
public schools for use with construction or maintenance projects,
are waived, for purposes of repair and improvement of District
of Columbia public schools facilities for a period beginning
on the date of enactment of this Act and ending 24 months
after such date.
(2) DONATIONS.—Any individual may volunteer his or her
services or may donate materials to a District of Columbia
public school facility for the repair and improvement of such
facility provided that the provision of voluntary services meets
the requirements of 29 U.S.C. 203(e)(4).
(b) LIMITATION.—A waiver under subsection (a) shall not apply
to requirements under 40 U.S.C. 276a–276a–7.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–144
PART 3—GIFTS, DONATIONS, BEQUESTS, AND DEVISES
SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.
(a) IN GENERAL.—A District of Columbia public school or a
public charter school may accept directly from any person a gift,
donation, bequest, or devise of any property, real or personal, with-
out regard to any law or regulation of the District of Columbia.
(b) TAX LAWS.—For the purposes of the income tax, gift tax,
and estate tax laws of the Federal Government, any money or
other property given, donated, bequeathed, or devised to a District
of Columbia public school or a public charter school, shall be deemed
to have been given, donated, bequeathed, or devised to or for the
use of the District of Columbia.
Subtitle F—Partnerships With Business
SEC. 2601. PURPOSE.
The purpose of this subtitle is—
(1) to leverage private sector funds utilizing initial Federal
investments in order to provide students and teachers within
the District of Columbia public schools and public charter
schools with access to state-of-the-art educational technology;
(2) to establish a regional job training and employment
center;
(3) to strengthen workforce preparation initiatives for stu-
dents within the District of Columbia public schools and public
charter schools;
(4) to coordinate private sector investments in carrying
out this title; and
(5) to assist the Superintendent with the development of
individual career paths in accordance with the long-term reform
plan.
SEC. 2602. DUTIES OF THE SUPERINTENDENT OF THE DISTRICT OF
COLUMBIA PUBLIC SCHOOLS.
The Superintendent is authorized to provide a grant to a pri-
vate, nonprofit corporation that meets the eligibility criteria under
section 2603 for the purposes of carrying out the duties under
sections 2604 and 2607.
SEC. 2603. ELIGIBILITY CRITERIA FOR PRIVATE, NONPROFIT COR-
PORATION.
A private, nonprofit corporation shall be eligible to receive
a grant under section 2602 if the corporation is a national business
organization incorporated in the District of Columbia, that—
(1) has a board of directors which includes members who
are also chief executive officers of technology-related corpora-
tions involved in education and workforce development issues;
(2) has extensive practical experience with initiatives that
link business resources and expertise with education and train-
ing systems;
(3) has experience in working with State and local edu-
cational agencies throughout the United States with respect
to the integration of academic studies with workforce prepara-
tion programs; and
110 STAT. 1321–145 PUBLIC LAW 104–134—APR. 26, 1996
(4) has a nationwide structure through which additional
resources can be leveraged and innovative practices dissemi-
nated.
SEC. 2604. DUTIES OF THE PRIVATE, NONPROFIT CORPORATION.
(a) DISTRICT EDUCATION AND LEARNING TECHNOLOGIES
ADVANCEMENT COUNCIL.—
(1) ESTABLISHMENT—The private, nonprofit corporation
shall establish a council to be known as the ‘‘District Education
and Learning Technologies Advancement Council’’ (in this sub-
title referred to as the ‘‘council’’).
(2) MEMBERSHIP.—
(A) IN GENERAL.—The private, nonprofit corporation
shall appoint members to the council. An individual shall
be appointed as a member to the council on the basis
of the commitment of the individual, or the entity which
the individual is representing, to providing time, energy,
and resources to the council.
(B) COMPENSATION.—Members of the council shall
serve without compensation.
(3) DUTIES.—The council—
(A) shall advise the private, nonprofit corporation with
respect to the duties of the corporation under subsections
(b) through (d) of this section; and
(B) shall assist the corporation in leveraging private
sector resources for the purpose of carrying out such duties.
(b) ACCESS TO STATE-OF-THE-ART EDUCATIONAL TECHNOLOGY.—
(1) IN GENERAL—The private, nonprofit corporation, in
conjunction with the Superintendent, students, parents, and
teachers, shall establish and implement strategies to ensure
access to state-of-the-art educational technology within the Dis-
trict of Columbia public schools and public charter schools.
(2) ELECTRONIC DATA TRANSFER SYSTEM.—The private, non-
profit corporation shall assist the Superintendent in acquiring
the necessary equipment, including computer hardware and
software, to establish an electronic data transfer system. The
private, nonprofit corporation shall also assist in arranging
for training of District of Columbia public school employees
in using such equipment.
(3) TECHNOLOGY ASSESSMENT.—
(A) IN GENERAL.—In establishing and implementing
the strategies under paragraph (1), the private, nonprofit
corporation, not later than September 1, 1996, shall provide
for an assessment of the availability, on the date of enact-
ment of this Act, of state-of-the-art educational technology
within the District of Columbia public schools and public
charter schools.
(B) CONDUCT OF ASSESSMENT.—In providing for the
assessment under subparagraph (A), the private, nonprofit
corporation—
(i) shall provide for onsite inspections of the state-
of-the-art educational technology within a minimum
sampling of District of Columbia public schools and
public charter schools; and
(ii) shall ensure proper input from students, par-
ents, teachers, and other school officials through the
use of focus groups and other appropriate mechanisms.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–146
(C) RESULTS OF ASSESSMENT.—The private, nonprofit
corporation shall ensure that the assessment carried out
under this paragraph provides, at a minimum, necessary
information on state-of-the-art educational technology
within the District of Columbia public schools and public
charter schools, including—
(i) the extent to which typical District of Columbia
public schools have access to such state-of-the-art edu-
cational technology and training for such technology;
(ii) how such schools are using such technology;
(iii) the need for additional technology and the
need for infrastructure for the implementation of such
additional technology;
(iv) the need for computer hardware, software,
training, and funding for such additional technology
or infrastructure; and
(v) the potential for computer linkages among Dis-
trict of Columbia public schools and public charter
schools.
(4) SHORT-TERM TECHNOLOGY PLAN.—
(A) IN GENERAL.—Based upon the results of the tech-
nology assessment under paragraph (3), the private, non-
profit corporation shall develop a 3-year plan that includes
goals, priorities, and strategies for obtaining the resources
necessary to implement strategies to ensure access to state-
of-the-art educational technology within the District of
Columbia public schools and public charter schools.
(B) IMPLEMENTATION.—The private, nonprofit corpora-
tion, in conjunction with schools, students, parents, and
teachers, shall implement the plan developed under
subparagraph (A).
(5) LONG-TERM TECHNOLOGY PLAN.—Prior to the completion
of the implementation of the short-term technology plan under
paragraph (4), the private, nonprofit corporation shall develop
a plan under which the corporation will continue to coordinate
the donation of private sector resources for maintaining the
continuous improvement and upgrading of state-of-the-art edu-
cational technology within the District of Columbia public
schools and public charter schools.
(c) DISTRICT EMPLOYMENT AND LEARNING CENTER.—
(1) ESTABLISHMENT.—The private, nonprofit corporation
shall establish a center to be known as the ‘‘District Employ-
ment and Learning Center’’ (in this subtitle referred to as
the ‘‘center’’), which shall serve as a regional institute providing
job training and employment assistance.
(2) DUTIES.—
(A) JOB TRAINING AND EMPLOYMENT ASSISTANCE PRO-
GRAM.—The center shall establish a program to provide
job training and employment assistance in the District
of Columbia and shall coordinate with career preparation
programs in existence on the date of enactment of this
Act, such as vocational education, school-to-work, and
career academies in the District of Columbia public schools.
(B) CONDUCT OF PROGRAM.—In carrying out the pro-
gram established under subparagraph (A), the center—
(i) shall provide job training and employment
assistance to youths who have attained the age of
110 STAT. 1321–147 PUBLIC LAW 104–134—APR. 26, 1996
18 but have not attained the age of 26, who are resi-
dents of the District of Columbia, and who are in
need of such job training and employment assistance
for an appropriate period not to exceed 2 years;
(ii) shall work to establish partnerships and enter
into agreements with appropriate agencies of the Dis-
trict of Columbia Government to serve individuals
participating in appropriate Federal programs, includ-
ing programs under the Job Training Partnership Act
(29 U.S.C. 1501 et seq.), the Job Opportunities and
Basic Skills Training Program under part F of title
IV of the Social Security Act (42 U.S.C. 681 et seq.),
the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.), and the School-
to-Work Opportunities Act of 1994 (20 U.S.C. 6101
et seq.);
(iii) shall conduct such job training, as appropriate,
through a consortium of colleges, universities, commu-
nity colleges, businesses, and other appropriate provid-
ers, in the District of Columbia metropolitan area;
(iv) shall design modular training programs that
allow students to enter and leave the training curricula
depending on their opportunities for job assignments
with employers; and
(v) shall utilize resources from businesses to
enhance work-based learning opportunities and facili-
tate access by students to work-based learning and
work experience through temporary work assignments
with employers in the District of Columbia metropoli-
tan area.
(C) COMPENSATION.—The center may provide com-
pensation to youths participating in the program under
this paragraph for part-time work assigned in conjunction
with training. Such compensation may include need-based
payments and reimbursement of expenses.
(d) WORKFORCE PREPARATION INITIATIVES.—
(1) IN GENERAL.—The private, nonprofit corporation shall
establish initiatives with the District of Columbia public
schools, and public charter schools, appropriate governmental
agencies, and businesses and other private entities, to facilitate
the integration of rigorous academic studies with workforce
preparation programs in District of Columbia public schools
and public charter schools.
(2) CONDUCT OF INITIATIVES.—In carrying out the initia-
tives under paragraph (1), the private, nonprofit corporation
shall, at a minimum, actively develop, expand, and promote
the following programs:
(A) Career academy programs in secondary schools,
as such programs are established in certain District of
Columbia public schools, which provide a school-within-
a-school concept, focusing on career preparation and the
integration of the academy programs with vocational and
technical curriculum.
(B) Programs carried out in the District of Columbia
that are funded under the School-to-Work Opportunities
Act of 1994 (20 U.S.C. 6101 et seq.).
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–148
SEC. 2605. MATCHING FUNDS.
The private, nonprofit corporation, to the extent practicable,
shall provide matching funds, or in-kind contributions, or a com-
bination thereof, for the purpose of carrying out the duties of
the corporation under section 2604, as follows:
(1) For fiscal year 1997, the nonprofit corporation shall
provide matching funds or in-kind contributions of $1 for every
$1 of Federal funds provided under this subtitle for such year
for activities under section 2604.
(2) For fiscal year 1998, the nonprofit corporation shall
provide matching funds or in-kind contributions of $3 for every
$1 of Federal funds provided under this subtitle for such year
for activities under section 2604.
(3) For fiscal year 1999, the nonprofit corporation shall
provide matching funds or in-kind contributions of $5 for every
$1 of Federal funds provided under this subtitle for such year
for activities under section 2604.
SEC. 2606. REPORT.
The private, nonprofit corporation shall prepare and submit
to the appropriate congressional committees on a quarterly basis,
or, with respect to fiscal year 1997, on a semiannual basis, a
report which shall contain—
(1) the activities the corporation has carried out, including
the duties of the corporation described in section 2604, for
the 3-month period ending on the date of the submission of
the report, or, with respect to fiscal year 1997, the 6-month
period ending on the date of the submission of the report;
(2) an assessment of the use of funds or other resources
donated to the corporation;
(3) the results of the assessment carried out under section
2604(b)(3); and
(4) a description of the goals and priorities of the corpora-
tion for the 3-month period beginning on the date of the submis-
sion of the report, or, with respect to fiscal year 1997, the
6-month period beginning on the date of the submission of
the report.
SEC. 2607. JOBS FOR D.C. GRADUATES PROGRAM. Establishment.
(a) IN GENERAL.—The nonprofit corporation shall establish a
program, to be known as the ‘‘Jobs for D.C. Graduates Program’’,
to assist District of Columbia public schools and public charter
schools in organizing and implementing a school-to-work transition
system, which system shall give priority to providing assistance
to at-risk youths and disadvantaged youths.
(b) CONDUCT OF PROGRAM.—In carrying out the program estab-
lished under subsection (a), the nonprofit corporation, consistent
with the policies of the nationally recognized Jobs for America’s
Graduates, Inc., shall—
(1) establish performance standards for such program;
(2) provide ongoing enhancement and improvements in
such program;
(3) provide research and reports on the results of such
program; and
(4) provide preservice and inservice training.
SEC. 2608. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—
110 STAT. 1321–149 PUBLIC LAW 104–134—APR. 26, 1996
(1) DELTA COUNCIL; ACCESS TO STATE-OF-THE-ART EDU-
CATIONAL TECHNOLOGY; AND WORKFORCE PREPARATION INITIA-
TIVES.—There are authorized to be appropriated to carry out
subsections (a), (b), and (d) of section 2604, $1,000,000 for
each of the fiscal years 1997, 1998, and 1999.
(2) DEAL CENTER.—There are authorized to be appropriated
to carry out section 2604(c), $2,000,000 for each of the fiscal
years 1997, 1998, and 1999.
(3) JOBS FOR D.C. GRADUATES PROGRAM.—There are author-
ized to be appropriated to carry out section 2607—
(A) $2,000,000 for fiscal year 1997; and
(B) $3,000,000 for each of the fiscal years 1998 through
2001.
(b) AVAILABILITY.—Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until
expended.
SEC. 2609. TERMINATION OF FEDERAL SUPPORT; SENSE OF THE CON-
GRESS RELATING TO CONTINUATION OF ACTIVITIES.
(a) TERMINATION OF FEDERAL SUPPORT.—The authority under
this subtitle to provide assistance to the private, nonprofit corpora-
tion or any other entity established pursuant to this subtitle shall
terminate on October 1, 1999.
(b) SENSE OF THE CONGRESS RELATING TO CONTINUATION OF
ACTIVITIES.—It is the sense of the Congress that—
(1) the activities of the private, nonprofit corporation under
section 2604 should continue to be carried out after October
1, 1999, with resources made available from the private sector;
and
(2) the corporation should provide oversight and coordina-
tion for such activities after such date.
Subtitle G—Management and Fiscal Accountabil-
ity; Preservation of School-Based Resources
SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.
Contracts. (a) FOOD SERVICES AND SECURITY SERVICES.—Notwithstanding
any other law, rule, or regulation, the Board of Education shall
enter into a contract for academic year 1995–1996 and each succeed-
ing academic year, for the provision of all food services operations
and security services for the District of Columbia public schools,
unless the Superintendent determines that it is not feasible and
provides the Superintendent’s reasons in writing to the Board of
Education and the Authority.
(b) DEVELOPMENT OF NEW MANAGEMENT AND DATA SYSTEMS.—
Notwithstanding any other law, rule, or regulation, the Board of
Education shall, in academic year 1995–1996, consult with the
Authority on the development of new management and data sys-
tems, as well as training of personnel to use and manage the
systems in areas of budget, finance, personnel and human resources,
management information services, procurement, supply manage-
ment, and other systems recommended by the Authority. Such
plans shall be consistent with, and contemporaneous to, the District
of Columbia Government’s development and implementation of a
replacement for the financial management system for the District
of Columbia Government in use on the date of enactment of this
Act.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–150
SEC. 2752. ACCESS TO FISCAL AND STAFFING DATA.
(a) IN GENERAL.—The budget, financial-accounting, personnel,
payroll, procurement, and management information systems of the
District of Columbia public schools shall be coordinated and inter-
face with related systems of the District of Columbia Government.
(b) ACCESS.—The Board of Education shall provide read-only
access to its internal financial management systems and all other
data bases to designated staff of the Mayor, the Council, the Author-
ity, and appropriate congressional committees.
SEC. 2753. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST.
(a) IN GENERAL.—The Board of Education shall develop its
fiscal year 1997 gross operating budget and its fiscal year 1997
appropriated funds budget request in accordance with this section.
(b) FISCAL YEAR 1996 BUDGET REVISION.—Not later than 60
days after enactment of this Act, the Board of Education shall
develop, approve, and submit to the Mayor, the District of Columbia
Council, the Authority, and appropriate congressional committees,
a revised fiscal year 1996 gross operating budget that reflects
the amount appropriated in the District of Columbia Appropriations
Act, 1996, and which—
(1) is broken out on the basis of appropriated funds and
nonappropriated funds, control center, responsibility center,
agency reporting code, object class, and object; and
(2) indicates by position title, grade, and agency reporting
code, all staff allocated to each District of Columbia public
school as of October 15, 1995, and indicates on an object class
basis all other-than-personal-services financial resources allo-
cated to each school.
(c) ZERO-BASE BUDGET.—For fiscal year 1997, the Board of
Education shall build its gross operating budget and appropriated
funds request from a zero-base, starting from the local school level
through the central office level.
(d) SCHOOL-BY-SCHOOL BUDGETS.—The Board of Education’s
initial fiscal year 1997 gross operating budget and appropriated
funds budget request submitted to the Mayor, the District of Colum-
bia Council, and the Authority shall contain school-by-school budg-
ets and shall also—
(1) be broken out on the basis of appropriated funds and
nonappropriated funds, control center, responsibility center,
agency reporting code, object class, and object;
(2) indicate by position title, grade, and agency reporting
code all staff budgeted for each District of Columbia public
school, and indicate on an object class basis all other-than-
personal-services financial resources allocated to each school;
and
(3) indicate the amount and reason for all changes made
to the initial fiscal year 1997 gross operating budget and appro-
priated funds request from the revised fiscal year 1996 gross
operating budget required by subsection (b).
SEC. 2754. TECHNICAL AMENDMENTS.
Section 1120A of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6322) is amended—
(1) in subsection (b)(1), by—
(A) striking ‘‘(A) Except as provided in subparagraph
(B), a State’’ and inserting ‘‘A State’’; and
110 STAT. 1321–151 PUBLIC LAW 104–134—APR. 26, 1996
(B) striking subparagraph (B); and
(2) by adding at the end thereof the following new sub-
section:
‘‘(d) EXCLUSION OF FUNDS.—For the purpose of complying with
subsections (b) and (c), a State or local educational agency may
exclude supplemental State or local funds expended in any school
attendance area or school for programs that meet the intent and
purposes of this part.’’.
SEC. 2755. EVEN START FAMILY LITERACY PROGRAMS.
Part B of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6361 et seq.) is amended—
(a) in section 1204(a) (20 U.S.C. 6364(a)), by inserting
‘‘intensive’’ after ‘‘cost of providing’’; and
(b) in section 1205(4) (20 U.S.C. 6365(4)), by inserting
‘‘, intensive’’ after ‘‘high-quality’’.
SEC. 2756. PRESERVATION OF SCHOOL-BASED STAFF POSITIONS.
(a) RESTRICTIONS ON REDUCTIONS OF SCHOOL-BASED EMPLOY-
EES.—To the extent that a reduction in the number of full-time
equivalent positions for the District of Columbia public schools
is required to remain within the number of full-time equivalent
positions established for the public schools in appropriations Acts,
no reductions shall be made from the full-time equivalent positions
for school-based teachers, principals, counselors, librarians, or other
school-based educational positions that were established as of the
end of fiscal year 1995, unless the Authority makes a determination
based on student enrollment that—
(1) fewer school-based positions are needed to maintain
established pupil-to-staff ratios; or
(2) reductions in positions for other than school-based
employees are not practicable.
(b) DEFINITION.—The term ‘‘school-based educational position’’
means a position located at a District of Columbia public school
or other position providing direct support to students at such a
school, including a position for a clerical, stenographic, or secretarial
employee, but not including any part-time educational aide position.
Subtitle H—Establishment and Organization of
the Commission on Consensus Reform in the
District of Columbia Public Schools
SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE DISTRICT
OF COLUMBIA PUBLIC SCHOOLS.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established within the District
of Columbia Government a Commission on Consensus Reform
in the District of Columbia Public Schools, consisting of 7
members to be appointed in accordance with paragraph (2).
President. (2) MEMBERSHIP.—The Consensus Commission shall consist
of the following members:
(A) 1 member to be appointed by the President chosen
from a list of 3 proposed members submitted by the Major-
ity Leader of the Senate.
(B) 1 member to be appointed by the President chosen
from a list of 3 proposed members submitted by the Speaker
of the House of Representatives.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–152
(C) 2 members to be appointed by the President, of
which 1 shall represent the local business community and
1 of which shall be a teacher in a District of Columbia
public school.
(D) The President of the District of Columbia Congress
of Parents and Teachers.
(E) The President of the Board of Education.
(F) The Superintendent.
(G) The Mayor and District of Columbia Council Chair-
man shall each name 1 nonvoting ex officio member.
(H) The Chief of the National Guard Bureau who shall
be an ex officio member.
(3) TERMS OF SERVICE.—The members of the Consensus
Commission shall serve for a term of 3 years.
(4) VACANCIES.—Any vacancy in the membership of the
Consensus Commission shall be filled by the appointment of
a new member in the same manner as provided for the vacated
membership. A member appointed under this paragraph shall
serve the remaining term of the vacated membership.
(5) QUALIFICATIONS.—Members of the Consensus Commis-
sion appointed under subparagraphs (A), (B), and (C) of para-
graph (2) shall be residents of the District of Columbia and
shall have a knowledge of public education in the District
of Columbia.
(6) CHAIR.—The Chair of the Consensus Commission shall
be chosen by the Consensus Commission from among its mem-
bers, except that the President of the Board of Education and
the Superintendent shall not be eligible to serve as Chair.
(7) NO COMPENSATION FOR SERVICE.—Members of the
Consensus Commission shall serve without pay, but may
receive reimbursement for any reasonable and necessary
expenses incurred by reason of service on the Consensus
Commission.
(b) EXECUTIVE DIRECTOR.—The Consensus Commission shall
have an Executive Director who shall be appointed by the Chair
with the consent of the Consensus Commission. The Executive
Director shall be paid at a rate determined by the Consensus
Commission, except that such rate may not exceed the highest
rate of pay payable for level EG–16 of the Educational Service
of the District of Columbia.
(c) STAFF.—With the approval of the Chair and the Authority,
the Executive Director may appoint and fix the pay of additional
personnel as the Executive Director considers appropriate, except
that no individual appointed by the Executive Director may be
paid at a rate greater than the rate of pay for the Executive
Director.
(d) SPECIAL RULE.—The Board of Education, or the Authority,
shall reprogram such funds, as the Chair of the Consensus Commis-
sion shall in writing request, subject to the approval of the Authority
from amounts available to the Board of Education.
SEC. 2852. PRIMARY PURPOSE AND FINDINGS.
(a) PURPOSE.—The primary purpose of the Consensus Commis-
sion is to assist in developing a long-term reform plan that has
the support of the District of Columbia community through the
participation of representatives of various critical segments of such
community in helping to develop and approve the plan.
110 STAT. 1321–153 PUBLIC LAW 104–134—APR. 26, 1996
(b) FINDINGS.—The Congress finds that—
(1) experience has shown that the failure of the District
of Columbia educational system has been due more to the
failure to implement a plan than the failure to develop a
plan;
(2) national studies indicate that 50 percent of secondary
school graduates lack basic literacy skills, and over 30 percent
of the 7th grade students in the District of Columbia public
schools drop out of school before graduating;
(3) standard student assessments indicate only average
performance for grade level and fail to identify individual stu-
dents who lack basic skills, allowing too many students to
graduate lacking these basic skills and diminishing the worth
of a diploma;
(4) experience has shown that successful schools have good
community, parent, and business involvement;
(5) experience has shown that reducing dropout rates in
the critical middle and secondary school years requires individ-
ual student involvement and attention through such activities
as arts or athletics; and
(6) experience has shown that close coordination between
educators and business persons is required to provide noncol-
lege-bound students the skills necessary for employment, and
that personal attention is vitally important to assist each stu-
dent in developing an appropriate career path.
SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COMMISSION.
(a) PRIMARY RESPONSIBILITY.—The Board of Education and the
Superintendent shall have primary responsibility for developing
and implementing the long-term reform plan for education in the
District of Columbia.
(b) DUTIES.—The Consensus Commission shall—
(1) identify any obstacles to implementation of the long-
term reform plan and suggest ways to remove such obstacles;
(2) assist in developing programs that—
(A) ensure every student in a District of Columbia
public school achieves basic literacy skills;
(B) ensure every such student possesses the knowledge
and skills necessary to think critically and communicate
effectively by the completion of grade 8; and
(C) lower the dropout rate in the District of Columbia
public schools;
(3) assist in developing districtwide assessments, including
individual assessments, that identify District of Columbia pub-
lic school students who lack basic literacy skills, with particular
attention being given to grade 4 and the middle school years,
and establish procedures to ensure that a teacher is made
accountable for the performance of every such student in such
teacher’s class;
(4) make recommendations to improve community, parent,
and business involvement in District of Columbia public schools
and public charter schools;
(5) assess opportunities in the District of Columbia to
increase individual student involvement and attention through
such activities as arts or athletics, and make recommendations
on how to increase such involvement; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–154
(6) assist in the establishment of procedures that ensure
every District of Columbia public school student is provided
the skills necessary for employment, including the development
of individual career paths.
(c) POWERS.—The Consensus Commission shall have the follow-
ing powers:
(1) To monitor and comment on the development and
implementation of the long-term reform plan.
(2) To exercise its authority, as provided in this subtitle,
as necessary to facilitate implementation of the long-term
reform plan.
(3) To review and comment on the budgets of the Board
of Education, the District of Columbia public schools and public
charter schools.
(4) To recommend rules concerning the management and
direction of the Board of Education that address obstacles to
the development or implementation of the long-term reform
plan.
(5) To review and comment on the core curriculum for
kindergarten through grade 12 developed under subtitle C.
(6) To review and comment on a core curriculum for pre-
kindergarten, vocational and technical training, and adult
education.
(7) To review and comment on all other educational pro-
grams carried out by the Board of Education and public charter
schools.
(8) To review and comment on the districtwide assessments
for measuring student achievement in the core curriculum
developed under subtitle C.
(9) To review and comment on the model professional devel-
opment programs for teachers using the core curriculum devel-
oped under subtitle C.
(d) LIMITATIONS.—
(1) IN GENERAL.—Except as otherwise provided in this sub-
title, the Consensus Commission shall have no powers to involve
itself in the management or operation of the Board of Education
with respect to the implementation of the long-term reform
plan.
SEC. 2854. IMPROVING ORDER AND DISCIPLINE.
(a) COMMUNITY SERVICE REQUIREMENT FOR SUSPENDED
STUDENTS.—
(1) IN GENERAL.—Any student suspended from classes at
a District of Columbia public school who is required to serve
the suspension outside the school shall perform community
service for the period of suspension. The community service
required by this subsection shall be subject to rules and regula-
tions promulgated by the Mayor.
(2) EFFECTIVE DATE.—This subsection shall take effect on
the first day of the 1996–1997 academic year.
(b) EXPIRATION DATE.—This section, and sections 2101(b)(1)(K)
and 2851(a)(2)(H), shall cease to be effective on the last day of
the 1997–1998 academic year.
(c) REPORT.—The Consensus Commission shall study the
effectiveness of the policies implemented pursuant to this section
in improving order and discipline in District of Columbia public
schools and report its findings to the appropriate congressional
110 STAT. 1321–155 PUBLIC LAW 104–134—APR. 26, 1996
committees not later than 60 days prior to the last day of the
1997–1998 academic year.
SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.
(a) IN GENERAL.—The Consensus Commission may examine
and request the Inspector General of the District of Columbia
or the Authority to audit the records of the Board of Education
to ensure, monitor, and evaluate the performance of the Board
of Education with respect to compliance with the long-term reform
plan and such plan’s overall educational achievement. The Consen-
sus Commission shall conduct an annual review of the educational
performance of the Board of Education with respect to meeting
the goals of such plan for such year. The Board of Education
shall cooperate and assist in the review or audit as requested
by the Consensus Commission.
(b) AUDIT.—The Consensus Commission may examine and
request the Inspector General of the District of Columbia or the
Authority to audit the records of any public charter school to assure,
monitor, and evaluate the performance of the public charter school
with respect to the content standards and districtwide assessments
described in section 2311(b). The Consensus Commission shall
receive a copy of each public charter school’s annual report.
SEC. 2856. INVESTIGATIVE POWERS.
The Consensus Commission may investigate any action or activ-
ity which may hinder the progress of any part of the long-term
reform plan. The Board of Education shall cooperate and assist
the Consensus Commission in any investigation. Reports of the
findings of any such investigation shall be provided to the Board
of Education, the Superintendent, the Mayor, the District of Colum-
bia Council, the Authority, and the appropriate congressional
committees.
SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COMMISSION.
(a) IN GENERAL.—The Consensus Commission may at any time
submit recommendations to the Board of Education, the Mayor,
the District of Columbia Council, the Authority, the Board of Trust-
ees of any public charter school and the Congress with respect
to actions the District of Columbia Government or the Federal
Government should take to ensure implementation of the long-
term reform plan.
(b) AUTHORITY ACTIONS.—Pursuant to the District of Columbia
Financial Responsibility and Management Assistance Act of 1995
or upon the recommendation of the Consensus Commission, the
Authority may take whatever actions the Authority deems necessary
to ensure the implementation of the long-term reform plan.
SEC. 2858. EXPIRATION DATE.
Except as otherwise provided in this subtitle, this subtitle
shall be effective during the period beginning on the date of enact-
ment of this Act and ending 7 years after such date.
Subtitle I—Parent Attendance at Parent-Teacher
Conferences
SEC. 2901. POLICY.
Notwithstanding any other provision of law, the Mayor is
authorized to develop and implement a policy encouraging all resi-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–156
dents of the District of Columbia with children attending a District
of Columbia public school to attend and participate in at least
one parent-teacher conference every 90 days during the academic
year.
This title may be cited as the ‘‘District of Columbia School Reform
Act of 1995’’.
(c) For programs, projects or activities in the Department of
the Interior and Related Agencies Appropriations Act, 1996, pro-
vided as follows, to be effective as if it had been enacted into
law as the regular appropriations Act:
AN ACT Department of
the Interior and
Making appropriations for the Department of the Interior and Related Agencies
Appropriations
related agencies for the fiscal year ending September 30, 1996, Act, 1996.
and for other purposes.
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improvement, devel-
opment, disposal, cadastral surveying, classification, acquisition of
easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdic-
tion of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral potential
of public lands pursuant to Public Law 96–487 (16 U.S.C. 3150(a)),
$567,453,000, to remain available until expended, of which
$2,000,000 shall be available for assessment of the mineral potential
of public lands in Alaska pursuant to section 1010 of Public Law
96–487 (16 U.S.C. 3150), and of which $4,000,000 shall be derived
from the special receipt account established by section 4 of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–6a(i)): Provided, That appropriations herein made shall
not be available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its contractors;
and in addition, $27,650,000 for Mining Law Administration pro-
gram operations, to remain available until expended, to be reduced
by amounts collected by the Bureau of Land Management and
credited to this appropriation from annual mining claim fees so
as to result in a final appropriation estimated at not more than
$567,453,000: Provided further, That in addition to funds otherwise
available, and to remain available until expended, not to exceed
$5,000,000 from annual mining claim fees shall be credited to
this account for the costs of administering the mining claim fee
program, and $2,000,000 from communication site rental fees estab-
lished by the Bureau.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire use and management, fire
preparedness, emergency presuppression, suppression operations,
emergency rehabilitation, and renovation or construction of fire
facilities in the Department of the Interior, $235,924,000, to remain
110 STAT. 1321–157 PUBLIC LAW 104–134—APR. 26, 1996
available until expended, of which not to exceed $5,025,000, shall
be available for the renovation or construction of fire facilities:
Provided, That notwithstanding any other provision of law, persons
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropria-
tion: Provided further, That such funds are also available for repay-
ment of advances to other appropriation accounts from which funds
were previously transferred for such purposes: Provided further,
That unobligated balances of amounts previously appropriated to
the Fire Protection and Emergency Department of the Interior
Firefighting Fund may be transferred or merged with this
appropriation.
CENTRAL HAZARDOUS MATERIALS FUND
For expenses necessary for use by the Department of the
Interior and any of its component offices and bureaus for the
remedial action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the Com-
prehensive Environmental Response, Compensation and Liability
Act, as amended (42 U.S.C. 9601 et seq.), $10,000,000, to remain
available until expended: Provided, That, notwithstanding 31 U.S.C.
3302, sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activities con-
ducted by the Department pursuant to sections 107 or 113(f) of
the Comprehensive Environmental Response, Compensation and
Liability Act, as amended (42 U.S.C. 9607 or 9613(f)), shall be
credited to this account and shall be available without further
appropriation and shall remain available until expended: Provided
further, That such sums recovered from or paid by any party are
not limited to monetary payments and may include stocks, bonds
or other personal or real property, which may be retained, liq-
uidated, or otherwise disposed of by the Secretary of the Interior
and which shall be credited to this account.
CONSTRUCTION AND ACCESS
For acquisition of lands and interests therein, and construction
of buildings, recreation facilities, roads, trails, and appurtenant
facilities, $3,115,000, to remain available until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901–07), $113,500,000, of which
not to exceed $400,000 shall be available for administrative
expenses.
LAND ACQUISITION
For expenses necessary to carry out the provisions of sections
205, 206, and 318(d) of Public Law 94–579 including administrative
expenses and acquisition of lands or waters, or interests therein,
$12,800,000 to be derived from the Land and Water Conservation
Fund, to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and devel-
opment of resources and for construction, operation, and mainte-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–158
nance of access roads, reforestation, and other improvements on
the revested Oregon and California Railroad grant lands, on other
Federal lands in the Oregon and California land-grant counties
of Oregon, and on adjacent rights-of-way; and acquisition of lands
or interests therein including existing connecting roads on or adja-
cent to such grant lands; $97,452,000, to remain available until
expended: Provided, That 25 per centum of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the provi-
sions of the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums
equal to 50 per centum of all moneys received during the prior
fiscal year under sections 3 and 15 of the Taylor Grazing Act
(43 U.S.C. 315 et seq.) and the amount designated for range
improvements from grazing fees and mineral leasing receipts from
Bankhead-Jones lands transferred to the Department of the Interior
pursuant to law, but not less than $9,113,000, to remain available
until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to process-
ing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under sections 209(b), 304(a), 304(b),
305(a), and 504(g) of the Act approved October 21, 1976 (43 U.S.C.
1701), and sections 101 and 203 of Public Law 93–153, to be
immediately available until expended: Provided, That notwithstand- 43 USC 1735
ing any provision to the contrary of section 305(a) of the Act note.
of October 21, 1976 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),
shall be available and may be expended under the authority of
this or subsequent appropriations Acts by the Secretary to improve,
protect, or rehabilitate any public lands administered through the
Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys collected
from each such forfeiture, compromise, or settlement are used on
the exact lands damage to which led to the forfeiture, compromise,
or settlement: Provided further, That such moneys are in excess
of amounts needed to repair damage to the exact land for which
collected.
110 STAT. 1321–159 PUBLIC LAW 104–134—APR. 26, 1996
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under exist-
ing law, there is hereby appropriated such amounts as may be
contributed under section 307 of the Act of October 21, 1976 (43
U.S.C. 1701), and such amounts as may be advanced for administra-
tive costs, surveys, appraisals, and costs of making conveyances
of omitted lands under section 211(b) of that Act, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings
and appurtenant facilities to which the United States has title;
up to $100,000 for payments, at the discretion of the Secretary,
for information or evidence concerning violations of laws adminis-
tered by the Bureau of Land Management; miscellaneous and emer-
gency expenses of enforcement activities authorized or approved
by the Secretary and to be accounted for solely on his certificate,
not to exceed $10,000: Provided, That notwithstanding 44 U.S.C.
501, the Bureau may, under cooperative cost-sharing and partner-
ship arrangements authorized by law, procure printing services
from cooperators in connection with jointly-produced publications
for which the cooperators share the cost of printing either in cash
or in services, and the Bureau determines the cooperator is capable
of meeting accepted quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and utiliza-
tion of fishery and wildlife resources, except whales, seals, and
sea lions, and for the performance of other authorized functions
related to such resources; for the general administration of the
United States Fish and Wildlife Service; and for maintenance of
the herd of long-horned cattle on the Wichita Mountains Wildlife
Refuge; and not less than $1,000,000 for high priority projects
within the scope of the approved budget which shall be carried
out by the Youth Conservation Corps as authorized by the Act
of August 13, 1970, as amended by Public Law 93–408,
$501,010,000, to remain available for obligation until September
30, 1997, of which $4,000,000 shall be available for activities under
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533),
of which $11,557,000 shall be available until expended for operation
and maintenance of fishery mitigation facilities constructed by the
Corps of Engineers under the Lower Snake River Compensation
Plan, authorized by the Water Resources Development Act of 1976
(90 Stat. 2921), to compensate for loss of fishery resources from
water development projects on the Lower Snake River: Provided,
That unobligated and unexpended balances in the Resource
Management account at the end of fiscal year 1995, shall be merged
with and made a part of the fiscal year 1996 Resource Management
appropriation, and shall remain available for obligation until
September 30, 1997: Provided further, That no monies appropriated
under this or any other Act shall be used by the Secretary of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–160
the Interior or by the Secretary of Commerce to implement sub-
sections (a), (b), (c), (e), (g) or (i) of section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533), until such time as legislation
reauthorizing the Act is enacted or until the end of fiscal year
1996, whichever is earlier, except that monies may be used to
delist or reclassify species pursuant to sections 4(a)(2)(B),
4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Endangered Species Act, and
to issue emergency listings under section 4(b)(7) of the Endangered
Species Act: Provided further, That the President is authorized President.
to suspend the provisions of the preceeding proviso if he determines Reports.
that such suspension is appropriate based upon the public interest
in sound environmental management, sustainable resource use,
protection of national or locally-affected interests, or protection
of any cultural, biological or historic resources. Any suspension
by the President shall take effect on such date, and continue in
effect for such period (not to extend beyond the period in which
the preceeding proviso would otherwise be in effect), as the Presi-
dent may determine, and shall be reported to the Congress.
CONSTRUCTION
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection,
and utilization of fishery and wildlife resources, and the acquisition
of lands and interests therein; $37,655,000, to remain available
until expended.
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the provisions
of the Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601, et seq.), Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), the
Oil Pollution Act of 1990 (Public Law 101–380), and the Act of
July 27, 1990 (Public Law 101–337); $4,000,000, to remain available
until expended: Provided, That sums provided by any party in 43 USC 1474b–1.
fiscal year 1996 and thereafter are not limited to monetary pay-
ments and may include stocks, bonds or other personal or real
property, which may be retained, liquidated or otherwise disposed
of by the Secretary and such sums or properties shall be utilized
for the restoration of injured resources, and to conduct new damage
assessment activities.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4–11), including administrative expenses, and for acquisition
of land or waters, or interest therein, in accordance with statutory
authority applicable to the United States Fish and Wildlife Service,
$36,900,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out the provisions of the Endan-
gered Species Act of 1973 (16 U.S.C. 1531–1543), as amended
by Public Law 100–478, $8,085,000 for grants to States, to be
110 STAT. 1321–161 PUBLIC LAW 104–134—APR. 26, 1996
derived from the Cooperative Endangered Species Conservation
Fund, and to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $10,779,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions of the Afri-
can Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213,
4221–4225, 4241–4245, and 1538), $600,000, to remain available
until expended.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101–233,
$6,750,000, to remain available until expended.
LAHONTAN VALLEY AND PYRAMID LAKE FISH AND WILDLIFE FUND
For carrying out section 206(f) of Public Law 101–618, such
sums as have previously been credited or may be credited hereafter
to the Lahontan Valley and Pyramid Lake Fish and Wildlife Fund,
to be available until expended without further appropriation.
RHINOCEROS AND TIGER CONSERVATION FUND
For deposit to the Rhinoceros and Tiger Conservation Fund,
$200,000, to remain available until expended, to be available to
carry out the provisions of the Rhinoceros and Tiger Conservation
Act of 1994 (Public Law 103–391).
WILDLIFE CONSERVATION AND APPRECIATION FUND
For deposit to the Wildlife Conservation and Appreciation Fund,
$800,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for purchase of not to exceed
113 passenger motor vehicles; not to exceed $400,000 for payment,
at the discretion of the Secretary, for information, rewards, or
evidence concerning violations of laws administered by the United
States Fish and Wildlife Service, and miscellaneous and emergency
expenses of enforcement activities, authorized or approved by the
Secretary and to be accounted for solely on his certificate; repair
of damage to public roads within and adjacent to reservation areas
caused by operations of the United States Fish and Wildlife Service;
options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on con-
servation areas as are consistent with their primary purpose; and
the maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the United States Fish and Wild-
life Service and to which the United States has title, and which
are utilized pursuant to law in connection with management and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–162
investigation of fish and wildlife resources: Provided, That notwith-
standing 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly-pro-
duced publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the Service
determines the cooperator is capable of meeting accepted quality
standards: Provided further, That the United States Fish and Wild-
life Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding any other provision
of law, the Secretary of the Interior may not spend any of the
funds appropriated in this Act for the purchase of lands or interests
in lands to be used in the establishment of any new unit of the
National Wildlife Refuge System unless the purchase is approved
in advance by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures contained in
House Report 103–551: Provided further, That none of the funds
made available in this Act may be used by the U.S. Fish and
Wildlife Service to impede or delay the issuance of a wetlands
permit by the U.S. Army Corps of Engineers to the City of Lake
Jackson, Texas, for the development of a public golf course west
of Buffalo Camp Bayou between the Brazos River and Highway
332: Provided further, That the Director of the Fish and Wildlife
Service may charge reasonable fees for expenses to the Federal
Government for providing training by the National Education and
Training Center: Provided further, That all training fees collected
shall be available to the Director, until expended, without further
appropriation, to be used for the costs of training and education
provided by the National Education and Training Center: Provided
further, That with respect to lands leased for farming pursuant
to Public Law 88–567, if for any reason the Secretary disapproves
for use in 1996 or does not finally approve for use in 1996 any
pesticide or chemical which was approved for use in 1995 or had
been requested for use in 1996 by the submission of a pesticide
use proposal as of September 19, 1995, none of the funds in this
Act may be used to develop, implement, or enforce regulations
or policies (including pesticide use proposals) related to the use
of chemicals and pest management that are more restrictive than
the requirements of applicable State and Federal laws related to
the use of chemicals and pest management practices on non-Federal
lands.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administra-
tion of the National Park Service, including not to exceed $1,593,000
for the Volunteers-in-Parks program, and not less than $1,000,000
for high priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps as
authorized by the Act of August 13, 1970, as amended by Public
Law 93–408, $1,082,481,000, without regard to the Act of August
24, 1912, as amended (16 U.S.C. 451), of which not to exceed
$72,000,000, to remain available until expended is to be derived
110 STAT. 1321–163 PUBLIC LAW 104–134—APR. 26, 1996
from the special fee account established pursuant to title V, section
5201, of Public Law 100–203.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, natu-
ral programs, cultural programs, environmental compliance and
review, international park affairs, statutory or contractual aid for
other activities, and grant administration, not otherwise provided
for, $37,649,000: Provided, That $236,000 of the funds provided
herein are for the William O. Douglas Outdoor Education Center,
subject to authorization.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the provisions of the
Historic Preservation Act of 1966 (80 Stat. 915), as amended (16
U.S.C. 470), $36,212,000, to be derived from the Historic Preserva-
tion Fund, established by section 108 of that Act, as amended,
to remain available for obligation until September 30, 1997.
CONSTRUCTION
For construction, improvements, repair or replacement of phys-
ical facilities, $143,225,000, to remain available until expended:
Provided, That not to exceed $4,500,000 of the funds provided
herein shall be paid to the Army Corps of Engineers for modifica-
tions authorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989: Provided further, That funds
provided under this head, derived from the Historic Preservation
Fund, established by the Historic Preservation Act of 1966
(80 Stat. 915), as amended (16 U.S.C. 470), may be available
until expended to render sites safe for visitors and for building
stabilization.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
16 USC 460l–10a The contract authority provided for fiscal year 1996 by 16
note. U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4–11), including administrative expenses, and for acquisition
of lands or waters, or interest therein, in accordance with statutory
authority applicable to the National Park Service, $49,100,000,
to be derived from the Land and Water Conservation Fund, to
remain available until expended, and of which $1,500,000 is to
administer the State assistance program: Provided, That any funds
made available for the purpose of acquisition of the Elwha and
Glines dams shall be used solely for acquisition, and shall not
be expended until the full purchase amount has been appropriated
by the Congress.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available
for the purchase of not to exceed 518 passenger motor vehicles,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–164
of which 323 shall be for replacement only, including not to exceed
411 for police-type use, 12 buses, and 5 ambulances: Provided,
That none of the funds appropriated to the National Park Service
may be used to process any grant or contract documents which
do not include the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Service may
be used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been submit-
ted to the Congress and shall not be implemented prior to the
expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the development
of the southern end of Ellis Island, including the facts and cir-
cumstances relied upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the United
Nations Biodiversity Convention.
The National Park Service may enter into cooperative agree-
ments that involve the transfer of National Park Service appro-
priated funds to State, local and tribal governments, other public
entities, educational institutions, and private nonprofit organiza-
tions for the public purpose of carrying out National Park Service
programs.
The National Park Service shall, within existing funds, conduct Alaska.
a Feasibility Study for a northern access route into Denali National 16 USC 347 note.
Park and Preserve in Alaska, to be completed within one year
of the enactment of this Act and submitted to the House and
Senate Committees on Appropriations and to the Senate Committee
on Energy and Natural Resources and the House Committee on
Resources. The Feasibility Study shall ensure that resource impacts
from any plan to create such access route are evaluated with
accurate information and according to a process that takes into
consideration park values, visitor needs, a full range of alternatives,
the viewpoints of all interested parties, including the tourism indus-
try and the State of Alaska, and potential needs for compliance
with the National Environmental Policy Act. The Study shall also
address the time required for development of alternatives and iden-
tify all associated costs.
This Feasibility Study shall be conducted solely by the National 16 USC 347 note.
Park Service planning personnel permanently assigned to National
Park Service offices located in the State of Alaska in consultation
with the State of Alaska Department of Transportation.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, and the mineral and water resources
of the United States, its Territories and possessions, and other
areas as authorized by law (43 U.S.C. 31, 1332 and 1340); classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); and publish and disseminate data relative to the
110 STAT. 1321–165 PUBLIC LAW 104–134—APR. 26, 1996
foregoing activities; and to conduct inquiries into the economic
conditions affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes
as authorized by law and to publish and disseminate data;
$730,163,000, of which $62,130,000 shall be available for coopera-
tion with States or municipalities for water resources investigations,
and of which $137,000,000 for resource research and the operations
of Cooperative Research Units shall remain available until Septem-
ber 30, 1997, and of which $16,000,000 shall remain available
until expended for conducting inquiries into the economic conditions
affecting mining and materials processing industries: Provided,
43 USC 50. That no part of this appropriation shall be used to pay more
than one-half the cost of any topographic mapping or water
resources investigations carried on in cooperation with any State
or municipality: Provided further, That funds available herein for
resource research may be used for the purchase of not to exceed
61 passenger motor vehicles, of which 55 are for replacement only:
Provided further, That none of the funds available under this head
for resource research shall be used to conduct new surveys on
private property, including new aerial surveys for the designation
of habitat under the Endangered Species Act, except when it is
made known to the Federal official having authority to obligate
or expend such funds that the survey or research has been requested
and authorized in writing by the property owner or the owner’s
authorized representative: Provided further, That none of the funds
provided herein for resource research may be used to administer
a volunteer program when it is made known to the Federal official
having authority to obligate or expend such funds that the volun-
teers are not properly trained or that information gathered by
Guidelines. the volunteers is not carefully verified: Provided further, That no
later than April 1, 1996, the Director of the United States Geological
Survey shall issue agency guidelines for resource research that
ensure that scientific and technical peer review is utilized as fully
as possible in selection of projects for funding and ensure the
validity and reliability of research and data collection on Federal
lands: Provided further, That no funds available for resource
research may be used for any activity that was not authorized
prior to the establishment of the National Biological Survey: Pro-
Reports. vided further, That once every five years the National Academy
43 USC 31i. of Sciences shall review and report on the resource research activi-
ties of the Survey: Provided further, That if specific authorizing
legislation is enacted during or before the start of fiscal year 1996,
the resource research component of the Survey should comply with
the provisions of that legislation: Provided further, That unobligated
and unexpended balances in the National Biological Survey,
Research, inventories and surveys account at the end of fiscal
year 1995, shall be merged with and made a part of the United
States Geological Survey, Surveys, investigations, and research
account and shall remain available for obligation until September
Government 30, 1996: Provided further, That the authority granted to the United
organization. States Bureau of Mines to conduct mineral surveys and to determine
43 USC 1782 mineral values by section 603 of Public Law 94–579 is hereby
note.
transferred to, and vested in, the Director of the United States
Geological Survey.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–166
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological Sur-
vey shall be available for purchase of not to exceed 22 passenger
motor vehicles, for replacement only; reimbursement to the General
Services Administration for security guard services; contracting for
the furnishing of topographic maps and for the making of geo-
physical or other specialized surveys when it is administratively
determined that such procedures are in the public interest; construc-
tion and maintenance of necessary buildings and appurtenant facili-
ties; acquisition of lands for gauging stations and observation wells;
expenses of the United States National Committee on Geology;
and payment of compensation and expenses of persons on the
rolls of the United States Geological Survey appointed, as author-
ized by law, to represent the United States in the negotiation
and administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as defined
in 31 U.S.C. 6302, et seq.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable
to oil, gas, and other minerals leases, permits, licenses and operat-
ing contracts; and for matching grants or cooperative agreements;
including the purchase of not to exceed eight passenger motor
vehicles for replacement only; $182,555,000, of which not less than
$70,105,000 shall be available for royalty management activities;
and an amount not to exceed $15,400,000 for the Technical Informa-
tion Management System and Related Activities of the Outer Con-
tinental Shelf (OCS) Lands Activity, to be credited to this appropria-
tion and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August 5,
1993, from rate increases to fee collections for OCS administrative
activities performed by the Minerals Management Service over and
above the rates in effect on September 30, 1993, and from additional
fees for OCS administrative activities established after September
30, 1993: Provided, That beginning in fiscal year 1996 and there- 43 USC 1337
after, fees for royalty rate relief applications shall be established note.
(and revised as needed) in Notices to Lessees, and shall be credited
to this account in the program areas performing the function, and
remain available until expended for the costs of administering the
royalty rate relief authorized by 43 U.S.C. 1337(a)(3): Provided
further, That $1,500,000 for computer acquisitions shall remain
available until September 30, 1997: Provided further, That funds
appropriated under this Act shall be available for the payment
of interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other provi-
sion of law, $15,000 under this head shall be available for refunds
of overpayments in connection with certain Indian leases in which
the Director of the Minerals Management Service concurred with
the claimed refund due, to pay amounts owed to Indian allottees
110 STAT. 1321–167 PUBLIC LAW 104–134—APR. 26, 1996
or Tribes, or to correct prior unrecoverable erroneous payments:
30 USC 191b. Provided further, That beginning in fiscal year 1996 and thereafter,
the Secretary shall take appropriate action to collect unpaid and
underpaid royalties and late payment interest owed by Federal
and Indian mineral lessees and other royalty payors on amounts
received in settlement or other resolution of disputes under, and
for partial or complete termination of, sales agreements for minerals
from Federal and Indian leases.
OIL SPILL RESEARCH
For necessary expenses to carry out the purposes of title I,
section 1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990, $6,440,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
BUREAU OF MINES
MINES AND MINERALS
For expenses necessary for, and incidental to, the closure of
the United States Bureau of Mines, $64,000,000, to remain available
until expended, of which not to exceed $5,000,000 may be used
for the completion and/or transfer of certain ongoing projects within
the United States Bureau of Mines, such projects to be identified
by the Secretary of the Interior within 90 days of enactment of
Government this Act: Provided, That there hereby are transferred to, and vested
organization. in, the Secretary of Energy: (1) the functions pertaining to the
30 USC 1 note. promotion of health and safety in mines and the mineral industry
through research vested by law in the Secretary of the Interior
or the United States Bureau of Mines and performed in fiscal
year 1995 by the United States Bureau of Mines at its Pittsburgh
Research Center in Pennsylvania, and at its Spokane Research
Center in Washington; (2) the functions pertaining to the conduct
of inquiries, technological investigations and research concerning
the extraction, processing, use and disposal of mineral substances
vested by law in the Secretary of the Interior or the United States
Bureau of Mines and performed in fiscal year 1995 by the United
States Bureau of Mines under the minerals and materials science
programs at its Pittsburgh Research Center in Pennsylvania, and
at its Albany Research Center in Oregon; and (3) the functions
pertaining to mineral reclamation industries and the development
of methods for the disposal, control, prevention, and reclamation
of mineral waste products vested by law in the Secretary of the
Interior or the United States Bureau of Mines and performed in
fiscal year 1995 by the United States Bureau of Mines at its
Pittsburgh Research Center in Pennsylvania: Provided further,
That, if any of the same functions were performed in fiscal year
1995 at locations other than those listed above, such functions
shall not be transferred to the Secretary of Energy from those
other locations: Provided further, That the Director of the Office
of Management and Budget, in consultation with the Secretary
of Energy and the Secretary of the Interior, is authorized to make
such determinations as may be necessary with regard to the transfer
of functions which relate to or are used by the Department of
the Interior, or component thereof affected by this transfer of func-
tions, and to make such dispositions of personnel, facilities, assets,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–168
liabilities, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other funds held,
used, arising from, available to or to be made available in connection
with, the functions transferred herein as are deemed necessary
to accomplish the purposes of this transfer: Provided further, That
all reductions in personnel complements resulting from the provi-
sions of this Act shall, as to the functions transferred to the Sec-
retary of Energy, be done by the Secretary of the Interior as
though these transfers had not taken place but had been required
of the Department of the Interior by all other provisions of this
Act before the transfers of function became effective: Provided fur- Effective date.
ther, That the transfers of function to the Secretary of Energy
shall become effective on the date specified by the Director of
the Office of Management and Budget, but in no event later than
90 days after enactment into law of this Act: Provided further,
That the reference to ‘‘function’’ includes, but is not limited to,
any duty, obligation, power, authority, responsibility, right, privi-
lege, and activity, or the plural thereof, as the case may be.
ADMINISTRATIVE PROVISIONS
The Secretary is authorized to accept lands, buildings, equip- 43 USC 1473a
ment, other contributions, and fees from public and private sources, note.
and to prosecute projects using such contributions and fees in
cooperation with other Federal, State or private agencies: Provided,
That the Bureau of Mines is authorized, during the current fiscal
year, to sell directly or through any Government agency, including
corporations, any metal or mineral products that may be manufac-
tured in pilot plants operated by the Bureau of Mines, and the
proceeds of such sales shall be covered into the Treasury as mis-
cellaneous receipts: Provided further, That notwithstanding any
other provision of law, the Secretary is authorized to convey, without
reimbursement, title and all interest of the United States in prop-
erty and facilities of the United States Bureau of Mines in Juneau,
Alaska, to the City and Borough of Juneau, Alaska; in Tuscaloosa,
Alabama, to the University of Alabama; in Rolla, Missouri, to the
University of Missouri-Rolla; and in other localities to such univer-
sity or government entities as the Secretary deems appropriate.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, including the purchase of not to exceed 15
passenger motor vehicles for replacement only; $95,470,000, and
notwithstanding 31 U.S.C. 3302, an additional amount shall be
credited to this account, to remain available until expended, from
performance bond forfeitures in fiscal year 1996: Provided, That
notwithstanding any other provision of law, the Secretary of the
Interior, pursuant to regulations, may utilize directly or through
grants to States, moneys collected in fiscal year 1996 pursuant
to the assessment of civil penalties under section 518 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268),
to reclaim lands adversely affected by coal mining practices after
August 3, 1977, to remain available until expended: Provided fur-
ther, That notwithstanding any other provision of law, appropria- 30 USC 1211
note.
110 STAT. 1321–169 PUBLIC LAW 104–134—APR. 26, 1996
tions for the Office of Surface Mining Reclamation and Enforcement
may provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title
IV of the Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase of not more
than 22 passenger motor vehicles for replacement only,
$173,887,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Pro-
vided, That grants to minimum program States will be $1,500,000
per State in fiscal year 1996: Provided further, That of the funds
herein provided up to $18,000,000 may be used for the emergency
program authorized by section 410 of Public Law 95–87, as amend-
ed, of which no more than 25 per centum shall be used for emer-
gency reclamation projects in any one State and funds for Federally-
administered emergency reclamation projects under this proviso
shall not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency reclamation pro-
gram shall not be subject to the 25 per centum limitation per
State and may be used without fiscal year limitation for emergency
projects: Provided further, That pursuant to Public Law 97–365,
the Department of the Interior is authorized to utilize up to 20
per centum from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect these
debts: Provided further, That funds made available to States under
title IV of Public Law 95–87 may be used, at their discretion,
for any required non-Federal share of the cost of projects funded
by the Federal Government for the purpose of environmental res-
toration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For operation of Indian programs by direct expenditure, con-
tracts, cooperative agreements, compacts, and grants including
expenses necessary to provide education and welfare services for
Indians, either directly or in cooperation with States and other
organizations, including payment of care, tuition, assistance, and
other expenses of Indians in boarding homes, or institutions, or
schools; grants and other assistance to needy Indians; maintenance
of law and order; management, development, improvement, and
protection of resources and appurtenant facilities under the jurisdic-
tion of the Bureau of Indian Affairs, including payment of irrigation
assessments and charges; acquisition of water rights; advances
for Indian industrial and business enterprises; operation of Indian
arts and crafts shops and museums; development of Indian arts
and crafts, as authorized by law; for the general administration
of the Bureau of Indian Affairs, including such expenses in field
offices; maintaining of Indian reservation roads as defined in section
101 of title 23, United States Code; and construction, repair, and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–170
improvement of Indian housing, $1,384,434,000, of which not to
exceed $100,255,000 shall be for welfare assistance grants and
not to exceed $104,626,000 shall be for payments to tribes and
tribal organizations for contract support costs associated with
ongoing contracts or grants or compacts entered into with the
Bureau of Indian Affairs prior to fiscal year 1996, as authorized
by the Indian Self-Determination Act of 1975, as amended, and
up to $5,000,000 shall be for the Indian Self-Determination Fund,
which shall be available for the transitional cost of initial or
expanded tribal contracts, grants, compacts, or cooperative agree-
ments with the Bureau of Indian Affairs under the provisions
of the Indian Self-Determination Act; and of which not to exceed
$330,711,000 for school operations costs of Bureau-funded schools
and other education programs shall become available for obligation
on July 1, 1996, and shall remain available for obligation until
September 30, 1997; and of which not to exceed $68,209,000 for
higher education scholarships, adult vocational training, and assist-
ance to public schools under the Act of April 16, 1934 (48 Stat.
596), as amended (25 U.S.C. 452 et seq.), shall remain available
for obligation until September 30, 1997; and of which not to exceed
$71,854,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support,
self-governance grants, the Indian Self-Determination Fund, and
the Navajo-Hopi Settlement Program: Provided, That tribes and
tribal contractors may use their tribal priority allocations for unmet
indirect costs of ongoing contracts, grants or compact agreements:
Provided further, That funds made available to tribes and tribal
organizations through contracts or grants obligated during fiscal
year 1996, as authorized by the Indian Self-Determination Act
of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants authorized
by the Indian Education Amendments of 1988 (25 U.S.C. 2001
and 2008A) shall remain available until expended by the contractor
or grantee: Provided further, That to provide funding uniformity
within a Self-Governance Compact, any funds provided in this
Act with availability for more than one year may be reprogrammed
to one year availability but shall remain available within the Com-
pact until expended: Provided further, That notwithstanding any
other provision of law, Indian tribal governments may, by appro-
priate changes in eligibility criteria or by other means, change
eligibility for general assistance or change the amount of general
assistance payments for individuals within the service area of such
tribe who are otherwise deemed eligible for general assistance pay-
ments so long as such changes are applied in a consistent manner
to individuals similarly situated: Provided further, That any savings
realized by such changes shall be available for use in meeting
other priorities of the tribes: Provided further, That any net increase
in costs to the Federal Government which result solely from tribally
increased payment levels for general assistance shall be met exclu-
sively from funds available to the tribe from within its tribal priority
allocation: Provided further, That any forestry funds allocated to
a tribe which remain unobligated as of September 30, 1996, may
be transferred during fiscal year 1997 to an Indian forest land
assistance account established for the benefit of such tribe within
the tribe’s trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September
30, 1997: Provided further, That notwithstanding any other provi-
sion of law, no funds available to the Bureau of Indian Affairs,
110 STAT. 1321–171 PUBLIC LAW 104–134—APR. 26, 1996
other than the amounts provided herein for assistance to public
schools under the Act of April 16, 1934 (48 Stat. 596), as amended
(25 U.S.C. 452 et seq.), shall be available to support the operation
of any elementary or secondary school in the State of Alaska in
fiscal year 1996: Provided further, That funds made available in
this or any other Act for expenditure through September 30, 1997
for schools funded by the Bureau of Indian Affairs shall be available
only to the schools which are in the Bureau of Indian Affairs
school system as of September 1, 1995: Provided further, That
no funds available to the Bureau of Indian Affairs shall be used
to support expanded grades for any school beyond the grade struc-
ture in place at each school in the Bureau of Indian Affairs school
25 USC 2012 system as of October 1, 1995: Provided further, That notwithstand-
note. ing the provisions of 25 U.S.C. 2011(h)(1)(B) and (c), upon the
recommendation of a local school board for a Bureau of Indian
Affairs operated school, the Secretary shall establish rates of basic
compensation or annual salary rates for the positions of teachers
and counselors (including dormitory and homeliving counselors)
at the school at a level not less than that for comparable positions
in public school districts in the same geographic area, to become
effective on July 1, 1997: Provided further, That of the funds avail-
able only through September 30, 1995, not to exceed $8,000,000
in unobligated and unexpended balances in the Operation of Indian
Programs account shall be merged with and made a part of the
fiscal year 1996 Operation of Indian Programs appropriation, and
shall remain available for obligation for employee severance, reloca-
tion, and related expenses, until September 30, 1996.
CONSTRUCTION
For construction, major repair, and improvement of irrigation
and power systems, buildings, utilities, and other facilities, includ-
ing architectural and engineering services by contract; acquisition
of lands and interests in lands; and preparation of lands for farming,
$100,833,000, to remain available until expended: Provided, That
such amounts as may be available for the construction of the
Navajo Indian Irrigation Project and for other water resource devel-
opment activities related to the Southern Arizona Water Rights
Settlement Act may be transferred to the Bureau of Reclamation:
Provided further, That not to exceed 6 per centum of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program
management costs of the Bureau of Indian Affairs: Provided further,
That any funds provided for the Safety of Dams program pursuant
to 25 U.S.C. 13 shall be made available on a non-reimbursable
basis: Provided further, That for the fiscal year ending September
30, 1996, in implementing new construction or facilities improve-
ment and repair project grants in excess of $100,000 that are
provided to tribally controlled grant schools under Public Law 100–
297, as amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be sub-
ject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the construction
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–172
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required
by 25 U.S.C. 2005(a), with respect to organizational and financial
management capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That any disputes
between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $80,645,000, to remain
available until expended; of which $78,600,000 shall be available
for implementation of enacted Indian land and water claim settle-
ments pursuant to Public Laws 87–483, 97–293, 101–618, 102–
374, 102–441, 102–575, and 103–116, and for implementation of
other enacted water rights settlements, including not to exceed
$8,000,000, which shall be for the Federal share of the Catawba
Indian Tribe of South Carolina Claims Settlement, as authorized
by section 5(a) of Public Law 103–116; and of which $1,045,000
shall be available pursuant to Public Laws 98–500, 99–264, and
100–580; and of which $1,000,000 shall be available (1) to liquidate
obligations owed tribal and individual Indian payees of any checks
canceled pursuant to section 1003 of the Competitive Equality Bank-
ing Act of 1987 (Public Law 100–86 (101 Stat. 659)), 31 U.S.C.
3334(b), (2) to restore to Individual Indian Monies trust funds,
Indian Irrigation Systems, and Indian Power Systems accounts
amounts invested in credit unions or defaulted savings and loan
associations and which were not Federally insured, and (3) to
reimburse Indian trust fund account holders for losses to their
respective accounts where the claim for said loss(es) has been
reduced to a judgment or settlement agreement approved by the
Department of Justice.
TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance requests
associated with loans and grants approved under the Indian Financ-
ing Act of 1974, as amended, $500,000.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $35,914,000.
In addition, for administrative expenses necessary to carry
out the guaranteed loan program, $500,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs shall be avail-
able for expenses of exhibits, and purchase of not to exceed 275
110 STAT. 1321–173 PUBLIC LAW 104–134—APR. 26, 1996
passenger carrying motor vehicles, of which not to exceed 215
shall be for replacement only.
