H.R.3610 - Omnibus Consolidated Appropriations Act, 1997104th Congress (1995-1996)
|Sponsor:||Rep. Young, C. W. Bill [R-FL-10] (Introduced 06/11/1996)|
|Committees:||House - Appropriations | Senate - Appropriations|
|Committee Reports:||H. Rept. 104-617; H. Rept. 104-863 (Conference Report)|
|Latest Action:||09/30/1996 Became Public Law No: 104-208. (TXT | PDF) (All Actions)|
|Major Recorded Votes:||09/28/1996 : Resolving Differences; 07/18/1996 : Passed Senate; 06/13/1996 : Passed House|
|Notes:||Enrolled (ENR) version not published. See law text for final version of bill and conference report for joint explanatory statement.|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.3610 — 104th Congress (1995-1996)All Bill Information (Except Text)
Conference report filed in House (09/28/1996)
TABLE OF CONTENTS:
Title I: Omnibus Appropriations
Title I(sic): Department of Justice
Title II: Department of Commerce and Related Agencies
Title III: The Judiciary
Title IV: Department of State and Related Agencies
Title V: Related Agencies
Title VI: General Provisions
Title VII: Rescissions
Title VIII: Fiscal Year 1996 Supplemental and
Title IX: Supplemental Appropriations
Title I(sic): Military Personnel
Title II: Operation and Maintenance
Title III: Procurement
Title IV: Research, Development, Test and Evaluation
Title V: Revolving and Management Funds
Title VI: Other Department of Defense Programs
Title VII: Related Agencies
Title VIII: General Provisions
Title IX: Fiscal Year 1996 Supplemental Appropriations
and Rescissions for Anti-Terrorism,
Counter-Terrorism, and Security Enhancement
Title I(sic): Export and Investment Assistance
Title II: Bilateral Economic Assistance
Title III: Military Assistance
Title IV: Multilateral Economic Assistance
Title V: General Provisions
Title VI: NATO Enlargement Facilitation Act of 1996
Title VII: Middle East Development Bank
Title I(sic): Department of the Interior
Title II: Related Agencies
Title III: General Provisions
Title IV: Emergency Appropriations
Title I(sic): Department of Labor
Title II: Department of Health and Human Services
Title III: Department of Education
Title IV: Related Agencies
Title V: General Provisions
Title VI: Reorganization and Privatization of Sallie
Mae and Connie Lee
Title VII: Museum and Library Services Act of 1996
Title I(sic): Department of the Treasury
Title II: Postal Service
Title III: Executive Office of the President and Funds
Appropriated to the President
Title IV: Independent Agencies
Title V: General Provisions
Title VI: General Provisions
Title I(sic): Additional Investment Funds for the
Thrift Savings Plan
Title II: Thrift Savings Accounts Liquidity
Title VII(sic): Counter-Terrorism and Drug
Title VIII: Federal Financial Management Improvement
Title II(sic): Economic Growth and Regulatory
Subtitle A: Streamlining the Home Mortgage Lending
Subtitle B: Streamlining Government Regulation
Subtitle C: Regulatory Impact on Cost of Credit and
Subtitle D: Consumer Credit
Subtitle E: Asset Conservation, Lender Liability, and
Deposit Insurance Protection
Subtitle F: Miscellaneous
Subtitle G: Deposit Insurance Funds
Title III: Spectrum Allocation Provisions
Title IV: Adjustment of Paygo Balances
Title V: Additional Appropriations
Division B: Oregon Resources Conservation Act of 1996
Title I(sic): Opal Creek Wilderness and Scenic Recreation
Title II: Upper Klamath Basin
Title III: Deschutes Basin
Title IV: Mount Hood Corridor
Title V: Coquille Tribal Forest
Title VI: Bull Run Watershed Protection
Title VII: Oregon Islands Wilderness, Additions
Title VIII: Umpqua River Land Exchange Study
Division C: Illegal Immigration Reform and Immigrant
Responsibility Act of 1996
Title I(sic): Improvements to Border Control, Facilitation
of Legal Entry, and Interior Enforcement
Subtitle A: Improved Enforcement at the Border
Subtitle B: Facilitation of Legal Entry
