[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4603 Enrolled Bill (ENR)]
H.R.4603
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies programs for the fiscal year
ending September 30, 1995, and making supplemental appropriations for
these departments and agencies for the fiscal year ending September 30,
1994, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1995, and for
other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE AND RELATED AGENCIES
DEPARTMENT OF JUSTICE
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, and the Missing Children's Assistance Act, as
amended, including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended, $98,100,000, 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), of which $750,000 of the funds
provided under the Missing Children's Program shall be made available
as a grant to a national voluntary organization representing Alzheimer
patients and families to plan, design, and operate the ``Safe Return''
Program.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, for State and Local Narcotics Control
and Justice Assistance Improvements, notwithstanding the provisions of
section 511 of said Act, $62,000,000, 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: (a)
$50,000,000 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; (b) $12,000,000 shall be available to carry out
the provisions of chapter B of subpart 2 of part E of title I of said
Act, for Correctional Options Grants: Provided, That of the funds made
available in fiscal year 1995 under chapter A of subpart 2 of part E of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended: (a) $2,000,000 shall be available for the District of Columbia
Metropolitan Area Drug Enforcement Task Force;P (b) not to exceed
$500,000 shall be available to make grants or enter contracts to carry
out the Denial of Federal Benefits program under the Controlled
Substances Act, as amended by the Crime Control Act of 1990 (21 U.S.C.
862); and (c) $500,000 shall be available to carry out the provisions
of the Anti Car Theft Act of 1992 (Public Law 102-519), for grants to
be used in combating motor vehicle theft, of which $200,000 shall be
available pursuant to subtitle B of title I of said Act, and of which
$300,000 shall be available pursuant to section 306 of title III of
said Act: Provided further, That funds made available in fiscal year
1995 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
for the prosecution of driving while intoxicated charges and the
enforcement of other laws relating to alcohol use and the operation of
motor vehicles: Provided further, That funds made available in fiscal
year 1995 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.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, including salaries and expenses in connection
therewith to be transferred to and merged with the appropriations for
Justice Assistance, $144,000,000, to remain available until expended,
as authorized by section 299 of part I of title II and section 506 of
title V of said Act, as amended by Public Law 102-586, of which: (a)
$100,000,000 shall be available for expenses authorized by parts A, B,
and C of title II of said Act; (b) $10,000,000 shall be available for
expenses authorized by sections 281 and 282 of part D of title II of
said Act for prevention and treatment programs relating to juvenile
gangs; (c) $10,000,000 shall be available for expenses authorized by
section 285 of part E of title II of said Act; (d) $4,000,000 shall be
available for expenses authorized by part G of title II of said Act for
juvenile mentoring programs; and (e) $20,000,000 shall be available for
expenses authorized by title V of said Act for incentive grants for
local delinquency prevention programs.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act of 1990,
as amended, $11,250,000, to remain available until expended, as
authorized by sections 214B, 218, and 224 of said Act, of which: (a)
$500,000 shall be available for expenses authorized by section 213 of
said Act for regional children's advocacy centers; (b) $2,000,000 shall
be available for expenses authorized by section 214 of said Act for
local children's advocacy centers; (c) $2,000,000 shall be available
for technical assistance and training, as authorized by section 214A of
said Act, of which $1,500,000 is for a grant to the American Prosecutor
Research Institute's National Center for Prosecution of Child Abuse,
and of which $500,000 is for a grant to the National Network of Child
Advocacy Centers; (d) $1,000,000 shall be available for training and
technical assistance, as authorized by section 217(b)(1) of said Act
for a grant to the National Court Appointed Special Advocates program;
(e) $5,000,000 shall be available for expenses authorized by section
217(b)(2) of said Act to initiate and expand local court appointed
special advocate programs; and (f) $750,000, notwithstanding section
224(b) of said Act, shall be available to develop and distribute model
technical assistance and training programs to improve the handling of
child abuse and neglect cases, as authorized by section 223(a) of said
Act, for a grant to the National Council of Juvenile and Family Court
Judges.
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, $2,072,000, to remain available until expended, for
payments as authorized by section 1201(b) of said Act.
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $120,185,000; of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That of the offsetting collections credited to this account, $37,000
are permanently canceled.
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, $30,500,000; 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: Provided, That of the offsetting
collections credited to this account, $24,000 are permanently canceled.
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, $13,456,000, to remain available until expended for
intergovernmental agreements, including grants, cooperative agreements,
and contracts, with State and local law enforcement agencies engaged in
the investigation and prosecution of violent crimes and drug offenses
in ``Weed and Seed'' designated communities, and for either
reimbursements or transfers to appropriation accounts of the Department
of Justice and other Federal agencies which shall be specified by the
Attorney General to execute the ``Weed and Seed'' program strategy:
Provided, That funds designated by Congress through language for other
Department of Justice appropriation accounts for ``Weed and Seed''
program activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed: Provided
further, That the Attorney General may direct the use of other
Department of Justice funds and personnel in support of ``Weed and
Seed'' program activities only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
working capital fund
Of the offsetting collections credited to this account, $387,000
are permanently canceled.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $7,451,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia; $417,202,000; 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 $50,099,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the United
States National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That notwithstanding 31
U.S.C. 1342, the Attorney General may accept on behalf of the United
States and credit to this appropriation, gifts of money, personal
property and services, for the purpose of hosting the International
Criminal Police Organization's (INTERPOL) American Regional Conference
in the United States during fiscal year 1995: Provided further, That of
the offsetting collections credited to this account, $99,000 are
permanently canceled.
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 $2,500,000 to be appropriated
from the Vaccine Injury Compensation Trust Fund, as authorized by
section 6601 of the Omnibus Budget Reconciliation Act, 1989, as amended
by Public Law 101-509 (104 Stat. 1289).
civil liberties public education fund
For research contracts and public education activities, and to
publish and distribute the hearings, findings, and recommendations of
the Commission on Wartime Relocation and Internment of Civilians,
pursuant to section 106(b) of the Civil Liberties Act of 1988 (Public
Law 100-383), $5,000,000, to remain available until expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $80,655,000: Provided, That notwithstanding any other provision
of law, not to exceed $39,640,000 of offsetting collections derived
from fees collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall
be retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated shall be reduced as such offsetting collections are
received during fiscal year 1995, so as to result in a final fiscal
year 1995 appropriation estimated at not more than $41,015,000:
Provided further, That any fees received in excess of $39,640,000 in
fiscal year 1995 shall remain available until expended, but shall not
be available for obligation until October 1, 1995: Provided further,
That of the offsetting collections credited to this account, $155,000
are permanently canceled.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental agreements, $829,723,000, of
which not to exceed $2,500,000 shall be available until September 30,
1996 for the purposes of (1) providing training of personnel of the
Department of Justice in debt collection, (2) providing services to the
Department of Justice related to locating debtors and their property,
such as title searches, debtor skiptracing, asset searches, credit
reports and other investigations, (3) paying the costs of the
Department of Justice for the sale of property not covered by the sale
proceeds, such as auctioneers' fees and expenses, maintenance and
protection of property and businesses, advertising and title search and
surveying costs, and (4) paying the costs of processing and tracking
debts owed to the United States Government: Provided, That of the total
amount appropriated, not to exceed $8,000 shall be available for
official reception and representation expenses: Provided further, That
not to exceed $10,000,000 of those funds available for automated
litigation support contracts shall remain available until expended:
Provided further, That of the offsetting collections credited to this
account, $180,000 are permanently canceled.
In addition, for all reasonable and necessary expenses to implement
the Attorney General's Violent Crime Task Force Initiatives in the
United States Attorney Offices, $15,000,000, to remain available until
expended, including the reasonable and necessary expenses of
intergovernmental, interlocal, cooperative and task force agreements,
however denominated, and contracts with State and local prosecutive and
law enforcement agencies engaged in the investigation and prosecution
of crimes of violence and drug trafficking crimes.
united states trustee system fund
For the necessary expenses of the United States Trustee Program,
$103,190,000, as authorized by 28 U.S.C. 589a(a), to remain available
until expended, for activities authorized by section 115 of the
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy
Act of 1986 (Public Law 99-554), of which $62,593,000 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 $40,597,000 of offsetting
collections derived from fees collected pursuant to section 589a(f) of
title 28, United States Code, as amended by section 111 of Public Law
102-140 (105 Stat. 795), shall be retained and used for necessary
expenses in this appropriation: Provided further, That the $103,190,000
herein appropriated shall be reduced as such offsetting collections are
received during fiscal year 1995, so as to result in a final fiscal
year 1995 appropriation estimated at not more than $62,593,000:
Provided further, That any of the aforementioned fees collected in
excess of $40,597,000 in fiscal year 1995 shall remain available until
expended, but shall not be available for obligation until October 1,
1995: Provided further, That of the offsetting collections credited to
this account, $218,000 are permanently canceled.
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; $396,847,000, 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: Provided, That of the offsetting
collections credited to this account, $95,000 are permanently canceled.
support of united states prisoners
For support of United States prisoners in the custody of the United
States Marshals Service as authorized in 18 U.S.C. 4013, but not
including expenses otherwise provided for in appropriations available
to the Attorney General; $298,216,000, as authorized by 28 U.S.C.
561(i), to remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses,
for expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $78,000,000, to
remain available until expended; of which not to exceed $4,750,000 may
be made available for planning, construction, renovation, maintenance,
remodeling, and repair of buildings and the purchase of equipment
incident thereto for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses; and of which not to exceed $4,000,000 may be made available
for the purchase, installation and maintenance of a secure automated
information network to store and retrieve the identities and locations
of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $20,379,000, of
which not to exceed $10,001,000 shall remain available until expended
to make payments in advance for grants, contracts and reimbursable
agreements and other expenses necessary under section 501(c) of the
Refugee Education Assistance Act of 1980 (Public Law 96-422; 94 Stat.
1809) for the processing, care, maintenance, security, transportation
and reception and placement in the United States of Cuban and Haitian
entrants: Provided, That notwithstanding section 501(e)(2)(B) of the
Refugee Education Assistance Act of 1980 (Public Law 96-422; 94 Stat.
1810), funds may be expended for assistance with respect to Cuban and
Haitian entrants as authorized under section 501(c) of such Act.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C),
(F), and (G), as amended, $55,000,000 to be derived from the Department
of Justice Assets Forfeiture Fund.
Amounts otherwise available for obligation in fiscal year 1995 are
reduced by $92,000.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,655,000.
Interagency Law Enforcement
organized crime drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements
with State and local law enforcement agencies engaged in the
investigation and prosecution of individuals involved in organized
crime drug trafficking, $374,943,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining available at
the end of the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding fiscal
years, subject to the reprogramming procedures described in section 605
of this Act.