TERRITORIAL AND INTERNATIONAL AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $65,188,000, of which
(1) $61,661,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C. 1661(c)); grants
to the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law;
and grants to the Government of the Northern Mariana Islands
as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)
$3,527,000 shall be available for salaries and expenses of the Office
48 USC 1469b. of Insular Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, including
such transactions of all agencies or instrumentalities established
or utilized by such governments, may be audited by the General
Accounting Office, at its discretion, in accordance with chapter
35 of title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided accord-
ing to those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99–396, or any subsequent
legislation related to Commonwealth of the Northern Mariana
Islands Covenant grant funding: Provided further, That of the
amounts provided for technical assistance, sufficient funding shall
be made available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and mainte-
nance improvement are appropriated to institutionalize routine
operations and maintenance of capital infrastructure in American
Samoa, Guam, the Virgin Islands, the Commonwealth of the North-
ern Mariana Islands, the Republic of Palau, the Republic of the
Marshall Islands, and the Federated States of Micronesia through
assessments of long-range operations and maintenance needs,
improved capability of local operations and maintenance institutions
and agencies (including management and vocational education
training), and project-specific maintenance (with territorial partici-
pation and cost sharing to be determined by the Secretary based
on the individual territory’s commitment to timely maintenance
of its capital assets): Provided further, That any appropriation for
disaster assistance under this head in this Act or previous appro-
priations Acts may be used as non-Federal matching funds for
the purpose of hazard mitigation grants provided pursuant to sec-
tion 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the Fed-
erated States of Micronesia and the Republic of the Marshall Islands
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–174
as provided for in sections 122, 221, 223, 232, and 233 of the
Compacts of Free Association, and for economic assistance and
necessary expenses for the Republic of Palau as provided for in
sections 122, 221, 223, 232, and 233 of the Compact of Free Associa-
tion, $24,938,000, to remain available until expended, as authorized
by Public Law 99–239 and Public Law 99–658: Provided, That
notwithstanding section 112 of Public Law 101–219 (103 Stat. 1873),
the Secretary of the Interior may agree to technical changes in
the specifications for the project described in the subsidiary agree-
ment negotiated under section 212(a) of the Compact of Free
Association, Public Law 99–658, or its annex, if the changes do
not result in increased costs to the United States.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Department
of the Interior, $56,912,000, of which not to exceed $7,500 may
be for official reception and representation expenses.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$34,427,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$23,939,000.
CONSTRUCTION MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Construction Manage-
ment, $500,000.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gaming Commis-
sion, pursuant to Public Law 100–497, $1,000,000: Provided, That Reports.
on March 1, 1996, the Chairman shall submit to the Secretary
a report detailing those Indian tribes or tribal organizations with
gaming operations that are in full compliance, partial compliance,
or non-compliance with the provisions of the Indian Gaming Regu-
latory Act (25 U.S.C. 2701, et seq.): Provided further, That the
information contained in the report shall be updated on a continuing
basis.
110 STAT. 1321–175 PUBLIC LAW 104–134—APR. 26, 1996
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct expendi-
ture, contracts, cooperative agreements, compacts, and grants,
$16,338,000, of which $15,891,000 shall remain available until
expended for trust funds management: Provided, That funds made
available to tribes and tribal organizations through contracts or
grants obligated during fiscal year 1996, as authorized by the
Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C.
450 et seq.), shall remain available until expended by the contractor
or grantee: Provided further, That notwithstanding any other provi-
sion of law, the statute of limitations shall not commence to run
on any claim, including any claim in litigation pending on the
date of this Act, concerning losses to or mismanagement of trust
funds, until the affected tribe or individual Indian has been fur-
nished with the accounting of such funds from which the beneficiary
can determine whether there has been a loss: Provided further,
That obligated and unobligated balances provided for trust funds
management within ‘‘Operation of Indian programs’’, Bureau of
Indian Affairs are hereby transferred to and merged with this
appropriation.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That notwithstanding any other provision of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated funds
in ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office
of Inspector General’’ may be augmented through the Working
Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be ‘‘emergency
requirements’’ pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985 and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of forest
or range fires on or threatening lands under the jurisdiction of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–176
the Department of the Interior; for the emergency rehabilitation
of burned-over lands under its jurisdiction; for emergency actions
related to potential or actual earthquakes, floods, volcanoes, storms,
or other unavoidable causes; for contingency planning subsequent
to actual oilspills; response and natural resource damage assess-
ment activities related to actual oilspills; for the prevention,
suppression, and control of actual or potential grasshopper and
Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 1773(b) of Public
Law 99–198 (99 Stat. 1658); for emergency reclamation projects
under section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Mining Reclama-
tion and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for fire
suppression purposes shall be available for the payment of obliga-
tions incurred during the preceding fiscal year, and for reimburse-
ment to other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for fire suppression
purposes, such reimbursement to be credited to appropriations cur-
rently available at the time of receipt thereof: Provided further,
That for emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority until
funds appropriated to the ‘‘Emergency Department of the Interior
Firefighting Fund’’ shall have been exhausted: Provided further,
That all funds used pursuant to this section are hereby designated
by Congress to be ‘‘emergency requirements’’ pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and must be replenished by a supplemental appropria-
tion which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse,
on a pro rata basis, accounts from which emergency funds were
transferred.
SEC. 103. Appropriations made in this title shall be available
for operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized
by sections 1535 and 1536 of title 31, United States Code: Provided,
That reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the appropriation
current at the time such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members
only or at a price to members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms
110 STAT. 1321–177 PUBLIC LAW 104–134—APR. 26, 1996
or allowances therefor, as authorized by law (5 U.S.C. 5901–5902
and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be available
for obligation in connection with contracts issued for services or
rentals for periods not in excess of twelve months beginning at
any time during the fiscal year.
SEC. 107. Appropriations made in this title from the Land
and Water Conservation Fund for acquisition of lands and waters,
or interests therein, shall be available for transfer, with the
approval of the Secretary, between the following accounts: Bureau
of Land Management, Land acquisition, United States Fish and
Wildlife Service, Land acquisition, and National Park Service, Land
acquisition and State assistance. Use of such funds are subject
to the reprogramming guidelines of the House and Senate Commit-
tees on Appropriations.
SEC. 108. Prior to the transfer of Presidio properties to the
Presidio Trust, when authorized, the Secretary may not obligate
in any calendar month more than 1⁄12 of the fiscal year 1996
Termination appropriation for operation of the Presidio: Provided, That this
date. section shall expire on December 31, 1995.
33 USC 2753. SEC. 109. Section 6003 of Public Law 101–380 is hereby
repealed.
SEC. 110. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the Secretary
of the Interior for developing, promulgating, and thereafter
implementing a rule concerning rights-of-way under section 2477
of the Revised Statutes.
SEC. 111. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore leasing
and related activities placed under restriction in the President’s
moratorium statement of June 26, 1990, in the areas of Northern,
Central, and Southern California; the North Atlantic; Washington
and Oregon; and the Eastern Gulf of Mexico south of 26 degrees
north latitude and east of 86 degrees west longitude.
SEC. 112. No funds provided in this title may be expended
by the Department of the Interior for the conduct of leasing, or
the approval or permitting of any drilling or other exploration
activity, on lands within the North Aleutian Basin planning area.
SEC. 113. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Eastern Gulf of Mexico for Outer
Continental Shelf Lease Sale 151 in the Outer Continental Shelf
Natural Gas and Oil Resource Management Comprehensive Pro-
gram, 1992–1997.
SEC. 114. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Atlantic for Outer Continental Shelf
Lease Sale 164 in the Outer Continental Shelf Natural Gas and
Oil Resource Management Comprehensive Program, 1992–1997.
Native SEC. 115. (a) Of the funds appropriated by this Act or any
Americans. subsequent Act providing for appropriations in fiscal years 1996
Washington. and 1997, not more than 50 percent of any self-governance funds
that would otherwise be allocated to each Indian tribe in the State
of Washington shall actually be paid to or on account of such
Indian tribe from and after the time at which such tribe shall—
(1) take unilateral action that adversely impacts the exist-
ing rights to and/or customary uses of, nontribal member own-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–178
ers of fee simple land within the exterior boundary of the
tribe’s reservation to water, electricity, or any other similar
utility or necessity for the nontribal members’ residential use
of such land; or
(2) restrict or threaten to restrict said owners use of or
access to publicly maintained rights-of-way necessary or desir-
able in carrying the utilities or necessities described above.
(b) Such penalty shall not attach to the initiation of any legal
actions with respect to such rights or the enforcement of any final
judgments, appeals from which have been exhausted, with respect
thereto.
SEC. 116. Within 30 days after the enactment of this Act, 16 USC 251 note.
the Department of the Interior shall issue a specific schedule for
the completion of the Lake Cushman Land Exchange Act (Public
Law 102–436) and shall complete the exchange not later than
September 30, 1996.
SEC. 117. Notwithstanding Public Law 90–544, as amended,
the National Park Service is authorized to expend appropriated
funds for maintenance and repair of the Company Creek Road
in the Lake Chelan National Recreation Area: Provided, That appro-
priated funds shall not be expended for the purpose of improving
the property of private individuals unless specifically authorized
by law.
SEC. 118. Section 4(b) of Public Law 94–241 (90 Stat. 263) Northern
as added by section 10 of Public Law 99–396 is amended by deleting Mariana Islands.
48 USC 1804.
‘‘until Congress otherwise provides by law.’’ and inserting in lieu
thereof: ‘‘except that, for fiscal years 1996 through 2002, payments
to the Commonwealth of the Northern Mariana Islands pursuant
to the multi-year funding agreements contemplated under the Cov-
enant shall be $11,000,000 annually, subject to an equal local
match and all other requirements set forth in the Agreement of
the Special Representatives on Future Federal Financial Assistance
of the Northern Mariana Islands, executed on December 17, 1992
between the special representative of the President of the United
States and special representatives of the Governor of the Northern
Mariana Islands with any additional amounts otherwise made avail-
able under this section in any fiscal year and not required to
meet the schedule of payments in this subsection to be provided
as set forth in subsection (c) until Congress otherwise provides
by law.
‘‘(c) The additional amounts referred to in subsection (b) shall
be made available to the Secretary for obligation as follows:
‘‘(1) for fiscal years 1996 through 2001, $4,580,000 annually
for capital infrastructure projects as Impact Aid for Guam
under section 104(c)(6) of Public Law 99–239;
‘‘(2) for fiscal year 1996, $7,700,000 shall be provided for
capital infrastructure projects in American Samoa; $4,420,000
for resettlement of Rongelap Atoll; and
‘‘(3) for fiscal years 1997 and thereafter, all such amounts
shall be available solely for capital infrastructure projects in
Guam, the Virgin Islands, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Republic of Palau, the
Federated States of Micronesia and the Republic of the Mar-
shall Islands: Provided, That, in fiscal year 1997, $3,000,000
of such amounts shall be made available to the College of
the Northern Marianas and beginning in fiscal year 1997, and
in each year thereafter, not to exceed $3,000,000 may be allo-
110 STAT. 1321–179 PUBLIC LAW 104–134—APR. 26, 1996
cated, as provided in appropriations Acts, to the Secretary
of the Interior for use by Federal agencies or the Common-
wealth of the Northern Mariana Islands to address immigra-
tion, labor, and law enforcement issues in the Northern
Mariana Islands. The specific projects to be funded in American
Samoa shall be set forth in a five-year plan for infrastructure
assistance developed by the Secretary of the Interior in con-
sultation with the American Samoa Government and updated
annually and submitted to the Congress concurrent with the
budget justifications for the Department of the Interior. In
developing budget recommendations for capital infrastructure
funding, the Secretary shall indicate the highest priority
projects, consider the extent to which particular projects are
part of an overall master plan, whether such project has been
reviewed by the Corps of Engineers and any recommendations
made as a result of such review, the extent to which a set-
aside for maintenance would enhance the life of the project,
the degree to which a local cost-share requirement would be
consistent with local economic and fiscal capabilities, and may
propose an incremental set-aside, not to exceed $2,000,000 per
year, to remain available without fiscal year limitation, as
an emergency fund in the event of natural or other disasters
to supplement other assistance in the repair, replacement, or
hardening of essential facilities: Provided further, That the
cumulative amount set aside for such emergency fund may
not exceed $10,000,000 at any time.
‘‘(d) Within the amounts allocated for infrastructure pursuant
to this section, and subject to the specific allocations made in
subsection (c), additional contributions may be made, as set forth
in appropriations Acts, to assist in the resettlement of Rongelap
Atoll: Provided, That the total of all contributions from any Federal
source after enactment of this Act may not exceed $32,000,000
and shall be contingent upon an agreement, satisfactory to the
President, that such contributions are a full and final settlement
of all obligations of the United States to assist in the resettlement
of Rongelop Atoll and that such funds will be expended solely
on resettlement activities and will be properly audited and
accounted for. In order to provide such contributions in a timely
manner, each Federal agency providing assistance or services, or
conducting activities, in the Republic of the Marshall Islands, is
authorized to make funds available through the Secretary of the
Interior, to assist in the resettlement of Rongelap. Nothing in
this subsection shall be construed to limit the provision of ex
gratia assistance pursuant to section 105(c)(2) of the Compact of
Free Association Act of 1985 (Public Law 99–239, 99 Stat. 1770,
1792) including for individuals choosing not to resettle at Rongelap,
except that no such assistance for such individuals may be provided
until the Secretary notifies the Congress that the full amount
of all funds necessary for resettlement at Rongelap has been pro-
vided.’’.
SEC. 119. (a) Until the National Park Service has prepared
a final conceptual management plan for the Mojave National Pre-
serve that incorporates traditional multiple uses of the region,
the Secretary of the Interior shall not take any action to change
the management of the area which differs from the historical
management practices of the Bureau of Land Management. Prior
to using any funds in excess of $1,100,000 for operation of the
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–180
Preserve in fiscal year 1996, the Secretary must obtain the approval
of the House and Senate Committees on Appropriations. This provi- Termination
sion expires on September 30, 1996. date.
(b) The President is authorized to suspend the provisions of President.
subsection (a) of this section if he determines that such suspension Reports.
is appropriate based upon the public interest in sound environ-
mental management, sustainable resource use, protection of
national or locally-affected interests, or protection of any cultural,
biological or historic resources. Any suspension by the President
shall take effect on such date, and continue in effect for such
period (not to extend beyond the period in which subsection (a)
would otherwise be in effect), as the President may determine,
and shall be reported to the Congress.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST RESEARCH
For necessary expenses of forest research as authorized by
law, $178,000,000, to remain available until September 30, 1997.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and providing tech-
nical and financial assistance to States, Territories, possessions,
and others and for forest pest management activities, cooperative
forestry and education and land conservation activities,
$136,884,000, to remain available until expended, as authorized
by law: Provided, That of funds available under this heading for
Pacific Northwest Assistance in this or prior appropriations Acts,
$200,000 shall be provided to the World Forestry Center for pur-
poses of continuing scientific research and other authorized efforts
regarding the land exchange efforts in the Umpqua River Basin
Region.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, for ecosystem planning, inven-
tory, and monitoring, and for administrative expenses associated
with the management of funds provided under the heads ‘‘Forest
Research’’, ‘‘State and Private Forestry’’, ‘‘National Forest System’’,
‘‘Construction’’, ‘‘Fire Protection and Emergency Suppression’’, and
‘‘Land Acquisition’’, $1,257,057,000, to remain available for obliga-
tion until September 30, 1997, and including 65 per centum of
all monies received during the prior fiscal year as fees collected
under the Land and Water Conservation Fund Act of 1965, as
amended, in accordance with section 4 of the Act (16 U.S.C. 460l–
6a(i)): Provided, That unobligated and unexpended balances in the
National Forest System account at the end of fiscal year 1995,
shall be merged with and made a part of the fiscal year 1996
National Forest System appropriation, and shall remain available
for obligation until September 30, 1997: Provided further, That
110 STAT. 1321–181 PUBLIC LAW 104–134—APR. 26, 1996
up to $5,000,000 of the funds provided herein for road maintenance
shall be available for the planned obliteration of roads which are
no longer needed.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to National Forest System lands or other lands
under fire protection agreement, and for emergency rehabilitation
of burned over National Forest System lands, $385,485,000, to
remain available until expended: Provided, That unexpended bal-
ances of amounts previously appropriated under any other headings
for Forest Service fire activities may be transferred to and merged
with this appropriation: Provided further, That such funds are
available for repayment of advances from other appropriations
accounts previously transferred for such purposes.
CONSTRUCTION
For necessary expenses of the Forest Service, not otherwise
provided for, $163,600,000, to remain available until expended,
for construction and acquisition of buildings and other facilities,
and for construction and repair of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C.
101 and 205: Provided, That funds becoming available in fiscal
year 1996 under the Act of March 4, 1913 (16 U.S.C. 501) shall
be transferred to the General Fund of the Treasury of the United
States: Provided further, That not to exceed $50,000,000, to remain
available until expended, may be obligated for the construction
of forest roads by timber purchasers: Provided further, That
$2,500,000 of the funds appropriated herein shall be available for
a grant to the ‘‘Non-Profit Citizens for the Columbia Gorge Discov-
ery Center’’ for the construction of the Columbia Gorge Discovery
Center: Provided further, That the Forest Service is authorized
to grant the unobligated balance of funds appropriated in fiscal
year 1995 for the construction of the Columbia Gorge Discovery
Center and related trail construction funds to the ‘‘Non-Profit Citi-
zens for the Columbia Gorge Discovery Center’’ to be used for
the same purpose: Provided further, That the Forest Service is
authorized to convey the land needed for the construction of the
Columbia Gorge Discovery Center without cost to the ‘‘Non-Profit
Citizens for the Columbia Gorge Discovery Center’’: Provided fur-
ther, That notwithstanding any other provision of law, funds origi-
nally appropriated under this head in Public Law 101–512 for
the Forest Service share of a new research facility at the University
of Missouri, Columbia, shall be available for a grant to the Univer-
sity of Missouri, as the Federal share in the construction of the
new facility: Provided further, That agreed upon lease of space
in the new facility shall be provided to the Forest Service without
charge for the life of the building.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4–11), including administrative expenses, and for acquisition
of land or waters, or interest therein, in accordance with statutory
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–182
authority applicable to the Forest Service, $39,400,000, to be derived
from the Land and Water Conservation Fund, to remain available
until expended: Provided, That funding for specific land acquisitions
are subject to the approval of the House and Senate Committees
on Appropriations.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,069,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, to be derived from funds deposited
by State, county, or municipal governments, public school districts,
or other public school authorities pursuant to the Act of December
4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 per centum of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on lands
in National Forests in the sixteen Western States, pursuant to
section 401(b)(1) of Public Law 94–579, as amended, to remain
available until expended, of which not to exceed 6 per centum
shall be available for administrative expenses associated with on-
the-ground range rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund estab-
lished pursuant to the above Act.
SOUTHEAST ALASKA ECONOMIC DISASTER FUND
(a) There is hereby established in the Treasury a Southeast
Alaska Economic Disaster Fund. There are hereby appropriated
$110,000,000, which shall be deposited into this account, which
shall be available without further appropriation or fiscal year limita-
tion. All monies from the Fund shall be distributed by the Secretary
of Agriculture in accordance with the provisions set forth herein.
(b) None of the funds provided under this heading shall be
available unless the President exercises the authority provided in
section 325(c) of this Act.
(c)(1) The Secretary shall provide $40,000,000 in direct grants Grants.
from the Fund for fiscal year 1996 and $10,000,000 in each of Alaska.
fiscal years 1997, 1998, and 1999 to communities in Alaska as
follows:
(A) to the City and Borough of Sitka, $8,000,000 in fiscal
year 1996 and $2,000,000 in each of fiscal years 1997, 1998,
and 1999;
110 STAT. 1321–183 PUBLIC LAW 104–134—APR. 26, 1996
(B) to the City of Wrangell, $18,700,000 in fiscal year
1996 and $4,700,000 in each of fiscal years 1997, 1998, and
1999; and
(C) to the City and Borough of Ketchikan, $13,300,000
in fiscal year 1996 and $3,300,000 in each of fiscal years 1997,
1998, and 1999.
(2) The funds provided under paragraph (1) shall be used
to employ former timber workers in Wrangell and Sitka, and for
related community development projects in Sitka, Wrangell, and
Ketchikan.
(3) The Secretary shall allocate an additional $10,000,000 from
the Fund for each of fiscal years 1996, 1997, 1998, and 1999
to communities in Alaska according to the following percentages:
(A) the Borough of Haines, 5.5 percent;
(B) the City and Borough of Juneau, 10.3 percent;
(C) the Ketchikan Gateway Borough, 4.5 percent;
(D) the City and Borough of Sitka, 10.8 percent;
(E) the City and Borough of Yakutat, 7.4 percent; and
(F) the unorganized Boroughs within the Tongass National
Forest, 61.5 percent.
(4) Funds provided pursuant to paragraph (3)(F) shall be allo-
cated by the Secretary of Agriculture to the unorganized Boroughs
in the Tongass National Forest in the same proportion as timber
receipts were made available to such Boroughs in fiscal year 1995,
and shall be in addition to any other monies provided to such
Boroughs under this Act or any other law.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 183 passenger
motor vehicles of which 32 will be used primarily for law enforce-
ment purposes and of which 151 shall be for replacement; acquisi-
tion of 22 passenger motor vehicles from excess sources, and hire
of such vehicles; operation and maintenance of aircraft, the purchase
of not to exceed two for replacement only, and acquisition of 20
aircraft from excess sources; notwithstanding other provisions of
law, existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price for
the replacement aircraft; (b) services pursuant to the second sen-
tence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $100,000 for employment under 5 U.S.C. 3109;
(c) purchase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (d) acquisition of land, waters, and
interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); (e) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and (f)
for debt collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to change the boundaries of any region,
to abolish any region, to move or close any regional office for
research, State and private forestry, or National Forest System
administration of the Forest Service, Department of Agriculture,
or to implement any reorganization, ‘‘reinvention’’ or other type
of organizational restructuring of the Forest Service, other than
the relocation of the Regional Office for Region 5 of the Forest
Service from San Francisco to excess military property at Mare
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–184
Island, Vallejo, California, without the consent of the House and
Senate Committees on Appropriations and the Committee on Agri-
culture, Nutrition, and Forestry and the Committee on Energy
and Natural Resources in the United States Senate and the
Committee on Agriculture and the Committee on Resources in
the United States House of Representatives.
Any appropriations or funds available to the Forest Service
may be advanced to the Fire and Emergency Suppression appropria-
tion and may be used for forest firefighting and the emergency
rehabilitation of burned-over lands under its jurisdiction: Provided,
That no funds shall be made available under this authority until
funds appropriated to the ‘‘Emergency Forest Service Firefighting
Fund’’ shall have been exhausted.
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the relocation:
Provided, That funds for the move must come from funds otherwise
available to Region 5: Provided further, That any funds to be
provided for such purposes shall only be available upon approval
of the House and Senate Committees on Appropriations.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment and the Foreign Agricultural Service in connection with forest
and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is
approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in House Report 103–551.
No funds appropriated to the Forest Service shall be transferred
to the Working Capital Fund of the Department of Agriculture
without the approval of the Chief of the Forest Service.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service may be used to disseminate
program information to private and public individuals and organiza-
tions through the use of nonmonetary items of nominal value and
to provide nonmonetary awards of nominal value and to incur
necessary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to Forest
Service programs.
Notwithstanding any other provision of law, money collected,
in advance or otherwise, by the Forest Service under authority
of section 101 of Public Law 93–153 (30 U.S.C. 185(1)) as reimburse-
ment of administrative and other costs incurred in processing pipe-
line right-of-way or permit applications and for costs incurred in
monitoring the construction, operation, maintenance, and termi-
nation of any pipeline and related facilities, may be used to
reimburse the applicable appropriation to which such costs were
originally charged.
Funds available to the Forest Service shall be available to
conduct a program of not less than $1,000,000 for high priority
110 STAT. 1321–185 PUBLIC LAW 104–134—APR. 26, 1996
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended by Public Law 93–408.
None of the funds available in this Act shall be used for
timber sale preparation using clearcutting in hardwood stands in
excess of 25 percent of the fiscal year 1989 harvested volume
in the Wayne National Forest, Ohio: Provided, That this limitation
shall not apply to hardwood stands damaged by natural disaster:
Provided further, That landscape architects shall be used to main-
tain a visually pleasing forest.
Any money collected from the States for fire suppression assist-
ance rendered by the Forest Service on non-Federal lands not
in the vicinity of National Forest System lands shall be used to
reimburse the applicable appropriation and shall remain available
until expended as the Secretary may direct in conducting activities
authorized by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available
to the Chief of the Forest Service for official reception and represen-
tation expenses.
Notwithstanding any other provision of law, the Forest Service
is authorized to employ or otherwise contract with persons at regu-
lar rates of pay, as determined by the Service, to perform work
occasioned by emergencies such as fires, storms, floods, earthquakes
or any other unavoidable cause without regard to Sundays, Federal
holidays, and the regular workweek.
To the greatest extent possible, and in accordance with the
Final Amendment to the Shawnee National Forest Plan, none of
the funds available in this Act shall be used for preparation of
timber sales using clearcutting or other forms of even aged manage-
ment in hardwood stands in the Shawnee National Forest, Illinois.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, eighty percent
of the funds appropriated to the Forest Service in the National
Forest System and Construction accounts and planned to be allo-
cated to activities under the ‘‘Jobs in the Woods’’ program for
projects on National Forest land in the State of Washington may
be granted directly to the Washington State Department of Fish
and Wildlife for accomplishment of planned projects. Twenty percent
of said funds shall be retained by the Forest Service for planning
and administering projects. Project selection and prioritization shall
be accomplished by the Forest Service with such consultation with
the State of Washington as the Forest Service deems appropriate.
For one year after enactment of this Act, the Secretary shall
continue the current Tongass Land Management Plan (TLMP) and
may accommodate commercial tourism (if an agreement is signed
between the Forest Service and the Alaska Visitors’ Association)
except that during this period, the Secretary shall maintain at
least the number of acres of suitable available and suitable sched-
uled timber lands, and Allowable Sale Quantity as identified in
the Preferred Alternative (Alternative P) in the Tongass Land and
Resources Management Plan and Final Environmental Impact
Statement (dated October 1992) as selected in the Record of Decision
Review Draft #3–2/93. Nothing in this paragraph shall be inter-
preted to mandate clear-cutting or require the sale of timber and
nothing in this paragraph, including the ASQ identified in Alter-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–186
native P, shall be construed to limit the Secretary’s consideration
of new information or to prejudice future revision, amendment
or modification of TLMP based upon sound, verifiable scientific
data.
If the Forest Service determines in a Supplemental Evaluation
to an Environmental Impact Statement that no additional analysis
under the National Environmental Policy Act or section 810 of
the Alaska National Interest Lands Conservation Act is necessary
for any timber sale or offering which has been prepared for accept-
ance by, or award to, a purchaser after December 31, 1988, that
has been subsequently determined by the Forest Service to be
available for sale or offering to one or more other purchaser, the
change of purchasers for whatever reason shall not be considered
a significant new circumstance, and the Forest Service may offer
or award such timber sale or offering to a different purchaser
or offeree, notwithstanding any other provision of law. A determina-
tion by the Forest Service pursuant to this paragraph shall not
be subject to judicial review.
None of the funds appropriated under this Act for the Forest
Service shall be made available for the purpose of applying paint
to rocks, or rock colorization: Provided, That notwithstanding any
other provision of law, the Forest Service shall not require of
any individual or entity, as part of any permitting process under
its authority, or as a requirement of compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the
painting or colorization of rocks.
DEPARTMENT OF ENERGY
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy research
and development activities, under the authority of the Department
of Energy Organization Act (Public Law 95–91), including the
acquisition of interest, including defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, and for promoting health and safety in mines and
the mineral industry through research (30 U.S.C. 3, 861(b), and
951(a)), for conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environ-
mental costs (30 U.S.C. 3, 1602, and 1603), and for the development
of methods for the disposal, control, prevention, and reclamation
of waste products in the mining, minerals, metal, and mineral
reclamation industries (30 U.S.C. 3 and 21a), $417,018,000, to
remain available until expended: Provided, That no part of the
sum herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas.
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER OF FUNDS)
Monies received as investment income on the principal amount
in the Great Plains Project Trust at the Norwest Bank of North
Dakota, in such sums as are earned as of October 1, 1995, shall
be deposited in this account and immediately transferred to the
General Fund of the Treasury. Monies received as revenue sharing
110 STAT. 1321–187 PUBLIC LAW 104–134—APR. 26, 1996
from the operation of the Great Plains Gasification Plant shall
be immediately transferred to the General Fund of the Treasury.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petroleum and
oil shale reserve activities, $148,786,000, to remain available until
10 USC 7430 expended: Provided, That the requirements of 10 U.S.C.
note. 7430(b)(2)(B) shall not apply to fiscal year 1996: Provided further,
10 USC 7431 That section 501 of Public Law 101–45 is hereby repealed.
note.
ENERGY CONSERVATION
For necessary expenses in carrying out energy conservation
activities, $553,189,000, to remain available until expended, includ-
ing, notwithstanding any other provision of law, the excess amount
for fiscal year 1996 determined under the provisions of section
3003(d) of Public Law 99–509 (15 U.S.C. 4502), and of which
$16,000,000 shall be derived from available unobligated balances
in the Biomass Energy Development account: Provided, That
$140,696,000 shall be for use in energy conservation programs
as defined in section 3008(3) of Public Law 99–509 (15 U.S.C.
4507) and shall not be available until excess amounts are deter-
mined under the provisions of section 3003(d) of Public Law 99–
509 (15 U.S.C. 4502): Provided further, That notwithstanding sec-
tion 3003(d)(2) of Public Law 99–509 such sums shall be allocated
to the eligible programs as follows: $114,196,000 for the weatheriza-
tion assistance program and $26,500,000 for the State energy con-
servation program.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities of the
Economic Regulatory Administration and the Office of Hearings
and Appeals, $6,297,000, to remain available until expended.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities
pursuant to the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6201 et seq.), $287,000,000, to remain available
until expended, of which $187,000,000 shall be derived by transfer
of unobligated balances from the ‘‘SPR petroleum account’’ and
$100,000,000 shall be derived by transfer from the ‘‘SPR Decommis-
sioning Fund’’: Provided, That notwithstanding section 161 of the
Energy Policy and Conservation Act, the Secretary shall draw down
and sell up to seven million barrels of oil from the Strategic Petro-
leum Reserve: Provided further, That the proceeds from the sale
shall be deposited into a special account in the Treasury, to be
established and known as the ‘‘SPR Decommissioning Fund’’, and
shall be available for the purpose of removal of oil from and
decommissioning of the Weeks Island site and for other purposes
related to the operations of the Strategic Petroleum Reserve.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–188
SPR PETROLEUM ACCOUNT
Notwithstanding 42 U.S.C. 6240(d) the United States share
of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills)
may be sold or otherwise disposed of to other than the Strategic
Petroleum Reserve: Provided, That outlays in fiscal year 1996
resulting from the use of funds in this account shall not exceed
$5,000,000.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of the
Energy Information Administration, $72,266,000, to remain avail-
able until expended: Provided, That notwithstanding section 4(d) 42 USC 7135
of the Service Contract Act of 1965 (41 U.S.C. 353(d)) or any note.
other provision of law, funds appropriated under this heading here-
after may be used to enter into a contract for end use consumption
surveys for a term not to exceed eight years: Provided further,
That notwithstanding any other provision of law, hereafter the
Manufacturing Energy Consumption Survey shall be conducted on
a triennial basis.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall
be available for hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase, repair, and cleaning of uniforms;
and reimbursement to the General Services Administration for secu-
rity guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of Energy
under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equip-
ment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, private, or foreign: Provided, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under this Act may be retained
by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further, That the remainder of reve-
nues after the making of such payments shall be covered into
the Treasury as miscellaneous receipts: Provided further, That any Reports.
contract, agreement, or provision thereof entered into by the Sec-
retary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project, includ-
ing the facts and circumstances relied upon in support of the
proposed project.
110 STAT. 1321–189 PUBLIC LAW 104–134—APR. 26, 1996
No funds provided in this Act may be expended by the Depart-
ment of Energy to prepare, issue, or process procurement documents
for programs or projects for which appropriations have not been
made.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles II and III of the Public Health
Service Act with respect to the Indian Health Service,
$1,747,842,000, together with payments received during the fiscal
year pursuant to 42 U.S.C. 300aaa–2 for services furnished by
the Indian Health Service: Provided, That funds made available
to tribes and tribal organizations through contracts, grant agree-
ments, or any other agreements or compacts authorized by the
Indian Self-Determination and Education Assistance Act of 1975
(88 Stat. 2203; 25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That $12,000,000 shall remain
available until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $350,564,000 for contract medi-
cal care shall remain available for obligation until September 30,
1997: Provided further, That of the funds provided, not less than
$11,306,000 shall be used to carry out the loan repayment program
under section 108 of the Indian Health Care Improvement Act,
as amended: Provided further, That funds provided in this Act
may be used for one-year contracts and grants which are to be
performed in two fiscal years, so long as the total obligation is
recorded in the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the Indian
Health Care Improvement Act shall be available for two fiscal
years after the fiscal year in which they were collected, for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That of the funds provided, $7,500,000 shall
remain available until expended, for the Indian Self-Determination
Fund, which shall be available for the transitional costs of initial
or expanded tribal contracts, grants or cooperative agreements with
the Indian Health Service under the provisions of the Indian Self-
Determination Act: Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available for obligation until September 30, 1997:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement
Act, as amended, shall be reported and accounted for and available
to the receiving tribes and tribal organizations until expended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–190
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act and the Indian Health Care Improvement Act,
and for expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian
Health Care Improvement Act, and titles II and III of the Public
Health Service Act with respect to environmental health and facili-
ties support activities of the Indian Health Service, $238,958,000,
to remain available until expended: Provided, That notwithstanding
any other provision of law, funds appropriated for the planning,
design, construction or renovation of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land for
sites to construct, improve, or enlarge health or related facilities.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by law (5 U.S.C. 5901–5902);
and for expenses of attendance at meetings which are concerned
with the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided, That in
accordance with the provisions of the Indian Health Care Improve-
ment Act, non-Indian patients may be extended health care at
all tribally administered or Indian Health Service facilities, subject
to charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651–53) shall
be credited to the account of the facility providing the service
and shall be available without fiscal year limitation: Provided fur-
ther, That notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public
Law 86–121 (the Indian Sanitation Facilities Act) and Public Law
93–638, as amended: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject
to limitations directed at curtailing Federal travel and transpor-
tation: Provided further, That the Indian Health Service shall nei- 25 USC 1681.
ther bill nor charge those Indians who may have the economic
means to pay unless and until such time as Congress has agreed
upon a specific policy to do so and has directed the Indian Health
Service to implement such a policy: Provided further, That, notwith-
standing any other provision of law, funds previously or herein
110 STAT. 1321–191 PUBLIC LAW 104–134—APR. 26, 1996
made available to a tribe or tribal organization through a contract,
grant or agreement authorized by title I of the Indian Self-Deter-
mination and Education Assistance Act of 1975 (88 Stat. 2203;
25 U.S.C. 450), may be deobligated and reobligated to a self-govern-
ance funding agreement under title III of the Indian Self-Determina-
tion and Education Assistance Act of 1975 and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used
to implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human
Services, relating to eligibility for the health care services of the
Indian Health Service until the Indian Health Service has submit-
ted a budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included in
an appropriations Act and enacted into law: Provided further, That
funds made available in this Act are to be apportioned to the
Indian Health Service as appropriated in this Act, and accounted
for in the appropriation structure set forth in this Act: Provided
further, That the appropriation structure for the Indian Health
Service may not be altered without advance approval of the House
and Senate Committees on Appropriations.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent not otherwise
provided, title IX, part A, subpart 1 of the Elementary and Second-
ary Education Act of 1965, as amended, and section 215 of the
Department of Education Organization Act, $52,500,000.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $20,345,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–192
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d–10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND
ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99–498 (20 U.S.C. 4401 et seq.), $5,500,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and perform-
ances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed thirty years), and protection of build-
ings, facilities, and approaches; not to exceed $100,000 for services
as authorized by 5 U.S.C. 3109; up to 5 replacement passenger
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees; $311,188,000, of which not to exceed $3,000,000 for
voluntary incentive payments and other costs associated with
employee separations pursuant to section 339 of this Act shall
remain available until expended, and of which not to exceed
$30,472,000 for the instrumentation program, collections acquisi-
tion, Museum Support Center equipment and move, exhibition re-
installation, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain
available until expended and, including such funds as may be
necessary to support American overseas research centers and a
total of $125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are available
for advance payments to independent contractors performing
research services or participating in official Smithsonian
presentations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK
For necessary expenses of planning, construction, remodeling,
and equipping of buildings and facilities at the National Zoological
Park, by contract or otherwise, $3,250,000, to remain available
until expended.
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of buildings
owned or occupied by the Smithsonian Institution, by contract or
otherwise, as authorized by section 2 of the Act of August 22,
1949 (63 Stat. 623), including not to exceed $10,000 for services
as authorized by 5 U.S.C. 3109, $33,954,000, to remain available
110 STAT. 1321–193 PUBLIC LAW 104–134—APR. 26, 1996
until expended: Provided, That contracts awarded for environmental
systems, protection systems, and exterior repair or restoration of
buildings of the Smithsonian Institution may be negotiated with
selected contractors and awarded on the basis of contractor quali-
fications as well as price.
CONSTRUCTION
For necessary expenses for construction, $27,700,000, to remain
available until expended.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administra-
tive expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), includ-
ing services as authorized by 5 U.S.C. 3109; payment in advance
when authorized by the treasurer of the Gallery for membership
in library, museum, and art associations or societies whose publica-
tions or services are available to members only, or to members
at a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances there-
for, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $51,844,000, of which not to exceed $3,026,000
for the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, as authorized,
$6,442,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems,
and exterior repair or renovation of buildings of the National Gal-
lery of Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$10,323,000: Provided, That 40 U.S.C. 193n is hereby amended
by striking the word ‘‘and’’ after the word ‘‘Institution’’ and inserting
in lieu thereof a comma, and by inserting ‘‘and the Trustees of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–194
the John F. Kennedy Center for the Performing Arts,’’ after the
word ‘‘Art,’’.
CONSTRUCTION
For necessary expenses of capital repair and rehabilitation
of the existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, $8,983,000, to remain
available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $5,840,000.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$82,259,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the arts
through assistance to groups and individuals pursuant to section
5(c) of the Act, and for administering the functions of the Act,
to remain available until September 30, 1997.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amend-
ed, $17,235,000, to remain available until September 30, 1997,
to the National Endowment for the Arts, of which $7,500,000 shall
be available for purposes of section 5(p)(1): Provided, That this
appropriation shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the Chairman or by
grantees of the Endowment under the provisions of section 10(a)(2),
subsections 11(a)(2)(A) and 11(a)(3)(A) during the current and
preceding fiscal years for which equal amounts have not previously
been appropriated.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$94,000,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant
to section 7(c) of the Act, and for administering the functions
of the Act, to remain available until September 30, 1997.
110 STAT. 1321–195 PUBLIC LAW 104–134—APR. 26, 1996
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amend-
ed, $16,000,000, to remain available until September 30, 1997,
of which $10,000,000 shall be available to the National Endowment
for the Humanities for the purposes of section 7(h): Provided, That
this appropriation shall be available for obligation only in such
amounts as may be equal to the total amounts of gifts, bequests,
and devises of money, and other property accepted by the Chairman
or by grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been
appropriated.
INSTITUTE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and Cultural
Affairs Act of 1976, as amended, $21,000,000, to remain available
until September 30, 1997.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $834,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(99 Stat. 1261; 20 U.S.C. 956(a)), as amended, $6,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For expenses necessary for the Advisory Council on Historic
Preservation, $2,500,000.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71–71i), including services as
authorized by 5 U.S.C. 3109, $5,090,000: Provided, That all
appointed members will be compensated at a rate not to exceed
the rate for Executive Schedule Level IV.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–196
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roosevelt Memo-
rial Commission, established by the Act of August 11, 1955 (69
Stat. 694), as amended by Public Law 92–332 (86 Stat. 401),
$147,000, to remain available until September 30, 1997.
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
PUBLIC DEVELOPMENT
Funds made available under this heading in prior years shall
be available for operating and administrative expenses and for
the orderly closure of the Corporation, as well as operating and
administrative expenses for the functions transferred to the General
Services Administration.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as authorized
by Public Law 96–388, as amended, $28,707,000; of which
$1,575,000 for the Museum’s repair and rehabilitation program
and $1,264,000 for the Museum’s exhibition program shall remain
available until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this Contracts.
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to exist-
ing law.
SEC. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shaw-
nee National Forest, Illinois: Provided, That nothing herein is
intended to inhibit or otherwise affect the sale, lease, or right
to access to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which congressional
action is not complete.
SEC. 304. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 305. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
110 STAT. 1321–197 PUBLIC LAW 104–134—APR. 26, 1996
SEC. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act unless
notice of such assessments and the basis therefor are presented
to the Committees on Appropriations and are approved by such
Committees.
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None
of the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with sections 2 through 4 of the Act of March
3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American
Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 1995.
SEC. 309. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or requires
the removal of the underground lunchroom at the Carlsbad Caverns
National Park.
SEC. 310. Where the actual costs of construction projects under
self-determination contracts, compacts, or grants, pursuant to Public
Laws 93–638, 103–413, or 100–297, are less than the estimated
costs thereof, use of the resulting excess funds shall be determined
by the appropriate Secretary after consultation with the tribes.
SEC. 311. Notwithstanding Public Law 103–413, quarterly pay-
ments of funds to tribes and tribal organizations under annual
funding agreements pursuant to section 108 of Public Law 93–
638, as amended, may be made on the first business day following
the first day of a fiscal quarter.
SEC. 312. None of funds appropriated or otherwise made avail-
able by this Act may be used for the AmeriCorps program, unless
the relevant agencies of the Department of the Interior and/or
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–198
Agriculture follow appropriate reprogramming guidelines: Provided,
That if no funds are provided for the AmeriCorps program by
the VA–HUD and Independent Agencies fiscal year 1996 appropria-
tions bill, then none of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps programs.
SEC. 313. (a) On or before April 1, 1996, the Pennsylvania Pennsylvania
Avenue Development Corporation shall— Avenue
Development
(1) transfer and assign in accordance with this section Corporation.
all of its rights, title, and interest in and to all of the leases, Effective date.
covenants, agreements, and easements it has executed or will 40 USC 872 note.
execute by March 31, 1996, in carrying out its powers and
duties under the Pennsylvania Avenue Development Corpora-
tion Act (40 U.S.C. 871–885) and the Federal Triangle Develop-
ment Act (40 U.S.C. 1101–1109) to the General Services
Administration, National Capital Planning Commission, or the
National Park Service; and
(2) except as provided by subsection (d), transfer all rights,
title, and interest in and to all property, both real and personal,
held in the name of the Pennsylvania Avenue Development
Corporation to the General Services Administration.
(b) The responsibilities of the Pennsylvania Avenue Develop- 40 USC 872 note.
ment Corporation transferred to the General Services Administra-
tion under subsection (a) include, but are not limited to, the
following:
(1) Collection of revenue owed the Federal Government
as a result of real estate sales or lease agreements entered
into by the Pennsylvania Avenue Development Corporation and
private parties, including, at a minimum, with respect to the
following projects:
(A) The Willard Hotel property on Square 225.
(B) The Gallery Row project on Square 457.
(C) The Lansburgh’s project on Square 431.
(D) The Market Square North project on Square 407.
(2) Collection of sale or lease revenue owed the Federal
Government (if any) in the event two undeveloped sites owned
by the Pennsylvania Avenue Development Corporation on
Squares 457 and 406 are sold or leased prior to April 1, 1996.
(3) Application of collected revenue to repay United States
Treasury debt incurred by the Pennsylvania Avenue Develop-
ment Corporation in the course of acquiring real estate.
(4) Performing financial audits for projects in which the
Pennsylvania Avenue Development Corporation has actual or
potential revenue expectation, as identified in paragraphs (1)
and (2), in accordance with procedures described in applicable
sale or lease agreements.
(5) Disposition of real estate properties which are or become
available for sale and lease or other uses.
(6) Payment of benefits in accordance with the Uniform
Relocation Assistance and Real Property Acquisitions Policies
Act of 1970 to which persons in the project area squares are
entitled as a result of the Pennsylvania Avenue Development
Corporation’s acquisition of real estate.
(7) Carrying out the responsibilities of the Pennsylvania
Avenue Development Corporation under the Federal Triangle
Development Act (40 U.S.C. 1101–1109), including responsibil-
ities for managing assets and liabilities of the Corporation
under such Act.
110 STAT. 1321–199 PUBLIC LAW 104–134—APR. 26, 1996
40 USC 872 note. (c) In carrying out the responsibilities of the Pennsylvania
Avenue Development Corporation transferred under this section,
the Administrator of the General Services Administration shall
have the following powers:
(1) To acquire lands, improvements, and properties by pur-
chase, lease or exchange, and to sell, lease, or otherwise dispose
of real or personal property as necessary to complete the devel-
opment plan developed under section 5 of the Pennsylvania
Avenue Development Corporation Act of 1972 (40 U.S.C. 874)
if a notice of intention to carry out such acquisition or disposal
is first transmitted to the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the
House of Representatives and the Committee on Environment
and Public Works and the Committee on Appropriations of
the Senate and at least 60 days elapse after the date of such
transmission.
(2) To modify from time to time the plan referred to in
paragraph (1) if such modification is first transmitted to the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives
and the Committee on Environment and Public Works and
the Committee on Appropriations of the Senate and at least
60 days elapse after the date of such transmission.
(3) To maintain any existing Pennsylvania Avenue Develop-
ment Corporation insurance programs.
(4) To enter into and perform such leases, contracts, or
other transactions with any agency or instrumentality of the
United States, the several States, or the District of Columbia
or with any person, firm, association, or corporation as may
be necessary to carry out the responsibilities of the Pennsylva-
nia Avenue Development Corporation under the Federal Tri-
angle Development Act (40 U.S.C. 1101–1109).
(5) To request the Council of the District of Columbia
to close any alleys necessary for the completion of development
in Square 457.
(6) To use all of the funds transferred from the Pennsylva-
nia Avenue Development Corporation or income earned on
Pennsylvania Avenue Development Corporation property to
complete any pending development projects.
Effective date. (d)(1)(A) On or before April 1, 1996, the Pennsylvania Avenue
40 USC 872 note. Development Corporation shall transfer all its right, title, and
interest in and to the property described in subparagraph (B) to
the National Park Service, Department of the Interior.
(B) The property referred to in subparagraph (A) is the property
located within the Pennsylvania Avenue National Historic Site
depicted on a map entitled ‘‘Pennsylvania Avenue National Historic
Park’’, dated June 1, 1995, and numbered 840–82441, which shall
be on file and available for public inspection in the offices of the
National Park Service, Department of the Interior. The Pennsylva-
nia Avenue National Historic Site includes the parks, plazas, side-
walks, special lighting, trees, sculpture, and memorials.
(2) Jurisdiction of Pennsylvania Avenue and all other roadways
from curb to curb shall remain with the District of Columbia but
vendors shall not be permitted to occupy street space except during
temporary special events.
(3) The National Park Service shall be responsible for manage-
ment, administration, maintenance, law enforcement, visitor serv-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–200
ices, resource protection, interpretation, and historic preservation
at the Pennsylvania Avenue National Historic Site.
(4) The National Park Service may enter into contracts, coopera-
tive agreements, or other transactions with any agency or
instrumentality of the United States, the several States, or the
District of Columbia or with any person, firm, association, or cor-
poration as may be deemed necessary or appropriate for the conduct
of special events, festivals, concerts, or other art and cultural pro-
grams at the Pennsylvania Avenue National Historic Site or may
establish a nonprofit foundation to solicit funds for such activities.
(e) Notwithstanding any other provision of law, the responsibil- 40 USC 872 note.
ity for ensuring that development or redevelopment in the Penn-
sylvania Avenue area is carried out in accordance with the Penn-
sylvania Avenue Development Corporation Plan—1974, as amend-
ed, is transferred to the National Capital Planning Commission
or its successor commencing April 1, 1996.
(f) SAVINGS PROVISIONS.— 40 USC 872 note.
(1) REGULATIONS.—Any regulations prescribed by the Cor-
poration in connection with the Pennsylvania Avenue Develop-
ment Corporation Act of 1972 (40 U.S.C. 871–885) and the
Federal Triangle Development Act (40 U.S.C. 1101–1109) shall
continue in effect until suspended by regulations prescribed
by the Administrator of the General Services Administration.
(2) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS NOT
AFFECTED.—Subsection (a) shall not be construed as affecting
the validity of any right, duty, or obligation of the United
States or any other person arising under or pursuant to any
contract, loan, or other instrument or agreement which was
in effect on the day before the date of the transfers under
subsection (a).
(3) CONTINUATION OF SUITS.—No action or other proceeding
commenced by or against the Corporation in connection with
administration of the Pennsylvania Avenue Development Cor-
poration Act of 1972 (40 U.S.C. 871–885) and the Federal
Triangle Development Act (40 U.S.C. 1101–1109) shall abate
by reason of enactment and implementation of this Act, except
that the General Services Administration shall be substituted
for the Corporation as a party to any such action or proceeding.
(g) Section 3(b) of the Pennsylvania Avenue Development Cor-
poration Act of 1972 (40 U.S.C. 872(b)) is amended as follows:
‘‘(b) The Corporation shall be dissolved on or before April 1, Termination.
1996. Upon dissolution, assets, obligations, indebtedness, and all Effective date.
unobligated and unexpended balances of the Corporation shall be
transferred in accordance with the Department of the Interior and
Related Agencies Appropriations Act, 1996.’’.
SEC. 314. No part of any appropriation contained in this Act
shall be obligated or expended to implement regulations or require-
ments that regulate the use of, or actions occurring on, non-federal
lands as a result of the draft or final environmental impact state-
ments or records of decision for the Interior Columbia Basin Eco-
system Management Project. Columbia Basin Ecosystem Manage-
ment Project records of decision will not provide the legal authority
for any new formal rulemaking by any Federal regulatory agency
on the use of private property.
SEC. 315. RECREATIONAL FEE DEMONSTRATION PROGRAM.—(a) 16 USC 460l–6a.
The Secretary of the Interior (acting through the Bureau of Land
Management, the National Park Service and the United States
110 STAT. 1321–201 PUBLIC LAW 104–134—APR. 26, 1996
Fish and Wildlife Service) and the Secretary of Agriculture (acting
through the Forest Service) shall each implement a fee program
to demonstrate the feasibility of user-generated cost recovery for
the operation and maintenance of recreation areas or sites and
habitat enhancement projects on Federal lands.
(b) In carrying out the pilot program established pursuant
to this section, the appropriate Secretary shall select from areas
under the jurisdiction of each of the four agencies referred to
in subsection (a) no fewer than 10, but as many as 50, areas,
sites or projects for fee demonstration. For each such demonstration,
the Secretary, notwithstanding any other provision of law—
(1) shall charge and collect fees for admission to the area
or for the use of outdoor recreation sites, facilities, visitor
centers, equipment, and services by individuals and groups,
or any combination thereof;
(2) shall establish fees under this section based upon a
variety of cost recovery and fair market valuation methods
to provide a broad basis for feasibility testing;
(3) may contract, including provisions for reasonable
commissions, with any public or private entity to provide visitor
services, including reservations and information, and may
accept services of volunteers to collect fees charged pursuant
to paragraph (1);
(4) may encourage private investment and partnerships
to enhance the delivery of quality customer services and
resource enhancement, and provide appropriate recognition to
such partners or investors; and
(5) may assess a fine of not more than $100 for any violation
of the authority to collect fees for admission to the area or
for the use of outdoor recreation sites, facilities, visitor centers,
equipment, and services.
(c)(1) Amounts collected at each fee demonstration area, site
or project shall be distributed as follows:
(A) Of the amount in excess of 104% of the amount collected
in fiscal year 1995, and thereafter annually adjusted upward
by 4%, eighty percent to a special account in the Treasury
for use without further appropriation, by the agency which
administers the site, to remain available for expenditures in
accordance with paragraph (2)(A).
(B) Of the amount in excess of 104% of the amount collected
in fiscal year 1995, and thereafter annually adjusted upward
by 4%, 20 percent to a special account in the Treasury for
use without further appropriation, by the agency which admin-
isters the site, to remain available for expenditure in accordance
with paragraph (2)(B).
(C) For agencies other than the Fish and Wildlife Service,
up to 15% of current year collections of each agency, but not
greater than fee collection costs for that fiscal year, to remain
available for expenditure without further appropriation in
accordance with paragraph (2)(C).
(D) For agencies other than the Fish and Wildlife Service,
the balance to the special account established pursuant to
subparagraph (A) of section 4(i)(1) of the Land and Water
Conservation Fund Act, as amended.
(E) For the Fish and Wildlife Service, the balance shall
be distributed in accordance with section 201(c) of the Emer-
gency Wetlands Resources Act.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–202
(2)(A) Expenditures from site specific special funds shall be
for further activities of the area, site or project from which funds
are collected, and shall be accounted for separately.
(B) Expenditures from agency specific special funds shall be
for use on an agency-wide basis and shall be accounted for
separately.
(C) Expenditures from the fee collection support fund shall
be used to cover fee collection costs in accordance with section
4(i)(1)(B) of the Land and Water Conservation Fund Act, as
amended: Provided, That funds unexpended and unobligated at
the end of the fiscal year shall not be deposited into the special
account established pursuant to section 4(i)(1)(A) of said Act and
shall remain available for expenditure without further appropria-
tion.
(3) In order to increase the quality of the visitor experience
at public recreational areas and enhance the protection of resources,
amounts available for expenditure under this section may only
be used for the area, site or project concerned, for backlogged
repair and maintenance projects (including projects relating to
health and safety) and for interpretation, signage, habitat or facility
enhancement, resource preservation, annual operation (including
fee collection), maintenance, and law enforcement relating to public
use. The agencywide accounts may be used for the same purposes
set forth in the preceding sentence, but for areas, sites or projects
selected at the discretion of the respective agency head.
(d)(1) Amounts collected under this section shall not be taken
into account for the purposes of the Act of May 23, 1908 and
the Act of March 1, 1911 (16 U.S.C. 500), the Act of March 4,
1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. 1012),
the Act of August 8, 1937 and the Act of May 24, 1939 (43 U.S.C.
1181f et seq.), the Act of June 14, 1926 (43 U.S.C. 869–4), chapter
69 of title 31, United States Code, section 401 of the Act of June
15, 1935 (16 U.S.C. 715s), the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l), and any other provision of law relating
to revenue allocation.
(2) Fees charged pursuant to this section shall be in lieu of
fees charged under any other provision of law.
(e) The Secretary of the Interior and the Secretary of Agri-
culture shall carry out this section without promulgating
regulations.
(f) The authority to collect fees under this section shall com- Effective date.
mence on October 1, 1995, and end on September 30, 1998. Funds Termination
date.
in accounts established shall remain available through September
30, 2001.
SEC. 316. Section 2001(a)(2) of Public Law 104–19 is amended 16 USC 1611
as follows: Strike ‘‘September 30, 1997’’ and insert in lieu thereof note.
‘‘December 31, 1996’’.
SEC. 317. None of the funds made available in this Act may
be used for any program, project, or activity when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any applicable Federal law relating to risk assess-
ment, the protection of private property rights, or unfunded
mandates.
SEC. 318. None of the funds provided in this Act may be
made available for the Mississippi River Corridor Heritage
Commission.
110 STAT. 1321–203 PUBLIC LAW 104–134—APR. 26, 1996
SEC. 319. GREAT BASIN NATIONAL PARK.—Section 3 of the Great
Basin National Park Act of 1986 (16 U.S.C. 410mm–1) is amended—
(1) in the first sentence of subsection (e) by striking ‘‘shall’’
and inserting ‘‘may’’; and
(2) in subsection (f)—
(A) by striking ‘‘At the request’’ and inserting the
following:
‘‘(1) EXCHANGES.—At the request’’;
(B) by striking ‘‘grazing permits’’ and inserting ‘‘grazing
permits and grazing leases’’; and
(C) by adding after ‘‘Federal lands.’’ the following:
‘‘(2) ACQUISITION BY DONATION.—
(A) IN GENERAL.—The Secretary may acquire by dona-
tion valid existing permits and grazing leases authorizing
grazing on land in the park.
(B) TERMINATION.—The Secretary shall terminate a
grazing permit or grazing lease acquired under subpara-
graph (A) so as to end grazing previously authorized by
the permit or lease.’’.
SEC. 320. None of the funds made available in this Act shall
be used by the Department of Energy in implementing the Codes
and Standards Program to propose, issue, or prescribe any new
Termination or amended standard: Provided, That this section shall expire on
date. September 30, 1996: Provided further, That nothing in this section
shall preclude the Federal Government from promulgating rules
concerning energy efficiency standards for the construction of new
federally-owned commercial and residential buildings.
SEC. 321. None of the funds made available in this Act may
be used (1) to demolish the bridge between Jersey City, New Jersey,
and Ellis Island; or (2) to prevent pedestrian use of such bridge,
when it is made known to the Federal official having authority
to obligate or expend such funds that such pedestrian use is consist-
ent with generally accepted safety standards.
SEC. 322. (a) None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or expended
to accept or process applications for a patent for any mining or
mill site claim located under the general mining laws.
(b) The provisions of subsection (a) shall not apply if the Sec-
retary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994, and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29
and 30) for vein or lode claims and sections 2329, 2330, 2331,
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for
placer claims, and section 2337 of the Revised Statutes (30 U.S.C.
42) for mill site claims, as the case may be, were fully complied
with by the applicant by that date.
(c) PROCESSING SCHEDULE.—For those applications for patents
pursuant to subsection (b) which were filed with the Secretary
of the Interior, prior to September 30, 1994, the Secretary of the
Interior shall—
Reports. (1) Within three months of the enactment of this Act,
file with the House and Senate Committees on Appropriations
and the Committee on Resources of the House of Representa-
tives and the Committee on Energy and Natural Resources
of the United States Senate a plan which details how the
Department of the Interior will make a final determination
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–204
as to whether or not an applicant is entitled to a patent under
the general mining laws on at least 90 percent of such applica-
tions within five years of the enactment of this Act and file
reports annually thereafter with the same committees detailing
actions taken by the Department of the Interior to carry out
such plan; and
(2) Take such actions as may be necessary to carry out
such plan.
(d) MINERAL EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Bureau of Land Managment to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the third-
party contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention
of third-party contractors.
SEC. 323. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of acquiring
lands in the counties of Lawrence, Monroe, or Washington, Ohio,
for the Wayne National Forest.
SEC. 324. No part of any appropriation contained in this Act
or any other Act shall be expended or obligated to fund the activities
of the Office of Forestry and Economic Development after December
31, 1995.
SEC. 325. (a) For one year after enactment of this Act, the
Secretary shall continue the current Tongass Land Management
Plan (TLMP) and may accommodate commercial tourism (if an
agreement is signed between the Forest Service and the Alaska
Visitors’ Association) except that during this period, the Secretary
shall maintain at least the number of acres of suitable available
and suitable scheduled timber lands, and Allowable Sale Quantity
as identified in the Preferred Alternative (Alternative P) in the
Tongass Land and Resources Management Plan and Final Environ-
mental Impact Statement (dated October 1992) as selected in the
Record of Decision Review Draft #3–2/93. Nothing in this paragraph
shall be interpreted to mandate clear-cutting or require the sale
of timber and nothing in this paragraph, including the ASQ identi-
fied in Alternative P, shall be construed to limit the Secretary’s
consideration of new information or to prejudice future revision,
amendment or modification of TLMP based upon sound, verifiable
scientific data.
(b) If the Forest Service determines in a Supplemental Evalua-
tion to an Environmental Impact Statement that no additional
analysis under the National Environmental Policy Act or section
810 of the Alaska National Interest Lands Conservation Act is
necessary for any timber sale or offering which has been prepared
for acceptance by, or award to, a purchaser after December 31,
1988, that has been subsequently determined by the Forest Service
to be available for sale or offering to one or more other purchaser,
the change of purchasers for whatever reason shall not be consid-
ered a significant new circumstance, and the Forest Service may
offer or award such timber sale or offering to a different purchaser
or offeree, notwithstanding any other provision of law. A determina-
110 STAT. 1321–205 PUBLIC LAW 104–134—APR. 26, 1996
tion by the Forest Service pursuant to this paragraph shall not
be subject to judicial review.
(c) The President is authorized to suspend the provisions of
subsections (a) or (b), or both, if he determines that such suspension
is appropriate based upon the public interest in sound environ-
mental management, or protection of any cultural, biological, or
historic resources. Any suspension by the President shall take effect
on the date of execution, and continue in effect for such period,
not to extend beyond the period in which this section would other-
wise be in effect, as the President may determine, and shall be
reported to the Congress prior to public release by the President.
If the President suspends the provisions of subsections (a) or (b)
or both, then such provisions shall have no legal force or effect
during such suspension.
SEC. 326. (a) LAND EXCHANGE.—The Secretary of the Interior
(hereinafter referred to as the ‘‘Secretary’’) is authorized to convey
to the Boise Cascade Corporation (hereinafter referred to as the
‘‘Corporation’’), a corporation formed under the statutes of the State
of Delaware, with its principal place of business at Boise, Idaho,
title to approximately seven acres of land, more or less, located
in sections 14 and 23, township 36 north, range 37 east, Willamette
Meridian, Stevens County, Washington, further identified in the
records of the Bureau of Reclamation, Department of the Interior,
as Tract No. GC–19860, and to accept from the Corporation in
exchange therefor, title to approximately one hundred and thirty-
six acres of land located in section 19, township 37 north, range
38 east and section 33, township 38 north, range 37 east, Willamette
Meridian, Stevens County, Washington, and further identified in
the records of the Bureau of Reclamation, Department of the
Interior, as Tract No. GC–19858 and Tract No. GC–19859, respec-
tively.
(b) APPRAISAL.—The properties so exchanged either shall be
approximately equal in fair market value or if they are not approxi-
mately equal, shall be equalized by the payment of cash to the
Corporation or to the Secretary as required or in the event the
value of the Corporation’s lands is greater, the acreage may be
reduced so that the fair market value is approximately equal:
Provided, That the Secretary shall order appraisals made of the
fair market value of each tract of land included in the exchange
without consideration for improvements thereon: Provided further,
That any cash payment received by the Secretary shall be covered
in the Reclamation Fund and credited to the Columbia Basin
project.
(c) ADMINISTRATIVE COSTS.—Costs of conducting the necessary
land surveys, preparing the legal descriptions of the lands to be
conveyed, performing the appraisals, and administrative costs
incurred in completing the exchange shall be borne by the Corpora-
tion.
(d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1) The Secretary
shall not acquire any lands under this Act if the Secretary deter-
mines that such lands, or any portion thereof, have become contami-
nated with hazardous substances (as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601)).
(2) Notwithstanding any other provision of law, the United
States shall have no responsibility or liability with respect to any
hazardous wastes or other substances placed on any of the lands
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–206
covered by this Act after their transfer to the ownership of any
party, but nothing in this Act shall be construed as either diminish-
ing or increasing any responsibility or liability of the United States
based on the condition of such lands on the date of their transfer
to the ownership of another party. The Corporation shall indemnify
the United States for liabilities arising under the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601), and the Resource Conservation Recovery Act (42
U.S.C. 6901 et seq.).
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this Act.
SEC. 327. TIMBER SALES PIPELINE RESTORATION FUNDS.—(a)
The Secretary of Agriculture and the Secretary of the Interior
shall each establish a Timber Sales Pipeline Restoration Fund
(hereinafter ‘‘Agriculture Fund’’ and ‘‘Interior Fund’’ or ‘‘Funds’’).
Any revenues received from sales released under section 2001(k)
of the fiscal year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act, minus the funds necessary to make
payments to States or local governments under other law concerning
the distribution of revenues derived from the affected lands, which
are in excess of $37,500,000 (hereinafter ‘‘excess revenues’’) shall
be deposited into the Funds. The distribution of excess revenues
between the Agriculture Fund and Interior Fund shall be calculated
by multiplying the total of excess revenues times a fraction with
a denominator of the total revenues received from all sales released
under such section 2001(k) and numerators of the total revenues
received from such sales on lands within the National Forest System
and the total revenues received from such sales on lands adminis-
tered by the Bureau of Land Management, respectively: Provided,
That revenues or portions thereof from sales released under such
section 2001(k), minus the amounts necessary for State and local
government payments and other necessary deposits, may be depos-
ited into the Funds immediately upon receipt thereof and subse-
quently redistributed between the Funds or paid into the United
States Treasury as miscellaneous receipts as may be required when
the calculation of excess revenues is made.
(b)(1) From the funds deposited into the Agriculture Fund
and into the Interior Fund pursuant to subsection (a)—
(A) seventy-five percent shall be available, without fiscal
year limitation or further appropriation, for preparation of tim-
ber sales, other than salvage sales as defined in section
2001(a)(3) of the fiscal year 1995 Supplemental Appropriations
for Disaster Assistance and Rescissions Act, which—
(i) are situated on lands within the National Forest
System and lands administered by the Bureau of Land
Management, respectively; and
(ii) are in addition to timber sales for which funds
are otherwise available in this Act or other appropriations
Acts; and
(B) twenty-five percent shall be available, without fiscal
year limitation or further appropriation, to expend on the back-
log of recreation projects on lands within the National Forest
System and lands administered by the Bureau of Land Manage-
ment, respectively.
(2) Expenditures under this subsection for preparation of timber
sales may include expenditures for Forest Service activities within
110 STAT. 1321–207 PUBLIC LAW 104–134—APR. 26, 1996
the forest land management budget line item and associated timber
roads, and Bureau of Land Management activities within the
Oregon and California grant lands account and the forestry manage-
ment area account, as determined by the Secretary concerned.
(c) Revenues received from any timber sale prepared under
subsection (b) or under this subsection, minus the amounts nec-
essary for State and local government payments and other necessary
deposits, shall be deposited into the Fund from which funds were
expended on such sale. Such deposited revenues shall be available
for preparation of additional timber sales and completion of addi-
tional recreation projects in accordance with the requirements set
forth in subsection (b).