Subtitle C: Interior Enforcement
Title II: Enhanced Enforcement and Penalties Against Alien
Smuggling; Document Fraud
Subtitle A: Enhanced Enforcement and Penalties Against
Subtitle B: Deterrence of Document Fraud
Title III: Inspection, Apprehension, Detention,
Adjudication, and Removal of Inadmissible and Deportable
Subtitle A: Revision of Procedures for Removal of
Subtitle B: Criminal Alien Provisions
Subtitle C: Revision of Grounds for Exclusion and
Subtitle D: Changes in Removal of Alien Terrorist
Subtitle E: Transportation of Aliens
Subtitle F: Additional Provisions
Title IV: Enforcement of Restrictions Against Employment
Subtitle A: Pilot Programs for Employment Eligibility
Subtitle B: Other Provisions Relating to Employer
Subtitle C: Unfair Immigration-Related Employment
Title V: Restrictions on Benefits for Aliens
Subtitle A: Eligibility of Aliens for Public Assistance
Subtitle B: Public Charge Exclusion
Subtitle C: Affidavits of Support
Subtitle D: Miscellaneous Provisions
Subtitle E: Housing Assistance
Subtitle F: General Provisions
Title VI: Miscellaneous Provisions
Subtitle A: Refugees, Parole, and Asylum
Subtitle B: Miscellaneous Amendments to the Immigration
and Nationality Act
Subtitle C: Provisions Relating to Visa Processing and
Subtitle D: Other Provisions
Subtitle E: Technical Corrections
Division D: Small Business Programs Improvement Act
Title I(sic): Amendments to Small Business Act
Title II: Amendments to Small Business Investment Act
Title I(sic): California Bay-Delta Environmental Enhancement
and Water Security Act
Omnibus Consolidated Appropriations Act, 1997 - Division A - Title I: Omnibus Appropriations - Makes appropriations for programs, projects, and activities provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, as if it had been enacted into law as the regular appropriations Act.
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997 - Title I(sic): Department of Justice - Department of Justice Appropriations Act, 1997 - Makes FY 1997 appropriations to the Department of Justice.
Sets forth requirements and limitations relating to use of such funds.
(Sec. 103) Prohibits the use of funds to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape.
(Sec. 104) Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion.
(Sec. 109) Amends the Federal judicial code to revise: (1) quarterly bankruptcy fees; and (2) the formulae for the deposit of portions of such fees in the United States Trustee System Fund.
(Sec. 110) Amends specified Federal law to establish in the Treasury the Department of Justice Telecommunications Carrier Compliance Fund, which shall be available to the Attorney General to make specified payments to telecommunications carriers, equipment manufacturers, and providers of telecommunications support services.
(Sec. 111) Expresses the sense of the Congress that the Drug Enforcement Administration, together with other appropriate Federal agencies, should take necessary action to end the illegal importation into the United States of Rohypnol (flunitrazepam), a drug frequently distributed with the intent to facilitate sexual assault and rape.
(Sec. 112) Amends the Victims of Crime Act of 1984 to authorize the use of specified funds to make supplemental grants to U.S. Attorneys Offices to provide assistance to victims of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City, to facilitate their observation or participation at related trial proceedings, and to pay other related expenses.
(Sec. 113) Amends the Antiterrorism and Effective Death Penalty Act of 1996 to direct the Secretary of the Treasury to report to the Congress on vapor detection devices, computed tomography, nuclear quadropole resonance, thermal neutron analysis, pulsed fast-neutron analysis, and other new technologies for preventing and solving acts of terrorism involving explosive devices.