Federal Bureau of Investigation
salaries and expenses
For expenses necessary for detection, investigation, and
prosecution of crimes against the United States; including purchase for
police-type use of not to exceed 1,815 passenger motor vehicles of
which 1,300 will be for replacement only, without regard to the general
purchase price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and operation
of aircraft; and not to exceed $70,000 to meet unforeseen emergencies
of a confidential character, to be expended under the direction of, and
to be accounted for solely under the certificate of, the Attorney
General; $2,206,871,000, of which not to exceed $35,000,000 for
automated data processing and telecommunications and technical
investigative equipment and $1,000,000 for undercover operations shall
remain available until September 30, 1996; of which not to exceed
$14,000,000 for research and development related to investigative
activities shall remain available until expended; of which not to
exceed $10,000,000 is authorized to be made available for making
payments or advances for expenses arising out of contractual or
reimbursable agreements with State and local law enforcement agencies
while engaged in cooperative activities related to violent crime,
terrorism, organized crime, and drug investigations; of which
$84,400,000, to remain available until expended, shall only be
available to defray expenses for the automation of fingerprint
identification services and related costs; and of which $1,500,000
shall be available to maintain an independent program office dedicated
solely to the relocation of the Criminal Justice Information Services
Division and the automation of fingerprint identification services:
Provided, That not to exceed $45,000 shall be available for official
reception and representation expenses: Provided further, That of the
offsetting collections credited to this account, $572,000 are
permanently canceled.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to
be accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,265 passenger motor vehicles, of
which 1,115 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;
$757,204,000, of which not to exceed $1,800,000 for research 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, 1996, and of which not to
exceed $50,000 shall be available for official reception and
representation expenses: Provided, That of the offsetting collections
credited to this account, $439,000 are permanently canceled.
Immigration and Naturalization Service
salaries and expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including not to exceed $50,000
to meet unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for solely under
the certificate of, the Attorney General; purchase for police-type use
(not to exceed 813 of which 177 are for replacement only) without
regard to the general purchase price limitation for the current fiscal
year, and hire of passenger motor vehicles; acquisition, lease,
maintenance and operation of aircraft; and research related to
immigration enforcement; $1,102,671,000, of which not to exceed
$400,000 for research shall remain available until expended, and of
which not to exceed $10,000,000 shall be available for costs associated
with the Training program for basic officer training: Provided, That
none of the funds available to the Immigration and Naturalization
Service shall be available for administrative expenses to pay any
employee overtime pay in an amount in excess of $25,000 during the
calendar year beginning January 1, 1995: Provided further, That
uniforms may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That not to
exceed $5,000 shall be available for official reception and
representation expenses: Provided further, That of the offsetting
collections credited to this account, $1,240,000 are permanently
canceled.
construction
For planning, construction, renovation, equipping and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $50,000,000, to remain
available until expended.
immigration emergency fund
For necessary expenses of the immigration emergency fund as
authorized by section 404(b) of the Immigration and Nationality Act,
$75,000,000, to remain available until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 736 of which 383 are for replacement only) and
hire of law enforcement and passenger motor vehicles; and for the
provision of technical assistance and advice on corrections related
issues to foreign governments; $2,356,404,000: Provided, That there may
be transferred to the Health Resources and Services Administration such
amounts as may be necessary, in the discretion of the Attorney General,
for direct expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions: Provided
further, That the Director of the Federal Prison System (FPS), where
necessary, may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the FPS, furnish health services to
individuals committed to the custody of the FPS: Provided further, That
uniforms may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That not to
exceed $6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$50,000,000 for the activation of new facilities shall remain available
until September 30, 1996: Provided further, That of the amounts
provided for Contract Confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance for grants,
contracts and reimbursable agreements and other expenses authorized by
section 501(c) of the Refugee Education Assistance Act of 1980 for the
care and security in the United States of Cuban and Haitian entrants:
Provided further, That any unobligated balances available for the care
of Mariel Cuban detainees under the heading, ``Salaries and Expenses,
Community Relations Service'' are transferred to this heading, and
shall remain available until expended.
National Institute of Corrections
For carrying out the provisions of sections 4351-4353 of title 18,
United States Code, which established a National Institute of
Corrections, and for the provision of technical assistance and advice
on corrections related issues to foreign governments, $10,344,000, to
remain available until expended.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account;
$280,494,000, to remain available until expended, of which not to
exceed $14,074,000 shall be available to construct areas for inmate
work programs: Provided, That labor of United States prisoners may be
used for work performed under this appropriation: Provided further,
That not to exceed 10 per centum of the funds appropriated to
``Buildings and Facilities'' in this Act or any other Act may be
transferred to ``Salaries and Expenses'', Federal Prison System upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate in
compliance with provisions set forth in section 605 of this Act:
Provided further, That unless a notification as required under section
605 of this Act is submitted to the Committees on Appropriations of the
House and Senate, none of the funds in this Act for the Cooperative
Agreement Program shall be available for a cooperative agreement with a
State or local government for the housing of Federal prisoners and
detainees when the cost per bed space for such cooperative agreement
exceeds $50,000, and in addition, any cooperative agreement with a cost
per bed space that exceeds $25,000 must remain in effect for no less
than 15 years: Provided further, That of the total amount appropriated,
not to exceed $9,903,000 shall be available for the renovation and
construction of United States Marshals Service prisoner holding
facilities.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the program set forth in
the budget for the current fiscal year for such corporation, including
purchase of (not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,463,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired
or produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other
property belonging to the corporation or in which it has an interest.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $45,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses in accordance with
distributions, procedures, and regulations established by the Attorney
General.
Sec. 102. Subject to subsection (b) of section 102 of the
Department of Justice and Related Agencies Appropriations Act, 1993,
authorities contained in Public Law 96-132, ``The Department of Justice
Appropriation Authorization Act, Fiscal Year 1980'', shall remain in
effect until the termination date of this Act or until the effective
date of a Department of Justice Appropriation Authorization Act,
whichever is earlier.
Sec. 103. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 103 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 105. Pursuant to the provisions of law set forth in 18 U.S.C.
3071-3077, not to exceed $5,000,000 of the funds appropriated to the
Department of Justice in this title shall be available for rewards to
individuals who furnish information regarding acts of terrorism against
a United States person or property.
Sec. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice 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
this section shall not apply to any appropriation made available in
title I of this Act under the heading, ``Office of Justice Programs,
Justice Assistance'': Provided further, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
Sec. 107. In fiscal year 1995, amounts in the Federal Prison
System's Commissary Fund, Federal Prisons, which are not currently
needed for operations, shall be kept on deposit or invested in
obligations of, or guaranteed by, the United States and all earnings on
such investments shall be deposited in the Commissary Fund.
Sec. 108. (a) Of the budgetary resources available to the
Department of Justice during fiscal year 1995, $23,830,000 are
permanently canceled.
(b) The Attorney General shall allocate the amount of budgetary
resources canceled among the Department's accounts available for
procurement and procurement-related expenses. Amounts available for
procurement and procurement-related expenses in each such account shall
be reduced by the amount allocated to such account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
Sec. 109. Notwithstanding 31 U.S.C. 3302 or any other law, in
litigation involving unusually high costs, the Department of Justice
may receive and retain reimbursement for salaries and expenses, for
fiscal year 1995 and thereafter, from any other governmental component
being represented in the litigation.
Sec. 110. Paragraph 524(c)(9) of title 28, United States Code, is
amended by adding subparagraph (E), as follows:
``(E) Subject to the notification procedures contained in
section 605 of Public Law 103-121, and after satisfying the
transfer requirement in subparagraph (B) above, any excess
unobligated balance remaining in the Fund on September 30, 1994
shall be available to the Attorney General, without fiscal year
limitation, for any Federal law enforcement, litigative/
prosecutive, and correctional activities, or any other authorized
purpose of the Department of Justice. Any amounts provided pursuant
to this section may be used under authorities available to the
organization receiving the funds.''.
Sec. 111. Public Law 103-121 (107 Stat. 1161) is amended by
inserting the words ``and California'' after the phrase ``for projects
on the northern border of the United States''.
Sec. 112. Section 1404(a)(5)(B) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(a)(5)(B)) is amended by striking ``1994'' and
inserting ``1995''.
Sec. 113. Notwithstanding any other provision of law--
(a) No transfers may be made from Department of Justice
accounts other than those authorized in this Act, or in previous or
subsequent appropriations Acts for the Department of Justice, or in
part II of title 28 of the United States Code, or in section 10601
of title 42 of the United States Code.
(b) No appropriation account within the Department of Justice
shall have its allocation of funds controlled by other than an
apportionment issued by the Office of Management and Budget or an
allotment advice issued by the Department of Justice.
Sec. 114. Sense of Congress.--It is the sense of Congress that the
President of the United States and the President-elect of Mexico should
meet as soon as possible following the August elections in Mexico to
discuss bilateral issues of mutual concern with the objective of
deepening and strengthening the ties between the two neighbors, with
emphasis on cooperation to establish equitable and effective regulation
of the flow of citizens across the border between Mexico and the United
States.
Sec. 115. (a) In General.--Except as provided in subsection (c), an
individual described in subsection (b) may be appointed
noncompetitively, under a career or career-conditional appointment, to
a position in the competitive service if--
(1) the individual meets the qualification requirements
prescribed by the Office of Personnel Management for the position
to which appointed;
(2) the last previous Federal employment of the individual was
as an employee of the Criminal Justice Information Services
Division of the Federal Bureau of Investigation; and
(3) the individual is appointed to such position within two
years after separating from the Criminal Justice Information
Services Division.
(b) Individual Described.--An individual described in this
subsection is an individual who--
(1) on the date of the enactment of this Act--
(A) is an employee of the Criminal Justice Information
Services Division of the Federal Bureau of Investigation; and
(B) is serving in an appointed position (i) to be relocated
from Washington, District of Columbia, to Clarksburg, West
Virginia, and (ii) that is excepted by law or regulation from
the competitive service; and
(2) has not relocated with his or her position in the Criminal
Justice Information Services Division to Clarksburg, West Virginia.
(c) Application.--This section does not apply to an individual
serving on the date of the enactment of this Act in an appointed
position on a temporary or term basis.
(d) This section may be cited as the ``Criminal Justice Information
Services Placement Assistance Act''.