Federal Register, (d) The Secretary concerned shall terminate all payments into
publication. the Agriculture Fund or the Interior Fund, and pay any unobligated
funds in the affected Fund into the United States Treasury as
miscellaneous receipts, whenever the Secretary concerned makes
a finding, published in the Federal Register, that sales sufficient
to achieve the total allowable sales quantity of the National Forest
System for the Forest Service or the allowable sales level for the
Oregon and California grant lands for the Bureau of Land Manage-
ment, respectively, have been prepared.
(e) Any timber sales prepared and recreation projects completed
under this section shall comply with all applicable environmental
and natural resource laws and regulations.
Reports. (f) The Secretary concerned shall report annually to the
Committees on Appropriations of the United States Senate and
the House of Representatives on expenditures made from the Fund
for timber sales and recreation projects, revenues received into
the Fund from timber sales, and timber sale preparation and recre-
ation project work undertaken during the previous year and pro-
jected for the next year under the Fund. Such information shall
be provided for each Forest Service region and Bureau of Land
Management State office.
Termination (g) The authority of this section shall terminate upon the termi-
date. nation of both Funds in accordance with the provisions of subsection
(d).
SEC. 328. Of the funds provided to the National Endowment
for the Arts:
Grants. (a) The Chairperson shall only award a grant to an individ-
ual if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz
Masters Fellowship.
Procedures. (b) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or regional group, may be used to make a grant
to any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this sub-
section shall prohibit payments made in exchange for goods
and services.
(c) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs and/or projects.
SEC. 329. DELAY IN IMPLEMENTATION OF THE ADMINISTRATION’S
RANGELAND REFORM PROGRAM.—None of the funds made available
under this or any other Act may be used to implement or enforce
the final rule published by the Secretary of the Interior on February
22, 1995 (60 Fed. Reg. 9894), making amendments to parts 4,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–208
1780, and 4100 of title 43, Code of Federal Regulations, to take
effect August 21, 1995, until November 21, 1995. None of the
funds made available under this or any other Act may be used
to publish proposed or enforce final regulations governing the
management of livestock grazing on lands administered by the
Forest Service until November 21, 1995.
SEC. 330. Section 1864 of title 18, United States Code, is
amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘twenty’’ and inserting
‘‘40’’;
(B) in paragraph (3), by striking ‘‘ten’’ and inserting
‘‘20’’;
(C) in paragraph (4), by striking ‘‘if damage exceeding
$10,000 to the property of any individual results,’’ and
inserting ‘‘if damage to the property of any individual
results or if avoidance costs have been incurred exceeding
$10,000, in the aggregate,’’; and
(D) in paragraph (4), by striking ‘‘ten’’ and inserting
‘‘20’’;
(2) in subsection (c) by striking ‘‘ten’’ and inserting ‘‘20’’;
(3) in subsection (d), by—
(A) striking ‘‘and’’ at the end of paragraph (2);
(B) striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(C) adding at the end the following:
‘‘(4) the term ‘avoidance costs’ means costs incurred by
any individual for the purpose of—
‘‘(A) detecting a hazardous or injurious device; or
‘‘(B) preventing death, serious bodily injury, bodily
injury, or property damage likely to result from the use
of a hazardous or injurious device in violation of subsection
(a).’’; and
(4) by adding at the end thereof the following:
‘‘(e) Any person injured as the result of a violation of subsection
(a) may commence a civil action on his own behalf against any
person who is alleged to be in violation of subsection (a). The Courts.
district courts shall have jurisdiction, without regard to the amount
in controversy or the citizenship of the parties, in such civil actions.
The court may award, in addition to monetary damages for any
injury resulting from an alleged violation of subsection (a), costs
of litigation, including reasonable attorney and expert witness fees,
to any prevailing or substantially prevailing party, whenever the
court determines such award is appropriate.’’.
SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT FOR THE
ARTS.—Section 2 of the National Foundation on the Arts and the
Humanities Act of 1965, as amended (20 U.S.C. 951), sets out
findings and purposes for which the National Endowment for the
Arts was established, among which are—
(1) ‘‘The arts and humanities belong to all the people of
the United States’’;
(2) ‘‘The arts and humanities reflect the high place accorded
by the American people . . . to the fostering of mutual respect
for the diverse beliefs and values of all persons and groups’’;
(3) ‘‘Public funding of the arts and humanities is subject
to the conditions that traditionally govern the use of public
110 STAT. 1321–209 PUBLIC LAW 104–134—APR. 26, 1996
money [and] such funding should contribute to public support
and confidence in the use of taxpayer funds’’; and
(4) ‘‘Public funds provided by the Federal Government must
ultimately serve public purposes the Congress defines’’.
(b) ADDITIONAL CONGRESSIONAL FINDINGS.—Congress further
finds and declares that the use of scarce funds, which have been
taken from all taxpayers of the United States, to promote, dissemi-
nate, sponsor, or produce any material or performance that—
(1) denigrates the religious objects or religious beliefs of
the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way, sexual
or excretory activities or organs,
is contrary to the express purposes of the National Foundation
on the Arts and the Humanities Act of 1965, as amended.
(c) PROHIBITION ON FUNDING THAT IS NOT CONSISTENT WITH
THE PURPOSES OF THE ACT.—Notwithstanding any other provision
of law, none of the scarce funds which have been taken from
all taxpayers of the United States and made available under this
Act to the National Endowment for the Arts may be used to pro-
mote, disseminate, sponsor, or produce any material or performance
that—
(1) denigrates the religious objects or religious beliefs of
the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way, sexual
or excretory activities or organs,
and this prohibition shall be strictly applied without regard to
the content or viewpoint of the material or performance.
(d) SECTION NOT TO AFFECT OTHER WORKS.—Nothing in this
section shall be construed to affect in any way the freedom of
any artist or performer to create any material or performance
using funds which have not been made available under this Act
to the National Endowment for the Arts.
SEC. 332. For purposes related to the closure of the Bureau
of Mines, funds made available to the United States Geological
Survey, the United States Bureau of Mines, and the Bureau of
Land Management shall be available for transfer, with the approval
of the Secretary of the Interior, among the following accounts:
United States Geological Survey, Surveys, investigations, and
research; Bureau of Mines, Mines and minerals; and Bureau of
Land Management, Management of lands and resources. The Sec-
retary of Energy shall reimburse the Secretary of the Interior,
in an amount to be determined by the Director of the Office of
Management and Budget, for the expenses of the transferred func-
tions between October 1, 1995 and the effective date of the transfers
Guidelines. of function. Such transfers shall be subject to the reprogramming
guidelines of the House and Senate Committees on Appropriations.
SEC. 333. No funds appropriated under this or any other Act
shall be used to review or modify sourcing areas previously approved
under section 490(c)(3) of the Forest Resources Conservation and
Shortage Relief Act of 1990 (Public Law 101–382) or to enforce
or implement Federal regulations 36 CFR part 223 promulgated
on September 8, 1995. The regulations and interim rules in effect
prior to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36
CFR 223 Subpart D, 36 CFR 223 Subpart F, and 36 CFR 261.6)
shall remain in effect. The Secretary of Agriculture or the Secretary
of the Interior shall not adopt any policies concerning Public Law
101–382 or existing regulations that would restrain domestic
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–210
transportation or processing of timber from private lands or impose
additional accountability requirements on any timber. The Secretary Extension date.
of Commerce shall extend until September 30, 1996, the order Effective date.
16 USC 620c
issued under section 491(b)(2)(A) of Public Law 101–382 and shall note.
issue an order under section 491(b)(2)(B) of such law that will
be effective October 1, 1996.
SEC. 334. The National Park Service, in accordance with the Washington.
Memorandum of Agreement between the United States National Aviation.
Park Service and the City of Vancouver dated November 4, 1994,
shall permit general aviation on its portion of Pearson Field in
Vancouver, Washington until the year 2022, during which time
a plan and method for transitioning from general aviation aircraft
to historic aircraft shall be completed; such transition to be accom-
plished by that date. This action shall not be construed to limit
the authority of the Federal Aviation Administration over air traffic
control or aviation activities at Pearson Field or limit operations
and airspace of Portland International Airport.
SEC. 335. The United States Forest Service approval of Alter-
native site 2 (ALT 2), issued on December 6, 1993, is hereby
authorized and approved and shall be deemed to be consistent
with, and permissible under, the terms of Public Law 100–696
(the Arizona-Idaho Conservation Act of 1988).
SEC. 336. None of the funds made available to the Department
of the Interior or the Department of Agriculture by this or any
other Act may be used to issue or implement final regulations,
rules, or policies pursuant to Title VIII of the Alaska National
Interest Lands Conservation Act to assert jurisdiction, management,
or control over navigable waters transferred to the State of Alaska
pursuant to the Submerged Lands Act of 1953 or the Alaska State-
hood Act of 1959.
SEC. 337. Directs the Department of the Interior to transfer Daughters of the
to the Daughters of the American Colonists a plaque in the posses- American
Colonists.
sion of the National Park Service. The Park Service currently
has this plaque in storage and this provision provides for its return
to the organization that originally placed the plaque on the Great
Southern Hotel in Saint Louis, Missouri in 1933 to mark the site
of Fort San Carlos.
SEC. 338. Upon enactment of this Act, all funds obligated
in fiscal year 1996 under ‘‘Salaries and expenses’’, Pennsylvania
Avenue Development Corporation are to be offset by unobligated
balances made available under this Act under the account ‘‘Public
development’’, Pennsylvania Avenue Development Corporation and
all funds obligated in fiscal year 1996 under ‘‘International forestry’’,
Forest Service are to be offset, as appropriate, by funds made
available under this Act under the accounts ‘‘Forest research’’,
‘‘State and private forestry’’, ‘‘National forest system’’, and
‘‘Construction’’ in the Forest Service.
SEC. 339. (a) Notwithstanding any other provision of law, in 5 USC 5597 note.
order to avoid or minimize the need for involuntary separations
due to a reduction in force, reorganizations, transfer of function,
or other similar action, the Secretary of the Smithsonian Institution
may pay, or authorize the payment of, voluntary separation incen-
tive payments to Smithsonian Institution employees who separate
from Federal service voluntarily through October 1, 1996 (whether
by retirement or resignation).
(b) A voluntary separation incentive payment—
110 STAT. 1321–211 PUBLIC LAW 104–134—APR. 26, 1996
(1) shall be paid in a lump sum after the employee’s separa-
tion in an amount to be determined by the Secretary, but
shall not exceed $25,000; and
(2) shall not be a basis for payment, and shall not be
included in the computation, of any other type of benefit.
(c)(1) An employee who has received a voluntary separation
incentive payment under this section and accepts employment with
any agency or instrumentality of the United States within 5 years
after the date of the separation on which the payment is based
shall be required to repay the entire amount of the incentive pay-
ment to the Smithsonian Institution.
(2) The repayment required by paragraph (1) may be waived
only by the Secretary.
(d) In addition to any other payments which it is required
to make under subchapter III of chapter 83 of title 5, United
States Code, the Smithsonian shall remit to the Office of Personnel
Management for deposit in the Treasury of the United States to
the credit of the Civil Service Retirement and Disability Fund
an amount equal to 15 percent of the final basic pay of each
employee of the Smithsonian to whom a voluntary separation incen-
tive payment has been paid.
This Act may be cited as the ‘‘Department of the Interior
and Related Agencies Appropriations Act, 1996’’.
(d) For programs, projects or activities in the Departments
of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1996, provided as follows, to be effec-
tive as if it had been enacted into law as the regular appropriations
Act:
Departments of AN ACT
Labor, Health
and Human Making appropriations for the Departments of Labor, Health
Services, and and Human Services, and Education, and related agencies, for
Education, and
Related Agencies the fiscal year ending September 30, 1996 and for other purposes.
Appropriations
Act, 1996. TITLE I—DEPARTMENT OF LABOR
Department of
Labor
Appropriations EMPLOYMENT AND TRAINING ADMINISTRATION
Act, 1996.
TRAINING AND EMPLOYMENT SERVICES
For expenses necessary to carry into effect the Job Training
Partnership Act, as amended, including the purchase and hire
of passenger motor vehicles, the construction, alteration, and repair
of buildings and other facilities, and the purchase of real property
for training centers as authorized by the Job Training Partnership
Act; title II of the Civil Rights Act of 1991; the Women in
Apprenticeship and Nontraditional Occupations Act; National Skill
Standards Act of 1994; and the School-to-Work Opportunities Act;
$4,146,278,000 plus reimbursements, of which $3,226,559,000 is
available for obligation for the period July 1, 1996 through June
30, 1997; of which $121,467,000 is available for the period July
1, 1996 through June 30, 1999 for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers; and of
which $170,000,000 shall be available from July 1, 1996 through
September 30, 1997, for carrying out activities of the School-to-
Work Opportunities Act: Provided, That $52,502,000 shall be for
carrying out section 401 of the Job Training Partnership Act,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–212
$69,285,000 shall be for carrying out section 402 of such Act,
$7,300,000 shall be for carrying out section 441 of such Act,
$8,000,000 shall be for all activities conducted by and through
the National Occupational Information Coordinating Committee
under such Act, $850,000,000 shall be for carrying out title II,
part A of such Act, $126,672,000 shall be for carrying out title
II, part C of such Act and $2,500,000 shall be available for obligation
from October 1, 1995 through September 30, 1996 to support short-
term training and employment-related activities incurred by the
organizer of the 1996 Paralympic Games: Provided further, That
no funds from any other appropriation shall be used to provide
meal services at or for Job Corps centers: Provided further, That
notwithstanding any other provision of law, the Secretary of Labor
may waive any of the requirements contained in sections 4, 104,
105, 107, 108, 121, 164, 204, 253, 254, 264, 301, 311, 313, 314,
and 315 of the Job Training Partnership Act in order to assist
States in improving State workforce development systems, pursuant
to a request submitted by a State that has prior to the date
of enactment of this Act executed a Memorandum of Understanding
with the United States requiring such State to meet agreed upon
outcomes: Provided further, That funds used from this Act to carry
out title III of the Job Training Partnership Act shall not be
subject to the limitation contained in subsection (b) of section 315
of such Act; that the waiver allowing a reduction in the cost limita-
tion relating to retraining services described in subsection (a)(2)
of such section 315 may be granted with respect to funds from
this Act if a substate grantee demonstrates to the Governor that
such waiver is appropriate due to the availability of low-cost retrain-
ing services, is necessary to facilitate the provision of needs-related
payments to accompany long-term training, or is necessary to facili-
tate the provision of appropriate basic readjustment services and
that funds used from this Act to carry out the Secretary’s discre-
tionary grants under part B of such title III may be used to
provide needs-related payments to participants who, in lieu of meet-
ing the requirements relating to enrollment in training under sec-
tion 314(e) of such Act, are enrolled in training by the end of
the sixth week after funds have been awarded: Provided further,
That service delivery areas may transfer funding provided herein
under authority of titles II–B and II–C of the Job Training Partner-
ship Act between the programs authorized by those titles of that
Act, if such transfer is approved by the Governor: Provided further,
That service delivery areas and substate areas may transfer funding
provided herein under authority of title II–A and title III of the
Job Training Partnership Act between the programs authorized
by those titles of the Act, if such transfer is approved by the
Governor: Provided further, That, notwithstanding any other provi-
sion of law, any proceeds from the sale of Job Corps Center facilities
shall be retained by the Secretary of Labor to carry out the Job
Corps program.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out the activities for national grants or contracts
with public agencies and public or private nonprofit organizations
under paragraph (1)(A) of section 506(a) of title V of the Older
Americans Act of 1965, as amended, or to carry out older worker
activities as subsequently authorized, $290,940,000.
110 STAT. 1321–213 PUBLIC LAW 104–134—APR. 26, 1996
To carry out the activities for grants to States under paragraph
(3) of section 506(a) of title V of the Older Americans Act of
1965, as amended, or to carry out older worker activities as subse-
quently authorized, $82,060,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I, and for training,
for allowances for job search and relocation, and for related State
administrative expenses under part II, subchapters B and D, chap-
ter 2, title II of the Trade Act of 1974, as amended, $346,100,000,
together with such amounts as may be necessary to be charged
to the subsequent appropriation for payments for any period subse-
quent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For activities authorized by the Act of June 6, 1933, as amended
(29 U.S.C. 49–49l–1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social
Security Act, as amended (42 U.S.C. 502–504); necessary adminis-
trative expenses for carrying out 5 U.S.C. 8501–8523, and sections
225, 231–235, 243–244, and 250(d)(1), 250(d)(3), title II of the
Trade Act of 1974, as amended; as authorized by section 7c of
the Act of June 6, 1933, as amended, necessary administrative
expenses under sections 101(a)(15)(H), 212(a)(5)(A), (m) (2) and
(3), (n)(1), and 218(g) (1), (2), and (3), and 258(c) of the Immigration
and Nationality Act, as amended (8 U.S.C. 1101 et seq.); necessary
administrative expenses to carry out section 221(a) of the Immigra-
tion Act of 1990, $135,328,000, together with not to exceed
$3,102,194,000 (including not to exceed $1,653,000 which may be
used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior
to 1980, and including not to exceed $2,000,000 which may be
obligated in contracts with non-State entities for activities such
as occupational and test research activities which benefit the Fed-
eral-State Employment Service System), which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund, and of which the sums available in
the allocation for activities authorized by title III of the Social
Security Act, as amended (42 U.S.C. 502–504), and the sums avail-
able in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501–8523, shall be available for obligation
by the States through December 31, 1996, except that funds used
for automation acquisitions shall be available for obligation by
States through September 30, 1998; and of which $133,452,000,
together with not to exceed $738,283,000 of the amount which
may be expended from said trust fund shall be available for obliga-
tion for the period July 1, 1996, through June 30, 1997, to fund
activities under the Act of June 6, 1933, as amended, including
the cost of penalty mail made available to States in lieu of allot-
ments for such purpose, and of which $216,333,000 shall be avail-
able only to the extent necessary for additional State allocations
to administer unemployment compensation laws to finance
increases in the number of unemployment insurance claims filed
and claims paid or changes in a State law: Provided, That to
the extent that the Average Weekly Insured Unemployment (AWIU)
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–214
for fiscal year 1996 is projected by the Department of Labor to
exceed 2.785 million, an additional $28,600,000 shall be available
for obligation for every 100,000 increase in the AWIU level (includ-
ing a pro rata amount for any increment less than 100,000) from
the Employment Security Administration Account of the Unemploy-
ment Trust Fund: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career
center network may be obligated in contracts, grants or agreements
with non-State entities: Provided further, That funds appropriated
under this Act for activities authorized under the Wagner-Peyser
Act, as amended, and title III of the Social Security Act, may
be used by the States to fund integrated Employment Service and
Unemployment Insurance automation efforts, notwithstanding cost
allocation principles prescribed under Office of Management and
Budget Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
as amended, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code of
1954, as amended; and for nonrepayable advances to the Unemploy-
ment Trust Fund as authorized by section 8509 of title 5, United
States Code, and section 104(d) of Public Law 102–164, and section
5 of Public Law 103–6, and to the ‘‘Federal unemployment benefits
and allowances’’ account, to remain available until September 30,
1997, $369,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September
15, 1996, for costs incurred by the Black Lung Disability Trust
Fund in the current fiscal year, such sums as may be necessary.
ADVANCES TO THE EMPLOYMENT SECURITY ADMINISTRATION ACCOUNT
OF THE UNEMPLOYMENT TRUST FUND
(RESCISSION)
Amounts remaining unobligated under this heading as of
September 30, 1995, are hereby rescinded.
PAYMENTS TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
(RESCISSION)
Of the amounts remaining unobligated under this heading as
of September 30, 1995, $266,000,000 are hereby rescinded.
PROGRAM ADMINISTRATION
For expenses of administering employment and training pro-
grams and for carrying out section 908 of the Social Security Act,
$83,054,000, together with not to exceed $40,793,000, which may
be expended from the Employment Security Administration account
in the Unemployment Trust Fund.
110 STAT. 1321–215 PUBLIC LAW 104–134—APR. 26, 1996
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for Pension and Welfare Benefits
Administration, $67,497,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance authorized
by section 104 of Public Law 96–364, within limits of funds and
borrowing authority available to such Corporation, and in accord
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
the Government Corporation Control Act, as amended (31 U.S.C.
9104), as may be necessary in carrying out the program through
September 30, 1996, for such Corporation: Provided, That not to
exceed $10,603,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corpora-
tion in connection with the collection of premiums, the termination
of pension plans, for the acquisition, protection or management,
and investment of trust assets, and for benefits administration
services shall be considered as non-administrative expenses for
the purposes hereof, and excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services rendered,
$265,637,000, together with $1,007,000 which may be expended
from the Special Fund in accordance with sections 39(c) and 44(j)
of the Longshore and Harbor Workers’ Compensation Act: Provided,
That the Secretary of Labor is authorized to accept, retain, and
spend, until expended, in the name of the Department of Labor,
all sums of money ordered to be paid to the Secretary of Labor,
in accordance with the terms of the Consent Judgment in Civil
Action No. 91–0027 of the United States District Court for the
District of the Northern Mariana Islands (May 21, 1992): Provided
further, That the Secretary of Labor is authorized to establish
and, in accordance with 31 U.S.C. 3302, collect and deposit in
the Treasury fees for processing applications and issuing certificates
under sections 11(d) and 14 of the Fair Labor Standards Act of
1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under Title I of the Migrant
and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801
et seq.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–216
any prior fiscal year authorized by title 5, chapter 81 of the United
States Code; continuation of benefits as provided for under the
head ‘‘Civilian War Benefits’’ in the Federal Security Agency Appro-
priation Act, 1947; the Employees’ Compensation Commission
Appropriation Act, 1944; and sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per centum
of the additional compensation and benefits required by section
10(h) of the Longshore and Harbor Workers’ Compensation Act,
as amended, $218,000,000 together with such amounts as may
be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That such
sums as are necessary may be used under section 8104 of title
5, United States Code, by the Secretary to reimburse an employer,
who is not the employer at the time of injury, for portions of
the salary of a reemployed, disabled beneficiary: Provided further,
That balances of reimbursements unobligated on September 30,
1995, shall remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That in
addition there shall be transferred to this appropriation from the
Postal Service and from any other corporation or instrumentality
required under section 8147(c) of title 5, United States Code, to
pay an amount for its fair share of the cost of administration,
such sums as the Secretary of Labor determines to be the cost
of administration for employees of such fair share entities through
September 30, 1996: Provided further, That of those funds trans-
ferred to this account from the fair share entities to pay the cost
of administration, $19,383,000 shall be made available to the Sec-
retary of Labor for expenditures relating to capital improvements
in support of Federal Employees’ Compensation Act administration,
and the balance of such funds shall be paid into the Treasury
as miscellaneous receipts: Provided further, That the Secretary
may require that any person filing a notice of injury or a claim
for benefits under Subchapter 5, U.S.C., chapter 81, or under sub-
chapter 33, U.S.C. 901, et seq. (the Longshore and Harbor Workers’
Compensation Act, as amended), provide as part of such notice
and claim, such identifying information (including Social Security
account number) as such regulations may prescribe.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability Trust Fund,
$996,763,000, of which $949,494,000 shall be available until
September 30, 1997, for payment of all benefits as authorized
by section 9501(d) (1), (2), (4), and (7), of the Internal Revenue
Code of 1954, as amended, and interest on advances as authorized
by section 9501(c)(2) of that Act, and of which $27,350,000 shall
be available for transfer to Employment Standards Administration,
Salaries and Expenses, and $19,621,000 for transfer to Depart-
mental Management, Salaries and Expenses, and $298,000 for
transfer to Departmental Management, Office of Inspector General,
for expenses of operation and administration of the Black Lung
Benefits program as authorized by section 9501(d)(5)(A) of that
Act: Provided, That in addition, such amounts as may be necessary
may be charged to the subsequent year appropriation for the pay-
ment of compensation, interest, or other benefits for any period
110 STAT. 1321–217 PUBLIC LAW 104–134—APR. 26, 1996
subsequent to August 15 of the current year: Provided further,
That in addition such amounts shall be paid from this fund into
miscellaneous receipts as the Secretary of the Treasury determines
to be the administrative expenses of the Department of the Treasury
for administering the fund during the current fiscal year, as author-
ized by section 9501(d)(5)(B) of that Act.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $304,984,000 including not to exceed $68,295,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act,
which grants shall be no less than fifty percent of the costs of
State occupational safety and health programs required to be
incurred under plans approved by the Secretary under section 18
of the Occupational Safety and Health Act of 1970; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fiscal year
of training institute course tuition fees, otherwise authorized by
law to be collected, and may utilize such sums for occupational
29 USC 670 note. safety and health training and education grants: Provided, That
none of the funds appropriated under this paragraph shall be obli-
gated or expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Occupational Safety
and Health Act of 1970 which is applicable to any person who
is engaged in a farming operation which does not maintain a
temporary labor camp and employs ten or fewer employees: Pro-
vided further, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce any stand-
ard, rule, regulation, or order under the Occupational Safety and
Health Act of 1970 with respect to any employer of ten or fewer
employees who is included within a category having an occupational
injury lost workday case rate, at the most precise Standard Indus-
trial Classification Code for which such data are published, less
than the national average rate as such rates are most recently
published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of that Act (29 U.S.C.
673), except—
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for viola-
tions which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–218
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs ten or fewer
employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $196,673,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-
aid work, and the hire of passenger motor vehicles; the Secretary 30 USC 962.
is authorized to accept lands, buildings, equipment, and other con-
tributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the
Mine Safety and Health Administration is authorized to promote
health and safety education and training in the mining community
through cooperative programs with States, industry, and safety
associations; and any funds available to the Department may be
used, with the approval of the Secretary, to provide for the costs
of mine rescue and survival operations in the event of a major
disaster: Provided, That none of the funds appropriated under this
paragraph shall be obligated or expended to carry out section 115
of the Federal Mine Safety and Health Act of 1977 or to carry
out that portion of section 104(g)(1) of such Act relating to the
enforcement of any training requirements, with respect to shell
dredging, or with respect to any sand, gravel, surface stone, surface
clay, colloidal phosphate, or surface limestone mine.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $293,181,000,
of which $11,549,000 shall be for expenses of revising the Consumer
Price Index and shall remain available until September 30, 1997,
together with not to exceed $51,278,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management, includ-
ing the hire of three sedans, and including up to $4,358,000 for
the President’s Committee on Employment of People With Disabil-
ities, $141,047,000; together with not to exceed $303,000, which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That no funds 33 USC 921 note.
110 STAT. 1321–219 PUBLIC LAW 104–134—APR. 26, 1996
made available by this Act may be used by the Solicitor of Labor
to participate in a review in any United States court of appeals
of any decision made by the Benefits Review Board under section
21 of the Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 921) where such participation is precluded by the decision
of the United States Supreme Court in Director, Office of Workers’
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278, (1995): Provided further, That no funds made available
by this Act may be used by the Secretary of Labor after September
12, 1996, to review a decision under the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review
Board for more than 12 months, except as otherwise specified
Effective date. herein: Provided further, That any such decision pending a review
by the Benefits Review Board for more than one year shall, if
not acted upon by the Board before September 12, 1996, be consid-
ered affirmed by the Benefits Review Board on that date, and
shall be considered the final order of the Board for purposes of
Effective date. obtaining a review in the United States courts of appeals: Provided
further, that beginning on September 13, 1996, the Benefits Review
Board shall make a decision on an appeal of a decision under
the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.
901 et seq.) not later than 1 year after the date the appeal to
the Benefits Review Board was filed; however, if the Benefits
Review Board fails to make a decision within the 1-year period,
the decision under review shall be considered the final order of
the Board for purposes of obtaining a review in the United States
courts of appeals: Provided further that these provisions shall not
be applicable to the review of any decision issued under the Black
Lung Benefits Act (30 USC 901 et seq.).
Effective date. Beginning on September 13, 1996, in any appeal to the Benefits
33 USC 921 note. Review Board that has been pending for one year, the petitioner
may elect to maintain the proceeding before the Benefits Review
Board for a period of 60 days. Such election shall be filed with
the Board no later than 30 days prior to the end of the one-
year period. If no decision is rendered during this 60-day period,
the decision under review shall be considered affirmed by the Board
on the last day of such period, and shall be considered the final
order of the Board for purposes of obtaining a review in the United
States courts of appeals.
WORKING CAPITAL FUND
The language under this heading in Public Law 85–67, as
29 USC 563. amended, is further amended by adding the following before the
last period: ‘‘: Provided further, That within the Working Capital
Fund, there is established an Investment in Reinvention Fund
(IRF), which shall be available to invest in projects of the Depart-
ment designed to produce measurable improvements in agency effi-
ciency and significant taxpayer savings. Notwithstanding any other
provision of law, the Secretary of Labor may retain up to $3,900,000
of the unobligated balances in the Department’s annual Salaries
and Expenses accounts as of September 30, 1995, and transfer
those amounts to the IRF to provide the initial capital for the
IRF, to remain available until expended, to make loans to agencies
of the Department for projects designed to enhance productivity
and generate cost savings. Such loans shall be repaid to the IRF
no later than September 30 of the fiscal year following the fiscal
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–220
year in which the project is completed. Such repayments shall
be deposited in the IRF, to be available without further appropria-
tion action.’’
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING
Not to exceed $170,390,000 may be derived from the Employ-
ment Security Administration account in the Unemployment Trust
Fund to carry out the provisions of 38 U.S.C. 4100–4110A and
4321–4327, and Public Law 103–353, and which shall be available
for obligation by the States through December 31, 1996.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $44,426,000, together with not to exceed
$3,615,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an individ-
ual, either as direct costs or any proration as an indirect cost,
at a rate in excess of $125,000.
SEC. 102. None of the funds made available in this Act may Ergonomics.
be used by the Occupational Safety and Health Administration
directly or through section 23(g) of the Occupational Safety and
Health Act to promulgate or issue any proposed or final standard
or guideline regarding ergonomic protection. Nothing in this section
shall be construed to limit the Occupational Safety and Health
Administration from conducting any peer reviewed risk assessment
activity regarding ergonomics, including conducting peer reviews
of the scientific basis for establishing any standard or guideline,
direct or contracted research, or other activity necessary to fully
establish the scientific basis for promulgating any standard or
guideline on ergonomic protection.
(TRANSFER OF FUNDS)
SEC. 103. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of Labor
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfers: Provided, That the Appropriations Commit-
tees of both Houses of Congress are notified at least fifteen days
in advance of any transfers.
SEC. 104. Funds shall be available for carrying out Title IV–
B of the Job Training Partnership Act, notwithstanding section
427(c) of that Act, if a Job Corps center fails to meet national
performance standards established by the Secretary.
This title may be cited as the ‘‘Department of Labor Appropria-
tions Act, 1996’’.
110 STAT. 1321–221 PUBLIC LAW 104–134—APR. 26, 1996
Department of TITLE II—DEPARTMENT OF HEALTH AND HUMAN
Health and SERVICES
Human Services
Appropriations
Act, 1996. HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, VII, VIII, X, XVI, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V of the Social Security
Act, the Health Care Quality Improvement Act of 1986, as amended,
Public Law 101–527, and the Native Hawaiian Health Care Act
of 1988, as amended, $3,077,857,000, of which $391,700,000 shall
be for part A of title XXVI of the Public Health Service Act and
$260,847,000 shall be for part B of title XXVI of the Public Health
Service Act, and of which $411,000 shall remain available until
expended for interest subsidies on loan guarantees made prior
to fiscal year 1981 under part B of title VII of the Public Health
Service Act: Provided, That the Division of Federal Occupational
Health may utilize personal services contracting to employ profes-
sional management/administrative, and occupational health profes-
sionals: Provided further, That of the funds made available under
this heading, $858,000 shall be available until expended for facilities
renovations at the Gillis W. Long Hansen’s Disease Center: Provided
further, That in addition to fees authorized by section 427(b) of
the Health Care Quality Improvement Act of 1986, fees shall be
collected for the full disclosure of information under the Act suffi-
cient to recover the full costs of operating the National Practitioner
Data Bank, and shall remain available until expended to carry
out that Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law 104–73:
Family planning. Provided further, That of the funds made available under this
heading, $193,349,000 shall be for the program under title X of
the Public Health Service Act to provide for voluntary family plan-
Abortion. ning projects: Provided further, That amounts provided to said
projects under such title shall not be expended for abortions, that
all pregnancy counseling shall be nondirective, and that such
amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way tends
to promote public support or opposition to any legislative proposal
or candidate for public office: Provided further, That notwithstand-
ing any other provision of law, funds made available under this
heading may be used to continue operating the Council on Graduate
Medical Education established by section 301 of Public Law 102–
408: Provided further, That the Secretary shall use amounts avail-
able for section 2603(b) of the Public Health Service Act as necessary
to ensure that fiscal year 1996 grant awards made under section
2603(a) of such Act to eligible areas that received such grants
in fiscal year 1995 are not less than 99 percent of the fiscal year
AIDS. 1995 level: Provided further, That funds made available under
this heading for activities authorized by part A of title XXVI of
the Public Health Service Act are available only for those metropoli-
tan areas previously funded under Public Law 103–333 or with
a cumulative total of more than 2,000 cases of AIDS, as reported
to the Centers for Disease Control and Prevention as of March
31, 1995, and have a population of 500,000 or more: Provided
further, That of the amounts provided for part B of title XXVI
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–222
of the Public Health Service Act $52,000,000 shall be used only
for State AIDS Drug Assistance Programs authorized by section
2616 of the Public Health Service Act and shall be distributed
to States as authorized by section 2618(b)(2) of such Act.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES
For carrying out subsections (d) and (e) of section 1602 of
the Public Health Service Act, $8,000,000, together with any
amounts received by the Secretary in connection with loans and
loan guarantees under title VI of the Public Health Service Act,
to be available without fiscal year limitation for the payment of
interest subsidies. During the fiscal year, no commitments for direct
loans or loan guarantees shall be made.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
For the cost of guaranteed loans, such sums as may be nec-
essary to carry out the purpose of the program, as authorized
by title VII of the Public Health Service Act, as amended: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the total loan principal any part of which
is to be guaranteed at not to exceed $210,000,000. In addition,
for administrative expenses to carry out the guaranteed loan pro-
gram, $2,688,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of
title XXI of the Public Health Service Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $3,000,000 shall be available from the
Trust Fund to the Secretary of Health and Human Services.
VACCINE INJURY COMPENSATION
For payment of claims resolved by the United States Court
of Federal Claims related to the administration of vaccines before
October 1, 1988, $110,000,000, to remain available until expended.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
(RESCISSION)
Of the amounts made available under this heading in Public
Law 103–333, Public Law 103–112, and Public Law 102–394 for
immunization activities, $53,000,000 are hereby rescinded: Pro-
vided, That the Director may redirect the total amount made avail-
able under authority of Public Law 101–502, section 3, dated
November 3, 1990, to activities the Director may so designate:
110 STAT. 1321–223 PUBLIC LAW 104–134—APR. 26, 1996
Provided further, That the Congress is to be notified promptly
of any such transfer.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health Service
Act with respect to substance abuse and mental health services,
the Protection and Advocacy for Mentally Ill Individuals Act of
1986, and section 301 of the Public Health Service Act with respect
to program management, $1,883,715,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health Serv-
ice Commissioned Officers as authorized by law, and for payments
under the Retired Serviceman’s Family Protection Plan and Survi-
vor Benefit Plan and for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act (10 U.S.C. ch.
55), and for payments pursuant to section 229(b) of the Social
Security Act (42 U.S.C. 429(b)), such amounts as may be required
during the current fiscal year.
AGENCY FOR HEALTH CARE POLICY AND RESEARCH
HEALTH CARE POLICY AND RESEARCH
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, $65,186,000;
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data tapes shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made available
pursuant to section 926(b) of the Public Health Service Act shall
not exceed $60,124,000.
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $55,094,355,000, to remain available
until expended.
For making, after May 31, 1996, payments to States under
title XIX of the Social Security Act for the last quarter of fiscal
year 1996 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States under title XIX of the Social
Security Act for the first quarter of fiscal year 1997,
$26,155,350,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–224
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under
sections 217(g) and 1844 of the Social Security Act, sections 103(c)
and 111(d) of the Social Security Amendments of 1965, section
278(d) of Public Law 97–248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$63,313,000,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI, XVIII,
and XIX of the Social Security Act, and title XIII of the Public
Health Service Act, the Clinical Laboratory Improvement Amend-
ments of 1988, and section 4005(e) of Public Law 100–203, not
to exceed $1,734,810,000, together with all funds collected in accord-
ance with section 353 of the Public Health Service Act, the latter
funds to remain available until expended, together with such sums
as may be collected from authorized user fees and the sale of
data, which shall remain available until expended, the
$1,734,810,000, to be transferred to this appropriation as authorized
by section 201(g) of the Social Security Act, from the Federal
Hospital Insurance and the Federal Supplementary Medical Insur-
ance Trust Funds: Provided, That all funds derived in accordance
with 31 U.S.C. 9701 from organizations established under title
XIII of the Public Health Service Act are to be credited to this
appropriation.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE
FUND
For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the Sec-
retary in connection with loans and loan guarantees under title
XIII of the Public Health Service Act, to be available without
fiscal year limitation for the payment of outstanding obligations.
During fiscal year 1996, no commitments for direct loans or loan
guarantees shall be made.
ADMINISTRATION FOR CHILDREN AND FAMILIES
FAMILY SUPPORT PAYMENTS TO STATES
For making payments to States or other non-Federal entities,
except as otherwise provided, under titles I, IV–A (other than
section 402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security
Act, and the Act of July 5, 1960 (24 U.S.C. ch. 9), $13,614,307,000,
to remain available until expended.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under titles I, IV–A and
D, X, XI, XIV, and XVI of the Social Security Act, for the last
three months of the current year for unanticipated costs, incurred
for the current fiscal year, such sums as may be necessary.
For making payments to States or other non-Federal entities
under titles I, IV–A (other than section 402(g)(6)) and D, X, XI,
XIV, and XVI of the Social Security Act and the Act of July 5,
110 STAT. 1321–225 PUBLIC LAW 104–134—APR. 26, 1996
1960 (24 U.S.C. ch. 9) for the first quarter of fiscal year 1997,
$4,800,000,000, to remain available until expended.
JOB OPPORTUNITIES AND BASIC SKILLS
For carrying out aid to families with dependent children work
programs, as authorized by part F of title IV of the Social Security
Act, $1,000,000,000.
LOW INCOME HOME ENERGY ASSISTANCE
(INCLUDING RESCISSION)
Of the funds made available beginning on October 1, 1995
under this heading in Public Law 103–333, $100,000,000 are hereby
rescinded.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $300,000,000 to be available for obliga-
tion in the period October 1, 1996 through September 30, 1997:
Provided, That all of the funds available under this paragraph
are hereby designated by Congress to be emergency requirements
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emer-
President. gency Deficit Control Act of 1985: Provided further, That these
funds shall be made available only after submission to Congress
of a formal budget request by the President that includes designa-
tion of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985.
Funds made available in the fourth paragraph under this head-
ing in Public Law 103–333 that remain unobligated as of September
30, 1996 shall remain available until September 30, 1997.
REFUGEE AND ENTRANT ASSISTANCE
For making payments for refugee and entrant assistance activi-
ties authorized by title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of
1980 (Public Law 96–422), $402,172,000: Provided, That funds
appropriated pursuant to section 414(a) of the Immigration and
Nationality Act under Public Law 103–112 for fiscal year 1994
shall be available for the costs of assistance provided and other
activities conducted in such year and in fiscal years 1995 and
1996.
CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and Development
Block Grant Act of 1990), $934,642,000, which shall be available
for obligation under the same statutory terms and conditions
applicable in the prior fiscal year.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the
Social Security Act, $2,381,000,000: Provided, That notwithstanding
section 2003(c) of such Act, the amount specified for allocation
under such section for fiscal year 1996 shall be $2,381,000,000.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–226
CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities Assistance
and Bill of Rights Act, the Head Start Act, the Child Abuse Preven-
tion and Treatment Act, the Family Violence Prevention and Serv-
ices Act, the Native American Programs Act of 1974, title II of
Public Law 95–266 (adoption opportunities), the Temporary Child
Care for Children with Disabilities and Crisis Nurseries Act of
1986, the Abandoned Infants Assistance Act of 1988, and part
B(1) of title IV of the Social Security Act; for making payments
under the Community Services Block Grant Act; and for necessary
administrative expenses to carry out said Acts and titles I, IV,
X, XI, XIV, XVI, and XX of the Social Security Act, the Act of
July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation
Act of 1981, title IV of the Immigration and Nationality Act, section
501 of the Refugee Education Assistance Act of 1980, and section
126 and titles IV and V of Public Law 100–485, $4,767,006,000,
of which $435,463,000 shall be for making payments under the
Community Services Block Grant Act: Provided, That to the extent
Community Services Block Grant funds are distributed as grant
funds by a State to an eligible entity as provided under the Act,
and have not been expended by such entity, they shall remain
with such entity for carryover into the next fiscal year for expendi-
ture by such entity consistent with program purposes.
In addition, $21,358,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40155, 40211,
40241, and 40251 of Public Law 103–322.
FAMILY PRESERVATION AND SUPPORT
For carrying out section 430 of the Social Security Act,
$225,000,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For making payments to States or other non-Federal entities,
under title IV–E of the Social Security Act, $4,322,238,000.
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, $829,393,000, of which
$4,449,000 shall be for section 712 and $4,732,000 shall be for
section 721: Provided, That notwithstanding section 308(b)(1) of
such Act, the amounts available to each State for administration
of the State plan under title III of such Act shall be reduced
not more than 5 percent below the amount that was available
to such State for such purpose for fiscal year 1995.
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six medium sedans,
110 STAT. 1321–227 PUBLIC LAW 104–134—APR. 26, 1996
and for carrying out titles III, XVII, and XX of the Public Health
Service Act, $139,499,000, together with $6,628,000, to be trans-
ferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund: Provided, That of
the funds made available under this heading for carrying out title
XVII of the Public Health Service Act, $7,500,000 shall be available
until expended for extramural construction.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $36,162,000, together with any funds, to remain
available until expended, that represent the equitable share from
the forfeiture of property in investigations in which the Office
of Inspector General participated, and which are transferred to
the Office of the Inspector General by the Department of Justice,
the Department of the Treasury, or the United States Postal Serv-
ice.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$16,153,000, together with not to exceed $3,314,000, to be trans-
ferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $9,000,000.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to prepare to respond to the health
and medical consequences of nuclear, chemical, or biologic attack
in the United States, $7,000,000, to remain available until expended
and, in addition, for clinical trials, applying imaging technology
used for missile guidance and target recognition to new uses improv-
ing the early detection of breast cancer, $2,000,000, to remain
available until expended.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $37,000 for official reception and representation
expenses when specifically approved by the Secretary.
Children, youth SEC. 202. The Secretary shall make available through assign-
and families. ment not more than 60 employees of the Public Health Service
AIDS. to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emer-
gency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated under this Act may
be used to implement section 399L(b) of the Public Health Service
Act or section 1503 of the National Institutes of Health Revitaliza-
tion Act of 1993, Public Law 103–43.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–228
SEC. 204. None of the funds made available by this Act may
be used to withhold payment to any State under the Child Abuse
Prevention and Treatment Act by reason of a determination that
the State is not in compliance with section 1340.2(d)(2)(ii) of title
45 of the Code of Federal Regulations. This provision expires upon Termination
the date of enactment of the reauthorization of the Child Abuse date.
Prevention and Treatment Act or upon September 30, 1996, which-
ever occurs first.
SEC. 205. None of the funds appropriated in this or any other
Act for the National Institutes of Health and the Substance Abuse
and Mental Health Services Administration shall be used to pay
the salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of $125,000 per year.
Sec. 206. None of the funds appropriated in this Act may Reports.
be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the
Department of Health and Human Services, prior to the Secretary’s
preparation and submission of a report to the Committee on Appro-
priations of the Senate and of the House detailing the planned
uses of such funds.
(TRANSFER OF FUNDS)
SEC. 207. Of the funds appropriated or otherwise made avail-
able for the Department of Health and Human Services, General
Departmental Management, for fiscal year 1996, the Secretary of
Health and Human Services shall transfer to the Office of the
Inspector General such sums as may be necessary for any expenses
with respect to the provision of security protection for the Secretary
of Health and Human Services.
SEC. 208. Notwithstanding section 106 of Public Law 104–
91 and section 106 of Public Law 104–99, appropriations for the
National Institutes of Health and the Centers for Disease Control
and Prevention shall be available for fiscal year 1996 as specified
in section 101 of Public Law 104–91 and section 128 of Public
Law 104–99.
SEC. 209. None of the funds appropriated in this Act may
be obligated or expended for the Federal Council on Aging under
the Older Americans Act or the Advisory Board on Child Abuse
and Neglect under the Child Abuse Prevention and Treatment
Act.
SEC. 210. Of the funds provided for the account heading ‘‘Dis-
ease Control, Research, and Training’’ in Public Law 104–91,
$31,642,000, to be derived from the Violent Crime Reduction Trust
Fund, is hereby available for carrying out sections 40151, 40261,
and 40293 of Public Law 103–322 notwithstanding any provision
of Public Law 104–91.
(TRANSFER OF FUNDS)
SEC. 211. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of Health
and Human Services in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfers: Provided, That the
Appropriations Committees of both Houses of Congress are notified
at least fifteen days in advance of any transfers.
110 STAT. 1321–229 PUBLIC LAW 104–134—APR. 26, 1996
(TRANSFER OF FUNDS)
SEC. 212. The Director, National Institutes of Health, jointly
with the Director, Office of AIDS Research, may transfer up to
3 percent among Institutes, Centers, and the National Library
of Medicine from the total amounts identified in the apportionment
for each Institute, Center, or the National Library of Medicine
for AIDS research: Provided, That such transfers shall be within
30 days of enactment of this Act and be based on the scientific
priorities established in the plan developed by the Director, Office
of AIDS Research, in accordance with section 2353 of the 2 Act:
Provided further, That the Congress is promptly notified of the
transfer.
SEC. 213. In fiscal year 1996, the National Library of Medicine
may enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health.
SEC. 214. (a) REIMBURSEMENT OF CERTAIN CLAIMS UNDER THE
MEDICAID PROGRAM.—Notwithstanding any other provision of law,
and subject to subsection (b), in the case where payment has been
made by a State under title XIX of the Social Security Act between
December 31, 1993, and December 31, 1995, to a State-operated
psychiatric hospital for services provided directly by the hospital
or by providers under contract or agreement with the hospital,
and the Secretary of Health and Human Services has notified
the State that the Secretary intends to defer the determination
of claims for reimbursement related to such payment but for which
a deferral of such claims has not been taken as of March 1, 1996,
(or, if such claims have been deferred as of such date, such claims
have not been disallowed by such date), the Secretary shall—
(1) if, as of the date of the enactment of this title, such
claims have been formally deferred or disallowed, discontinue
any such action, and if a disallowance of such claims has
been taken as of such date, rescind any payment reductions
effected;
(2) not initiate any deferral or disallowance proceeding
related to such claims; and
(3) allow reimbursement of such claims.
(b) LIMITATION ON RESCISSION OR REIMBURSEMENT OF
CLAIMS.—The total amount of payment reductions rescinded or
reimbursement of claims allowed under subsection (a) shall not
exceed $54,000,000.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 1996’’.
Department of TITLE III—DEPARTMENT OF EDUCATION
Education
Appropriations EDUCATION REFORM
Act, 1996.
For carrying out activities authorized by titles III and IV of
the Goals 2000: Educate America Act and the School-to-Work
Opportunities Act, $530,000,000, of which $340,000,000 for the
Goals 2000: Educate America Act and $180,000,000 for the School-
to-Work Opportunities Act shall become available on July 1, 1996,
and remain available through September 30, 1997: Provided, That
20 USC 5891 notwithstanding section 311(e) of Public Law 103–227, the Secretary
note.
2 Illegible text, probably ‘‘the Public Health Service’’.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–230
is authorized to grant up to six additional State education agencies
authority to waive Federal statutory or regulatory requirements
for fiscal year 1996 and succeeding fiscal years: Provided further,
That none of the funds appropriated under this heading shall be
obligated or expended to carry out section 304(a)(2)(A) of the Goals
2000: Educate America Act.
EDUCATION FOR THE DISADVANTAGED
For carrying out title I of the Elementary and Secondary Edu-
cation Act of 1965, and section 418A of the Higher Education
Act, $7,228,116,000, of which $5,913,391,000 shall become available
on July 1, 1996 and shall remain available through September
30, 1997 and of which $1,298,386,000 shall become available on
October 1, 1996 and shall remain available through September
30, 1997 for academic year 1996–1997: Provided, That
$5,985,839,000 shall be available for basic grants under section
1124: Provided further, That up to $3,500,000 of these funds shall
be available to the Secretary on October 1, 1995, to obtain updated
local-educational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $677,241,000 shall be avail-
able for concentration grants under section 1124(A) and $3,370,000
shall be available for evaluations under section 1501.
IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $693,000,000, of which
$581,707,000 shall be for basic support payments under section
8003(b), $40,000,000 shall be for payments for children with disabil-
ities under section 8003(d), $50,000,000, to remain available until
expended, shall be for payments under section 8003(f), $5,000,000
shall be for construction under section 8007, and $16,293,000 shall
be for Federal property payments under section 8002.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
titles II, IV–A–1 and 2, V–A, VI, section 7203, and titles IX, X
and XIII of the Elementary and Secondary Education Act of 1965;
the Stewart B. McKinney Homeless Assistance Act; and the Civil
Rights Act of 1964; $1,223,708,000 of which $1,015,481,000 shall
become available on July 1, 1996, and remain available through
September 30, 1997: Provided, That of the amount appropriated,
$275,000,000 shall be for Eisenhower professional development
State grants under title II–B and $275,000,000 shall be for innova-
tive education program strategies State grants under title VI–
A: Provided further, That not less than $3,000,000 shall be for
innovative programs under section 5111.
BILINGUAL AND IMMIGRANT EDUCATION
For carrying out, to the extent not otherwise provided, bilingual
and immigrant education activities authorized by title VII of the
Elementary and Secondary Education Act, without regard to section
7103(b), $178,000,000 of which $50,000,000 shall be for immigrant
education programs authorized by part C: Provided, That State
110 STAT. 1321–231 PUBLIC LAW 104–134—APR. 26, 1996
educational agencies may use all, or any part of, their part C
allocation for competitive grants to local educational agencies: Pro-
vided further, That the Department of Education should only sup-
port instructional programs which ensure that students completely
master English in a timely fashion (a period of three to five years)
while meeting rigorous achievement standards in the academic
content areas.
Territories. SPECIAL EDUCATION
For carrying out parts B, C, D, E, F, G, and H and section
610(j)(2)(C) of the Individuals with Disabilities Education Act,
$3,245,447,000, of which $3,000,000,000 shall become available for
obligation on July 1, 1996, and shall remain available through
September 30, 1997: Provided, That notwithstanding section 621(e),
funds made available for section 621 shall be distributed among
each of the regional centers and the Federal center in proportion
to the amount that each such center received in fiscal year 1995:
Provided further, That the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau shall
be considered public or private nonprofit entities or organizations
for the purpose of parts C, D, E, F, and G of the Individuals
Grants. with Disabilities Education Act: Provided further, That, from the
funds available under section 611 of the Act, the Secretary shall
award grants, for which Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, the Republic of the Mar-
shall Islands, the Federated States of Micronesia, and the Republic
of Palau shall be eligible, to carry out the purposes set forth
in section 601(c) of the Act, and that the amount of funds available
for such grants shall be equal to the amount that the Republic
of the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau would be eligible to receive if they were
considered jurisdictions for the purpose of section 611(e) of the
Grants. Act: Provided further, That the Secretary shall award grants in
accordance with the recommendations of the entity specified in
section 1121(b)(2)(A) of the Elementary and Secondary Education
Act, including the provision of administrative costs to such entity
not to exceed five percent: Provided further, That to be eligible
for a competitive award under the Individuals with Disabilities
Education Act, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau must meet the
conditions applicable to States under part B of the Act.
REHABILITATION SERVICES AND DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance for
Individuals with Disabilities Act, and the Helen Keller National
Center Act, as amended, and the 1996 Paralympics Games,
$2,456,120,000 of which $7,000,000 will be used to support the
Paralympics Games: Provided, That $1,000,000 of the funds pro-
vided for Special Demonstrations shall be used to continue the
two head injury centers that were first funded under this program
in fiscal year 1992.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–232
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $6,680,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986 (20 U.S.C.
4301 et seq.), $42,180,000: Provided, That from the amount avail-
able, the Institute may at its discretion use funds for the endowment
program as authorized under section 207.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986 (20 U.S.C. 4301 et seq.), $77,629,000: Provided, That
from the amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207.
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education Act,
the Adult Education Act, and the National Literacy Act of 1991,
$1,340,261,000, of which $4,869,000 shall be for the National
Institute for Literacy; and of which $1,337,342,000 shall become
available on July 1, 1996 and shall remain available through
September 30, 1997: Provided, That of the amounts made available
under the Carl D. Perkins Vocational and Applied Technology Edu-
cation Act, $5,000,000 shall be for national programs under title
IV without regard to section 451 and $350,000 shall be for evalua-
tions under section 346(b) of the Act and no funds shall be awarded
to a State Council under section 112(f), and no State shall be
required to operate such a Council.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 4 of part A, part C, and
part E of title IV of the Higher Education Act of 1965, as amended,
$6,312,033,000, which shall remain available through September
30, 1997: Provided, That notwithstanding section 401(a)(1) of the
Act, there shall be not to exceed 3,650,000 Pell Grant recipients
in award year 1995–1996.
The maximum Pell Grant for which a student shall be eligible 20 USC 1070a.
during award year 1996–1997 shall be $2,470: Provided, That not-
withstanding section 401(g) of the Act, as amended, if the Secretary
determines, prior to publication of the payment schedule for award
year 1996–1997, that the $4,967,446,000 included within this appro-
priation for Pell Grant awards for award year 1996–1997, and
any funds available from the fiscal year 1995 appropriation for
Pell Grant awards, are insufficient to satisfy fully all such awards
for which students are eligible, as calculated under section 401(b)
of the Act, the amount paid for each such award shall be reduced
by either a fixed or variable percentage, or by a fixed dollar amount,
110 STAT. 1321–233 PUBLIC LAW 104–134—APR. 26, 1996
as determined in accordance with a schedule of reductions estab-
lished by the Secretary for this purpose.
FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT
For Federal administrative expenses to carry out guaranteed
student loans authorized by title IV, part B, of the Higher Education
Act, as amended, $30,066,000.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, parts
A and B of title III, without regard to section 360(a)(1)(B)(ii),
titles IV, V, VI, VII, and IX, part A and subpart 1 of part B
of title X, and title XI of the Higher Education Act of 1965, as
amended, Public Law 102–423, and the Mutual Educational and
Cultural Exchange Act of 1961; $836,964,000, of which $16,712,000
for interest subsidies under title VII of the Higher Education Act,
as amended, shall remain available until expended: Provided, That
notwithstanding sections 419D, 419E, and 419H of the Higher
Education Act, as amended, scholarships made under title IV, part
A, subpart 6 shall be prorated to maintain the same number of
new scholarships in fiscal year 1996 as in fiscal year 1995.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et
seq.), $182,348,000: Provided, That from the amount available, the
University may at its discretion use funds for the endowment
program as authorized under the Howard University Endowment
Act (Public Law 98–480).
HIGHER EDUCATION FACILITIES LOANS
The Secretary is hereby authorized to make such expenditures,
within the limits of funds available under this heading and in
accord with law, and to make such contracts and commitments
without regard to fiscal year limitation, as provided by section
104 of the Government Corporation Control Act (31 U.S.C. 9104),
as may be necessary in carrying out the program for the current
fiscal year.
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM
For administrative expenses to carry out the existing direct
loan program of college housing and academic facilities loans
entered into pursuant to title VII, part C, of the Higher Education
Act, as amended, $700,000.
COLLEGE HOUSING LOANS
Contracts. Pursuant to title VII, part C of the Higher Education Act,
as amended, for necessary expenses of the college housing loans
program, previously carried out under title IV of the Housing Act
of 1950, the Secretary shall make expenditures and enter into
contracts without regard to fiscal year limitation using loan repay-
ments and other resources available to this account. Any unobli-
gated balances becoming available from fixed fees paid into this
account pursuant to 12 U.S.C. 1749d, relating to payment of costs
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–234
for inspections and site visits, shall be available for the operating
expenses of this account.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING,
PROGRAM ACCOUNT
The total amount of bonds insured pursuant to section 724
of title VII, part B of the Higher Education Act shall not exceed
$357,000,000, and the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into
pursuant to title VII, part B of the Higher Education Act, as
amended, $166,000.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act; the
National Education Statistics Act; sections 2102, 3136, 3141 and
parts B, C, and D of title III, parts A, B, I, and K, and section
10601 of title X, part C of title XIII of the Elementary and Secondary
Education Act of 1965, as amended, and title VI of the Goals
2000: Educate America Act, $351,268,000: Provided, That
$48,000,000 shall be for sections 3136 and 3141 of the Elementary
and Secondary Education Act: Provided further, That $3,000,000
shall be for the elementary mathematics and science equipment
projects under the fund for the improvement of education: Provided
further, That funds shall be used to extend star schools partnership
projects that received continuation grants in fiscal year 1995: Pro-
vided further, That none of the funds appropriated in this paragraph
may be obligated or expended for the Goals 2000 Community Part-
nerships Program: Provided further, That funds for International
Education Exchange shall be used to extend the two grants awarded
in fiscal year 1995.
LIBRARIES
For carrying out, to the extent not otherwise provided, titles
I, II, III, and IV of the Library Services and Construction Act,
and title II–B of the Higher Education Act, $132,505,000, of which
$16,369,000 shall be used to carry out the provisions of title II
of the Library Services and Construction Act and shall remain
available until expended; and $2,500,000 shall be for section 222
and $3,000,000 shall be for section 223 of the Higher Education
Act: Provided, That $1,000,000 shall be awarded to the Survivors
of the Shoah Visual History Foundation to document and archive
holocaust survivors’ testimony: Provided further, That $1,000,000
shall be for the continued funding of an existing demonstration
project making information available for public use by connecting
Internet to a multistate consortium: Provided further, That
$1,000,000 shall be awarded to the National Museum of Women
in the Arts.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of con-
110 STAT. 1321–235 PUBLIC LAW 104–134—APR. 26, 1996
ference rooms in the District of Columbia and hire of two passenger
motor vehicles, $327,319,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as author-
ized by section 203 of the Department of Education Organization
Act, $55,451,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $28,654,000.
HEADQUARTERS RENOVATION
For necessary expenses for the renovation of the Department
of Education headquarters building, $7,000,000, to remain available
until September 30, 1998.
GENERAL PROVISIONS
Schools. SEC. 301. No funds appropriated in this Act may be used
Busing. for the transportation of students or teachers (or for the purchase
Desegregation. of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
School prayer. SEC. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
SEC. 304. No funds appropriated under this Act shall be made
available for opportunity to learn standards or strategies.
SEC. 305. Notwithstanding any other provision of law, funds
available under section 458 of the Higher Education Act shall
not exceed $436,000,000 for fiscal year 1996. The Department of
Education shall pay administrative cost allowances owed to guar-
anty agencies for fiscal year 1995 estimated to be $95,000,000
and administrative cost allowances owed to guaranty agencies for
fiscal year 1996 estimated to be $81,000,000. The Department of
Education shall pay administrative cost allowances to guaranty
agencies, to be paid quarterly, calculated on the basis of 0.85
percent of the total principal amount of loans upon which insurance
was issued on or after October 1, 1995 by such guaranty agencies.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–236
Receipt of such funds and uses of such funds by guaranty agencies
shall be in accordance with section 428(f) of the Higher Education
Act.
Notwithstanding section 458 of the Higher Education Act, the 20 USC 1087h
Secretary may not use funds available under that section or any note.
other section for subsequent fiscal years for administrative expenses
of the William D. Ford Direct Loan Program. The Secretary may
not require the return of guaranty agency reserve funds during
fiscal year 1996, except after consultation with both the Chairmen
and Ranking Members of the House Economic and Educational
Opportunities Committee and the Senate Labor and Human
Resources Committee. Any reserve funds recovered by the Secretary
shall be returned to the Treasury of the United States for purposes
of reducing the Federal deficit.
No funds available to the Secretary may be used for (1) the
hiring of advertising agencies or other third parties to provide
advertising services for student loan programs, or (2) payment
of administrative fees relating to the William D. Ford Direct Loan
Program to institutions of higher education.
SEC. 306. (a) From any unobligated funds that are available
to the Secretary of Education to carry out sections 5 or 14 of
the Act of September 23, 1950 (Public Law 815, 81st Congress)
(as such Act was in effect on September 30, 1994)
(1) half of the funds shall be available to the Secretary
of Education to carry out subsection (c) of this section; and
(2) half of the funds shall be available to the Secretary
of Education to carry out subparagraphs (B), (C), and (D) of
section 8007(a)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7707(a)(2)), as amended by subsection
(b) of this section.
(b) Subparagraph (B) of section 8007(a)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7707(a)(2)) is
amended by striking ‘‘and in which the agency’’ and all that follows
through ‘‘renovation’’.
(c)(1) The Secretary of Education shall award the funds
described in subsection (a)(1) to local educational agencies, under
such terms and conditions as the Secretary of Education determines
appropriate, for the construction of public elementary or secondary
schools on Indian reservations or in school districts that—
(A) the Secretary of Education determines are in dire need
of construction funding;
(B) contain a public elementary or secondary school that
serves a student population which is 90 percent Indian stu-
dents; and
(C) serve students who are taught in inadequate or unsafe
structures, or in a public elementary or secondary school that
has been condemned.
(2) A local educational agency that receives construction funding
under this subsection for fiscal year 1996 shall not be eligible
to receive any funds under section 8007 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7707) for school
construction for fiscal years 1996 and 1997.
(3) As used in this subsection, the term ‘‘construction’’ has
the meaning given that term in section 8013(3) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7713(3)).
(4) No request for construction funding under this subsection
shall be approved unless the request is received by the Secretary
110 STAT. 1321–237 PUBLIC LAW 104–134—APR. 26, 1996
of Education not later than 30 days after the date of enactment
of this Act.
Reports. (d) The Secretary of Education shall report to the House and
Senate Appropriations Committees on the total amounts available
pursuant to subsections (a)(1) and (a)(2) within 30 days of enact-
ment of this Act.
SEC. 307. None of the funds appropriated in this Act may
be obligated or expended to carry out sections 727, 932, and 1002
of the Higher Education Act of 1965, and section 621(b) of Public
Law 101–589.
(TRANSFER OF FUNDS)
SEC. 308. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of Education
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfers: Provided, That the Appropriations Commit-
tees of both Houses of Congress are notified at least fifteen days
in advance of any transfers.
This title may be cited as the ‘‘Department of Education Appro-
priations Act, 1996’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the United States Soldiers’ and Airmen’s
Home and the United States Naval Home, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$55,971,000, of which $1,954,000 shall remain available until
expended for construction and renovation of the physical plants
at the United States Soldiers’ and Airmen’s Home and the United
States Naval Home: Provided, That this appropriation shall not
be available for the payment of hospitalization of members of the
Soldiers’ and Airmen’s Home in United States Army hospitals at
rates in excess of those prescribed by the Secretary of the Army
upon recommendation of the Board of Commissioners and the Sur-
geon General of the Army.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $198,393,000.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act, for the
fiscal year 1998, $250,000,000: Provided, That no funds made avail-
able to the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms of entertain-
ment for Government officials or employees: Provided further, That
none of the funds contained in this paragraph shall be available
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–238
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Concilia-
tion Service to carry out the functions vested in it by the Labor
Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183),
including hire of passenger motor vehicles; and for expenses nec-
essary for the Labor-Management Cooperation Act of 1978 (29
U.S.C. 175a); and for expenses necessary for the Service to carry
out the functions vested in it by the Civil Service Reform Act,
Public Law 95–454 (5 U.S.C. chapter 71), $32,896,000 including
$1,500,000, to remain available through September 30, 1997, for
activities authorized by the Labor Management Cooperation Act
of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged for special training activities up to full-cost
recovery shall be credited to and merged with this account, and
shall remain available until expended: Provided further, That the
Director of the Service is authorized to accept on behalf of the
United States gifts of services and real, personal, or other property
in the aid of any projects or functions within the Director’s jurisdic-
tion.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,200,000.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses for the National Commission on Librar-
ies and Information Science, established by the Act of July 20,
1970 (Public Law 91–345, as amended by Public Law 102–95),
$829,000.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973, as
amended, $1,793,000.
NATIONAL EDUCATION GOALS PANEL
For expenses necessary for the National Education Goals Panel,
as authorized by title II, part A of the Goals 2000: Educate America
Act, $1,000,000.
110 STAT. 1321–239 PUBLIC LAW 104–134—APR. 26, 1996
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, as amended (29 U.S.C. 141–167), and other
laws, $170,743,000: Provided, That no part of this appropriation
shall be available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings, direc-
tives, or orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5, 1935
(29 U.S.C. 152), and as amended by the Labor-Management Rela-
tions Act, 1947, as amended, and as defined in section 3(f) of
the Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 per centum
of the water stored or supplied thereby is used for farming purposes:
Provided further, That none of the funds made available by this
Act shall be used in any way to promulgate a final rule (altering
29 CFR part 103) regarding single location bargaining units in
representation cases.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Rail-
way Labor Act, as amended (45 U.S.C. 151–188), including emer-
gency boards appointed by the President, $7,837,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $8,100,000.
PHYSICIAN PAYMENT REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1845(a) of the
Social Security Act, $2,923,000, to be transferred to this appropria-
tion from the Federal Supplementary Medical Insurance Trust
Fund.