Requires the Secretary to contract with the National Academy of Sciences to study the tagging of smokeless and black powder by any viable detection and identification technology.
(Sec. 114) Amends the Federal judicial code to allow the forfeiture portion of an award payment to be paid for out of the permanent indefinite appropriation of the Asset Forfeiture Fund.
(Sec. 115) Allows the Attorney General to reimburse employees paid under any Department of Justice appropriation account for additional Federal, State, and local income taxes incurred as a result of extended temporary duty status when traveling on behalf of the United States to investigate, prosecute, or litigate a criminal or civil matter, or for other similar special circumstances.
(Sec. 116) Amends the Federal judicial code to authorize the Attorney General to accept gifts of personal property for aiding or facilitating Department work.
(Sec. 117) Authorizes the Attorney General during FY 1997 to transfer certain forfeited properties to State and local governments, or their designated contractor or transferee, for public health, safety, and welfare purposes.
(Sec. 118) Permits the Independent Counsel to extend by successive six-month periods the travel status of an employee and the appropriate reimbursement of travel expenses.
Age Discrimination in Employment Amendments of 1996 - Amends the Age Discrimination in Employment Amendments of 1986 to restore the public safety exemption (thus allowing police and fire departments to use maximum hiring and mandatory retirement ages).
Directs the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health, to study and report to the Congress on performance tests for law enforcement officers and firefighters. Requires the Secretary to: (1) develop guidelines for the use of physical and mental fitness tests for such individuals; (2) issue regulations identifying valid, nondiscriminatory job performance tests for use by employers of such individuals; and (3) propose advisory standards for wellness programs. Authorizes appropriations.
(Sec. 120) Amends the Violent Crime Control and Law Enforcement Act of 1994 to provide that evidence of a defendant's prior sexual assaults is admissible in all Federal sex offense trials commenced after the Act's effective date.
Child Pornography Prevention Act of 1996 - Amends the Federal criminal code to define child pornography to mean any visual depiction, including photograph, film, videotape or computer image, produced by any means including electronically by computer, of sexually explicit conduct if: (1) its production involved the use of a minor engaging in such conduct; (2) it appears to depict a minor engaging in such conduct; (3) it has been created, adapted, or modified to appear that an identifiable minor is engaging in such conduct; or (4) it is promoted or advertised as depicting a minor engaging in such conduct.
Increases criminal penalties for child sexual exploitation.
Amends the Privacy Protection Act to permits searches and seizures where the offense involves child pornography, the sexual exploitation of children, or the sale or purchase of children.
Amber Hagerman Child Protection Act of 1996 - Amends the Federal criminal code to establish special penalties for aggravated sexual abuse of persons under age 12 and of persons between ages 12 and 16, where State lines have been crossed. Prescribes life imprisonment for certain repeat offenders.
Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1997 - Makes FY 1997 appropriations to the Department of Commerce and related agencies, including the Office of the U.S. Trade Representative and the International Trade Commission.
Sets forth requirements and limitations relating to use of such funds.
Rescinds specified amounts of unobligated balances for: (1) construction of research facilities of the National Institute of Standards and Technology; and (2) operations, research, and facilities of the National Oceanic and Atmospheric Administration (NOAA).
(Sec. 206) Provides for transfer of appropriations to successor organizations in the event the Department of Commerce is dismantled or reorganized.
(Sec. 208) Prohibits the use of any funds appropriated under this or any other Act henceforth to develop new fishery management plans, amendments, or regulations which create new individual fishing quota, individual transferable quota, or new individual transferable effort allocation programs, or to implement any such plans, amendments, or regulations approved by a Regional Fishery Management Council or the Secretary of Commerce after January 4, 1995, until offsetting fees to pay for administrative costs are expressly authorized under the Magnuson Fishery Conservation and Management Act. Makes such restriction inapplicable to the North Pacific halibut and sablefish, South Atlantic wreckfish, or the Mid-Atlantic surfclam and ocean (including mahogany) quahog individual quota programs.
