[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 1871 Engrossed in House (EH)]
1st Session
H. R. 1871
_______________________________________________________________________
AN ACT
Making emergency supplemental appropriations for recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, and for other
purposes.
105th CONGRESS
1st Session
H. R. 1871
_______________________________________________________________________
AN ACT
Making emergency supplemental appropriations for recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, 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 recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, and for other
purposes, namely:
DEFENSE
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$306,800,000: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$300,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$29,100,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for ``Overseas Contingency Operations
Transfer Fund'', $1,430,100,000: Provided, That the Secretary of
Defense may transfer these funds only to Department of Defense
operation and maintenance accounts: Provided further, That the funds
transferred shall be merged with and shall be available for the same
purposes and for the same time period, as the appropriation to which
transferred: Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority available
to the Department of Defense: Provided further, That such amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law 104-
201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization Income
Insurance Fund'', $72,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(transfer of funds)

1744931739ce1ca53837ef7e15dd21c1a3316665ad387bc1369a9bbdf06fd9b2

$23,000,000 to ``Operation and Maintenance, Marine Corps'' from the
following accounts in the specified amounts, to be available only for
reimbursing costs incurred for repairing damage caused by hurricanes,
flooding, and other natural disasters during 1996 and 1997 to real
property and facilities at Marine Corps facilities (including Camp
Lejeune, North Carolina; Cherry Point, North Carolina; and the Mountain
Warfare Training Center, Bridgeport, California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'', $11,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'', $4,000,000.

671b07b767e3ab129629ab9090a3c2ccf083ade9dd33b37f4fd4440406cb0e85

TITLE I

-EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF

the Department of Defense Appropriations Act, 1997 (as contained in
section 101(b) of Public Law 104-208), under the heading ``Defense
Health Program'', $21,000,000 is hereby appropriated and made available
only for the provision of direct patient care at military treatment
facilities.

5f99b50005926f01d48d8ebb0d5c2b1da05398f3f873942c7b6b9bf506de77ee

the Department of Defense Appropriations Act, 1997 (as contained in
section 101(b) of Public Law 104-208), under the heading ``Operation
and Maintenance, Defense-Wide'', $10,000,000 is hereby appropriated and
made available only for force protection and counter-terrorism
initiatives.

dd96cf86b2e88374ca0b6c07d9adf65c8337a3ec425b06267c6e17beede5f383

208, $25,800,000 is appropriated under the heading ``Overseas
Humanitarian, Disaster and Civic Aid'': Provided, That from the funds
available under that heading, the Secretary of Defense shall make a
grant in the amount of $25,800,000 to the American Red Cross for Armed
Forces emergency services.

a9e4175312223019007d6bc33c45017a01654287c533e87108f9b5a8508c55f0

Activities Relating to Bosnia.--(a) Not later than 60 days after
enactment of this Act, the President shall submit to Congress the
report described in subsection (b).
(b) Report Elements.--The report referred to in subsection (a)
shall include the following:
(1) A detailed description of the estimated cumulative cost
of all United States activities relating to Bosnia after
December 1, 1995, including--
(A) the cost of all deployments, training
activities, and mobilization and other preparatory
activities of the Armed Forces; and
(B) the cost of all other activities relating to
United States policy toward Bosnia, including
humanitarian assistance, reconstruction assistance, aid
and other financial assistance, the rescheduling or
forgiveness of bilateral or multilateral aid, in-kind
contributions, and any other activities of the United
States Government.
(2) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (1),
including--
(A) in the case of expenditures of funds of
Department of Defense, a breakdown of such expenditures
by military service or defense agency, line item, and
program; and
(B) in the case of expenditures of funds of other
departments and agencies of the United States, a
breakdown of such expenditures by department or agency
and by program.

e474c7a898814d3486cb36b3acbf1d94ff8670787af90fbc4fd040398bcf98a3

Marine Corps'' to cover the incremental Operation and Maintenance costs
arising from hurricane damage to family housing units at Marine Corps
Base Camp Lejeune, North Carolina and Marine Corps Air Station Cherry
Point, North Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $57,000,000 are rescinded.
Military Personnel, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $18,000,000 are rescinded.
Military Personnel, Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.
Military Personnel, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $196,000,000 are rescinded.
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $51,000,000 are rescinded.
Operation and Maintenance, Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $3,000,000 are rescinded.
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $117,000,000 are rescinded.
Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $25,000,000 are rescinded.
Environmental Restoration, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Defense-Wide
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Formerly Used Defense Sites
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $2,000,000 are rescinded.
PROCUREMENT
Aircraft Procurement, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $5,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $13,000,000 are rescinded.
Missile Procurement, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $24,000,000 are rescinded.
Procurement of Weapons and Tracked Combat Vehicles, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $15,400,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $18,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $11,000,000 are rescinded.
Other Procurement, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $21,000,000 are rescinded.
Aircraft Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $34,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $52,000,000 are rescinded.
Weapons Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $6,000,000 are rescinded.
Procurement of Ammunition, Navy and Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $812,000 are rescinded.
Shipbuilding and Conversion, Navy
(rescissions)
Of the funds made available under this heading in Public Law 102-
396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $33,000,000 are rescinded.
Other Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $3,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $8,000,000 are rescinded.
Procurement, Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $1,207,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $40,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $41,000,000 are rescinded.
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $163,000,000 are rescinded.
Procurement of Ammunition, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
61, $7,700,000 are rescinded.
Other Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $10,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $20,000,000 are rescinded.
Procurement, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $16,113,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.
National Guard and Reserve Equipment
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public Law 104-
61, $4,366,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $18,000,000 are rescinded.
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public Law 104-
61, $16,878,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $9,600,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 104-
61, $24,245,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $172,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public Law 104-
61, $95,714,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $87,000,000 are rescinded.
Developmental Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public Law 104-
61, $6,692,000 are rescinded.
Operational Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public Law 104-
61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $25,200,000 are rescinded.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $21,000,000 are rescinded.
Chemical Agents and Munitions Destruction, Defense
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $456,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $20,652,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $27,000,000 are rescinded.
Drug Interdiction and Counter-Drug Activities, Defense
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(rescissions)

e18fbbd517565331c2a73173c67bcbf23740768407058787060e26f9698f049e

Appropriations Act, 1996 (Public Law 104-32), amounts are hereby
rescinded from the following accounts in the specified amounts:
``Military Construction, Air National Guard'', $5,000,000;
``Military Construction, Defense-wide'', $41,000,000;
``Base Realignment and Closure Account, Part II'',
$35,391,000;
``Base Realignment and Closure Account, Part III'',
$75,638,000; and
``Base Realignment and Closure Account, Part IV'',
$22,971,000:
Provided, That of the funds appropriated in the Military Construction
Appropriations Act, 1997 (Public Law 104-196), amounts are hereby
rescinded from the following accounts in the specified amounts:
``Military Construction, Army'', $1,000,000;
``Military Construction, Navy'', $2,000,000;
``Military Construction, Air Force'', $3,000,000; and
``Military Construction, Defense-wide'', $3,000,000.
(rescission)

8c9b45689463f685912eaf1248631cb1e24d69d450204ba9e226143dd6cebab4

Navy'' under Public Law 103-307, $6,480,000 is hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE

d13a16aa82026494f6a220e1cbaa9724a0f5045308108f8c701b7f83d77d11da

congressional defense committees 30 days prior to transferring
management, development, and acquisition authority over the elements of
the National Missile Defense Program from the Military Services:
Provided, That the Joint Requirements Oversight Council is directed to
conduct an analysis and submit recommendations as to the recommended
future roles of the Military Services with respect to development and
deployment of the elements of the National Missile Defense Program:
Provided further, That the analysis and recommendations shall be
submitted to the congressional defense committees within 60 days of
enactment of this Act: Provided further, That for 60 days following
enactment of this Act, the Department of Defense shall take no actions
to delay or defer planned activities under the National Missile Defense
Program based solely on the conduct of the Joint Requirements Oversight
Council analysis.

cf9e2de2e220d0523cc4618e7a52e10aa3887f2d1900bdfee10eddb2c0751aea

States Code, the incumbent may continue to serve as the Secretary of
Defense designee on the Board of the Panama Canal Commission if he
retires as an officer of the Department of Defense, until and unless
the Secretary of Defense designates another person to serve in this
position.

a561501464539308c4ce60c746530cd2dda8c3e1e7b2b0ccc442ebc4cdd7cf1f

Building No. 1, Lexington Blue Grass Station, Lexington, Kentucky.--
(a) Authority to enter into lease.--The Secretary of
Defense may enter into an agreement for the lease of Building
No. 1, Lexington Blue Grass Station, Lexington, Kentucky, and
any real property associated with the building, for purposes of
the use of the building by the Defense Finance and Accounting
Service. The agreement shall meet the requirements of this
section.
(b) Term.--(1) The agreement under this section shall
provide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the term of
the lease.
(2) The agreement shall include a provision specifying
that, if the Secretary ceases to require the leased building
for purpose of the use of the building by the Defense Finance
and Accounting Service before the expiration of the term of the
lease (including any extension or renewal of the term under an
option provided for in paragraph (1)), the remainder of the
lease term may, upon the approval of the lessor of the
building, be satisfied by the Secretary or another department
or agency of the Federal Government (including a military
department) for another purpose similar to such purpose.
(c) Consideration.--(1) The agreement under this section
may not require rental payments by the United States under the
lease under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment of
any utilities associated with the lease of the building covered
by the agreement and for maintenance and repair of the
building.
(d) Improvement.--The agreement under this section may
provide for the improvement of the building covered by the
agreement by the Secretary or other lessee, if any, under
subsection (b)(2).
(e) Limitation on certain activities.--The Secretary may
not obligate or expend funds for the costs of any utilities,
maintenance and repair, or improvements under this lease under
this section in any fiscal year unless funds are appropriated
or otherwise made available for the Department of Defense for
such payment in such fiscal year.

b12862922c03d1be7c47adcf731b01ebbe7f7bbdf1d4cc78cc4c7df644970358

31 U.S.C. 1553(a), funds appropriated in Public Law 101-511, Public Law
102-396, and Public Law 103-139, under the heading ``Weapons
Procurement, Navy'', that were obligated and expended to settle claims
on the MK-50 torpedo program may continue to be obligated and expended
to settle those claims.

f943cb4732d4e77377373fa684b20722aed2423c228af0820f90b6c866d25e53

in this or any other Act shall be available to pay the cost of
operating a National Missile Defense Joint Program Office which
includes more than 55 military and civilian personnel located in the
National Capital Region.

4d30b168fb89a409b3522fbbb76db008e8d9e1c086cfa3add2dafceedbc8bd2a

Administration (NASA) in the amount of $61,300,000 during fiscal year
1996, pursuant to the ``Memorandum of Agreement between the National
Aeronautics and Space Administration and the United States Air Force on
Titan IV/Centaur Launch Support for the Cassini Mission,'' signed
September 8, 1994, and September 23, 1994, and Attachments A, B, and C
to that Memorandum, shall be merged with Air Force appropriations
available for research, development, test and evaluation and
procurement for fiscal year 1996, and shall be available for the same
time period as the appropriation with which merged, and shall be
available for obligation only for those Titan IV vehicles and Titan IV-
related activities under contract.