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1886(e) of the
Social Security Act, $3,267,000, to be transferred to this appropria-
tion from the Federal Hospital Insurance and the Federal Supple-
mentary Medical Insurance Trust Funds.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–240
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$22,641,000.
In addition, to reimburse these trust funds for administrative
expenses to carry out sections 9704 and 9706 of the Internal Reve-
nue Code of 1986, $10,000,000, to remain available until expended.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, $485,396,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety
and Health Act of 1977, for costs incurred in the current fiscal
year, such amounts as may be necessary.
For making benefit payments under title IV of the Federal
Mine Safety and Health Act of 1977 for the first quarter of fiscal
year 1997, $170,000,000, to remain available until expended.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Secu-
rity Act, $18,545,512,000, to remain available until expended, of
which $1,500,000 shall be for a demonstration program to foster
economic independence among people with disabilities through
disability sport, in connection with the Tenth Paralympic Games:
Provided, That any portion of the funds provided to a State in
the current fiscal year and not obligated by the State during that
year shall be returned to the Treasury.
In addition, $15,000,000, to remain available until September
30, 1997, for continuing disability reviews as authorized by section
103 of Public Law 104–121. The term ‘‘continuing disability reviews’’
has the meaning given such term by section 201(g)(1)(A) of the
Social Security Act.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For carrying out title XVI of the Social Security Act for the
first quarter of fiscal year 1997, $9,260,000,000, to remain available
until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two medium
size passenger motor vehicles, and not to exceed $10,000 for official
reception and representation expenses, not more than
$5,267,268,000 may be expended, as authorized by section 201(g)(1)
of the Social Security Act or as necessary to carry out sections
110 STAT. 1321–241 PUBLIC LAW 104–134—APR. 26, 1996
9704 and 9706 of the Internal Revenue Code of 1986 from any
one or all of the trust funds referred to therein: Provided, That
reimbursement to the trust funds under this heading for administra-
tive expenses to carry out sections 9704 and 9706 of the Internal
Revenue Code of 1986 shall be made, with interest, not later than
September 30, 1997: Provided further, That unobligated balances
at the end of fiscal year 1996 not needed for fiscal year 1996
shall remain available until expended for a state-of-the-art comput-
ing network, including related equipment and administrative
expenses associated solely with this network.
In addition to funding already available under this heading,
and subject to the same terms and conditions, $387,500,000, for
disability caseload processing.
From funds provided under the previous two paragraphs, not
less than $200,000,000 shall be available for conducting continuing
disability reviews.
In addition to funding already available under this heading,
and subject to the same terms and conditions, $60,000,000, to
remain available until September 30, 1997, for continuing disability
reviews as authorized by section 103 of Public Law 104–121. The
term ‘‘continuing disability reviews’’ has the meaning given such
term by section 201(g)(1)(A) of the Social Security Act.
In addition to funding already available under this heading,
and subject to the same terms and conditions, $167,000,000, which
shall remain available until expended, to invest in a state-of-the-
art computing network, including related equipment and adminis-
trative expenses associated solely with this network, for the Social
Security Administration and the State Disability Determination
Services, may be expended from any or all of the trust funds
as authorized by section 201(g)(1) of the Social Security Act.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $4,816,000, together with not to exceed
$21,076,000, to be transferred and expended as authorized by sec-
tion 201(g)(1) of the Social Security Act from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, author-
ized under section 15(d) of the Railroad Retirement Act of 1974,
$239,000,000, which shall include amounts becoming available in
fiscal year 1996 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds $239,000,000: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts
on the first day of each month in the fiscal year.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–242
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $300,000, to remain avail-
able through September 30, 1997, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board,
$73,169,000, to be derived from the railroad retirement accounts.
LIMITATION ON RAILROAD UNEMPLOYMENT INSURANCE
ADMINISTRATION FUND
For further expenses necessary for the Railroad Retirement
Board, for administration of the Railroad Unemployment Insurance
Act, not less than $16,786,000 shall be apportioned for fiscal year
1996 from moneys credited to the railroad unemployment insurance
administration fund.
SPECIAL MANAGEMENT IMPROVEMENT FUND
To effect management improvements, including the reduction
of backlogs, accuracy of taxation accounting, and debt collection,
$659,000, to be derived from the railroad retirement accounts and
railroad unemployment insurance account: Provided, That these
funds shall supplement, not supplant, existing resources devoted
to such operations and improvements.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than
$5,673,000, to be derived from the railroad retirement accounts
and railroad unemployment insurance account.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace
as authorized in the United States Institute of Peace Act,
$11,500,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Serv-
ices, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appro-
priations provided in this Act: Provided, That such transferred
balances are used for the same purpose, and for the same periods
of time, for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
110 STAT. 1321–243 PUBLIC LAW 104–134—APR. 26, 1996
SEC. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed to sup-
port or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before
the Congress.
SEC. 504. The Secretaries of Labor and Education are each
authorized to make available not to exceed $15,000 from funds
available for salaries and expenses under titles I and III, respec-
tively, for official reception and representation expenses; the Direc-
tor of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses
not to exceed $2,500 from the funds available for ‘‘Salaries and
expenses, Federal Mediation and Conciliation Service’’; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from funds available for ‘‘Salaries and expenses,
National Mediation Board’’.
AIDS. SEC. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles for the hypodermic
injection of any illegal drug unless the Secretary of Health and
Human Services determines that such programs are effective in
preventing the spread of HIV and do not encourage the use of
illegal drugs.
SEC. 506. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
SEC. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds, including but not lim-
ited to State and local governments and recipients of Federal
research grants, shall clearly state (1) the percentage of the total
costs of the program or project which will be financed with Federal
money, (2) the dollar amount of Federal funds for the project or
program, and (3) percentage and dollar amount of the total costs
of the project or program that will be financed by nongovernmental
sources.
Abortion. SEC. 508. None of the funds appropriated under this Act shall
be expended for any abortion except when it is made known to
the Federal entity or official to which funds are appropriated under
this Act that such procedure is necessary to save the life of the
mother or that the pregnancy is the result of an act of rape or
incest.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–244
SEC. 509. Notwithstanding any other provision of law— 31 USC 1301
(1) no amount may be transferred from an appropriation note.
account for the Departments of Labor, Health and Human
Services, and Education except as authorized in this or any
subsequent appropriation act, or in the Act establishing the
program or activity for which funds are contained in this Act;
(2) no department, agency, or other entity, other than the
one responsible for administering the program or activity for
which an appropriation is made in this Act, may exercise
authority for the timing of the obligation and expenditure of
such appropriation, or for the purposes for which it is obligated
and expended, except to the extent and in the manner otherwise
provided in sections 1512 and 1513 of title 31, United States
Code; and
(3) no funds provided under this Act shall be available
for the salary (or any part thereof) of an employee who is
reassigned on a temporary detail basis to another position
in the employing agency or department or in any other agency
or department, unless the detail is independently approved
by the head of the employing department or agency.
SEC. 510. LIMITATION ON USE OF FUNDS.—None of the funds
made available in this Act may be used for the expenses of an
electronic benefit transfer (EBT) task force.
SEC. 511. None of the funds made available in this Act may
be used to enforce the requirements of section 428(b)(1)(U)(iii) of
the Higher Education Act of 1965 with respect to any lender when
it is made known to the Federal official having authority to obligate
or expend such funds that the lender has a loan portfolio under
part B of title IV of such Act that is equal to or less than $5,000,000.
SEC. 512. None of the funds made available in this Act may
be used for Pell Grants under subpart 1 of part A of title IV
of the Higher Education Act of 1965 to students attending an
institution of higher education that is ineligible to participate in
a loan program under such title as a result of a final default
rate determination made by the Secretary under the Federal Family
Education Loan or Federal Direct Loan program under parts B
and D of such title, respectively, and issued by the Secretary on
or after February 14, 1996. The preceding sentence shall not apply
to an institution that (1) was not participating in either such
loan program on such date (or would not have been participating
on such date but for the pendency of an appeal of a default rate
determination issued prior to such date) unless the institution
subsequently participates in either such loan program; or (2) has
a participation rate index (as defined at 34 CFR 668.17) that
is less than or equal to 0.0375. No institution may be subject
to the terms of this section unless it has had the opportunity
to appeal its default rate determination under regulations issued
by the Secretary for the FFEL and Federal Direct Loan Programs.
SEC. 513. No more than 1 percent of salaries appropriated
for each Agency in this Act may be expended by that Agency
on cash performance awards: Provided, That of the budgetary
resources available to Agencies in this Act for salaries and expenses
during fiscal year 1996, $30,500,000, to be allocated by the Office
of Management and Budget, are permanently canceled: Provided
further, That the foregoing proviso shall not apply to the Food
and Drug Administration and the Indian Health Service.
110 STAT. 1321–245 PUBLIC LAW 104–134—APR. 26, 1996
SEC. 514. (a) HIGH COST TRAINING EXCEPTION.—Section
428H(d)(2) of the Higher Education Act of 1965 (20 U.S.C. 1078–
8(d)(2)) is amended by striking out the period at the end thereof
and inserting in lieu thereof a semicolon and the following:
‘‘except in cases where the Secretary determines, that a higher
amount is warranted in order to carry out the purpose of
this part with respect to students engaged in specialized train-
ing requiring exceptionally high costs of education, but the
annual insurable limit per student shall not be deemed to
be exceeded by a line of credit under which actual payments
by the lender to the borrower will not be made in any years
in excess of the annual limit.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall be effective for loans made to cover the cost of instruction
for periods of enrollment beginning on or after July 1, 1996.
ESTABLISHMENT OF PROHIBITION AGAINST ABORTION-RELATED
DISCRIMINATION IN TRAINING AND LICENSING OF PHYSICIANS.
SEC. 515. Part B of title II of the Public Health Service Act
(42 U.S.C. 238 et seq.) is amended by adding at the end the
following section:
‘‘ABORTION-RELATED DISCRIMINATION IN GOVERNMENTAL ACTIVITIES
REGARDING TRAINING AND LICENSING OF PHYSICIANS
42 USC 238n. ‘‘SEC. 245. (a) IN GENERAL.—The Federal Government, and
any State or local government that receives Federal financial assist-
ance, may not subject any health care entity to discrimination
on the basis that—
‘‘(1) the entity refuses to undergo training in the perform-
ance of induced abortions, to require or provide such training,
to perform such abortions, or to provide referrals for such
training or such abortions;
‘‘(2) the entity refuses to make arrangements for any of
the activities specified in paragraph (1); or
‘‘(3) the entity attends (or attended) a post-graduate physi-
cian training program, or any other program of training in
the health professions, that does not (or did not) perform
induced abortions or require, provide or refer for training in
the performance of induced abortions, or make arrangements
for the provision of such training.
‘‘(b) ACCREDITATION OF POSTGRADUATE PHYSICIAN TRAINING
PROGRAMS.—
‘‘(1) IN GENERAL.—In determining whether to grant a legal
status to a health care entity (including a license or certificate),
or to provide such entity with financial assistance, services
or other benefits, the Federal Government, or any State or
local government that receives Federal financial assistance,
shall deem accredited any postgraduate physician training pro-
gram that would be accredited but for the accrediting agency’s
reliance upon an accreditation standards that requires an entity
to perform an induced abortion or require, provide, or refer
for training in the performance of induced abortions, or make
arrangements for such training, regardless of whether such
Regulations. standard provides exceptions or exemptions. The government
involved shall formulate such regulations or other mechanisms,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–246
or enter into such agreements with accrediting agencies, as
are necessary to comply with this subsection.
‘‘(2) RULES OF CONSTRUCTION.—
‘‘(A) IN GENERAL.—With respect to subclauses (I) and
(II) of section 705(a)(2)(B)(i) (relating to a program of
insured loans for training in the health professions), the
requirements in such subclauses regarding accredited
internship or residency programs are subject to paragraph
(1) of this subsection.
‘‘(B) EXCEPTIONS.—This section shall not—
‘‘(i) prevent any health care entity from volun-
tarily electing to be trained, to train, or to arrange
for training in the performance of, to perform, or to
make referrals for induced abortions; or
‘‘(ii) prevent an accrediting agency or a Federal,
State or local government from establishing standards
of medical competency applicable only to those individ-
uals who have voluntarily elected to perform abortions.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘financial assistance’, with respect to a
government program, includes governmental payments pro-
vided as reimbursement for carrying out health-related activi-
ties.
‘‘(2) The term ‘health care entity’ includes an individual
physician, a postgraduate physician training program, and a
participant in a program of training in the health professions.
‘‘(3) The term ‘postgraduate physician training program’
includes a residency training program.’’.
SEC. 516. SURVEY AND CERTIFICATION OF MEDICARE PROVIDERS.
(a) INTERVALS BETWEEN STANDARD SURVEYS FOR HOME HEALTH
AGENCIES.—Section 1891(c)(2)(A) of the Social Security Act (42
U.S.C. 1395bbb(c)(2)(A)) is amended—
(1) by striking ‘‘15 months’’ and inserting ‘‘36 months’’,
and
(2) by amending the second sentence to read as follows:
‘‘The Secretary shall establish a frequency for surveys of home
health agencies within this 36-month interval commensurate
with the need to assure the delivery of quality home health
services.’’.
(b) RECOGNITION OF ACCREDITATION.—Section 1865 of such Act
(42 U.S.C. 1395bb) is amended—
(1) by redesignating subsection (b) as subsection (d),
(2) by redesignating the fourth sentence of subsection (a)
as subsection (c), and
(3) by striking the third sentence of subsection (a) and
inserting after and below the second sentence the following
new subsection:
‘‘(b)(1) In addition, if the Secretary finds that accreditation
of a provider entity (as defined in paragraph (4)) by the American
Osteopathic Association or any other national accreditation body
demonstrates that all of the applicable conditions or requirements
of this title (other than the requirements of section 1834(j) or
the conditions and requirements under section 1881(b)) are met
or exceeded—
‘‘(A) in the case of a provider entity not described in para-
graph (3)(B), the Secretary shall treat such entity as meeting
110 STAT. 1321–247 PUBLIC LAW 104–134—APR. 26, 1996
those conditions or requirements with respect to which the
Secretary made such finding; or
‘‘(B) in the case of a provider entity described in paragraph
(3)(B), the Secretary may treat such entity as meeting those
conditions or requirements with respect to which the Secretary
made such finding.
‘‘(2) In making such a finding, the Secretary shall consider,
among other factors with respect to a national accreditation body,
its requirements for accreditation, its survey procedures, its ability
to provide adequate resources for conducting required surveys and
supplying information for use in enforcement activities, its monitor-
ing procedures for provider entities found out of compliance with
the conditions or requirements, and its ability to provide the Sec-
retary with necessary data for validation.
Publications. ‘‘(3)(A) Except as provided in subparagraph (B), not later than
60 days after the date of receipt of a written request for a finding
under paragraph (1) (with any documentation necessary to make
a determination on the request), the Secretary shall publish a
notice identifying the national accreditation body making the
request, describing the nature of the request, and providing a
period of at least 30 days for the public to comment on the request.
The Secretary shall approve or deny a request for such a finding,
and shall publish notice of such approval or denial, not later than
Effective date. 210 days after the date of receipt of the request (with such docu-
mentation). Such an approval shall be effective with respect to
accreditation determinations made on or after such effective date
(which may not be later than the date of publication of the approval)
as the Secretary specifies in the publication notice.
‘‘(B) The 210-day and 60-day deadlines specified in subpara-
graph (A) shall not apply in the case of any request for a finding
with respect to accreditation of a provider entity to which the
conditions and requirements of section 1819 and 1861(j) apply.
‘‘(4) For purposes of this section, the term ‘provider entity’
means a provider of services, supplier, facility, clinic, agency, or
laboratory.’’.
(c) AUTHORITY FOR VALIDATION SURVEYS.—
(1) IN GENERAL.—The first sentence of section 1864(c) of
such Act (42 U.S.C. 1395aa(c)) is amended by striking ‘‘hos-
pitals’’ and all that follows and inserting ‘‘provider entities
that, pursuant to subsection (a) or (b)(1) of section 1865, are
treated as meeting the conditions or requirements of this title.’’.
(2) CONFORMING AMENDMENTS.—Section 1865 of such Act,
as amended by subsection (b), is further amended—
(A) in subsection (d), as redesignated by subsection
(b)(1)—
(i) by striking ‘‘a hospital’’ and inserting ‘‘a provider
entity’’,
(ii) by striking ‘‘the hospital’’ each place it appears
and inserting ‘‘the entity’’, and
(iii) by striking ‘‘the requirements of the numbered
paragraphs of section 1861(e)’’ and inserting ‘‘the condi-
tions or requirements the entity has been treated as
meeting pursuant to subsection (a) or (b)(1)’’; and
(B) by adding at the end the following new subsection:
‘‘(e) For provisions relating to validation surveys of entities
that are treated as meeting applicable conditions or requirements
of this title pursuant to subsection (a) or (b)(1), see section 1864(c).’’.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–248
(d) STUDY AND REPORT ON DEEMING FOR NURSING FACILITIES
AND RENAL DIALYSIS FACILITIES.—
(1) STUDY.—The Secretary of Health and Human Services
shall provide for—
(A) a study concerning the effectiveness and appro-
priateness of the current mechanisms for surveying and
certifying skilled nursing facilities for compliance with the
conditions and requirements of sections 1819 and 1861(j)
of the Social Security Act and nursing facilities for compli-
ance with the conditions of section 1919 of such Act, and
(B) a study concerning the effectiveness and appro-
priateness of the current mechanisms for surveying and
certifying renal dialysis facilities for compliance with the
conditions and requirements of section 1881(b) of the Social
Security Act.
(2) REPORT. Not later than July 1, 1997, the Secretary
shall transmit to Congress a report on each of the studies
provided for under paragraph (1). The report on the study
under paragraph (1)(A) shall include (and the report on the
study under paragraph (1)(B) may include) a specific frame-
work, where appropriate, for implementing a process under
which facilities covered under the respective study may be
deemed to meet applicable medicare conditions and require-
ments if they are accredited by a national accreditation body.
SEC. 517. The Secretary of Health and Human Services shall
grant a waiver of the requirements set forth in section
1903(m)(2)(A)(ii) of the Social Security Act to D.C. Chartered Health
Plan, Inc. of the District of Columbia: Provided, That such waiver
shall be deemed to have been in place for all contract periods
from October 1, 1991 through the current contract period or October
1, 1999, whichever shall be later.
SEC. 518. Section 119 of Public Law 104–99 is hereby repealed. 20 USC 1070a
note.
OPTIONAL, ALTERNATIVE MEDICAID PAYMENT METHOD
SEC. 519. (a) ELECTION.—A heavily impacted high-DSH State
(as defined in subsection (d)) may elect to receive payments for
expenditures under title XIX of the Social Security Act for the
period beginning October 1, 1995, and ending June 30, 1996 (in
this section referred to as the ‘‘9-month period’’), for State fiscal
year 1996–1997, and (subject to subsection (c)(4)) for State fiscal
year 1997–1998 in accordance with the alternative payment method
specified in subsection (b) rather than in accordance with section
1903(a) of such Act.
(b) ALTERNATIVE PAYMENT METHOD.—
(1) IN GENERAL.—Under the alternative payment method
specified in this subsection—
(A) any percentage otherwise specified in section
1903(a) of the Social Security Act for expenditures in the
9-month period or a State fiscal year for which the election
is in effect shall be equal to 100 percent minus the non-
Federal participation percentage (specified under para-
graph (2)) for the State for that period or State fiscal
year, and
(B) the total payment for the 9-month period or a
State fiscal year in which the election is in effect may
not exceed the maximum Federal financial participation
specified in paragraph (5) for the period or year.
110 STAT. 1321–249 PUBLIC LAW 104–134—APR. 26, 1996
In applying subparagraph (B), there shall not be counted as
payments for any period or fiscal year any payment that is
attributable to an expenditure which is exempt under sub-
section (c)(1). In applying such subparagraph to the 9-month
period, there shall be counted payments (other than those
described in the previous sentence) that are attributable to
an expenditure for periods occurring in the 9-month period
and before the date of the enactment of this Act.
(2) NON-FEDERAL PARTICIPATION PERCENTAGE.—For pur-
poses of paragraph (1), the ‘‘non-Federal participation percent-
age’’ for a State for the 9-month period or State fiscal year
is equal to the ratio of—
(A) the State’s base State expenditures (as defined
in paragraph (3)) plus the applicable percentage (as defined
in paragraph (4)) of the difference between the amount
of such expenditures and the amount of the State expendi-
tures that would be required for the State to qualify for
the maximum Federal financial participation specified in
paragraph (5) under title XIX of the Social Security Act
if this section did not apply for such period or State fiscal
year; to
(B) the total expenditures under the State plan of
the State under such title for such period or State fiscal
year.
Such ratio shall be calculated as if total expenditures under
the State plan were no greater than necessary for the State
to receive the maximum Federal financial participation speci-
fied in paragraph (5).
(3) BASE STATE EXPENDITURES.—For purposes of this sub-
section, the term ‘‘base State expenditures’’ means—
(A) for the 9-month period, $266,250,000, or
(B) for State fiscal year 1996–1997, $355,000,000, or
(C) for State fiscal year 1997–1998, $355,000,000.
(4) APPLICABLE PERCENTAGE.—For purposes of this sub-
section, the ‘‘applicable percentage’’—
(A) for the 9-month period is 20 percent,
(B) for State fiscal year 1996–1997 is 35 percent, and
(C) for State fiscal year 1997–1998 is 55 percent.
(5) MAXIMUM FEDERAL PARTICIPATION.—For purposes of this
section, the maximum Federal financial participation specified
in this paragraph for a State—
(A) for the 9-month period, is $1,966,500,000
(B) for State fiscal year 1996–1997 is $2,622,000,000,
and
(C) for State fiscal year 1997–1998 is $2,622,000,000.
(c) ADDITIONAL RULES.—
(1) LIMITING APPLICATION TO EXPENDITURES FOR PERIODS
IN WHICH ELECTION IN EFFECT.—This section (and the maximum
Federal financial participation specified in subsection (b)(5))
shall not apply to any expenditure that is applicable to a
reporting period that is not covered under an election under
subsection (a), including any expenditure applicable to any
reporting period before October 1, 1995.
(2) ELECTION PROCESS.—An election of a State under sub-
section (a) shall be made, by notice from the Governor of
the State to the Secretary of Health and Human Services,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–250
not later than 30 days after the date of the enactment of
this Act.
(3) LIMITATION.—For any period (on or after the date of
an election under this section) in which an election is in effect
for a State under this section—
(A) the Federal Government has no obligation to pro-
vide payment with respect to items and services provided
under title XIX of the Social Security Act in excess of
the maximum Federal financial participation specified in
subsection (b)(5) and such title shall not be construed as
providing for an entitlement, under Federal law in relation
to the Federal Government, in an individual or person
(including any provider) at the time of provision or receipt
of services; and
(B) the State shall provide an entitlement to any person
to receive any service or other benefit to the extent that
such person would, but for this paragraph, be entitled
to such service or other benefit under such title.
(4) CONDITION FOR STATE FISCAL YEAR 1997–1998.—This sec-
tion shall not apply to State fiscal year 1997–1998 except
to the extent provided for in a subsequent appropriation Act.
(d) DEFINITION.—For purposes of this section, the term ‘‘heavily
impacted high-DSH State’’ means the State of Louisiana.
(e) STATE FISCAL YEARS DEFINED.—For purposes of this
section—
(1) the term ‘‘State fiscal year 1996–1997’’ means the period
beginning July 1, 1996, and ending June 30, 1997, and
(2) the term ‘‘State fiscal year 1997–1998’’ means the period
beginning July 1, 1997, and ending June 30, 1998.
SEC. 520. (a) Congress finds that— Female genital
(1) the practice of female genital mutilation is carried out mutilation.
42 USC 241 note.
by members of certain cultural and religious groups within
the United States; and
(2) the practice of female genital mutilation often results
in the occurrence of physical and psychological health effects
that harm the women involved.
(b) The Secretary of Health and Human Services shall do
the following:
(1) Compile data on the number of females living in the
United States who have been subjected to female genital mutila-
tion (whether in the United States or in their countries of
origin), including a specification of the number of girls under
the age of 18 who have been subjected to such mutilation.
(2) Identify communities in the United States that practice
female genital mutilation, and design and carry out outreach
activities to educate individuals in the communities on the
physical and psychological health effects of such practice. Such
outreach activities shall be designed and implemented in
collaboration with representatives of the ethnic groups practic-
ing such mutilation and with representatives of organizations
with expertise in preventing such practice.
(3) Develop recommendations for the education of students
of schools of medicine and osteopathic medicine regarding
female genital mutilation and complications arising from such
mutilation. Such recommendations shall be disseminated to
such schools.
110 STAT. 1321–251 PUBLIC LAW 104–134—APR. 26, 1996
(c) For purposes of this section the term ‘‘female genital mutila-
tion’’ means the removal or infibulation (or both) of the whole
or part of the clitoris, the labia minor, or the labia major.
Effective date. (d) The Secretary of Health and Human Services shall com-
mence carrying out this section not later than 90 days after the
date of enactment of this Act.
TITLE VI—ADDITIONAL APPROPRIATIONS
SEC. 601. In addition to amounts otherwise provided in this
Act, the following amounts are hereby appropriated as specified
for the following appropriation accounts: Health Care Financing
Administration, ‘‘Program Management’’, $396,000,000; and Office
of the Secretary, ‘‘Office of Inspector General’’, $22,330,000, together
with not to exceed $20,670,000 to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from
the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund
SEC. 602. Appropriations and funds made available pursuant
to section 601 of this Act shall be available until enactment into
law of a subsequent appropriation for fiscal year 1996 for any
project or activity provided for in section 601.
TITLE VII—AMENDMENTS TO THE GOALS 2000:
EDUCATE AMERICA ACT
SEC. 701. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS
AND IMPROVEMENT COUNCIL AND OPPORTUNITY-TO-
LEARN STANDARDS.
The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.)
is amended—
(1) by repealing part B of title II (20 U.S.C. 5841 et seq.);
(2) by redesignating parts C and D of title II (20 U.S.C.
5861 et seq. and 5871 et seq.) as parts B and C, respectively,
of title II; and
(3) in section 241 (20 U.S.C. 5871)—
(A) in subsection (a), by striking ‘‘(a) NATIONAL EDU-
CATION GOALS PANEL.—’’; and
(B) by striking subsections (b) through (d).
SEC. 702. STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT.
(a) PANEL COMPOSITION; OPPORTUNITY-TO-LEARN STANDARDS;
AND SUBMISSION OF PLAN TO THE SECRETARY FOR APPROVAL.—
(1) STATE IMPROVEMENT PLAN.—Section 306 of the Goals
2000: Educate America Act (20 U.S.C. 5886) is amended—
(A) by amending subsection (b) to read as follows:
‘‘(b) PLAN DEVELOPMENT.—A State improvement plan under
this title shall be developed by a broad-based State panel in coopera-
tion with the State educational agency and the Governor.’’;
(B) by striking subsection (d).
(b) LOCAL PANEL COMPOSITION.—Section 309(a)(3)(A) of such
Act (20 U.S.C. 5889(a)(3)(A)) is amended—
(1) in the matter preceding clause (i), by striking ‘‘that—
’’ and inserting a semicolon; and
(2) by striking clauses (i) and (ii).
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–252
SEC. 703. TECHNICAL AND CONFORMING AMENDMENTS.
(a) GOALS 2000: EDUCATE AMERICA ACT.—
(1) The table of contents for the Goals 2000: Educate Amer-
ica Act is amended, in the items relating to title II—
(A) by striking the items relating to part B;
(B) by striking ‘‘PART C’’ and inserting ‘‘PART B’’; and
(C) by striking ‘‘PART D’’ and inserting ‘‘PART C’’.
(2) Section 2 of such Act (20 U.S.C. 5801) is amended—
(A) in paragraph (4)—
(i) in subparagraph (B), by inserting ‘‘and’’ after
the semicolon;
(ii) by striking subparagraph (C); and
(iii) by redesignating subparagraph (D) as subpara-
graph (C); and
(B) in paragraph (6)—
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraphs (D) through
(F) as subparagraphs (C) through (E), respectively.
(3) Section 3(a) of such Act (20 U.S.C. 5802) is amended—
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8) through (14) as
paragraphs (7) through (13), respectively.
(4) Section 201(3) of such Act (20 U.S.C. 5821(3)) is
amended by striking ‘‘, voluntary national student performance’’
and all that follows through ‘‘such Council’’ and inserting ‘‘and
voluntary national student performance standards’’.
(5) Section 202(j) of such Act (20 U.S.C. 5822(j)) is amended
by striking ‘‘, student performance, or opportunity-to-learn’’ and
inserting ‘‘or student performance’’.
(6) Section 203 of such Act (20 U.S.C. 5823) is amended—
(A) in subsection (a)—
(i) by striking paragraphs (2) and (3);
(ii) by redesignating paragraphs (4) through (6)
as paragraphs (2) through (4), respectively; and
(iii) by amending paragraph (2) (as redesignated
by clause (ii)) to read as follows:
‘‘(2) review voluntary national content standards and vol-
untary national student performance standards;’’; and
(B) in subsection (b)(1)—
(i) in subparagraph (A), by inserting ‘‘and’’ after
the semicolon;
(ii) in subparagraph (B), by striking ‘‘; and’’ and
inserting a period; and
(iii) by striking subparagraph (C).
(7) Section 204(a)(2) of such Act (20 U.S.C. 5824(a)(2))
is amended—
(A) by striking ‘‘voluntary national opportunity-to-learn
standards,’’; and
(B) by striking ‘‘described in section 213(f)’’.
(8) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2))
is amended—
(A) in subparagraph (A), by adding ‘‘and’’ after the
semicolon;
(B) in subparagraph (B), by striking ‘‘; and’’ and insert-
ing a period; and
(C) by striking subparagraph (C).
110 STAT. 1321–253 PUBLIC LAW 104–134—APR. 26, 1996
(9) Section 306(o) of such Act (20 U.S.C. 5886(o)) is
amended by striking ‘‘State opportunity-to-learn standards or
strategies,’’.
(10) Section 308 of such Act (20 U.S.C. 5888) is amended—
(A) in subsection (b)(2)—
(i) in the matter preceding clause (i) of subpara-
graph (A), by striking ‘‘State opportunity-to-learn
standards,’’; and
(ii) in subparagraph (A), by striking ‘‘including—
’’ and all that follows through ‘‘part B of title II;’’
and inserting ‘‘including through consortia of States;’’;
and
(B) in subsection (c), by striking ‘‘306(b)(1)’’ and insert-
ing ‘‘306(b)’’.
(11) For the purpose of expanding the use and availability
of computers and computer technology, section 309(a)(6)(A)(ii)
of such Act (20 U.S.C. 5889(a)(6)(A)(ii)) is amended by inserting
after ‘‘new public schools’’ the following ‘‘and the acquisition
of technology and use of technology-enhanced curricula and
instruction’’
(12) Section 312(b) of such Act (20 U.S.C. 5892(b)) is
amended—
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as para-
graphs (1) and (2), respectively.
(13) Section 314(a)(6)(A) of such Act (20 U.S.C.
5894(a)(6)(A)) is amended by striking ‘‘certified by the National
Education Standards and Improvement Council and’’.
(14) Section 315 of such Act (20 U.S.C. 5895) is amended—
(A) in subsection (b)—
(i) in paragraph (1)(C), by striking ‘‘, including
the requirements for timetables for opportunity-to-
learn standards,’’;
(ii) by striking paragraph (2);
(iii) by redesignating paragraphs (3) through (5)
as paragraphs (2) through (4), respectively;
(iv) in paragraph (1)(A), by striking ‘‘paragraph
(4) of this subsection’’ and inserting ‘‘paragraph (3)’’;
(v) in paragraph (2) (as redesignated by clause
(iii))—
(I) by striking subparagraph (A);
(II) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
and
(III) in subparagraph (A) (as redesignated by
subclause (II)) by striking ‘‘, voluntary natural stu-
dent performance standards, and voluntary natu-
ral opportunity-to-learn standards developed under
part B of title II of this Act’’ and inserting ‘‘and
voluntary national student performance stand-
ards’’;
(vi) in subparagraph (B) of paragraph (3) (as
redesignated by clause (iii)), by striking ‘‘paragraph
(5),’’ and inserting ‘‘paragraph (4),’’; and
(vii) in paragraph (4) (as redesignated by clause
(ii)), by striking ‘‘paragraph (4)’’ each place it appears
and inserting ‘‘paragraph (3)’’;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–254
(B) in the matter preceding subparagraph (A) of sub-
section (c)(2)—
(i) by striking ‘‘subsection (b)(4)’’ and inserting
‘‘subsection (b)(3)’’; and
(ii) by striking ‘‘and to provide a framework for
the implementation of opportunity-to-learn standards
or strategies’’; and
(C) in subsection (f), by striking ‘‘subsection (b)(4)’’
each place it appears and inserting ‘‘subsection (b)(3)’’.
(15)(A) Section 316 of such Act (20 U.S.C. 5896) is repealed.
(B) The table of contents for such Act is amended by
striking the item relating to section 316.
(16) Section 317 of such Act (20 U.S.C. 5897) is amended—
(A) in subsection (d)(4), by striking ‘‘promote the stand-
ards and strategies described in section 306(d),’’; and
(B) in subsection (e)—
(i) in paragraph (2), by inserting ‘‘and’’ after the
semicolon;
(ii) by striking paragraph (3); and
(iii) by redesignating paragraph (4) as paragraph
(3).
(17) Section 503 of such Act (20 U.S.C. 5933) is amended—
(A) in subsection (b)—
(i) in paragraph (1)—
(I) in the matter preceding subparagraph (A),
by striking ‘‘28’’ and inserting ‘‘27’’;
(II) by striking subparagraph (D); and
(III) by redesignating subparagraphs (E)
through (G) as subparagraphs (D) through (F),
respectively;
(ii) in paragraphs (2), (3), and (5), by striking
‘‘subparagraphs (E), (F), and (G)’’ each place it appears
and inserting ‘‘subparagraphs (D), (E), and (F)’’;
(iii) in paragraph (2), by striking ‘‘subparagraph
(G)’’ and inserting ‘‘subparagraph (F)’’;
(iv) in paragraph (4), by striking ‘‘(C), and (D)’’
and inserting ‘‘and (C)’’; and
(v) in the matter preceding subparagraph (A) of
paragraph (5), by striking ‘‘subparagraph (E), (F), or
(G)’’ and inserting ‘‘subparagraph (D), (E), or (F)’’; and
(B) in subsection (e)—
(i) in paragraph (1)(B), by striking ‘‘subparagraph
(E)’’ and inserting ‘‘subparagraph (D)’’; and
(ii) in paragraph (2), by striking ‘‘subparagraphs
(E), (F), and (G)’’ and inserting ‘‘subparagraphs (D),
(E), and (F)’’.
(18) Section 504 of such Act (20 U.S.C. 5934) is amended—
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection (f).
(b) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—
(1) Section 1111 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311) is amended—
(A) in subsection (b)(8)(B), by striking ‘‘(which may
include opportunity-to-learn standards or strategies devel-
oped under the Goals 2000: Educate America Act)’’;
(B) in subsection (f), by striking ‘‘opportunity-to-learn
standards or strategies,’’;
110 STAT. 1321–255 PUBLIC LAW 104–134—APR. 26, 1996
(C) by striking subsection (g); and
(D) by redesignating subsection (h) as subsection (g).
(2) Section 1116 of such Act (20 U.S.C. 6317) is amended—
(A) in subsection (c)—
(i) in paragraph (2)(A)(i), by striking all beginning
with ‘‘, which may’’ through ‘‘Act’’; and
(ii) in paragraph (5)(B)(i)—
(I) in subclause (VI), by inserting ‘‘and’’ after
the semicolon;
(II) in subclause (VII), by striking ‘‘; and’’ and
inserting a period; and
(III) by striking subclause (VIII); and
(B) in subsection (d)—
(i) in paragraph (4)(B), by striking all beginning
with ‘‘, and may’’ through ‘‘Act’’; and
(ii) in paragraph (6)(B)(i)—
(I) by striking subclause (IV); and
(II) by redesignating subclauses (V) through
(VIII) as subclauses (IV) through (VII), respec-
tively.
(3) Section 1501(a)(2)(B) of such Act (20 U.S.C.
6491(a)(2)(B)) is amended—
(A) by striking clause (v); and
(B) by redesignating clauses (vi) through (x) as clauses
(v) through (ix), respectively.
(4) Section 10101(b)(1)(A)(i) of such Act (20 U.S.C.
8001(b)(1)(A)(i)) is amended by striking ‘‘and opportunity-to-
learn standards or strategies for student learning’’.
(5) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C.
8941(b)(1)(B)(v)) is amended by striking ‘‘the National Edu-
cation Goals Panel,’’ and all that follows through ‘‘assessments)’’
and inserting ‘‘and the National Education Goals Panel’’.
(c) GENERAL EDUCATION PROVISIONS ACT.—Section 428 of the
General Education Provisions Act (20 U.S.C. 1228b), as amended
by section 237 of the Improving America’s Schools Act of 1994
(Public Law 103–382), is amended by striking ‘‘the National Edu-
cation Standards and Improvement Council,’’.
(d) EDUCATION AMENDMENTS OF 1978.—Section 1121(b) of the
Education Amendments of 1978 (25 U.S.C. 2001(b)), as amended
by section 381 of the Improving America’s Schools Act of 1994
(Public Law 103–382), is amended by striking ‘‘213(a)’’ and inserting
‘‘203(a)(2)’’.
SEC. 704. DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 304 of the Goals 2000: Educate America Act (20 U.S.C.
5884) is amended by adding at the end the following new subsection:
‘‘(e) DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (c), if a State
educational agency was not participating in the program under
this section as of October 20, 1995, and the State educational
agency approves, the Secretary shall use all or a portion of
the allotment that the State would have received under this
section for a fiscal year to award grants to local educational
agencies in the State that have approved applications under
paragraph (2) for such fiscal year.
‘‘(2) APPLICATION.—Any local educational agency that
desires to receive a grant under this subsection shall submit
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–256
an application to the Secretary that is consistent with the
provisions of this Act and shall notify the State educational
agency of such application in accordance with paragraph (1).
The Secretary may establish a deadline for the submission
of such applications.
‘‘(3) AWARD BASIS.—The Secretary may use the student
enrollment of a local educational agency or other factors as
a basis for awarding grants under this subsection.’’
SEC. 705. ALTERNATIVE TO SECRETARIAL APPROVAL OF STATE PLANS.
(a) STATE IMPROVEMENT PLANS.—Section 306(n) of the Goals
2000: Educate America Act (20 U.S.C. 5886(n)) is amended by
adding at the end the following new paragraph:
‘‘(4) ALTERNATIVE SUBMISSION.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of this title, any State educational agency that wishes
to receive an allotment under this title after the first year
such State educational agency receives such an allotment
may, in lieu of submitting its State improvement plan
for approval by the Secretary under this subsection and
section 305(c)(2), or submitting major amendments to the
Secretary under subsection (p), provide the Secretary, as
part of an application under section 305(c) or as an amend-
ment to a previously approved application—
‘‘(i) an assurance, from the Governor and the chief
State school officer of the State, that—
‘‘(I) the State has a plan that meets the
requirements of this section and that is widely
available throughout the State; and
‘‘(II) any amendments the State makes to the
plan will meet the requirements of this section;
and
‘‘(ii) the State’s benchmarks of improved student
performance and of progress in implementing the plan,
and the timelines against which the State’s progress
in carrying out the plan can be measured.
‘‘(B) ANNUAL REPORT.—Any State educational agency
that chooses to use the alternative method described in
paragraph (1) shall annually report to the public summary
information on the use of funds under this title by the
State and local educational agencies in the State, as well
as the State’s progress toward meeting the benchmarks
and timelines described in subparagraph (A)(ii).’’.
(b) STATE APPLICATIONS.—Section 305(c)(2) of such Act (20
U.S.C. 5885(c)(2)) is amended by inserting ‘‘except in the case
of a State educational agency submitting the information described
in section 306(n)(4),’’ before ‘‘include’’.
(c) SECRETARY’S REVIEW OF APPLICATIONS.—Section 307(b)(1)
of such Act (20 U.S.C. 5887(b)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ after the semi-
colon;
(2) in subparagraph (B), by striking ‘‘and’’ after the semi-
colon and inserting ‘‘or’’; and
(3) by adding at the end the following new subparagraph:
‘‘(C) the State educational agency has submitted the
information described in section 306(n)(4); and’’.
110 STAT. 1321–257 PUBLIC LAW 104–134—APR. 26, 1996
(d) PROGRESS REPORTS.—The matter preceding paragraph (1)
of section 312(a) of such Act (20 U.S.C. 5892(a)) is amended by
striking ‘‘Each’’ and inserting ‘‘Except in the case of a State edu-
cational agency submitting the information described in section
306(n)(4), each’’.
SEC. 706. LIMITATIONS.
Title III of the Goals 2000: Educate America Act (20 U.S.C.
5881 et seq.) is further amended by adding at the end the following
new section:
20 USC 5900. ‘‘SEC. 320. LIMITATIONS.
‘‘(a) PROHIBITED CONDITIONS.—Nothing in this Act shall be
construed to require a State, a local educational agency, or a school,
as a condition of receiving assistance under this title—
‘‘(1) to provide outcomes-based education; or
‘‘(2) to provide school-based health clinics or any other
health or social service.
‘‘(b) LIMITATION ON GOVERNMENT OFFICIALS.—Nothing in this
Act shall be construed to require or permit any Federal or State
official to inspect a home, judge how parents raise their children,
or remove children from their parents, as a result of the participa-
tion of a State, local educational agency, or school in any program
or activity carried out under this Act.’’.
This Act may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appro-
priations Act, 1996’’.
(e) For programs, projects or activities in the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996, provided as follows,
to be effective as if it had been enacted into law as the regular
appropriations Act:
Departments of AN ACT
Veterans Affairs
and Housing and Making appropriations for the Departments of Veterans Affairs
Urban
Development, and Housing and Urban Development, and for sundry independent
and Independent agencies, boards, commissions, corporations, and offices for the fiscal
Agencies year ending September 30, 1996, and for other purposes.
Appropriations
Act, 1996. TITLE I
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans as authorized by law (38 U.S.C. 107, chapters 11, 13,
51, 53, 55, and 61); pension benefits to or on behalf of veterans
as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61;
92 Stat. 2508); and burial benefits, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
of premiums due on commercial life insurance policies guaranteed
under the provisions of Article IV of the Soldiers’ and Sailors’
Civil Relief Act of 1940, as amended, and for other benefits as
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–258
authorized by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters
23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122,
123; 45 Stat. 735; 76 Stat. 1198); $18,331,561,000, to remain avail-
able until expended: Provided, That not to exceed $25,180,000 of
the amount appropriated shall be reimbursed to ‘‘General operating
expenses’’ and ‘‘Medical care’’ for necessary expenses in implement-
ing those provisions authorized in the Omnibus Budget Reconcili-
ation Act of 1990, and in the Veterans’ Benefits Act of 1992 (38
U.S.C. chapters 51, 53, and 55), the funding source for which
is specifically provided as the ‘‘Compensation and pensions’’ appro-
priation: Provided further, That such sums as may be earned on
an actual qualifying patient basis, shall be reimbursed to ‘‘Medical
facilities revolving fund’’ to augment the funding of individual medi-
cal facilities for nursing home care provided to pensioners as author-
ized by the Veterans’ Benefits Act of 1992 (38 U.S.C. chapter
55): Provided further, That $12,000,000 previously transferred from
‘‘Compensation and pensions’’ to ‘‘Medical facilities revolving fund’’
shall be transferred to this heading.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C. chapters
21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $1,345,300,000,
to remain available until expended: Provided, That funds shall
be available to pay any court order, court award or any compromise
settlement arising from litigation involving the vocational training
program authorized by section 18 of Public Law 98–77, as amended.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life insur-
ance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by law (38
U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487), $24,890,000, to
remain available until expended.
GUARANTY AND INDEMNITY PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the purpose of the program, as
authorized by 38 U.S.C. chapter 37, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974,
as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $65,226,000, which may be trans-
ferred to and merged with the appropriation for ‘‘General operating
expenses’’.
LOAN GUARANTY PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the purpose of the program, as
authorized by 38 U.S.C. chapter 37, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be
110 STAT. 1321–259 PUBLIC LAW 104–134—APR. 26, 1996
as defined in section 502 of the Congressional Budget Act of 1974,
as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $52,138,000, which may be trans-
ferred to and merged with the appropriation for ‘‘General operating
expenses’’.
DIRECT LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, such sums as may be necessary
to carry out the purpose of the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended: Provided
further, That during 1996, within the resources available, not to
exceed $300,000 in gross obligations for direct loans are authorized
for specially adapted housing loans (38 U.S.C. chapter 37).
In addition, for administrative expenses to carry out the direct
loan program, $459,000, which may be transferred to and merged
with the appropriation for ‘‘General operating expenses’’.
EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided fur-
ther, That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed $4,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $195,000, which may be transferred
to and merged with the appropriation for ‘‘General operating
expenses’’.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $54,000, as authorized by 38
U.S.C. chapter 31, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed $1,964,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $377,000, which may be transferred
to and merged with the appropriation for ‘‘General operating
expenses’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the direct loan pro-
gram authorized by 38 U.S.C. chapter 37, subchapter V, as
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–260
amended, $205,000, which may be transferred to and merged with
the appropriation for ‘‘General operating expenses’’.
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment
to beneficiaries of the Department of Veterans Affairs, including
care and treatment in facilities not under the jurisdiction of the
Department of Veterans Affairs, and furnishing recreational facili-
ties, supplies, and equipment; funeral, burial, and other expenses
incidental thereto for beneficiaries receiving care in Department
of Veterans Affairs facilities; administrative expenses in support
of planning, design, project management, real property acquisition
and disposition, construction and renovation of any facility under
the jurisdiction or for the use of the Department of Veterans Affairs;
oversight, engineering and architectural activities not charged to
project cost; repairing, altering, improving or providing facilities
in the several hospitals and homes under the jurisdiction of the
Department of Veterans Affairs, not otherwise provided for, either
by contract or by the hire of temporary employees and purchase
of materials; uniforms or allowances therefor, as authorized by
law (5 U.S.C. 5901–5902); aid to State homes as authorized by
law (38 U.S.C. 1741); and not to exceed $8,000,000 to fund cost
comparison studies as referred to in 38 U.S.C. 8110(a)(5);
$16,564,000,000, plus reimbursements: Provided, That of the funds
made available under this heading, $789,000,000 is for the equip-
ment and land and structures object classifications only, which
amount shall not become available for obligation until August 1,
1996, and shall remain available for obligation until September
30, 1997.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by law
(38 U.S.C. chapter 73), to remain available until September 30,
1997, $257,000,000, plus reimbursements.
MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING
EXPENSES
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of planning, design, project management, architectural,
engineering, real property acquisition and disposition, construction
and renovation of any facility under the jurisdiction or for the
use of the Department of Veterans Affairs, including site acquisi-
tion; engineering and architectural activities not charged to project
cost; and research and development in building construction tech-
nology; $63,602,000, plus reimbursements.
110 STAT. 1321–261 PUBLIC LAW 104–134—APR. 26, 1996
TRANSITIONAL HOUSING LOAN PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $7,000, as authorized by Public
Law 102–54, section 8, which shall be transferred from the ‘‘General
post fund’’: Provided, That such costs, including the cost of modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $70,000. In addition,
for administrative expenses to carry out the direct loan program,
$54,000, which shall be transferred from the ‘‘General post fund’’,
as authorized by Public Law 102–54, section 8.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of Veter-
ans Affairs, not otherwise provided for, including uniforms or allow-
ances therefor, as authorized by law; not to exceed $25,000 for
official reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the Department
of Defense for the cost of overseas employee mail; $848,143,000:
Provided, That of the amount appropriated and any other funds
made available from any other source for activities funded under
this heading, except reimbursements, not to exceed $214,109,000
shall be available for General Administration; including not to
exceed (1) $3,206,000 for personnel compensation and benefits and
$50,000 for travel in the Office of the Secretary, (2) $75,000 for
travel in the Office of the Assistant Secretary for Policy and Plan-
ning, (3) $33,000 for travel in the Office of the Assistant Secretary
for Congressional Affairs, and (4) $100,000 for travel in the Office
of Assistant Secretary for Public and Intergovernmental Affairs:
Provided further, That during fiscal year 1996, notwithstanding
any other provision of law, the number of individuals employed
by the Department of Veterans Affairs (1) in other than ‘‘career
appointee’’ positions in the Senior Executive Service shall not exceed
6, and (2) in schedule C positions shall not exceed 11: Provided
further, That not to exceed $6,000,000 of the amount appropriated
shall be available for administrative expenses to carry out the
direct and guaranteed loan programs under the Loan Guaranty
Program Account: Provided further, That funds under this heading
shall be available to administer the Service Members Occupational
Conversion and Training Act: Provided further, That none of the
funds under this heading may be obligated or expended for the
acquisition of automated data processing equipment and services
for Department of Veterans Affairs regional offices to support Stage
III of the automated data equipment modernization program of
the Veterans Benefits Administration.
NATIONAL CEMETERY SYSTEM
For necessary expenses for the maintenance and operation of
the National Cemetery System not otherwise provided for, including
uniforms or allowances therefor, as authorized by law; cemeterial
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–262
expenses as authorized by law; purchase of three passenger motor
vehicles, for use in cemeterial operations; and hire of passenger
motor vehicles, $72,604,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $30,900,000.
CONSTRUCTION, MAJOR PROJECTS
(INCLUDING TRANSFER OF FUNDS)
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department
of Veterans Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, including planning, architectural
and engineering services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, where the estimated
cost of a project is $3,000,000 or more or where funds for a project
were made available in a previous major project appropriation,
$136,155,000, to remain available until expended: Provided, That
except for advance planning of projects funded through the advance
planning fund and the design of projects funded through the design
fund, none of these funds shall be used for any project which
has not been considered and approved by the Congress in the
budgetary process: Provided further, That funds provided in this
appropriation for fiscal year 1996, for each approved project shall
be obligated (1) by the awarding of a construction documents con-
tract by September 30, 1996, and (2) by the awarding of a construc-
tion contract by September 30, 1997: Provided further, That the Reports.
Secretary shall promptly report in writing to the Comptroller Gen-
eral and to the Committees on Appropriations any approved major
construction project in which obligations are not incurred within
the time limitations established above; and the Comptroller General
shall review the report in accordance with the procedures estab-
lished by section 1015 of the Impoundment Control Act of 1974
(title X of Public Law 93–344): Provided further, That no funds
from any other account except the ‘‘Parking revolving fund’’, may
be obligated for constructing, altering, extending, or improving a
project which was approved in the budget process and funded
in this account until one year after substantial completion and
beneficial occupancy by the Department of Veterans Affairs of the
project or any part thereof with respect to that part only: Provided
further, That of the funds made available under this heading in
Public Law 103–327, $7,000,000 shall be transferred to the ‘‘Parking
revolving fund’’.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities under the jurisdiction or for the use of the Department
of Veterans Affairs, including planning, architectural and engineer-
ing services, maintenance or guarantee period services costs associ-
ated with equipment guarantees provided under the project, services
110 STAT. 1321–263 PUBLIC LAW 104–134—APR. 26, 1996
of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,
8110, and 8122 of title 38, United States Code, where the estimated
cost of a project is less than $3,000,000, $190,000,000, to remain
available until expended, along with unobligated balances of pre-
vious ‘‘Construction, minor projects’’ appropriations which are
hereby made available for any project where the estimated cost
is less than $3,000,000: Provided, That funds in this account shall
be available for (1) repairs to any of the nonmedical facilities
under the jurisdiction or for the use of the Department of Veterans
Affairs which are necessary because of loss or damage caused by
any natural disaster or catastrophe, and (2) temporary measures
necessary to prevent or to minimize further loss by such causes.
PARKING REVOLVING FUND
For the parking revolving fund as authorized by law (38 U.S.C.
8109), income from fees collected, to remain available until
expended. Resources of this fund shall be available for all expenses
authorized by 38 U.S.C. 8109 except operations and maintenance
costs which will be funded from ‘‘Medical care’’.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist the several States to acquire or construct
State nursing home and domiciliary facilities and to remodel, modify
or alter existing hospital, nursing home and domiciliary facilities
in State homes, for furnishing care to veterans as authorized by
law (38 U.S.C. 8131–8137), $47,397,000, to remain available until
expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to aid States in establishing, expanding, or improv-
ing State veteran cemeteries as authorized by law (38 U.S.C. 2408),
$1,000,000, to remain available until September 30, 1998.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for 1996 for ‘‘Compensation and
pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and
indemnities’’ may be transferred to any other of the mentioned
appropriations.
SEC. 102. Appropriations available to the Department of Veter-
ans Affairs for 1996 for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 103. No part of the appropriations in this Act for the
Department of Veterans Affairs (except the appropriations for
‘‘Construction, major projects’’, ‘‘Construction, minor projects’’, and
the ‘‘Parking revolving fund’’) shall be available for the purchase
of any site for or toward the construction of any new hospital
or home.
SEC. 104. No part of the foregoing appropriations shall be
available for hospitalization or examination of any persons except
beneficiaries entitled under the laws bestowing such benefits to
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–264
veterans, unless reimbursement of cost is made to the appropriation
at such rates as may be fixed by the Secretary of Veterans Affairs.
SEC. 105. Appropriations available to the Department of Veter-
ans Affairs for fiscal year 1996 for ‘‘Compensation and pensions’’,
‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior
year accounts within the last quarter of fiscal year 1995.
SEC. 106. Appropriations accounts available to the Department
of Veterans Affairs for fiscal year 1996 shall be available to pay
prior year obligations of corresponding prior year appropriations
accounts resulting from title X of the Competitive Equality Banking
Act, Public Law 100–86, except that if such obligations are from
trust fund accounts they shall be payable from ‘‘Compensation
and pensions’’.
SEC. 107. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs is authorized to transfer, without
compensation or reimbursement, the jurisdiction and control of
a parcel of land consisting of approximately 6.3 acres, located on
the south edge of the Department of Veterans Affairs Medical
and Regional Office Center, Wichita, Kansas, including buildings
Nos. 8 and 30 and other improvements thereon, to the Secretary
of Transportation for the purpose of expanding and modernizing
United States Highway 54: Provided, That if necessary, the exact
acreage and legal description of the real property transferred shall
be determined by a survey satisfactory to the Secretary of Veterans
Affairs and the Secretary of Transportation shall bear the cost
of such survey: Provided further, That the Secretary of Transpor-
tation shall be responsible for all costs associated with the trans-
ferred land and improvements thereon, and compliance with all
existing statutes and regulations: Provided further, That the Sec-
retary of Veterans Affairs and the Secretary of Transportation
may require such additional terms and conditions as each Secretary
considers appropriate to effectuate this transfer of land.
SEC. 108. CONSTRUCTION AUTHORIZATION—Authorization of
major medical facility projects and major medical facility leases
for the Department of Veterans Affairs for fiscal year 1996.
(a) AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS—
The Secretary of Veterans Affairs may carry out the following
major medical facility projects, with each project to be carried
out in the amount authorized for that project:
(1) Construction of an outpatient clinic in Brevard County,
Florida, in the amount of $25,000,000.
(2) Construction of an outpatient clinic at Travis Air Force
Base in Fairfield, California, in the amount of $25,000,000.
(3) Construction of an ambulatory care addition at the
Department of Veterans Affairs medical center in Boston,
Massachusetts in the amount of $28,000,000.
(4) Construction of a medical research addition at the
Department of Veterans Affairs medical center in Portland,
Oregon, an additional authorization in the amount of
$16,000,000, for a total amount of $32,100,000.
(b) AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES—The
Secretary of Veterans Affairs may enter into leases for medical
facilities as follows:
(1) Lease of a satellite outpatient clinic in Fort Myers,
Florida, in the amount of $1,736,000.
110 STAT. 1321–265 PUBLIC LAW 104–134—APR. 26, 1996
(2) Lease of a National Footwear Center in New York,
New York, in the amount of $1,054,000.
(c) AUTHORIZATION OF APPROPRIATIONS—There are authorized
to be appropriated to the Secretary of Veterans Affairs for fiscal
year 1996—
(1) $94,000,000 for the major medical facility projects
authorized in subsection (a); and
(2) $2,790,000 for the major medical facility leases author-
ized in subsection (b).
(d) LIMITATION—The projects authorized in subsection (a) may
only be carried out using—
(1) funds appropriated for fiscal year 1996 and subsequent
fiscal years pursuant to the authorization of appropriations
in subsection (c).
(2) funds appropriated for Construction, Major Projects for
a fiscal year before fiscal year 1996 that remain available
for obligation; and
(3) funds appropriated for Construction, Major Projects for
fiscal year 1996 for a category of activity not specific to a
project.
(e) LIMITATION CONCERNING OUTPATIENT CLINIC PROJECTS—
In the case of either of the projects for a new outpatient clinic
authorized in paragraphs (1) and (2) of subsection (a)—
Certification. (1) the Secretary of Veterans Affairs may not obligate any
funds for that project until the Secretary determines, and cer-
tifies to the Committees on Veterans’ Affairs of the Senate
and House of Representatives, the amount required for the
project; and
(2) the amount obligated for the project may not exceed
the amount certified under paragraph (1) with respect to that
project.
Federal buildings SEC. 109. (a) DESIGNATION.—The Walla Walla Veterans Medical
and facilities. Center located at 77 Wainwright Drive, Walla Walla, Washington,
Washington. shall be known and designated as the ‘‘Jonathan M. Wainwright
Memorial VA Medical Center’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Walla
Walla Veterans Medical Center referred to in subsection (a) shall
be deemed to be a reference to the ‘‘Jonathan M. Wainwright
Memorial VA Medical Center’’.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
For assistance under the United States Housing Act of 1937,
as amended (‘‘the Act’’ herein) (42 U.S.C. 1437), not otherwise
provided for, $9,818,795,000 to remain available until expended:
Provided, That of the total amount provided under this head,
$160,000,000 shall be for the development or acquisition cost of
public housing for Indian families, including amounts for housing
under the mutual help homeownership opportunity program under
section 202 of the Act (42 U.S.C. 1437bb): Provided further, That
of the total amount provided under this head, $2,500,000,000 shall
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–266
be for modernization of existing public housing projects pursuant
to section 14 of the Act (42 U.S.C. 1437l), including up to
$20,000,000 for the inspection of public housing units, contract
expertise, and training and technical assistance, directly or
indirectly, under grants, contracts, or cooperative agreements, to
assist in the oversight and management of public and Indian hous-
ing (whether or not the housing is being modernized with assistance
under this proviso) or tenant-based assistance, including, but not
limited to, an annual resident survey, data collection and analysis,
training and technical assistance by or to officials and employees
of the Department and of public housing agencies and to residents
in connection with the public and Indian housing program, or
for carrying out activities under section 6(j) of the Act: Provided
further, That of the total amount provided under this head,
$400,000,000 shall be for rental subsidy contracts under the section
8 existing housing certificate program and the housing voucher
program under section 8 of the Act, except that such amounts
shall be used only for units necessary to provide housing assistance
for residents to be relocated from existing federally subsidized or
assisted housing, for replacement housing for units demolished
or disposed of (including units to be disposed of pursuant to a
homeownership program under section 5(h) or title III of the United
States Housing Act of 1937) from the public housing inventory,
for funds related to litigation settlements, for the conversion of
section 23 projects to assistance under section 8, for public housing
agencies to implement allocation plans approved by the Secretary
for designated housing, for funds to carry out the family unification
program, and for the relocation of witnesses in connection with
efforts to combat crime in public and assisted housing pursuant
to a request from a law enforcement or prosecution agency: Provided
further, That of the total amount provided under this head,
$4,007,862,000 shall be for assistance under the United States
Housing Act of 1937 (42 U.S.C. 1437) for use in connection with
expiring or terminating section 8 subsidy contracts, such amounts
shall be merged with all remaining obligated and unobligated bal-
ances heretofore appropriated under the heading ‘‘Renewal of expir-
ing section 8 subsidy contracts’’: Provided further, That notwith-
standing any other provision of law, assistance reserved under
the two preceding provisos may be used in connection with any
provision of Federal law enacted in this Act or after the enactment
of this Act that authorizes the use of rental assistance amounts
in connection with such terminated or expired contracts: Provided
further, That the Secretary may determine not to apply section
8(o)(6)(B) of the Act to housing vouchers during fiscal year 1996:
Provided further, That of the total amount provided under this
head, $610,575,000 shall be for amendments to section 8 contracts
other than contracts for projects developed under section 202 of
the Housing Act of 1959, as amended; and $192,000,000 shall
be for section 8 assistance and rehabilitation grants for property
disposition: Provided further, That 50 per centum of the amounts
of budget authority, or in lieu thereof 50 per centum of the cash
amounts associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B. McKin-
ney Homeless Assistance Amendments Act of 1988 (Public Law
100–628, 102 Stat. 3224, 3268) shall be rescinded, or in the case
of cash, shall be remitted to the Treasury, and such amounts
of budget authority or cash recaptured and not rescinded or remitted
110 STAT. 1321–267 PUBLIC LAW 104–134—APR. 26, 1996
to the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in accordance
with such section: Provided further, That of the total amount pro-
vided under this head, $171,000,000 shall be for housing opportuni-
ties for persons with AIDS under title VIII, subtitle D of the
Cranston-Gonzalez National Affordable Housing Act; and
$65,000,000 shall be for the lead-based paint hazard reduction
program as authorized under sections 1011 and 1053 of the Residen-
tial Lead-Based Hazard Reduction Act of 1992: Provided further,
That the Secretary may make up to $5,000,000 of any amount
recaptured in this account available for the development of perform-
ance and financial systems.
12 USC 4101 Of the total amount provided under this head, $624,000,000,
note. plus amounts recaptured from interest reduction payment contracts
for section 236 projects whose owners prepay their mortgages during
fiscal year 1996 (which amounts shall be transferred and merged
with this account), shall be for use in conjunction with properties
that are eligible for assistance under the Low Income Housing
Preservation and Resident Homeownership Act of 1990 (LIHPRHA)
or the Emergency Low-Income Housing Preservation Act of 1987
(ELIHPA): Provided, That prior to August 15, 1996, funding to
carry out plans of action shall be limited to sales of projects to
non-profit organizations, tenant-sponsored organizations, and other
priority purchasers: Provided further, That of the amount made
available by this paragraph, up to $10,000,000 shall be available
for preservation technical assistance grants pursuant to section
253 of the Housing and Community Development Act of 1987,
as amended: Provided further, That with respect to amounts made
available by this paragraph, after August 15, 1996, if the Secretary
determines that the demand for funding may exceed amounts avail-
able for such funding, the Secretary (1) may determine priorities
for distributing available funds, including giving priority funding
to tenants displaced due to mortgage prepayment and to projects
that have not yet been funded but which have approved plans
of action; and (2) may impose a temporary moratorium on applica-
tions by potential recipients of such funding: Provided further,
That an owner of eligible low-income housing may prepay the
mortgage or request voluntary termination of a mortgage insurance
contract, so long as said owner agrees not to raise rents for sixty
days after such prepayment: Provided further, That an owner of
eligible low-income housing who has not timely filed a second notice
under section 216(d) prior to the effective date of this Act may
file such notice by April 15, 1996: Provided further, That such
developments have been determined to have preservation equity
at least equal to the lesser of $5,000 per unit or $500,000 per
project or the equivalent of eight times the most recently published
fair market rent for the area in which the project is located as
the appropriate unit size for all of the units in the eligible project:
Provided further, That the Secretary may modify the regulatory
agreement to permit owners and priority purchasers to retain rental
income in excess of the basic rental charge in projects assisted
under section 236 of the National Housing Act, for the purpose
of preserving the low and moderate income character of the housing:
Provided further, That the Secretary may give priority to funding
and processing the following projects provided that the funding
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–268
is obligated not later than September 15, 1996: (1) projects with
approved plans of action to retain the housing that file a modified
plan of action no later than August 15, 1996 to transfer the housing;
(2) projects with approved plans of action that are subject to a
repayment or settlement agreement that was executed between
the owner and the Secretary prior to September 1, 1995; (3) projects
for which submissions were delayed as a result of their location
in areas that were designated as a Federal disaster area in a
Presidential Disaster Declaration; and (4) projects whose processing
was, in fact, or in practical effect, suspended, deferred, or inter-
rupted for a period of nine months or more because of differing
interpretations, by the Secretary and an owner concerning the
time of the ability of an uninsured section 236 property to prepay
or by the Secretary and a State or local rent regulatory agency,
concerning the effect of a presumptively applicable State or local
rent control law or regulation on the determination of preservation
value under section 213 of LIHPRHA, as amended, if the owner
of such project filed notice of intent to extend the low-income
affordability restrictions of the housing, or transfer to a qualified
purchaser who would extend such restrictions, on or before Novem-
ber 1, 1993: Provided further, That eligible low-income housing
shall include properties meeting the requirements of this paragraph
with mortgages that are held by a State agency as a result of
a sale by the Secretary without insurance, which immediately before
the sale would have been eligible low-income housing under
LIHPRHA: Provided further, That notwithstanding any other provi-
sion of law, subject to the availability of appropriated funds, each
unassisted low-income family residing in the housing on the date
of prepayment or voluntary termination, and whose rent, as a
result of a rent increase occurring no later than one year after
the date of the prepayment, exceeds 30 percent of adjusted income,
shall be offered tenant-based assistance in accordance with section
8 or any successor program, under which the family shall pay
no less for rent than it paid on such date: Provided further, That
any family receiving tenant-based assistance under the preceding
proviso may elect (1) to remain in the unit of the housing and
if the rent exceeds the fair market rent or payment standard,
as applicable, the rent shall be deemed to be the applicable stand-
ard, so long as the administering public housing agency finds that
the rent is reasonable in comparison with rents charged for com-
parable unassisted housing units in the market or (2) to move
from the housing and the rent will be subject to the fair market
rent of the payment standard, as applicable, under existing program
rules and procedures: Provided further, That rents and rent
increases for tenants of projects for which plans of action are
funded under section 220(d)(3)(B) of LIHPRHA shall be governed
in accordance with the requirements of the program under which
the first mortgage is insured or made (sections 236 or 221(d)(3)
BMIR, as appropriate): Provided further, That the immediately
foregoing proviso shall apply hereafter to projects for which plans
of action are to be funded under such section 220(d)(3)(B), and
shall apply to any project that has been funded under such section
starting one year after the date that such project was funded:
Provided further, That up to $10,000,000 of the amount made
available by this paragraph may be used at the discretion of the
Secretary to reimburse owners of eligible properties for which plans
of action were submitted prior to the effective date of this Act,
110 STAT. 1321–269 PUBLIC LAW 104–134—APR. 26, 1996
but were not executed for lack of available funds, with such
reimbursement available only for documented costs directly
applicable to the preparation of the plan of action as determined
by the Secretary, and shall be made available on terms and condi-
Effective date. tions to be established by the Secretary: Provided further, That,
notwithstanding any other provision of law, effective October 1,
1996, the Secretary shall suspend further processing of preservation
applications which do not have approved plans of action.