(Sec. 210) Establishes the Bureau of the Census Working Capital Fund to cover costs of maintenance and operation of services and projects that the Director of the Census Bureau determines may be performed more advantageously when centralized.
(Sec. 211) Renames the Magnuson Fishery Conservation and Management Act as the Magnuson-Stevens Fishery Conservation and Management Act.
Title III: The Judiciary - Judiciary Appropriations Act, 1997 - Appropriates FY 1997 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) Courts of Appeals, district courts, and other judicial services; (5) the Administrative Office of the United States Courts; (6) the Federal Judicial Center; (7) Judicial Retirement Funds; and (8) the U.S. Sentencing Commission.
Sets forth requirements and limitations relating to the use of such funds.
(Sec. 305) Extends the Judiciary Automation Fund and related authorities through FY 1998.
(Sec. 306) Prohibits the use of funds available to the Judiciary for certain costs related to the appointment of Special Masters before April 26, 1996.
(Sec. 307) Designates a specified U.S. courthouse in Medford, Oregon, as the James A. Redden Federal Courthouse.
Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1997 - Appropriates FY 1997 funds for the Department of State and related agencies, programs, and trust funds (including the Arms Control and Disarmament Agency and the U.S. Information Agency).
Sets forth requirements and limitations relating to the use of such funds.
Provides specified funds for: (1) broadcasting to Cuba; (2) the Center for Cultural and Technical Interchange Between East and West, in Hawaii; and (3) the North-South Center, in Florida.
(Sec. 406) Denies availability of funds under this Act to support the activities of the Standing Consultative Commission (SCC) unless the President reports to the Congress a detailed analysis of: (1) whether the Memorandum of Understanding on Succession and the Agreed Statement regarding Demarcation agreed to by the SCC on June 24, 1996, represent substantive changes to the Anti-Ballistic Missile Treaty of 1972; and (2) whether these agreements will require the advice and consent of the Senate.
(Sec. 407) Amends Federal law to permit the Secretary of State to authorize State officials or the U.S. Postal Service to collect and retain the execution fee for passport applications.
Title V: Related Agencies - Appropriates FY 1997 funds for: (1) the Maritime Administration of the Department of Transportation; (2) the Commission for the Preservation of America's Heritage Abroad; (3) the Commission on Civil Rights; (4) the Commission on Immigration Reform; (5) the Commission on Security and Cooperation in Europe; (6) the Equal Employment Opportunity Commission; (7) the Federal Communications Commission; (8) the Federal Maritime Commission; (9) the Federal Trade Commission; (10) the Legal Services Corporation; (11) the Marine Mammal Commission; (12) the National Bankruptcy Review Commission; (13) the Securities and Exchange Commission; (14) the Small Business Administration; (15) the Gambling Impact Study Commission; (16) the Ounce of Prevention Council and Grant Program; and (17) the State Justice Institute.
Continues certain requirements and restrictions with respect to the use of funds by the Legal Services Corporation.
Title VI: General Provisions - Sets forth limitations and prohibitions on the use of funds appropriated by this Act.
(Sec. 606) Prohibits the use of funds for the construction, repair, overhaul, conversion, or modernization of vessels for the NOAA in shipyards located outside of the United States.
(Sec. 607) Expresses the sense of the Congress that equipment and products purchased under this Act should be American-made.
Declares ineligible to receive any Federal contract or subcontract made with funds under this Act any person finally determined by a court or Federal agency to have intentionally affixed a false "Made in America" label to any product sold in or shipped to the United States that is not made in the United States.
(Sec. 608) Prohibits the use of funds to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known that such guidelines do not differ from certain proposed guidelines.