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,000,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further,
That none of the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the Chairman who is permitted
125 billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards to
private citizens; not to exceed $26,500,000, for payments to State and
local enforcement agencies for services to the Commission pursuant to
title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991;
$233,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds: Provided further, That of the
budgetary resources available in fiscal year 1995 in this account,
$242,000 are permanently canceled: Provided further, That amounts
available for procurement and procurement-related expenses in this
account are reduced by such amount: Provided further, That as used
herein, ``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structures; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception
and representation expenses; purchase (not to exceed sixteen) and hire
of motor vehicles; special counsel fees; and services as authorized by
5 U.S.C. 3109; $185,232,000, of which not to exceed $300,000 shall
remain available until September 30, 1996, for research and policy
studies: Provided, That $116,400,000 of offsetting collections shall be
assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 1995, so as to result in a final fiscal
year 1995 appropriation estimated at $68,832,000: Provided further,
That any offsetting collections received in excess of $116,400,000 in
fiscal year 1995 shall remain available until expended, but shall not
be available for obligation until October 1, 1995: Provided further,
That of the budgetary resources available in fiscal year 1995 in this
account, $197,000 are permanently canceled: Provided further, That
amounts available for procurement and procurement-related expenses in
this account are reduced by such amount: Provided further, That as used
herein, ``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2): Provided further, That none
of the funds appropriated by this Act shall be used to repeal, to
retroactively apply changes in, or to continue a reexamination of, the
policies of the Federal Communications Commission with respect to
comparative licensing, distress sales and tax certificates granted
under 26 U.S.C. 1071, to expand minority ownership of broadcasting
licenses, including those established in the Statement of Policy on
Minority Ownership of Broadcasting Facilities, 68 F.C.C. 2d 979 and 69
F.C.C. 2d 1591, as amended 52 R.R. 2d 1313 (1982) and Mid-Florida
Television Corp., 69 F.C.C. 2d 607 (Rev. Bd. 1978), which were
effective prior to September 12, 1986, other than to close MM Docket
No. 86-484 with a reinstatement of prior policy and a lifting of
suspension of any sales, licenses, applications, or proceedings, which
were suspended pending the conclusion of the inquiry: Provided further,
That none of the funds appropriated to the Federal Communications
Commission by this Act may be used to diminish the number of VHF
channel assignments reserved for noncommercial educational television
stations in the Television Table of Assignments (section 73.606 of
title 47, Code of Federal Regulations): Provided further, That none of
the funds appropriated by this Act may be used to repeal, to
retroactively apply changes in, or to begin or continue a reexamination
of the rules and the policies established to administer such rules of
the Federal Communications Commission as set forth at section
73.3555(d) of title 47 of the Code of Federal Regulations, other than
to amend policies with respect to waivers of the portion of section
73.3555(d) that concerns cross-ownership of a daily newspaper and an AM
or FM radio broadcast station.
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; $18,569,000: Provided, That not to exceed $2,000 shall
be available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses; $94,428,000: Provided, That notwithstanding
any other provision of law, not to exceed $39,640,000 of offsetting
collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses in
this appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 1995, so as to
result in a final fiscal year 1995 appropriation estimated at not more
than $54,788,000: Provided further, That any fees received in excess of
$39,640,000 in fiscal year 1995 shall remain available until expended,
but shall not be available for obligation until October 1, 1995:
Provided further, That section 605 of Public Law 101-162 (103 Stat.
1031), as amended, is further amended by striking ``$25,000'' and
inserting in lieu thereof ``$45,000'': Provided further, That none of
the funds made available to the Federal Trade Commission shall be
available for obligation for expenses authorized by section 151 of the
Federal Deposit Insurance Corporation Improvement Act of 1991 (Public
Law 102-242, 105 Stat. 2282-2285): Provided further, That of the
budgetary resources available in fiscal year 1995 in this account,
$145,000 are permanently canceled: Provided further, That amounts
available for procurement and procurement-related expenses in this
account are reduced by such amount: Provided further, That as used
herein, ``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2): Provided further, That the
funds appropriated in this paragraph are subject to the limitations and
provisions of sections 10(a) and 10(c) (notwithstanding section 10(e)),
11(b), 18, and 20 of the Federal Trade Commission Improvements Act of
1980 (Public Law 96-252; 94 Stat. 374), except that this proviso shall
cease to be effective upon enactment of an Act authorizing
appropriations for the Federal Trade Commission for fiscal year 1995.
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, $74,856,000, of which not to exceed $10,000
may be used toward funding a permanent secretariat for the
International Organization of Securities Commissions, and of which not
to exceed $100,000 shall be available for expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, members of their delegations, appropriate
representatives and staff to exchange views concerning developments
relating to securities matters, development and implementation of
cooperation agreements concerning securities matters and provision of
technical assistance for the development of foreign securities markets,
such expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (i) such incidental
expenses as meals taken in the course of such attendance, (ii) any
travel or transportation to or from such meetings, and (iii) any other
related lodging or subsistence: Provided, That of the budgetary
resources available in fiscal year 1995 in this account, $902,000 are
permanently canceled: Provided further, That amounts available for
procurement and procurement-related expenses in this account are
reduced by such amount: Provided further, That as used herein,
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
In addition, upon enactment of legislation amending the Investment
Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.), and subject to the
schedule of fees contained in such legislation, such fees may be
collected and shall be deposited as an offsetting collection to this
appropriation to recover the costs of registration, supervision, and
regulation of investment advisers and their activities: Provided, That
such fees shall remain available until expended: Provided further, That
any such fees collected in excess of $8,595,000 shall not be available
for obligation until October 1, 1995.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by The State Justice Institute Authorization Act of 1992
(Public Law 102-572 (106 Stat. 4515-4516)), $13,550,000 to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
This title may be cited as the ``Department of Justice and Related
Agencies Appropriations Act, 1995''.
TITLE II--DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $265,000,000, to remain available until expended, of which
not to exceed $8,500,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership,
the Advanced Technology Program and the Quality Program of the National
Institute of Standards and Technology, $525,000,000, to remain
available until expended, of which not to exceed $1,710,000 may be
transferred to the ``Working Capital Fund'': Provided, That
notwithstanding the time limitations imposed by 15 U.S.C. 278k(c) (1)
and (5) on the duration of Federal financial assistance that may be
awarded by the Secretary of Commerce to Regional Centers for the
Transfer of Manufacturing Technology (``Centers''), such Federal
financial assistance for a Center may continue beyond six years and may
be renewed for additional periods, not to exceed three years each, at a
rate not to exceed one-third of the Center's total annual costs,
subject before any such renewal to a positive evaluation of the Center
and to a finding by the Secretary of Commerce that continuation of
Federal funding to that Center is in the best interest of the Regional
Centers for the Transfer of Manufacturing Technology Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, not otherwise provided for the
National Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $64,686,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including acquisition,
maintenance, operation, and hire of aircraft; not to exceed 439
commissioned officers on the active list; as authorized by 31 U.S.C.
1343 and 1344; construction of facilities, including initial equipment
as authorized by 33 U.S.C. 883i; grants, contracts, or other payments
to nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and alteration, modernization, and
relocation of facilities as authorized by 33 U.S.C. 883i;
$1,835,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 but consistent with other existing law,
in addition to fees currently being assessed and collected, additional
fees shall be assessed, collected, and credited to this appropriation
as offsetting collections to be available until expended, to recover
the costs of administering marine sanctuary and aeronautical charting
programs: Provided further, That the sum herein appropriated from the
general fund shall be reduced as such additional fees are received
during fiscal year 1995, so as to result in a final general fund
appropriation estimated at not more than $1,829,000,000: Provided
further, That any such additional fees received in excess of $6,000,000
in fiscal year 1995 shall not be available for obligation until October
1, 1995: Provided further, That in addition, $55,500,000 shall be
derived by transfer from the fund entitled ``Promote and Develop
Fishery Products and Research Pertaining to American Fisheries'':
Provided further, That hereafter all receipts received from the sale of
aeronautical charts that result from an increase in the price of
individual charts above the level in effect for such charts on
September 30, 1993, shall be deposited in this account as an offsetting
collection and shall be available for obligation: 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
and shall not be less than $500,000, and any grant made in fiscal year
1995 to a State which did not receive funding under this program in
fiscal year 1994 shall not exceed $800,000: Provided further, That of
the total amount appropriated in this paragraph, $16,000,000 shall be
available for the integrated program office for convergence of civilian
and military polar-orbiting meteorological satellites: Provided
further, That of the offsetting collections credited to this account,
$123,000 are permanently canceled.
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).
construction
For repair and modification of, and additions to, existing
facilities and construction of new facilities, and for facility
planning and design and land acquisition not otherwise provided for the
National Oceanic and Atmospheric Administration, $97,600,000; of which
$2,500,000 is for a grant to the City of Kansas City, Missouri, for
development of a weather and environmental center; and of which the
following amounts shall be available to carry out continuing
construction activities: $3,500,000 for a grant for construction of a
Multispecies Aquaculture Center in the State of New Jersey; $1,000,000
for a grant to the Mystic Seaport, Mystic, Connecticut, for a maritime
education center; $5,200,000 for a grant to the Center for
Interdisciplinary Research and Education in Indiana; and $2,000,000 for
a grant for the construction of the Massachusetts Biotechnology
Research Institute in Boston; and all sums in this paragraph are to
remain available until expended: Provided, That subject to the
availability of appropriations provided in advance for these purposes,
the Secretary of Commerce is granted approval to enter into a contract
with Florida State University which shall: (1) provide the University
with funds to assist in the construction and associated expenses,
including parking, of a meteorological sciences building on its
Tallahassee, Florida, campus; and (2) include a space agreement with
the University at no cost to the Government, other than for operational
expenses, for space in this building for use as the Weather Forecast
Office: Provided further, That if the Secretary of Commerce determines
that the property that was transferred to the United States by the City
of Clovis, California, by a deed dated November 20, 1984, for use as a
weather forecasting office, is no longer needed for such use, title to
that property, and improvements thereto, shall revert to the City of
Clovis, California.
fleet modernization, shipbuilding and conversion
For expenses necessary for the repair, construction, acquisition,
leasing, or conversion of vessels, including related equipment to
maintain and modernize the existing fleet and to continue planning the
modernization of the fleet, for the National Oceanic and Atmospheric
Administration, $23,040,000, to remain available until expended.
Fishing Vessel Obligations Guarantees
For the cost, as defined in section 502 of the Federal Credit
Reform Act of 1990, of guaranteed loans authorized by the Merchant
Marine Act of 1936, as amended, $250,000: Provided, That none of the
funds made available under this heading may be used to guarantee loans
for the purchase of any new or existing fishing vessel.