Of the total amount provided under this head, $780,190,000
shall be for capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized by
section 202 of the Housing Act of 1959, as amended, and for project
rental assistance, and amendments to contracts for project rental
assistance, for supportive housing for the elderly under section
202(c)(2) of the Housing Act of 1959; and $233,168,000 shall be
for capital advances, including amendments to capital advance con-
tracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Afford-
able Housing Act; and for project rental assistance, and amend-
ments to contracts for project rental assistance, for supportive
housing for persons with disabilities as authorized by section 811
of the Cranston-Gonzalez National Affordable Housing Act: Pro-
vided, That the Secretary may designate up to 25 percent of the
amounts earmarked under this paragraph for section 811 of the
Cranston-Gonzalez National Affordable Housing Act for tenant-
based assistance, as authorized under that section, which assistance
is five-years in duration: Provided further, That the Secretary may
waive any provision of section 202 of the Housing Act of 1959
and section 811 of the National Affordable Housing Act (including
the provisions governing the terms and conditions of project rental
assistance) that the Secretary determines is not necessary to achieve
the objectives of these programs, or that otherwise impedes the
ability to develop, operate or administer projects assisted under
these programs, and may make provision for alternative conditions
or terms where appropriate.
Of the total amount provided under this heading, and in addi-
tion to funds otherwise earmarked in the previous paragraph, for
section 202 of the Housing Act of 1959 and section 811 of the
Cranston-Gonzalez National Affordable Housing Act, $75,000,000:
Provided, That $50,000,000 of such sum shall be available for
purposes authorized by section 202 of the Housing Act of 1959,
and $25,000,000 shall be available for purposes authorized by sec-
tion 811 of the Cranston-Gonzalez National Affordable Housing
Act: Provided further, That such additional sums shall be available
only to provide for rental subsidy terms of a longer duration than
would otherwise be permitted by this Act.
PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION, AND
REPLACEMENT HOUSING GRANTS
For grants to public housing agencies for the purposes of
enabling the demolition of obsolete public housing projects or por-
tions thereof, the revitalization (where appropriate) of sites (includ-
ing remaining public housing units) on which such projects are
located, replacement housing which will avoid or lessen concentra-
tions of very low-income families, and tenant-based assistance in
accordance with section 8 of the United States Housing Act of
1937 for the purpose of providing replacement housing and assisting
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–270
tenants to be displaced by the demolition, $480,000,000, to remain
available until expended: Provided, That the Secretary of Housing
and Urban Development shall award such funds to public housing
agencies based upon, among other relevant criteria, the local and
national impact of the proposed demolition and revitalization activi-
ties and the extent to which the public housing agency could under-
take such activities without the additional assistance to be provided
hereunder: Provided further, That eligible expenditures hereunder
shall be those expenditures eligible under section 8 and section
14 of the United States Housing Act of 1937 (42 U.S.C. 1437f
and l): Provided further, That the Secretary may impose such condi-
tions and requirements as the Secretary deems appropriate to effec-
tuate the purposes of this paragraph: Provided further, That the
Secretary may require an agency selected to receive funding to
make arrangements satisfactory to the Secretary for use of an
entity other than the agency to carry out this program where
the Secretary determines that such action will help to effectuate
the purpose of this paragraph: Provided further, That in the event
an agency selected to receive funding does not proceed expeditiously
as determined by the Secretary, the Secretary shall withdraw any
funding made available pursuant to this paragraph that has not
been obligated by the agency and distribute such funds to one
or more other eligible agencies, or to other entities capable of
proceeding expeditiously in the same locality with the original pro-
gram: Provided further, That of the foregoing $480,000,000, the
Secretary may use up to .67 per centum for technical assistance,
to be provided directly or indirectly by grants, contracts or coopera-
tive agreements, including training and cost of necessary travel
for participants in such training, by or to officials and employees
of the Department and of public housing agencies and to residents:
Provided further, That any replacement housing provided with
assistance under this head shall be subject to section 18(f) of the
United States Housing Act of 1937, as amended by section 201(b)(2)
of this Act.
FLEXIBLE SUBSIDY FUND
(INCLUDING TRANSFER OF FUNDS)
From the fund established by section 236(g) of the National
Housing Act, as amended, all uncommitted balances of excess rental
charges as of September 30, 1995, and any collections during fiscal
year 1996 shall be transferred, as authorized under such section,
to the fund authorized under section 201(j) of the Housing and
Community Development Amendments of 1978, as amended.
RENTAL HOUSING ASSISTANCE
(RESCISSION)
The limitation otherwise applicable to the maximum payments
that may be required in any fiscal year by all contracts entered
into under section 236 of the National Housing Act (12 U.S.C.
1715z–1) is reduced in fiscal year 1996 by not more than $2,000,000
in uncommitted balances of authorizations provided for this purpose
in appropriations Acts: Provided, That up to $163,000,000 of recap-
tured section 236 budget authority resulting from the prepayment
of mortgages subsidized under section 236 of the National Housing
Act (12 U.S.C. 1715z–1) shall be rescinded in fiscal year 1996.
110 STAT. 1321–271 PUBLIC LAW 104–134—APR. 26, 1996
PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING PROJECTS
For payments to public housing agencies and Indian housing
authorities for operating subsidies for low-income housing projects
as authorized by section 9 of the United States Housing Act of
1937, as amended (42 U.S.C. 1437g), $2,800,000,000.
DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING
For grants to public and Indian housing agencies for use in
eliminating crime in public housing projects authorized by 42 U.S.C.
11901–11908, for grants for federally assisted low-income housing
authorized by 42 U.S.C. 11909, and for drug information clearing-
house services authorized by 42 U.S.C. 11921–11925, $290,000,000,
to remain available until expended, of which $10,000,000 shall
be for grants, technical assistance, contracts and other assistance
training, program assessment, and execution for or on behalf of
public housing agencies and resident organizations (including the
cost of necessary travel for participants in such training) and of
which $2,500,000 shall be used in connection with efforts to combat
violent crime in public and assisted housing under the Operation
Safe Home program administered by the Inspector General of the
Department of Housing and Urban Development: Provided, That
the term ‘‘drug-related crime’’, as defined in 42 U.S.C. 11905(2),
shall also include other types of crime as determined by the Sec-
retary: Provided further, That notwithstanding section 5130(c) of
the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11909(c)), the Secretary
may determine not to use any such funds to provide public housing
youth sports grants.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable Housing
Act (Public Law 101–625), as amended, $1,400,000,000, to remain
available until expended.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
For the cost of guaranteed loans, $3,000,000, as authorized
by section 184 of the Housing and Community Development Act
of 1992 (106 Stat. 3739): Provided, That such costs, including the
costs of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total loan prin-
cipal, any part of which is to be guaranteed, not to exceed
$36,900,000.
HOMELESS ASSISTANCE
HOMELESS ASSISTANCE GRANTS
For the emergency shelter grants program (as authorized under
subtitle B of title IV of the Stewart B. McKinney Homeless Assist-
ance Act (Public Law 100–77), as amended); the supportive housing
program (as authorized under subtitle C of title IV of such Act);
the section 8 moderate rehabilitation single room occupancy pro-
gram (as authorized under the United States Housing Act of 1937,
as amended) to assist homeless individuals pursuant to section
441 of the Stewart B. McKinney Homeless Assistance Act; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–272
the shelter plus care program (as authorized under subtitle F of
title IV of such Act), $823,000,000, to remain available until
expended.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT GRANTS
(INCLUDING TRANSFER OF FUNDS)
For grants to States and units of general local government
and for related expenses, not otherwise provided for, necessary
for carrying out a community development grants program as
authorized by title I of the Housing and Community Development
Act of 1974, as amended (42 U.S.C. 5301), $4,600,000,000, to remain
available until September 30, 1998: Provided, That $50,000,000
shall be available for grants to Indian tribes pursuant to section
106(a)(1) of the Housing and Community Development Act of 1974,
as amended (42 U.S.C. 5301), $2,000,000 shall be available as
a grant to the Housing Assistance Council, $1,000,000 shall be
available as a grant to the National American Indian Housing
Council, and $27,000,000 shall be available for ‘‘special purpose
grants’’ pursuant to section 107 of such Act: Provided further,
That not to exceed 20 per centum of any grant made with funds
appropriated herein (other than a grant made available under the
preceding proviso to the Housing Assistance Council or the National
American Indian Housing Council, or a grant using funds under
section 107(b)(3) of the Housing and Community Development Act
of 1974) shall be expended for ‘‘Planning and Management Develop-
ment’’ and ‘‘Administration’’ as defined in regulations promulgated
by the Department of Housing and Urban Development: Provided
further, That section 105(a)(25) of such Act, as added by section 42 USC 5305
907(b)(1) of the Cranston-Gonzalez National Affordable Housing note.
Act, shall continue to be effective after September 30, 1995, notwith-
standing section 907(b)(2) of such Act: Provided further, That section
916 of the Cranston-Gonzalez National Affordable Housing Act shall Applicability.
apply with respect to fiscal year 1996, notwithstanding section 42 USC 5306
916(f) of that Act. note.
Of the amount provided under this heading, the Secretary
of Housing and Urban Development may use up to $53,000,000
for grants to public housing agencies (including Indian housing
authorities), nonprofit corporations, and other appropriate entities
for a supportive services program to assist residents of public and
assisted housing, former residents of such housing receiving tenant-
based assistance under section 8 of such Act (42 U.S.C. 1437f),
and other low-income families and individuals to become self-suffi-
cient: Provided, That the program shall provide supportive services,
principally for the benefit of public housing residents, to the elderly
and the disabled, and to families with children where the head
of the household would benefit from the receipt of supportive serv-
ices and is working, seeking work, or is preparing for work by
participating in job training or educational programs: Provided
further, That the supportive services shall include congregate serv-
ices for the elderly and disabled, service coordinators, and coordi-
nated educational, training, and other supportive services, including
academic skills training, job search assistance, assistance related
to retaining employment, vocational and entrepreneurship develop-
ment and support programs, transportation, and child care: Pro-
vided further, That the Secretary shall require applicants to dem-
110 STAT. 1321–273 PUBLIC LAW 104–134—APR. 26, 1996
onstrate firm commitments of funding or services from other
sources: Provided further, That the Secretary shall select public
and Indian housing agencies to receive assistance under this head
on a competitive basis, taking into account the quality of the pro-
posed program (including any innovative approaches), the extent
of the proposed coordination of supportive services, the extent of
commitments of funding or services from other sources, the extent
to which the proposed program includes reasonably achievable,
quantifiable goals for measuring performance under the program
over a three-year period, the extent of success an agency has had
in carrying out other comparable initiatives, and other appropriate
criteria established by the Secretary.
Of the amount made available under this heading, notwith-
standing any other provision of law, $12,000,000 shall be available
for contracts, grants, and other assistance, other than loans, not
otherwise provided for, for providing counseling and advice to ten-
ants and homeowners both current and prospective, with respect
to property maintenance, financial management, and such other
matters as may be appropriate to assist them in improving their
housing conditions and meeting the responsibilities of tenancy or
homeownership, including provisions for training and for support
of voluntary agencies and services as authorized by section 106
of the Housing and Urban Development Act of 1968, as amended,
notwithstanding section 106(c)(9) and section 106(d)(13) of such
Act.
Of the amount made available under this heading, notwith-
standing any other provision of law, $15,000,000 shall be available
for the tenant opportunity program.
Of the amount made available under this heading, notwith-
standing any other provision of law, $20,000,000 shall be available
for youthbuild program activities authorized by subtitle D of title
IV of the Cranston-Gonzalez National Affordable Housing Act, as
amended, and such activities shall be an eligible activity with
respect to any funds made available under this heading.
Of the amount made available under this heading, notwith-
standing any other provision of law, $50,000,000 shall be available
for Economic Development Initiative grants as authorized by section
232 of the Multifamily Housing Property Disposition Reform Act
of 1994, Public Law 103–233, on a competitive basis as required
by section 102 of the HUD Reform Act.
For the cost of guaranteed loans, $31,750,000, as authorized
by section 108 of the Housing and Community Development Act
of 1974: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $1,500,000,000: Provided
further, That the Secretary of Housing and Urban Development
may make guarantees not to exceed the immediately foregoing
amount notwithstanding the aggregate limitation on guarantees
set forth in section 108(k) of the Housing and Community Develop-
ment Act of 1974. In addition, for administrative expenses to carry
out the guaranteed loan program, $675,000 which shall be trans-
ferred to and merged with the appropriation for departmental sala-
ries and expenses.
The amount made available for fiscal year 1995 for a special
purpose grant for the renovation of the central terminal in Buffalo,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–274
New York, shall be made available for the central terminal and
for other public facilities in Buffalo, New York.
POLICY DEVELOPMENT AND RESEARCH
RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–
1 et seq.), including carrying out the functions of the Secretary
under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,
$34,000,000, to remain available until September 30, 1997.
FAIR HOUSING AND EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise pro-
vided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988,
and for contracts with qualified fair housing enforcement organiza-
tions, as authorized by section 561 of the Housing and Community
Development Act of 1987, as amended by the Housing and Commu-
nity Development Act of 1992, $30,000,000, to remain available
until September 30, 1997.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary administrative and nonadministrative expenses
of the Department of Housing and Urban Development, not other-
wise provided for, including not to exceed $7,000 for official recep-
tion and representation expenses, $962,558,000, of which
$532,782,000 shall be provided from the various funds of the Federal
Housing Administration, and $9,101,000 shall be provided from
funds of the Government National Mortgage Association, and
$675,000 shall be provided from the Community Development
Grants Program account.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $47,850,000, of which $11,283,000 shall be transferred
from the various funds of the Federal Housing Administration.
110 STAT. 1321–275 PUBLIC LAW 104–134—APR. 26, 1996
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprise Financial
Safety and Soundness Act of 1992, $14,895,000, to remain available
until expended, from the Federal Housing Enterprise Oversight
Fund: Provided, That such amounts shall be collected by the Direc-
tor as authorized by section 1316 (a) and (b) of such Act, and
deposited in the Fund under section 1316(f) of such Act.
FEDERAL HOUSING ADMINISTRATION
FHA—MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
During fiscal year 1996, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National Housing
Act, as amended, shall not exceed a loan principal of
$110,000,000,000: Provided, That during fiscal year 1996, the Sec-
retary shall sell assigned mortgage notes having an unpaid principal
balance of up to $4,000,000,000, which notes were originally insured
under section 203(b) of the National Housing Act: Provided further,
That the Secretary may use any negative subsidy amounts from
the sale of such assigned mortgage notes during fiscal year 1996
for the disposition of properties or notes under this heading.
During fiscal year 1996, obligations to make direct loans to
carry out the purposes of section 204(g) of the National Housing
Act, as amended, shall not exceed $200,000,000: Provided, That
the foregoing amount shall be for loans to nonprofit and govern-
mental entities in connection with sales of single family real prop-
erties owned by the Secretary and formerly insured under section
203 of such Act.
For administrative expenses necessary to carry out the guaran-
teed and direct loan program, $341,595,000, to be derived from
the FHA-mutual mortgage insurance guaranteed loans receipt
account, of which not to exceed $334,483,000 shall be transferred
to the appropriation for departmental salaries and expenses; and
of which not to exceed $7,112,000 shall be transferred to the appro-
priation for the Office of Inspector General.
FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), including the cost of modifying such loans, $85,000,000,
to remain available until expended: Provided, That such costs shall
be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available
to subsidize total loan principal any part of which is to be guaran-
teed of not to exceed $17,400,000,000: Provided further, That during
fiscal year 1996, the Secretary shall sell assigned notes having
an unpaid principal balance of up to $4,000,000,000, which notes
were originally obligations of the funds established under sections
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–276
238 and 519 of the National Housing Act: Provided further, That
the Secretary may use any negative subsidy amounts, to remain
available until expended, from the sale of such assigned mortgage
notes, in addition to amounts otherwise provided, for the disposition
of properties or notes under this heading (including the credit
subsidy for the guarantee of loans or the reduction of positive
credit subsidy amounts that would otherwise be required for the
sale of such properties or notes), and for any other purpose under
this heading: Provided further, That any amounts made available
in any prior appropriation Act for the cost (as such term is defined
in section 502 of the Congressional Budget Act of 1974) of guaran-
teed loans that are obligations of the funds established under section
238 or 519 of the National Housing Act that have not been obligated
or that are deobligated shall be available to the Secretary of Housing
and Urban Development in connection with the making of such
guarantees and shall remain available until expended, notwith-
standing the expiration of any period of availability otherwise
applicable to such amounts.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238(a), and 519(a) of the
National Housing Act, shall not exceed $120,000,000; of which
not to exceed $100,000,000 shall be for bridge financing in connec-
tion with the sale of multifamily real properties owned by the
Secretary and formerly insured under such Act; and of which not
to exceed $20,000,000 shall be for loans to nonprofit and govern-
mental entities in connection with the sale of single-family real
properties owned by the Secretary and formerly insured under
such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $202,470,000, of
which $198,299,000 shall be transferred to the appropriation for
departmental salaries and expenses; and of which $4,171,000 shall
be transferred to the appropriation for the Office of Inspector
General.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
(INCLUDES TRANSFER OF FUNDS)
During fiscal year 1996, new commitments to issue guarantees
to carry out the purposes of section 306 of the National Housing
Act, as amended (12 U.S.C. 1721(g)), shall not exceed
$110,000,000,000.
For administrative expenses necessary to carry out the guaran-
teed mortgage-backed securities program, $9,101,000, to be derived
from the GNMA—guarantees of mortgage-backed securities guaran-
teed loan receipt account, of which not to exceed $9,101,000 shall
be transferred to the appropriation for departmental salaries and
expenses.
110 STAT. 1321–277 PUBLIC LAW 104–134—APR. 26, 1996
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
EXTEND ADMINISTRATIVE PROVISIONS FROM THE RESCISSION ACT
SEC. 201. (a) PUBLIC AND INDIAN HOUSING MODERNIZATION.—
(1) EXPANSION OF USE OF MODERNIZATION FUNDING.—Sub-
42 USC 1437l. section 14(q) of the United States Housing Act of 1937 is
amended to read as follows:
‘‘(q)(1) In addition to the purposes enumerated in subsections
(a) and (b), a public housing agency may use modernization assist-
ance provided under section 14, and development assistance pro-
vided under section 5(a) that was not allocated, as determined
by the Secretary, for priority replacement housing, for any eligible
activity authorized by this section, by section 5, or by applicable
Appropriations Acts for a public housing agency, including the
demolition, rehabilitation, revitalization, and replacement of exist-
ing units and projects and, for up to 10 percent of its allocation
of such funds in any fiscal year, for any operating subsidy purpose
authorized in section 9. Except for assistance used for operating
subsidy purposes under the preceding sentence, assistance provided
to a public housing agency under this section shall principally
be used for the physical improvement, replacement of public hous-
ing, other capital purposes, and for associated management
improvements, and such other extraordinary purposes as may be
approved by the Secretary. Low-income and very low-income units
assisted under this paragraph shall be eligible for operating sub-
sidies, unless the Secretary determines that such units or projects
do not meet other requirements of this Act.
‘‘(2) A public housing agency may provide assistance to develop-
ments that include units, other than units assisted under this
Act (except for units assisted under section 8 hereof) (‘mixed income
developments’), in the form of a grant, loan, operating assistance,
or other form of investment which may be made to—
‘‘(A) a partnership, a limited liability company, or other
legal entity in which the public housing agency or its affiliate
is a general partner, managing member, or otherwise partici-
pates in the activities of such entity; or
‘‘(B) any entity which grants to the public housing agency
the option to purchase the development within 20 years after
initial occupancy in accordance with section 42(i)(7) of the
Internal Revenue Code of 1986, as amended.
‘‘Units shall be made available in such developments for
periods of not less than 20 years, by master contract or by
individual lease, for occupancy by low-income and very low-
income families referred from time to time by the public housing
agency. The number of such units shall be:
‘‘(i) in the same proportion to the total number of
units in such development that the total financial commit-
ment provided by the public housing agency bears to the
value of the total financial commitment in the development,
or
‘‘(ii) not be less than the number of units that could
have been developed under the conventional public housing
program with the assistance involved, or
‘‘(iii) as may otherwise be approved by the Secretary.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–278
‘‘(3) A mixed income development may elect to have all units
subject only to the applicable local real estate taxes, notwithstand-
ing that the low-income units assisted by public housing funds
would otherwise be subject to section 6(d) of the Housing Act
of 1937.
‘‘(4) If an entity that owns or operates a mixed-income project
under this subsection enters into a contract with a public housing
agency, the terms of which obligate the entity to operate and
maintain a specified number of units in the project as public housing
units in accordance with the requirements of this Act for the period
required by law, such contractual terms may provide that, if, as
a result of a reduction in appropriations under section 9, or any
other change in applicable law, the public housing agency is unable
to fulfill its contractual obligations with respect to those public
housing units, that entity may deviate, under procedures and
requirements developed through regulations by the Secretary, from
otherwise applicable restrictions under this Act regarding rents,
income eligibility, and other areas of public housing management
with respect to a portion or all of those public housing units,
to the extent necessary to preserve the viability of those units
while maintaining the low-income character of the units, to the
maximum extent practicable.’’.
(2) APPLICABILITY.—Section 14(q) of the United States 42 USC 1437l
Housing Act of 1937, as amended by subsection (a) of this note.
section, shall be effective only with respect to assistance pro-
vided from funds made available for fiscal year 1996 or any
preceding fiscal year.
(3) APPLICABILITY TO IHAS.—In accordance with section 42 USC 1437aa
201(b)(2) of the United States Housing Act of 1937, the amend- note.
ment made by this subsection shall apply to public housing
developed or operated pursuant to a contract between the Sec-
retary of Housing and Urban Development and an Indian hous-
ing authority.
(b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND INDIAN
HOUSING.—
(1) EXTENDED AUTHORITY.—Section 1002(d) of Public Law
104–19 is amended to read as follows: 42 USC 1437c
‘‘(d) Subsections (a), (b), and (c) shall be effective for applications note.
for the demolition, disposition, or conversion to homeownership
of public housing approved by the Secretary, and other consolidation
and relocation activities of public housing agencies undertaken,
on, before, or after September 30, 1995 and before September 30,
1996.’’.
(2) Section 18(f) of the United States Housing Act of 1937 42 USC 1437p.
is amended by adding at the end the following new sentence:
‘‘No one may rely on the preceding sentence as the basis for
reconsidering a final order of a court issued, or a settlement
approved, by a court.’’.
(3) APPLICABILITY.—In accordance with section 201(b)(2) 42 USC 1437aa
of the United States Housing Act of 1937, the amendments note.
made by this subsection and by sections 1002 (a), (b), and
(c) of Public Law 104–19 shall apply to public housing developed
or operated pursuant to a contract between the Secretary of
Housing and Urban Development and an Indian housing
authority.
110 STAT. 1321–279 PUBLIC LAW 104–134—APR. 26, 1996
CONVERSION OF CERTAIN PUBLIC HOUSING TO VOUCHERS
42 USC 1437l SEC. 202. (a) IDENTIFICATION OF UNITS.—Each public housing
note. agency shall identify any public housing developments—
(1) that are on the same or contiguous sites;
(2) that total more than 300 dwelling units;
(3) that have a vacancy rate of at least 10 percent for
dwelling units not in funded, on-schedule modernization pro-
grams;
(4) identified as distressed housing that the public housing
agency cannot assure the long-term viability as public housing
through reasonable revitalization, density reduction, or achieve-
ment of a broader range of household income; and
(5) for which the estimated cost of continued operation
and modernization of the developments as public housing
exceeds the cost of providing tenant-based assistance under
section 8 of the United States Housing Act of 1937 for all
families in occupancy, based on appropriate indicators of cost
(such as the percentage of total development cost required
for modernization).
(b) IMPLEMENTATION AND ENFORCEMENT.—
(1) STANDARDS FOR IMPLEMENTATION.—The Secretary shall
establish standards to permit implementation of this section
in fiscal year 1996.
(2) CONSULTATION.—Each public housing agency shall con-
sult with the applicable public housing tenants and the unit
of general local government in identifying any public housing
developments under subsection (a).
(3) FAILURE OF PHAS TO COMPLY WITH SUBSECTION (a).—
Where the Secretary determines that—
(A) a public housing agency has failed under subsection
(a) to identify public housing developments for removal
from the inventory of the agency in a timely manner;
(B) a public housing agency has failed to identify one
or more public housing developments which the Secretary
determines should have been identified under subsection
(a); or
(C) one or more of the developments identified by the
public housing agency pursuant to subsection (a) should
not, in the determination of the Secretary, have been identi-
fied under that subsection;
the Secretary may designate the developments to be removed
from the inventory of the public housing agency pursuant to
this section.
(c) REMOVAL OF UNITS FROM THE INVENTORIES OF PUBLIC HOUS-
ING AGENCIES.—
(1) Each public housing agency shall develop and carry
out a plan in conjunction with the Secretary for the removal
of public housing units identified under subsection (a) or sub-
section (b)(3), over a period of up to five years, from the inven-
tory of the public housing agency and the annual contributions
contract. The plan shall be approved by the relevant local
official as not inconsistent with the Comprehensive Housing
Affordability Strategy under title I of the Housing and Commu-
nity Development Act of 1992, including a description of any
disposition and demolition plan for the public housing units.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–280
(2) The Secretary may extend the deadline in paragraph
(1) for up to an additional five years where the Secretary
makes a determination that the deadline is impracticable.
(3) The Secretary shall take appropriate actions to ensure
removal of developments identified under subsection (a) or sub-
section (b)(3) from the inventory of a public housing agency,
if the public housing agency fails to adequately develop a plan
under paragraph (1), or fails to adequately implement such
plan in accordance with the terms of the plan.
(4) To the extent approved in appropriations Acts, the
Secretary may establish requirements and provide funding
under the Urban Revitalization Demonstration program for
demolition and disposition of public housing under this section.
(5) Notwithstanding any other provision of law, if a develop-
ment is removed from the inventory of a public housing agency
and the annual contributions contract pursuant to paragraph
(1), the Secretary may authorize or direct the transfer of—
(A) in the case of an agency receiving assistance under
the comprehensive improvement assistance program, any
amounts obligated by the Secretary for the modernization
of such development pursuant to section 14 of the United
States Housing Act of 1937;
(B) in the case of an agency receiving public and Indian
housing modernization assistance by formula pursuant to
section 14 of the United States Housing Act of 1937, any
amounts provided to the agency which are attributable
pursuant to the formula for allocating such assistance to
the development removed from the inventory of that
agency; and
(C) in the case of an agency receiving assistance for
the major reconstruction of obsolete projects, any amounts
obligated by the Secretary for the major reconstruction
of the development pursuant to section 5 of such Act,
to the tenant-based assistance program or appropriate site
revitalization of such agency.
(6) CESSATION OF UNNECESSARY SPENDING.—Notwithstand-
ing any other provision of law, if, in the determination of
the Secretary, a development meets or is likely to meet the
criteria set forth in subsection (a), the Secretary may direct
the public housing agency to cease additional spending in
connection with the development, except to the extent that
additional spending is necessary to ensure decent, safe, and
sanitary housing until the Secretary determines or approves
an appropriate course of action with respect to such develop-
ment under this section.
(d) CONVERSION TO TENANT-BASED ASSISTANCE.—
(1) The Secretary shall make authority available to a public
housing agency to provide tenant-based assistance pursuant
to section 8 to families residing in any development that is
removed from the inventory of the public housing agency and
the annual contributions contract pursuant to subsection (b).
(2) Each conversion plan under subsection (c) shall—
(A) require the agency to notify families residing in
the development, consistent with any guidelines issued by
the Secretary governing such notifications, that the devel-
opment shall be removed from the inventory of the public
housing agency and the families shall receive tenant-based
110 STAT. 1321–281 PUBLIC LAW 104–134—APR. 26, 1996
or project-based assistance, and to provide any necessary
counseling for families; and
(B) ensure that all tenants affected by a determination
under this section that a development shall be removed
from the inventory of a public housing agency shall be
offered tenant-based or project-based assistance and shall
be relocated, as necessary, to other decent, safe, sanitary,
and affordable housing which is, to the maximum extent
practicable, housing of their choice.
(e) IN GENERAL.—
(1) The Secretary may require a public housing agency
to provide such information as the Secretary considers nec-
essary for the administration of this section.
(2) As used in this section, the term ‘‘development’’ shall
refer to a project or projects, or to portions of a project or
projects, as appropriate.
(3) Section 18 of the United States Housing Act of 1937
shall not apply to the demolition of developments removed
from the inventory of the public housing agency under this
section.
STREAMLINING SECTION 8 TENANT-BASED ASSISTANCE
SEC. 203. (a) ‘‘TAKE-ONE, TAKE-ALL’’.—Section 8(t) of the United
42 USC 1437f. States Housing Act of 1937 is hereby repealed.
(b) EXEMPTION FROM NOTICE REQUIREMENTS FOR THE CERTIFI-
CATE AND VOUCHER PROGRAMS.—Section 8(c) of such Act is
amended—
(1) in paragraph (8), by inserting after ‘‘section’’ the follow-
ing: ‘‘(other than a contract for assistance under the certificate
or voucher program)’’; and
(2) in the first sentence of paragraph (9), by striking ‘‘(but
not less than 90 days in the case of housing certificates or
vouchers under subsection (b) or (o))’’ and inserting ‘‘, other
than a contract under the certificate or voucher program’’.
(c) ENDLESS LEASE.—Section 8(d)(1)(B) of such Act is
amended—
(1) in clause (ii), by inserting ‘‘during the term of the
lease,’’ after ‘‘(ii)’’; and
(2) in clause (iii), by striking ‘‘provide that’’ and inserting
‘‘during the term of the lease,’’.
42 USC 1437f (d) APPLICABILITY.—The provisions of this section shall be effec-
note. tive for fiscal year 1996 only.
PUBLIC HOUSING/SECTION 8 MOVING TO WORK DEMONSTRATION
42 USC 1437f. SEC. 204. (a) PURPOSE.—The purpose of this demonstration
is to give public housing agencies and the Secretary of Housing
and Urban Development the flexibility to design and test various
approaches for providing and administering housing assistance that:
reduce cost and achieve greater cost effectiveness in Federal
expenditures; give incentives to families with children where the
head of household is working, seeking work, or is preparing for
work by participating in job training, educational programs, or
programs that assist people to obtain employment and become
economically self-sufficient; and increase housing choices for low-
income families.
(b) PROGRAM AUTHORITY.—The Secretary of Housing and Urban
Development shall conduct a demonstration program under this
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–282
section beginning in fiscal year 1996 under which up to 30 public
housing agencies (including Indian housing authorities) administer-
ing the public or Indian housing program and the section 8 housing
assistance payments program may be selected by the Secretary
to participate. The Secretary shall provide training and technical
assistance during the demonstration and conduct detailed evalua-
tions of up to 15 such agencies in an effort to identify replicable
program models promoting the purpose of the demonstration. Under
the demonstration, notwithstanding any provision of the United
States Housing Act of 1937 except as provided in subsection (e),
an agency may combine operating assistance provided under section
9 of the United States Housing Act of 1937, modernization assist-
ance provided under section 14 of such Act, and assistance provided
under section 8 of such Act for the certificate and voucher programs,
to provide housing assistance for low-income families, as defined
in section 3(b)(2) of the United States Housing Act of 1937, and
services to facilitate the transition to work on such terms and
conditions as the agency may propose and the Secretary may
approve.
(c) APPLICATION.—An application to participate in the dem-
onstration—
(1) shall request authority to combine assistance under
sections 8, 9, and 14 of the United States Housing Act of
1937;
(2) shall be submitted only after the public housing agency
provides for citizen participation through a public hearing and,
if appropriate, other means;
(3) shall include a plan developed by the agency that takes
into account comments from the public hearing and any other
public comments on the proposed program, and comments from
current and prospective residents who would be affected, and
that includes criteria for—
(A) families to be assisted, which shall require that
at least 75 percent of the families assisted by participating
demonstration public housing authorities shall be very low-
income families, as defined in section 3(b)(2) of the United
States Housing Act of 1937;
(B) establishing a reasonable rent policy, which shall
be designed to encourage employment and self-sufficiency
by participating families, consistent with the purpose of
this demonstration, such as by excluding some or all of
a family’s earned income for purposes of determining rent;
(C) continuing to assist substantially the same total
number of eligible low-income families as would have been
served had the amounts not been combined;
(D) maintaining a comparable mix of families (by fam-
ily size) as would have been provided had the amounts
not been used under the demonstration; and
(E) assuring that housing assisted under the dem-
onstration program meets housing quality standards estab-
lished or approved by the Secretary; and
(4) may request assistance for training and technical assist-
ance to assist with design of the demonstration and to partici-
pate in a detailed evaluation.
(d) SELECTION.—In selecting among applications, the Secretary
shall take into account the potential of each agency to plan and
carry out a program under the demonstration, the relative perform-
110 STAT. 1321–283 PUBLIC LAW 104–134—APR. 26, 1996
ance by an agency under the public housing management assess-
ment program under section 6(j) of the United States Housing
Act of 1937, and other appropriate factors as determined by the
Secretary.
(e) APPLICABILITY OF 1937 ACT PROVISIONS.—
(1) Section 18 of the United States Housing Act of 1937
shall continue to apply to public housing notwithstanding any
use of the housing under this demonstration.
(2) Section 12 of such Act shall apply to housing assisted
under the demonstration, other than housing assisted solely
due to occupancy by families receiving tenant-based assistance.
(f) EFFECT ON SECTION 8, OPERATING SUBSIDIES, AND COM-
PREHENSIVE GRANT PROGRAM ALLOCATIONS.—The amount of assist-
ance received under section 8, section 9, or pursuant to section
14 by a public housing agency participating in the demonstration
under this part shall not be diminished by its participation.
(g) RECORDS, REPORTS, AND AUDITS.—
(1) KEEPING OF RECORDS.—Each agency shall keep such
records as the Secretary may prescribe as reasonably necessary
to disclose the amounts and the disposition of amounts under
this demonstration, to ensure compliance with the requirements
of this section, and to measure performance.
(2) REPORTS.—Each agency shall submit to the Secretary
a report, or series of reports, in a form and at a time specified
by the Secretary. Each report shall—
(A) document the use of funds made available under
this section;
(B) provide such data as the Secretary may request
to assist the Secretary in assessing the demonstration;
and
(C) describe and analyze the effect of assisted activities
in addressing the objectives of this part.
(3) ACCESS TO DOCUMENTS BY THE SECRETARY.—The Sec-
retary shall have access for the purpose of audit and examina-
tion to any books, documents, papers, and records that are
pertinent to assistance in connection with, and the require-
ments of, this section.
(4) ACCESS TO DOCUMENTS BY THE COMPTROLLER GEN-
ERAL.—The Comptroller General of the United States, or any
of the duly authorized representatives of the Comptroller Gen-
eral, shall have access for the purpose of audit and examination
to any books, documents, papers, and records that are pertinent
to assistance in connection with, and the requirements of, this
section.
(h) EVALUATION AND REPORT.—
(1) CONSULTATION WITH PHA AND FAMILY REPRESENTA-
TIVES.—In making assessments throughout the demonstration,
the Secretary shall consult with representatives of public hous-
ing agencies and residents.
(2) REPORT TO CONGRESS.—Not later than 180 days after
the end of the third year of the demonstration, the Secretary
shall submit to the Congress a report evaluating the programs
carried out under the demonstration. The report shall also
include findings and recommendations for any appropriate
legislative action.
(i) FUNDING FOR TECHNICAL ASSISTANCE AND EVALUATION.—
From amounts appropriated for assistance under section 14 of the
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–284
United States Housing Act of 1937 for fiscal years 1996, 1997,
and 1998, the Secretary may use up to a total of $5,000,000—
(1) to provide, directly or by contract, training and technical
assistance—
(A) to public housing agencies that express an interest
to apply for training and technical assistance pursuant
to subsection (c)(4), to assist them in designing programs
to be proposed for the demonstration; and
(B) to up to 10 agencies selected to receive training
and technical assistance pursuant to subsection (c)(4), to
assist them in implementing the approved program; and
(2) to conduct detailed evaluations of the activities of the
public housing agencies under paragraph (1)(B), directly or
by contract.
EXTENSION OF MULTIFAMILY HOUSING FINANCE PROGRAM
SEC. 205. (a) The first sentence of section 542(b)(5) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1707
note) is amended by striking ‘‘on not more than 15,000 units over
fiscal years 1993 and 1994’’ and inserting ‘‘on not more than 7,500
units during fiscal year 1996’’.
(b) The first sentence of section 542(c)(4) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1707 note) is
amended by striking ‘‘on not to exceed 30,000 units over fiscal
years 1993, 1994, and 1995’’ and inserting ‘‘on not more than
12,000 units during fiscal year 1996’’.
FORECLOSURE OF HUD-HELD MORTGAGES THROUGH THIRD PARTIES
SEC. 206. During fiscal year 1996, the Secretary of Housing
and Urban Development may delegate to one or more entities
the authority to carry out some or all of the functions and respon-
sibilities of the Secretary in connection with the foreclosure of
mortgages held by the Secretary under the National Housing Act.
RESTRUCTURING OF THE HUD MULTIFAMILY MORTGAGE PORTFOLIO
THROUGH STATE HOUSING FINANCE AGENCIES
SEC. 207. During fiscal year 1996, the Secretary of Housing
and Urban Development may sell or otherwise transfer multifamily
mortgages held by the Secretary under the National Housing Act
to a State housing finance agency in connection with a program
authorized under section 542 (b) or (c) of the Housing and Commu-
nity Development Act of 1992 without regard to the unit limitations
in section 542(b)(5) or 542(c)(4) of such Act.
TRANSFER OF SECTION 8 AUTHORITY
SEC. 208. Section 8 of the United States Housing Act of 1937 42 USC 1437f.
is amended by adding the following new subsection at the end:
‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If an assistance con-
tract under this section, other than a contract for tenant-based
assistance, is terminated or is not renewed, or if the contract
expires, the Secretary shall, in order to provide continued assistance
to eligible families, including eligible families receiving the benefit
of the project-based assistance at the time of the termination,
transfer any budget authority remaining in the contract to another
110 STAT. 1321–285 PUBLIC LAW 104–134—APR. 26, 1996
contract. The transfer shall be under such terms as the Secretary
may prescribe.’’.
DOCUMENTATION OF MULTIFAMILY REFINANCINGS
Effective date. SEC. 209. Notwithstanding the 16th paragraph under the item
12 USC 1715n. relating to ‘‘administrative provisions’’ in title II of the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1995 (Public Law 103–
327; 108 Stat. 2316), the amendments to section 223(a)(7) of the
National Housing Act made by the 15th paragraph of such Act
shall be effective during fiscal year 1996 and thereafter.
FHA MULTIFAMILY DEMONSTRATION AUTHORITY
42 USC 1437f. SEC. 210. (a) On and after October 1, 1995, and before October
1, 1997, the Secretary of Housing and Urban Development shall
initiate a demonstration program with respect to multifamily
projects whose owners agree to participate and whose mortgages
are insured under the National Housing Act and that are assisted
under section 8 of the United States Housing Act of 1937 and
whose present section 8 rents are, in the aggregate, in excess
of the fair market rent of the locality in which the project is
located. These programs shall be designed to test the feasibility
and desirability of the goal of ensuring, to the maximum extent
practicable, that the debt service and operating expenses, including
adequate reserves, attributable to such multifamily projects can
be supported with or without mortgage insurance under the
National Housing Act and with or without above-market rents
and utilizing project-based assistance or, with the consent of the
property owner, tenant-based assistance, while taking into account
the need for assistance of low- and very low-income families in
such projects. In carrying out this demonstration, the Secretary
may use arrangements with third parties, under which the Sec-
retary may provide for the assumption by the third parties (by
delegation, contract, or otherwise) of some or all of the functions,
obligations, and benefits of the Secretary.
(1) GOALS.—The Secretary of Housing and Urban Develop-
ment shall carry out the demonstration programs under this
section in a manner that—
(A) will protect the financial interests of the Federal
Government;
(B) will result in significant discretionary cost savings
through debt restructuring and subsidy reduction; and
(C) will, in the least costly fashion, address the goals
of—
(i) maintaining existing housing stock in a decent,
safe, and sanitary condition;
(ii) minimizing the involuntary displacement of
tenants;
(iii) restructuring the mortgages of such projects
in a manner that is consistent with local housing mar-
ket conditions;
(iv) supporting fair housing strategies;
(v) minimizing any adverse income tax impact on
property owners; and
(vi) minimizing any adverse impact on residential
neighborhoods.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–286
In determining the manner in which a mortgage is to be restruc-
tured or the subsidy reduced, the Secretary may balance
competing goals relating to individual projects in a manner
that will further the purposes of this section.
(2) DEMONSTRATION APPROACHES.—In carrying out the
demonstration programs, subject to the appropriation in sub-
section (f), the Secretary may use one or more of the following
approaches:
(A) Joint venture arrangements with third parties,
under which the Secretary may provide for the assumption
by the third parties (by delegation, contract, or otherwise)
of some or all of the functions, obligations, and benefits
of the Secretary.
(B) Subsidization of the debt service of the project
to a level that can be paid by an owner receiving an
unsubsidized market rent.
(C) Renewal of existing project-based assistance con-
tracts where the Secretary shall approve proposed initial
rent levels that do not exceed the greater of 120 percent
of fair market rents or comparable market rents for the
relevant metropolitan market area or at rent levels under
a budget-based approach.
(D) Nonrenewal of expiring existing project-based
assistance contracts and providing tenant-based assistance
to previously assisted households.
(b) For purposes of carrying out demonstration programs under
subsection (a)—
(1) the Secretary may manage and dispose of multifamily
properties owned by the Secretary as of October 1, 1995 and
multifamily mortgages held by the Secretary as of October
1, 1995 for properties assisted under section 8 with rents above
110 percent of fair market rents without regard to any other
provision of law; and
(2) the Secretary may delegate to one or more entities
the authority to carry out some or all of the functions and
responsibilities of the Secretary in connection with the fore-
closure of mortgages held by the Secretary under the National
Housing Act.
(c) For purposes of carrying out demonstration programs under
subsection (a), subject to such third party consents (if any) as
are necessary including but not limited to (i) consent by the Govern-
ment National Mortgage Association where it owns a mortgage
insured by the Secretary; (ii) consent by an issuer under the mort-
gage-backed securities program of the Association, subject to the
responsibilities of the issuer to its security holders and the Associa-
tion under such program; and (iii) parties to any contractual agree-
ment which the Secretary proposes to modify or discontinue, and
subject to the appropriation in subsection (c), the Secretary or
one or more third parties designated by the Secretary may take
the following actions:
(1) Notwithstanding any other provision of law, and subject
to the agreement of the project owner, the Secretary or third
party may remove, relinquish, extinguish, modify, or agree
to the removal of any mortgage, regulatory agreement, project-
based assistance contract, use agreement, or restriction that
had been imposed or required by the Secretary, including
restrictions on distributions of income which the Secretary or
110 STAT. 1321–287 PUBLIC LAW 104–134—APR. 26, 1996
third party determines would interfere with the ability of the
project to operate without above market rents. The Secretary
or third party may require an owner of a property assisted
under the section 8 new construction/substantial rehabilitation
program to apply any accumulated residual receipts toward
effecting the purposes of this section.
(2) Notwithstanding any other provision of law, the Sec-
retary of Housing and Urban Development may enter into
contracts to purchase reinsurance, or enter into participations
or otherwise transfer economic interest in contracts of insurance
or in the premiums paid, or due to be paid, on such insurance
to third parties, on such terms and conditions as the Secretary
may determine.
(3) The Secretary may offer project-based assistance with
rents at or below fair market rents for the locality in which
the project is located and may negotiate such other terms
as are acceptable to the Secretary and the project owner.
(4) The Secretary may offer to pay all or a portion of
the project’s debt service, including payments monthly from
the appropriate Insurance Fund, for the full remaining term
of the insured mortgage.
(5) Notwithstanding any other provision of law, the Sec-
retary may forgive and cancel any FHA-insured mortgage debt
that a demonstration program property cannot carry at market
rents while bearing full operating costs.
(6) For demonstration program properties that cannot carry
full operating costs (excluding debt service) at market rents,
the Secretary may approve project-based rents sufficient to
carry such full operating costs and may offer to pay the full
debt service in the manner provided in paragraph (4).
(d) COMMUNITY AND TENANT INPUT.—In carrying out this sec-
tion, the Secretary shall develop procedures to provide appropriate
and timely notice to officials of the unit of general local government
affected, the community in which the project is situated, and the
tenants of the project.
(e) LIMITATION ON DEMONSTRATION AUTHORITY.—The Secretary
may carry out demonstration programs under this section with
respect to mortgages not to exceed 15,000 units. The demonstration
authorized under this section shall not be expanded until the reports
required under subsection (g) are submitted to the Congress.
(f) APPROPRIATION.—For the cost of modifying loans held or
guaranteed by the Federal Housing Administration, as authorized
by this subsection (a)(2) and subsection (c), $30,000,000, to remain
available until September 30, 1997: Provided, That such costs shall
be as defined in section 502 of the Congressional Budget Act of
1974, as amended.
(g) REPORT TO CONGRESS.—The Secretary shall submit to the
Congress every six months after the date of enactment of this
Act a report describing and assessing the programs carried out
under the demonstrations. The Secretary shall also submit a final
report to the Congress not later than six months after the end
of the demonstrations. The reports shall include findings and rec-
ommendations for any legislative action appropriate. The reports
shall also include a description of the status of each multifamily
housing project selected for the demonstrations under this section.
The final report may include—
(1) the size of the projects;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–288
(2) the geographic locations of the projects, by State and
region;
(3) the physical and financial condition of the projects;
(4) the occupancy profile of the projects, including the
income, family size, race, and ethnic origin of current tenants,
and the rents paid by such tenants;
(5) a description of actions undertaken pursuant to this
section, including a description of the effectiveness of such
actions and any impediments to the transfer or sale of multi-
family housing projects;
(6) a description of the extent to which the demonstrations
under this section have displaced tenants of multifamily hous-
ing projects;
(7) a description of any of the functions performed in
connection with this section that are transferred or contracted
out to public or private entities or to States;
(8) a description of the impact to which the demonstrations
under this section have affected the localities and communities
where the selected multifamily housing projects are located;
and
(9) a description of the extent to which the demonstrations
under this section have affected the owners of multifamily
housing projects.
ASSESSMENT COLLECTION DATES FOR OFFICE OF FEDERAL HOUSING
ENTERPRISE OVERSIGHT
SEC. 211. Section 1316(b) of the Housing and Community Devel-
opment Act of 1992 (12 U.S.C. 4516(b)) is amended by striking
paragraph (2) and inserting the following new paragraph:
‘‘(2) TIMING OF PAYMENT.—The annual assessment shall be
payable semiannually for each fiscal year, on October 1 and
April 1.’’.
MERGER LANGUAGE FOR ASSISTANCE FOR THE RENEWAL OF EXPIRING
SECTION 8 SUBSIDY CONTRACTS AND ANNUAL CONTRIBUTIONS FOR
ASSISTED HOUSING
SEC. 212. All remaining obligated and unobligated balances
in the Renewal of Expiring Section 8 Subsidy Contracts account
on September 30, 1995, shall immediately thereafter be transferred
to and merged with the obligated and unobligated balances, respec-
tively, of the Annual Contributions for Assisted Housing account.
DEBT FORGIVENESS
SEC. 213. (a) The Secretary of Housing and Urban Development Hubbard
shall cancel the indebtedness of the Hubbard Hospital Authority Hospital
Authority.
of Hubbard, Texas, relating to the public facilities loan for Project Texas.
Number PFL–TEX–215, issued under title II of the Housing Amend-
ments of 1955. Such hospital authority is relieved of all liability
to the Government for the outstanding principal balance on such
loan, for the amount of accrued interest on such loan, and for
any fees and charges payable in connection with such loan.
(b) The Secretary of Housing and Urban Development shall Groveton Texas
cancel the indebtedness of the Groveton Texas Hospital Authority Hospital
Authority.
relating to the public facilities loan for Project Number TEX–41– Texas.
PFL0162, issued under title II of the Housing Amendments of
110 STAT. 1321–289 PUBLIC LAW 104–134—APR. 26, 1996
1955. Such hospital authority is relieved of all liability to the
Government for the outstanding principal balance on such loan,
for the amount of accrued interest on such loan, and for any
fees and charges payable in connection with such loan.
Hepzibah Public (c) The Secretary of Housing and Urban Development shall
Service District. cancel the indebtedness of the Hepzibah Public Service District
West Virginia. of Hepzibah, West Virginia, relating to the public facilities loan
for Project Number WV–46–PFL0031, issued under title II of the
Housing Amendments of 1955. Such public service district is
relieved of all liability to the Government for the outstanding prin-
cipal balance on such loan, for the amount of accrued interest
on such loan, and for any fees and charges payable in connection
with such loan.
CLARIFICATIONS
California. SEC. 214. For purposes of Federal law, the Paul Mirabile Center
in San Diego, California, including areas within such Center that
are devoted to the delivery of supportive services, has been deter-
mined to satisfy the ‘‘continuum of care’’ requirements of the Depart-
ment of Housing and Urban Development, and shall be treated
as—
(a) consisting solely of residential units that (i) contain
sleeping accommodations and kitchen and bathroom facilities,
(ii) are located in a building that is used exclusively to facilitate
the transition of homeless individuals (within the meaning
of section 103 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11302), as in effect on December 19, 1989)
to independent living within 24 months, (iii) are suitable for
occupancy, with each cubicle constituting a separate bedroom
and residential unit, (iv) are used on other than a transient
basis, and (v) shall be originally placed in service on November
1, 1995; and
(b) property that is entirely residential rental property,
namely, a project for residential rental property.
EMPLOYMENT LIMITATIONS
SEC. 215. (a) By the end of fiscal year 1996 the Department
of Housing and Urban Development shall employ no more than
eight Assistant Secretaries, notwithstanding section 4(a) of the
Department of Housing and Urban Development Act.
(b) By the end of fiscal year 1996 the Department of Housing
and Urban Development shall employ no more than 77 schedule
C and 20 non-career senior executive service employees.
USE OF FUNDS
SEC. 216. (a) Of the $93,400,000 earmarked in Public Law
101–144 (103 Stat. 850), as amended by Public Law 101–302 (104
Stat. 237), for special projects and purposes, any amounts remaining
of the $500,000 made available to Bethlehem House in Highland,
California, for site planning and loan acquisition shall instead be
made available to the County of San Bernardino in California
to assist with the expansion of the Los Padrinos Gang Intervention
Program, the Unity Home Domestic Violence Shelter, and San
Bernardino Drug Court Program.
(b) The amount made available for fiscal year 1995 for the
removal of asbestos from an abandoned public school building in
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–290
Toledo, Ohio shall be made available for the renovation and
rehabilitation of an industrial building at the University of Toledo
in Toledo, Ohio.
LEAD-BASED PAINT ABATEMENT
SEC. 217. (a) Section 1011 of Title X—Residential Lead-Based
Paint Hazard Reduction Act of 1992 is amended as follows: Strike 42 USC 4852.
‘‘priority housing’’ wherever it appears in said section and insert
‘‘housing’’.
(b) Section 1011(a) shall be amended as follows: At the end Grants.
of the subsection after the period, insert: ‘‘Grants shall only be
made under this section to provide assistance for housing which
meets the following criteria—
‘‘(1) for grants made to assist rental housing, at least
50 percent of the units must be occupied by or made available
to families with incomes at or below 50 percent of the area
median income level and the remaining units shall be occupied
or made available to families with incomes at or below 80
percent of the area median income level, and in all cases
the landlord shall give priority in renting units assisted under
this section, for not less than 3 years following the completion
of lead abatement activities, to families with a child under
the age of six years, except that buildings with five or more
units may have 20 percent of the units occupied by families
with incomes above 80 percent of area median income level;
‘‘(2) for grants made to assist housing owned by owner-
occupants, all units assisted with grants under this section
shall be the principal residence of families with income at
or below 80 percent of the area median income level, and
not less than 90 percent of the units assisted with grants
under this section shall be occupied by a child under the age
of six years or shall be units where a child under the age
of six years spends a significant amount of time visiting; and
‘‘(3) notwithstanding paragraphs (1) and (2), Round II
grantees who receive assistance under this section may use
such assistance for priority housing.’’.
EXTENSION PERIOD FOR SHARING UTILITY COST SAVINGS WITH PHAS
SEC. 218. Section 9(a)(3)(B)(i) of the United States Housing
Act of 1937 is amended by striking ‘‘for a period not to exceed 42 USC 1437g.
6 years’’.
MORTGAGE NOTE SALES
SEC. 219. The first sentence of section 221(g)(4)(C)(viii) of the
National Housing Act is amended by striking ‘‘September 30, 1995’’ 12 USC 1715l.
and inserting in lieu thereof ‘‘September 30, 1996’’.
REPEAL OF FROST-LELAND
SEC. 220. Section 415 of the Department of Housing and Urban
Development—Independent Agencies Appropriations Act, 1988
(Public Law 100–202; 101 Stat. 1329–213) is repealed.
FHA SINGLE-FAMILY ASSIGNMENT PROGRAM REFORM
SEC. 221. (a) CORRECTION TO FORECLOSURE AVOIDANCE PROVI-
SION.—The penultimate proviso of section 204(a) of the National
110 STAT. 1321–291 PUBLIC LAW 104–134—APR. 26, 1996
Housing Act (12 U.S.C. 1710(a)), as added by section 407(a) of
the Balanced Budget Downpayment Act, I (Public Law 104–99),
is amended by striking ‘‘special foreclosure’’ and inserting in lieu
thereof ‘‘special forebearance’’.
12 USC 1715u (b) SAVINGS PROVISION.—(1) Any mortgage for which the mort-
note. gagor has applied to the Secretary, before the date of enactment
of this Act, for assignment to the Secretary pursuant to section
230(b) of the National Housing Act shall continue to be governed
by the provisions of such section, as in effect immediately before
enactment of the Balanced Budget Downpayment Act, I.
(2) Section 230(d) of the National Housing Act, as amended
12 USC 1715u. by section 407(b) of the Balanced Budget Downpayment Act, I,
is repealed.
12 USC 1710 (c) REGULATIONS.—(1) Not later than 30 days after the date
note. of enactment of this Act, the Secretary of Housing and Urban
Development shall issue interim regulations to implement section
407 of the Balanced Budget Downpayment Act, I, and the amend-
ments to the National Housing Act made by that section.
(2) Section 407(d) of the Balanced Budget Downpayment Act,
12 USC 1710 I, is repealed.
note. (d) EXTENSION OF REFORM TO MORTGAGES ORIGINATED IN FIS-
12 USC 1710 CAL YEAR 1996.—Section 407(c) of the Balanced Budget Downpay-
note. ment Act, I, is amended by striking ‘‘originated before October
1, 1995’’ and inserting ‘‘executed before October 1, 1996’’.
SPENDING LIMITATIONS
SEC. 222. (a) None of the funds in this Act may be used
by the Secretary to impose any sanction, or penalty because of
the enactment of any State or local law or regulation declaring
English as the official language.
(b) No part of any appropriation contained in this Act shall
be used for lobbying activities as prohibited by law.
SEC. 223. None of the funds provided in this Act may be
used during fiscal year 1996 to investigate or prosecute under
the Fair Housing Act (42 U.S.C. 3601, et seq.) any otherwise lawful
activity engaged in by one or more persons, including the filing
or maintaining of non-frivolous legal action, that is engaged in
solely for the purposes of achieving or preventing action by a
Government official, entity, or court of competent jurisdiction.
SEC. 224. None of the funds provided in this Act many be
used to take any enforcement action with respect to a complaint
of discrimination under the Fair Housing Act (42 U.S.C. 3601,
et seq.) on the basis of familial status and which involves an
occupancy standard established by the housing provider except
to the extent that it is found that there has been discrimination
in contravention of the standards provided in the March 20, 1991
Memorandum from the General Counsel of the Department of Hous-
ing and Urban Development to all Regional Counsel or until such
time that HUD issues a final rule in accordance with section 553
of title 5, United States Code.
CDBG ELIGIBLE ACTIVITIES
SEC. 225. Section 105(a) of the Housing and Community Devel-
opment Act of 1974 (42 U.S.C. 5305(a)) is amended—
(1) in paragraph (4)—
(A) by inserting ‘‘reconstruction,’’ after ‘‘removal,’’; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–292
(B) by striking ‘‘acquisition for rehabilitation, and
rehabilitation’’ and inserting ‘‘acquisition for reconstruction
or rehabilitation, and reconstruction or rehabilitation’’;
(2) in paragraph (13), by striking ‘‘and’’ at the end;
(3) by striking paragraph (19);
(4) in paragraph (24), by striking ‘‘and’’ at the end;
(5) in paragraph (25), by striking the period at the end
and inserting ‘‘; and’’;
(6) by redesignating paragraphs (20) through (25) as para-
graphs (19) through (24), respectively; and
(7) by redesignating paragraph (21) (as added by section
1012(f)(3) of the Housing and Community Development Act
of 1992) as paragraph (25).
SEC. 226. The Secretary shall award for the community develop-
ment grants program, as authorized by title I of the Housing
and Community Development Act of 1974, as amended (42 U.S.C.
5301), for the State of New York, not more than 35 percent of
the funds made available for fiscal year 1996 for grants allocated
for any multi-year commitment. The Secretary shall issue proposed Rules.
and final rulemaking for the requirements of the community devel-
opment grants program for the State of New York before issuing
a Notice of Funding Availability for funds made available for fiscal
year 1997.
SEC. 227. All funds allocated for the State of New York for
fiscal years 1995 and 1996 under the HOME investment partner-
ships program, as authorized under title II of the Cranston-Gonzalez
National Affordable Housing Act (Public Law 101–625) shall be
made available to the Chief Executive Officer of the State, or
an entity designated by the Chief Executive Officer, to be used
for activities in accordance with the requirements of the HOME
investment partnerships program, notwithstanding the memoran-
dum from the General Counsel of the Department of Housing and
Urban Development dated March 5, 1996.
SEC. 228. (a) The second sentence of section 236(f)(1) of the
National Housing Act, as amended by section 405(d)(1) of The
Balanced Budget Downpayment Act, I, is amended— 12 USC 1715z–1.
(1) by striking ‘‘or (ii)’’ and inserting ‘‘(ii)’’; and
(2) by striking ‘‘located,’’ and inserting: ‘‘located, or (iii)
the actual rent (as determined by the Secretary) paid for a
comparable unit in comparable unassisted housing in the mar-
ket area in which the housing assisted under this section is
located,’’.
(b) The first sentence of section 236(g) of the National Housing
Act is amended by inserting the phrase ‘‘on a unit-by-unit basis’’
after ‘‘collected’’.
TECHNICAL CORRECTION TO MINIMUM RENT AUTHORITY
SEC. 229. Section 402(a) of the Balanced Budget Downpayment
Act, I (Public Law 104–99), is amended by inserting after ‘‘as Ante, p. 40.
amended,’’ the following: ‘‘or section 206(d) of the Housing and
Urban-Rural Recovery Act of 1983 (including section 206(d)(5) of
such Act),’’.
MINIMUM RENT WAIVER AUTHORITY
SEC. 230. Notwithstanding section 402(a) of the Balanced
Budget Downpayment Act, I (Public Law 104–99), the Secretary
of Housing and Urban Development or a public housing agency
110 STAT. 1321–293 PUBLIC LAW 104–134—APR. 26, 1996
(including an Indian housing authority) may waive the minimum
rent requirement of that section to provide a transition period
for affected families. The term of a waiver approved pursuant
to this section may be retroactive, but may not apply for more
than three months with respect to any family.
TITLE III
INDEPENDENT AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monu-
ments outside of the United States and its territories and posses-
sions; rent of office and garage space in foreign countries; purchase
(one for replacement only) and hire of passenger motor vehicles;
and insurance of official motor vehicles in foreign countries, when
required by law of such countries; $20,265,000, to remain available
36 USC 121b. until expended: Provided, That where station allowance has been
authorized by the Department of the Army for officers of the Army
serving the Army at certain foreign stations, the same allowance
shall be authorized for officers of the Armed Forces assigned to
the Commission while serving at the same foreign stations, and
this appropriation is hereby made available for the payment of
36 USC 122. such allowance: Provided further, That when traveling on business
of the Commission, officers of the Armed Forces serving as members
or as Secretary of the Commission may be reimbursed for expenses
as provided for civilian members of the Commission: Provided fur-
36 USC 122a. ther, That the Commission shall reimburse other Government agen-
cies, including the Armed Forces, for salary, pay, and allowances
of personnel assigned to it.
DEPARTMENT OF THE TREASURY
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
For grants, loans, and technical assistance to qualifying commu-
nity development financial institutions, and administrative
expenses of the Fund, $45,000,000, to remain available until
September 30, 1997: Provided, That of the funds made available
under this heading not to exceed $4,000,000 may be used for the
cost of direct loans, and not to exceed $400,000 may be used
for administrative expenses to carry out the direct loan program:
Provided further, That the cost of direct loans, including the cost
of modifying such loans, shall be defined as in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
funds are available to subsidize gross obligations for the principal
amount of direct loans not to exceed $28,440,000: Provided further,
That none of these funds shall be used to supplement existing
resources provided to the Department for activities such as external
affairs, general counsel, administration, finance, or office of inspec-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–294
tor general: Provided further, That none of these funds shall be
available for expenses of an Administrator as defined in section
104 of the Community Development Banking and Financial Institu-
tions Act of 1994 (CDBFI Act): Provided further, That notwithstand- 12 USC 4703
ing any other provision of law, for purposes of administering the note.
Community Development Financial Institutions Fund, the Secretary
of the Treasury shall have all powers and rights of the Adminis-
trator of the CDBFI Act and the Fund shall be within the Depart-
ment of the Treasury.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for GS–18,
purchase of nominal awards to recognize non-Federal officials’ con-
tributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $40,000,000.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service (referred to in the matter under this heading
as the ‘‘Corporation’’) in carrying out programs, activities, and initia-
tives under the National and Community Service Act of 1990
(referred to in the matter under this heading as the ‘‘Act’’) (42
U.S.C. 12501 et seq.), $400,500,000, of which $265,000,000 shall
be available for obligation from September 1, 1996, through Septem-
ber 30, 1997: Provided, That not more than $25,000,000 shall be
available for administrative expenses authorized under section
501(a)(4) of the Act (42 U.S.C. 12671(a)(4)): Provided further, That
not more than $2,500 shall be for official reception and representa-
tion expenses: Provided further, That not more than $59,000,000,
to remain available without fiscal year limitation, shall be trans-
ferred to the National Service Trust account for educational awards
authorized under subtitle D of title I of the Act (42 U.S.C. 12601
et seq.): Provided further, That not more than $215,000,000 of
the amount provided under this heading shall be available for
grants under the National Service Trust program authorized under
subtitle C of title I of the Act (42 U.S.C. 12571 et seq.) (relating
to activities including the Americorps program), of which not more
than $40,000,000 may be used to administer, reimburse or support
any national service program authorized under section 121(d)(2)
of such Act (42 U.S.C. 12581(d)(2)): Provided further, That not
more than $5,500,000 of the funds made available under this head-
ing shall be made available for the Points of Light Foundation
for activities authorized under title III of the Act (42 U.S.C. 12661
et seq.): Provided further, That no funds shall be available for
national service programs run by Federal agencies authorized under
section 121(b) of such Act (42 U.S.C. 12581(b)): Provided further,
That, to the maximum extent feasible, funds appropriated in the
110 STAT. 1321–295 PUBLIC LAW 104–134—APR. 26, 1996
preceding proviso shall be provided in a manner that is consistent
with the recommendations of peer review panels in order to ensure
that priority is given to programs that demonstrate quality, innova-
tion, replicability, and sustainability: Provided further, That not
more than $18,000,000 of the funds made available under this
heading shall be available for the Civilian Community Corps author-
ized under subtitle E of title I of the Act (42 U.S.C. 12611 et
seq.): Provided further, That not more than $43,000,000 shall be
available for school-based and community-based service-learning
programs authorized under subtitle B of title I of the Act (41
U.S.C. 12521 et seq.): Provided further, That not more than
$30,000,000 shall be available for quality and innovation activities
authorized under subtitle H of title I of the Act (42 U.S.C. 12853
et seq.): Provided further, That not more than $5,000,000 shall
be available for audits and other evaluations authorized under
section 179 of the Act (42 U.S.C. 12639), of which up to $500,000
shall be available for a study by the National Academy of Public
Administration on the structure, organization, and management
of the Corporation and activities supported by the Corporation,
including an assessment of the quality, innovation, replicability,
and sustainability without Federal funds of such activities, and
the Federal and non-Federal cost of supporting participants in
community service activities: Provided further, That no funds from
any other appropriation, or from funds otherwise made available
to the Corporation, shall be used to pay for personnel compensation
and benefits, travel, or any other administrative expense for the
Board of Directors, the Office of the Chief Executive Officer, the
Office of the Managing Director, the Office of the Chief Financial
Officer, the Office of National and Community Service Programs,
the Civilian Community Corps, or any field office or staff of the
Corporation working on the National and Community Service or
Civilian Community Corps programs: Provided further, That to
the maximum extent practicable, the Corporation shall increase
significantly the level of matching funds and in-kind contributions
provided by the private sector, shall expand significantly the num-
ber of educational awards provided under subtitle D of title I,
and shall reduce the total Federal cost per participant in all pro-
Reports. grams: Provided further, That prior to September 30, 1996, the
General Accounting Office shall report to the Congress the results
of a study of State commission programs which evaluates the cost
per participant, the commissions’ ability to oversee the programs,
and other relevant considerations.