b6dfffa0280d362f636920fad94fd8f2a9ddfd22bc9b63c81e979e3cfbf92155

Experimental Program to Stimulate Competitive Research (DEPSCoR), the
term ``State'' means a State of the United States, the District of
Columbia, Puerto Rico, Guam and the Virgin Islands of the United
States, American Samoa and the Commonwealth of the Northern Mariana
Islands.
NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
For an additional amount for the ``Agricultural Credit Insurance
Fund Program Account'' for the additional cost of direct and guaranteed
loans authorized by 7 U.S.C. 1928-1929, including the cost of modifying
such loans as defined in section 502 of the Congressional Budget Act of
1974, resulting from flooding and other natural disasters, $23,000,000,
to remain available until expended, of which $18,000,000 shall be
available for emergency insured loans and $5,000,000 shall be available
for subsidized guaranteed operating loans: Provided, That the entire
amount shall be available only to the extent that an official budget
request for $23,000,000 that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That
such amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
For an additional amount for the ``Agricultural Credit Insurance
Fund Program Account'' for the additional cost of direct operating
loans authorized by 7 U.S.C. 1928-1929, including the cost of modifying
such loans as defined in section 502 of the Congressional Budget Act of
1974, $6,300,000, to remain available until expended.
emergency conservation program
For an additional amount for ``Emergency Conservation Program'' for
expenses, including carcass removal, resulting from flooding and other
natural disasters, $70,000,000, to remain available until expended:
Provided, That the entire amount shall be available only to the extent
that an official budget request for $70,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of such
Act.
tree assistance program
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards damaged by
natural disasters: Provided, That the entire amount shall be available
only to the extent that an official budget request of $9,000,000, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That such amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
Commodity Credit Corporation Fund
disaster reserve assistance program
Effective only for losses in the fiscal year beginning October 1,
1996, through the date of enactment of this Act, the Secretary may use
up to $50,000,000 from proceeds earned from the sale of grain in the
disaster reserve established in the Agricultural Act of 1970 to
implement a livestock indemnity program for losses from natural
disasters pursuant to a Presidential or Secretarial declaration
requested prior to the date of enactment of this Act in a manner
similar to catastrophic loss coverage available for other commodities
under 7 U.S.C. 1508(b): Provided, That in administering a program
described in the preceding sentence, the Secretary shall, to the extent
practicable, utilize gross income and payment limitations conditions
established for the Disaster Reserve Assistance Program for the 1996
crop year: Provided further, That notwithstanding any other provision
of law, beginning on October 1, 1997, grain in the disaster reserve
established in the Agricultural Act of 1970 shall not exceed 20 million
bushels: Provided further, That the entire amount shall be available
only to the extent an official budget request, 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 the
Congress: Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' to repair damages to the waterways and watersheds,
including debris removal that would not be authorized under the
Emergency Watershed Program, resulting from flooding and other natural
disasters, including those in prior years, $166,000,000, to remain
available until expended: Provided, That the entire amount shall be
available only to the extent an official budget request for
$166,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of such Act: Provided further, That if the
Secretary determines that the cost of land and farm structures
restoration exceeds the fair market value of an affected agricultural
land, the Secretary may use sufficient amounts, not to exceed
$15,000,000, from funds provided under this heading to accept bids from
willing sellers to provide floodplain easements for such agricultural
land inundated by floods: Provided further, That none of the funds
provided under this heading shall be used for the salmon memorandum of
understanding.
Rural Housing Service
rural housing insurance fund program account
Rural Housing Assistance Program
Any unobligated balances remaining in the ``Rural Housing Insurance
Fund Program Account'' from prior years' disaster supplementals shall
be available until expended for Section 502 housing loans, Section 504
loans and grants, Section 515 loans, and domestic farm labor grants to
meet emergency needs resulting from natural disasters: Provided, That
such unobligated balances shall be available only to the extent an
official budget request 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 is transmitted by the
President to the Congress: Provided further, That such unobligated
balances are designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act: Provided further, That
notwithstanding section 520 of the Housing Act of 1949, as amended, (42
U.S.C. 1490) the College Station area of Pulaski County, Arkansas shall
be eligible for loans and grants available through the Rural Housing
Service: Provided further, That funds made available in Public Law 104-
180 for Community Facility Grants for the Rural Housing Assistance
Program may be provided to any community otherwise eligible for a
Community Facility Loan for expenses directly or indirectly resulting
from flooding and other natural disasters.
Rural Utilities Service
rural utilities assistance program
For an additional amount for ``Rural Utilities Assistance
Program'', for the cost of direct loans, loan guarantees, and grants,
including the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, for emergency expenses resulting from
flooding and other natural disasters, $4,000,000, to remain available
until September 30, 1998: Provided, That the entire amount shall be
available only to the extent that an official budget request for
$4,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Food and Consumer Service
special supplemental nutrition program for women, infants, and children
(wic)
For an additional amount for the ``Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC)'' as authorized by
section 17 of the Child Nutrition Act of 1966, as amended (42 U.S.C. et
seq.), $76,000,000, to remain available through September 30, 1998:
Provided, That the Secretary shall allocate such funds through the
existing formula or, notwithstanding sections 17(g), (h), or (i) of
such Act and the regulations promulgated thereunder, such other means
as the Secretary deems necessary.
GENERAL PROVISION, CHAPTER 1

1f737b0036e7901c4fdc109db632a13180156c503af6d0187a3a115152167dab

RECEIVED FOR BULK CHEESE.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture shall collect and
disseminate, on a weekly basis, statistically reliable information,
obtained from cheese manufacturing areas in the United States on prices
received and terms of trade involving bulk cheese, including
information on the national average price for bulk cheese sold through
spot and forward contract transactions. To the maximum extent
practicable, the Secretary shall report the prices and terms of trade
for spot and forward contract transactions separately.
(b) Confidentiality.--All information provided to, or acquired by,
the Secretary under subsection (a) shall be kept confidential by each
officer and employee of the Department of Agriculture except that
general weekly statements may be issued that are based on the
information and that do not identify the information provided by any
person.
(c) Report.--Not later than 150 days after the date of enactment of
this Act, the Secretary shall report to the Committee on Agriculture,
and the Committee on Appropriations, of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate of reporting
compliance by cheese manufacturers with respect to the information
collected under subsection (a). At the time of the report, the
Secretary may submit legislative recommendations to improve the rate of
reporting compliance.
(d) Termination of Effectiveness.--The authority provided by
subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development Assistance
Programs'' for emergency infrastructure expenses and the capitalization
of revolving loan funds related to recent flooding and other natural
disasters, $52,200,000, to remain available until expended, of which
not to exceed $2,000,000 may be available for administrative expenses
and 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.
National Institute of Standards and Technology
industrial technology services
Of the amount provided under this heading in Public Law 104-208 for
the Advanced Technology Program, not to exceed $35,000,000 shall be
available for the award of new grants.
National Oceanic and Atmospheric Administration
operations, research, and facilities
Within amounts available for ``Operations, Research, and
Facilities'' for Satellite Observing Systems, not to exceed $7,000,000
is available until expended to provide disaster assistance related to
recent flooding and red tide pursuant to section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act, and not to
exceed $2,000,000 is available until expended to implement the
Magnuson-Stevens Fishery Conservation and Management Act: Provided,
That the entire amount shall be available only to the extent that an
official budget request for $9,000,000, that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of such Act.
construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
Commission on the Advancement of Federal Law Enforcement
For an additional amount for the operations of the Commission on
the Advancement of Federal Law Enforcement, $2,000,000, to remain
available until expended.
GENERAL PROVISIONS, CHAPTER 2

4ad909df1c1014d3d9eb76e5506f068a5f3c6bfddb3684500507a1cd154d4574

TITLE II

-EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM

``Counterterrorism Fund'' of the Department of Justice, $3,000,000 is
provided for allocation by the Attorney General to the appropriate unit
or units of government in Ogden, Utah, for necessary expenses,
including enhancements and upgrade of security and communications
infrastructure, to counter any potential terrorism threat related to
the 2002 Winter Olympic games to be held in Utah.

bf127fad37d047e0c1d83dc50bec5466afc1c243f08d49d2874cea31c8a33e66

Section 722(a) of the Small Business Competitiveness Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended by striking
``September 30, 1996'' and inserting ``September 30, 1997''.

b6eb833715743de5a0193e3426b2f26b126da5f06e96652304570bcce00ee4ed

(16 U.S.C. 1371) is amended by adding at the end thereof the following:
``(d) Good Samaritan Exemption.--It shall not be a violation of
this Act to take a marine mammal if--
``(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal
entangled in fishing gear or debris;
``(2) reasonable care is taken to ensure the safe release
of the marine mammal, taking into consideration the equipment,
expertise, and conditions at hand;
``(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
``(4) such taking is reported to the Secretary within 48
hours.''.

94bf1e70d7b94f3f68eb81aea76f13e16ab3291c3a8424aa5f3b06ed1a9618ce

Secretary of Commerce shall have the authority to reprogram or transfer
up to $41,000,000 of the amounts provided under ``National Oceanic and
Atmospheric Administration, Operations, Research, and Facilities'' for
Satellite Observing Systems in Public Law 104-208 for other
programmatic and operational requirements of the National Oceanic and
Atmospheric Administration and the Department of Commerce subject to
notification of the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997 and which shall not be available for
obligation or expenditure except in compliance with the procedure set
forth in that section.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For an additional amount for ``Flood Control, Mississippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee'' for emergency expenses due to flooding and
other natural disasters, $20,000,000, to remain available until
expended: Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance, General''
for emergency expenses due to flooding and other natural disasters,
$150,000,000, to remain available until expended: Provided, That of the
total amount appropriated, the amount for eligible navigation projects
which may be derived from the Harbor Maintenance Trust Fund pursuant to
Public Law 99-662, shall be derived from that fund: Provided further,
That of the total amount appropriated, $5,000,000 shall be available
solely for the Secretary of the Army, acting through the Chief of
Engineers, to pay the costs of the Corps of Engineers and other Federal
agencies associated with the development of necessary studies, an
interagency management plan, environmental documentation, continued
monitoring, and other activities related to allocations of water in the
Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River
Basins: Provided further, That no portion of such $5,000,000 may be
used by the Corps of Engineers to revise its master operational manuals
or water control plans for operation of the reservoirs for the two
river basins until (1) the interstate compacts for the two river basins
are ratified by the Congress by law; and (2) the water allocation
formulas for the two river basins have been agreed to by the States of
Alabama, Georgia, and Florida and the Federal representative to the
compacts: Provided further, That the preceding proviso shall not apply
to the use of such funds for any environmental reviews necessary for
the Federal representative to approve the water allocation formulas for
the two river basins: 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.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' due to flooding and other natural disasters,
$415,000,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That with $5,000,000 of the funds appropriated herein, the Secretary of
the Army is directed to initiate and complete preconstruction
engineering and design and the associated Environmental Impact
Statement for an emergency outlet from Devils Lake, North Dakota, to
the Sheyenne River: Provided further, That of the funds appropriated
under this paragraph, $5,000,000 shall be used for the project
consisting of channel restoration and improvements on the James River
authorized by section 401(b) of the Water Resources Development Act of
1986 (Public Law 99-662; 100 Stat. 4128) if the Secretary of the Army
determines that the need for such restoration and improvements
constitutes an emergency.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
operation and maintenance
For an additional amount for ``Operation and Maintenance'',
$7,355,000, to remain available until expended, to repair damage caused
by floods and other natural disasters: Provided, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund shall be derived from that fund: 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.
GENERAL PROVISIONS, CHAPTER 3

7d8311c4152da5596b8db9730e3d72bc8cbb7414b2f853be3fbc939256baffcd

United States members and the alternate members appointed under the
Susquehanna River Basin Compact (Public Law 91-575), and the Delaware
River Basin Compact (Public Law 87-328), shall be officers of the U.S.
Army Corps of Engineers, who hold Presidential appointments as Regular
Army officers with Senate confirmation, and who shall serve without
additional compensation.
(b) Section 2, Reservations, Paragraph (u) of Public Law 91-575 (84
Stat. 1509) and section 15.1, Reservations, Paragraph (d) of Public Law
87-328 (75 Stat. 688, 691) are hereby repealed.
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is amended
by striking the words ``during the term of office of the President''
and inserting the words ``at the pleasure of the President''.

c08acb6c0ff56c09dcbeffdef13ded4faa86bda572098e0dd5bc514b3fca38a5

Dams Act of 1978, Public Law 95-578, as amended, the Secretary of the
Interior is authorized to obligate up to $1,200,000 for carrying out
actual construction for safety of dam purposes to modify the Willow
Creek Dam, Sun River Project, Montana.

8f60e9b286ddd174be545351dc2371b69f4961365a17ae6aaa7a9406f9ccff9e

regulations issued under the Endangered Species Act (16 U.S.C. 1531 et
seq.) for emergency situations, formal consultation or conferencing
under section 7(a)(2) or section 7(a)(4) of the Act for any action
authorized, funded or carried out by any Federal agency to repair a
Federal or non-Federal flood control project, facility or structure may
be deferred by the Federal agency authorizing, funding or carrying out
the action, if the agency determines that the repair is needed to
respond to an emergency causing an imminent threat to human lives and
property in 1996 or 1997. Formal consultation or conferencing shall be
deferred until the imminent threat to human lives and property has been
abated. For purposes of this section, the term repair shall include
preventive and remedial measures to restore the project, facility or
structure to remove an imminent threat to human lives and property.
(b) Reasonable and Prudent Measures.--Any reasonable and prudent
measures specified under section 7 of the Endangered Species Act (16
U.S.C. 1536) to minimize the impact of an action taken under this
section shall be related both in nature and extent to the effect of the
action taken to repair the flood control project, facility or
structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
assistance to ukraine