Fishing Vessel and Gear Damage Compensation Fund
For carrying out the provisions of section 3 of Public Law 95-376,
not to exceed $1,273,000 to be derived from receipts collected pursuant
to 22 U.S.C. 1980 (b) and (f), to remain available until expended.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $999,000 to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson Fishery Conservation and Management Act of 1976, as amended
(Public Law 100-627) and the American Fisheries Promotion Act (Public
Law 96-561), there are appropriated from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to
exceed $400,000, to remain available until expended.
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, $36,510,000: Provided, That of the
offsetting collections credited to this account, $17,000 are
permanently canceled.
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),
$16,900,000.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$136,000,000: Provided, That of the offsetting collections credited to
this account, $225,000 are permanently canceled.
periodic censuses and programs
For expenses necessary to collect and publish statistics for
periodic censuses and programs provided for by law, $142,576,000, to
remain available until expended.
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,
$46,937,000, to remain available until September 30, 1996: Provided,
That of the offsetting collections credited to this account, $2,000 are
permanently canceled.
economics and statistics administration revolving fund
There is hereby established the Economics and Statistics
Administration Revolving Fund which shall be available without fiscal
year limitation. For initial capitalization, there is appropriated
$1,677,000 to the Fund: Provided, That the Secretary of Commerce is
authorized to disseminate economic and statistical data products as
authorized by 15 U.S.C. 1525-1527 and, notwithstanding 15 U.S.C. 4912,
charge fees necessary to recover the full costs incurred in their
production. Notwithstanding 31 U.S.C. 3302, receipts received from
these data dissemination activities shall be credited to this account
as offsetting collections, to be available for carrying out these
purposes without further appropriation.
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 to include a grant of $9,000,000 for the National Textile
Center University Consortium, without regard to 44 U.S.C. 3702 and
3703; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad, without
regard to 49 U.S.C. 1517; employment of Americans and aliens by
contract for services; rental of space abroad for periods not exceeding
ten years, and expenses of alteration, repair, or improvement; purchase
or construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $30,000 per vehicle; obtain insurance on official motor
vehicles; and rent tie lines and teletype equipment; $266,450,000, to
remain available until expended; of which $930,000 is for a grant to
the Michigan Biotechnology Institute; $1,000,000 is for a grant to the
Emerging Technologies Institute in Sacramento, California; $1,700,000
is for a grant to the Massachusetts Biotechnology Research Institute;
$1,200,000 is for a grant to the Center for Global Competitiveness in
Loretto, Pennsylvania; and $3,400,000 is for a grant to the Textile
Clothing Technology Center: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without regard to
15 U.S.C. 4912; and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural Exchange
Act shall include payment for assessments for services provided as part
of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services
abroad; rental of space abroad for periods not exceeding ten years, and
expenses of alteration, repair, or improvement; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $15,000 for
official representation expenses abroad; awards of compensation to
informers under the Export Administration Act of 1979, and as
authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law; $38,823,000, 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.
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, $43,900,000, of which $31,872,000 shall remain
available until expended: Provided, That $600,000 is available only for
a grant for the NTTC to implement a Minority Apprenticeship Program in
Technology Management; $100,000 is available only for a grant for a
Minority Economic Opportunity Center in Cleveland, Ohio; and $200,000
is available only for a grant for the U.S.-Africa Trade and Technology
Center in Savannah, Georgia.
United States Travel and Tourism Administration
salaries and expenses
For necessary expenses of the United States Travel and Tourism
Administration including travel and tourism promotional activities
abroad for travel to the United States and its possessions without
regard to 44 U.S.C. 501, 3702 and 3703, including employment of
American citizens and aliens by contract for services abroad; rental of
space abroad for periods not exceeding five years, and expenses of
alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; advance of
funds under contracts 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; and not to exceed $15,000 for official
representation expenses abroad; $16,407,000, to remain available until
expended: Provided, That none of the funds appropriated by this
paragraph shall be available to carry out the provisions of section
203(a) of the International Travel Act of 1961, as amended.
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; $83,000,000, to remain
available until expended, of which $6,000,000 is available only for the
acquisition of high performance computing capability: Provided, That of
the offsetting collections credited to this account, $2,195,000 are
permanently canceled: Provided further, That the funds made available
under this heading are to be derived from deposits in the Patent and
Trademark Office Fee Surcharge Fund as authorized by law: Provided
further, That the amounts made available under the Fund shall not
exceed amounts deposited; and such fees as shall be collected pursuant
to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall remain available
until expended.
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, $10,000,000, of which not to exceed
$2,000,000 shall remain available until September 30, 1996.
National Technical Information Service
ntis revolving fund
For expenses necessary to implement the American Technology
Preeminence Act, $8,000,000, to remain available until expended:
Provided, That of the offsetting collections credited to this account,
$140,000 are permanently canceled.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration, $20,981,000, to
remain available until expended: Provided, That of the offsetting
collections credited to this account, $2,000 are permanently canceled:
Provided further, That notwithstanding 31 U.S.C. 1535(d), the Secretary
of Commerce is authorized to retain and use as offsetting collections
all funds transferred, or previously transferred, from other Government
agencies for 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, $29,000,000, to remain available until expended as
authorized by section 391 of said Act, as amended: Provided, That not
to exceed $2,200,000 shall be available for program administration as
authorized by section 391 of said Act: Provided further, That
notwithstanding the provisions of section 391 of said 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: Provided further, That notwithstanding the provisions of
sections 391 and 392 of the Communications Act, as amended, not to
exceed $1,500,000 appropriated in this paragraph shall be available for
the Pan-Pacific Educational and Cultural Experiments by Satellite
program (PEACESAT).
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $64,000,000, to remain available until expended as
authorized by section 391 of said Act, as amended: Provided, That not
to exceed $5,000,000 shall be available for program administration and
other support activities as authorized by section 391 of said Act
including support of the Advisory Council on National Information
Infrastructure: Provided further, That of the funds appropriated
herein, not to exceed 5 percent may be available for telecommunications
research activities for projects related directly to the development of
a national information infrastructure: Provided further, That
notwithstanding the requirements of section 392(a) and 392(c) of such
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.
endowment for children's educational television
For expenses necessary to carry out the provisions of the National
Endowment for Children's Educational Television Act of 1990, title II
of Public Law 101-437, including costs for contracts, grants and
administrative expenses, $2,500,000, to remain available until
expended.
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, $408,024,000:
Provided, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Commerce may provide financial assistance for projects to
be located on military installations closed or scheduled for closure or
realignment to grantees eligible for assistance under the Public Works
and Economic Development Act of 1965, as amended, without it being
required that the grantee have title or ability to obtain a lease for
the property, for the useful life of the project, when in the opinion
of the Secretary of Commerce, such financial assistance is necessary
for the economic development of the area: Provided further, That the
Secretary of Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title to land on
military installations closed or scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $32,205,000: 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.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act
shall be available for the activities specified in the Act of October
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the certification
of officials designated by the Secretary that such payments are in the
public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that
are under the control of the United States Air Force or the United
States Air Force Reserve.
Sec. 204. None of the funds provided in this or any previous Act,
or hereinafter made available to the Department of Commerce shall be
available to reimburse the Unemployment Trust Fund or any other fund or
account of the Treasury to pay for any expenses paid before October 1,
1992, as authorized by section 8501 of title 5, United States Code, for
services performed after April 20, 1990, by individuals appointed to
temporary positions within the Bureau of the Census for purposes
relating to the 1990 decennial census of population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Of the budgetary resources available to the
Department of Commerce during fiscal year 1995, $12,355,000 are
permanently canceled.
(b) The Secretary of Commerce shall allocate the amount of
budgetary resources canceled among the Department's accounts available
for procurement and procurement-related expenses. Amounts available for
procurement and procurement-related expenses in each such account shall
be reduced by the amount allocated to such account.
(c) For the purpose of this section, the definition of
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $24,240,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon him by the Act
approved May 7, 1934 (40 U.S.C. 13a-13b), $3,000,000, of which $260,000
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, $13,438,000.
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,
$11,685,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,340,127,000 (including the purchase of
firearms and ammunition); of which not to exceed $14,454,000 shall
remain available until expended for space alteration projects; of which
not to exceed $11,000,000 shall remain available until expended for
furniture and furnishings related to new space alteration and
construction projects; and of which $500,000 is to remain available
until expended for acquisition of books, periodicals, and newspapers,
and all other legal reference materials, including subscriptions.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,250,000 to be appropriated
from the Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community Defender
organizations, the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended, the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)), the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel, the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execution
of penal sentences, and the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d), $250,000,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i): Provided,
That not to exceed $19,800,000 shall be available for Death Penalty
Resource Centers.
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)); $59,346,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection
of packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702); $97,000,000, to be expended directly
or transferred to the United States Marshals Service which shall be
responsible for administering elements of the Judicial Security Program
consistent with standards or guidelines agreed to by the Director of
the Administrative Office of the United States Courts and the Attorney
General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $47,500,000, of which not to exceed $7,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $18,828,000; of which $1,800,000 shall
remain available through September 30, 1996, to provide education and
training to Federal court personnel; and of which not to exceed $1,000
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $21,000,000, to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $6,900,000, and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $575,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $8,800,000, of which not
to exceed $1,000 is authorized for official reception and
representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Appropriations made in this title shall be available for
salaries and expenses of the Special Court established under the
Regional Rail Reorganization Act of 1973, Public Law 93-236.
Sec. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 304. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $10,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary of the
Judicial Conference.
This title may be cited as ``The Judiciary Appropriations Act,
1995''.
TITLE IV--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-differential
subsidies as authorized by the Merchant Marine Act, 1936, as amended,
$214,356,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $76,100,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, the
Secretary of Transportation may use proceeds derived from the sale or
disposal of National Defense Reserve Fleet vessels that are currently
collected and retained by the Maritime Administration, to be used for
facility and ship maintenance, modernization and repair, conversion,
acquisition of equipment, and fuel costs necessary to maintain training
at the United States Merchant Marine Academy and State maritime
academies: Provided further, That reimbursements may be made to this
appropriation from receipts to the ``Federal Ship Financing Fund'' for
administrative expenses in support of that program in addition to any
amount heretofore appropriated.
Of the budgetary resources available to the Maritime Administration
of the Department of Transportation during fiscal year 1995, $360,000
are permanently canceled. The Secretary of Transportation shall
allocate the amount of budgetary resources canceled among the
Department's Maritime Administration accounts available for procurement
and procurement-related expenses. Amounts available for procurement and
procurement-related expenses in each such account shall be reduced by
the amount allocated to such account. For the purposes of this
paragraph, the definition of ``procurement'' includes all stages of the
process of acquiring property or services, beginning with the process
of determining a need for a product or services and ending with
contract completion and closeout, as specified in 41 U.S.C. 403(2).
ready reserve force
(including rescission)
For necessary expenses to acquire and maintain a surge shipping
capability in the National Defense Reserve Fleet in an advanced state
of readiness and for related programs, $150,000,000, to remain
available until expended: Provided, That reimbursement may be made to
the Operations and Training appropriation for expenses related to this
program.