SENSE OF CONGRESS
It is the sense of the Congress that accounting for taxpayers’
funds must be a top priority for all Federal agencies and Govern-
ment corporations. The Congress is deeply concerned about the
findings of the recent audit of the Corporation for National and
Community Service required under the Government Corporation
Control Act of 1945. The Congress urges the President to expedi-
tiously nominate a qualified Chief Financial Officer for the Corpora-
tion. Further, to the maximum extent practicable and as quickly
as possible, the Corporation should implement the recommendations
of the independent auditors contracted for by the Corporation’s
Inspector General, as well as the Chief Financial Officer, to improve
the financial management of taxpayers’ funds. Should the Chief
Financial Officer determine that additional resources are needed
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–296
to implement these recommendations, the Corporation should sub-
mit a reprogramming proposal for up to $3,000,000 to carry out
reforms of the financial management system.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$2,000,000.
COURT OF VETERANS APPEALS
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Veterans Appeals as authorized by 38 U.S.C. sections
7251–7292, $9,000,000, of which not to exceed $678,000, to remain
available until September 30, 1997, shall be available for the pur-
pose of providing financial assistance as described, and in accord-
ance with the process and reporting procedures set forth, under
this head in Public Law 102–229.
DEPARTMENT OF DEFENSE—CIVIL CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and
Soldiers’ and Airmen’s Home National Cemetery, and not to exceed
$1,000 for official reception and representation expenses;
$11,946,000, to remain available until expended.
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (CERCLA), as amended; necessary
expenses for personnel and related costs and travel expenses, includ-
ing uniforms, or allowances therefore, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to the
rate for GS–18; procurement of laboratory equipment and supplies;
other operating expenses in support of research and development;
construction, alteration, repair, rehabilitation and renovation of
facilities, not to exceed $75,000 per project; $525,000,000, which
shall remain available until September 30, 1997.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For environmental programs and management, including nec-
essary expenses, not otherwise provided for, for personnel and
related costs and travel expenses, including uniforms, or allowances
therefore, as authorized by 5 U.S.C. 5901–5902; services as author-
ized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS–18; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft; pur-
chase of reprints; library memberships in societies or associations
110 STAT. 1321–297 PUBLIC LAW 104–134—APR. 26, 1996
which issue publications to members only or at a price to members
lower than to subscribers who are not members; construction, alter-
ation, repair, rehabilitation, and renovation of facilities, not to
exceed $75,000 per project; and not to exceed $6,000 for official
reception and representation expenses; $1,677,300,000, which shall
remain available until September 30, 1997: Provided, That, notwith-
standing any other provision of law, for this fiscal year and
hereafter, an industrial discharger that is a pharmaceutical manu-
facturing facility and discharged to the Kalamazoo Water Reclama-
tion Plant (an advanced wastewater treatment plant with activated
carbon) prior to the date of enactment of this Act may be exempted
from categorical pretreatment standards under section 307(b) of
the Federal Water Pollution Control Act, as amended, if the follow-
ing conditions are met:
(1) the owner or operator of the Kalamazoo Water Reclama-
tion Plant applies to the State of Michigan for an exemption
for such industrial discharger,
(2) the State or Administrator, as applicable, approves such
exemption request based upon a determination that the Kala-
mazoo Water Reclamation Plant will provide treatment and
pollution removal equivalent to or better than that which would
be required through a combination of pretreatment by such
industrial discharger and treatment by the Kalamazoo Water
Reclamation Plant in the absence of the exemption, and
(3) compliance with paragraph (2) is addressed by the
provisions and conditions of a permit issued to the Kalamazoo
Water Reclamation Plant under section 402 of such Act, and
there exists an operative financial contract between the City
of Kalamazoo and the industrial user and an approved local
pretreatment program, including a joint monitoring program
and local controls to prevent against interference and pass
through.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, and for construction, alteration, repair, rehabilitation,
and renovation of facilities, not to exceed $75,000 per project,
$28,500,000.
BUILDINGS AND FACILITIES
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or use by, the
Environmental Protection Agency, $110,000,000, to remain avail-
able until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended, including sections 111 (c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $75,000
per project; not to exceed $1,313,400,000, to remain available until
expended, consisting of $1,063,400,000 as authorized by section
517(a) of the Superfund Amendments and Reauthorization Act of
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–298
1986 (SARA), as amended by Public Law 101–508 (of which,
$100,000,000 shall not become available until September 1, 1996),
and $250,000,000 as a payment from general revenues to the
Hazardous Substance Superfund as authorized by section 517(b)
of SARA, as amended by Public Law 101–508: Provided, That
funds appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA:
Provided further, That $11,000,000 of the funds appropriated under
this heading shall be transferred to the Office of Inspector General
appropriation to remain available until September 30, 1996: Pro-
vided further, That notwithstanding section 111(m) of CERCLA
or any other provision of law, not to exceed $59,000,000 of the
funds appropriated under this heading shall be available to the
Agency for Toxic Substances and Disease Registry to carry out
activities described in sections 104(i), 111(c)(4), and 111(c)(14) of
CERCLA and section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986: Provided further, That none of the
funds appropriated under this heading shall be available for the
Agency for Toxic Substances and Disease Registry to issue in excess
of 40 toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 1996: Provided further, That none of the funds
made available under this heading may be used by the Environ-
mental Protection Agency to propose for listing or to list any addi-
tional facilities on the National Priorities List established by section
105 of the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), as amended (42 U.S.C. 9605), unless
the Administrator receives a written request to propose for listing
or to list a facility from the Governor of the State in which the
facility is located, or unless legislation to reauthorize CERCLA
is enacted.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out leaking underground stor-
age tank cleanup activities authorized by section 205 of the
Superfund Amendments and Reauthorization Act of 1986, and for
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project, $45,827,000, to remain
available until expended: Provided, That no more than $7,000,000
shall be available for administrative expenses: Provided further,
That $500,000 shall be transferred to the Office of Inspector General
appropriation to remain available until September 30, 1996.
OIL SPILL RESPONSE
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the Environmental Protec-
tion Agency’s responsibilities under the Oil Pollution Act of 1990,
$15,000,000, to be derived from the Oil Spill Liability trust fund,
and to remain available until expended: Provided, That not more
than $8,000,000 of these funds shall be available for administrative
expenses.
110 STAT. 1321–299 PUBLIC LAW 104–134—APR. 26, 1996
STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $2,813,000,0 3 to remain available
until expended, of which $1,848,500,000 shall be for making capital-
ization grants for State revolving funds to support water infrastruc-
ture financing; $100,000,000 for architectural, engineering, design,
construction and related activities in connection with the construc-
tion of high priority water and wastewater facilities in the area
of the United States-Mexico Border, after consultation with the
appropriate border commission; $50,000,000 for grants to the State
of Texas, which shall be matched by an equal amount of State
funds from State resources, for the purpose of improving wastewater
treatment for colonias; $15,000,000 for grants to the State of Alaska,
subject to an appropriate cost share as determined by the Adminis-
trator, to address wastewater infrastructure needs of rural and
Alaska Native villages; and $141,500,000 for making grants for
the construction of wastewater treatment facilities and the develop-
ment of groundwater in accordance with the terms and conditions
specified for such grants in the Conference Reports and statements
of the managers accompanying H.R. 2099 and this Act: Provided,
33 USC 1281 That beginning in fiscal year 1996 and each fiscal year thereafter,
note. and notwithstanding any other provision of law, the Administrator
is authorized to make grants annually from funds appropriated
under this heading, subject to such terms and conditions as the
Administrator shall establish, to any State or federally recognized
Indian tribe for multimedia or single media pollution prevention,
control and abatement and related environmental activities at the
request of the Governor or other appropriate State official or the
tribe: Provided further, That from funds appropriated under this
heading, the Administrator may make grants to federally recognized
Indian governments for the development of multimedia environ-
mental programs: Provided further, That of the $1,848,500,000 for
capitalization grants for State revolving funds to support water
infrastructure financing, $500,000,000 shall be for drinking water
State revolving funds, but if no drinking water State revolving
fund legislation is enacted by August 1, 1996, these funds shall
immediately be available for making capitalization grants under
title VI of the Federal Water Pollution Control Act, as amended:
Provided further, That of the funds made available in Public Law
103–327 and in Public Law 103–124 for capitalization grants for
State revolving funds to support water infrastructure financing,
$225,000,000 shall be made available for capitalization grants for
State revolving funds under title VI of the Federal Water Pollution
Control Act, as amended, if no drinking water State revolving
fund legislation is enacted by August 1, 1996: Provided further,
That of the funds made available under this heading for capitaliza-
tion grants for State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended, $50,000,000 shall be
for wastewater treatment in impoverished communities pursuant
to section 102(d) of H.R. 961 as approved by the United States
33 USC 1281 House of Representatives on May 16, 1995: Provided further, That
note. of the funds appropriated in the Construction Grants and Water
Infrastructure/State Revolving Funds accounts since the appropria-
3 Remainder of figure missing, complete figure probably should read ‘‘$2,813,000,000’’.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–300
tion for the fiscal year ending September 30, 1992, and hereafter,
for making grants for wastewater treatment works construction
projects, portions may be provided by the recipients to States for
managing construction grant activities, on condition that the States
agree to reimburse the recipients from State funding sources: Pro-
vided further, That the funds made available in Public Law 103–
327 for a grant to the City of Mt. Arlington, New Jersey, in accord-
ance with House Report 103–715, shall be available for a grant
to that city for water and sewer improvements.
ADMINISTRATIVE PROVISIONS
SEC. 301. None of the funds provided in this Act may be
used within the Environmental Protection Agency for any final
action by the Administrator or her delegate for signing and publish-
ing for promulgation of a rule concerning any new standard for
radon in drinking water.
SEC. 302. None of the funds provided in this Act may be
used during fiscal year 1996 to sign, promulgate, implement or
enforce the requirement proposed as ‘‘Regulation of Fuels and Fuel
Additives: Individual Foreign Refinery Baseline Requirements for
Reformulated Gasoline’’ at volume 59 of the Federal Register at
pages 22800 through 22814.
SEC. 303. None of the funds appropriated under this Act may
be used to implement the requirements of section 186(b)(2), section
187(b) or section 211(m) of the Clean Air Act (42 U.S.C. 7512(b)(2),
7512a(b), or 7545(m)) with respect to any moderate nonattainment
area in which the average daily winter temperature is below 0
degrees Fahrenheit. The preceding sentence shall not be interpreted
to preclude assistance from the Environmental Protection Agency
to the State of Alaska to make progress toward meeting the carbon
monoxide standard in such areas and to resolve remaining issues
regarding the use of oxygenated fuels in such areas.
SEC. 304. Notwithstanding any other provision of law, the Michigan.
Environmental Protection Agency shall: (1) transfer all real property Public lands.
acquired in Bay City, Michigan, for the creation of the Center
for Ecology, Research and Training (CERT) to the City of Bay
City or other local public or municipal entity; and (2) make a
grant in fiscal year 1996 to the recipient of the property of not
less than $3,000,000 from funds previously appropriated for the
CERT project for the purpose of environmental remediation and
rehabilitation of real property included in the boundaries of the
CERT project. The disposition of property shall be by donation
or no-cost transfer and shall be made to the City of Bay City,
Michigan or other local public or municipal entity.
Further, notwithstanding any other provision of law, the agency
shall have the authority to demolish or dispose of any improvements
on such real property, or to donate, sell, or transfer any personal
property or improvements on such real property to members of
the general public, by auction or public sale, and to apply any
funds received to costs related to the transfer of the real property
authorized hereunder.
110 STAT. 1321–301 PUBLIC LAW 104–134—APR. 26, 1996
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 and 6671), hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference
rooms in the District of Columbia, $4,981,000: Provided, That the
Office of Science and Technology Policy shall reimburse other agen-
cies for not less than one-half of the personnel compensation costs
of individuals detailed to it.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Improvement Act of 1970 and Reorganization
Plan No. 1 of 1977, $2,150,000.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For necessary expenses in carrying out the functions of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), $222,000,000, to remain available until
expended.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For the cost of direct loans, $2,155,000, as authorized by section
319 of the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.): Provided, That such costs, includ-
ing the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out the direct
loan program, $95,000.
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, including
hire and purchase of motor vehicles (31 U.S.C. 1343); uniforms,
or allowances therefor, as authorized by 5 U.S.C. 5901–5902; serv-
ices as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for GS–
18; expenses of attendance of cooperating officials and individuals
at meetings concerned with the work of emergency preparedness;
transportation in connection with the continuity of Government
programs to the same extent and in the same manner as permitted
the Secretary of a Military Department under 10 U.S.C. 2632;
and not to exceed $2,500 for official reception and representation
expenses; $168,900,000.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–302
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $4,673,000.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For necessary expenses, not otherwise provided for, to carry
out activities under the National Flood Insurance Act of 1968,
as amended, and the Flood Disaster Protection Act of 1973, as
amended (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977, as amended (42
U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act
of 1974, as amended (15 U.S.C. 2201 et seq.), the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947, as amended
(50 U.S.C. 404–405), and Reorganization Plan No. 3 of 1978,
$203,044,000.
EMERGENCY FOOD AND SHELTER PROGRAM
Notwithstanding any other provision of law, for fiscal year
1996, there is hereby appropriated a total of $100,000,000 to the
Federal Emergency Management Agency to carry out an emergency
food and shelter program pursuant to title III of Public Law 100–
77, as amended: Provided, That total administrative costs shall
not exceed three and one-half per centum of the total appropriation.
NATIONAL FLOOD INSURANCE FUND
For activities under the National Flood Insurance Act of 1968,
the Flood Disaster Protection Act of 1973, and the National Flood
Insurance Reform Act of 1994, not to exceed $20,562,000 for salaries
and expenses associated with flood mitigation and flood insurance
operations, and not to exceed $70,464,000 for flood mitigation,
including up to $12,000,000 for expenses under section 1366 of
the National Flood Insurance Act of 1968, as amended, which
amount shall be available until September 30, 1997. In fiscal year
1996, no funds in excess of (1) $47,000,000 for operating expenses,
(2) $292,526,000 for agents’ commissions and taxes, and (3)
$3,500,000 for interest on Treasury borrowings shall be available
from the National Flood Insurance Fund without prior notice to
the Committees on Appropriations.
ADMINISTRATIVE PROVISION
The Director of the Federal Emergency Management Agency Rules.
shall promulgate through rulemaking a methodology for assessment
and collection of fees to be assessed and collected beginning in
fiscal year 1996 applicable to persons subject to the Federal Emer-
gency Management Agency’s radiological emergency preparedness
regulations. The aggregate charges assessed pursuant to this section
during fiscal year 1996 shall approximate, but not be less than,
100 per centum of the amounts anticipated by the Federal Emer-
gency Management Agency to be obligated for its radiological emer-
gency preparedness program for such fiscal year. The methodology
for assessment and collection of fees shall be fair and equitable,
110 STAT. 1321–303 PUBLIC LAW 104–134—APR. 26, 1996
and shall reflect the full amount of costs of providing radiological
emergency planning, preparedness, response and associated serv-
ices. Such fees will be assessed in a manner that reflects the
use of agency resources for classes of regulated persons and the
administrative costs of collecting such fees. Fees received pursuant
to this section shall be deposited in the general fund of the Treasury
as offsetting receipts. Assessment and collection of such fees are
only authorized during fiscal year 1996.
GENERAL SERVICES ADMINISTRATION
CONSUMER INFORMATION CENTER
For necessary expenses of the Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $2,061,000, to be
deposited into the Consumer Information Center Fund: Provided,
That the appropriations, revenues and collections deposited into
the fund shall be available for necessary expenses of Consumer
Information Center activities in the aggregate amount of $7,500,000.
Administrative expenses of the Consumer Information Center in
fiscal year 1996 shall not exceed $2,602,000. Appropriations, reve-
nues, and collections accruing to this fund during fiscal year 1996
in excess of $7,500,000 shall remain in the fund and shall not
be available for expenditure except as authorized in appropriations
Acts.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
OFFICE OF CONSUMER AFFAIRS
For necessary expenses of the Office of Consumer Affairs,
including services authorized by 5 U.S.C. 3109, $1,800,000: Pro-
vided, That notwithstanding any other provision of law, that Office
may accept and deposit to this account, during fiscal year 1996,
gifts for the purpose of defraying its costs of printing, publishing,
and distributing consumer information and educational materials;
may expend up to $1,110,000 of those gifts for those purposes,
in addition to amounts otherwise appropriated; and the balance
shall remain available for expenditure for such purposes to the
extent authorized in subsequent appropriations Acts: Provided fur-
ther, That none of the funds provided under this heading may
be made available for any other activities within the Department
of Health and Human Services.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
HUMAN SPACE FLIGHT
For necessary expenses, not otherwise provided for, in the
conduct and support of human space flight research and develop-
ment activities, including research; development; operations; serv-
ices; maintenance; construction of facilities including repair,
rehabilitation, and modification of real and personal property, and
acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; and purchase, lease,
charter, maintenance, and operation of mission and administrative
aircraft; $5,456,600,000, to remain available until September 30,
1997.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–304
SCIENCE, AERONAUTICS AND TECHNOLOGY
For necessary expenses, not otherwise provided for, for the
conduct and support of science, aeronautics, and technology research
and development activities, including research; development; oper-
ations; services; maintenance; construction of facilities including
repair, rehabilitation and modification of real and personal property,
and acquisition or condemnation of real property, as authorized
by law; space flight, spacecraft control and communications activi-
ties including operations, production, and services; and purchase,
lease, charter, maintenance, and operation of mission and adminis-
trative aircraft; $5,928,900,000, to remain available until September
30, 1997.
MISSION SUPPORT
For necessary expenses, not otherwise provided for, in carrying
out mission support for human space flight programs and science,
aeronautical, and technology programs, including research oper-
ations and support; space communications activities including
operations, production, and services; maintenance; construction of
facilities including repair, rehabilitation, and modification of facili-
ties, minor construction of new facilities and additions to existing
facilities, facility planning and design, environmental compliance
and restoration, and acquisition or condemnation of real property,
as authorized by law; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
law (5 U.S.C. 5901–5902); travel expenses; purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft;
not to exceed $35,000 for official reception and representation
expenses; and purchase (not to exceed thirty-three for replacement
only) and hire of passenger motor vehicles; $2,502,200,000, to
remain available until September 30, 1997.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $16,000,000.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Human space flight’’, ‘‘Science, aeronautics and
technology’’, or ‘‘Mission support’’ by this appropriations Act, when
any activity has been initiated by the incurrence of obligations
for construction of facilities as authorized by law, the amount avail-
able for such activity shall remain available until expended. This
provision does not apply to the amounts appropriated in ‘‘Mission
support’’ pursuant to the authorization for repair, rehabilitation
and modification of facilities, minor construction of new facilities
and additions to existing facilities, and facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Human space flight’’, ‘‘Science, aeronautics and
technology’’, or ‘‘Mission support’’ by this appropriations Act, the
amounts appropriated for construction of facilities shall remain
available until September 30, 1998.
110 STAT. 1321–305 PUBLIC LAW 104–134—APR. 26, 1996
Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Mission support’’ and ‘‘Office of Inspector Gen-
eral’’, amounts made available by this Act for personnel and related
costs and travel expenses of the National Aeronautics and Space
Administration shall remain available until September 30, 1996
and may be used to enter into contracts for training, investigations,
cost associated with personnel relocation, and for other services,
to be provided during the next fiscal year.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the appropriation
that provides funds for such activity under this Act. Balances so
transferred may be merged with funds in the newly established
account and thereafter may be accounted for as one fund to be
available for the same purposes and under the same terms and
conditions.
Upon the determination by the Administrator that such action
is necessary, the Administrator may, with the approval of the
Office of Management and Budget, transfer not to exceed
$50,000,000 of funds made available in this Act to the National
Aeronautics and Space Administration between such appropriations
or any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the appro-
priation to which transferred: Provided, That such authority to
transfer may not be used unless for higher priority items, based
on unforeseen requirements, than those for which originally appro-
Notification. priated: Provided further, That the Administrator of the National
Aeronautics and Space Administration shall notify the Congress
promptly of all transfers made pursuant to this authority.
Ante, p. 38. Notwithstanding section 202 of Public Law 104–99, section
212 of Public Law 104–99 shall remain in effect as if enacted
as part of this Act.
Within its Mission to Planet Earth program, NASA is urged
to fund Phase A studies for a radar satellite initiative.
NATIONAL CREDIT UNION ADMINISTRATION
CENTRAL LIQUIDITY FACILITY
During fiscal year 1996, gross obligations of the Central Liquid-
ity Facility for the principal amount of new direct loans to member
credit unions as authorized by the National Credit Union Central
Liquidity Facility Act (12 U.S.C. 1795) shall not exceed
$600,000,000: Provided, That administrative expenses of the
Central Liquidity Facility in fiscal year 1996 shall not exceed
$560,000.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the purposes of the
National Science Foundation Act of 1950, as amended (42 U.S.C.
1861–1875), and the Act to establish a National Medal of Science
(42 U.S.C. 1880–1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight serv-
ices for research support; acquisition of aircraft; $2,314,000,000,
of which not to exceed $235,000,000 shall remain available until
expended for Polar research and operations support, and for
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–306
reimbursement to other Federal agencies for operational and science
support and logistical and other related activities for the United
States Antarctic program; the balance to remain available until
September 30, 1997: Provided, That receipts for scientific support
services and materials furnished by the National Research Centers
and other National Science Foundation supported research facilities
may be credited to this appropriation: Provided further, That to
the extent that the amount appropriated is less than the total
amount authorized to be appropriated for included program activi-
ties, all amounts, including floors and ceilings, specified in the
authorizing Act for those program activities or their subactivities
shall be reduced proportionally.
MAJOR RESEARCH EQUIPMENT
For necessary expenses in carrying out major construction
projects, and related expenses, pursuant to the purposes of the
National Science Foundation Act of 1950, as amended (42 U.S.C.
1861–1875), $70,000,000, to remain available until expended.
ACADEMIC RESEARCH INFRASTRUCTURE
For necessary expenses in carrying out an academic research
infrastructure program pursuant to the purposes of the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861–
1875), including services as authorized by 5 U.S.C. 3109 and rental
of conference rooms in the District of Columbia, $100,000,000, to
remain available until September 30, 1997.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant
to the purposes of the National Science Foundation Act of 1950,
as amended (42 U.S.C. 1861–1875), including services as authorized
by 5 U.S.C. 3109 and rental of conference rooms in the District
of Columbia, $599,000,000, to remain available until September
30, 1997: Provided, That to the extent that the amount of this
appropriation is less than the total amount authorized to be appro-
priated for included program activities, all amounts, including floors
and ceilings, specified in the authorizing Act for those program
activities or their subactivities shall be reduced proportionally.
SALARIES AND EXPENSES
For necessary salaries and expenses in carrying out the pur-
poses of the National Science Foundation Act of 1950, as amended
(42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; not to exceed $9,000 for official recep-
tion and representation expenses; uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901–5902); rental of conference
rooms in the District of Columbia; reimbursement of the General
Services Administration for security guard services; $127,310,000:
Provided, That contracts may be entered into under salaries and
expenses in fiscal year 1996 for maintenance and operation of
facilities, and for other services, to be provided during the next
fiscal year.
110 STAT. 1321–307 PUBLIC LAW 104–134—APR. 26, 1996
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $4,490,000, to remain available until September 30,
1997.
NATIONAL SCIENCE FOUNDATION HEADQUARTERS RELOCATION
For necessary support of the relocation of the National Science
Foundation, $5,200,000: Provided, That these funds shall be used
to reimburse the General Services Administration for services and
related acquisitions in support of relocating the National Science
Foundation.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $38,667,000.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System, includ-
ing expenses of attendance at meetings and of training for uni-
formed personnel assigned to the Selective Service System, as
authorized by law (5 U.S.C. 4101–4118) for civilian employees;
and not to exceed $1,000 for official reception and representation
expenses; $22,930,000: Provided, That during the current fiscal
year, the President may exempt this appropriation from the provi-
sions of 31 U.S.C. 1341, whenever he deems such action to be
necessary in the interest of national defense: Provided further,
That none of the funds appropriated by the Act may be expended
for or in connection with the induction of any person into the
Armed Forces of the United States.
TITLE IV
CORPORATIONS
Corporations and agencies of the Department of Housing and
Urban Development which are subject to the Government Corpora-
tion Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with
law, and to make such contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Act
as may be necessary in carrying out the programs set forth in
the budget for 1996 for such corporation or agency except as herein-
after provided: Provided, That collections of these corporations and
agencies may be used for new loan or mortgage purchase commit-
ments only to the extent expressly provided for in this Act (unless
such loans are in support of other forms of assistance provided
for in this or prior appropriations Acts), except that this proviso
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–308
shall not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United States
Government.
RESOLUTION TRUST CORPORATION
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $11,400,000.
TITLE V
GENERAL PROVISIONS
SEC. 501. Where appropriations in titles I, II, and III of this
Act are expendable for travel expenses and no specific limitation
has been placed thereon, the expenditures for such travel expenses
may not exceed the amounts set forth therefor in the budget esti-
mates submitted for the appropriations: Provided, That this section
shall not apply to travel performed by uncompensated officials
of local boards and appeal boards of the Selective Service System;
to travel performed directly in connection with care and treatment
of medical beneficiaries of the Department of Veterans Affairs;
to travel performed in connection with major disasters or emer-
gencies declared or determined by the President under the provi-
sions of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act; to travel performed by the Offices of Inspector
General in connection with audits and investigations; or to pay-
ments to interagency motor pools where separately set forth in
the budget schedules: Provided further, That if appropriations in
titles I, II, and III exceed the amounts set forth in budget estimates
initially submitted for such appropriations, the expenditures for
travel may correspondingly exceed the amounts therefor set forth
in the estimates in the same proportion.
SEC. 502. Appropriations and funds available for the adminis-
trative expenses of the Department of Housing and Urban Develop-
ment and the Selective Service System shall be available in the
current fiscal year for purchase of uniforms, or allowances therefor,
as authorized by law (5 U.S.C. 5901–5902); hire of passenger motor
vehicles; and services as authorized by 5 U.S.C. 3109.
SEC. 503. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment
for services and facilities of Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan
Mortgage Corporation, Federal Financing Bank, Resolution Trust
Corporation, Federal Reserve banks or any member thereof, Federal
Home Loan banks, and any insured bank within the meaning
of the Federal Deposit Insurance Corporation Act, as amended
(12 U.S.C. 1811–1831).
SEC. 504. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 505. No funds appropriated by this Act may be expended—
110 STAT. 1321–309 PUBLIC LAW 104–134—APR. 26, 1996
(1) pursuant to a certification of an officer or employee
of the United States unless—
(A) such certification is accompanied by, or is part
of, a voucher or abstract which describes the payee or
payees and the items or services for which such expenditure
is being made, or
(B) the expenditure of funds pursuant to such certifi-
cation, and without such a voucher or abstract, is specifi-
cally authorized by law; and
(2) unless such expenditure is subject to audit by the Gen-
eral Accounting Office or is specifically exempt by law from
such audit.
SEC. 506. None of the funds provided in this Act to any depart-
ment or agency may be expended for the transportation of any
officer or employee of such department or agency between his
domicile and his place of employment, with the exception of any
officer or employee authorized such transportation under title 31,
United States Code, section 1344.
SEC. 507. None of the funds provided in this Act may be
used for payment, through grants or contracts, to recipients that
do not share in the cost of conducting research resulting from
proposals not specifically solicited by the Government: Provided,
That the extent of cost sharing by the recipient shall reflect the
mutuality of interest of the grantee or contractor and the Govern-
ment in the research.
SEC. 508. None of the funds provided in this Act may be
used, directly or through grants, to pay or to provide reimbursement
for payment of the salary of a consultant (whether retained by
the Federal Government or a grantee) at more than the daily
equivalent of the rate paid for Level IV of the Executive Schedule,
unless specifically authorized by law.
SEC. 509. None of the funds in this Act shall be used to
pay the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing
herein affects the authority of the Consumer Product Safety
Commission pursuant to section 7 of the Consumer Product Safety
Act (15 U.S.C. 2056 et seq.).
Contracts. SEC. 510. Except as otherwise provided under existing law
Public or under an existing Executive order issued pursuant to an existing
information. law, the obligation or expenditure of any appropriation under this
Act for contracts for any consulting service shall be limited to
contracts which are (1) a matter of public record and available
for public inspection, and (2) thereafter included in a publicly avail-
able list of all contracts entered into within twenty-four months
prior to the date on which the list is made available to the public
and of all contracts on which performance has not been completed
Records. by such date. The list required by the preceding sentence shall
be updated quarterly and shall include a narrative description
of the work to be performed under each such contract.
SEC. 511. Except as otherwise provided by law, no part of
any appropriation contained in this Act shall be obligated or
expended by any executive agency, as referred to in the Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) for a
contract for services unless such executive agency (1) has awarded
and entered into such contract in full compliance with such Act
and the regulations promulgated thereunder, and (2) requires any
report prepared pursuant to such contract, including plans, evalua-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–310
tions, studies, analyses and manuals, and any report prepared
by the agency which is substantially derived from or substantially
includes any report prepared pursuant to such contract, to contain
information concerning (A) the contract pursuant to which the
report was prepared, and (B) the contractor who prepared the
report pursuant to such contract.
SEC. 512. Except as otherwise provided in section 506, none
of the funds provided in this Act to any department or agency
shall be obligated or expended to provide a personal cook, chauffeur,
or other personal servants to any officer or employee of such depart-
ment or agency.
SEC. 513. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated
miles per gallon average of less than 22 miles per gallon.
SEC. 514. Such sums as may be necessary for fiscal year 1996
pay raises for programs funded by this Act shall be absorbed within
the levels appropriated in this Act.
SEC. 515. None of the funds appropriated in title I of this Reports.
Act shall be used to enter into any new lease of real property
if the estimated annual rental is more than $300,000 unless the
Secretary submits, in writing, a report to the Committees on Appro-
priations of the Congress and a period of 30 days has expired
following the date on which the report is received by the Committees
on Appropriations.
SEC. 516. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
SEC. 517. None of the funds appropriated in this Act may
be used to implement any cap on reimbursements to grantees
for indirect costs, except as published in Office of Management
and Budget Circular A–21.
SEC. 518. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 519. In fiscal year 1996, the Director of the Federal Emer-
gency Management Agency shall sell the disaster housing inventory
of mobile homes and trailers, and the proceeds thereof shall be
deposited in the Treasury.
SEC. 520. Such funds as may be necessary to carry out the Government
orderly termination of the Office of Consumer Affairs shall be organization.
made available from funds appropriated to the Department of
Health and Human Services for fiscal year 1996.
SEC. 521. Upon enactment of this Act, the provisions of section
201(b) of Public Law 104–99, except the last proviso, are superseded. Ante, p. 36.
This Act may be cited as the ‘‘Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1996’’.
110 STAT. 1321–311 PUBLIC LAW 104–134—APR. 26, 1996
Supplemental TITLE II—SUPPLEMENTAL APPROPRIATIONS FOR THE
Appropriations FISCAL YEAR ENDING SEPTEMBER 30, 1996
Act of 1996.
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FOOD SAFETY AND INSPECTION SERVICE
Of the funds appropriated by Public Law 104–37 or otherwise
made available to the Food Safety and Inspection Service for fiscal
year 1996, not less than $363,000,000 shall be available for salaries
Certification. and benefits of in-plant personnel: Provided, That this limitation
shall not apply if the Secretary of Agriculture certifies to the House
and Senate Committees on Appropriations that a lesser amount
will be adequate to fully meet in-plant inspection requirements
for the fiscal year.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood Prevention
Operations’’ to repair damages to waterways and watersheds result-
ing from flooding in the Pacific Northwest, the Northeast blizzards
and floods, and other natural disasters, $80,514,000, to remain
available until expended: Provided, That if the Secretary determines
that the cost of land and farm structures restoration exceeds the
fair market value of an affected cropland, the Secretary may use
sufficient amounts, not to exceed $7,288,000, from funds provided
under this heading to accept bids from willing sellers to provide
conservation easements for such cropland inundated by floods as
provided for by the Wetlands Reserve Program, authorized by sub-
chapter C of chapter 1 of subtitle D of title XII of the Food Security
President. Act of 1985 (16 U.S.C. 3837): Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $80,514,000, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to Congress:
Provided further, That the entire amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
CONSOLIDATED FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For necessary expenses to carry into effect the program author-
ized in sections 401, 402, and 404 of title IV of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201–2205) for expenses resulting
from floods in the Pacific Northwest and other natural disasters,
$30,000,000, to remain available until expended, as authorized by
16 U.S.C. 2204: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–312
RURAL HOUSING AND COMMUNITY DEVELOPMENT SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for ‘‘Rural housing insurance fund
program account’’ for the additional cost of direct loans, including
the cost of modifying loans as defined in section 502 of the Congres-
sional Budget Act of 1974, for emergency expenses resulting from
flooding in the Pacific Northwest, the Northeast blizzards and
floods, Hurricane Marilyn, and other natural disasters, to be avail-
able from funds in the rural housing insurance fund as follows:
$5,000,000 for section 502 direct loans and $1,500,000 for section
504 housing repair loans, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
VERY LOW-INCOME HOUSING REPAIR GRANTS
For an additional amount for ‘‘Very low-income housing repair
grants’’ under section 504 of the Housing Act of 1949, as amended,
for emergency expenses resulting from flooding in the Pacific North-
west, the Northeast blizzards and floods, Hurricane Marilyn, and
other natural disasters, $1,100,000, to remain available until
expended: Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
RURAL UTILITIES SERVICE
RURAL UTILITIES ASSISTANCE PROGRAM
For an additional amount for the ‘‘Rural Utilities Assistance
Program’’ for the cost of direct loans and grants, including the
cost of modifying loans as defined in section 502 of the Congres-
sional Budget Act of 1974, to assist in the recovery from flooding
in the Pacific Northwest and other natural disasters, $11,000,000,
to remain available until expended: Provided, That such funds
may be available for emergency community water assistance grants
as authorized by 7 U.S.C. 1926b: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS
SECTION 2001. SEAFOOD SAFETY.
Notwithstanding any other provision of law, any domestic fish
or fish product produced in compliance with food safety standards
or procedures accepted by the Food and Drug Administration as
satisfying the requirements of the ‘‘Procedures for the Safe and
Sanitary Processing and Importing of Fish and Fish Products’’
(published by the Food and Drug Administration as a final regula-
tion in the Federal Register of December 18, 1995), shall be deemed
to have met any inspection requirements of the Department of
Agriculture or other Federal agency for any Federal commodity
110 STAT. 1321–313 PUBLIC LAW 104–134—APR. 26, 1996
purchase program, including the program authorized under section
32 of the Act of August 24, 1935 (7 U.S.C. 612c) except that
the Department of Agriculture or other Federal agency may utilize
lot inspection to establish a reasonable degree of certainty that
fish or fish products purchased under a Federal commodity purchase
program, including the program authorized under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c), meet Federal product
specifications.
7 USC 1941 note. SEC. 2002.
Notwithstanding any other provision of law, the Secretary of
Agriculture is hereby authorized to make or guarantee an operating
loan under Subtitle B or an emergency loan under Subtitle C
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1922 et. seq.), as in effect prior to April 4, 1996, to a loan applicant
who was less than 90 days delinquent on April 4, 1996, if the
loan applicant had submitted an application for the loan prior
to April 5, 1996.
FDA Export CHAPTER 1A
Reform and
Enhancement FOOD AND DRUG EXPORT REFORM
Act of 1996.
SEC. 2101. SHORT TITLE; REFERENCE.
21 USC 301 note. (a) SHORT TITLE.—This chapter may be cited as the ‘‘FDA
Export Reform and Enhancement Act of 1996’’.
(b) REFERENCE.—Wherever in this chapter (other than in sec-
tion 2104) an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the ref-
erence shall be considered to be made to a section or other provision
of the Federal Food, Drug, and Cosmetic Act. (21 U.S.C. 321 et
seq.)
SEC. 2102. EXPORT OF DRUGS AND DEVICES.
(a) IMPORTS FOR EXPORT.—Section 801 (21 U.S.C. 381) is
amended—
(1) in subsection (d), by adding at the end thereof the
following:
‘‘(3) No component of a drug, no component part or accessory
of a device which is ready or suitable for use for health-related
purposes, and no food additive, color additive, or dietary supple-
ment, including a product in bulk form, shall be excluded from
importation into the United States under subsection (a) if—
‘‘(A) the importer of such article of a drug or device or
importer of the food additive, color additive, or dietary supple-
ment submits a statement to the Secretary, at the time of
initial importation, that such article of a drug or device, food
additive, color additive, or dietary supplement is intended to
be incorporated by the initial owner or consignee into a drug,
biological product, device, food, food additive, color additive,
or dietary supplement that will be exported by such owner
or consignee from the United States in accordance with section
801(e) or 802 or section 351(h) of the Public Health Service
Act;
Records. ‘‘(B) the initial owner or consignee responsible for such
Reports. imported article maintains records that identify the use of
such imported article and upon request of the Secretary submits
a report that provides an accounting of the exportation or
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–314
the disposition of the imported article, including portions that
have been destroyed, and the manner in which such person
complied with the requirements of this paragraph; and
‘‘(C) any imported component, part, or accessory of a drug
or device and any food additive, color additive, or dietary
supplement not incorporated as described in subparagraph (A)
is destroyed or exported by the owner or consignee.
‘‘(4) The importation into the United States of blood, blood
components, source plasma, or source leukocytes or of a component,
accessory, or part thereof is not permitted pursuant to paragraph
(3) unless the importation complies with section 351(a) of the Public
Health Service Act or the Secretary permits the importation under
appropriate circumstances and conditions, as determined by the
Secretary. The importation of tissue or a component or part of
tissue is not permitted pursuant to paragraph (3) unless the
importation complies with section 361 of the Public Health Service
Act.’’;
(b) EXPORT OF CERTAIN PRODUCTS.—Section 801 (21 U.S.C.
381) is amended—
(1) in subsection (e)(1), by striking the second sentence;
(2) in subsection (e)(2)—
(A) by striking ‘‘the Secretary’’ and inserting ‘‘either
(i) the Secretary’’; and
(B) by inserting before the period at the end thereof
the following: ‘‘or (ii) the device is eligible for export under
section 802’’; and
(3) in subsection (e), by adding at the end thereof the
following:;
‘‘(3) A new animal drug that requires approval under section
512 shall not be exported pursuant to paragraph (1) if such drug
has been banned in the United States.
‘‘(4)(A) Any person who exports a drug, animal drug, or device
may request that the Secretary—
‘‘(i) certify in writing that the exported drug, animal drug,
or device meets the requirements of paragraph (1) or section
802; or
‘‘(ii) certify in writing that the drug, animal drug, or device
being exported meets the applicable requirements of this Act
upon a showing that the drug or device meets the applicable
requirements of this Act.
The Secretary shall issue such a certification within 20 days of Certification.
the receipt of a request for such certification.
‘‘(B) If the Secretary issues a written export certification within
the 20 days prescribed by subparagraph (A), a fee for such certifi-
cation may be charged but shall not exceed $175 for each certifi-
cation. Fees collected for a fiscal year pursuant to this subparagraph
shall be credited to the appropriation account for salaries and
expenses of the Food and Drug Administration and shall be avail-
able in accordance with appropriations Acts until expended without
fiscal year limitation. Such fees shall be collected in each fiscal
year in an amount equal to the amount specified in appropriations
Acts for such fiscal year and shall only be collected and available
for the costs of the Food and Drug Administration.’’.
(c) LABELING OF EXPORTED DRUGS.—Section 801 (21 U.S.C.
381) is amended by adding at the end the following:
‘‘(f)(1) If a drug being exported in accordance with subsection
(e) is being exported to a country that has different or additional
110 STAT. 1321–315 PUBLIC LAW 104–134—APR. 26, 1996
labeling requirements or conditions for use and such country
requires the drug to be labeled in accordance with those require-
ments or uses, such drug may be labeled in accordance with such
requirements and conditions for use in the country to which such
drug is being exported if it also is labeled in accordance with
the requirements of this Act.
‘‘(2) If, pursuant to paragraph (1), the labeling of an exported
drug includes conditions for use that have not been approved under
this Act, the labeling must state that such conditions for use have
not been approved under this Act.’’.
(d) EXPORT OF CERTAIN UNAPPROVED DRUGS AND DEVICES.—
(1) AMENDMENT.—Section 802 (21 U.S.C. 382) is amended
to read as follows:
‘‘EXPORTS OF CERTAIN UNAPPROVED PRODUCTS
‘‘SEC. 802. (a) A drug or device—
‘‘(1) which, in the case of a drug—
‘‘(A)(i) requires approval by the Secretary under section
505 before such drug may be introduced or delivered for
introduction into interstate commerce; or
‘‘(ii) requires licensing by the Secretary under section
351 of the Public Health Service Act or by the Secretary
of Agriculture under the Act of March 4, 1913 (known
as the Virus-Serum Toxin Act) before it may be introduced
or delivered for introduction into interstate commerce;
‘‘(B) does not have such approval or license; and
‘‘(C) is not exempt from such sections or Act; and
‘‘(2) which, in the case of a device—
‘‘(A) does not comply with an applicable requirement
under section 514 or 515;
‘‘(B) under section 520(g) is exempt from either such
section; or
‘‘(C) is a banned device under section 516, is adulter-
ated, misbranded, and in violation of such sections or Act
unless the export of the drug or device is, except as provided
in subsection (f), authorized under subsection (b), (c), (d),
or (e) or section 801(e)(2). If a drug or device described
in paragraphs (1) and (2) may be exported under subsection
(b) and if an application for such drug or device under
section 505 or 515 or section 351 of the Public Health
Service Act was disapproved, the Secretary shall notify
the appropriate public health official of the country to
which such drug will be exported of such disapproval.
‘‘(b)(1)(A) A drug or device described in subsection (a) may
be exported to any country, if the drug or device complies with
the laws of that country and has valid marketing authorization
by the appropriate authority—
‘‘(i) in Australia, Canada, Israel, Japan, New Zealand,
Switzerland, or South Africa; or
‘‘(ii) in the European Union or a country in the European
Economic Area (the countries in the European Union and the
European Free Trade Association) if the drug or device is
marketed in that country or the drug or device is authorized
for general marketing in the European Economic Area.
‘‘(B) The Secretary may designate an additional country to
be included in the list of countries described in clauses (i) and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–316
(ii) of subparagraph (A) if all of the following requirements are
met in such country:
‘‘(i) Statutory or regulatory requirements which require
the review of drugs and devices for safety and effectiveness
by an entity of the government of such country and which
authorize the approval of only those drugs and devices which
have been determined to be safe and effective by experts
employed by or acting on behalf of such entity and qualified
by scientific training and experience to evaluate the safety
and effectiveness of drugs and devices on the basis of adequate
and well-controlled investigations, including clinical investiga-
tions, conducted by experts qualified by scientific training and
experience to evaluate the safety and effectiveness of drugs
and devices.
‘‘(ii) Statutory or regulatory requirements that the methods
used in, and the facilities and controls used for—
‘‘(I) the manufacture, processing, and packing of drugs
in the country are adequate to preserve their identity,
quality, purity, and strength; and
‘‘(II) the manufacture, preproduction design validation,
packing, storage, and installation of a device are adequate
to assure that the device will be safe and effective.
‘‘(iii) Statutory or regulatory requirements for the reporting
of adverse reactions to drugs and devices and procedures to
withdraw approval and remove drugs and devices found not
to be safe or effective.
‘‘(iv) Statutory or regulatory requirements that the labeling
and promotion of drugs and devices must be in accordance
with the approval of the drug or device.
‘‘(v) The valid marketing authorization system in such coun-
try or countries is equivalent to the systems in the countries
described in clauses (i) and (ii) of subparagraph (A).
The Secretary shall not delegate the authority granted under this
subparagraph.
‘‘(C) An appropriate country official, manufacturer, or exporter
may request the Secretary to take action under subparagraph (B)
to designate an additional country or countries to be added to
the list of countries described in clauses (i) and (ii) of subparagraph
(A) by submitting documentation to the Secretary in support of
such designation. Any person other than a country requesting such
designation shall include, along with the request, a letter from
the country indicating the desire of such country to be designated.
‘‘(2) A drug described in subsection (a) may be directly exported
to a country which is not listed in clause (i) or (ii) of paragraph
(1)(A) if—
‘‘(A) the drug complies with the laws of that country and
has valid marketing authorization by the responsible authority
in that country; and
‘‘(B) the Secretary determines that all of the following
requirements are met in that country:
‘‘(i) Statutory or regulatory requirements which require
the review of drugs for safety and effectiveness by an
entity of the government of such country and which author-
ize the approval of only those drugs which have been
determined to be safe and effective by experts employed
by or acting on behalf of such entity and qualified by
scientific training and experience to evaluate the safety
110 STAT. 1321–317 PUBLIC LAW 104–134—APR. 26, 1996
and effectiveness of drugs on the basis of adequate and
well-controlled investigations, including clinical investiga-
tions, conducted by experts qualified by scientific training
and experience to evaluate the safety and effectiveness
of drugs.
‘‘(ii) Statutory or regulatory requirements that the
methods used in, and the facilities and controls used for
the manufacture, processing, and packing of drugs in the
country are adequate to preserve their identity, quality,
purity, and strength.
‘‘(iii) Statutory or regulatory requirements for the
reporting of adverse reactions to drugs and procedures
to withdraw approval and remove drugs found not to be
safe or effective.
‘‘(iv) Statutory or regulatory requirements that the
labeling and promotion of drugs must be in accordance
with the approval of the drug.
‘‘(3) The exporter of a drug described in subsection (a) which
would not meet the conditions for approval under this Act or condi-
tions for approval of a country described in clause (i) or (ii) of
paragraph (1)(A) may petition the Secretary for authorization to
export such drug to a country which is not described in clause
(i) or (ii) of paragraph (1)(A) or which is not described in paragraph
(2). The Secretary shall permit such export if—
‘‘(A) the person exporting the drug—
‘‘(i) certifies that the drug would not meet the condi-
tions for approval under this Act or the conditions for
approval of a country described in clause (i) or (ii) of
paragraph (1)(A); and
‘‘(ii) provides the Secretary with credible scientific evi-
dence, acceptable to the Secretary, that the drug would
be safe and effective under the conditions of use in the
country to which it is being exported; and
‘‘(B) the appropriate health authority in the country to
which the drug is being exported—
‘‘(i) requests approval of the export of the drug to
such country;
‘‘(ii) certifies that the health authority understands
that the drug is not approved under this Act or in a
country described in clause (i) or (ii) of paragraph (1)(A);
and
‘‘(iii) concurs that the scientific evidence provided
pursuant to subparagraph (A) is credible scientific evidence
that the drug would be reasonably safe and effective in
such country.
The Secretary shall take action on a request for export of a drug
under this paragraph within 60 days of receiving such request.
‘‘(c) A drug or device intended for investigational use in any
country described in clause (i) or (ii) of subsection (b)(1)(A) may
be exported in accordance with the laws of that country and shall
be exempt from regulation under section 505(i) or 520(g).
‘‘(d) A drug or device intended for formulation, filling, packag-
ing, labeling, or further processing in anticipation of market
authorization in any country described in clause (i) or (ii) of sub-
section (b)(1)(A) may be exported for use in accordance with the
laws of that country.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–318
‘‘(e)(1) A drug or device which is used in the diagnosis, preven-
tion, or treatment of a tropical disease or another disease not
of significant prevalence in the United States and which does not
otherwise qualify for export under this section shall, upon approval
of an application, be permitted to be exported if the Secretary
finds that the drug or device will not expose patients in such
country to an unreasonable risk of illness or injury and the probable
benefit to health from the use of the drug or device (under conditions
of use prescribed, recommended, or suggested in the labeling or
proposed labeling of the drug or device) outweighs the risk of
injury or illness from its use, taking into account the probable
risks and benefits of currently available drug or device treatment.
‘‘(2) The holder of an approved application for the export of Reports.
a drug or device under this subsection shall report to the Sec-
retary—
‘‘(A) the receipt of any credible information indicating that
the drug or device is being or may have been exported from
a country for which the Secretary made a finding under para-
graph (1)(A) to a country for which the Secretary cannot make
such a finding; and
‘‘(B) the receipt of any information indicating adverse reac-
tions to such drug.
‘‘(3)(A) If the Secretary determines that—
‘‘(i) a drug or device for which an application is approved
under paragraph (1) does not continue to meet the requirements
of such paragraph; or
‘‘(ii) the holder of an approved application under paragraph
(1) has not made the report required by paragraph (2),
the Secretary may, after providing the holder of the application
an opportunity for an informal hearing, withdraw the approved
application.
‘‘(B) If the Secretary determines that the holder of an approved
application under paragraph (1) or an importer is exporting a
drug or device from the United States to an importer and such
importer is exporting the drug or device to a country for which
the Secretary cannot make a finding under paragraph (1) and
such export presents an imminent hazard, the Secretary shall imme-
diately prohibit the export of the drug or device to such importer,
provide the person exporting the drug or device from the United
States prompt notice of the prohibition, and afford such person
an opportunity for an expedited hearing.
‘‘(f) A drug or device may not be exported under this section—
‘‘(1) if the drug or device is not manufactured, processed,
packaged, and held in substantial conformity with current good
manufacturing practice requirements or does not meet inter-
national standards as certified by an international standards
organization recognized by the Secretary;
‘‘(2) if the drug or device is adulterated under clause (1),
(2)(A), or (3) of section 501(a) or subsection (c) or (d) of section
501;
‘‘(3) if the requirements of subparagraphs (A) through (D)
of section 801(e)(1) have not been met;
‘‘(4)(A) if the drug or device is the subject of a notice
by the Secretary or the Secretary of Agriculture of a determina-
tion that the probability of reimportation of the exported drug
or device would present an imminent hazard to the public
health and safety of the United States and the only means
110 STAT. 1321–319 PUBLIC LAW 104–134—APR. 26, 1996
of limiting the hazard is to prohibit the export of the drug
or device; or
‘‘(B) if the drug or device presents an imminent hazard
to the public health of the country to which the drug or device
would be exported;
‘‘(5) if the drug or device is not labeled—
‘‘(A) in accordance with the requirements and condi-
tions for use in—
‘‘(i) the country in which the drug or device
received valid marketing authorization under sub-
section (b); and
‘‘(ii) the country to which the drug or device would
be exported; and
‘‘(B) in the language and units of measurement of
the country to which the drug or device would be exported
or in the language designated by such country; or
‘‘(6) if the drug or device is not promoted in accordance
with the labeling requirements set forth in paragraph (5).
In making a finding under paragraph (4)(B), (5), or (6) the Secretary
shall consult with the appropriate public health official in the
affected country.
‘‘(g) The exporter of a drug or device exported under subsection
(b)(1) shall provide a simple notification to the Secretary identifying
the drug or device when the exporter first begins to export such
drug or device to any country listed in clause (i) or (ii) of subsection
(b)(1)(A). When an exporter of a drug or device first begins to
export a drug or device to a country which is not listed in clause
(i) or (ii) of subsection (b)(1)A), the exporter shall provide a simple
notification to the Secretary identifying the drug or device and
Records. the country to which such drug or device is being exported. Any
exporter of a drug or device shall maintain records of all drugs
or devices exported and the countries to which they were exported.
‘‘(h) For purposes of this section—
‘‘(1) a reference to the Secretary shall in the case of a
biological product which is required to be licensed under the
Act of March 4, 1913 (37 Stat. 832–833) (commonly known
as the Virus-Serum Toxin Act) be considered to be a reference
to the Secretary of Agriculture, and
‘‘(2) the term ‘drug’ includes drugs for human use as well
as biologicals under section 351 of the Public Health Service
Act or the Act of March 4, 1913 (37 Stat. 832–833) (commonly
known as the Virus-Serum Toxin Act).’’.
(2) CONFORMING AMENDMENTS.—Section 351(h) of the Pub-
lic Health Service Act (42 U.S.C. 262(h)) is amended by striking
‘‘802(b)(A)’’ and inserting ‘‘802(b)(1)’’ and by striking ‘‘802(b)(4)’’
and inserting ‘‘802(b)(1)’’.
SEC. 2103. PROHIBITED ACT.
Section 301 (21 U.S.C. 331) is amended—
(1) by redesignating the second subsection (u) as subsection
(v); and
(2) by adding at the end thereof the following:
‘‘(w) The making of a knowingly false statement in any record
or report required or requested under subparagraph (A) or (B)
of section 801(d)(3), the failure to submit or maintain records as
required by sections 801(d)(3)(A) and 801(d)(3)(B), the release into
interstate commerce of any article imported into the United States
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–320
under section 801(d)(3) or any finished product made from such
article (except for export in accordance with section 801(e) or 802
or section 351(h) of the Public Health Service Act), or the failure
to export or destroy any component, part or accessory not incor-
porated into a drug, biological product or device that will be
exported in accordance with section 801(e) or 802 or section 351(h)
of the Public Health Service Act.’’.
SEC. 2104. PARTIALLY PROCESSED BIOLOGICAL PRODUCTS.
Subsection (h) of section 351 of the Public Health Service Act
(42 U.S.C. 262) is amended to read as follows:
‘‘(h) A partially processed biological product which—
‘‘(1) is not in a form applicable to the prevention, treatment,
or cure of diseases or injuries of man;
‘‘(2) is not intended for sale in the United States; and
‘‘(3) is intended for further manufacture into final dosage
form outside the United States,
shall be subject to no restriction on the export of the product
under this Act or the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321 et. seq.) if the product is manufactured, processed,
packaged, and held in conformity with current good manufacturing
practice requirements or meets international manufacturing stand-
ards as certified by an international standards organization recog-
nized by the Secretary and meets the requirements of section
801(e)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381(e)).’’.
SEC. 2105. (a) IN GENERAL.—Any owner on the date of enact-
ment of this Act of the right to market a nonsteroidal
antiinflammatory drug that—
(1) contains a previously patented active agent;
(2) has been reviewed by the Federal Food and Drug
Administration for a period of more than 120 months as a
new drug application; and
(3) was approved as safe and effective by the Federal
Food and Drug Administration on October 29, 1992,
shall be entitled, for the 2-year period beginning on October 29,
1997, to exclude others from making, using, offering for sale, selling,
or importing into the United States such active agent, in accordance
with section 154(a)(1) of title 35, United States Code.
(b) INFRINGEMENT.—Section 271 of title 35, United States Code
shall apply to the infringement of the entitlement provided under
subsection (a). No application described in section 271(e)(2)(A) of
title 35, United States Code, regardless of purpose, may be submit-
ted prior to the expiration of the entitlement provided under sub-
section (a).
(c) NOTIFICATION.—Not later than 30 days after the date of
the enactment of this Act, any owner granted an entitlement under
subsection (a) shall notify the Commissioner of Patents and Trade-
marks and the Secretary for Health and Human Services of such
entitlement. Not later than 7 days after the receipt of such notice, Publication.
the Commissioner and the Secretary shall publish an appropriate
notice of the receipt of such notice.
110 STAT. 1321–321 PUBLIC LAW 104–134—APR. 26, 1996
CHAPTER 2
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for emergency expenses including
mitigation relating to flooding and other natural disasters,
$18,000,000, to remain available until expended, for grants and
related expenses pursuant to the Public Works and Economic Devel-
opment Act of 1965, as amended, and for administrative expenses
which may be transferred to and merged with the appropriations
for ‘‘Salaries and expenses’’: Provided, That the entire amount is
hereby designated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an official
budget request, for a specific dollar amount, that includes designa-
tion of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to Congress.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for emergency
expenses resulting from flooding in the Pacific Northwest and other
natural disasters, $7,500,000, to remain available until expended:
Provided, That the entire amount is hereby designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
RELATED AGENCY
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
For an additional amount for ‘‘Disaster Loans Program
Account’’, $71,000,000 for the cost of direct loans, to remain avail-
able until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974; and for administrative
expenses to carry out the disaster loan program, $29,000,000, to
remain available until expended: Provided, That both amounts are
hereby designated by Congress as emergency requirements pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–322
CHAPTER 3
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
GENERAL INVESTIGATIONS
Any funds heretofore appropriated and made available in Public
Law 102–104 and Public Law 102–377 to carry out the provisions
for the project for navigation, St. Louis Harbor, Missouri and Illi-
nois; may be utilized by the Secretary of the Army in carrying
out the Upper Mississippi and Illinois Waterway System Navigation
Study, Iowa, Illinois, Missouri, Wisconsin, Minnesota, in fiscal year
1996 or until expended.
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Maintenance,
General’’, for the Northeast and Northwest floods of 1996,
$30,000,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and Coastal Emer-
gencies’’, for the Northeast and Northwest floods of 1996 and other
disasters, and to replenish funds transferred pursuant to Public
Law 84–99, $135,000,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(D)(2)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
CONSTRUCTION PROGRAM
For an additional amount for ‘‘Construction Program’’,
$9,000,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(D)(2)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
OTHER DEFENSE ACTIVITIES
For an additional amount for ‘‘Other Defense Activities’’, for
the Materials Protection, Control and Accounting program,
$15,000,000 to remain available until expended, not withstanding
any other provision of law.
110 STAT. 1321–323 PUBLIC LAW 104–134—APR. 26, 1996
POWER MARKETING ADMINISTRATIONS
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
(TRANSFER OF FUNDS)
$5,500,000 of funds appropriated under this heading in the
Energy and Water Development Appropriations Act, 1995 (Public
Law 103–316), shall be transferred to the appropriation account
‘‘Operation and Maintenance, Alaska Power Administration’’, to
remain available until expended, only for necessary termination
expenses.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS
FUNDS APPROPRIATED TO THE PRESIDENT
UNANTICIPATED NEEDS
UNANTICIPATED NEEDS FOR DEFENSE OF ISRAEL AGAINST
TERRORISM
For emergency expenses necessary to meet unanticipated needs
for the acquisition and provision of goods, services, and/or grants
for Israel necessary to support the eradication of terrorism in and
around Israel, $50,000,000: Provided, That none of the funds appro-
priated in this paragraph shall be available for obligation except
through the regular notification procedures of the Committees on
Appropriations: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended.
MILITARY ASSISTANCE
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Financing Pro-
gram’’ for grants for Jordan pursuant to section 23 of the Arms
Export Control Act, $70,000,000: Provided, That such funds may
be used for Jordan to finance transfers by lease of defense articles
under chapter 6 of such Act.
CHAPTER 5
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
CONSTRUCTION AND ACCESS
For an additional amount for ‘‘Construction and Access’’,
$5,000,000, to remain available until expended, to repair roads,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–324
culverts, bridges, facilities, fish and wildlife protective structures,
and recreation sites, damaged due to the Pacific Northwest flooding:
Provided, That Congress hereby designates this amount as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That $758,000 of this amount shall President.
be available only to the extent an official budget request, for a
specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for ‘‘Oregon and California Grant
Lands’’, $35,000,000, to remain available until expended, to repair
roads, culverts, bridges, facilities, fish and wildlife protective struc-
tures, and recreation sites, damaged due to the Pacific Northwest
flooding: Provided, That Congress hereby designates this amount
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $15,452,000 of this amount President.
shall be available only to the extent an official budget request,
for a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for Resource Management,
$1,600,000, to remain available until expended, to provide technical
assistance to the Natural Resource Conservation Service, the Fed-
eral Emergency Management Agency, the United States Army
Corps of Engineers and other agencies on fish and wildlife habitat
issues related to damage caused by floods, storms and other acts
of nature: Provided, That the entire amount shall be available
only to the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to Congress: Provided further, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $37,300,000, to
remain available until expended, to repair damage caused by hurri-
canes, floods and other acts of nature, and to protect natural
resources Provided, That Congress hereby designates this amount
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
110 STAT. 1321–325 PUBLIC LAW 104–134—APR. 26, 1996
President. as amended: Provided further, That $16,795,000 of this amount
shall be available only to the extent an official budget request,
for a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $47,000,000, to
remain available until expended, to repair damage caused by hurri-
canes, floods and other acts of nature: Provided that Congress
hereby designates this amount as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
President. Deficit Control Act of 1985, as amended: Provided further, That
$13,399,000 of this amount shall be available only to the extent
an official budget request, for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, investigations, and
research’’, $2,000,000, to remain available until September 30, 1997,
for the costs related to hurricanes, floods and other acts of nature:
Provided, That Congress hereby designates this amount as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as amend-
President. ed: Provided further, That $824,000 of this amount shall be avail-
able only to the extent an official budget request, for a specific
dollar amount, that includes designation of the entire amount of
the request as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the President
to the Congress.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian Programs’’,
$500,000, to remain available until September 30, 1997, for emer-
gency operations and repairs related to winter floods: Provided,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $16,500,000, to
remain available until expended, for emergency repairs related
to winter floods: Provided, That Congress hereby designates this
amount as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–326
trol Act of 1985, as amended: Provided further, That $7,072,000 President.
of this amount shall be available only to the extent an official
budget request, for a specific dollar amount, that includes designa-
tion of the entire amount of the request as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmit-
ted by the President to the Congress.
TERRITORIAL AND INTERNATIONAL AFFAIRS
ASSISTANCE TO TERRITORIES
For an additional amount for ‘‘Assistance to Territories’’,
$13,000,000, to remain available until expended, for recovery efforts
from Hurricane Marilyn: Provided, That Congress hereby designates
this amount as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended: Provided further, That $11,000,000 President.
of this amount shall be available only to the extent an official
budget request, for a specific dollar amount, that includes designa-
tion of the entire amount of the request as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmit-
ted by the President to the Congress.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NATIONAL FOREST SYSTEM
For an additional amount for ‘‘National Forest System’’,
$26,600,000, to remain available until expended, to repair damage
caused by hurricanes, floods and other acts of nature: Provided
that Congress hereby designates this amount as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $6,600,000 of this amount shall be available President.
only to the extent an official budget request, for a specific dollar
amount, that includes designation of the entire amount of the
request as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the President
to the Congress.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $60,800,000, to
remain available until expended: Provided, That Congress hereby
designates this amount as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That President.
$20,800,000 of this amount shall be available only to the extent
an official budget request, for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
110 STAT. 1321–327 PUBLIC LAW 104–134—APR. 26, 1996
CHAPTER 6
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
For an additional amount for ‘‘North Atlantic Treaty Organiza-
tion Security Investment Program’’, $37,500,000, to remain avail-
able until expended: Provided, That the Secretary of Defense may
make additional contributions for the North Atlantic Treaty
Organization as provided in section 2806 of title 10, United States
Code: Provided further, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
GENERAL PROVISION
SEC. 2601. LAND CONVEYANCE, U.S. ARMY RESERVE, GREENSBORO,
ALABAMA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to Hale County, Alabama, all right,
title, and interest of the United States in and to a parcel of real
property consisting of approximately 5.17 acres and located in
Greensboro, Alabama, that was conveyed by Hale County, Alabama,
to the United States by warranty deed dated September 12, 1988.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property conveyed under subsection (a) shall
be as described in the deed referred to in that subsection.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States.
CHAPTER 7
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$257,200,000: Provided, That such amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$11,700,000: Provided, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–328
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $2,600,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$27,300,000: Provided, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $241,500,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $900,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $173,000,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $79,800,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended.
PROCUREMENT
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$26,000,000: Provided, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
110 STAT. 1321–329 PUBLIC LAW 104–134—APR. 26, 1996
GENERAL PROVISIONS
(TRANSFER OF FUNDS)
SEC. 2701. Section 8005 of the Department of Defense Appro-
109 Stat. 652. priations Act, 1996 (Public Law 104–61), is amended by striking
out ‘‘$2,400,000,000’’ and inserting in lieu thereof ‘‘$3,100,000,000’’:
Provided, That the additional transfer authority provided herein
shall be available only to the extent funds are transferred, or
have been transferred, during the current fiscal year to cover the
costs associated with United States military operations in support
of the NATO-led Peace Implementation Force (IFOR) in and around
the former Yugoslavia.
SEC. 2702. Notwithstanding any other provision of law, funds
appropriated in the Department of Defense Appropriations Act,
1996 (Public Law 104–61) under the heading ‘‘Aircraft Procurement,
Air Force’’ may be obligated for advance procurement and procure-
ment of F–15E aircraft.