66aa6ab1d7bf7f14fe5b032a14755012eb3cf23d125770355861412db2a3fc03

contained in subsection (k) under the heading ``Assistance for the New
Independent States of the Former Soviet Union'' contained in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997, as included in Public Law 104-208, for
activities for the government of Ukraine funded in that subsection, if
he determines and so reports to the Committees on Appropriations that
the government of Ukraine:
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate according to
generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping of
steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
construction
(including transfer of funds)
For an additional amount for ``Construction'' to repair damage
caused by floods and other natural disasters, $4,796,000, to remain
available until expended, of which $4,403,000 is to be derived by
transfer from unobligated balances of funds under the heading, ``Oregon
and California Grant Lands'', made available as supplemental
appropriations in Public Law 104-134: 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.
oregon and california grant lands
For an additional amount for ``Oregon and California Grant Lands''
to repair damage caused by floods and other natural disasters,
$2,694,000, to remain available until expended and to be derived from
unobligated balances of funds under the heading, ``Oregon and
California Grant Lands'', made available as supplemental appropriations
in Public Law 104-134: 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.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', $5,300,000,
to remain available until expended, for technical assistance and fish
replacement made necessary by floods and other natural disasters, for
restoration of public lands damaged by fire, and for payments to
private landowners for the voluntary use of private land to store water
in restored wetlands: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
construction
For an additional amount for ``Construction'', $88,000,000, to
remain available until expended, to repair damage caused by floods and
other natural disasters: 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.
land acquisition
For an additional amount for ``Land Acquisition'', $10,000,000, to
remain available until expended, for the cost-effective emergency
acquisition of land and water rights necessitated by floods and other
natural disasters: 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.
National Park Service
construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$187,321,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That of this amount, $30,000,000 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 such Act, is transmitted by the President to
Congress, and upon certification by the Secretary of the Interior to
the President that a specific amount of such funds is required for (1)
repair or replacement of concession use facilities at Yosemite National
Park if the Secretary determines, after consulting with the Director of
the Office of Management and Budget, that the repair or replacement of
those facilities cannot be postponed until completion of an agreement
with the Yosemite Concessions Services Corporation or any responsible
third party to satisfy its repair or replacement obligations for the
facilities, or (2) the Federal portion, if any, of the costs of repair
or replacement of such concession use facilities: Provided further,
That nothing herein should be construed as impairing in any way the
rights of the United States against the Yosemite Concession Services
Corporation or any other party or as relieving the Corporation or any
other party of its obligations to the United States: Provided further,
That prior to any final agreement by the Secretary with the Corporation
or any other party concerning its obligation to repair or replace
concession use facilities, the Solicitor of the Department of the
Interior shall certify that the agreement fully satisfies the
obligations of the Corporation or third party: Provided further, That
nothing herein, or any payments, repairs, or replacements made by the
Corporation or a third party in fulfillment of the Corporation's
obligations to the United States to repair and replace damaged
facilities, shall create any possessory interest for the Corporation or
such third party in such repaired or replaced facilities: Provided
further, That any payments made to the United States by the Corporation
or a third party for repair or replacement of concession use facilities
shall be deposited in the General Fund of the Treasury or, where
facilities are repaired or replaced by the Corporation or any other
third party, an equal amount of appropriations for ``Construction''
shall be rescinded.
For an additional amount for ``Construction'', $10,000,000, to
remain available until expended, to make repairs, construct facilities,
and provide visitor transportation and for related purposes at Yosemite
National Park.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $4,650,000, to remain available until September 30, 1998,
to repair or replace damaged equipment and facilities caused by floods
and other natural disasters: 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.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$14,317,000, to remain available until September 30, 1998, for
emergency response activities, including emergency school operations,
heating costs, emergency welfare assistance, and to repair and replace
facilities and resources damaged by snow, floods, and other natural
disasters: Provided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
construction
For an additional amount for ``Construction'', $6,249,000, to
remain available until expended, to repair damages caused by floods and
other natural disasters: 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 notwithstanding any
other provision of law, funds appropriated herein and in Public Law
104-208 to the Bureau of Indian Affairs for repair of the Wapato
irrigation project shall be made available on a nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for ``National Forest System'' for
emergency expenses resulting from flooding and other natural disasters,
$39,677,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
reconstruction and construction
For an additional amount for ``Reconstruction and Construction''
for emergency expenses resulting from flooding and other natural
disasters, $27,685,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For an additional amount for ``Indian Health Services'' for
emergency expenses resulting from flooding and other natural disasters,
$1,000,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
indian health facilities
For an additional amount for ``Indian Health Facilities'' for
emergency expenses resulting from flooding and other natural disasters,
$2,000,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 5

de148cc27b6b70664e6d030d58887bdcef8e34fd3faf45e3e2a2c77da8073c1f

follows: Under the heading ``Title III--General Provisions'' amend
sections 315(c)(1)(A) and 315(c)(1)(B) by striking in each of those
sections ``104%'' and inserting in lieu thereof ``100%''; by striking
in each of those sections ``1995'' and inserting in lieu thereof
``1994''; and by striking in each of those sections ``and thereafter
annually adjusted upward by 4%,''.

96ed6128a6700e36e21380ceea54fd31641351354ff742883543e062f82d3162

follows: Under the heading ``Administrative Provisions, Indian Health
Service'' strike the seventh proviso and insert the following in lieu
thereof: ``: Provided further, That with respect to functions
transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to provide goods
and services to those entities, on a reimbursable basis, including
payment in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self Determination Act, may be credited to the
same or subsequent appropriation account which provided the funding,
said amounts to remain available until expended''.

e68abb83bb4db5c88d198df8ea3e5d30043bb85dec3a279226c5cb3fa3303dda

the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (106
Stat. 4752) is amended by striking ``June 30, 1997'' and inserting
``March 31, 1999''.
(b) Extension for River System General Adjudication.--Section 3711
of such Act is amended by adding at the end the following new
subsection:
``(c) Extension for River System General Adjudication.--If, at any
time prior to March 31, 1999, the Secretary notifies the Committee on
Indian Affairs of the United States Senate or the Committee on
Resources in the United States House of Representatives that the
Settlement Agreement, as executed by the Secretary, has been submitted
to the Superior Court of the State of Arizona in and for Maricopa
County for consideration and approval as part of the General
Adjudication of the Gila River System and Source, the March 31, 1999,
referred to in subsection (b)(1) shall be deemed to be changed to
December 31, 1999.''.
(c) Counties.--Section 3706(b)(3) of such Act is amended by
inserting ``Gila, Graham, Greenlee,'' after ``Maricopa,''.
(d) Parties to Agreement.--Section 3703(2) of such Act is amended
by adding at the end the following new sentence: ``The Gila Valley
Irrigation District and the Franklin Irrigation District shall be added
as parties to the Agreement, but only so long as none of the
aforementioned parties objects to adding the Gila Valley Irrigation
and/or the Franklin Irrigation District as parties to the Agreement.''.
(e) Definitions.--Section 3703 of such Act is amended by adding the
following new paragraphs:
``(12) `Morenci mine complex' means the lands owned or leased by
Phelps Dodge Corporation, now or in the future, delineated in a map as
`Phelps Dodge Mining, Mineral Processing, and Auxiliary Facilities
Water Use Area', which map is dated March 19, 1996, and is on file with
the Secretary of the Interior.
``(13) `Upper Eagle Creek Wellfield' means that area in Greenlee
County which is bounded by the eastern boundary of Graham County on the
west, the southern boundary of the Black River watershed on the north,
a line running north and south 5 miles east of the eastern boundary of
Graham County on the east, and the southern boundary of the natural
drainage of Cottonwood Canyon on the south.''.
(f) Black River Facilities.--Section 3711 of such Act, as amended
by subsection (b) of this Act, is further amended by adding at the end
the following:
``(d) Black River Facilities.--
``(1) In general.--The provisions and agreements set forth
or referred to in paragraphs (2), (3), and (4) below shall be
enforceable against the United States in United States district
court, and the immunity of the United States for such purposes
and for no other purpose is hereby waived. The provisions and
agreements set forth or referred to in paragraphs (2)(A), (3),
and (4) below shall be enforceable against the Tribe in United
States district court, and the immunity of the Tribe for such
purposes and for no other purpose, is hereby waived. The
specific agreements made by the Tribe and set forth in
paragraph (5) shall be enforceable against the Tribe in United
States district court, and the immunity of the Tribe is hereby
waived as to such specific agreements and for no other purpose.
``(2) Interim period.--
``(A) As of July 23, 1997, Phelps Dodge shall
vacate the reservation and no longer rely upon permit
#2000089, dated July 25, 1944. On such date the United
States, through the Bureau of Reclamation, shall enter,
operate, and maintain the Black River pump station,
outbuildings, the pipeline, related facilities, and
certain caretaker quarters (hereinafter referred to
collectively as the `Black River facilities').
``(B) The United States and Phelps Dodge shall
enter into a contract for delivery of water pursuant to
subparagraph (C), below. Water for delivery to Phelps
Dodge from the Black River shall not exceed an annual
average of 40 acre feet per day, or 14,000 acre feet
per year. All diversions from Black River to Phelps
Dodge shall be junior to the diversion and use of up to
7,300 acre feet per year by the San Carlos Apache
Tribe, and no such diversion for Phelps Dodge shall
cause the flow of Black River to fall below 20 cubic
feet per second. The United States shall account for
the costs for operating and maintaining the Black River
facilities, and Phelps Dodge shall reimburse the United
States for such costs. Phelps Dodge shall pay to the
United States, for delivery to the Tribe, the sum of
$20,000 per month, with an annual CPI adjustment from
July 23, 1997, for purposes of compensating the Tribe
for United States use and occupancy of the Black River
facilities. Phelps Dodge and the Tribe shall cooperate
with the United States in effectuating an orderly
transfer of the operations of the Black River
facilities from Phelps Dodge to the United States.
``(C) Notwithstanding any other provision of law,
the contract referred to in subparagraph (B) between
the United States and Phelps Dodge which provides for
the diversion of water from the Black River into the
Black River facilities, and the delivery of such water
to Phelps Dodge at that location where the channel of
Eagle Creek last exits the reservation for use in the
Morenci mine complex and the towns of Clifton and
Morenci and at no other location, is ratified and
confirmed.
``(D) The power line right-of-way over the Tribe's
Reservation which currently is held by Phelps Dodge
shall remain in place. During the interim period,
Phelps Dodge shall provide power to the United States
for operation of the pump station and related
facilities without charge, and Phelps Dodge shall pay a
monthly right-of-way fee to the Tribe of $5,000 per
month, with an annual CPI adjustment from July 23,
1997.
``(E) Any questions regarding the water claims
associated with Phelps Dodge's use of the Upper Eagle
Creek Wellfield, its diversions of surface water from
Eagle Creek, the San Francisco River, Chase Creek, and/
or its use of other water supplies are not addressed in
this title. No provision in this subsection shall
affect or be construed to affect any claims by the
Tribe, the United States, or Phelps Dodge to
groundwater or surface water.
``(3) Final arrangements and terms.--The interim period
described in paragraph (2) shall extend until all conditions
set forth in paragraph (3)(B) have been satisfied. At such
time, the following final arrangements shall apply, based on
the terms set forth below. Such terms shall bind the Tribe, the
United States, and Phelps Dodge, and shall be enforceable
pursuant to subsection (d)(1) of this Act.
``(A) The United States shall hold the Black River
facilities in trust for the Tribe, without cost to the
Tribe or the United States.
``(B) Responsibility for operation of the Black
River facilities shall be transferred from the United
States to the Tribe. The United States shall train
Tribal members during the interim period, and the
responsibility to operate the Black River facilities
shall be transferred upon satisfaction of 2
conditions--
``(i) a finding by the United States that
the Tribe has completed necessary training and
is qualified to operate the Black River
facilities; and
``(ii) execution of the contract described
in paragraph (3)(E), which contract shall be
executed on or before December 31, 1998. In the
event that the contract is not executed by
December 31, 1998, the transfer described in
this subsection shall occur on December 31,
1998 (so long as condition (i) of this
subparagraph has been satisfied), based on
application of the contract terms described in
paragraph (3)(E), which terms shall be
enforceable under this Act. Upon the approval
of the Secretary, the Tribe may contract with
third parties to operate the Black River
facilities.
``(C) Power lines currently operated by Phelps
Dodge on the Tribe's Reservation, and the right-of-way
associated with such power lines, shall be surrendered
by Phelps Dodge to the Tribe, without cost to the
Tribe. Prior to the surrender of the power lines, the
Bureau of Reclamation shall arrange for an inspection
of the power lines and associated facilities by a
qualified third party and shall obtain a certification
that such power lines and facilities are of sound
design and are in good working order. Phelps Dodge
shall pay for the cost of such inspection and
certification. Concurrently with the surrender of the
power lines and the right-of-way, Phelps Dodge shall
construct a switch station at the boundary of the
Reservation at which the Tribe may switch power on or
off and shall deliver ownership and control of such
switch station to the Tribe. Subsequent to the transfer
of the power lines and the right-of-way and the
delivery of ownership and control of the switch station
to the Tribe, Phelps Dodge shall have no further
obligation or liability of any nature with respect to
the ownership, operation, or maintenance of the power
lines, the right-of-way, or the switch station.
``(D) The Tribe and the United States will enter
into an exchange agreement with the Salt River Project
which will deliver CAP water controlled by the Tribe to
the Salt River Project in return for the diversion of
water from the Black River into the Black River
facilities. The exchange agreement shall be subject to
review and approval by Phelps Dodge, which approval
shall not be unreasonably withheld. Notwithstanding any
other provision of law, the contract referred to in
this subparagraph is ratified and confirmed.
``(E) The Tribe, the United States, and Phelps
Dodge will execute a contract covering the lease and
delivery of CAP water from the Tribe to Phelps Dodge on
the following terms:
``(i) The Tribe will lease to Phelps Dodge
14,000 acre feet of CAP water per year as of
the date on which the interim period referred
to in paragraph (2) expires. The lease shall be
subject to the terms and conditions identified
in the Tribal CAP Delivery Contract referenced
in section 3706(b). The leased CAP water shall
be delivered to Phelps Dodge from the Black
River pursuant to the exchange referred to in
subparagraph (D) above, based on diversions
from the Black River that shall not exceed an
annual average of 40 acre feet per day and
shall not cause the flow of Black River to fall
below 20 cubic feet per second. Such CAP water
shall be delivered to Phelps Dodge at that
location where the channel of Eagle Creek last
exits the Reservation, to be utilized in the
Morenci mine complex and the towns of Clifton
and Morenci, and at no other location.
``(ii) The leased CAP water shall be junior
to the diversion and use of up to 7,300 acre
feet per year from the Black and Salt Rivers by
the San Carlos Apache Tribe.
``(iii) The lease will be for a term of 50
years or, if earlier, the date upon which
mining activities at the Morenci mine complex
cease, with a right to renew for an additional
50 years upon a finding by the Secretary that
the water is needed for continued mining
activities at the Morenci mine complex. The
lease shall have the following financial terms:
``(I) The Tribe will lease CAP
water at a cost of $1,200 per acre
foot. Phelps Dodge shall pay to the
United States, on behalf of the Tribe,
the sum of $5,000,000 upon the earlier
of the execution of the agreement, or
upon the expiration of the interim
period referred to in paragraph (2)
hereof, which amount shall be a
prepayment for and applicable to the
first 4,166 acre feet of CAP water to
be delivered in each year during the
term of the lease.
``(II) Phelps Dodge shall pay the
United States, on behalf of the Tribe,
the sum of $65 per acre foot per year,
with an annual CPI adjustment for the
remaining 9,834 acre feet of water to
be delivered pursuant to the lease each
year. Such payments shall be made in
advance on January 1 of each year, with
a reconciliation made at year-end, if
necessary, in the event that less than
14,000 acre feet of CAP water is
diverted from the Black River due to
shortages in the CAP system or on the
Black River.
``(III) Phelps Dodge shall pay in
advance each month the Tribe's
reasonable costs associated with the
Tribe's operation, maintenance, and
replacement of the Black River
facilities for purposes of delivering
water to Phelps Dodge pursuant to the
lease, which costs shall be based upon
the experience of the Bureau of
Reclamation in operating the Black
River facilities during the interim
period referred to in paragraph (2),
subject to an annual CPI adjustment,
and providing for a credit for power
provided by Phelps Dodge to the Tribe.
In addition, Phelps Dodge shall pay a
monthly fee of $30,000 to the United
States, on behalf of the Tribe, to
account for the use of the Tribe's
distribution system.
``(IV) Phelps Dodge shall pay the
United States operation, maintenance,
and replacement charges associated with
the leased CAP water and such
reasonable interconnection charges as
may be imposed by Salt River Project in
connection with the exchange referred
to in subparagraph (D) above.
``(iv) Notwithstanding the provisions of
section 3707(b), any moneys, except Black River
facilities OM&R, CAP OM&R and any charges
associated with an exchange agreement with Salt
River Project, paid to the United States on
behalf of the Tribe from the lease referred to
under paragraph (3)(D)(iii) shall be held in
trust by the United States for the benefit of
the Tribe. There is hereby established in the
Treasury of the United States a fund to be
known as the `San Carlos Apache Tribe Lease
Fund' for such purpose. Interest accruing to
the Fund may be used by the Tribe for economic
and community development purposes upon
presentation to the Secretary of a certified
copy of a duly enacted resolution of the Tribal
Council requesting distribution and a written
budget approved by the Tribal Council. Such
income may thereafter be expended only in
accordance with such budget. Income not
distributed shall be added to principal. The
United States shall not be liable for any claim
or causes of action arising from the Tribe's
use or expenditure of moneys distributed from
the Fund.
``(v) The lease is not assignable to any
third party, except with the consent of the
Tribe and Phelps Dodge, and with the approval
of the Secretary.
``(vi) Notwithstanding subsection (b)
hereof, section 3706 shall be fully effective
immediately with respect to the CAP water lease
provided for in this subparagraph and the
Secretary shall take all actions authorized by
section 3706 necessary for purposes of
implementing this subparagraph. Notwithstanding
any other provision of law, the contract
referred to in this subparagraph is ratified
and confirmed and shall be enforceable in
United States district court. In the event that
no lease authorized by this subparagraph is
executed, this subparagraph, notwithstanding
any other provision of law, shall be
enforceable as a lease among the Tribe, the
United States, and Phelps Dodge in the United
States district court, and the Secretary shall
take all action authorized by section 3706 for
purposes of implementing this subparagraph in
such an event.
``(F) Any questions regarding the water claims
associated with Phelps Dodge's use of the Eagle Creek
Wellfield, its diversions of surface water from lower
Eagle Creek, the San Francisco River, Chase Creek, and/
or its use of other water supplies are not addressed by
this title. No provision in this subsection shall
affect or be construed to affect any claims by the
Tribe, the United States, or Phelps Dodge to
groundwater or surface water.
``(4) Eagle creek.--From the effective date of this
subsection, and during the Interim Period, the Tribe shall not,
in any way, impede, restrict, or sue the United States
regarding the passage of water from the Black River facilities
into those portions of the channels of Willow Creek and Eagle
Creek which flow through the Reservation. Phelps Dodge agrees
to limit pumping from the Upper Eagle Creek Wellfield so that
the combination of water from the Black River facilities and
water pumped from the Upper Eagle Creek Wellfield does not
exceed 22,000 acre feet per year of delivered water at the
Phelps Dodge Lower Eagle Creek Pump Station below the
Reservation. In calculating the pumping rates allowed under
this subparagraph, transmission losses from Black River and the
Upper Eagle Creek Wellfield shall be estimated, but in no event
shall such transmission losses be more than 10 percent of the
Black River or Upper Eagle Creek Wellfield water. Based on this
agreement, the Tribe shall not, in any way, impede, restrict,
or sue Phelps Dodge regarding the passage of water from the
Phelps Dodge Upper Eagle Creek Wellfield, except that--
``(A) Phelps Dodge shall pay to the United States,
on behalf of the Tribe, $5,000 per month, with an
annual CPI adjustment from July 23, 1997, to account
for the passage of such flows; and
``(B) the Tribe and the United States reserve the
right to challenge Phelps Dodge's claims regarding the
pumping of groundwater from the Upper Eagle Creek
Wellfield, in accordance with paragraphs (2)(E) and
(3)(F) above. In the event that a court determines that
Phelps Dodge does not have the right to pump the Upper
Eagle Creek Wellfield, the Tribe will no longer be
subject to the restriction set forth in this
subparagraph regarding the passage of water from the
Wellfield through the Reservation. Nothing in this
subsection shall affect the rights, if any, that Phelps
Dodge might claim regarding the flow of water in the
channel of Eagle Creek in the absence of this
subsection.
``(5) Past claims.--The Act does not address claims
relating to Phelps Dodge's prior occupancy and operation of the
Black River facilities. The Tribe agrees not to bring any such
claims against the United States. The Tribe also agrees that
within 30 days after Phelps Dodge has vacated the Reservation,
it shall dismiss with prejudice the suit that it has filed in
Tribal Court against Phelps Dodge (The San Carlos Apache Tribe
v. Phelps Dodge, et al., Case No. C-97-118), which such
dismissal shall not be considered a decision on the merits, and
any claims that it might assert against Phelps Dodge in
connection with Phelps Dodge's prior occupancy and operation of
the Black River facilities shall be brought exclusively in the
United States district court.
``(6) Relationship to settlement.--
``(A) The term `Agreement', as defined by section
3703(2), shall not include Phelps Dodge.
``(B) Section 3706(j) and section 3705(f) shall be
repealed and shall have no effect.
``(7) Ratification of settlement.--The agreement between
the San Carlos Apache Tribe, the Phelps Dodge Corporation, and
the Secretary of the Interior, as set forth in this subsection,
is hereby ratified and approved.''.
(g) Technical Amendment.--Section 3702(a)(3) is amended by striking
``qualification'' and inserting ``quantification''.