Of the unobligated balances available under this heading,
$158,000,000 are rescinded.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act of 1936, $25,000,000, 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.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $2,000,000, which shall be
transferred to and merged with the appropriation for Operations and
Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine Act,
1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Commission 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.
Competitiveness Policy Council
salaries and expenses
For necessary expenses of the Competitiveness Policy Council as
authorized by section 5209 of the Omnibus Trade and Competitiveness Act
of 1988, $1,000,000 to remain available until expended.
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, $1,384,000.
Martin Luther King, Jr. Federal Holiday Commission
salaries and expenses
For necessary expenses of the Martin Luther King, Jr. Federal
Holiday Commission, as authorized by Public Law 98-399, as amended,
$300,000.
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,
$20,949,000, of which $2,500,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 101-574, 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, $258,175,000 of which $15,000,000 shall be
available to implement section 24 of the Small Business Act, as
amended, including $500,000 to be made available only to the City of
Buffalo, New York: Provided, That section 24(e) of the Small Business
Act (15 U.S.C. 651(e)) is amended by striking ``fiscal years 1992
through 1994'' and inserting in lieu thereof ``fiscal years 1995
through 1997'': Provided further, That section 112(c)(2) of the Small
Business Administration Reauthorization and Amendment Act of 1988 (102
Stat. 2996) is amended by striking ``October 1, 1994'' and inserting
``October 1, 1997'': Provided further, That the Administrator is
authorized to charge fees to cover the cost of publications developed
by the Small Business Administraton; certain loan servicing activities;
and installing and servicing the agency's computer-based electronic
bulletin board: Provided further, That notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to this
account, to be available for carrying out these purposes without
further appropriation. Of the total amount appropriated in this
paragraph, $77,375,000 shall be available for grants for performance in
fiscal year 1995 or fiscal year 1996 for Small Business Development
Centers as authorized by section 21 of the Small Business Act, as
amended, of which $3,375,000 shall be available to carry out Defense
economic transition technical assistance as authorized by 15 U.S.C.
648(c)(3)(G): Provided further, That not more than $500,000 of the
total amount in this paragraph shall be available to pay the expenses
of the National Small Business Development Center Advisory Board and to
reimburse Centers for participating in evaluations as provided in
section 20(a) of such Act, and to maintain a clearinghouse as provided
in section 21(g)(2) of such Act.
None of the funds appropriated for the Small Business
Administration under this Act may be used to impose any new or
increased user fee or management assistance fee for the Small Business
Development Center Program.
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, $9,596,000, and for the cost of
guaranteed loans, $278,305,000, 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 the following shall remain
available until September 30, 1996: $15,990,000 for the Small Business
Investment Company Debentures Program; $7,398,000 for the Specialized
Small Business Investment Company Program; and $20,457,000 for the
Small Business Investment Company Participating Securities Program, and
of which $30,000,000 shall be used to pre-pay the Federal Financing
Bank for debentures guaranteed by the Administration pursuant to
section 503 of the Small Business Investment Act: 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 expenses not otherwise provided for, of the Small Business
Administration, $27,350,000 of which: $750,000 shall be available for a
grant to the North Carolina Biotechnology Center for a demonstration
project which would integrate small business formation and preparation
of a biotechnology workforce; $500,000 shall be available for
continuation of a grant to the Van Emmons Population Marketing Analysis
Center, Towanda, Pennsylvania, for an integrated small business data
base to assist Appalachian Region small businesses; $1,000,000 shall be
available for continuation of a grant to the City of Prestonsburg,
Kentucky, for small business development assistance; $375,000 shall be
available for a grant to the State of Nebraska for establishing the
Nebraska Micro Enterprise Initiative to include a clearinghouse and
training and counseling programs; $3,000,000 shall be available for
continuation of a grant to the National Center for Genome Resources in
New Mexico to provide consulting assistance, information and related
services to small businesses and for related purposes; $1,000,000 shall
be available for continuation of a grant for the Genesis Small Business
Incubator Facility, Fayetteville, Arkansas; $500,000 shall be available
for a grant to an entity in Bozeman, Montana, to establish a small
business assistance center to assist small businesses to qualify and
participate in the Small Business Innovation Research (SBIR) program;
$1,000,000 shall be available for continuation of a grant to the Center
for Entrepreneurial Opportunity in Greensburg, Pennsylvania, to provide
for a small business consulting and assistance center for
entrepreneurial opportunities; $1,500,000 for a grant to a consortium
in Buffalo, New York, to provide assistance to small businesses for
technical improvement of commercial industrial products; $250,000 shall
be available for a grant to the Western Massachusetts Enterprise Fund
to expand microlending to entrepreneurs and small businesses; $400,000
shall be available for continuation of a grant to the State of Ohio,
Department of Development, International Trade Division to assist small
businesses to expand export opportunities; $1,000,000 shall be
available for continuation of a grant to assist the development of a
small business consulting, information and assistance center in Hazard,
Kentucky; $2,000,000 shall be available for continuation of a grant to
the WVHTC Foundation for build-out, equipment, and operations costs for
a small business incubator facility and for an outreach grant program
to assist small business economic development; $125,000 shall be
available for a grant to an organization in Bowling Green, Kentucky, to
establish a small business pilot program to convert municipal waste
into a marketable product; $2,500,000 shall be available for a grant to
the City of Carbondale, Pennsylvania, to establish and operate a small
business incubator facility; $500,000 shall be available for
continuation of a grant to the New York City Public Library for
construction and related costs for the Industry and Business Library;
$200,000 shall be available for continuation of a grant to assist the
Small Business Institute program of the Small Business Administration
to establish and operate a National Data Center Small Business
Institute program in Conway, Arkansas; $4,000,000 shall be available
for a grant to the Unified Technology Center in Cleveland, Ohio, to
assist small businesses in the design of high quality environmentally
sound processes; $1,250,000 shall be available for a grant to the City
of Whitesburg, Kentucky, to develop and equip a facility to promote the
development of small businesses and enhance economic development;
$2,500,000 shall be available for a grant to the City of Wheeling, West
Virginia, for the Oglebay Small Business Rural Development Center;
$1,000,000 shall be available for a grant for a Small Business
Development Institute in North Philadelphia, Pennsylvania, for a
facility to assist and train minority small businesses; $250,000 shall
be available for continuation of a grant to the City of Espanola, New
Mexico, for the second phase of the development of the Espanola Plaza
project to assist small businesses and enhance economic development;
$1,000,000 shall be available for a grant to North Central West
Virginia Community Action to establish a small business rural
enterprise training institute and microloan demonstration program;
$500,000 shall be available for a grant to the Mississippi Delta Small
Business Technology Project, Little Rock, Arkansas, for technology
education for small business owners and employees; and $250,000 shall
be available for a grant to establish a small business incubator
facility in West Charlotte, North Carolina.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $97,000,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $52,153,000, 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: Provided further, That none of the funds provided
in this or any other Act may be used for the cost of direct loans to
any borrower under section 7(b) of the Small Business Act to relocate
voluntarily outside the business area in which the disaster has
occurred.
In addition, for administrative expenses to carry out the direct
loan program, $78,000,000, which may be transferred to and merged with
the appropriations for Salaries and Expenses.
In addition, for the cost of emergency disaster loans and
associated administrative expenses, $125,000,000, to remain available
until expended: Provided, That these funds, or any portion thereof,
shall be available beginning in fiscal year 1995 to the extent that the
President notifies the Congress of his designation of any or all of
these amounts as emergency requirements under the Budget Enforcement
Act of 1990: Provided further, That Congress hereby designates these
amounts as emergency requirements pursuant to section 251(b)(2)(D).
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$5,369,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
administrative provisions--small business administration
Sec. 401. (a) Of the budgetary resources available to the Small
Business Administration during fiscal year 1995, $1,021,000 are
permanently canceled.
(b) The Administrator of the Small Business Administration shall
allocate the amount of budgetary resources canceled among the agency's
accounts available for procurement and procurement-related expenses.
Amounts available for procurement and procurement-related expenses in
each such account shall be reduced by the amount allocated to such
account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
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,
$415,000,000; of which $350,700,000 is for basic field programs;
$9,390,000 is for Native American programs; $13,830,000 is for migrant
programs; $1,435,000 is for law school clinics; $1,305,000 is for
supplemental field programs; $870,000 is for regional training centers;
$10,800,000 is for national support; $11,585,000 is for State support;
$785,000 is for client initiatives; $1,145,000 is for the
Clearinghouse; $655,000 is for computer assisted legal research
regional centers; and $12,500,000 is for Corporation management and
administration.
administrative provision--legal services corporation
Sec. 403. (a) Funds appropriated under this Act to the Legal
Services Corporation and distributed to each grantee funded in fiscal
year 1995, pursuant to the number of poor people determined by the
Bureau of the Census to be within its geographical area, shall be
distributed in the following order:
(1) Grants from the Legal Services Corporation and contracts
entered into with the Legal Services Corporation under section
1006(a)(1) of the Legal Services Corporation Act, as amended, shall
be maintained in fiscal year 1995 at not less than the annual level
at which each grantee and contractor was funded in fiscal year 1994
pursuant to Public Law 103-121.
(2) 50 percent of new basic field funds shall be awarded to
grantees and contractors funded at the lowest levels per-poor-
person (calculated for each grantee or contractor by dividing each
such grantee or contractor's fiscal year 1994 grant level by the
number of poor persons within its geographical area under the 1990
census) so as to fund the largest number of programs possible at an
equal per-poor-person amount.
(3) 50 percent of new basic field funds shall be allocated to
grantees and contractors in an amount that is proportionate to the
number of poor people in such grantee or contractor's service area
as enumerated in the 1990 census.
(b) None of the funds appropriated under this Act to the Legal
Services Corporation shall be expended for any purpose prohibited or
limited by or contrary to any of the provisions of--
(1) section 607 of Public Law 101-515, and that all funds
appropriated for the Legal Services Corporation shall be subject to
the same terms and conditions as set forth in section 607 of Public
Law 101-515, except that the funding formulas and provisos 15, 20
and 22 shall not apply, and all references to ``1991'' in section
607 of Public Law 101-515 shall be deemed to be ``1995'', unless
subparagraph (2) applies; and
(2) authorizing legislation for fiscal year 1995 for the Legal
Services Corporation that is enacted into law.