SEC. 2703. (a) Funds appropriated under the heading, ‘‘Aircraft
Procurement, Air Force’’, in Public Laws 104–61, 103–335 and
103–139 that are or remain available for C–17 airframes, C–17
aircraft engines, and complementary widebody aircraft/NDAA may
be used for multiyear procurement contracts for C–17 aircraft:
Provided, That the duration of multiyear contracts awarded under
the authority of this subsection may be for a period not to exceed
seven program years, notwithstanding section 2306b(k) of title 10,
United States Code: Provided further, That the funds referred to
in this subsection also may be used for advance procurement for
up to ten C–17 aircraft in fiscal year 1997: Provided further, That
the advance procurement funds referred to in this subsection may
be used to fund Economic Order Quantities for up to eighty aircraft.
Contracts. (b) Immediately upon enactment of this Act, the Secretary
of Defense shall enter into negotiations with the C–17 aircraft
and engine prime contractors for a baseline fixed price contract
for multiyear procurement of eighty C–17 aircraft over a period
of seven program years, and alternatives for multiyear procurement
of eighty C–17 aircraft over a period of six program years.
Certification. (c) The authority to award a multiyear contract as provided
in subsection (a) shall not be effective until the Secretary of Defense
certifies to the Congressional defense committees that the Air Force
will realize a savings of more than 5 percent in the total flyaway
price for the eighty C–17 aircraft under a C–17 multiyear contract
as compared to annual lot procurement of the aircraft at the maxi-
mum affordable rate profile approved in the November 3, 1995,
Acquisition Decision Memorandum: Provided, That these savings
shall exceed the estimates presented in the ‘‘Multiyear Procurement
Criteria Program: C–17’’ documents submitted pursuant to the
request for a fiscal year 1996 supplemental appropriation transmit-
ted to the Congress.
(d) The authority under subsection (a) may not be used to
execute a multiyear procurement contract until the earlier of (1)
May 24, 1996, or (2) the day after the date of the enactment
of an Act that contains a provision authorizing the Department
of Defense to enter into a multiyear contract for the C–17 aircraft
program.
Reports. (e) Not later than May 24, 1996, the Secretary of Defense
shall submit to the Congressional defense committees a report
providing a detailed program plan for the six-year multiyear
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–330
procurement program; such report also shall include the latest
estimate of any additional savings potentially generated from such
an accelerated multiyear procurement of C–17 aircraft.
SEC. 2704. In addition to the amounts made available in Public
Law 104–61 under the heading ‘‘Research, Development, Test and
Evaluation, Defense-Wide’’, $50,000,000 is hereby appropriated and
made available to continue the activities of the semiconductor manu-
facturing consortium known as Sematech.
(TRANSFER OF FUNDS)
SEC. 2705. Of the funds appropriated in title II of Public Law
104–61, under the heading ‘‘Overseas Humanitarian, Disaster, and
Civic Aid’’, for training and activities related to the clearing of
landmines for humanitarian purposes, up to $15,000,000 may be
transferred to ‘‘Operation and Maintenance, Defense-Wide’’, to be
available for the payment of travel, transportation and subsistence
expenses of Department of Defense personnel incurred in carrying
out humanitarian assistance activities related to the detection and
clearance of landmines.
SEC. 2706. Notwithstanding any other provision of law,
$15,000,000 of the amount made available in title II, under the
heading ‘‘Operation and Maintenance, Army’’ in Public Law 104–
61 shall be paid to National Presto Industries, Inc. for the purpose
of environmental restoration at the National Presto Industries,
Inc. site in Eau Claire, Wisconsin, in recognition of the 1988 Agree-
ment between the Department of the Army and National Presto
Industries, Inc.
SEC. 2707. (a)(1) Section 1177 of title 10, United States Code, AIDS.
relating to mandatory discharge or retirement of members of the
Armed Forces infected with HIV–1 virus, is repealed.
(2) The table of sections at the beginning of chapter 59 of
such title is amended by striking out the item relating to section
1177.
(b) Subsection (b) of section 567 of the National Defense
Authorization Act for Fiscal Year 1996 is repealed. 10 USC 1177
SEC. 2708. In addition to the amounts made available in title note.
II of Public Law 104–61, under the heading ‘‘Operation and Mainte-
nance, Air Force’’, $44,900,000 is hereby appropriated and made
available for the operation and maintenance of 94 B–52H bomber
aircraft in active status or in attrition reserve.
SEC. 2709. In addition to the amounts made available in title
IV of Public Law 104–61, under the heading ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $10,000,000 is hereby appro-
priated and made available for Shallow Water Mine Counter-
measure Demonstrations, of which $5,000,000 shall be made avail-
able for the Advanced Lightweight Influence Sweep System Devel-
opment program.
(TRANSFER OF FUNDS)
SEC. 2710. Of the funds appropriated or otherwise made avail-
able in title VI of Public Law 104–61, under the heading ‘‘Defense
Health Program’’, $8,000,000 are transferred to and merged with
funds appropriated or otherwise made available under title IV
of that Act under the heading ‘‘Research, Development, Test and
Evaluation, Army’’ and shall be available only for obligation and
expenditure for advanced research into neurofibromatosis.
110 STAT. 1321–331 PUBLIC LAW 104–134—APR. 26, 1996
SEC. 2711. Of the funds available to the Department of Defense
in title VI, Public Law 104–61, under the heading ‘‘Drug Interdiction
and Counter-Drug Activities, Defense’’, $220,000 shall be made
available only for the procurement of Kevlar vests for personal
protection of counter-drug personnel: Provided, That notwithstand-
ing any other provision of law, the Department is authorized to
transfer these Kevlar vests to local counter-drug personnel in high
crime areas.
SEC. 2712. Before the period at the end of section 8105 of
109 Stat. 673. Public Law 104–61, insert the following: ‘‘: Provided, That the
Department of Defense shall release to the Department of the
Air Force all such funds not later than May 31, 1996, and the
Air Force shall obligate all such funds in compliance with this
section not later than June 30, 1996’’.
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
PAYMENTS TO AIR CARRIERS
The first proviso under the head ‘‘Payments to Air Carriers’’
in Title I of the Department of Transportation and Related Agencies
109 Stat. 437. Appropriations Act, 1996 (Public Law 104–50), is amended to read
as follows: ‘‘Provided, That none of the funds in this Act shall
be available for the implementation or execution of programs in
excess of $22,600,000 from the Airport and Airway Trust Fund
for the Payments to Air Carriers program in fiscal year 1996:’’.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
For the Emergency Fund authorized by 23 U.S.C. 125 to cover
expenses arising from the January 1996 flooding in the Mid-Atlan-
tic, Northeast, and Northwest States and other disasters,
$300,000,000, to be derived from the Highway Trust Fund and
President. to remain available until expended: Provided, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to Con-
gress: Provided further, That such amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended: Provided further, That the provisions
of 23 U.S.C. 125(b)(1) shall not apply to projects relating to the
January 1996 flooding in the Mid-Atlantic, Northeast, and North-
west States.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–332
FEDERAL TRANSIT ADMINISTRATION
MASS TRANSIT CAPITAL FUND
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For an additional amount for payment of obligations incurred
in carrying out 49 U.S.C. 5338(b) administered by the Federal
Transit Administration, $375,000,000, to be derived from the High-
way Trust Fund and to remain available until expended.
OTHER INDEPENDENT AGENCIES
PANAMA CANAL COMMISSION
PANAMA CANAL REVOLVING FUND
For an additional amount for administrative expenses,
$2,000,000, to be derived from the Panama Canal Revolving Fund.
GENERAL PROVISIONS
SEC. 2801. Notwithstanding any other provision of law, limita-
tions deducted pursuant to the provisions of section 310 of the
Department of Transportation and Related Agencies Appropriations
Act, 1996, for discretionary programs and the limitation on general
operating expenses for both annual and no-year programs, not
to exceed $28,000,000 shall be available for making obligations
for construction of a new Hannibal Bridge in Hannibal, Missouri:
Provided further, That such limitation shall be restored to categories
from which it was transferred before making redistribution of
obligation in August of 1996 as provided by section 310 of the
Act.
SEC. 2802. Notwithstanding any other provision of law, of the
funds identified for distribution to the State of Vermont and the
Marble Valley Regional Transit District in the matter under the
heading ‘‘HIGHWAY TRUST FUND’’, under the heading ‘‘LIMITATION
ON OBLIGATIONS’’, under the heading ‘‘DISCRETIONARY GRANTS’’ in
the explanatory statement for the conference report to accompany
H.R. 2002, House of Representatives report numbered 104–286,
an amount not to exceed $3,500,000 may be used for improvements
to support commuter rail operations on the Clarendon-Pittsford
rail line between White Hall, New York, and Rutland, Vermont.
SEC. 2803. In amending parts 119, 121, 125, or 135 of title
14, Code of Federal Regulations in a manner affecting intrastate
aviation in Alaska, the Administrator of the Federal Aviation
Administration shall consider the extent to which Alaska is not
served by transportation modes other than aviation, and shall estab-
lish such regulatory distinctions as the Administrator deems appro-
priate effective through June 1, 1997.
SEC. 2804. Notwithstanding any other provision of law,
$23,909,325 funds made available under Public Law 103–122
together with $21,534,347 funds made available under Public Law
103–331 for the ‘‘Chicago Central Area Circulator Project’’ shall
be available only for the purposes of constructing a 5.2 mile light
rail loop within the downtown Chicago business district as described
110 STAT. 1321–333 PUBLIC LAW 104–134—APR. 26, 1996
in the full funding grant agreement signed on December 15, 1994,
and shall not be available for any other purposes.
CHAPTER 9
TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS AP-
PROPRIATED TO THE PRESIDENT
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Salaries and Expenses,’’
$3,400,000.
GENERAL PROVISIONS
109 Stat. 473. SEC. 2901. Title I of Public Law 104–52 is hereby amended
by deleting ‘‘, not to exceed $1,406,000,’’ under the heading ‘‘CUS-
TOMS SERVICES AT SMALL AIRPORTS’’.
109 Stat. 474. SEC. 2902. Title I of Public Law 104–52 is hereby amended
by adding the following new section under the heading ‘‘ADMINISTRA-
TIVE PROVISIONS—INTERNAL REVENUE SERVICE’’:
‘‘SEC. 3. The funds provided in this Act shall be used to provide
a level of service, staffing, and funding for Taxpayer Services Divi-
sion operations which is not less than that provided in fiscal year
1995.’’.
109 Stat. 479. SEC. 2903. Title III of Public Law 104–52 is hereby amended
by adding the following proviso before the last period under the
heading ‘‘OFFICE OF NATIONAL DRUG CONTROL POLICY, SALARIES AND
EXPENSES’’: ‘‘: Provided, That of the amounts available to the
Counter-Drug Technology Assessment Center, no less than
$1,000,000 shall be dedicated to conferences on model state drug
laws’’.
SEC. 2904. COMPOSITION OF NATIONAL COMMISSION ON
RESTRUCTURING THE INTERNAL REVENUE SERVICE.
(a) IN GENERAL.—Section 637(b)(2) of the Treasury, Postal Serv-
ice, and General Government Appropriations Act, 1996 (Public Law
26 USC 7801 104–52, 109 Stat. 509) is amended—
note. (1) by striking ‘‘thirteen’’ and inserting ‘‘seventeen’’, and
(2) in subparagraphs (B) and (D)—
(A) by striking ‘‘Two’’ and inserting ‘‘Four’’, and
(B) by striking ‘‘one from private life’’ and inserting
‘‘three from private life’’.
26 USC 7801 (b) EFFECTIVE DATE.—The amendments made by this section
note. shall take effect as if included in the provisions of the Treasury,
Postal Service, and General Government Appropriations Act, 1996.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–334
CHAPTER 10
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND
URBAN DEVELOPMENT AND INDEPENDENT AGENCIES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT GRANTS
For an additional amount for ‘‘Community development grants’’,
$50,000,000, to remain available until September 30, 1998, for
emergency expenses and repairs related to recent Presidentially
declared flood disasters, including up to $10,000,000 which may
be for rental subsidy contracts under the section 8 existing housing
certificate program and the housing voucher program under section
8 of the United States Housing Act of 1937, as amended, except
that such amount shall be available only for temporary housing
assistance, not in excess of one year in duration, and shall not
be subject to renewal: Provided, That the entire amount shall President.
be available only to the extent that an official budget request
for a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to Congress:
Provided further, That the entire amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
Of the funds made available under this heading in Public
Law 104–19 up to $104,000,000 may be transferred to the Disaster
Assistance Direct Loan Program Account for the cost of direct
loans as authorized under section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): Provided, That such transfer may be made to subsidize
gross obligations for the principal amount of direct loans not to
exceed $119,000,000 under section 417 of the Stafford Act: Provided
further, That any such transfer of funds shall be made only upon President.
certification by the Director of the Federal Emergency Management
Agency that all requirements of section 417 of the Stafford Act
will be complied with: Provided further, That the entire amount
of this appropriation shall be available only to the extent that
an official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
110 STAT. 1321–335 PUBLIC LAW 104–134—APR. 26, 1996
GENERAL PROVISIONS
SEC. 21101. In administering funds provided in this title for
domestic assistance, the Secretary of any involved department may
waive or specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in connection
with the obligation by the Secretary or any use of the recipient
of these funds, except for the requirement related to civil rights,
fair housing and nondiscrimination, the environment, and labor
standards, upon finding that such waiver is required to facilitate
the obligation and use of such funds would not be inconsistent
with the overall purpose of the statute or regulation.
SEC. 21102. No part of any appropriation contained in this
title shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
SEC. 21103. Notwithstanding section 106 of Public Law 104–
Ante, p. 27, 30, 99, sections 118, 121, and 129 of Public Law 104–99 shall remain
34. in effect as if enacted as part of this Act.
Reports. SEC. 21104. The President may make available funds for assist-
ance activities under titles II and IV of P. L. 104–107, beginning
immediately upon enactment of this Act and without regard to
monthly apportionment limitations, notwithstanding the provisions
of section 518A of such Act, if he determines and reports to the
Congress that the effects of the restrictions contained in that section
would be that the demand for family planning services would be
less likely to be met and that there would be a significant increase
in abortions than would otherwise be the case in the absence
of such restrictions; Provided, That none of the funds appropriated
or otherwise made available in P. L. 104–107 may be made available
for obligation for the major foreign donor federation of international
population assistance except through the regular notifications proce-
dures of the Committees on Appropriations.
This title may be cited as the ‘‘Supplemental Appropriations
Act of 1996’’.
TITLE III
RESCISSIONS AND OFFSETS
CHAPTER 1
ENERGY AND WATER DEVELOPMENT
USEC SUBCHAPTER A—UNITED STATES ENRICHMENT CORPORATION
Privatization Act. PRIVATIZATION
42 USC 2011 SEC. 3101. SHORT TITLE.
note.
This subchapter may be cited as the ‘‘USEC Privatization Act’’.
42 USC 2297h. SEC. 3102. DEFINITIONS.
For purposes of this subchapter:
(1) The term ‘‘AVLIS’’ means atomic vapor laser isotope
separation technology.
(2) The term ‘‘Corporation’’ means the United States
Enrichment Corporation and, unless the context otherwise
requires, includes the private corporation and any successor
thereto following privatization.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–336
(3) The term ‘‘gaseous diffusion plants’’ means the Paducah
Gaseous Diffusion Plant at Paducah, Kentucky and the Ports-
mouth Gaseous Diffusion Plant at Piketon, Ohio.
(4) The term ‘‘highly enriched uranium’’ means uranium
enriched to 20 percent or more of the uranium-235 isotope.
(5) The term ‘‘low-enriched uranium’’ means uranium
enriched to less than 20 percent of the uranium-235 isotope,
including that which is derived from highly enriched uranium.
(6) The term ‘‘low-level radioactive waste’’ has the meaning
given such term in section 2(9) of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021b(9)).
(7) The term ‘‘private corporation’’ means the corporation
established under section 3105.
(8) The term ‘‘privatization’’ means the transfer of owner-
ship of the Corporation to private investors.
(9) The term ‘‘privatization date’’ means the date on which
100 percent of the ownership of the Corporation has been
transferred to private investors.
(10) The term ‘‘public offering’’ means an underwritten
offering to the public of the common stock of the private corpora-
tion pursuant to section 3104.
(11) The ‘‘Russian HEU Agreement’’ means the Agreement
Between the Government of the United States of America and
the Government of the Russian Federation Concerning the
Disposition of Highly Enriched Uranium Extracted from
Nuclear Weapons, dated February 18, 1993.
(12) The term ‘‘Secretary’’ means the Secretary of Energy.
(13) The ‘‘Suspension Agreement’’ means the Agreement
to Suspend the Antidumping Investigation on Uranium from
the Russian Federation, as amended.
(14) The term ‘‘uranium enrichment’’ means the separation
of uranium of a given isotopic content into 2 components, 1
having a higher percentage of a fissile isotope and 1 having
a lower percentage.
SEC. 3103. SALE OF THE CORPORATION. 42 USC 2297h–1.
(a) AUTHORIZATION.—The Board of Directors of the Corporation,
with the approval of the Secretary of the Treasury, shall transfer
the interest of the United States in the United States Enrichment
Corporation to the private sector in a manner that provides for
the long-term viability of the Corporation, provides for the continu-
ation by the Corporation of the operation of the Department of
Energy’s gaseous diffusion plants, provides for the protection of
the public interest in maintaining a reliable and economical domes-
tic source of uranium mining, enrichment and conversion services,
and, to the extent not inconsistent with such purposes, secures
the maximum proceeds to the United States.
(b) PROCEEDS.—Proceeds from the sale of the United States’
interest in the Corporation shall be deposited in the general fund
of the Treasury.
SEC. 3104. METHOD OF SALE. 42 USC 2297h–2.
(a) AUTHORIZATION.—The Board of Directors of the Corporation,
with the approval of the Secretary of the Treasury, shall transfer
ownership of the assets and obligations of the Corporation to the
private corporation established under section 3105 (which may be
consummated through a merger or consolidation effected in accord-
ance with, and having the effects provided under, the law of the
110 STAT. 1321–337 PUBLIC LAW 104–134—APR. 26, 1996
State of incorporation of the private corporation, as if the Corpora-
tion were incorporated thereunder).
(b) BOARD DETERMINATION.—The Board, with the approval of
the Secretary of the Treasury, shall select the method of transfer
and establish terms and conditions for the transfer that will provide
the maximum proceeds to the Treasury of the United States and
will provide for the long-term viability of the private corporation,
the continued operation of the gaseous diffusion plants, and the
public interest in maintaining reliable and economical domestic
uranium mining and enrichment industries.
(c) ADEQUATE PROCEEDS.—The Secretary of the Treasury shall
not allow the privatization of the Corporation unless before the
sale date the Secretary of the Treasury determines that the method
of transfer will provide the maximum proceeds to the Treasury
consistent with the principles set forth in section 3103(a).
(d) APPLICATION OF SECURITIES LAWS.—Any offering or sale
of securities by the private corporation shall be subject to the
Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.), and the provisions
of the Constitution and laws of any State, territory, or possession
of the United States relating to transactions in securities.
(e) EXPENSES.—Expenses of privatization shall be paid from
Corporation revenue accounts in the United States Treasury.
42 USC 2297h–3. SEC. 3105. ESTABLISHMENT OF PRIVATE CORPORATION.
(a) INCORPORATION.—(1) The directors of the Corporation shall
establish a private for-profit corporation under the laws of a State
for the purpose of receiving the assets and obligations of the Cor-
poration at privatization and continuing the business operations
of the Corporation following privatization.
(2) The directors of the Corporation may serve as incorporators
of the private corporation and shall take all steps necessary to
establish the private corporation, including the filing of articles
of incorporation consistent with the provisions of this subchapter.
(3) Employees and officers of the Corporation (including mem-
bers of the Board of Directors) acting in accordance with this
section on behalf of the private corporation shall be deemed to
be acting in their official capacities as employees or officers of
the Corporation for purposes of section 205 of title 18, United
States Code.
(b) STATUS OF THE PRIVATE CORPORATION.—(1) The private
corporation shall not be an agency, instrumentality, or establish-
ment of the United States, a Government corporation, or a Govern-
ment-controlled corporation.
(2) Except as otherwise provided by this subchapter, financial
obligations of the private corporation shall not be obligations of,
or guaranteed as to principal or interest by, the Corporation or
the United States, and the obligations shall so plainly state.
(3) No action under section 1491 of title 28, United States
Code, shall be allowable against the United States based on actions
of the private corporation.
(c) APPLICATION OF POST-GOVERNMENT EMPLOYMENT RESTRIC-
TIONS.—Beginning on the privatization date, the restrictions stated
in section 207 (a), (b), (c), and (d) of title 18, United States Code,
shall not apply to the acts of an individual done in carrying out
official duties as a director, officer, or employee of the private
corporation, if the individual was an officer or employee of the
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–338
Corporation (including a director) continuously during the 45 days
prior to the privatization date.
(d) DISSOLUTION.—In the event that the privatization does not
occur, the Corporation will provide for the dissolution of the private
corporation within 1 year of the private corporation’s incorporation
unless the Secretary of the Treasury or his delegate, upon the
Corporation’s request, agrees to delay any such dissolution for an
additional year.
SEC. 3106. TRANSFERS TO THE PRIVATE CORPORATION. 42 USC 2297h–4.
Concurrent with privatization, the Corporation shall transfer
to the private corporation—
(1) the lease of the gaseous diffusion plants in accordance
with section 3107,
(2) all personal property and inventories of the Corporation,
(3) all contracts, agreements, and leases under section
3108(a),
(4) the Corporation’s right to purchase power from the
Secretary under section 3108(b),
(5) such funds in accounts of the Corporation held by
the Treasury or on deposit with any bank or other financial
institution as approved by the Secretary of the Treasury, and
(6) all of the Corporation’s records, including all of the Records.
papers and other documentary materials, regardless of physical
form or characteristics, made or received by the Corporation.
SEC. 3107. LEASING OF GASEOUS DIFFUSION FACILITIES. 42 USC 2297h–5.
(a) TRANSFER OF LEASE.—Concurrent with privatization, the
Corporation shall transfer to the private corporation the lease of
the gaseous diffusion plants and related property for the remainder
of the term of such lease in accordance with the terms of such
lease.
(b) RENEWAL.—The private corporation shall have the exclusive
option to lease the gaseous diffusion plants and related property
for additional periods following the expiration of the initial term
of the lease.
(c) EXCLUSION OF FACILITIES FOR PRODUCTION OF HIGHLY
ENRICHED URANIUM.—The Secretary shall not lease to the private
corporation any facilities necessary for the production of highly
enriched uranium but may, subject to the requirements of the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), grant the
Corporation access to such facilities for purposes other than the
production of highly enriched uranium.
(d) DOE RESPONSIBILITY FOR PREEXISTING CONDITIONS.—The
payment of any costs of decontamination and decommissioning,
response actions, or corrective actions with respect to conditions
existing before July 1, 1993, at the gaseous diffusion plants shall
remain the sole responsibility of the Secretary.
(e) ENVIRONMENTAL AUDIT.—For purposes of subsection (d),
the conditions existing before July 1, 1993, at the gaseous diffusion
plants shall be determined from the environmental audit conducted
pursuant to section 1403(e) of the Atomic Energy Act of 1954
(42 U.S.C. 2297c–2(e)).
(f) TREATMENT UNDER PRICE-ANDERSON PROVISIONS.—Any
lease executed between the Secretary and the Corporation or the
private corporation, and any extension or renewal thereof, under
this section shall be deemed to be a contract for purposes of section
170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)).
110 STAT. 1321–339 PUBLIC LAW 104–134—APR. 26, 1996
(g) WAIVER OF EIS REQUIREMENT.—The execution or transfer
of the lease between the Secretary and the Corporation or the
private corporation, and any extension or renewal thereof, shall
not be considered to be a major Federal action significantly affecting
the quality of the human environment for purposes of section 102
of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
42 USC 2297h–6. SEC. 3108. TRANSFER OF CONTRACTS.
(a) TRANSFER OF CONTRACTS.—Concurrent with privatization,
the Corporation shall transfer to the private corporation all con-
tracts, agreements, and leases, including all uranium enrichment
contracts, that were—
(1) transferred by the Secretary to the Corporation pursu-
ant to section 1401(b) of the Atomic Energy Act of 1954 (42
U.S.C. 2297c(b)), or
(2) entered into by the Corporation before the privatization
date.
(b) NONTRANSFERABLE POWER CONTRACTS.—The Corporation
shall transfer to the private corporation the right to purchase
power from the Secretary under the power purchase contracts for
the gaseous diffusion plants executed by the Secretary before July
1, 1993. The Secretary shall continue to receive power for the
gaseous diffusion plants under such contracts and shall continue
to resell such power to the private corporation at cost during the
term of such contracts.
(c) EFFECT OF TRANSFER.—(1) Notwithstanding subsection (a),
the United States shall remain obligated to the parties to the
contracts, agreements, and leases transferred under subsection (a)
for the performance of its obligations under such contracts, agree-
ments, or leases during their terms. Performance of such obligations
by the private corporation shall be considered performance by the
United States.
(2) If a contract, agreement, or lease transferred under sub-
section (a) is terminated, extended, or materially amended after
the privatization date—
(A) the private corporation shall be responsible for any
obligation arising under such contract, agreement, or lease
after any extension or material amendment, and
(B) the United States shall be responsible for any obligation
arising under the contract, agreement, or lease before the termi-
nation, extension, or material amendment.
(3) The private corporation shall reimburse the United States
for any amount paid by the United States under a settlement
agreement entered into with the consent of the private corporation
or under a judgment, if the settlement or judgment—
(A) arises out of an obligation under a contract, agreement,
or lease transferred under subsection (a), and
(B) arises out of actions of the private corporation between
the privatization date and the date of a termination, extension,
or material amendment of such contract, agreement, or lease.
(d) PRICING.—The Corporation may establish prices for its prod-
ucts, materials, and services provided to customers on a basis
that will allow it to attain the normal business objectives of a
profit making corporation.
42 USC 2297h–7. SEC. 3109. LIABILITIES.
(a) LIABILITY OF THE UNITED STATES.—(1) Except as otherwise
provided in this subchapter, all liabilities arising out of the oper-
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–340
ation of the uranium enrichment enterprise before July 1, 1993,
shall remain the direct liabilities of the Secretary.
(2) Except as provided in subsection (a)(3) or otherwise provided
in a memorandum of agreement entered into by the Corporation
and the Office of Management and Budget prior to the privatization
date, all liabilities arising out of the operation of the Corporation
between July 1, 1993, and the privatization date shall remain
the direct liabilities of the United States.
(3) All liabilities arising out of the disposal of depleted uranium
generated by the Corporation between July 1, 1993, and the
privatization date shall become the direct liabilities of the Secretary.
(4) Any stated or implied consent for the United States, or
any agent or officer of the United States, to be sued by any person
for any legal, equitable, or other relief with respect to any claim
arising from any action taken by any agent or officer of the United
States in connection with the privatization of the Corporation is
hereby withdrawn.
(5) To the extent that any claim against the United States
under this section is of the type otherwise required by Federal
statute or regulation to be presented to a Federal agency or official
for adjudication or review, such claim shall be presented to the
Department of Energy in accordance with procedures to be estab-
lished by the Secretary. Nothing in this paragraph shall be con-
strued to impose on the Department of Energy liability to pay
any claim presented pursuant to this paragraph.
(6) The Attorney General shall represent the United States
in any action seeking to impose liability under this subsection.
(b) LIABILITY OF THE CORPORATION.—Notwithstanding any
provision of any agreement to which the Corporation is a party,
the Corporation shall not be considered in breach, default, or viola-
tion of any agreement because of the transfer of such agreement
to the private corporation under section 3108 or any other action
the Corporation is required to take under this subchapter.
(c) LIABILITY OF THE PRIVATE CORPORATION.—Except as pro-
vided in this subchapter, the private corporation shall be liable
for any liabilities arising out of its operations after the privatization
date.
(d) LIABILITY OF OFFICERS AND DIRECTORS.—(1) No officer,
director, employee, or agent of the Corporation shall be liable in
any civil proceeding to any party in connection with any action
taken in connection with the privatization if, with respect to the
subject matter of the action, suit, or proceeding, such person was
acting within the scope of his employment.
(2) This subsection shall not apply to claims arising under
the Securities Act of 1933 (15 U.S.C. 77a. et seq.), the Securities
Exchange Act of 1934 (15 U.S.C. 78a. et seq.), or under the Constitu-
tion or laws of any State, territory, or possession of the United
States relating to transactions in securities.
SEC. 3110. EMPLOYEE PROTECTIONS. 42 USC 2297h–8.
(a) CONTRACTOR EMPLOYEES.—(1) Privatization shall not dimin-
ish the accrued, vested pension benefits of employees of the Corpora-
tion’s operating contractor at the two gaseous diffusion plants.
(2) In the event that the private corporation terminates or
changes the contractor at either or both of the gaseous diffusion
plants, the plan sponsor or other appropriate fiduciary of the pen-
sion plan covering employees of the prior operating contractor shall
110 STAT. 1321–341 PUBLIC LAW 104–134—APR. 26, 1996
arrange for the transfer of all plan assets and liabilities relating
to accrued pension benefits of such plan’s participants and bene-
ficiaries from such plant to a pension plan sponsored by the new
contractor or the private corporation or a joint labor-management
plan, as the case may be.
(3) In addition to any obligations arising under the National
Labor Relations Act (29 U.S.C. 151 et seq.), any employer (including
the private corporation if it operates a gaseous diffusion plant
without a contractor or any contractor of the private corporation)
at a gaseous diffusion plant shall—
(A) abide by the terms of any unexpired collective bargain-
ing agreement covering employees in bargaining units at the
plant and in effect on the privatization date until the stated
expiration or termination date of the agreement; or
(B) in the event a collective bargaining agreement is not
in effect upon the privatization date, have the same bargaining
obligations under section 8(d) of the National Labor Relations
Act (29 U.S.C. 158(d)) as it had immediately before the
privatization date.
(4) If the private corporation replaces its operating contractor
at a gaseous diffusion plant, the new employer (including the new
contractor or the private corporation if it operates a gaseous diffu-
sion plant without a contractor) shall—
(A) offer employment to non-management employees of the
predecessor contractor to the extent that their jobs still exist
or they are qualified for new jobs, and
(B) abide by the terms of the predecessor contractor’s collec-
tive bargaining agreement until the agreement expires or a
new agreement is signed.
(5) In the event of a plant closing or mass layoff (as such
terms are defined in section 2101(a) (2) and (3) of title 29, United
States Code) at either of the gaseous diffusion plants, the Secretary
of Energy shall treat any adversely affected employee of an operat-
ing contractor at either plant who was an employee at such plant
on July 1, 1993, as a Department of Energy employee for purposes
of sections 3161 and 3162 of the National Defense Authorization
Act for Fiscal Year 1993 (42 U.S.C. 7274h–7274i).
(6)(A) The Secretary and the private corporation shall cause
the post-retirement health benefits plan provider (or its successor)
to continue to provide benefits for eligible persons, as described
under subparagraph (B), employed by an operating contractor at
either of the gaseous diffusion plants in an economically efficient
manner and at substantially the same level of coverage as eligible
retirees are entitled to receive on the privatization date.
(B) Persons eligible for coverage under subparagraph (A) shall
be limited to:
(i) persons who retired from active employment at one
of the gaseous diffusion plants on or before the privatization
date as vested participants in a pension plan maintained either
by the Corporation’s operating contractor or by a contractor
employed prior to July 1, 1993, by the Department of Energy
to operate a gaseous diffusion plant; and
(ii) persons who are employed by the Corporation’s operat-
ing contractor on or before the privatization date and are vested
participants in a pension plan maintained either by the Cor-
poration’s operating contractor or by a contractor employed
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–342
prior to July 1, 1993, by the Department of Energy to operate
a gaseous diffusion plant.
(C) The Secretary shall fund the entire cost of post-retirement
health benefits for persons who retired from employment with an
operating contractor prior to July 1, 1993.
(D) The Secretary and the Corporation shall fund the cost
of post-retirement health benefits for persons who retire from
employment with an operating contractor on or after July 1, 1993,
in proportion to the retired person’s years and months of service
at a gaseous diffusion plant under their respective management.
(7)(A) Any suit under this subsection alleging a violation of
an agreement between an employer and a labor organization shall
be brought in accordance with section 301 of the Labor Management
Relations Act (29 U.S.C. 185).
(B) Any charge under this subsection alleging an unfair labor
practice violative of section 8 of the National Labor Relations Act
(29 U.S.C. 158) shall be pursued in accordance with section 10
of the National Labor Relations Act (29 U.S.C. 160).
(C) Any suit alleging a violation of any provision of this sub-
section, to the extent it does not allege a violation of the National
Labor Relations Act, may be brought in any district court of the
United States having jurisdiction over the parties, without regard
to the amount in controversy or the citizenship of the parties.
(b) FORMER FEDERAL EMPLOYEES.—(1)(A) An employee of the
Corporation that was subject to either the Civil Service Retirement
System (referred to in this section as ‘‘CSRS’’) or the Federal
Employees’ Retirement System (referred to in this section as
‘‘FERS’’) on the day immediately preceding the privatization date
shall elect—
(i) to retain the employee’s coverage under either CSRS
or FERS, as applicable, in lieu of coverage by the Corporation’s
retirement system, or
(ii) to receive a deferred annuity or lump-sum benefit pay-
able to a terminated employee under CSRS or FERS, as
applicable.
(B) An employee that makes the election under subparagraph
(A)(ii) shall have the option to transfer the balance in the employee’s
Thrift Savings Plan account to a defined contribution plan under
the Corporation’s retirement system, consistent with applicable law
and the terms of the Corporation’s defined contribution plan.
(2) The Corporation shall pay to the Civil Service Retirement
and Disability Fund—
(A) such employee deductions and agency contributions
as are required by sections 8334, 8422, and 8423 of title 5,
United States Code, for those employees who elect to retain
their coverage under either CSRS or FERS pursuant to para-
graph (1);
(B) such additional agency contributions as are determined
necessary by the Office of Personnel Management to pay, in
combination with the sums under subparagraph (A), the ‘‘nor-
mal cost’’ (determined using dynamic assumptions) of retire-
ment benefits for those employees who elect to retain their
coverage under CSRS pursuant to paragraph (1), with the
concept of ‘‘normal cost’’ being used consistent with generally
accepted actuarial standards and principles; and
(C) such additional amounts, not to exceed two percent
of the amounts under subparagraphs (A) and (B), as are deter-
110 STAT. 1321–343 PUBLIC LAW 104–134—APR. 26, 1996
mined necessary by the Office of Personnel Management to
pay the cost of administering retirement benefits for employees
who retire from the Corporation after the privatization date
under either CSRS or FERS, for their survivors, and for survi-
vors of employees of the Corporation who die after the privatiza-
tion date (which amounts shall be available to the Office of
Personnel Management as provided in section 8348(a)(1)(B)
of title 5, United States Code).
(3) The Corporation shall pay to the Thrift Savings Fund such
employee and agency contributions as are required by section 8432
of title 5, United States Code, for those employees who elect to
retain their coverage under FERS pursuant to paragraph (1).
(4) Any employee of the Corporation who was subject to the
Federal Employee Health Benefits Program (referred to in this
section as ‘‘FEHBP’’) on the day immediately preceding the
privatization date and who elects to retain coverage under either
CSRS or FERS pursuant to paragraph (1) shall have the option
to receive health benefits from a health benefit plan established
by the Corporation or to continue without interruption coverage
under the FEHBP, in lieu of coverage by the Corporation’s health
benefit system.
(5) The Corporation shall pay to the Employees Health Benefits
Fund—
(A) such employee deductions and agency contributions
as are required by section 8906 (a)–(f) of title 5, United States
Code, for those employees who elect to retain their coverage
under FEHBP pursuant to paragraph (4); and
(B) such amounts as are determined necessary by the Office
of Personnel Management under paragraph (6) to reimburse
the Office of Personnel Management for contributions under
section 8906(g)(1) of title 5, United States Code, for those
employees who elect to retain their coverage under FEHBP
pursuant to paragraph (4).
(6) The amounts required under paragraph (5)(B) shall pay
the Government contributions for retired employees who retire from
the Corporation after the privatization date under either CSRS
or FERS, for survivors of such retired employees, and for survivors
of employees of the Corporation who die after the privatization
date, with said amounts prorated to reflect only that portion of
the total service of such employees and retired persons that was
performed for the Corporation after the privatization date.
42 USC 2297h–9. SEC. 3111. OWNERSHIP LIMITATIONS.
(a) SECURITIES LIMITATIONS.—No director, officer, or employee
of the Corporation may acquire any securities, or any rights to
acquire any securities of the private corporation on terms more
favorable than those offered to the general public—
(1) in a public offering designed to transfer ownership
of the Corporation to private investors,
(2) pursuant to any agreement, arrangement, or under-
standing entered into before the privatization date, or
(3) before the election of the directors of the private
corporation.
(b) OWNERSHIP LIMITATION.—Immediately following the con-
summation of the transaction or series of transactions pursuant
to which 100 percent of the ownership of the Corporation is trans-
ferred to private investors, and for a period of three years thereafter,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–344
no person may acquire, directly or indirectly, beneficial ownership
of securities representing more than 10 percent of the total votes
of all outstanding voting securities of the Corporation. The foregoing
limitation shall not apply to—
(1) any employee stock ownership plan of the Corporation,
(2) members of the underwriting syndicate purchasing
shares in stabilization transactions in connection with the
privatization, or
(3) in the case of shares beneficially held in the ordinary
course of business for others, any commercial bank, broker-
dealer, or clearing agency.
SEC. 3112. URANIUM TRANSFERS AND SALES. 42 USC 2297h–
10.
(a) TRANSFERS AND SALES BY THE SECRETARY.—The Secretary
shall not provide enrichment services or transfer or sell any ura-
nium (including natural uranium concentrates, natural uranium
hexafluoride, or enriched uranium in any form) to any person
except as consistent with this section.
(b) RUSSIAN HEU.—(1) On or before December 31, 1996, the
United States Executive Agent under the Russian HEU Agreement
shall transfer to the Secretary without charge title to an amount
of uranium hexafluoride equivalent to the natural uranium compo-
nent of low-enriched uranium derived from at least 18 metric tons
of highly enriched uranium purchased from the Russian Executive
Agent under the Russian HEU Agreement. The quantity of such
uranium hexafluoride delivered to the Secretary shall be based
on a tails assay of 0.30 U235. Uranium hexafluoride transferred
to the Secretary pursuant to this paragraph shall be deemed under
United States law for all purposes to be of Russian origin.
(2) Within 7 years of the date of enactment of this Act, the
Secretary shall sell, and receive payment for, the uranium
hexafluoride transferred to the Secretary pursuant to paragraph
(1). Such uranium hexafluoride shall be sold—
(A) at any time for use in the United States for the purpose
of overfeeding;
(B) at any time for end use outside the United States;
(C) in 1995 and 1996 to the Russian Executive Agent
at the purchase price for use in matched sales pursuant to
the Suspension Agreement; or,
(D) in calendar year 2001 for consumption by end users
in the United States not prior to January 1, 2002, in volumes
not to exceed 3,000,000 pounds U3O8 equivalent per year.
(3) With respect to all enriched uranium delivered to the United
States Executive Agent under the Russian HEU Agreement on
or after January 1, 1997, the United States Executive Agent shall,
upon request of the Russian Executive Agent, enter into an agree-
ment to deliver concurrently to the Russian Executive Agent an
amount of uranium hexafluoride equivalent to the natural uranium
component of such uranium. An agreement executed pursuant to
a request of the Russian Executive Agent, as contemplated in
this paragraph, may pertain to any deliveries due during any period
remaining under the Russian HEU Agreement. The quantity of
such uranium hexafluoride delivered to the Russian Executive
Agent shall be based on a tails assay of 0.30 U235. Title to uranium
hexafluoride delivered to the Russian Executive Agent pursuant
to this paragraph shall transfer to the Russian Executive Agent
upon delivery of such material to the Russian Executive Agent,
110 STAT. 1321–345 PUBLIC LAW 104–134—APR. 26, 1996
with such delivery to take place at a North American facility des-
ignated by the Russian Executive Agent. Uranium hexafluoride
delivered to the Russian Executive Agent pursuant to this para-
graph shall be deemed under U.S. law for all purposes to be of
Russian origin. Such uranium hexafluoride may be sold to any
person or entity for delivery and use in the United States only
as permitted in subsections (b)(5), (b)(6) and (b)(7) of this section.
(4) In the event that the Russian Executive Agent does not
exercise its right to enter into an agreement to take delivery of
the natural uranium component of any low-enriched uranium, as
contemplated in paragraph (3), within 90 days of the date such
low-enriched uranium is delivered to the United States Executive
Agent, or upon request of the Russian Executive Agent, then the
United States Executive Agent shall engage an independent entity
through a competitive selection process to auction an amount of
uranium hexafluoride or U3O8 (in the event that the conversion
component of such hexafluoride has previously been sold) equivalent
to the natural uranium component of such low-enriched uranium.
An agreement executed pursuant to a request of the Russian Execu-
tive Agent, as contemplated in this paragraph, may pertain to
any deliveries due during any period remaining under the Russian
HEU Agreement. Such independent entity shall sell such uranium
hexafluoride in one or more lots to any person or entity to maximize
the proceeds from such sales, for disposition consistent with the
limitations set forth in this subsection. The independent entity
shall pay to the Russian Executive Agent the proceeds of any
such auction less all reasonable transaction and other administra-
tive costs. The quantity of such uranium hexafluoride auctioned
shall be based on a tails assay of 0.30 U235. Title to uranium
hexafluoride auctioned pursuant to this paragraph shall transfer
to the buyer of such material upon delivery of such material to
the buyer. Uranium hexafluoride auctioned pursuant to this para-
graph shall be deemed under United States law for all purposes
to be of Russian origin.
(5) Except as provided in paragraphs (6) and (7), uranium
hexafluoride delivered to the Russian Executive Agent under para-
graph (3) or auctioned pursuant to paragraph (4), may not be
delivered for consumption by end users in the United States either
directly or indirectly prior to January 1, 1998, and thereafter only
in accordance with the following schedule:
Annual Maximum Deliveries to End Users
(millions lbs. U3O8
equivalent)
Year:
1998 ................................................................................................. 2
1999 ................................................................................................. 4
2000 ................................................................................................. 6
2001 ................................................................................................. 8
2002 ................................................................................................. 10
2003 ................................................................................................. 12
2004 ................................................................................................. 14
2005 ................................................................................................. 16
2006 ................................................................................................. 17
2007 ................................................................................................. 18
2008 ................................................................................................. 19
2009 and each year thereafter ....................................................... 20.
(6) Uranium hexafluoride delivered to the Russian Executive
Agent under paragraph (3) or auctioned pursuant to paragraph
(4) may be sold at any time as Russian-origin natural uranium
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–346
in a matched sale pursuant to the Suspension Agreement, and
in such case shall not be counted against the annual maximum
deliveries set forth in paragraph (5).
(7) Uranium hexafluoride delivered to the Russian Executive
Agent under paragraph (3) or auctioned pursuant to paragraph
(4) may be sold at any time for use in the United States for
the purpose of overfeeding in the operations of enrichment facilities.
(8) Nothing in this subsection (b) shall restrict the sale of
the conversion component of such uranium hexafluoride.
(9) The Secretary of Commerce shall have responsibility for
the administration and enforcement of the limitations set forth
in this subsection. The Secretary of Commerce may require any
person to provide any certifications, information, or take any action
that may be necessary to enforce these limitations. The United
States Customs Service shall maintain and provide any information
required by the Secretary of Commerce and shall take any action
requested by the Secretary of Commerce which is necessary for
the administration and enforcement of the uranium delivery limita-
tions set forth in this section.
(10) The President shall monitor the actions of the United President.
States Executive Agent under the Russian HEU Agreement and Reports.
shall report to the Congress not later than December 31 of each
year on the effect the low-enriched uranium delivered under the
Russian HEU Agreement is having on the domestic uranium min-
ing, conversion, and enrichment industries, and the operation of
the gaseous diffusion plants. Such report shall include a description
of actions taken or proposed to be taken by the President to prevent
or mitigate any material adverse impact on such industries or
any loss of employment at the gaseous diffusion plants as a result
of the Russian HEU Agreement.
(c) TRANSFERS TO THE CORPORATION.—(1) The Secretary shall
transfer to the Corporation without charge up to 50 metric tons
of enriched uranium and up to 7,000 metric tons of natural uranium
from the Department of Energy’s stockpile, subject to the restric-
tions in subsection (c)(2).
(2) The Corporation shall not deliver for commercial end use
in the United States—
(A) any of the uranium transferred under this subsection
before January 1, 1998;
(B) more than 10 percent of the uranium (by uranium
hexafluoride equivalent content) transferred under this sub-
section or more than 4,000,000 pounds, whichever is less, in
any calendar year after 1997; or
(C) more than 800,000 separative work units contained
in low-enriched uranium transferred under this subsection in
any calendar year.
(d) INVENTORY SALES.—(1) In addition to the transfers author-
ized under subsections (c) and (e), the Secretary may, from time
to time, sell natural and low-enriched uranium (including low-
enriched uranium derived from highly enriched uranium) from the
Department of Energy’s stockpile.
(2) Except as provided in subsections (b), (c), and (e), no sale
or transfer of natural or low-enriched uranium shall be made
unless—
(A) the President determines that the material is not nec- President.
essary for national security needs,
110 STAT. 1321–347 PUBLIC LAW 104–134—APR. 26, 1996
(B) the Secretary determines that the sale of the material
will not have an adverse material impact on the domestic
uranium mining, conversion, or enrichment industry, taking
into account the sales of uranium under the Russian HEU
Agreement and the Suspension Agreement, and
(C) the price paid to the Secretary will not be less than
the fair market value of the material.
(e) GOVERNMENT TRANSFERS.—Notwithstanding subsection
(d)(2), the Secretary may transfer or sell enriched uranium—
(1) to a Federal agency if the material is transferred for
the use of the receiving agency without any resale or transfer
to another entity and the material does not meet commercial
specifications;
(2) to any person for national security purposes, as deter-
mined by the Secretary; or
(3) to any State or local agency or nonprofit, charitable,
or educational institution for use other than the generation
of electricity for commercial use.
(f) SAVINGS PROVISION.—Nothing in this subchapter shall be
read to modify the terms of the Russian HEU Agreement.
42 USC 2297h– SEC. 3113. LOW-LEVEL WASTE.
11.
(a) RESPONSIBILITY OF DOE.—(1) The Secretary, at the request
of the generator, shall accept for disposal low-level radioactive
waste, including depleted uranium if it were ultimately determined
to be low-level radioactive waste, generated by—
(A) the Corporation as a result of the operations of the
gaseous diffusion plants or as a result of the treatment of
such wastes at a location other than the gaseous diffusion
plants, or
(B) any person licensed by the Nuclear Regulatory Commis-
sion to operate a uranium enrichment facility under sections
53, 63, and 193 of the Atomic Energy Act of 1954 (42 U.S.C.
2073, 2093, and 2243).
(2) Except as provided in paragraph (3), the generator shall
reimburse the Secretary for the disposal of low-level radioactive
waste pursuant to paragraph (1) in an amount equal to the Sec-
retary’s costs, including a pro rata share of any capital costs,
but in no event more than an amount equal to that which would
be charged by commercial, State, regional, or interstate compact
entities for disposal of such waste.
(3) In the event depleted uranium were ultimately determined
to be low-level radioactive waste, the generator shall reimburse
the Secretary for the disposal of depleted uranium pursuant to
paragraph (1) in an amount equal to the Secretary’s costs, including
a pro rata share of any capital costs.
(b) AGREEMENTS WITH OTHER PERSONS.—The generator may
also enter into agreements for the disposal of low-level radioactive
waste subject to subsection (a) with any person other than the
Secretary that is authorized by applicable laws and regulations
to dispose of such wastes.
(c) STATE OR INTERSTATE COMPACTS.—Notwithstanding any
other provision of law, no State or interstate compact shall be
liable for the treatment, storage, or disposal of any low-level radio-
active waste (including mixed waste) attributable to the operation,
decontamination, and decommissioning of any uranium enrichment
facility.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–348
SEC. 3114. AVLIS. 42 USC 2297h–
12.
(a) EXCLUSIVE RIGHT TO COMMERCIALIZE.—The Corporation
shall have the exclusive commercial right to deploy and use any
AVLIS patents, processes, and technical information owned or con-
trolled by the Government, upon completion of a royalty agreement
with the Secretary.
(b) TRANSFER OF RELATED PROPERTY TO CORPORATION.—
(1) IN GENERAL.—To the extent requested by the Corpora- President.
tion and subject to the requirements of the Atomic Energy
Act of 1954 (42 U.S.C. 2011, et seq.), the President shall trans-
fer without charge to the Corporation all of the right, title,
or interest in and to property owned by the United States
under control or custody of the Secretary that is directly related
to and materially useful in the performance of the Corporation’s
purposes regarding AVLIS and alternative technologies for ura-
nium enrichment, including—
(A) facilities, equipment, and materials for
research, development, and demonstration activities;
and
(B) all other facilities, equipment, materials, proc-
esses, patents, technical information of any kind, con-
tracts, agreements, and leases.
(2) EXCEPTION.—Facilities, real estate, improvements, and
equipment related to the gaseous diffusion, and gas centrifuge,
uranium enrichment programs of the Secretary shall not trans-
fer under paragraph (1)(B).
(3) EXPIRATION OF TRANSFER AUTHORITY.—The President’s
authority to transfer property under this subsection shall expire
upon the privatization date.
(c) LIABILITY FOR PATENT AND RELATED CLAIMS.—With respect
to any right, title, or interest provided to the Corporation under
subsection (a) or (b), the Corporation shall have sole liability for
any payments made or awards under section 157b.(3) of the Atomic
Energy Act of 1954 (42 U.S.C. 2187(b)(3)), or any settlements or
judgments involving claims for alleged patent infringement. Any
royalty agreement under subsection (a) of this section shall provide
for a reduction of royalty payments to the Secretary to offset any
payments, awards, settlements, or judgments under this subsection.
SEC. 3115. APPLICATION OF CERTAIN LAWS. 42 USC 2297h–
13.
(a) OSHA.—(1) As of the privatization date, the private corpora-
tion shall be subject to and comply with the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.).
(2) The Nuclear Regulatory Commission and the Occupational Contracts.
Safety and Health Administration shall, within 90 days after the
date of enactment of this Act, enter into a memorandum of agree-
ment to govern the exercise of their authority over occupational
safety and health hazards at the gaseous diffusion plants, including
inspection, investigation, enforcement, and rulemaking relating to
such hazards.
(b) ANTITRUST LAWS.—For purposes of the antitrust laws, the
performance by the private corporation of a ‘‘matched import’’ con-
tract under the Suspension Agreement shall be considered to have
occurred prior to the privatization date, if at the time of privatiza-
tion, such contract had been agreed to by the parties in all material
terms and confirmed by the Secretary of Commerce under the
Suspension Agreement.
110 STAT. 1321–349 PUBLIC LAW 104–134—APR. 26, 1996
(c) ENERGY REORGANIZATION ACT REQUIREMENTS.—(1) The pri-
vate corporation and its contractors and subcontractors shall be
subject to the provisions of section 211 of the Energy Reorganization
Act of 1974 (42 U.S.C. 5851) to the same extent as an employer
subject to such section.
(2) With respect to the operation of the facilities leased by
the private corporation, section 206 of the Energy Reorganization
Act of 1974 (42 U.S.C. 5846) shall apply to the directors and
officers of the private corporation.
SEC. 3116. AMENDMENTS TO THE ATOMIC ENERGY ACT.
(a) REPEAL.—(1) Chapters 22 through 26 of the Atomic Energy
Act of 1954 (42 U.S.C. 2297–2297e–7) are repealed as of the
privatization date.
(2) The table of contents of such Act is amended as of the
privatization date by striking the items referring to sections
repealed by paragraph (1).
(b) NRC LICENSING.—(1) Section 11v. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014v.) is amended by striking ‘‘or the
construction and operation of a uranium enrichment facility using
Atomic Vapor Laser Isotope Separation technology’’.
(2) Section 193 of the Atomic Energy Act of 1954 (42 U.S.C.
2243) is amended by adding at the end the following:
‘‘(f) LIMITATION.—No license or certificate of compliance may
be issued to the United States Enrichment Corporation or its succes-
sor under this section or sections 53, 63, or 1701, if the Commission
determines that—
‘‘(1) the Corporation is owned, controlled, or dominated
by an alien, a foreign corporation, or a foreign government;
or
‘‘(2) the issuance of such a license or certificate of compli-
ance would be inimical to—
‘‘(A) the common defense and security of the United
States; or
‘‘(B) the maintenance of a reliable and economical
domestic source of enrichment services.’’.
(3) Section 1701(c)(2) of the Atomic Energy Act of 1954 (42
U.S.C. 2297f(c)(2)) is amended to read as follows:
‘‘(2) PERIODIC APPLICATION FOR CERTIFICATE OF COMPLI-
ANCE.—The Corporation shall apply to the Nuclear Regulatory
Commission for a certificate of compliance under paragraph
(1) periodically, as determined by the Commission, but not
less than every 5 years. The Commission shall review any
such application and any determination made under subsection
(b)(2) shall be based on the results of any such review.’’.
(4) Section 1702(a) of the Atomic Energy Act of 1954 (42 U.S.C.
2297f–1(a)) is amended—
(1) by striking ‘‘other than’’ and inserting ‘‘including’’, and
(2) by striking ‘‘sections 53 and 63’’ and inserting ‘‘sections
53, 63, and 193’’.
(c) JUDICIAL REVIEW OF NRC ACTIONS.—Section 189b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended to
read as follows:
‘‘b. The following Commission actions shall be subject to judicial
review in the manner prescribed in chapter 158 of title 28, United
States Code, and chapter 7 of title 5, United States Code:
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–350
‘‘(1) Any final order entered in any proceeding of the kind
specified in subsection (a).
‘‘(2) Any final order allowing or prohibiting a facility to
begin operating under a combined construction and operating
license.
‘‘(3) Any final order establishing by regulation standards
to govern the Department of Energy’s gaseous diffusion ura-
nium enrichment plants, including any such facilities leased
to a corporation established under the USEC Privatization Act.
‘‘(4) Any final determination under section 1701(c) relating
to whether the gaseous diffusion plants, including any such
facilities leased to a corporation established under the USEC
Privatization Act, are in compliance with the Commission’s
standards governing the gaseous diffusion plants and all
applicable laws.’’.
(d) CIVIL PENALTIES.—Section 234 a. of the Atomic Energy
Act of 1954 (42 U.S.C. 2282(a) is amended by—
(1) striking ‘‘any licensing provision of section 53, 57, 62,
63, 81, 82, 101, 103, 104, 107, or 109’’ and inserting: ‘‘any
licensing or certification provision of section 53, 57, 62, 63,
81, 82, 101, 103, 104, 107, 109, or 1701’’; and
(2) by striking ‘‘any license issued thereunder’’ and insert-
ing: ‘‘any license or certification issued thereunder’’.
(e) REFERENCES TO THE CORPORATION.—Following the 42 USC 2297
privatization date, all references in the Atomic Energy Act of 1954 note.
to the United States Enrichment Corporation shall be deemed to
be references to the private corporation.
SEC. 3117. AMENDMENTS TO OTHER LAWS.
(a) DEFINITION OF GOVERNMENT CORPORATION.—As of the
privatization date, section 9101(3) of title 31, United States Code,
is amended by striking subparagraph (N) as added by section 902(b)
of Public Law 102–486.
(b) DEFINITION OF THE CORPORATION.—Section 1018(1) of the
Energy Policy Act of 1992 (42 U.S.C. 2296b–7(1)) is amended by
inserting ‘‘or its successor’’ before the period.
SUBCHAPTER B
SEC. 3201. BONNEVILLE POWER ADMINISTRATION REFINANCING. 16 USC 838l.
(a) DEFINITIONS.—
For the purposes of this section—
(1) ‘‘Administrator’’ means the Administrator of the
Bonneville Power Administration;
(2) ‘‘capital investment’’ means a capitalized cost
funded by Federal appropriations that—
(A) is for a project, facility, or separable unit or
feature of a project or facility;
(B) is a cost for which the Administrator is
required by law to establish rates to repay to the
United States Treasury through the sale of electric
power, transmission, or other services;
(C) excludes a Federal irrigation investment; and
(D) excludes an investment financed by the current
revenues of the Administrator or by bonds issued and
sold, or authorized to be issued and sold, by the
110 STAT. 1321–351 PUBLIC LAW 104–134—APR. 26, 1996
Administrator under section 13 of the Federal Colum-
bia River Transmission System Act (16 U.S.C. 838k);
(3) ‘‘new capital investment’’ means a capital invest-
ment for a project, facility, or separable unit or feature
of a project or facility, placed in service after September
30, 1996;
(4) ‘‘old capital investment’’ means a capital investment
the capitalized cost of which—
(A) was incurred, but not repaid, before October
1, 1996, and
(B) was for a project, facility, or separable unit
or feature of a project or facility, placed in service
before October 1, 1996;
(5) ‘‘repayment date’’ means the end of the period
within which the Administrator’s rates are to assure the
repayment of the principal amount of a capital investment;
and
(6) ‘‘Treasury rate’’ means—
(A) for an old capital investment, a rate determined
by the Secretary of the Treasury, taking into consider-
ation prevailing market yields, during the month
preceding October 1, 1996, on outstanding interest-
bearing obligations of the United States with periods
to maturity comparable to the period between October
1, 1996, and the repayment date for the old capital
investment; and
(B) for a new capital investment, a rate determined
by the Secretary of the Treasury, taking into consider-
ation prevailing market yields, during the month
preceding the beginning of the fiscal year in which
the related project, facility, or separable unit or feature
is placed in service, on outstanding interest-bearing
obligations of the United States with periods to matu-
rity comparable to the period between the beginning
of the fiscal year and the repayment date for the new
capital investment.
(b) NEW PRINCIPAL AMOUNTS.—
Effective date. (1) PRINCIPAL AMOUNT.—Effective October 1, 1996, an old
capital investment has a new principal amount that is the
sum of—
(A) the present value of the old payment amounts
for the old capital investment, calculated using a discount
rate equal to the Treasury rate for the old capital invest-
ment; and
(B) an amount equal to $100,000,000 multiplied by
a fraction whose numerator is the principal amount of
the old payment amounts for the old capital investment
and whose denominator is the sum of the principal amounts
of the old payment amounts for all old capital investments.
(2) DETERMINATION.—With the approval of the Secretary
of the Treasury based solely on consistency with this section,
the Administrator shall determine the new principal amounts
under subsection (b) and the assignment of interest rates to
the new principal amounts under subsection (c).
(3) OLD PAYMENT AMOUNTS.—For the purposes of this sub-
section, ‘‘old payment amounts’’ means, for an old capital invest-
ment, the annual interest and principal that the Administrator
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–352
would have paid to the United States Treasury from October
1, 1996, if this section had not been enacted, assuming that—
(A) the principal were repaid—
(i) on the repayment date the Administrator
assigned before October 1, 1994, to the old capital
investment, or
(ii) with respect to an old capital investment for
which the Administrator has not assigned a repayment
date before October 1, 1994, on a repayment date the
Administrator shall assign to the old capital invest-
ment in accordance with paragraph 10(d)(1) of the
version of Department of Energy Order RA 6120.2
in effect on October 1, 1994; and
(B) interest were paid—
(i) at the interest rate the Administrator assigned
before October 1, 1994, to the old capital investment,
or
(ii) with respect to an old capital investment for
which the Administrator has not assigned an interest
rate before October 1, 1994, at a rate determined by
the Secretary of the Treasury, taking into consideration
prevailing market yields, during the month preceding
the beginning of the fiscal year in which the related
project, facility, or separable unit or feature is placed
in service, on outstanding interest-bearing obligations
of the United States with periods to maturity com-
parable to the period between the beginning of the
fiscal year and the repayment date for the old capital
investment.
(c) INTEREST RATE FOR NEW PRINCIPAL AMOUNTS.—
As of October 1, 1996, the unpaid balance on the new
principal amount established for an old capital investment
under subsection (b) bears interest annually at the Treasury
rate for the old capital investment until the earlier of the
date that the new principal amount is repaid or the repayment
date for the new principal amount.
(d) REPAYMENT DATES.—
As of October 1, 1996, the repayment date for the new
principal amount established for an old capital investment
under subsection (b) is no earlier than the repayment date
for the old capital investment assumed in subsection (b)(3)(A).
(e) PREPAYMENT LIMITATIONS.—
During the period October 1, 1996, through September
30, 2001, the total new principal amounts of old capital invest-
ments, as established under subsection (b), that the Adminis-
trator may pay before their respective repayment dates shall
not exceed $100,000,000.
(f) INTEREST RATES FOR NEW CAPITAL INVESTMENTS DURING
CONSTRUCTION.—
(1) NEW CAPITAL INVESTMENT.—The principal amount of
a new capital investment includes interest in each fiscal year
of construction of the related project, facility, or separable unit
or feature at a rate equal to the one-year rate for the fiscal
year on the sum of—
(A) construction expenditures that were made from
the date construction commenced through the end of the
fiscal year, and
110 STAT. 1321–353 PUBLIC LAW 104–134—APR. 26, 1996
(B) accrued interest during construction.
(2) PAYMENT.—The Administrator is not required to pay,
during construction of the project, facility, or separable unit
or feature, the interest calculated, accrued, and capitalized
under subsection (f)(1).
(3) ONE-YEAR RATE.—For the purposes of this section, ‘‘one-
year rate’’ for a fiscal year means a rate determined by the
Secretary of the Treasury, taking into consideration prevailing
market yields, during the month preceding the beginning of
the fiscal year, on outstanding interest-bearing obligations of
the United States with periods to maturity of approximately
one year.
(g) INTEREST RATES FOR NEW CAPITAL INVESTMENTS.—
The unpaid balance on the principal amount of a new
capital investment bears interest at the Treasury rate for the
new capital investment from the date the related project, facil-
ity, or separable unit or feature is placed in service until
the earlier of the date the new capital investment is repaid
or the repayment date for the new capital investment.
(h) CREDITS TO ADMINISTRATOR’S REPAYMENT TO THE UNITED
STATES TREASURY.—
The Confederated Tribe of the Colville Reservation Grand
Coulee Dam Settlement Act (Public Law No. 103–436; 108
Stat. 4577) is amended by striking section 6 and inserting
the following:
‘‘SEC. 6. CREDITS TO ADMINISTRATOR’S REPAYMENT TO THE UNITED
STATES TREASURY.
‘‘So long as the Administrator makes annual payments to the
tribes under the settlement agreement, the Administrator shall
apply against amounts otherwise payable by the Administrator
to the United States Treasury a credit that reduces the Administra-
tor’s payment, in the amount and for each fiscal year as follows:
$15,860,000 in fiscal year 1997; $16,490,000 in fiscal year 1998;
$17,150,000 in fiscal year 1999; $17,840,000 in fiscal year 2000;
$18,550,000 in fiscal year 2001; and $4,600,000 in each succeeding
fiscal year.’’.
(i) CONTRACT PROVISIONS.—
In each contract of the Administrator that provides for
the Administrator to sell electric power, transmission, or related
services, and that is in effect after September 30, 1996, the
Administrator shall offer to include, or as the case may be,
shall offer to amend to include, provisions specifying that after
September 30, 1996—
(1) the Administrator shall establish rates and charges
on the basis that—
(A) the principal amount of an old capital investment
shall be no greater than the new principal amount estab-
lished under subsection (b);
(B) the interest rate applicable to the unpaid balance
of the new principal amount of an old capital investment
shall be no greater than the interest rate established under
subsection (c);
(C) any payment of principal of an old capital invest-
ment shall reduce the outstanding principal balance of
the old capital investment in the amount of the payment
at the time the payment is tendered; and
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–354
(D) any payment of interest on the unpaid balance
of the new principal amount of an old capital investment
shall be a credit against the appropriate interest account
in the amount of the payment at the time the payment
is tendered;
(2) apart from charges necessary to repay the new principal
amount of an old capital investment as established under sub-
section (b) and to pay the interest on the principal amount
under subsection (c), no amount may be charged for return
to the United States Treasury as repayment for or return
on an old capital investment, whether by way of rate, rent,
lease payment, assessment, user charge, or any other fee;
(3) amounts provided under section 1304 of title 31, United
States Code, shall be available to pay, and shall be the sole
source for payment of, a judgment against or settlement by
the Administrator or the United States on a claim for a breach
of the contract provisions required by this Part; and
(4) the contract provisions specified in this Part do not—
(A) preclude the Administrator from recovering,
through rates or other means, any tax that is generally
imposed on electric utilities in the United States, or
(B) affect the Administrator’s authority under
applicable law, including section 7(g) of the Pacific North-
west Electric Power Planning and Conservation Act (16
U.S.C. 839e(g)), to—
(i) allocate costs and benefits, including but not
limited to fish and wildlife costs, to rates or resources,
or
(ii) design rates.
(j) SAVINGS PROVISIONS.—
(1) REPAYMENT.—This subchapter does not affect the
obligation of the Administrator to repay the principal associated
with each capital investment, and to pay interest on the prin-
cipal, only from the ‘‘Administrator’s net proceeds,’’ as defined
in section 13 of the Federal Columbia River Transmission Sys-
tem Act (16 U.S.C. 838k(b)).
(2) PAYMENT OF CAPITAL INVESTMENT.—Except as provided
in subsection (e), this section does not affect the authority
of the Administrator to pay all or a portion of the principal
amount associated with a capital investment before the repay-
ment date for the principal amount.
CHAPTER 2
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
SUBSIDY APPROPRIATION
(RESCISSION)
Of the unobligated balances available under this heading
$42,000,000 are rescinded.