1586e3743295a3f32822d9f0d7703746af9b131ccc256693a2d1335f3582abfe

Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended as follows:
(1) In subparagraph (A), by striking ``, including polar
bears taken but not imported prior to the date of enactment of
the Marine Mammal Protection Act Amendments of 1994,''.
(2) By adding the following new subparagraph at the end
thereof:
``(D) The Secretary of the Interior shall, expeditiously after the
expiration of the applicable 30 day period under subsection (d)(2),
issue a permit for the importation of polar bear parts (other than
internal organs) from polar bears taken in sport hunts in Canada before
the date of enactment of the Marine Mammal Protection Act Amendments of
1994, to each applicant who submits, with the permit application, proof
that the polar bear was legally harvested in Canada by the applicant.
The Secretary shall issue such permits without regard to the provisions
of subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3)
of this section, and sections 101 and 102. This subparagraph shall not
apply to polar bear parts that were imported before the effective date
of this subparagraph.''.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health education assistance loans program
Public Law 104-208, under the heading ``Health Education Assistance
Loans Program'' is amended by inserting after ``$140,000,000'' the
following: ``: Provided further, That the Secretary may use up to
$499,000 derived by transfer from insurance premiums collected from
guaranteed loans made under title VII of the Public Health Service Act
for the purpose of carrying out section 709 of that Act''.
Administration for Children and Families
children and families services programs
Public Law 104-208, under the heading titled ``Children and
Families Services Programs'' is amended by inserting after the
reference to ``part B(1) of title IV'' the following: ``and section
1110''.
Office of the Secretary
public health and social services emergency fund
For expenses necessary to support high priority health research,
$15,000,000, to remain available until expended: Provided, That the
Secretary shall award such funds on a competitive basis.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For additional amounts to carry out subpart 2 of part A of title I
of the Elementary and Secondary Education Act of 1965, $101,133,000, of
which $78,362,000 shall be for Basic Grants and $22,771,000 shall be
for Concentration Grants, which shall be allocated, notwithstanding any
other provision of law, only to those States, and counties within those
States, that will receive, from funds available under the Department of
Education Appropriations Act, 1997, smaller allocations for Grants to
Local Educational Agencies than they would have received had those
allocations been calculated entirely on the basis of child poverty
counts from the 1990 census: Provided, That the Secretary of Education
shall use these additional funds to provide those States with 50
percent of the difference between the allocations they would have
received had the allocations under that Appropriations Act been
calculated entirely on the basis of the 1990 census data and the
allocations under the 1997 Appropriations Act: Provided further, That
if any State's total allocation under that Appropriations Act and this
paragraph is less than its 1996 allocation for that subpart, that State
shall receive, under this paragraph, the amount the State would have
received had that allocation been calculated entirely on the basis of
child poverty counts from the 1990 census: Provided further, That the
Secretary shall ratably reduce the allocations to States under the
preceding proviso for either Basic Grants or Concentration Grants, or
both, as the case may be, if the funds available are insufficient to
make those allocations in full: Provided further, That the Secretary
shall allocate, to such counties in each such State, additional amounts
for Basic Grants and Concentration Grants that are in the same
proportion, respectively, to the total amounts allocated to the State,
as the differences between such counties' initial allocations for Basic
Grants and Concentration Grants, respectively (compared to what they
would have received had the initial allocations been calculated
entirely on the basis of 1990 census data), are to the differences
between the State's initial allocations for Basic Grants and
Concentration Grants, respectively (compared to the amounts the State
would have received had the initial allocations been calculated
entirely on the basis of 1990 census data): Provided further, That the
funds appropriated under this paragraph shall become available on July
1, 1997 and shall remain available through September 30, 1998: Provided
further, That the additional amounts appropriated under this paragraph
shall not be taken into account in determining State allocations under
any other program administered by the Secretary.
RELATED AGENCY
National Commission on the Cost of Higher Education
salaries and expenses
For necessary expenses for the National Commission on the Cost of
Higher Education, $650,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 6

aa6ccb3a7719e4c621885f17046615b20ae62314ccbe4f3494891ea45b2167cf

1995 funds awarded under State-administered programs of the Department
of Education and funds awarded for fiscal year 1996 for State-
administered programs under the Rehabilitation Act of the Department of
Education to recipients in Presidentially declared disaster areas,
which were declared as such during fiscal year 1997, are available to
those recipients for obligation until September 30, 1998: Provided,
That for the purposes of assisting those recipients, the Secretary's
waiver authority under section 14401 of the Elementary and Secondary
Education Act of 1965 shall be extended to all State-administered
programs of the Department of Education. This special waiver authority
applies only to funds awarded for fiscal years 1995, 1996, and 1997.

9ba0a7b281a14bde33d8d181b7f42bef31de775fb9de6ff515575388e3590d6c

Secretary of Education may waive or modify any statutory or regulatory
provision applicable to the student financial aid programs under title
IV of the Higher Education Act that the Secretary deems necessary to
assist individuals and other program participants who suffered
financial harm from natural disasters and who, at the time the disaster
struck were operating, residing at, or attending an institution of
higher education, or employed within these areas on the date which the
President declared the existence of a major disaster (or, in the case
of an individual who is a dependent student, whose parent or stepparent
suffered financial harm from such disaster, and who resided, or was
employed in such an area at that time): Provided further, That such
authority shall be in effect only for awards for award years 1996-1997
and 1997-1998.

daf11b69d8f5ac1e3557a066971f724d562a938a67848143a9031b81dea3307a

Act making appropriations for fiscal year 1997 may be used to
administer or implement in Denver, Colorado, the Medicare Competitive
Pricing/Open Enrollment Demonstration, as titled in the April 1, 1997,
Final Request for Proposals (RFP).