TITLE V--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including expenses authorized by
the State Department Basic Authorities Act of 1956, as amended;
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
acquisition by exchange or purchase of passenger motor vehicles as
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and
for expenses of general administration $1,731,416,000: Provided, That
hereafter all receipts received from a new charge from expedited
passport processing shall be deposited in this account as an offsetting
collection and shall be available until expended: Provided further,
That hereafter all receipts received from an increase in the charge for
Immigrant Visas in effect on September 30, 1994, caused by processing
an applicant's fingerprints, shall be deposited in this account as an
offsetting collection and shall remain available until expended. Of the
funds appropriated under this heading: not to exceed $4,000,000 shall
be available for grants, contracts, and other activities to conduct
research and promote international cooperation and environmental and
other scientific issues; not to exceed $600,000 shall be available to
carry out the activities of the Commission on Protecting and Reducing
Government Secrecy; and not to exceed $300,000 shall be available to
carry out activities of the Office of Cambodian Genocide
Investigations. None of the funds appropriated under this heading shall
be available to carry out the provisions of section 101(b)(2)(E) of
Public Law 103-236.
Of the funds provided under this heading, $28,356,000 shall be
available only for the Diplomatic Telecommunications Service for
operation of existing base services and $15,000,000 shall be available
only for the enhancement of the Diplomatic Telecommunications Service
(DTS), except that such latter amount shall not be available for
obligation until the expiration of the 15-day period beginning on the
date on which the Secretary of State and the Director of the Diplomatic
Telecommunications Service Program Office submit the DTS planning
report required by section 507.
In addition, not to exceed $700,000 in registration fees collected
pursuant to section 38 of the Arms Export Control Act, as amended, may
be used in accordance with section 45 of the State Department Basic
Authorities Act of 1956, 22 U.S.C. 2717; and in addition not to exceed
$1,223,000 shall be derived from fees from other executive agencies for
lease or use of facilities located at the International Center in
accordance with section 4 of the International Center Act (Public Law
90-553, as amended by section 120 of Public Law 101-246); and in
addition not to exceed $15,000 which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities
in accordance with section 46 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 502 of this Act, not to exceed 20 percent
of the amounts made available in this Act in the appropriation
accounts, ``Diplomatic and Consular Programs'' and ``Salaries and
Expenses'' under the heading ``Administration of Foreign Affairs'' may
be transferred between such appropriation accounts: Provided, That any
transfer pursuant to this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
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, $385,000,000.
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),
$23,850,000.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,780,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $9,579,000:
Provided, That none of the funds appropriated in this paragraph shall
be available to carry out section 101(b)(4)(A) of Public Law 103-236:
Provided further, That of the funds appropriated in this paragraph, not
to exceed $500,000 shall be available to carry out section 101(b)(4)(B)
of Public Law 103-236.
acquisition and maintenance of buildings abroad
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), $421,760,000 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. Of the funds made available in this paragraph not to exceed
$117,864,000 shall be available for Maintenance of Buildings and
Facility Rehabilitation.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e) $6,500,000, to remain
available until expended as authorized by 22 U.S.C. 2696(c), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by 22 U.S.C.
2671: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974. In addition, for administrative expenses necessary to
carry out the direct loan program, $183,000 which may be transferred to
and merged with the Salaries and Expenses account under Administration
of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96-8 (93 Stat. 14), $15,465,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $129,321,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $877,222,000, of
which not to exceed $4,000,000 is available to pay arrearages, the
payment of which shall be directed toward special activities that are
mutually agreed upon by the United States and the respective
international organization: Provided, 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 pursuant to section 401(a)(2) of Public Law 103-236
until a certification is made under section 401(b) of said Act:
Provided further, that certification under section 401(b) of Public Law
103-236 may only be made if the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives are notified of the
steps taken, and anticipated, to meet the requirements of section
401(b) of Public Law 103-236 at least 15 days in advance of the
proposed certification: Provided further, That none of the funds
appropriated in this paragraph shall be available for a United States
contribution to an international organization for the United States
share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984,
through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $533,304,000, of which
not to exceed $288,000,000 is available to pay arrearages accumulated
in fiscal year 1994 and not to exceed $23,092,000 is available to pay
other outstanding arrearages: Provided, That funds shall be available
for peacekeeping expenses only upon a certification by the Secretary of
State to the appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to provide
equipment, services and material for United Nations peacekeeping
activities equal to those being given to foreign manufacturers and
suppliers.
international conferences and contingencies
For necessary expenses authorized by section 5 of the State
Department Basic Authorities Act of 1956, in addition to funds
otherwise available for these purposes, contributions for the United
States share of general expenses of international organizations and
conferences and representation to such organizations and conferences as
provided for by 22 U.S.C. 2656 and 2672 and personal services without
regard to civil service and classification laws as authorized by 5
U.S.C. 5102, $6,000,000, to remain available until expended as
authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be
expended for representation as authorized by 22 U.S.C. 4085.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $12,858,000.
construction
For detailed plan preparation and construction of authorized
projects, $6,644,000, to remain available until expended as authorized
by 22 U.S.C. 2696(c).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, as authorized by treaties between the United States and
Canada or Great Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182; $5,800,000, of which
not to exceed $9,000 shall be available for representation expenses
incurred by the International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $14,669,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501 of
Public Law 101-246, $10,000,000, to remain available until expended as
authorized by 22 U.S.C. 2696(c).
General Provisions--Department of State
Sec. 501. 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. 502. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency in this
Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 503. 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. 504. (a) Of the budgetary resources available to the
Department of State during fiscal year 1995, $5,566,000 are permanently
canceled.
(b) The Secretary of State shall allocate the amount of budgetary
resources canceled among the Department's accounts available for
procurement and procurement-related expenses. Amounts available for
procurement and procurement-related expenses in each such account shall
be reduced by the amount allocated to such account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
Sec. 505. Section 140 of Public Law 103-236 is amended--
(1) by inserting after subsection (d)(3) the following new
subsection (e):
``(e) Fingerprint Checks.--
``(1) Effective not later than March 31, 1995, the Secretary of
State shall in the ten countries with the highest volume of
immigrant visa issuance for the most recent fiscal year for which
data are available require the fingerprinting of applicants over
sixteen years of age for immigrant visas. The Department of State
shall submit records of such fingerprints to the Federal Bureau of
Investigation in order to ascertain whether such applicants
previously have been convicted of a felony under State or Federal
law in the United States, and shall pay all appropriate fees.
``(2) The Secretary shall prescribe and publish such
regulations as may be necessary to implement the requirements of
this subsection, and to avoid undue processing costs and delays for
eligible immigrants and the United States Government.''; and
(2) in subsections (d)(4) and (d)(5), by changing the word
``procedure'' to ``procedures'', by changing the words ``this
subsection'' each time they appear to ``subsections (d) and (e)'',
and by redesignating paragraphs (d)(4) and (d)(5), respectively, as
subsections (f) and (g).
Sec. 506. (a) Section 212 of the Immigration and Nationality Act,
as amended (U.S.C. 1182), is amended by adding at the end thereof the
following new subsection (o):
``(o) An alien who has been physically present in the United States
shall not be eligible to receive an immigrant visa within ninety days
following departure therefrom unless--
``(1) the alien was maintaining a lawful nonimmigrant status at
the time of such departure, or
``(2) the alien is the spouse or unmarried child of an
individual who obtained temporary or permanent resident status
under section 210 or 245A of the Immigration and Nationality Act or
section 202 of the Immigration Reform and Control Act of 1986 at
any date, who--
``(A) as of May 5, 1988, was the unmarried child or spouse
of the individual who obtained temporary or permanent resident
status under section 210 or 245A of the Immigration and
Nationality Act or section 202 of the Immigration Reform and
Control Act of 1986;
``(B) entered the United States before May 5, 1988, resided
in the United States on May 5, 1988, and is not a lawful
permanent resident; and
``(C) applied for benefits under section 301(a) of the
Immigration Act of 1990.''.
(b) Section 245 of the Immigration and Nationality Act, as amended
(8 U.S.C. 1255), is amended by adding at the end thereof the following
new subsection:
``(i)(1) Notwithstanding the provisions of subsections (a) and (c)
of this section, an alien physically present in the United States who--
``(A) entered the United States without inspection; or
``(B) is within one of the classes enumerated in subsection (c)
of this section.
may apply to the Attorney General for the adjustment of his or her
status to that of an alien lawfully admitted for permanent residence.
The Attorney General may accept such application only if the alien
remits with such application a sum equalling five times the fee
required for the processing of applications under this section as of
the date of receipt of the application, but such sum shall not be
required from a child under the age of seventeen, or an alien who is
the spouse or unmarried child of an individual who obtained temporary
or permanent resident status under section 210 or 245A of the
Immigration and Nationality Act or section 202 of the Immigration
Reform and Control Act of 1986 at any date, who--
``(i) as of May 5, 1988, was the unmarried child or spouse of
the individual who obtained temporary or permanent resident status
under section 210 or 245A of the Immigration and Nationality Act or
section 202 of the Immigration Reform and Control Act of 1986;
``(ii) entered the United States before May 5, 1988, resided in
the United States on May 5, 1988, and is not a lawful permanent
resident; and
``(iii) applied for benefits under section 301(a) of the
Immigration Act of 1990. The sum specified herein shall be in
addition to the fee normally required for the processing of an
application under this section.
``(2) Upon receipt of such an application and the sum hereby
required, the Attorney General may adjust the status of the alien to
that of an alien lawfully admitted for permanent residence if--
``(A) the alien is eligible to receive an immigrant visa and is
admissible to the United States for permanent residence; and
``(B) an immigrant visa is immediately available to the alien
at the time the application is filed.
``(3) Sums remitted to the Attorney General pursuant to paragraphs
(1) and (2) of this subsection shall be disposed of by the Attorney
General as provided in sections 286 (m), (n), and (o) of this title.''.
(c) The provisions of these amendments to the Immigration and
Nationality Act shall take effect on October 1, 1994 and shall cease to
have effect on October 1, 1997.
(d) The Immigration and Naturalization Service shall conduct full
fingerprint identification checks through the Federal Bureau of
Investigation for all individuals over sixteen years of age adjusting
immigration status in the United States pursuant to this section.
Sec. 507. (a) Diplomatic Telecommunications Service Financial
Management.--In fiscal year 1995 and each succeeding fiscal year--
(1) the Secretary of State shall provide funds for the
operation of the Diplomatic Telecommunications Service (DTS) in a
sufficient amount to sustain the current level of support services
being provided by the DTS, and no portion of such amount may be
reprogrammed or transferred for any other purpose;
(2) all funds for the operation and enhancement of the DTS
shall be directly available for use by the Diplomatic
Telecommunications Service Program Office (DTS-PO); and
(3) the DTS-PO financial management officer shall be provided
direct access to the Department of State financial management
system to independently monitor and control the obligation and
expenditure of all funds for the operation and enhancement of the
DTS.