110 STAT. 1321–355 PUBLIC LAW 104–134—APR. 26, 1996
CHAPTER 3
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
DEPARTMENT OF ENERGY
STRATEGIC PETROLEUM RESERVE
Notwithstanding section 161 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6241), the Secretary of Energy shall draw
down and sell in fiscal year 1996, $227,000,000 worth of Strategic
Petroleum Reserve oil from the Weeks Island site.
CHAPTER 4
DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES
JOB OPPORTUNITIES AND BASIC SKILLS
(RESCISSION)
Of the funds made available under this heading elsewhere
in this Act, there is rescinded an amount equal to the total of
the funds within each State’s limitation for fiscal year 1996 that
are not necessary to pay such State’s allowable claims for such
fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as amended
42 USC 603. by Public Law 100–485) is amended by adding: ‘‘reduced by an
amount equal to the total of those funds that are within each
State’s limitation for fiscal year 1996 that are not necessary to
pay such State’s allowable claims for such fiscal year (except that
such amount for such year shall be deemed to be $1,000,000,000
for the purpose of determining the amount of the payment under
subsection (1) to which each State is entitled),’’.
DEPARTMENT OF EDUCATION
STUDENT FINANCIAL ASSISTANCE
Notwithstanding any other provision of this Act, the first and
third dollar amounts provided in Title I of this Act under the
heading ‘‘Student Financial Assistance’’ are hereby reduced by
$53,446,000.
CHAPTER 5
MILITARY CONSTRUCTION
(RESCISSIONS)
Of the funds provided in Public Law 104–32, the Military
Construction Appropriations Act, 1996, the following funds are
hereby rescinded from the following accounts in the specified
amounts:
Military Construction, Army, $6,385,000;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–356
Military Construction, Navy, $6,385,000;
Military Construction, Air Force, $6,385,000; and
Military Construction, Defense-wide, $18,345,000.
CHAPTER 6
DEPARTMENT OF DEFENSE—MILITARY PROCUREMENT
MISSILE PROCUREMENT, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in Public
Law 103–335, $310,000,000 are rescinded.
OTHER PROCUREMENT, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in Public
Law 103–335, $265,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–61, $19,500,000 are rescinded: Provided, That this reduc-
tion shall be applied proportionally to each budget activity, activity
group and subactivity group and each program, project, and activity
within this appropriation account.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–61, $45,000,000 are rescinded: Provided, That this reduc-
tion shall be applied proportionally to each budget activity, activity
group and subactivity group and each program, project, and activity
within this appropriation account.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $245,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–61, $69,800,000 are rescinded: Provided, That this reduc-
tion shall be applied proportionally to each budget activity, activity
group and subactivity group and each program, project, and activity
within this appropriation account.
110 STAT. 1321–357 PUBLIC LAW 104–134—APR. 26, 1996
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–61, $40,600,000 are rescinded: Provided, That this reduc-
tion shall be applied proportionally to each budget activity, activity
group and subactivity group and each program, project, and activity
within this appropriation account: Provided further, That no reduc-
tion may be taken against the funds made available to the Depart-
ment of Defense for Ballistic Missile Defense.
CHAPTER 7
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available contract authority balances under this account,
$664,000,000 are rescinded.
FEDERAL HIGHWAY ADMINISTRATION
HIGHWAY-RELATED SAFETY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available contract authority balances under this account,
$9,000,000 are rescinded.
MOTOR CARRIER SAFETY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available contract authority balances under this account,
$33,000,000 are rescinded.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY TRAFFIC SAFETY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available contract authority balances under this account,
$56,000,000 are rescinded.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–358
CHAPTER 8
TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT
INDEPENDENT AGENCIES
GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(RESCISSION)
Of the funds made available for installment acquisition pay-
ments under this heading in Public Law 104–52, $3,400,000 are
rescinded: Provided, That the aggregate amount made available
to the Fund shall be $5,062,749,000.
CHAPTER 9
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND
URBAN DEVELOPMENT AND INDEPENDENT AGENCIES
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
Of the funds made available under this heading and under
the heading ‘‘Disaster relief emergency contingency fund’’ in Public
Law 104–19, $1,000,000,000 are rescinded.
CHAPTER 10
DEBT COLLECTION IMPROVEMENTS
SEC. 31001. DEBT COLLECTION IMPROVEMENT ACT OF 1996. Debt Collection
Improvement Act
(a)(1) This section may be cited as the ‘‘Debt Collection Improve- of 1996.
ment Act of 1996’’. 31 USC 3701
(2)(A) IN GENERAL.—The provisions of this section and the note.
amendments made by this section shall take effect on the date Effective date.
31 USC 3322
of the enactment of this Act. note.
(B) OFFSETS FROM SOCIAL SECURITY PAYMENTS, ETC.— Applicability.
Subparagraph (A) of section 3716(c)(3) of title 31, United States 31 USC 3716
Code (as added by subsection (d)(2) of this section), shall apply note.
only to payments made after the date which is 4 months after
the date of the enactment of this Act.
(b) The purposes of this section are the following: 31 USC 3701
(1) To maximize collections of delinquent debts owed to note.
the Government by ensuring quick action to enforce recovery
of debts and the use of all appropriate collection tools.
(2) To minimize the costs of debt collection by consolidating
related functions and activities and utilizing interagency teams.
(3) To reduce losses arising from debt management activi-
ties by requiring proper screening of potential borrowers,
aggressive monitoring of all accounts, and sharing of informa-
tion within and among Federal agencies.
(4) To ensure that the public is fully informed of the Federal
Government’s debt collection policies and that debtors are cog-
110 STAT. 1321–359 PUBLIC LAW 104–134—APR. 26, 1996
nizant of their financial obligations to repay amounts owed
to the Federal Government.
(5) To ensure that debtors have all appropriate due process
rights, including the ability to verify, challenge, and compromise
claims, and access to administrative appeals procedures which
are both reasonable and protect the interests of the United
States.
(6) To encourage agencies, when appropriate, to sell delin-
quent debt, particularly debts with underlying collateral.
(7) To rely on the experience and expertise of private sector
professionals to provide debt collection services to Federal
agencies.
(c) Chapter 37 of title 31, United States Code, is amended—
(1) in each of sections 3711, 3716, 3717, and 3718, by
striking ‘‘the head of an executive or legislative agency’’ each
place it appears and inserting ‘‘the head of an executive,
judicial, or legislative agency’’; and
(2) by amending section 3701(a)(4) to read as follows:
‘‘(4) ‘executive, judicial, or legislative agency’ means a
department, agency, court, court administrative office, or
instrumentality in the executive, judicial, or legislative branch
of Government, including government corporations.’’.
(d)(1) PERSONS SUBJECT TO ADMINISTRATIVE OFFSET.—Section
3701(c) of title 31, United States Code, is amended to read as
follows:
‘‘(c) In sections 3716 and 3717 of this title, the term ‘person’
does not include an agency of the United States Government.’’.
(2) REQUIREMENTS AND PROCEDURES.—Section 3716 of title 31,
United States Code, is amended—
(A) by amending subsection (b) to read as follows:
‘‘(b) Before collecting a claim by administrative offset, the head
of an executive, judicial, or legislative agency must either—
‘‘(1) adopt, without change, regulations on collecting by
administrative offset promulgated by the Department of Justice,
the General Accounting Office, or the Department of the Treas-
ury; or
‘‘(2) prescribe regulations on collecting by administrative
offset consistent with the regulations referred to in paragraph
(1).’’;
(B) by amending subsection (c)(2) to read as follows:
‘‘(2) when a statute explicitly prohibits using administrative
offset or setoff to collect the claim or type of claim involved.’’;
(C) by redesignating subsection (c) as subsection (e); and
(D) by inserting after subsection (b) the following new
subsections:
‘‘(c)(1)(A) Except as otherwise provided in this subsection, a
disbursing official of the Department of the Treasury, the Depart-
ment of Defense, the United States Postal Service, or any other
government corporation, or any disbursing official of the United
States designated by the Secretary of the Treasury, shall offset
at least annually the amount of a payment which a payment certify-
ing agency has certified to the disbursing official for disbursement,
by an amount equal to the amount of a claim which a creditor
agency has certified to the Secretary of the Treasury pursuant
to this subsection.
‘‘(B) An agency that designates disbursing officials pursuant
to section 3321(c) of this title is not required to certify claims
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–360
arising out of its operations to the Secretary of the Treasury before
such agency’s disbursing officials offset such claims.
‘‘(C) Payments certified by the Department of Education under
a program administered by the Secretary of Education under title
IV of the Higher Education Act of 1965 shall not be subject to
administrative offset under this subsection.
‘‘(2) Neither the disbursing official nor the payment certifying
agency shall be liable—
‘‘(A) for the amount of the administrative offset on the
basis that the underlying obligation, represented by the pay-
ment before the administrative offset was taken, was not satis-
fied; or
‘‘(B) for failure to provide timely notice under paragraph
(8).
‘‘(3)(A)(i) Notwithstanding any other provision of law (including
sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C.
407 and 1383(d)(1)), section 413(b) of Public Law 91–173 (30 U.S.C.
923(b)), and section 14 of the Act of August 29, 1935 (45 U.S.C.
231m)), except as provided in clause (ii), all payments due to an
individual under—
‘‘(I) the Social Security Act,
‘‘(II) part B of the Black Lung Benefits Act, or
‘‘(III) any law administered by the Railroad Retirement
Board (other than payments that such Board determines to
be tier 2 benefits),
shall be subject to offset under this section.
‘‘(ii) An amount of $9,000 which a debtor may receive under
Federal benefit programs cited under clause (i) within a 12-month
period shall be exempt from offset under this subsection. In applying
the $9,000 exemption, the disbursing official shall—
‘‘(I) reduce the $9,000 exemption amount for the 12-month
period by the amount of all Federal benefit payments made
during such 12-month period which are not subject to offset
under this subsection; and
‘‘(II) apply a prorated amount of the exemption to each
periodic benefit payment to be made to the debtor during the
applicable 12-month period.
For purposes of the preceding sentence, the amount of a periodic
benefit payment shall be the amount after any reduction or deduc-
tion required under the laws authorizing the program under which
such payment is authorized to be made (including any reduction
or deduction to recover any overpayment under such program).
‘‘(B) The Secretary of the Treasury shall exempt from adminis-
trative offset under this subsection payments under means-tested
programs when requested by the head of the respective agency.
The Secretary may exempt other payments from administrative
offset under this subsection upon the written request of the head
of a payment certifying agency. A written request for exemption
of other payments must provide justification for the exemption
under standards prescribed by the Secretary. Such standards shall
give due consideration to whether administrative offset would tend
to interfere substantially with or defeat the purposes of the payment
certifying agency’s program. The Secretary shall report to the Con- Reports.
gress annually on exemptions granted under this section.
‘‘(C) The provisions of sections 205(b)(1) and 1631(c)(1) of the
Social Security Act shall not apply to any administrative offset
110 STAT. 1321–361 PUBLIC LAW 104–134—APR. 26, 1996
executed pursuant to this section against benefits authorized by
either title II or title XVI of the Social Security Act, respectively.
‘‘(4) The Secretary of the Treasury may charge a fee sufficient
to cover the full cost of implementing this subsection. The fee
may be collected either by the retention of a portion of amounts
collected pursuant to this subsection, or by billing the agency refer-
ring or transferring a claim for those amounts. Fees charged to
the agencies shall be based on actual administrative offsets com-
pleted. Amounts received by the United States as fees under this
subsection shall be deposited into the account of the Department
of the Treasury under section 3711(g)(7) of this title, and shall
be collected and accounted for in accordance with the provisions
of that section.
‘‘(5) The Secretary of the Treasury in consultation with the
Commissioner of Social Security and the Director of the Office
of Management and Budget, may prescribe such rules, regulations,
and procedures as the Secretary of the Treasury considers necessary
Rules, to carry out this subsection. The Secretary shall consult with the
regulations, and heads of affected agencies in the development of such rules, regula-
procedures.
tions, and procedures.
Notification. ‘‘(6) Any Federal agency that is owed by a person a past
due, legally enforceable nontax debt that is over 180 days delin-
quent, including nontax debt administered by a third party acting
as an agent for the Federal Government, shall notify the Secretary
of the Treasury of all such nontax debts for purposes of administra-
tive offset under this subsection.
Notification. ‘‘(7)(A) The disbursing official conducting an administrative
offset with respect to a payment to a payee shall notify the payee
in writing of—
‘‘(i) the occurrence of the administrative offset to satisfy
a past due legally enforceable debt, including a description
of the type and amount of the payment otherwise payable
to the payee against which the offset was executed;
‘‘(ii) the identity of the creditor agency requesting the offset;
and
‘‘(iii) a contact point within the creditor agency that will
handle concerns regarding the offset.
‘‘(B) If the payment to be offset is a periodic benefit payment,
the disbursing official shall take reasonable steps, as determined
by the Secretary of the Treasury, to provide the notice to the
payee not later than the date on which the payee is otherwise
scheduled to receive the payment, or as soon as practical thereafter,
but no later than the date of the administrative offset. Notwith-
standing the preceding sentence, the failure of the debtor to receive
such notice shall not impair the legality of such administrative
offset.
‘‘(8) A levy pursuant to the Internal Revenue Code of 1986
shall take precedence over requests for administrative offset pursu-
ant to other laws.
‘‘(d) Nothing in this section is intended to prohibit the use
of any other administrative offset authority existing under statute
or common law.’’.
(3) NONTAX DEBT OR CLAIM DEFINED.—Section 3701 of title
31, United States Code, is amended in subsection (a) by adding
at the end the following new paragraph:
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–362
‘‘(8) ‘nontax’ means, with respect to any debt or claim,
any debt or claim other than a debt or claim under the Internal
Revenue Code of 1986.’’.
(4) TREASURY CHECK WITHHOLDING.—Section 3712 of title 31,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(e) TREASURY CHECK OFFSET.—
‘‘(1) IN GENERAL.—To facilitate collection of amounts owed
by presenting banks pursuant to subsection (a) or (b), upon
the direction of the Secretary, a Federal reserve bank shall
withhold credit from banks presenting Treasury checks for
ultimate charge to the account of the United States Treasury.
By presenting Treasury checks for payment a presenting bank
is deemed to authorize this offset.
‘‘(2) ATTEMPT TO COLLECT REQUIRED.—Prior to directing
offset under subsection (a)(1), the Secretary shall first attempt
to collect amounts owed in the manner provided by sections
3711 and 3716.’’.
(e) Section 3716 of title 31, United States Code, as amended
by subsection (d)(2) of this section, is further amended by adding
at the end the following new subsections:
‘‘(f) The Secretary may waive the requirements of sections
552a(o) and (p) of title 5 for administrative offset or claims collection
upon written certification by the head of a State or an executive,
judicial, or legislative agency seeking to collect the claim that the
requirements of subsection (a) of this section have been met.
‘‘(g) The Data Integrity Board of the Department of the Treas-
ury established under 552a(u) of title 5 shall review and include
in reports under paragraph (3)(D) of that section a description
of any matching activities conducted under this section. If the
Secretary has granted a waiver under subsection (f) of this section,
no other Data Integrity Board is required to take any action under
section 552a(u) of title 5.’’.
(f) Section 3716 of title 31, United States Code, as amended
by subsections (d) and (e) of this section, is further amended by
adding at the end the following new subsection:
‘‘(h)(1) The Secretary may, in the discretion of the Secretary,
apply subsection (a) with respect to any past-due, legally-enforceable
debt owed to a State if—
‘‘(A) the appropriate State disbursing official requests that
an offset be performed; and
‘‘(B) a reciprocal agreement with the State is in effect
which contains, at a minimum—
‘‘(i) requirements substantially equivalent to subsection
(b) of this section; and
‘‘(ii) any other requirements which the Secretary
considers appropriate to facilitate the offset and prevent
duplicative efforts.
‘‘(2) This subsection does not apply to—
‘‘(A) the collection of a debt or claim on which the adminis-
trative costs associated with the collection of the debt or claim
exceed the amount of the debt or claim;
‘‘(B) any collection of any other type, class, or amount
of claim, as the Secretary considers necessary to protect the
interest of the United States; or
110 STAT. 1321–363 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(C) the disbursement of any class or type of payment
exempted by the Secretary of the Treasury at the request
of a Federal agency.
‘‘(3) In applying this section with respect to any debt owed
to a State, subsection (c)(3)(A) shall not apply.’’.
(g)(1) TITLE 31.—Title 31, United States Code, is amended—
(A) in section 3322(a), by inserting ‘‘section 3716 and sec-
tion 3720A of this title and’’ after ‘‘Except as provided in’’;
(B) in section 3325(a)(3), by inserting ‘‘or pursuant to pay-
ment intercepts or offsets pursuant to section 3716 or 3720A
of this title,’’ after ‘‘voucher’’; and
(C) in each of sections 3711(e)(2) and 3717(h) by inserting
‘‘, the Secretary of the Treasury,’’ after ‘‘Attorney General’’.
(2) INTERNAL REVENUE CODE OF 1986.—Subparagraph (A) of
section 6103(l)(10) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(10)) is amended by inserting ‘‘and to officers and employees
of the Department of the Treasury in connection with such reduc-
tion’’ after ‘‘6402’’.
(h) Section 5514 of title 5, United States Code, is amended—
(A) in subsection (a)—
(i) by adding at the end of paragraph (1) the following:
‘‘All Federal agencies to which debts are owed and which
have outstanding delinquent debts shall participate in a
computer match at least annually of their delinquent debt
records with records of Federal employees to identify those
employees who are delinquent in repayment of those debts.
The preceding sentence shall not apply to any debt under
Records. the Internal Revenue Code of 1986. Matched Federal
employee records shall include, but shall not be limited
to, records of active Civil Service employees government-
wide, military active duty personnel, military reservists,
United States Postal Service employees, employees of other
government corporations, and seasonal and temporary
employees. The Secretary of the Treasury shall establish
and maintain an interagency consortium to implement cen-
tralized salary offset computer matching, and promulgate
regulations for this program. Agencies that perform central-
ized salary offset computer matching services under this
subsection are authorized to charge a fee sufficient to cover
the full cost for such services.’’;
(ii) by redesignating paragraphs (3) and (4) as para-
graphs (4) and (5), respectively;
(iii) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) Paragraph (2) shall not apply to routine intra-agency
adjustments of pay that are attributable to clerical or administrative
errors or delays in processing pay documents that have occurred
within the four pay periods preceding the adjustment and to any
adjustment that amounts to $50 or less, if at the time of such
adjustment, or as soon thereafter as practical, the individual is
provided written notice of the nature and the amount of the adjust-
ment and a point of contact for contesting such adjustment.’’; and
(iv) by amending paragraph (5)(B) (as redesignated
by clause (ii) of this subparagraph) to read as follows:
‘‘(B) ‘agency’ includes executive departments and agen-
cies, the United States Postal Service, the Postal Rate
Commission, the United States Senate, the United States
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–364
House of Representatives, and any court, court administra-
tive office, or instrumentality in the judicial or legislative
branches of the Government, and government corpora-
tions.’’;
(B) by adding after subsection (c) the following new sub-
section:
‘‘(d) A levy pursuant to the Internal Revenue Code of 1986
shall take precedence over other deductions under this section.’’.
(i)(1) IN GENERAL.—Section 7701 of title 31, United States
Code, is amended by adding at the end the following new sub-
sections:
‘‘(c)(1) The head of each Federal agency shall require each
person doing business with that agency to furnish to that agency
such person’s taxpayer identifying number.
‘‘(2) For purposes of this subsection, a person shall be considered
to be doing business with a Federal agency if the person is—
‘‘(A) a lender or servicer in a Federal guaranteed or insured
loan program administered by the agency;
‘‘(B) an applicant for, or recipient of, a Federal license,
permit, right-of-way, grant, or benefit payment administered
by the agency or insurance administered by the agency;
‘‘(C) a contractor of the agency;
‘‘(D) assessed a fine, fee, royalty or penalty by the agency;
and
‘‘(E) in a relationship with the agency that may give rise
to a receivable due to that agency, such as a partner of a
borrower in or a guarantor of a Federal direct or insured
loan administered by the agency.
‘‘(3) Each agency shall disclose to a person required to furnish
a taxpayer identifying number under this subsection its intent
to use such number for purposes of collecting and reporting on
any delinquent amounts arising out of such person’s relationship
with the Government.
‘‘(4) For purposes of this subsection, a person shall not be
treated as doing business with a Federal agency solely by reason
of being a debtor under third party claims of the United States.
The preceding sentence shall not apply to a debtor owing claims
resulting from petroleum pricing violations or owing claims result-
ing from Federal loan or loan guarantee/insurance programs.
‘‘(d) Notwithstanding section 552a(b) of title 5, United States
Code, creditor agencies to which a delinquent claim is owed, and
their agents, may match their debtor records with Department
of Health and Human Services, and Department of Labor records
to obtain names (including names of employees), name controls,
names of employers, taxpayer identifying numbers, addresses
(including addresses of employers), and dates of birth. The preceding
sentence shall apply to the disclosure of taxpayer identifying num-
bers only if such disclosure is not otherwise prohibited by section
6103 of the Internal Revenue Code of 1986. The Department of
Health and Human Services, and the Department of Labor shall
release that information to creditor agencies and may charge reason-
able fees sufficient to pay the costs associated with that release.’’.
(2) INCLUDED FEDERAL LOAN PROGRAM DEFINED.—Subpara-
graph (C) of section 6103(l)(3) of the Internal Revenue Code of
1986 (relating to disclosure that applicant for Federal loan has 26 USC 6103.
tax delinquent account) is amended to read as follows:
110 STAT. 1321–365 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(C) INCLUDED FEDERAL LOAN PROGRAM DEFINED.—
For purposes of this paragraph, the term ‘included Federal
loan program’ means any program under which the United
States or a Federal agency makes, guarantees, or insures
loans.’’.
(3) CLERICAL AMENDMENTS.—
(A) The chapter title to chapter 77 of subtitle VI of title
31, United States Code, is amended to read as follows:
‘‘CHAPTER 77—ACCESS TO INFORMATION FOR DEBT COLLECTION’’.
(B) The table of chapters for subtitle VI of title 31, United
States Code, is amended by inserting before the item relating
to chapter 91 the following new item:
‘‘77. Access to information for debt collection ............................................ 7701’’.
(j)(1) IN GENERAL.—Title 31, United States Code, is amended
by inserting after section 3720A the following new section:
‘‘§ 3720B. Barring delinquent Federal debtors from obtaining
Federal loans or loan insurance guarantees
Standards. ‘‘(a) Unless this subsection is waived by the head of a Federal
agency, a person may not obtain any Federal financial assistance
in the form of a loan (other than a disaster loan) or loan insurance
or guarantee administered by the agency if the person has an
outstanding debt (other than a debt under the Internal Revenue
Code of 1986) with any Federal agency which is in a delinquent
status, as determined under standards prescribed by the Secretary
of the Treasury. Such a person may obtain additional loans or
loan guarantees only after such delinquency is resolved in accord-
ance with those standards. The Secretary of the Treasury may
exempt, at the request of an agency, any class of claims.
‘‘(b) The head of a Federal agency may delegate the waiver
authority under subsection (a) to the Chief Financial Officer of
the agency. The waiver authority may be redelegated only to the
Deputy Chief Financial Officer of the agency.’’
(2) CLERICAL AMENDMENT.—The table of sections for subchapter
II of chapter 37 of title 31, United States Code, is amended by
inserting after the item relating to section 3720A the following
new item:
‘‘3720B. Barring delinquent Federal debtors from obtaining Federal loans or loan in-
surance guarantees.’’.
(k) Section 3711(f) of title 31, United States Code, is amended—
(1) by striking ‘‘may’’ the first place it appears and inserting
‘‘shall’’;
(2) by striking ‘‘an individual’’ each place it appears and
inserting ‘‘a person’’;
(3) by striking ‘‘the individual’’ each place it appears and
inserting ‘‘the person’’; and
(4) by adding at the end the following new paragraphs:
‘‘(4) The head of each executive agency shall require, as a
condition for insuring or guaranteeing any loan, financing, or other
extension of credit under any law to a person, that the lender
provide information relating to the extension of credit to consumer
reporting agencies or commercial reporting agencies, as appropriate.
‘‘(5) The head of each executive agency may provide to a
consumer reporting agency or commercial reporting agency informa-
tion from a system of records that a person is responsible for
a claim which is current, if notice required by section 552a(e)(4)
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–366
of title 5 indicates that information in the system may be disclosed
to a consumer reporting agency or commercial reporting agency,
respectively.’’.
(l) Section 3718 of title 31, United States Code, is amended—
(1) in subsection (a), by striking the first sentence and
inserting the following: ‘‘Under conditions the head of an execu-
tive, judicial, or legislative agency considers appropriate, the
head of the agency may enter into a contract with a person
for collection service to recover indebtedness owed, or to locate
or recover assets of, the United States Government. The head
of an agency may not enter into a contract under the preceding
sentence to locate or recover assets of the United States held
by a State government or financial institution unless that
agency has established procedures approved by the Secretary
of the Treasury to identify and recover such assets.’’; and
(2) in subsection (d), by inserting ‘‘, or to locate or recover
assets of,’’ after ‘‘owed’’.
(m)(1) IN GENERAL.—Section 3711 of title 31, United States
Code, is amended by adding at the end the following new sub-
sections:
‘‘(g)(1) If a nontax debt or claim owed to the United States
has been delinquent for a period of 180 days—
‘‘(A) the head of the executive, judicial, or legislative agency
that administers the program that gave rise to the debt or
claim shall transfer the debt or claim to the Secretary of the
Treasury; and
‘‘(B) upon such transfer the Secretary of the Treasury shall
take appropriate action to collect or terminate collection actions
on the debt or claim.
‘‘(2) Paragraph (1) shall not apply—
‘‘(A) to any debt or claim that—
‘‘(i) is in litigation or foreclosure;
‘‘(ii) will be disposed of under an asset sales program
within 1 year after becoming eligible for sale, or later
than 1 year if consistent with an asset sales program
and a schedule established by the agency and approved
by the Director of the Office of Management and Budget;
‘‘(iii) has been referred to a private collection contractor
for collection for a period of time determined by the Sec-
retary of the Treasury;
‘‘(iv) has been referred by, or with the consent of,
the Secretary of the Treasury to a debt collection center
for a period of time determined by the Secretary of the
Treasury; or
‘‘(v) will be collected under internal offset, if such offset
is sufficient to collect the claim within 3 years after the
date the debt or claim is first delinquent; and
‘‘(B) to any other specific class of debt or claim, as deter-
mined by the Secretary of the Treasury at the request of
the head of an executive, judicial, or legislative agency or
otherwise.
‘‘(3) For purposes of this section, the Secretary of the Treasury
may designate, and withdraw such designation of debt collection
centers operated by other Federal agencies. The Secretary of the
Treasury shall designate such centers on the basis of their perform-
ance in collecting delinquent claims owed to the Government.
110 STAT. 1321–367 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(4) At the discretion of the Secretary of the Treasury, referral
of a nontax claim may be made to—
‘‘(A) any executive department or agency operating a debt
collection center for servicing, collection, compromise, or suspen-
sion or termination of collection action;
‘‘(B) a private collection contractor operating under a con-
tract for servicing or collection action; or
‘‘(C) the Department of Justice for litigation.
‘‘(5) Nontax claims referred or transferred under this section
shall be serviced, collected, or compromised, or collection action
thereon suspended or terminated, in accordance with otherwise
applicable statutory requirements and authorities. Executive
departments and agencies operating debt collection centers may
enter into agreements with the Secretary of the Treasury to carry
out the purposes of this subsection. The Secretary of the Treasury
shall—
‘‘(A) maintain competition in carrying out this subsection;
‘‘(B) maximize collections of delinquent debts by placing
delinquent debts quickly;
‘‘(C) maintain a schedule of private collection contractors
and debt collection centers eligible for referral of claims; and
‘‘(D) refer delinquent debts to the person most appropriate
to collect the type or amount of claim involved.
‘‘(6) Any agency operating a debt collection center to which
nontax claims are referred or transferred under this subsection
may charge a fee sufficient to cover the full cost of implementing
this subsection. The agency transferring or referring the nontax
claim shall be charged the fee, and the agency charging the fee
shall collect such fee by retaining the amount of the fee from
amounts collected pursuant to this subsection. Agencies may agree
to pay through a different method, or to fund an activity from
another account or from revenue received from the procedure
described under section 3720C of this title. Amounts charged under
this subsection concerning delinquent claims may be considered
as costs pursuant to section 3717(e) of this title.
‘‘(7) Notwithstanding any other law concerning the depositing
and collection of Federal payments, including section 3302(b) of
this title, agencies collecting fees may retain the fees from amounts
collected. Any fee charged pursuant to this subsection shall be
deposited into an account to be determined by the executive depart-
ment or agency operating the debt collection center charging the
fee (in this subsection referred to in this section as the ‘Account’).
Amounts deposited in the Account shall be available until expended
to cover costs associated with the implementation and operation
of Governmentwide debt collection activities. Costs properly charge-
able to the Account include—
‘‘(A) the costs of computer hardware and software, word
processing and telecommunications equipment, and other equip-
ment, supplies, and furniture;
‘‘(B) personnel training and travel costs;
‘‘(C) other personnel and administrative costs;
‘‘(D) the costs of any contract for identification, billing,
or collection services; and
‘‘(E) reasonable costs incurred by the Secretary of the Treas-
ury, including services and utilities provided by the Secretary,
and administration of the Account.
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–368
‘‘(8) Not later than January 1 of each year, there shall be
deposited into the Treasury as miscellaneous receipts an amount
equal to the amount of unobligated balances remaining in the
Account at the close of business on September 30 of the preceding
year, minus any part of such balance that the executive department
or agency operating the debt collection center determines is nec-
essary to cover or defray the costs under this subsection for the
fiscal year in which the deposit is made.
‘‘(9) Before discharging any delinquent debt owed to any execu-
tive, judicial, or legislative agency, the head of such agency shall
take all appropriate steps to collect such debt, including (as
applicable)—
‘‘(A) administrative offset,
‘‘(B) tax refund offset,
‘‘(C) Federal salary offset,
‘‘(D) referral to private collection contractors,
‘‘(E) referral to agencies operating a debt collection center,
‘‘(F) reporting delinquencies to credit reporting bureaus,
‘‘(G) garnishing the wages of delinquent debtors, and
‘‘(H) litigation or foreclosure.
‘‘(10) To carry out the purposes of this subsection, the Secretary
of the Treasury may prescribe such rules, regulations, and proce-
dures as the Secretary considers necessary and transfer such funds
from funds appropriated to the Department of the Treasury as
may be necessary to meet existing liabilities and obligations
incurred prior to the receipt of revenues that result from debt
collections.
‘‘(h)(1) The head of an executive, judicial, or legislative agency
acting under subsection (a)(1), (2), or (3) of this section to collect
a claim, compromise a claim, or terminate collection action on
a claim may obtain a consumer report (as that term is defined
in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a))
or comparable credit information on any person who is liable for
the claim.
‘‘(2) The obtaining of a consumer report under this subsection
is deemed to be a circumstance or purpose authorized or listed
under section 604 of the Fair Credit Reporting Act (15 U.S.C.
1681b).’’.
(2) RETURNS RELATING TO CANCELLATION OF INDEBTEDNESS
BY CERTAIN ENTITIES.—
(A) IN GENERAL.—Subsection (a) of section 6050P of the
Internal Revenue Code of 1986 (relating to returns relating 26 USC 6050P.
to the cancellation of indebtedness by certain financial entities)
is amended by striking ‘‘applicable financial entity’’ and insert-
ing ‘‘applicable entity’’.
(B) ENTITIES TO WHICH REQUIREMENT APPLIES.—Subsection
(c) of section 6050P of such Code is amended—
(i) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively, and inserting before para-
graph (2) (as so redesignated) the following new paragraph:
‘‘(1) APPLICABLE ENTITY.—The term ‘applicable entity’
means—
‘‘(A) an executive, judicial, or legislative agency (as
defined in section 3701(a)(4) of title 31, United States
Code), and
‘‘(B) an applicable financial entity.’’, and
110 STAT. 1321–369 PUBLIC LAW 104–134—APR. 26, 1996
(ii) in paragraph (3), as so redesignated, by striking
‘‘(1)(B)’’ and inserting ‘‘(1)(A) or (2)(B)’’.
26 USC 6050P. (C) ALTERNATIVE PROCEDURE.—Section 6050P of such Code
is amended by adding at the end the following new subsection:
‘‘(e) ALTERNATIVE PROCEDURE.—In lieu of making a return
required under subsection (a), an agency described in subsection
(c)(1)(A) may submit to the Secretary (at such time and in such
form as the Secretary may by regulations prescribe) information
sufficient for the Secretary to complete such a return on behalf
of such agency. Upon receipt of such information, the Secretary
shall complete such return and provide a copy of such return
to such agency.’’
(D) CONFORMING AMENDMENTS.—
(i) Subsection (d) of section 6050P of such Code is
amended by striking ‘‘applicable financial entity’’ and
inserting ‘‘applicable entity’’.
(ii) The heading of section 6050P of such Code is
amended to read as follows:
‘‘SEC. 6050P. RETURNS RELATING TO THE CANCELLATION OF INDEBT-
EDNESS BY CERTAIN ENTITIES.’’
(iii) The table of sections for subpart B of part III
of subchapter A of chapter 61 of such Code is amended
by striking the item relating to section 6050P and inserting
the following new item:
‘‘Sec. 6050P. Returns relating to the cancellation of indebtedness by certain
entities.’’
Effective date. (n) Effective October 1, 1995, section 11 of the Administrative
31 USC 3711 Dispute Resolution Act (Public Law 101–552, 5 U.S.C. 571 note)
note. shall not apply to the amendment made by section 8(b) of such
Act.
(o)(1) IN GENERAL.—Chapter 37 of title 31, United States Code,
is amended in subchapter II by adding after section 3720C, as
added by subsection (t) of this section, the following new section:
‘‘§ 3720D. Garnishment
‘‘(a) Notwithstanding any provision of State law, the head of
an executive, judicial, or legislative agency that administers a pro-
gram that gives rise to a delinquent nontax debt owed to the
United States by an individual may in accordance with this section
garnish the disposable pay of the individual to collect the amount
owed, if the individual is not currently making required repayment
in accordance with any agreement between the agency head and
the individual.
‘‘(b) In carrying out any garnishment of disposable pay of an
individual under subsection (a), the head of an executive, judicial,
or legislative agency shall comply with the following requirements:
‘‘(1) The amount deducted under this section for any pay
period may not exceed 15 percent of disposable pay, except
that a greater percentage may be deducted with the written
consent of the individual.
Notification. ‘‘(2) The individual shall be provided written notice, sent
by mail to the individual’s last known address, a minimum
of 30 days prior to the initiation of proceedings, from the
head of the executive, judicial, or legislative agency, informing
the individual of—
‘‘(A) the nature and amount of the debt to be collected;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–370
‘‘(B) the intention of the agency to initiate proceedings
to collect the debt through deductions from pay; and
‘‘(C) an explanation of the rights of the individual
under this section.
‘‘(3) The individual shall be provided an opportunity to Records.
inspect and copy records relating to the debt.
‘‘(4) The individual shall be provided an opportunity to Contracts.
enter into a written agreement with the executive, judicial,
or legislative agency, under terms agreeable to the head of
the agency, to establish a schedule for repayment of the debt.
‘‘(5) The individual shall be provided an opportunity for
a hearing in accordance with subsection (c) on the determina-
tion of the head of the executive, judicial, or legislative agency
concerning—
‘‘(A) the existence or the amount of the debt, and
‘‘(B) in the case of an individual whose repayment
schedule is established other than by a written agreement
pursuant to paragraph (4), the terms of the repayment
schedule.
‘‘(6) If the individual has been reemployed within 12 months
after having been involuntarily separated from employment,
no amount may be deducted from the disposable pay of the
individual until the individual has been reemployed continu-
ously for at least 12 months.
‘‘(c)(1) A hearing under subsection (b)(5) shall be provided prior
to issuance of a garnishment order if the individual, on or before
the 15th day following the mailing of the notice described in sub-
section (b)(2), and in accordance with such procedures as the head
of the executive, judicial, or legislative agency may prescribe, files
a petition requesting such a hearing.
‘‘(2) If the individual does not file a petition requesting a
hearing prior to such date, the head of the agency shall provide
the individual a hearing under subsection (a)(5) upon request, but
such hearing need not be provided prior to issuance of a garnish-
ment order.
‘‘(3) The hearing official shall issue a final decision at the
earliest practicable date, but not later than 60 days after the
filing of the petition requesting the hearing.
‘‘(d) The notice to the employer of the withholding order shall
contain only such information as may be necessary for the employer
to comply with the withholding order.
‘‘(e)(1) An employer may not discharge from employment, refuse
to employ, or take disciplinary action against an individual subject
to wage withholding in accordance with this section by reason
of the fact that the individual’s wages have been subject to garnish-
ment under this section, and such individual may sue in a State
or Federal court of competent jurisdiction any employer who takes
such action.
‘‘(2) The court shall award attorneys’ fees to a prevailing Courts.
employee and, in its discretion, may order reinstatement of the
individual, award punitive damages and back pay to the employee,
or order such other remedy as may be reasonably necessary.
‘‘(f)(1) The employer of an individual—
‘‘(A) shall pay to the head of an executive, judicial, or
legislative agency as directed in a withholding order issued
in an action under this section with respect to the individual,
and
110 STAT. 1321–371 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(B) shall be liable for any amount that the employer
fails to withhold from wages due an employee following receipt
by such employer of notice of the withholding order, plus attor-
neys’ fees, costs, and, in the court’s discretion, punitive dam-
ages.
‘‘(2)(A) The head of an executive, judicial, or legislative agency
may sue an employer in a State or Federal court of competent
jurisdiction to recover amounts for which the employer is liable
under paragraph (1)(B).
‘‘(B) A suit under this paragraph may not be filed before the
termination of the collection action, unless earlier filing is necessary
to avoid expiration of any applicable statute of limitations period.
‘‘(3) Notwithstanding paragraphs (1) and (2), an employer shall
not be required to vary its normal pay and disbursement cycles
in order to comply with this subsection.
‘‘(g) For the purpose of this section, the term ‘disposable pay’
means that part of the compensation of any individual from an
employer remaining after the deduction of any amounts required
by any other law to be withheld.
Regulations. ‘‘(h) The Secretary of the Treasury shall issue regulations to
implement this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections for subchapter
II of chapter 37 of title 31, United States Code, is amended by
inserting after the item relating to section 3720C (as added by
subsection (t) of this section) the following new item:
‘‘3720D. Garnishment.’’.
(p) Section 3711 of title 31, United States Code, as amended
by subsection (m) of this section, is further amended by adding
at the end the following new subsection:
‘‘(i)(1) The head of an executive, judicial, or legislative agency
may sell, subject to section 504(b) of the Federal Credit Reform
Act of 1990 and using competitive procedures, any nontax debt
owed to the United States that is delinquent for more than 90
days. Appropriate fees charged by a contractor to assist in the
conduct of a sale under this subsection may be payable from the
proceeds of the sale.
‘‘(2) After terminating collection action, the head of an execu-
tive, judicial, or legislative agency shall sell, using competitive
procedures, any nontax debt or class of nontax debts owed to
the United States, if the Secretary of the Treasury determines
the sale is in the best interests of the United States.
‘‘(3) Sales of nontax debt under this subsection—
‘‘(A) shall be for—
‘‘(i) cash, or
‘‘(ii) cash and a residuary equity or profit participation,
if the head of the agency reasonably determines that the
proceeds will be greater than sale solely for cash,
‘‘(B) shall be without recourse, but may include the use
of guarantees if otherwise authorized, and
‘‘(C) shall transfer to the purchaser all rights of the Govern-
ment to demand payment of the nontax debt, other than with
respect to a residuary equity or profit participation under
subparagraph (A)(ii).
Reports. ‘‘(4)(A) Within one year after the date of enactment of the
Debt Collection Improvement Act of 1996, each executive agency
with current and delinquent collateralized nontax debts shall report
to the Congress on the valuation of its existing portfolio of loans,
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–372
notes and guarantees, and other collateralized debts based on stand-
ards developed by the Director of the Office of Management and
Budget, in consultation with the Secretary of the Treasury.
‘‘(B) The Director of the Office of Management and Budget
shall determine what information is required to be reported to
comply with subparagraph (A). At a minimum, for each financing
account and for each liquidating account (as those terms are defined
in sections 502(7) and 502(8), respectively, of the Federal Credit
Reform Act of 1990) the following information shall be reported:
‘‘(i) The cumulative balance of current debts outstanding,
the estimated net present value of such debts, the annual
administrative expenses of those debts (including the portion
of salaries and expenses that are directly related thereto), and
the estimated net proceeds that would be received by the
Government if such debts were sold.
‘‘(ii) The cumulative balance of delinquent debts, debts
outstanding, the estimated net present value of such debts,
the annual administrative expenses of those debts (including
the portion of salaries and expenses that are directly related
thereto), and the estimated net proceeds that would be received
by the Government if such debts were sold.
‘‘(iii) The cumulative balance of guaranteed loans outstand-
ing, the estimated net present value of such guarantees, the
annual administrative expenses of such guarantees (including
the portion of salaries and expenses that are directly related
to such guaranteed loans), and the estimated net proceeds
that would be received by the Government if such loan guaran-
tees were sold.
‘‘(iv) The cumulative balance of defaulted loans that were
previously guaranteed and have resulted in loans receivables,
the estimated net present value of such loan assets, the annual
administrative expenses of such loan assets (including the por-
tion of salaries and expenses that are directly related to such
loan assets), and the estimated net proceeds that would be
received by the Government if such loan assets were sold.
‘‘(v) The marketability of all debts.
‘‘(5) This subsection is not intended to limit existing statutory
authority of agencies to sell loans, debts, or other assets.’’.
(q) Section 3717 of title 31, United States Code, is amended
by adding at the end of subsection (h) the following new subsection:
‘‘(i)(1) The head of an executive, judicial, or legislative agency
may increase an administrative claim by the cost of living adjust-
ment in lieu of charging interest and penalties under this section.
Adjustments under this subsection will be computed annually.
‘‘(2) For the purpose of this subsection—
‘‘(A) the term ‘cost of living adjustment’ means the percent-
age by which the Consumer Price Index for the month of
June of the calendar year preceding the adjustment exceeds
the Consumer Price Index for the month of June of the calendar
year in which the claim was determined or last adjusted; and
‘‘(B) the term ‘administrative claim’ includes all debt that
is not based on an extension of Government credit through
direct loans, loan guarantees, or insurance, including fines,
penalties, and overpayments.’’.
(r)(1) IN GENERAL.—Chapter 37 of title 31, United States Code,
is amended in subchapter II by adding after section 3720D, as
added by subsection (o) of this section, the following new section:
110 STAT. 1321–373 PUBLIC LAW 104–134—APR. 26, 1996
‘‘§ 3720E. Dissemination of information regarding identity
of delinquent debtors
‘‘(a) The head of any agency may, with the review of the
Secretary of the Treasury, for the purpose of collecting any delin-
quent nontax debt owed by any person, publish or otherwise publicly
disseminate information regarding the identity of the person and
the existence of the nontax debt.
Regulations. ‘‘(b)(1) The Secretary of the Treasury, in consultation with
the Director of the Office of Management and Budget and the
heads of other appropriate Federal agencies, shall issue regulations
establishing procedures and requirements the Secretary considers
appropriate to carry out this section.
‘‘(2) Regulations under this subsection shall include—
‘‘(A) standards for disseminating information that maximize
collections of delinquent nontax debts, by directing actions
under this section toward delinquent debtors that have assets
or income sufficient to pay their delinquent nontax debt;
‘‘(B) procedures and requirements that prevent dissemina-
tion of information under this section regarding persons who
have not had an opportunity to verify, contest, and compromise
their nontax debt in accordance with this subchapter; and
‘‘(C) procedures to ensure that persons are not incorrectly
identified pursuant to this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections for subchapter
II of chapter 37 of title 31, United States Code, is amended by
adding after the item relating to section 3720D (as added by sub-
section (o) of this section) the following new item:
‘‘3720E. Dissemination of information regarding identity of delinquent debtors.’’.
(s)(1) IN GENERAL.—The Federal Civil Penalties Inflation
Adjustment Act of 1990 (Public Law 101–410, 104 Stat. 890; 28
U.S.C. 2461 note) is amended—
(A) by amending section 4 to read as follows:
‘‘SEC. 4. The head of each agency shall, not later than 180
days after the date of enactment of the Debt Collection Improvement
Act of 1996, and at least once every 4 years thereafter—
Regulations. ‘‘(1) by regulation adjust each civil monetary penalty pro-
vided by law within the jurisdiction of the Federal agency,
except for any penalty (including any addition to tax and addi-
tional amount) under the Internal Revenue Code of 1986, the
Tariff Act of 1930, the Occupational Safety and Health Act
of 1970, or the Social Security Act, by the inflation adjustment
described under section 5 of this Act; and
Federal Register, ‘‘(2) publish each such regulation in the Federal Register.’’;
Publication. (B) in section 5(a), by striking ‘‘The adjustment described
under paragraphs (4) and (5)(A) of section 4’’ and inserting
‘‘The inflation adjustment under section 4’’; and
(C) by adding at the end the following new section:
‘‘SEC. 7. Any increase under this Act in a civil monetary penalty
shall apply only to violations which occur after the date the increase
takes effect.’’.
28 USC 2461 (2) LIMITATION ON INITIAL ADJUSTMENT.—The first adjustment
note. of a civil monetary penalty made pursuant to the amendment
made by paragraph (1) may not exceed 10 percent of such penalty.
(t)(1) IN GENERAL.—Title 31, United States Code, is amended
by inserting after section 3720B (as added by subsection (j) of
this section) the following new section:
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–374
‘‘§ 3720C. Debt Collection Improvement Account
‘‘(a)(1) There is hereby established in the Treasury a special Nomenclature.
fund to be known as the ‘Debt Collection Improvement Account’
(hereinafter in this section referred to as the ‘Account’).
‘‘(2) The Account shall be maintained and managed by the
Secretary of the Treasury, who shall ensure that agency programs
are credited with amounts transferred under subsection (b)(1).
‘‘(b)(1) Not later than 30 days after the end of a fiscal year,
an agency may transfer to the Account the amount described in
paragraph (3), as adjusted under paragraph (4).
‘‘(2) Agency transfers to the Account may include collections
from—
‘‘(A) salary, administrative, and tax refund offsets;
‘‘(B) the Department of Justice;
‘‘(C) private collection agencies;
‘‘(D) sales of delinquent loans; and
‘‘(E) contracts to locate or recover assets.
‘‘(3) The amount referred to in paragraph (1) shall be 5 percent
of the amount of delinquent debt collected by an agency in a
fiscal year, minus the greater of—
‘‘(A) 5 percent of the amount of delinquent nontax debt
collected by the agency in the previous fiscal year, or
‘‘(B) 5 percent of the average annual amount of delinquent
nontax debt collected by the agency in the previous 4 fiscal
years.
‘‘(4) In consultation with the Secretary of the Treasury, the
Office of Management and Budget may adjust the amount described
in paragraph (3) for an agency to reflect the level of effort in
credit management programs by the agency. As an indicator of
the level of effort in credit management, the Office of Management
and Budget shall consider the following:
‘‘(A) The number of days between the date a claim or
debt became delinquent and the date which an agency referred
the debt or claim to the Secretary of the Treasury or obtained
an exemption from this referral under section 3711(g)(2) of
this title.
‘‘(B) The ratio of delinquent debts or claims to total receiv-
ables for a given program, and the change in this ratio over
a period of time.
‘‘(c)(1) The Secretary of the Treasury may make payments
from the Account solely to reimburse agencies for qualified expenses.
For agencies with franchise funds, such payments may be credited
to subaccounts designated for debt collection.
‘‘(2) For purposes of this section, the term ‘qualified expenses’
means expenditures for the improvement of credit management,
debt collection, and debt recovery activities, including—
‘‘(A) account servicing (including cross-servicing under sec-
tion 3711(g) of this title),
‘‘(B) automatic data processing equipment acquisitions,
‘‘(C) delinquent debt collection,
‘‘(D) measures to minimize delinquent debt,
‘‘(E) sales of delinquent debt,
‘‘(F) asset disposition, and
‘‘(G) training of personnel involved in credit and debt
management.
‘‘(3)(A) Amounts transferred to the Account shall be available
to the Secretary of the Treasury for purposes of this section to
110 STAT. 1321–375 PUBLIC LAW 104–134—APR. 26, 1996
the extent and in amounts provided in advance in appropriations
Acts.
‘‘(B) As soon as practicable after the end of the third fiscal
year after which amounts transferred are first available pursuant
to this section, and every 3 years thereafter, any uncommitted
balance in the Account shall be transferred to the general fund
of the Treasury as miscellaneous receipts.
‘‘(d) For direct loans and loan guarantee programs subject to
title V of the Congressional Budget Act of 1974, amounts credited
in accordance with subsection (c) shall be considered administrative
costs.
Rules, ‘‘(e) The Secretary of the Treasury shall prescribe such rules,
regulations, and regulations, and procedures as the Secretary considers necessary
procedures. or appropriate to carry out the purposes of this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections for chapter
37 of title 31, United States Code, is amended by inserting after
the item relating to section 3720B (as added by subsection (j)
of this section) the following new item:
‘‘3720C. Debt Collection Improvement Account.’’.
(u)(1) DISCRETIONARY AUTHORITY.—Section 3720A of title 31,
United States Code, is amended by adding after subsection (h)
the following new subsection:
‘‘(i) An agency subject to section 9 of the Act of May 18,
1933 (16 U.S.C. 831h), may implement this section at its discre-
tion.’’.
(2) FEDERAL AGENCY DEFINED.—Section 6402(f) of the Internal
Revenue Code of 1986 (26 U.S.C. 6402(f)) is amended to read
as follows:
‘‘(f) FEDERAL AGENCY.—For purposes of this section, the term
‘Federal agency’ means a department, agency, or instrumentality
of the United States, and includes a Government corporation (as
such term is defined in section 103 of title 5, United States Code).’’.
(v)(1) NOTIFICATION OF SECRETARY OF THE TREASURY.—Section
3720A(a) of title 31, United States Code, is amended to read as
follows:
Notification. ‘‘(a) Any Federal agency that is owed by a person a past-
due, legally enforceable debt (including debt administered by a
third party acting as an agent for the Federal Government) shall,
and any agency subject to section 9 of the Act of May 18, 1933
(16 U.S.C. 831h), owed such a debt may, in accordance with regula-
tions issued pursuant to subsections (b) and (d), notify the Secretary
of the Treasury at least once each year of the amount of such
debt.’’.
(2) IMPLEMENTATION OF SUPPORT COLLECTION BY SECRETARY
OF THE TREASURY.—Section 464(a) of the Social Security Act (42
U.S.C. 664(a)) is amended—
(1) in paragraph (1), by adding at the end the following:
‘‘This subsection may be executed by the disbursing official
of the Department of the Treasury.’’; and
(2) in paragraph (2)(A), by adding at the end the following:
‘‘This subsection may be executed by the Secretary of the
Department of the Treasury or his designee.’’.
(w) Section 3720A(h) of title 31, United States Code, is amended
to read as follows:
‘‘(h)(1) The disbursing official of the Department of the Treas-
ury—
Notification. ‘‘(1) shall notify a taxpayer in writing of—
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–376
‘‘(A) the occurrence of an offset to satisfy a past-due
legally enforceable nontax debt;
‘‘(B) the identity of the creditor agency requesting the
offset; and
‘‘(C) a contact point within the creditor agency that
will handle concerns regarding the offset;
‘‘(2) shall notify the Internal Revenue Service on a weekly Notification.
basis of—
‘‘(A) the occurrence of an offset to satisfy a past-due
legally enforceable non-tax debt;
‘‘(B) the amount of such offset; and
‘‘(C) any other information required by regulations;
and
‘‘(3) shall match payment records with requests for offset Records.
by using a name control, taxpayer identifying number (as that
term is used in section 6109 of the Internal Revenue Code
of 1986), and any other necessary identifiers.’’.
‘‘(h)(2) The term ‘disbursing official’ of the Department of the
Treasury means the Secretary or his designee.’’
(x)(1) AMENDMENTS RELATING TO ELECTRONIC FUNDS TRANS-
FER.—Section 3332 of title 31, United States Code, popularly known
as the Federal Financial Management Act of 1994, is amended—
(A) by redesignating subsection (e) as subsection (h), and
inserting after subsection (d) the following new subsections:
‘‘(e)(1) Notwithstanding subsections (a) through (d) of this sec-
tion, sections 5120 (a) and (d) of title 38, and any other provision
of law, all Federal payments to a recipient who becomes eligible
for that type of payment after 90 days after the date of the enact-
ment of the Debt Collection Improvement Act of 1996 shall be
made by electronic funds transfer.
‘‘(2) The head of a Federal agency shall, with respect to Federal
payments made or authorized by the agency, waive the application
of paragraph (1) to a recipient of those payments upon receipt
of written certification from the recipient that the recipient does
not have an account with a financial institution or an authorized
payment agent.
‘‘(f)(1) Notwithstanding any other provision of law (including
subsections (a) through (e) of this section and sections 5120 (a)
and (d) of title 38), except as provided in paragraph (2) all Federal
payments made after January 1, 1999, shall be made by electronic
funds transfer.
‘‘(2)(A) The Secretary of the Treasury may waive application
of this subsection to payments—
‘‘(i) for individuals or classes of individuals for whom
compliance imposes a hardship;
‘‘(ii) for classifications or types of checks; or
‘‘(iii) in other circumstances as may be necessary.
‘‘(B) The Secretary of the Treasury shall make determinations
under subparagraph (A) based on standards developed by the Sec-
retary.
‘‘(g) Each recipient of Federal payments required to be made
by electronic funds transfer shall—
‘‘(1) designate 1 or more financial institutions or other
authorized agents to which such payments shall be made; and
‘‘(2) provide to the Federal agency that makes or authorizes
the payments information necessary for the recipient to receive
110 STAT. 1321–377 PUBLIC LAW 104–134—APR. 26, 1996
electronic funds transfer payments through each institution
or agent designated under paragraph (1).’’; and
(B) by adding after subsection (h) (as so redesignated)
the following new subsections:
‘‘(i)(1) The Secretary of the Treasury may prescribe regulations
that the Secretary considers necessary to carry out this section.
‘‘(2) Regulations under this subsection shall ensure that individ-
uals required under subsection (g) to have an account at a financial
institution because of the application of subsection (f)(1)—
‘‘(A) will have access to such an account at a reasonable
cost; and
‘‘(B) are given the same consumer protections with respect
to the account as other account holders at the same financial
institution.
‘‘(j) For purposes of this section—
‘‘(1) The term ‘electronic funds transfer’ means any transfer
of funds, other than a transaction originated by cash, check,
or similar paper instrument, that is initiated through an elec-
tronic terminal, telephone, computer, or magnetic tape, for the
purpose of ordering, instructing, or authorizing a financial
institution to debit or credit an account. The term includes
Automated Clearing House transfers, Fed Wire transfers, trans-
fers made at automatic teller machines, and point-of-sale
terminals.
‘‘(2) The term ‘Federal agency’ means—
‘‘(A) an agency (as defined in section 101 of this title);
and
‘‘(B) a Government corporation (as defined in section
103 of title 5).
‘‘(3) The term ‘Federal payments’ includes—
‘‘(A) Federal wage, salary, and retirement payments;
‘‘(B) vendor and expense reimbursement payments; and
‘‘(C) benefit payments.
Such term shall not include any payment under the Internal
Revenue Code of 1986.’’
(2) AMENDMENTS RELATING TO SUBSTITUTE CHECKS.—Section
3331 of title 31, United States Code, is amended—
(A) in subsection (b), by striking ‘‘subsection (c)’’ and insert-
ing ‘‘subsection (c) or (f)’’;
(B) by redesignating subsection (f) as subsection (g); and
(C) by inserting after subsection (e) the following new
subsection:
‘‘(f) The Secretary may waive any provision of this section
as may be necessary to ensure that claimants receive timely
payments.’’.
(3) PERMANENT FUNDING OF THE CHECK FORGERY INSURANCE
FUND.—Section 3343 of title 31, United States Code, is amended—
(A) in subsection (a), by amending the second sentence
to read as follows: ‘‘Necessary amounts are hereafter appro-
priated to the Fund out of any moneys in the Treasury not
otherwise appropriated, and shall remain available until
expended to make the payments required or authorized under
this section.’’;
(B) in subsection (b)—
(i) by inserting ‘‘in the determination of the Secretary
the payee or special endorse establishes that’’ after ‘‘without
interest if’’;
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–378
(ii) in paragraph (2), by inserting ‘‘and’’ after the semi-
colon;
(iii) in paragraph (3), by striking ‘‘; and’’ and inserting
a period; and
(iv) by striking paragraph (4);
(C) in subsection (d), by inserting after the first sentence
the following new sentence: ‘‘The Secretary may use amounts
in the Fund to reimburse payment certifying or authorizing
agencies for any payment that the Secretary determines would
otherwise have been payable from the Fund, and may reimburse
certifying or authorizing agencies with amounts recovered
because of payee nonentitlement.’’;
(D) by redesignating subsection (e) as subsection (g); and
(E) by inserting after subsection (d) the following new
subsections:
‘‘(e) The Secretary may waive any provision of this section
as may be necessary to ensure that claimants receive timely
payments.
‘‘(f) Under such conditions as the Secretary may prescribe,
the Secretary may delegate duties and powers of the Secretary
under this section to the head of an agency. Consistent with a
delegation from the Secretary under this subsection, the head of
an agency may redelegate those duties and powers to officers or
employees of the agency.’’.
(y) Section 3325 of title 31, United States Code, is amended
by adding at the end the following new subsection:
‘‘(d) The head of an executive agency or an officer or employee
of an executive agency referred to in subsection (a)(1)(B), as
applicable, shall include with each certified voucher submitted to
a disbursing official pursuant to this section the taxpayer identifying
number of each person to whom payment may be made under
the voucher.’’.
(z)(1) IN GENERAL.—Section 3701 of title 31, United States
Code, is amended—
(A) by amending subsection (a)(1) to read as follows:
‘‘(1) ‘administrative offset’ means withholding funds pay-
able by the United States (including funds payable by the
United States on behalf of a State government) to, or held
by the United States for, a person to satisfy a claim.’’;
(B) by amending subsection (b) to read as follows:
‘‘(b)(1) In subchapter II of this chapter and subsection (a)(8)
of this section, the term ‘claim’ or ‘debt’ means any amount of
funds or property that has been determined by an appropriate
official of the Federal Government to be owed to the United States
by a person, organization, or entity other than another Federal
agency. A claim includes, without limitation—
‘‘(A) funds owed on account of loans made, insured, or
guaranteed by the Government, including any deficiency or
any difference between the price obtained by the Government
in the sale of a property and the amount owed to the Govern-
ment on a mortgage on the property,
‘‘(B) expenditures of nonappropriated funds,
‘‘(C) over-payments, including payments disallowed by
audits performed by the Inspector General of the agency admin-
istering the program,
‘‘(D) any amount the United States is authorized by statute
to collect for the benefit of any person,
110 STAT. 1321–379 PUBLIC LAW 104–134—APR. 26, 1996
‘‘(E) the unpaid share of any non-Federal partner in a
program involving a Federal payment and a matching, or cost-
sharing, payment by the non-Federal partner,
‘‘(F) any fines or penalties assessed by an agency; and
‘‘(G) other amounts of money or property owed to the
Government.
‘‘(2) For purposes of section 3716 of this title, each of the
terms ‘claim’ and ‘debt’ includes an amount of funds or property
owed by a person to a State (including any past-due support being
enforced by the State), the District of Columbia, American Samoa,
Guam, the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, or the Commonwealth of Puerto
Rico.’’;
(C) by adding after subsection (d) the following new sub-
section:
‘‘(e) In section 3716 of this title—
‘‘(1) ‘creditor agency’ means any agency owed a claim that
seeks to collect that claim through administrative offset; and
‘‘(2) ‘payment certifying agency’ means any agency that
has transmitted a voucher to a disbursing official for disburse-
ment.
‘‘(f) In section 3711 of this title, ‘private collection contractor’
means private debt collectors under contract with an agency to
collect a nontax debt or claim owed the United States. The term
includes private debt collectors, collection agencies, and commercial
attorneys.’’; and
(D) by amending subsection (d) to read as follows:
‘‘(d) Sections 3711(f) and 3716–3719 of this title do not apply
to a claim or debt under, or to an amount payable under—
‘‘(1) the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.),
‘‘(2) the Social Security Act (42 U.S.C. 301 et seq.), except
to the extent provided under section 204(f) of such Act and
section 3716(c) of this title, or
‘‘(3) the tariff laws of the United States.’’.
(2) SOCIAL SECURITY.—
(A) APPLICATION OF AMENDMENTS MADE BY THIS ACT.—
Subsection (f) of section 204 of the Social Security Act (42
U.S.C. 404) is amended to read as follows:
‘‘(f)(1) With respect to any deliquent amount, the Commis-
sioner of Social Security may use the collection practices
described in sections 3711(f), 3716, 3717, and 3718 of title
31, United States Code and in section 5514 of title 5, United
States Code, as in effect immediately after the enactment of
the Debt Collection Improvement Act of 1996.’’
(B) PERMANENT APPLICATION.—Subsection (c) of section 5
of the Social Security Domestic Reform Act of 1994 (Public
31 USC 3701 Law 103–387) is amended by striking ‘‘and before’’ and all
note. that follows and inserting a period.
31 USC 3711 (aa)(1) GUIDELINES.—The Secretary of the Treasury, in con-
note. sultation with concerned Federal agencies, may establish guidelines,
including information on outstanding debt, to assist agencies in
the performance and monitoring of debt collection activities.
31 USC 3711 (2) REPORT.—Not later than 3 years after the date of enactment
note. of this Act, the Secretary of the Treasury shall report to the Con-
gress on collection services provided by Federal agencies or entities
collecting debt on behalf of other Federal agencies under the
PUBLIC LAW 104–134—APR. 26, 1996 110 STAT. 1321–380
authorities contained in section 3711(g) of title 31, United States
Code, as added by subsection (m) of this section.
(3) AGENCY REPORTS.—Section 3719 of title 31, United States
Code, is amended—
(A) in subsection (a)—
(i) by amending the first sentence to read as follows: Regulations.
‘‘In consultation with the Comptroller General of the United
States, the Secretary of the Treasury shall prescribe regula-
tions requiring the head of each agency with outstanding
nontax claims to prepare and submit to the Secretary at
least once each year a report summarizing the status of
loans and accounts receivable that are managed by the
head of the agency.’’; and
(ii) in paragraph (3), by striking ‘‘Director’’ and insert-
ing ‘‘Secretary’’; and
(B) in subsection (b), by striking ‘‘Director’’ and inserting
‘‘Secretary’’.
(4) CONSOLIDATION OF REPORTS.—Notwithstanding any other 31 USC 3719
provision of law, the Secretary of the Treasury may consolidate note.
reports concerning debt collection otherwise required to be submit-
ted by the Secretary into one annual report.
(bb) The Director of the Office of Management and Budget 31 USC 3711
shall— note.
(1) review the standards and policies of each Federal agency
for compromising, writing-down, forgiving, or discharging
indebtedness arising from programs of the agency;
(2) determine whether those standards and policies are
consistent and protect the interests of the United States;
(3) in the case of any Federal agency standard or policy
that the Director determines is not consistent or does not
protect the interests of the United States, direct the head
of the agency to make appropriate modifications to the standard
or policy; and
(4) report annually to the Congress on—
(A) deficiencies in the standards and policies of Federal
agencies for compromising, writing-down, forgiving, or
discharging indebtedness; and
(B) progress made in improving those standards and
policies.
(cc)(1) ELIMINATION OF MINIMUM NUMBER OF CONTRACTS.—
Section 3718(b)(1)(A) of title 31, United States Code, is amended
by striking the fourth sentence.
(2) REPEAL.—Sections 3 and 5 of the Act of October 28, 1986
(popularly known as the Federal Debt Recovery Act; Public Law
99–578, 100 Stat. 3305) are hereby repealed. 31 USC 3718
notes.
FEDERAL ADMINISTRATIVE AND PERSONAL SERVICES
EXPENSES
(RECISSIONS)
SEC. 31002. (a) Of the funds available to the agencies of the
Federal Government, $500,000,000 are hereby rescinded: Provided,
That rescissions pursuant to this paragraph shall be taken only
from administrative and personal services and contractual services
and supplies accounts: Provided further, That rescissions shall be
taken on a pro rata basis from funds available to every Federal
110 STAT. 1321–381 PUBLIC LAW 104–134—APR. 26, 1996
agency, department, and office in the Executive Branch, including
the Office of the President.
Records. (b) Within 30 days of enactment of this Act, the Director of
the Office of Management and Budget shall submit to the Commit-
tees on Appropriations of the House and Senate a listing of the
amounts by account of the reductions made pursuant to the provi-
sions of subsections (a) and (b) of this section.
This Act may be cited as the ‘‘Omnibus Consolidated Rescissions
and Appropriations Act of 1996’’.
Approved April 26, 1996.
LEGISLATIVE HISTORY—H.R. 3019 (S. 1594):
HOUSE REPORTS: No. 104–537 (Comm. of Conference).
SENATE REPORTS: No. 104–236 accompanying S. 1594 (Comm. on Appropria-
tions).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Mar. 7, considered and passed House.
Mar. 11–15, 18, 19, considered and passed Senate, amended.
Apr. 25, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Apr. 26, Presidential statement.
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