e384c4f2b972b8da6711dbd0587b90b2297aede910795b7948fd830551a469c1

(a) In General.--Notwithstanding any other provision of law, during
the period beginning on April 30, 1997, and ending on July 30, 1997,
the Governors of the States described in paragraph (1) of subsection
(b) may, subject to subsection (c), use amounts received for the
provision of child care assistance or services under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) to provide
emergency child care services to individuals described in paragraph (2)
of subsection (b).
(b) Eligibility.--
(1) Of states.--A State described in this paragraph is a
State in which the President, pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121), has determined that a major disaster exists,
or that an area within the State is determined to be eligible
for disaster relief under other Federal law by reason of damage
related to flooding in 1997.
(2) Of individuals.--An individual described in this
subsection is an individual who--
(A) resides within any area in which the President,
pursuant to section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121), has determined that a major disaster exists, or
within an area determined to be eligible for disaster
relief under other Federal law by reason of damage
related to flooding in 1997; and
(B) is involved in unpaid work activities
(including the cleaning, repair, restoration, and
rebuilding of homes, businesses, and schools) resulting
from the flood emergency described in subparagraph (A).
(c) Limitations.--
(1) Requirements.--With respect to assistance provided to
individuals under this section, the quality, certification and
licensure, health and safety, nondiscrimination, and other
requirements applicable under the Federal programs referred to
in subsection (a) shall apply to child care provided or
obtained under this section.
(2) Amount of funds.--The total amount utilized by each of
the States under subsection (a) during the period referred to
in such subsection shall not exceed the total amount of such
assistance that, notwithstanding the enactment of this section,
would otherwise have been expended by each such State in the
affected region during such period.
(d) Priority.--In making assistance available under this section,
the Governors described in subsection (a) shall give priority to
eligible individuals who do not have access to income, assets, or
resources as a direct result of the flooding referred to in subsection
(b)(2)(A).
extension of ssi redetermination provisions

f981036876855afb23141daa121fa9dd7cb31187ba0858eca0b6881fe0fb6c14

Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1612(a)(2)(D)(i)) is amended--
(1) in subclause (I), by striking ``the date which is 1
year after such date of enactment,'' and inserting ``September
30, 1997,''; and
(2) in subclause (III), by striking ``the date of the
redetermination with respect to such individual'' and inserting
``September 30, 1997,''.
(b) The amendment made by subsection (a) shall be effective as if
included in the enactment of section 402 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996.
CHAPTER 7
CONGRESSIONAL OPERATIONS
SENATE
Contingent Expenses of the Senate
secretary of the senate
(transfer of funds)
For an additional amount for expenses of the ``Office of the
Secretary of the Senate'', to carry out the provisions of section 8 of
the Legislative Branch Appropriations Act, 1997, $5,000,000, to remain
available until September 30, 2000, to be derived by transfer from
funds previously appropriated from fiscal year 1997 funds under the
heading ``SENATE'', subject to the approval of the Committee on
Appropriations.
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to Marissa, Sonya, and Frank (III) Tejeda, children of
Frank Tejeda, late a Representative from the State of Texas, $133,600.
OTHER AGENCY
Botanic Garden
salaries and expenses
For an additional amount for ``Salaries and Expenses, Botanic
Garden'', $33,500,000, to remain available until expended, for
emergency repair and renovation of the Conservatory.
GENERAL PROVISIONS, CHAPTER 7

a11c55a9843a052ffcafa3671cba20535c8a08e549ad25709c4a9700868c9f67

Act, 1968 (2 U.S.C. 61-1(f)) is amended by adding at the end the
following: ``The limitation on the minimum rate of gross compensation
under this subsection shall not apply to any member or civilian
employee of the Capitol Police whose compensation is disbursed by the
Secretary of the Senate.''.

d15ec29f74baf9806a48307bbd237cf80802d5efa54cc6e71588f91b50379d49

regulation, with the approval of the Committee on Rules and
Administration of the Senate, the Sergeant at Arms and Doorkeeper of
the Senate is authorized to provide additional facilities, services,
equipment, and office space for use by a Senator in that Senator's
State in connection with a disaster or emergency declared by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act. Expenses incurred by the Sergeant at Arms and
Doorkeeper of the Senate under this section shall be paid from the
appropriation account, within the contingent fund of the Senate, for
expenses of the Office of the Sergeant at Arms and Doorkeeper of the
Senate, upon vouchers signed by the Sergeant at Arms and Doorkeeper of
the Senate with the approval of the Committee on Rules and
Administration of the Senate.
(b) This section is effective on and after the date of enactment of
this Act.

b9426b5225eabb0703147fe8effdf347b21fe4c4906f8826b9df046f6d220a87

amended by adding at the end the following:
``(c) Upon the written request of the Secretary of the Senate, with
the approval of the Committee on Appropriations of the Senate, there
shall be transferred any amount of funds available under subsection (a)
specified in the request, but not to exceed $10,000 in any fiscal year,
from the appropriation account (within the contingent fund of the
Senate) for expenses of the Office of the Secretary of the Senate to
the appropriation account for the expense allowance of the Secretary of
the Senate. Any funds so transferred shall be available in like manner
and for the same purposes as are other funds in the account to which
the funds are transferred.''.
(b) The amendment made by subsection (a) shall be effective with
respect to appropriations for fiscal years beginning on or after
October 1, 1996.

15cef718e7e1d611b58fb56263c2b975e82a756b80266b5331355e2e8cdf277b

hereafter, to enter into contracts for the acquisition of severable
services for a period that begins in one fiscal year and ends in the
next fiscal year and to enter in multiyear contracts for the
acquisition of property and nonaudit-related services, to the same
extent as executive agencies under the authority of sections 303L and
304B, respectively, of the Federal Property and Administrative Services
Act (41 U.S.C. 253l and 254c).
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'', $1,600,000,
for necessary expenses directly related to support activities in the
TWA Flight 800 crash investigation, to remain available until expended.
retired pay
For an additional amount for ``Retired Pay'', $9,200,000.
Federal Highway Administration
federal-aid highways
emergency relief program
(highway trust fund)
For an additional amount for the Emergency Relief Program for
emergency expenses resulting from flooding and other natural disasters,
as authorized by 23 U.S.C. 125, $650,000,000, to be derived from the
Highway Trust Fund and to remain available until expended: Provided,
That the entire amount is designated by the 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 23 U.S.C. 125(b)(1) shall not apply to projects resulting
from the December 1996 and January 1997 flooding in the western States.
federal-aid highways
(limitation on obligations)
(highway trust fund)
The limitation under this heading in Public Law 104-205 is
increased by $694,810,534: Provided, That such additional authority
shall remain available during fiscal year 1997: Provided further, That
notwithstanding any other provision of law, the authority provided
herein above shall be distributed to ensure that States receive an
amount they would have received had the Highway Trust Fund fiscal year
1994 income statement not been understated prior to the revision on
December 24, 1996: Provided further, That notwithstanding any other
provision of law, $318,077,043 of the amount provided herein above
shall be distributed to assure that States receive obligation authority
that they would have received had the Highway Trust Fund fiscal year
1995 income statement not been revised on December 24, 1996: Provided
further, That the remaining authority provided herein above shall be
distributed to those States whose share of Federal-aid obligation
limitation under section 310 of Public Law 104-205 is less than the
amount such States received under section 310(a) of Public Law 104-50
in fiscal year 1996 in a ratio equal to the amounts necessary to bring
each such State to the Federal-aid obligation limitation distributed
under section 310(a) of Public Law 104-50.
Federal Railroad Administration
emergency railroad rehabilitation and repair
For necessary expenses to repair and rebuild freight rail lines of
regional and short line railroads or a State entity damaged by floods,
$18,900,000, to be awarded subject to the discretion of the Secretary
on a case-by-case basis: Provided, That up to $900,000 shall be solely
for damage incurred in West Virginia in September 1996 and $18,000,000
shall be solely for damage incurred in the Northern Plains States in
March and April 1997: Provided further, That funds provided under this
head shall be available for rehabilitation of railroad rights-of-way,
bridges, and other facilities which are part of the general railroad
system of transportation, and primarily used by railroads to move
freight traffic: Provided further, That railroad rights-of-way,
bridges, and other facilities owned by class I railroads are not
eligible for funding under this head unless the rights-of-way, bridges
or other facilities are under contract lease to a class II or class III
railroad under which the lessee is responsible for all maintenance
costs of the line: Provided further, That railroad rights-of-way,
bridges and other facilities owned by passenger railroads, or by
tourist, scenic, or historic railroads are not eligible for funding
under this head: Provided further, That these funds shall be available
only to the extent an official budget request, for a specific dollar
amount, that includes designation of the entire amount 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 the
Congress: Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That all funds made
available under this head are to remain available until September 30,
1997.
RELATED AGENCY
National Transportation Safety Board
salaries and expenses
For an additional amount for ``Salaries and Expenses'', for
emergency expenses resulting from the crashes of TWA Flight 800,
ValuJet Flight 592, and Comair Flight 3272, and for assistance to
families of victims of aviation accidents as authorized by Public Law
104-264, $29,859,000, of which $4,877,000 shall remain available until
expended: Provided, That these funds shall be available only to the
extent an official budget request, for a specific dollar amount, that
includes designation of the entire amount 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 the Congress:
Provided further, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That notwithstanding any other provision of law, not
more than $10,330,000 shall be provided by the National Transportation
Safety Board to the Department of the Navy as reimbursement for costs
incurred in connection with recovery of wreckage from TWA Flight 800
and shall be credited to the appropriation contained in the Omnibus
Consolidated Appropriations Act, 1997, which is available for the same
purpose as the appropriation originally charged for the expense for
which the reimbursements are received, to be merged with, and to be
available for the same purpose as the appropriation to which such
reimbursements are credited: Provided further, That notwithstanding any
other provision of law, of the amount provided to the National
Transportation Safety Board, not more than $6,059,000 shall be made
available to the State of New York and local counties in New York, as
reimbursement for costs incurred in connection with the crash of TWA
Flight 800: Provided further, That notwithstanding any other provision
of law, of the amount provided, not more than $3,100,000 shall be made
available to Metropolitan Dade County, Florida as reimbursement for
costs incurred in connection with the crash of ValuJet Flight 592:
Provided further, That notwithstanding any other provision of law, of
the amount provided, not more than $300,000 shall be made available to
Monroe County, Michigan as reimbursement for costs incurred in
connection with the crash of Comair Flight 3272.
GENERAL PROVISIONS, CHAPTER 8

abebb1a42c4ba07c4d1c5aa7a1be0f285ec647ed57edb816a74329ebc431347b

Agencies Appropriations Act, 1997 (Public Law 104-205) is amended under
the heading ``Federal Transit Administration--Discretionary Grants'' by
striking ``$661,000,000'' and inserting ``$661,000''.

17cc3022e5114778e03a149edb1ca3492e74564b961dfae1b6e28f3defe2f2cb

Transportation and Related Agencies Appropriations Act, 1997 (Public
Law 104-205) is amended by deleting all text following: ``Provided,
That such funds shall not be subject to the obligation limitation for
Federal-aid highways and highway safety construction.''.

15a77234c0ad6bd9430762199b7439d439236917535f7ceda094d4a1217e7a90

amended by striking the period after ``1997'' and inserting ``, and an
additional $500,000 for fiscal year 1997.''.

201a465e99917f7b3f1c8712e78954ab78cd114b26db7e00c1ee49cf6cca2312

amended by striking ``and 1996'' and inserting ``, 1996, and 1997''.
CHAPTER 9
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For an additional amount under the heading ``Departmental Offices,
Salaries and Expenses'', $1,950,000: Provided, That the Secretary of
the Treasury may utilize the law enforcement services, personnel,
equipment, and facilities of the State of Colorado, the County of
Denver, and the City of Denver, with their consent, and shall reimburse
the State of Colorado, the County of Denver, and the City of Denver for
the utilization of such law enforcement services, personnel (for
salaries, overtime, and benefits), equipment, and facilities for
security arrangements for the Denver Summit of Eight being held June 20
through June 22, 1997, in Denver, Colorado subject to verification of
appropriate costs.
COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT
DEPARTMENT OF THE TREASURY
United States Customs Service
salaries and expenses
Of the funds made available under this heading in Public Law 104-
208, $16,000,000 shall be available until September 30, 1998 to develop
further the Automated Targeting System.
U.S. POSTAL SERVICE
Payment to the Postal Service Fund
For an additional amount for the Postal Service Fund for revenue
forgone on free and reduced rate mail, pursuant to subsection (d) of
section 2401 of title 39, United States Code, $5,383,000.
GENERAL PROVISIONS, CHAPTER 9

296dff2c947d2cae25df5dfb7f06032e840c74edc88cfddf6bbad1340a842f59

obligate the funds appropriated in Public Law 104-208 for construction
of the Montgomery, Alabama courthouse.

6ce6725b469a5da3e3e006804b6a3a3f91e4d691d53a38e73d8e3a40a38b74c8

Act or any other Act may be used by the General Services Administration
to implement section 1555 of the Federal Acquisition Streamlining Act
of 1994 (Public Law 103-355) prior to the date of adjournment of the
first session of the 105th Congress.

1dd35e660bb775537cd690fc935a76338c7e9d10d0d63a9ba575816e24341422

Department of the Treasury shall not award a contract for Solicitation
No. BEP-97-13(TN) or Solicitation No. BEP-96-13(TN) until the General
Accounting Office (GAO) has completed a comprehensive analysis of the
optimum circumstances for government procurement of distinctive
currency paper. The GAO shall report its findings to the House and
Senate Committees on Appropriations no later than August 1, 1998.
(b) The contractual term of the distinctive currency paper
``bridge'' contract shall not exceed 24 months, and the contract shall
not be effective until the Secretary of the Department of the Treasury
certifies that the price under the terms of any ``bridge'' contract is
fair and reasonable and that the terms of any ``bridge'' contract are
customary and appropriate according to Federal procurement regulations.
In addition, the Secretary of the Treasury shall report to the
Committees on Appropriations on the price and profit levels of any
``bridge'' contract at the time of certification.