(b) DTS Policy Board.--Within 60 days after the date of the
enactment of this Act, the Secretary of State and the Director of the
DTS-PO shall restructure the DTS Policy Board to provide for
representation on the Board, during fiscal year 1995 and each
succeeding fiscal year, by--
(1) the Director of the DTS-PO;
(2) the senior information management official from each agency
currently serving on the Board;
(3) a senior career information management official from each
of the Department of Commerce, the United States Information
Agency, and the Defense Intelligence Agency; and
(4) a senior career information management official from each
of 2 other Federal agencies served by the DTS, each of whom shall
be appointed on a rotating basis by the Secretary of State and the
Director of the DTS-PO for a 2-year term.
(c) DTS Consolidation Pilot Program.--
(1) In general.--The Secretary of State and the Director of the
DTS-PO shall carry out a program under which total DTS
consolidation will be completed before October 1, 1995, at not less
than five embassies of medium to large size.
(2) Pilot program requirements.--Under the program required in
paragraph (1)--
(A) each participating embassy shall be provided with a
full range of integrated information services, including
message, data, and voice, without additional charge;
(B) a combined transmission facility shall be established
and jointly operated, with open access to all unclassified
transmission equipment;
(C) an unclassified packet switch communication system
shall be installed and shall serve all foreign affairs agencies
associated with the embassy;
(D) separate classified transmission systems (including
MERCURY) shall be terminated; and
(E) all foreign affairs agency systems requiring
international communications capability shall obtain such
capability solely through the DTS.
(3) Pilot program report.--Not later than January 15, 1996, the
Secretary of State and the Director of the DTS-PO shall submit to
the Committees on Appropriations of the House and Senate a report
describing the actions taken under the program required by this
subsection. The report shall include a cost-benefit analysis for
each embassy participating in the program.
(d) DTS Planning Report.--Not later than January 15, 1995, the
Secretary of State and the Director of the DTS-PO shall submit to the
Committees on Appropriations a DTS planning report. The report shall
include--
(1) a detailed plan for carrying out the pilot program required
by subsection (c), including an estimate of the funds required for
such purpose; and
(2) a comprehensive DTS strategy plan that contains detailed
plans and schedules for--
(A) an overall DTS network configuration and security
strategy;
(B) transition of the existing dedicated circuits and
classified transmission systems to the unclassified packet
switch communications system;
(C) provision of a basic level of voice service for all DTS
customers;
(D) funding of new initiatives and of replacement of
current systems;
(E) combining existing DTS network control centers, relay
facilities, and overseas operations; and
(F) reducing the extensive reliance of DTS-PO on the full-
time services of contractors.
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms control and
disarmament activities, $54,500,000, of which not less than $9,500,000
is available until expended only for activities related to the
implementation of the Chemical Weapons Convention, and of which not to
exceed $100,000 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.): Provided, That of the budgetary resources
available in fiscal year 1995 in this account, $122,000 are permanently
canceled: Provided further, That amounts available for procurement and
procurement-related expenses in this account are reduced by such
amount: Provided further, That as used herein, ``procurement'' includes
all stages of the process of acquiring property or services, beginning
with the process of determining a need for a product or services and
ending with contract completion and closeout, as specified in 41 U.S.C.
403(2).
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $206,000, as authorized by Public Law 99-83, section
1303.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $42,500,000, to remain available until
expended.
Japan-United States Friendship Commission
japan-united states friendship trust fund
For expenses of the Japan-United States Friendship Commission as
authorized by Public Law 94-118, as amended, from the interest earned
on the Japan-United States Friendship Trust Fund, $1,247,000; and an
amount of Japanese currency not to exceed the equivalent of $1,420,000
based on exchange rates at the time of payment of such amounts as
authorized by Public Law 94-118.
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); $476,362,000: 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
$1,000,000 of the amounts allocated by the United States Information
Agency to carry out section 102(a)(3) of the Mutual Educational and
Cultural Exchange Act, as amended (22 U.S.C. 2452(a)(3)), shall remain
available until expended: Provided further, That not to exceed $500,000
shall remain available until expended as authorized by 22 U.S.C.
1477b(a), for expenses and equipment necessary for maintenance and
operation of data processing and administrative services as authorized
by 31 U.S.C. 1535-1536: 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 $2,000,000 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.
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 (5 U.S.C. App. 3), and in accordance with the provisions of 31
U.S.C. 1105(a)(25), $4,300,000.
educational and cultural exchange programs
For expenses of Fulbright, International Visitor, Humphrey
Fellowship, Citizen Exchange, Congress-Bundestag Exchange, and other
educational and cultural exchange programs, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636),
$238,279,000, to remain available until expended as authorized by 22
U.S.C. 2455: Provided, That of the funds appropriated in this
paragraph, $500,000 is available for the Mike Mansfield Fellowship
Program.
eisenhower exchange Fellowship Program
trust fund
For payment to the Eisenhower Exchange Fellowship Program Trust
Fund as authorized by the Eisenhower Exchange Fellowship Act of 1990
(20 U.S.C. 5204-05), $2,500,000, to remain available until expended.
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated to be derived from interest and earnings from the
Eisenhower Exchange Fellowship Program Trust Fund as authorized by
sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20
U.S.C. 5204-05), $300,000 to remain available until expended: Provided,
That none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract providing
for the payment thereof, in excess of the rate authorized by 5 U.S.C.
5376; or for purposes which are not in accordance with OMB Circulars A-
110 (Uniform Administrative Requirements) and A-122 (Cost Principles
for Non-profit Organizations), including the restrictions on
compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 1995, to remain available until expended.
international broadcasting operations
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Educational
Exchange Act of 1948, as amended, and Reorganization Plan No. 2 of
1977, to carry out international communication activities;
$468,796,000, of which not to exceed $10,000 may be used for official
receptions within the United States as authorized by 22 U.S.C. 1474(3)
and not to exceed $35,000 may be used for representation abroad as
authorized by 22 U.S.C. 1452 and 4085; and in addition, not to exceed
$250,000 from fees as authorized by section 810 of the United States
Informational and Educational Exchange Act of 1948, as amended, to
remain available until expended for carrying out authorized purposes:
Provided, That $229,735,000 shall be transferred to the Board for
International Broadcasting and shall remain available until expended
for expenses authorized by the Board for International Broadcasting Act
of 1973, as amended, of which not to exceed $45,000 shall be available
for official reception and representation expenses: Provided further,
That on the date upon which the Board for International Broadcasting
Act of 1973 (22 U.S.C. 2871, et seq.) is repealed, as provided for by
section 310(e) of the Foreign Relations Authorization Act, fiscal years
1994 and 1995 (Public Law 103-236; 108 Stat. 442), funds made available
for expenses of the Board for International Broadcasting shall be made
available until expended only for expenses necessary to enable the
Broadcasting Board of Governors to carry out the authorities provided
in section 305(a) of Public Law 103-236, including the appointment of
staff personnel as authorized by section 305(a)(11) of Public Law 103-
236: Provided further, That such amounts appropriated to the Board for
International Broadcasting in fiscal year 1994 as are certified by the
Office of Management and Budget to the Congress as gains due to the
fluctuation of foreign currency, may be used in fiscal year 1995 and
thereafter either to offset foreign currency losses or to offset
unfunded RFE/RL costs associated with the implementation of Public Law
103-236: Provided further, That obligated but unexpended balances
appropriated in fiscal year 1990 to fund planned transmitter
modernization expenses may be expended in fiscal year 1995 for unfunded
RFE/RL costs associated with the implementation of Public Law 103-236:
Provided further, That funds appropriated under this Act used by the
Board for International Broadcasting or the Broadcasting Board of
Governors to relocate offices or operations of RFE/RL, Incorporated,
from Munich, Germany to Prague, Czech Republic, shall be made available
only from funds provided for the Board for International Broadcasting
in this paragraph: Provided further, That none of the funds provided by
this Act for the United States Information Agency, except for amounts
made available for transfer to the Board for International
Broadcasting, shall be available for any excess cost to implement the
plan required by section 310 of Public Law 103-236: Provided further,
That no funds appropriated under this heading may be expended for the
payment of retroactive operating costs, including rent on facilities,
in Prague, or for the payment of operating costs prior to the date of
signing a lease by RFE/RL, Incorporated: Provided further, That not
less than the amount appropriated by this Act for the Office of
Inspector General, Board for International Broadcasting shall be
available for semiannual reviews of RFE/RL, Incorporated and that on-
site review is maintained at the current level throughout the duration
of the relocation transition.
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,
$85,314,000, to remain available until expended as authorized by 22
U.S.C. 1477b(a).
radio free asia
For expenses necessary to carry out the Radio Free Asia program as
authorized by section 309 of the International Broadcasting Act of 1994
(title III of the Foreign Relations Authorization Act of 1994, Public
Law 103-236), $10,000,000, to remain available until expended.
broadcasting to cuba
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended (22
U.S.C. 1465 et seq.) (providing for the Radio Marti Program or Cuba
Service of the Voice of America), the Television Broadcasting to Cuba
Act (22 U.S.C. 1465aa et seq.), and the International Broadcasting Act
of 1994 (title III of the Foreign Relations Authorization Act of 1994,
Public Law 103-236), 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.
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, $24,500,000:
Provided, That none of the funds appropriated herein shall be used to
pay any salary, or to 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, $4,000,000, 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, $34,000,000, to remain available until
expended.
administrative provision--united states information agency
(a) Of the budgetary resources available to the United States
Information Agency during fiscal year 1995, $1,440,000 are permanently
canceled.
(b) The Director of the United States Information Agency shall
allocate the amount of budgetary resources canceled among the Agency's
accounts available for procurement and procurement-related expenses.
Amounts available for procurement and procurement-related expenses in
each such account shall be reduced by the amount allocated to such
account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1995''.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive Order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act shall
be available for obligation or expenditure through a reprogramming of
funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices,
programs, or activities; or (6) contracts out or privatizes any
functions or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are
notified fifteen days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming of funds in excess of $500,000 or 10 per
centum, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 per centum funding for any
existing program, project, or activity, or numbers of personnel by 10
per centum 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. (a) None of the funds made available in this Act may be
used for the construction, repair (other than emergency repair),
overhaul, conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located outside of
the United States.