(Sec. 609) Prohibits the use of funds from this Act, unless certain conditions are met, to pay for costs incurred for: (1) opening or operating any U.S. diplomatic or consular post in the Socialist Republic of Vietnam that was not operating on July 11, 1995; (2) expanding any such post that was in operation on such date; or (3) increasing the number of personnel assigned to such posts above the level existing on such date. Allows the use of such funds for such purposes only if the President certifies that the Vietnamese Government is fully cooperating with the United States in specified activities relating to the investigation and recovery of missing U.S. military personnel, including: (1) resolution of discrepancy cases, live-sightings, and field activities; (2) recovery and repatriation of American remains; (3) provision of documents on POW-MIAs; and (4) implementation of trilateral investigations with Laos.
(Sec. 610) Prohibits the use of funds under this Act for any United Nations peacekeeping mission involving U.S. forces under the command or control of a foreign national, if the President's military advisors have not recommended that such involvement is in the U.S. national security interest, and the President has not submitted such a recommendation to the Congress.
(Sec. 611) Prohibits the use of funds under this Act to provide specified amenities or personal comforts in the Federal prison system.
(Sec. 614) Prohibits funds under this Act for the Federal Bureau of Prisons from being used to distribute or make available to a prisoner any commercially published information or material that is sexually explicit or features nudity.
(Sec. 615) Limits the amount of State and local law enforcement assistance funds which may be provided to any entity under the Omnibus Crime Control and Safe Streets Act of 1968 if that entity does not provide a certain level of health insurance benefits to its employed public safety officers who retire or are separated from service due to injury suffered in the line of duty while responding to an emergency situation or a hot pursuit.
(Sec. 616) Amends Federal patent law to shield a medical practitioner or related health care entity from liability for patent infringement even though such practitioner's performance of a medical activity constitutes a patent infringement. Denies this exemption from liability to the activities of any person (or employee or agent), regardless of tax-exempt status, who is engaged in the commercial development, manufacture, sale, importation, or distribution of a machine, manufacture, or composition of matter or the provision of pharmacy or clinical laboratory services (other than those provided in a physician's office), if such activities: (1) are directly related to such commercial development, and so forth; and (2) are regulated under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, or the Clinical Laboratories Improvement Act.
(Sec. 617) Amends the Department of Justice Appropriation Authorization Act, Fiscal Year 1980 to repeal the mandate that Department of Justice organizations notify congressional committees before reprogramming funds or taking certain other administrative actions.
(Sec. 618) Authorizes the Secretary of Transportation to provide a guarantee or commitment to guarantee, under the Merchant Marine Act, 1936, for shipyard infrastructure development and modernization and for vessels integral to the reactivation and modernization of an eligible shipyard that receives such a guarantee.
Title VII: Rescissions - Rescinds specified amounts from unobligated balances under the following headings for the Department of Justice: (1) general administration, working capital fund; and (2) Immigration and Naturalization Service, Immigration Emergency Fund.
Title VIII: Fiscal Year 1996 Supplemental and Rescission - Provides for specified additional funds for FY 1997, and rescissions of similar unobligated amounts for FY 1996, for the Department of Justice's Federal Prison System salaries and expenses.
Title IX: Supplemental Appropriations - Appropriates additional amounts for emergency expenses resulting from Hurricanes Fran and Hortense and other natural disasters: (1) to the Department of Commerce, Economic Development Administration's economic development assistance programs (infrastructure expenses); and (2) to the Small Business Administration, Disaster Loans Program Account.
Department of Defense Appropriations Act, 1997 - Title I(sic): Military Personnel - Appropriates funds for FY 1997 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.
Title II: Operation and Maintenance - Appropriates funds for FY 1997 for the operation and maintenance (O&M) of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies (including a transfer of funds), the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) overseas contingency operations (including a transfer of funds); (2) the U.S. Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, Air Force, and defense-wide (including a transfer of funds in each case); (4) environmental restoration at former defense sites (including a transfer of funds); (5) overseas humanitarian, disaster, and civic aid; (6) nuclear threat reduction programs with respect to republics of the former Soviet Union; and (7) quality of life enhancements, defense.