1a43468e7ec593a148efe4ecedcbd9b5314dcde4123f68d22a5827192fa08f34

amended by adding after subchapter V the following:
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``Sec. 6391. Authority for leave transfer program in disasters and
emergencies
``(a) For the purpose of this section--
``(1) `employee' means an employee as defined in section
6331(1); and
``(2) `agency' means an Executive agency.
``(b) In the event of a major disaster or emergency, as declared by
the President, that results in severe adverse effects for a substantial
number of employees, the President may direct the Office of Personnel
Management to establish an emergency leave transfer program under which
any employee in any agency may donate unused annual leave for transfer
to employees of the same or other agencies who are adversely affected
by such disaster or emergency.
``(c) The Office shall establish appropriate requirements for the
operation of the emergency leave transfer program under subsection (b),
including appropriate limitations on the donation and use of annual
leave under the program. An employee may receive and use leave under
the program without regard to any requirement that any annual leave and
sick leave to a leave recipient's credit must be exhausted before any
transferred annual leave may be used.
``(d) A leave bank established under subchapter IV may, to the
extent provided in regulations prescribed by the Office, donate annual
leave to the emergency leave transfer program established under
subsection (b).
``(e) Except to the extent that the Office may prescribe by
regulation, nothing in section 7351 shall apply to any solicitation,
donation, or acceptance of leave under this section.
``(f) The Office shall prescribe regulations necessary for the
administration of this section.''.
(b) The analysis for chapter 63 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``6391. Authority for leave transfer program in disasters and
emergencies.''.
CHAPTER 10
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
For an additional amount for ``Compensation and pensions'',
$928,000,000, to remain available until expended.
Administrative Provision
The Secretary of Veterans Affairs may carry out the construction of
a multi-story parking garage at the Department of Veterans Affairs
medical center in Cleveland, Ohio, in the amount of $12,300,000, and
there is authorized to be appropriated for fiscal year 1997 for the
Parking Revolving Fund account, a total of $12,300,000 for this
project.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
Notwithstanding any other provision of law, of the $1,000,000
appropriated for special purpose grants in Public Law 102-139, for a
parking garage in Ashland, Kentucky, $500,000 shall be made available
instead for use in acquiring parking in Ashland, Kentucky and $500,000
shall be made available instead for the restoration of the Paramount
Theater in Ashland, Kentucky.
preserving existing housing investment
For an additional amount for ``Preserving existing housing
investment'', to be made available for use in conjunction with
properties that are eligible for assistance under the Low-Income
Housing Preservation and Resident Homeownership Act of 1990 or the
Emergency Low Income Housing Preservation Act of 1987, $3,500,000, to
remain available until expended: Provided, That up to such amount shall
be for a project in Syracuse, New York, the processing for which was
suspended, deferred or interrupted for a period of nine months or more
because of differing interpretations, by the Secretary of Housing and
Urban Development and an owner, concerning the timing of the ability of
an uninsured section 236 property to prepay, or by the Secretary and a
State rent regulatory agency concerning the effect of a presumptively
applicable State rent control law or regulation on the determination of
preservation value under section 213 of such Act, if the owner of such
project filed a notice of intent to extend the low-income affordability
restrictions of the housing on or before August 23, 1993, and the
Secretary approved the plan of action on or before July 25, 1996.
capacity building for community development and affordable housing
(transfer of funds)
For ``Capacity building for community development and affordable
housing'', as authorized by section 4 of the HUD Demonstration Act of
1993 (Public Law 103-120), $30,200,000, to remain available until
expended, and to be derived by transfer from the Homeownership and
Opportunity for People Everywhere Grants account: Provided, That at
least $10,000,000 of the funding under this head be used in rural
areas, including tribal areas.
Community Planning and Development
community development block grants fund
For an additional amount for ``Community development block grants
fund'', as authorized under title I of the Housing and Community
Development Act of 1974, $500,000,000, of which $250,000,000 shall
become available for obligation on October 1, 1997, all of which shall
remain available until September 30, 2000, for use only for buyouts,
relocation, long-term recovery, and mitigation in communities affected
by the flooding in the upper Midwest and other disasters in fiscal year
1997 and such natural disasters designated 30 days prior to the start
of fiscal year 1997, except those activities reimbursable or for which
funds are made available by the Federal Emergency Management Agency,
the Small Business Administration, or the Army Corps of Engineers:
Provided, That in administering these amounts, the Secretary may waive,
or specify alternative requirements for, any provision of any statute
or regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds,
except for statutory requirements related to civil rights, fair housing
and nondiscrimination, the environment, and labor standards, upon a
finding that such waiver is required to facilitate the use of such
funds, and would not be inconsistent with the overall purpose of the
statute: Provided further, That the Secretary of Housing and Urban
Development shall publish a notice in the Federal Register governing
the use of community development block grants funds in conjunction with
any program administered by the Director of the Federal Emergency
Management Agency for buyouts for structures in disaster areas:
Provided further, That for any funds under this head used for buyouts
in conjunction with any program administered by the Director of the
Federal Emergency Management Agency, each State or unit of general
local government requesting funds from the Secretary of Housing and
Urban Development for buyouts shall submit a plan to the Secretary
which must be approved by the Secretary as consistent with the
requirements of this program: Provided further, That the Secretary of
Housing and Urban Development and the Director of the Federal Emergency
Management Agency shall submit quarterly reports to the House and
Senate Committees on Appropriations on all disbursements and uses of
funds for or associated with buyouts: Provided further, That for
purposes of disasters eligible under this head the Secretary of Housing
and Urban Development may waive, on a case-by-case basis and upon such
other terms as the Secretary may specify, in whole or in part, the
requirements that activities benefit persons of low- and moderate-
income pursuant to section 122 of the Housing and Community Development
Act of 1974, and may waive, in whole or in part, the requirements that
housing qualify as affordable housing pursuant to section 290 of the
HOME Investment Partnerships Act: Provided further, That the entire
amount shall be available only to the extent an official budget
request, that includes designation of the entire amount of the request
as an emergency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the 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.
Management and Administration
salaries and expenses
Of the funds appropriated under this head in Public Law 104-204,
the Secretary of Housing and Urban Development shall enter into a
contract with the National Academy of Public Administration not to
exceed $1,000,000 no later than one month after enactment of this Act
for an evaluation of the Department of Housing and Urban Development's
management systems.
INDEPENDENT AGENCIES
Environmental Protection Agency
buildings and facilities
From the amounts appropriated under this heading in prior
appropriation Acts for the Center for Ecology Research and Training
(CERT), the Environmental Protection Agency (EPA) shall, after the
closing of the period for filing CERT-related claims pursuant to the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.), obligate the maximum amount of
funds necessary to settle all outstanding CERT-related claims against
the EPA pursuant to such Act. To the extent that unobligated balances
then remain from such amounts previously appropriated, the EPA is
authorized beginning in fiscal year 1997 to make grants to the City of
Bay City, Michigan, for the purpose of EPA-approved environmental
remediation and rehabilitation of publicly owned real property included
in the boundaries of the CERT project.
state and tribal assistance grants
The funds appropriated in Public Law 104-204 to the Environmental
Protection Agency under this heading for grants to States and federally
recognized tribes for multi-media or single media pollution prevention,
control, and abatement and related activities, $674,207,000, may also
be used for the direct implementation by the Federal Government of a
program required by law in the absence of an acceptable State or tribal
program.
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster relief'', $3,300,000,000,
to remain available until expended: Provided, That $2,300,000,000 shall
become available for obligation on September 30, 1997, but shall not
become available until the Director of the Federal Emergency Management
Agency submits to the Congress a legislative proposal to control
disaster relief expenditures including the elimination of funding for
certain revenue producing facilities: Provided further, That of the
funds made available under this heading, up to $20,000,000 may be
transferred to the Disaster Assistance Direct Loan Program for the cost
of direct loans as authorized under section 417 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): Provided further, That such transfer may be made to subsidize
gross obligations for the principal amount of direct loans not to
exceed $21,000,000 under section 417 of the Stafford Act: Provided
further, That any such transfer of funds shall be made only upon
certification by the Director of the Federal Emergency Management
Agency that all requirements of section 417 of the Stafford Act will be
complied with: Provided further, That the entire amount appropriated
herein shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Provided further,
That the entire amount appropriated herein is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 10

fc1d3606ec78f157b710a43dbb190129801aaab5f69cc8ed9535da7bb1d96b77

Committees on Appropriations a list of all contracts and task orders
issued under such contracts in excess of $250,000 which were entered
into during the prior 6-month period by the Secretary, the Government
National Mortgage Association, and the Office of Federal Housing
Enterprise Oversight (or by any officer of the Department of Housing
and Urban Development, the Government National Mortgage Association, or
the Office of Federal Housing Enterprise Oversight acting in his or her
capacity to represent the Secretary or these entities). Each listing
shall identify the parties to the contract, the term and amount of the
contract, and the subject matter and responsibilities of the parties to
the contract.

7d145cbb9d40208e3ece8cedd2f7ce2e94ee11c6d06e5f8adaa2ae727765721d

1937 is amended by striking out ``Not less than one year prior to
terminating any contract'' and inserting in lieu thereof: ``Not less
than 180 days prior to terminating any contract''.

94d5f901ed32bc08479c4069b236eb8201f95d36da7d67f19f04b35379f4e143

and Community Development Act of 1992 is amended by striking out ``on
not more than 12,000 units during fiscal year 1996'' and inserting in
lieu thereof: ``on not more than 12,000 units during fiscal year 1996
and not more than an additional 7,500 units during fiscal year 1997''.

b2bbe54b26857107dd158715e4778a080e24935b43dc7079b8ad9d31e2b03e7c

1993 is amended by inserting after ``National Community Development
Initiative'': ``, Local Initiatives Support Corporation, The Enterprise
Foundation, Habitat for Humanity, and Youthbuild USA''.

683ebaec6384fbcc88d91f0eb079b92455d05857cd28226a8fea36062e057056

by inserting after ``203(b)(2)'' the following: ``or pursuant to
section 203(h) under the conditions described in section 203(h)''.

8afd1719342c1b9a1c6dc90b267637a3cb2f93a02dea60856d6a3709ba81aba1

Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204) is amended by inserting
the following at the end: ``The term `owner', as used in this
subparagraph, in addition to it having the same meaning as in section
8(f) of the United States Housing Act of 1937, also means an affiliate
of the owner. The term `affiliate of the owner' means any person or
entity (including, but not limited to, a general partner or managing
member, or an officer of either) that controls an owner, is controlled
by an owner, or is under common control with the owner. The term
`control' means the direct or indirect power (under contract, equity
ownership, the right to vote or determine a vote, or otherwise) to
direct the financial, legal, beneficial, or other interests of the
owner.''.
CHAPTER 11
OFFSETS AND RESCISSIONS
DEPARTMENT OF AGRICULTURE
Office of the Secretary
fund for rural america
Of the funds provided on January 1, 1997 for section 793 of Public
Law 104-127, Fund for Rural America, not more than $80,000,000 shall be
available.
Food and Consumer Service
the emergency food assistance program
Notwithstanding section 27(a) of the Food Stamp Act, the amount
specified for allocation under such section for fiscal year 1997 shall
be $80,000,000.
Foreign Agricultural Service and General Sales Manager
export credit
None of the funds made available in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1997, Public Law 104-180, may be used to pay the
salaries and expenses of personnel to carry out a combined program for
export credit guarantees, supplier credit guarantees, and emerging
democracies facilities guarantees at a level which exceeds
$3,500,000,000.
export enhancement program
None of the funds appropriated or otherwise made available in
Public Law 104-180 shall be used to pay the salaries and expenses of
personnel to carry out an export enhancement program if the aggregate
amount of funds and/or commodities under such program exceeds
$10,000,000.
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading,
$6,400,000 are rescinded.
Legal Activities
assets forfeiture fund
(rescission)
Of the amounts made available to the Attorney General on October 1,
1996, from surplus balances declared in prior years pursuant to 28
U.S.C. 524(c), authority to obligate $3,000,000 of such funds in fiscal
year 1997 is rescinded.
Immigration and Naturalization Service
construction
(rescission)
Of the unobligated balances under this heading from amounts made
available in Public Law 103-317, $1,000,000 are rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
(rescission)
Of the unobligated balances available under this heading for the
Advanced Technology Program, $7,000,000 are rescinded.
RELATED AGENCIES
Federal Communications Commission
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$1,000,000 are rescinded.
Ounce of Prevention Council
(rescission)
Of the amounts made available under this heading in Public Law 104-
208, $1,000,000 are rescinded.
DEPARTMENT OF ENERGY
Energy Programs
energy supply, research and development activities
(rescission)
Of the funds made available under this heading in Public Law 104-
206 and prior years' Energy and Water Development Appropriations Acts,
$11,180,000 are rescinded.
Clean Coal Technology
(rescission)
Of the funds made available under this heading for obligation in
fiscal year 1997 or prior years, $17,000,000 are rescinded: Provided,
That funds made available in previous appropriations Acts shall be
available for any ongoing project regardless of the separate request
for proposal under which the project was selected.
Strategic Petroleum Reserve
(rescission)
Of the funds made available under this heading in previous
appropriations Acts, $11,000,000 are rescinded.
Power Marketing Administrations
construction, rehabilitation, operation and maintenance, western area
power administration
(rescission)
Of the funds made available under this heading in Public Law 104-
206 and prior years' Energy and Water Development Appropriations Acts,
$11,352,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
job opportunities and basic skills
(rescission)
Of the funds made available under this heading in Public Law 104-
208, there is rescinded an amount equal to the total of the funds
within each State's limitation for fiscal year 1997 that are not
necessary to pay such State's allowable claims for such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as in effect on
October 1, 1996) is amended by adding after the ``,'' the following:
``reduced by an amount equal to the total of those funds that are
within each State's limitation for fiscal year 1997 that are not
necessary to pay such State's allowable claims for such fiscal year
(except that such amount for such year shall be deemed to be
$1,000,000,000 for the purpose of determining the amount of the payment
under subsection (1) to which each State is entitled),''.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
grants-in-aid for airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the unobligated balances authorized under 49 U.S.C. 48103 as
amended, $750,000,000 are rescinded.
National Highway Traffic Safety Administration
highway traffic safety grants
(highway trust fund)
(rescission of contract authorization)
Of the available balances of contract authority under this heading,
$13,000,000 are rescinded.
Federal Transit Administration
trust fund share of expenses
(highway trust fund)
(rescission of contract authorization)
Of the available balances of contract authority under this heading,
$271,000,000 are rescinded.
discretionary grants
(highway trust fund)
(rescission of contract authorization)
Of the available balances of contract authority under this heading,
for fixed guideway modernization and bus activities under 49 U.S.C.
5309(m)(A) and (C), $588,000,000 are rescinded.
INDEPENDENT AGENCY
General Services Administration
expenses, presidential transition
(rescission)
Of the amounts made available under this heading in Public Law 104-
208, $5,600,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
(including rescission)
Of the amounts recaptured under this heading during fiscal year
1997 and prior years, $3,650,000,000 are rescinded: Provided, That the
Secretary of Housing and Urban Development shall recapture at least
$5,800,000,000 in amounts heretofore maintained as section 8 reserves
made available to housing agencies for tenant-based assistance under
the section 8 existing housing certificate and housing voucher
programs: Provided further, That all additional section 8 reserve funds
of an amount not less than $2,150,000,000 and any recaptures (other
than funds already designated for other uses) specified in section 214
of Public Law 104-204 shall be preserved under the head ``Section 8
Reserve Preservation Account'' for use in extending section 8 contracts
expiring in fiscal year 1998 and thereafter: Provided further, That the
Secretary may recapture less than $5,800,000,000 and reserve less than
$2,150,000,000 where the Secretary determines that insufficient section
8 funds are available for current fiscal year contract obligations:
Provided further, That the Comptroller General of the United States
shall conduct an audit of all accounts of the Department of Housing and
Urban Development to determine whether the Department's systems for
budgeting and accounting for section 8 rental assistance ensure that
unexpended funds do not reach unreasonable levels and that obligations
are spent in a timely manner.
INDEPENDENT AGENCY
National Aeronautics and Space Administration
national aeronautics facilities
(rescission)
Of the funds made available under this heading in Public Law 103-
327, $365,000,000 are rescinded.
funds appropriated to the president
unanticipated needs
(rescission)
Of the funds made available under this heading in Public Law 103-
211 to NASA for ``Space flight, control, and data communications'',
$4,200,000 are rescinded.
TITLE III
GENERAL PROVISIONS--THIS ACT