(b) None of the funds made available in this Act may be used for
the construction, repair (other than emergency repair), conversion, or
modernization of aircraft for the National Oceanic and Atmospheric
Administration in facilities located outside the United States and
Canada.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on
religion, when it is made known to the Federal entity or official to
which such funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the Commission
on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. No funds appropriated herein, or by any other Act, shall
be used to pay administrative expenses or the compensation of any
officer or employee of the United States to deny or refuse entry into
the United States of any goods on the United States Munitions List
manufactured or produced in the People's Republic of China, for which
authority had been granted to import into the United States, on or
before May 26, 1994, and which were, on or before May 26, 1994, in a
bonded warehouse or foreign trade zone, in port, or, as determined by
the United States on a case-by-case basis, in transit.
SEC. 610. RELIGIOUS LIBERTY.
(a) Findings.--The Congress finds that--
(1) the liberties protected by our Constitution include
religious liberty protected by the first amendment;
(2) citizens of the United States profess the beliefs of almost
every conceivable religion;
(3) Congress has historically protected religious expression
even from governmental action not intended to be hostile to
religion;
(4) the Supreme Court has written that ``the free exercise of
religion means, first and foremost, the right to believe and
profess whatever religious doctrine one desires'';
(5) the Supreme Court has firmly settled that under our
Constitution the public expression of ideas may not be prohibited
merely because the content of the ideas is offensive to some;
(6) Congress enacted the Religious Freedom Restoration Act of
1993 to restate and make clear again our intent and position that
religious liberty is and should forever be granted protection from
unwarranted and unjustified government intrusions and burdens;
(7) the Equal Employment Opportunity Commission has written
proposed guidelines to title VII of the Civil Rights Act of 1964,
published in the Federal Register on October 1, 1993, that expand
the definition of religious harassment beyond established legal
standards set forth by the Supreme Court, and that may result in
the infringement of religious liberty;
(8) such guidelines do not appropriately resolve issues related
to religious liberty and religious expression in the workplace;
(9) properly drawn guidelines for the determination of
religious harassment should provide appropriate guidance to
employers and employees and assist in the continued preservation of
religious liberty as guaranteed by the first amendment;
(10) the Commission states in its proposed guidelines that it
retains wholly separate guidelines for the determination of sexual
harassment because the Commission believes that sexual harassment
raises issues about human interaction that are to some extent
unique; and
(11) the subject of religious harassment also raises issues
about human interaction that are to some extent unique in
comparison to other harassment.
(b) Category of Religious Harassment in Proposed Guidelines.--For
purposes of issuing final regulations under title VII of the Civil
Rights Act of 1964 in connection with the proposed guidelines published
by the Equal Employment Opportunity Commission on October 1, 1993 (58
Fed. Reg. 51266), the Chairperson of the Equal Employment Opportunity
Commission shall ensure that--
(1) the category of religion shall be withdrawn from the
proposed guidelines at this time;
(2) any new guidelines for the determination of religious
harassment shall be drafted so as to make explicitly clear that
symbols or expressions of religious belief consistent with the
first amendment and the Religious Freedom Restoration Act of 1993
are not to be restricted and do not constitute proof of harassment;
(3) the Commission shall hold public hearings on such new
proposed guidelines; and
(4) the Commission shall receive additional public comment
before issuing similar new regulations.
Titles I through VI of this Act may be cited as the ``Departments
of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1995''.
TITLE VII--FISCAL YEAR 1994 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1994, and for other purposes, namely:
CHAPTER I
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development Assistance
Programs'' pursuant to the Public Works and Economic Development
Assistance Act of 1965 as amended, to be used for grants to assist
States and local communities in recovering from the flooding and damage
caused by Tropical Storm Alberto and other disasters, $50,000,000 to
remain available until expended; and in addition $5,000,000 to remain
available until expended, which may be transferred to and merged with
the appropriations for ``Salaries and expenses'': 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: Provided further,
That the entire 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, as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to Congress.
Small Business Administration
Disaster Loans Program Account
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans for the Northridge earthquake, the flooding
and other damage caused by Tropical Storm Alberto in Georgia, Alabama,
and Florida, and other disasters and associated administrative
expenses, $470,000,000, which 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, to remain available until expended: Provided,
That of this amount, not to exceed $135,000,000 is for administrative
expenses of such loans, including not to exceed $2,500,000 for the
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan program, and said sums
may be transferred to and merged with appropriations for ``Salaries and
expenses'' and ``Office of Inspector General'': 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.
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
federal-aid highways
Under the head, ``Federal-Aid Highways, Emergency Relief Program
(Highway Trust Fund)'' in title I of Public Law 103-211, delete
beginning after ``$950,000,000;'' through ``by the President to the
Congress, all''.
CHAPTER II
SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF STATE
International Organizations and Conferences
contributions for international peacekeeping operations
For an additional amount for ``Contributions for International
Peacekeeping Operations'', $670,000,000 to be available for obligation
and expenditure through September 30, 1994: Provided, That 50 percent
of this amount shall be withheld from obligation and expenditure
pursuant to section 401(a)(3) of Public Law 103-236 until a
certification is made pursuant to section 401(b) of said Act.
TITLE VIII
DEPARTMENT OF JUSTICE
Office of Justice Programs
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
to carry out the provisions of subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Acts of 1968, as amended,
notwithstanding the provisions of section 511 of said Act,
$450,000,000, to remain available until expended, for the Edward Byrne
Memorial State and Local Law Enforcement Assistance Grant Program.
state criminal records upgrade
For grants, contracts, cooperative agreements, and other assistance
authorized by section 106(b) of the Brady Handgun Violence Prevention
Act of 1993, Public Law 103-159 (107 Stat. 1536), $100,000,000, to
remain available until expended, of which up to $6,000,000 may be used
for implementation of the Federal Bureau of Investigation's National
Instant Background Check System: Provided, That not to exceed one
percentum of the amount appropriated herein shall be available for
salaries and expenses for management and administration to be
transferred to and merged with the appropriations for Justice
Assistance.
state correctional grants
For grants to States to develop, construct, or expand military
style boot camp prison programs which include coordinated, intensive
aftercare services for inmates following release, $24,500,000, to
remain available until expended: Provided, That not to exceed one
percentum of the amount appropriated herein shall be available for
salaries and expenses for management and administration to be
transferred to and merged with the appropriations for Justice
Assistance.
drug courts
For grants, contracts, cooperative agreements, and other assistance
to implement drug court programs which combine intensive probationary
supervision and mandatory drug testing and treatment as an alternative
punishment for young, non-violent drug offenders, $29,000,000, to
remain available until expended: Provided, That not to exceed one
percentum of the amount appropriated herein shall be available for
salaries and expenses for management and administration to be
transferred to and merged with the appropriations for Justice
Assistance.
grants to combat violent crimes against women
For grants, contracts, cooperative agreements, and other assistance
to develop and strengthen effective law enforcement and prosecution
strategies to combat violent crimes against women, and to develop and
strengthen victim services in cases involving crimes against women,
$26,000,000, to remain available until expended: Provided, That not to
exceed one percentum of the amount appropriated herein shall be
available for salaries and expenses for management and administration
to be transferred to and merged with the appropriations for Justice
Assistance.
ounce of prevention council
For grants by the Ounce of Prevention Council, $1,500,000, to
remain available until expended.
state criminal alien assistance program
For necessary expenses, as authorized by section 501 of the
Immigration Reform and Control Act of 1986, as amended (8 U.S.C. 1365),
$130,000,000, to remain available until expended: Provided, That the
Attorney General shall promulgate regulations to (a) prescribe
requirements for program participation eligibility for States, (b)
require verification by States of the eligible incarcerated population
data with the Immigration and Naturalization Service, (c) prescribe a
formula for distributing assistance to eligible States, and (d) award
assistance to eligible States: Provided further, That of the amount
appropriated herein, one-third shall be distributed on a preliminary
basis no later than 120 days after the beginning of the fiscal year,
according to regulations promulgated by the Attorney General: Provided
further, That the remaining two-thirds of the amount appropriated
herein shall be distributed after final application for program
participation to be submitted by the States by September 30, 1995:
Provided further, That not to exceed one percentum of the amount
appropriated herein shall be available for salaries and expenses for
management and administration to be transferred to and merged with the
appropriations for Justice Assistance.
General Administration
salaries and expenses
In addition to amounts otherwise made available in this Act, for
necessary expenses of the Executive Office for Immigration Review
associated with the President's Immigration Initiative, $17,400,000, of
which not to exceed $6,000,000 shall remain available until expended.
community policing
For grants, contracts, cooperative agreements, and other assistance
for the Cops on the Beat Program, $1,300,000,000, to remain available
until expended, of which $200,000,000 shall be available to the Bureau
of Justice Assistance to make awards to jurisdictions pursuant to the
police hiring grant program provided in the supplemental appropriation
for Justice Assistance contained in the Supplemental Appropriations Act
of 1993 (Public Law 103-50, 107 Stat. 246): Provided, That not to
exceed $11,000,000 of the amount appropriated herein shall be available
for salaries and expenses for program administration, of which $900,000
shall be transferred to and merged with the management and
administration program of the Justice Assistance appropriation.
Legal Activities
salaries and expenses, general legal activities
In addition to amounts otherwise made available in this Act for
``Salaries and Expenses, General Legal Activities'', $4,600,000 for
necessary expenses of the Civil Division associated with the
President's Immigration Initiative, of which not to exceed $1,500,000
shall remain available until expended.
salaries and expenses, united states attorneys
In addition to amounts otherwise made available in this Act for
``Salaries and Expenses, United States Attorneys'', $6,800,000 for
necessary expenses associated with the President's Immigration
Initiative, of which not to exceed $2,000,000 shall remain available
until expended.
Immigration and Naturalization Service
salaries and expenses
In addition to amounts otherwise made available under this heading
in this Act for ``Salaries and Expenses'', $100,600,000 to implement
the President's Immigration Initiative, of which not to exceed
$32,000,000 shall remain available until expended.
Border Control System Modernization
For the development, testing, evaluation and procurement of new
automation and communications systems and other new technologies
necessary for the administration and enforcement of the laws relating
to immigration, naturalization and alien registration, not otherwise
provided for, $154,600,000, to remain available until expended.
General Provision
Upon enactment of a bill establishing the Violent Crime Reduction
Trust Fund and reducing discretionary spending limits, amounts made
available under each heading under this title shall be rescinded, and
an amount equal to the amount under each such heading shall be made
available from such Trust Fund under the same terms and conditions
contained in this title. Obligations and outlays incurred prior to the
establishment of such Trust Fund shall, after enactment, be recorded
against amounts made available from the Trust Fund under the
appropriate heading as if such obligations and outlays had originally
been made from such Trust Fund.
This title may be cited as the ``Violent Crime Control
Appropriations Act, 1995''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.