2ed61af45695bb409323a1e83753c863a95ec737dbef14f93ad700f189f48919

shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
buy-american requirements

ab06af6352cd76c01857ff0bce5ec6d225ac4d8af36ea0d16109289b8bd05fef

funds made available in this Act may be expended by an entity unless
the entity agrees that in expending the funds the entity will comply
with the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.

c864ab014a99cb40e5c552df26af1f220dd558e0dadeb3f4f3e45bbaa05fc6f5

with Federal agencies, as appropriate, to support the extension and
revision of Federal grants, contracts, and cooperative agreements at
universities affected by flooding in designated Federal disaster areas
where work on such grants, contracts, and cooperative agreements was
suspended as a result of the flood disaster.

4c851eead93f387caf223892e9c2c0458baa57524cd276b1f108f42c374f35bd

(a) Short Title.--This title may be cited as the ``Cost of Higher
Education Review Act of 1997''.
(b) Findings.--The Congress finds the following:
(1) According to a report issued by the General Accounting
Office, tuition at 4-year public colleges and universities
increased 234 percent from school year 1980-1981 through school
year 1994-1995, while median household income rose 82 percent
and the cost of consumer goods as measured by the Consumer
Price Index rose 74 percent over the same time period.
(2) A 1995 survey of college freshmen found that concern
about college affordability was the highest it has been in the
last 30 years.
(3) Paying for a college education now ranks as one of the
most costly investments for American families.

17181e44c9a8e873de9d1b9c24a4777f931e5bfe68d6bc5f44e761e37aaf7418

TITLE IV

-COST OF HIGHER EDUCATION REVIEW

EDUCATION.
There is established a Commission to be known as the ``National
Commission on the Cost of Higher Education'' (hereafter in this title
referred to as the ``Commission'').

de3ba6244abf060bd833a874fe84aa22638dcfcedc6ed54b354be8b63fa7ba13

(a) Appointment.--The Commission shall be composed of 11 members as
follows:
(1) Three individuals shall be appointed by the Speaker of
the House.
(2) Two individuals shall be appointed by the Minority
Leader of the House.
(3) Three individuals shall be appointed by the Majority
Leader of the Senate.
(4) Two individuals shall be appointed by the Minority
Leader of the Senate.
(5) One individual shall be appointed by the Secretary of
Education.
(b) Additional Qualifications.--Each of the individuals appointed
under subsection (a) shall be an individual with expertise and
experience in higher education finance (including the financing of
State institutions of higher education), Federal financial aid
programs, education economics research, public or private higher
education administration, or business executives who have managed
successful cost reduction programs.
(c) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a Chairperson and a Vice Chairperson. In the
absence of the Chairperson, the Vice Chairperson will assume the duties
of the Chairperson.
(d) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(e) Appointments.--All appointments under subsection (a) shall be
made within 30 days after the date of enactment of this Act. In the
event that an officer authorized to make an appointment under
subsection (a) has not made such appointment within such 30 days, the
appointment may be made for such officer as follows:
(1) the Chairman of the Committee on Education and the
Workforce may act under such subsection for the Speaker of the
House of Representatives;
(2) the Ranking Minority Member of the Committee on
Education and the Workforce may act under such subsection for
the Minority Leader of the House of Representatives;
(3) the Chairman of the Committee on Labor and Human
Resources may act under such subsection for the Majority Leader
of the Senate; and
(4) the Ranking Minority Member of the Committee on Labor
and Human Resources may act under such subsection for the
Minority Leader of the Senate.
(f) Voting.--Each member of the Commission shall be entitled to one
vote, which shall be equal to the vote of every other member of the
Commission.
(g) Vacancies.--Any vacancy on the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(h) Prohibition of Additional Pay.--Members of the Commission shall
receive no additional pay, allowances, or benefits by reason of their
service on the Commission. Members appointed from among private
citizens of the United States may be allowed travel expenses, including
per diem, in lieu of subsistence, as authorized by law for persons
serving intermittently in the government service to the extent funds
are available for such expenses.
(i) Initial Meeting.--The initial meeting of the Commission shall
occur within 40 days after the date of enactment of this Act.

def56f04b028c60d57e1336ceab777a22475644986a50ff53204337d6b21daa0

(a) Specific Findings and Recommendations.--The Commission shall
study and make findings and specific recommendations regarding the
following:
(1) The increase in tuition compared with other commodities
and services.
(2) Innovative methods of reducing or stabilizing tuition.
(3) Trends in college and university administrative costs,
including administrative staffing, ratio of administrative
staff to instructors, ratio of administrative staff to
students, remuneration of administrative staff, and
remuneration of college and university presidents or
chancellors.
(4) Trends in (A) faculty workload and remuneration
(including the use of adjunct faculty), (B) faculty-to-student
ratios, (C) number of hours spent in the classroom by faculty,
and (D) tenure practices, and the impact of such trends on
tuition.
(5) Trends in (A) the construction and renovation of
academic and other collegiate facilities, and (B) the
modernization of facilities to access and utilize new
technologies, and the impact of such trends on tuition.
(6) The extent to which increases in institutional
financial aid and tuition discounting have affected tuition
increases, including the demographics of students receiving
such aid, the extent to which such aid is provided to students
with limited need in order to attract such students to
particular institutions or major fields of study, and the
extent to which Federal financial aid, including loan aid, has
been used to offset such increases.
(7) The extent to which Federal, State, and local laws,
regulations, or other mandates contribute to increasing
tuition, and recommendations on reducing those mandates.
(8) The establishment of a mechanism for a more timely and
widespread distribution of data on tuition trends and other
costs of operating colleges and universities.
(9) The extent to which student financial aid programs have
contributed to changes in tuition.
(10) Trends in State fiscal policies that have affected
college costs.
(11) The adequacy of existing Federal and State financial
aid programs in meeting the costs of attending colleges and
universities.
(12) Other related topics determined to be appropriate by
the Commission.
(b) Final Report.--
(1) In general.--Subject to paragraph (2), the Commission
shall submit to the President and to the Congress, not later
than 120 days after the date of the first meeting of the
Commission, a report which shall contain a detailed statement
of the findings and conclusions of the Commission, including
the Commission's recommendations for administrative and
legislative action that the Commission considers advisable.
(2) Majority vote required for recommendations.--Any
recommendation described in paragraph (1) shall be made by the
Commission to the President and to the Congress only if such
recommendation is adopted by a majority vote of the members of
the Commission who are present and voting.
(3) Evaluation of different circumstances.--In making any
findings under subsection (a) of this section, the Commission
shall take into account differences between public and private
colleges and universities, the length of the academic program,
the size of the institution's student population, and the
availability of the institution's resources, including the size
of the institution's endowment.

7410b69c0d523ac68afe7d9555dd4643c57add5f1f48223e84b7c94a9d923941

(a) Hearings.--The Commission may, for the purpose of carrying out
this title, hold such hearings and sit and act at such times and
places, as the Commission may find advisable.
(b) Rules and Regulations.--The Commission may adopt such rules and
regulations as may be necessary to establish the Commission's
procedures and to govern the manner of the Commission's operations,
organization, and personnel.
(c) Assistance From Federal Agencies.--
(1) Information.--The Commission may request from the head
of any Federal agency or instrumentality such information as
the Commission may require for the purpose of this title. Each
such agency or instrumentality shall, to the extent permitted
by law and subject to the exceptions set forth in section 552
of title 5, United States Code (commonly referred to as the
Freedom of Information Act), furnish such information to the
Commission, upon request made by the Chairperson of the
Commission.
(2) Facilities and services, personnel detail authorized.--
Upon request of the Chairperson of the Commission, the head of
any Federal agency or instrumentality shall, to the extent
possible and subject to the discretion of such head--
(A) make any of the facilities and services of such
agency or instrumentality available to the Commission;
and
(B) detail any of the personnel of such agency or
instrumentality to the Commission, on a nonreimbursable
basis, to assist the Commission in carrying out the
Commission's duties under this title.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Contracting.--The Commission, to such extent and in such
amounts as are provided in appropriation Acts, may enter into contracts
with State agencies, private firms, institutions, and individuals for
the purpose of conducting research or surveys necessary to enable the
Commission to discharge the Commission's duties under this title.
(f) Staff.--Subject to such rules and regulations as may be adopted
by the Commission, and to such extent and in such amounts as are
provided in appropriation Acts, the Chairperson of the Commission shall
have the power to appoint, terminate, and fix the compensation (without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title, or of any other provision, or of any other provision of law,
relating to the number, classification, and General Schedule rates) of
an Executive Director, and of such additional staff as the Chairperson
deems advisable to assist the Commission, at rates not to exceed a rate
equal to the maximum rate for level IV of the Executive Schedule under
section 5332 of such title.

fd1265716f34b0f5cbda92b7bc996c358a5922c7fa150c4eb05b7b7abbfdcb95

There is authorized to be appropriated for fiscal year 1997 for
carrying out this title, $650,000, to remain available until expended,
or until one year after the termination of the Commission pursuant to
section 40007, whichever occurs first.

8e1d01996aaa87fd247a8f3671afaa76b66b2c46ab43524898de387f77f1449d

The Commission shall cease to exist on the date that is 60 days
after the date on which the Commission is required to submit its final
report in accordance with section 40004(b).

9fead4eb8e8a16a5b59cbf5b7b5c940eb236c770ae1f58f35e51b5bece70a605

This title may be cited as the ``Depository Institutions Disaster
Relief Act of 1997''.

0867f3639820d4561cd15ce793a0a2dd6f7dd3b21fe99898fe7b8a42c72894b8

TITLE V

-DEPOSITORY INSTITUTION DISASTER RELIEF

(a) Truth in Lending Act.--During the 240-day period beginning on
the date of enactment of this Act, the Board of Governors of the
Federal Reserve System may make exceptions to the Truth in Lending Act
for transactions within an area in which the President, pursuant to
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, has determined, on or after February 28, 1997, that a
major disaster exists, or within an area determined to be eligible for
disaster relief under other Federal law by reason of damage related to
the 1997 flooding of the Red River of the North, the Minnesota River,
and the tributaries of such rivers, if the Board determines that the
exception can reasonably be expected to alleviate hardships to the
public resulting from such disaster that outweigh possible adverse
effects.
(b) Expedited Funds Availability Act.--During the 240-day period
beginning on the date of enactment of this Act, the Board of Governors
of the Federal Reserve System may make exceptions to the Expedited
Funds Availability Act for depository institution offices located
within any area referred to in subsection (a) of this section if the
Board determines that the exception can reasonably be expected to
alleviate hardships to the public resulting from such disaster that
outweigh possible adverse effects.
(c) Time Limit on Exceptions.--Any exception made under this
section shall expire not later than September 1, 1998.
(d) Publication Required.--The Board of Governors of the Federal
Reserve System shall publish in the Federal Register a statement that--
(1) describes any exception made under this section; and
(2) explains how the exception can reasonably be expected
to produce benefits to the public that outweigh possible
adverse effects.

18622ee22e34b0bca69370f6458f70107d6947ddd789c804245b15007d4730a1

(a) In General.--The appropriate Federal banking agency may, by
order, permit an insured depository institution to subtract from the
institution's total assets, in calculating compliance with the leverage
limit prescribed under section 38 of the Federal Deposit Insurance Act,
an amount not exceeding the qualifying amount attributable to insurance
proceeds, if the agency determines that--
(1) the institution--
(A) had its principal place of business within an
area in which the President, pursuant to section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, has determined, on or after February
28, 1997, that a major disaster exists, or within an
area determined to be eligible for disaster relief
under other Federal law by reason of damage related to
the 1997 flooding of the Red River of the North, the
Minnesota River, and the tributaries of such rivers, on
the day before the date of any such determination;
(B) derives more than 60 percent of its total
deposits from persons who normally reside within, or
whose principal place of business is normally within,
areas of intense devastation caused by the major
disaster;
(C) was adequately capitalized (as defined in
section 38 of the Federal Deposit Insurance Act) before
the major disaster; and
(D) has an acceptable plan for managing the
increase in its total assets and total deposits; and
(2) the subtraction is consistent with the purpose of
section 38 of the Federal Deposit Insurance Act.
(b) Time Limit on Exceptions.--Any exception made under this
section shall expire not later than February 28, 1999.
(c) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning as
in section 3 of the Federal Deposit Insurance Act.
(2) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act.
(3) Leverage limit.--The term ``leverage limit'' has the
same meaning as in section 38 of the Federal Deposit Insurance
Act.
(4) Qualifying amount attributable to insurance proceeds.--
The term ``qualifying amount attributable to insurance
proceeds'' means the amount (if any) by which the institution's
total assets exceed the institution's average total assets
during the calendar quarter ending before the date of any
determination referred to in subsection (a)(1)(A), because of
the deposit of insurance payments or governmental assistance
made with respect to damage caused by, or other costs resulting
from, the major disaster.

eec559e500ed8c465e3490c358bedf8943a2fb0f909e2ffa9d5a209b43226f4c

(a) In General.--A qualifying regulatory agency may take any of the
following actions with respect to depository institutions or other
regulated entities whose principal place of business is within, or with
respect to transactions or activities within, an area in which the
President, pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, has determined, on or after
February 28, 1997, that a major disaster exists, or within an area
determined to be eligible for disaster relief under other Federal law
by reason of damage related to the 1997 flooding of the Red River of
the North, the Minnesota River, and the tributaries of such rivers, if
the agency determines that the action would facilitate recovery from
the major disaster:
(1) Procedure.--Exercising the agency's authority under
provisions of law other than this section without complying
with--
(A) any requirement of section 553 of title 5,
United States Code; or
(B) any provision of law that requires notice or
opportunity for hearing or sets maximum or minimum time
limits with respect to agency action.
(2) Publication requirements.--Making exceptions, with
respect to institutions or other entities for which the agency
is the primary Federal regulator, to--
(A) any publication requirement with respect to
establishing branches or other deposit-taking
facilities; or
(B) any similar publication requirement.
(b) Publication Required.--A qualifying regulatory agency shall
publish in the Federal Register a statement that--
(1) describes any action taken under this section; and
(2) explains the need for the action.
(c) Qualifying Regulatory Agency Defined.--For purposes of this
section, the term ``qualifying regulatory agency'' means--
(1) the Board of Governors of the Federal Reserve System;
(2) the Comptroller of the Currency;
(3) the Director of the Office of Thrift Supervision;
(4) the Federal Deposit Insurance Corporation;
(5) the Financial Institutions Examination Council;
(6) the National Credit Union Administration; and
(7) with respect to chapter 53 of title 31, United States
Code, the Secretary of the Treasury.
(d) Expiration.--Any exception made under this section shall expire
not later than February 28, 1998.

77445ee670cfade1abfa1a23b9f598be0c970d551ebd65a143b14f85715ba6c5

(a) Financial Services.--It is the sense of the Congress that the
Board of Governors of the Federal Reserve System, the Comptroller of
the Currency, the Director of the Office of Thrift Supervision, the
Federal Deposit Insurance Corporation, and the National Credit Union
Administration should encourage depository institutions to meet the
financial services needs of their communities and customers located in
areas affected by the 1997 flooding of the Red River of the North, the
Minnesota River, and the tributaries of such rivers.
(b) Appraisal Standards.--It is the sense of the Congress that each
Federal financial institutions regulatory agency should, by regulation
or order, make exceptions to the appraisal standards prescribed by
title XI of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 3331 et seq.) for transactions
involving institutions for which the agency is the primary Federal
regulator with respect to real property located within a disaster area
pursuant to section 1123 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3352), if the agency
determines that the exceptions can reasonably be expected to alleviate
hardships to the public resulting from such disaster that outweigh
possible adverse effects.

af778504d3290737d143ce6c2c5b5d48b7e836ce36d557cccc5adcafeae1dc9e

No provision of this title shall be construed as limiting the
authority of any department or agency under any other provision of law.

00d4d75cd77e6eb4a6b6971ae19ec28e982ac861d397d9a920b94019d0b4800c

RESPECT TO GRADUATION RATES.
(a) Amendments.--Section 485 of the Higher Education Act of 1965
(20 U.S.C. 1092) is amended--
(1) in subsection (a)(3)(B), by striking ``June 30'' and
inserting ``August 31''; and
(2) in subsection (e)(9), by striking ``August 30'' and
inserting ``August 31''.
(b) Effective Dates.--
(1) In General.--Except as provided in paragraph (2), the
amendments made by subsection (a) are effective upon enactment.
(2) Information dissemination.--No institution shall be
required to comply with the amendment made by subsection (a)(1)
before July 1, 1998.

3a33225a3df255c5cb37ee2d476ba485ccdb3a695519de45670b392128c79c41

TITLE VI

-TECHNICAL AMENDMENTS WITH RESPECT TO EDUCATION

Section 1501(a)(4) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6491(a)(4)) is amended by striking ``January 1, 1998''
and inserting ``January 1, 1999''.

c7f0098f87790302589dee2a1f0e6b358a9db9a0a3554513298581e8d74f4039

Notwithstanding any other provision of law, the Secretary of
Education shall deem Kansas and New Mexico to have timely submitted
under section 8009(c)(1) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7709(c)(1)) the States' written notices of intent to
consider payments described in section 8009(b)(1) of the Act (20 U.S.C.
7709(b)(1)) in providing State aid to local educational agencies for
school year 1997-1998, except that the Secretary may require the States
to submit such additional information as the Secretary may require,
which information shall be considered part of the notices.

1e39785105aaca1feeab825859829273713fec0cc506aee7c0efcc9e83af7b12

Section 8002(h)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(h)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) for fiscal year 1997 and each succeeding
fiscal year through fiscal year 2000 shall not be less
than 85 percent of the amount such agency received for
fiscal year 1996 under subsection (b).''.

cc21d64e0149e0e6e89a942d38269ae1557dd4c2b225902d35dc581de7fcd95d

(a) In General.--Section 8003(f)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(f)(4)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``expenditure,'' after
``revenue,''; and
(B) by striking the semicolon and inserting a
period;
(2) by striking ``the Secretary'' and all that follows
through ``shall use'' and inserting ``the Secretary shall
use''; and
(3) by striking subparagraph (B).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to fiscal years after fiscal year 1997.

e06bf9235a5b0a428991c7263086beafa3ee6b48a641ca62862854047bde80d9

Section 8002(i) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(i)) is amended to read as follows:
``(i) Priority Payments.--
``(1) In general.--Notwithstanding subsection (b)(1)(B),
and for any fiscal year beginning with fiscal year 1997 for
which the amount appropriated to carry out this section exceeds
the amount so appropriated for fiscal year 1996--
``(A) the Secretary shall first use the excess
amount (not to exceed the amount equal to the
difference of (i) the amount appropriated to carry out
this section for fiscal year 1997, and (ii) the amount
appropriated to carry out this section for fiscal year
1996) to increase the payment that would otherwise be
made under this section to not more than 50 percent of
the maximum amount determined under subsection (b) for
any local educational agency described in paragraph
(2); and
``(B) the Secretary shall use the remainder of the
excess amount to increase the payments to each eligible
local educational agency under this section.
``(2) Local educational agency described.--A local
educational agency described in this paragraph is a local
educational agency that--
``(A) received a payment under this section for
fiscal year 1996;
``(B) serves a school district that contains all or
a portion of a United States military academy;
``(C) serves a school district in which the local
tax assessor has certified that at least 60 percent of
the real property is federally owned; and
``(D) demonstrates to the satisfaction of the
Secretary that such agency's per-pupil revenue derived
from local sources for current expenditures is not less
than that revenue for the preceding fiscal year.''.

5d14445d5a8ff8db37749f594788380aa694f09041d1582fac0c71cd421a7af1

The Secretary of Education shall treat as timely filed, and shall
process for payment, an amendment to an application for a fiscal year
1997 payment from a local educational agency under section 8003 of the
Elementary and Secondary Education Act of 1965 if--
(1) that agency is described in subsection (a)(3) of that
section, as amended by section 376 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201);
(2) that agency was not described in that subsection prior
to that amendment; and
(3) the Secretary received the amendment to the agency's
application prior to the enactment of this Act.
State Option to Issue Food Stamp Benefits to Certain Individuals Made
Ineligible by Welfare Reform
(a) In General.--Section 7 of the Food Stamp Act of 1977 (7 U.S.C.
2016) is amended--
(1) in subsection (a), by inserting after ``necessary,
and'' the following: ``(except as provided in subsection
(j))''; and
(2) by adding at the end the following:
``(j) State Option to Issue Benefits to Certain Individuals Made
Ineligible by Welfare Reform.--
``(1) In general.--Notwithstanding any other provision of
law, a State agency may, with the approval of the Secretary,
issue benefits under this Act to an individual who is
ineligible to participate in the food stamp program solely as a
result of section 6(o)(2) of this Act or section 402 or 403 of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612 or 1613).
``(2) State payments to secretary.--
``(A) In general.--Not later than the date the
State agency issues benefits to individuals under this
subsection, the State agency shall pay the Secretary,
in accordance with procedures established by the
Secretary, an amount that is equal to--
``(i) the value of the benefits; and
``(ii) the costs of printing, shipping, and
redeeming coupons, and other Federal costs,
incurred in providing the benefits, as
determined by the Secretary.
``(B) Crediting.--Notwithstanding section 3302(b)
of title 31, United States Code, payments received
under subparagraph (A) shall be credited to the food
stamp program appropriation account or the account from
which the costs were drawn, as appropriate, for the
fiscal year in which the payment is received.
``(3) Reporting.--To be eligible to issue benefits under
this subsection, a State agency shall comply with reporting
requirements established by the Secretary to carry out this
subsection.
``(4) Plan.--To be eligible to issue benefits under this
subsection, a State agency shall--
``(A) submit a plan to the Secretary that describes
the conditions and procedures under which the benefits
will be issued, including eligibility standards,
benefit levels, and the methodology the State agency
will use to determine amounts due the Secretary under
paragraph (2); and
``(B) obtain the approval of the Secretary for the
plan.
``(5) Violations.--A sanction, disqualification, fine, or
other penalty prescribed under Federal law (including sections
12 and 15) shall apply to a violation committed in connection
with a coupon issued under this subsection.
``(6) Ineligibility for administrative reimbursement.--
Administrative and other costs incurred in issuing a benefit
under this subsection shall not be eligible for Federal funding
under this Act.
``(7) Exclusion from enhanced payment accuracy systems.--
Section 16(c) shall not apply to benefits issued under this
subsection.''.
(b) Conforming Amendments.--Section 17(b)(1)(B)(iv) of the Food
Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is amended--
(1) in subclause (V), by striking ``or'' at the end;
(2) in subclause (VI), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(VII) waives a provision of
section 7(j).''.
The Department of Commerce is directed within thirty days of
enactment of this Act to provide to the Congress a comprehensive and
detailed plan outlining its proposed methodologies for conducting the
2000 decennial Census and available methods to conduct an actual
enumeration of the population. This plan description shall specifically
include:
(1) a list of all statistical methodologies that may be
used in conducting the Census;
(2) an explanation of these statistical methodologies;
(3) a list of statistical errors which may occur as a
result of the use of each statistical methodology;
(4) the estimated error rate down to the census tract
level;
(5) a cost estimation showing cost allocations for each
census activity plan; and
(6) an analysis of all available options for counting hard-
to-enumerate individuals, without utilizing sampling or any
other statistical methodology, including efforts like the
Milwaukee Complete Count project. The Department of Commerce is
also directed within thirty days of enactment of this Act to
provide to the Congress an estimate and explanation of the
error rate at the census block level based upon the 1995 test
data.
This Act may be cited as the ``1997 Emergency Supplemental
Appropriations Act for Recovery from Natural Disasters, and for
Overseas Peacekeeping Efforts, Including Those in Bosnia''.
Passed the House of Representatives June 12, 1997.
Attest:
Clerk.

cf41312b47145bb3d541148f38094cd59aa176123bd188924c6f0c10fcd6e192

Flood Relief bill

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