Title III: Procurement - Appropriates funds for FY 1997 for procurement by the armed forces and its reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Appropriates funds for defense-wide procurement and for National Guard and reserve equipment.
Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY 1997 for research, development, test and evaluation (RDT&E) by the armed forces and defense agencies. Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation.
Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Business Operations Fund (DBOF); and (2) programs under the National Defense Sealift Fund.
Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) expenses and activities of the Office of the Inspector General in carrying out the Inspector General Act of 1978.
Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) expenses of the Intelligence Community Management Account; (3) authorized payments to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund; and (4) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).
Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds.
(Sec. 8009) Authorizes procurement funds appropriated under this Act to be used for multiyear procurement contracts for Javelin missiles, Arleigh Burke class destroyers, the Army Tactical Missile System, and certain machine guns, rifles, and automatic weapons.
(Sec. 8011) Prohibits during FY 1997 the management by end strengths of DOD civilian personnel.
(Sec. 8020) Authorizes the Secretary of Defense (Secretary) to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries.
(Sec. 8035) Authorizes DOD to incur up to $350 million in obligations for DOD personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.
(Sec. 8036) Earmarks funds from this Act for the Civil Air Patrol.
(Sec. 8037) Prohibits the use of funds appropriated under this Act to establish a new DOD federally funded research and development center (FFRDC). Limits: (1) compensation payments made to FFRDC officers and employees; and (2) the total FY 1997 number of technical effort staff years which may be funded for DOD FFRDCs. Requires a report from the Secretary to the congressional defense and appropriations committees concerning such staff years. Reduces by a specified amount the total amounts appropriated under titles II through IV of this Act to reflect savings from the decreased use of non-FFRDC consulting services by DOD. Requires a report on the allocation of such funding reductions.
(Sec. 8044) Authorizes the payment of voluntary separation incentive payments to military personnel.
(Sec. 8048) Authorizes funds available for defense drug interdiction and counter-drug activities to be used for the Young Marines program.
(Sec. 8055) Prohibits the use of funds: (1) for the modification of an aircraft, weapon, ship, or other equipment that the military department concerned plans to retire or otherwise dispose of within five years after completion of the modification; (2) by a DOD entity without compliance with the Buy American Act; (3) for the design, development, acquisition, or operation of more than 47 Titan IV expendable launch vehicles; (4) for assistance to or programs in the Democratic People's Republic of North Korea unless specifically appropriated for such purpose; (5) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 1996 level; and (6) to transport chemical munitions to the Johnston Atoll for storage or demilitarization (with an exception and an authorized wartime waiver by the President).
(Sec. 8059) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.
(Sec. 8065) Earmarks $40 million from the funds authorized for chemical agents and munitions destruction, defense, to conduct a pilot program to identify and demonstrate not less than two alternatives to the current incineration process for demilitarized chemical munitions (requiring an evaluation and annual report to the defense and appropriations committees with respect to such program).
(Sec. 8068) Authorizes DOD to enter into interim leasing arrangements for the Adak Naval Air Facility.
(Sec. 8070) Rescinds specified funds from various accounts under prior defense appropriations Acts.
(Sec. 8087) Appropriates funds to DOD for transfer to the Coast Guard.
(Sec. 8088) Reduces by $150 million the total amount appropriated under this Act to reflect savings from reduced carryover of activities funded through the DBOF.
(Sec. 8091) Directs the Secretary to report quarterly to specified congressional committees setting forth all costs incurred by DOD in implementing or supporting United Nations (UN) Security Council resolutions.
(Sec. 8092) Prohibits the use of FY 1996 funds to transfer to another nation or international organization any defense articles or services (other than intelligence services) for use in international peacekeeping or peace enforcement activities.
(Sec. 8093) Directs the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees on such loan guarantees.
(Sec. 8094) Prohibits the use of DOD funds for a financial contribution to the UN for the cost of a UN peacekeeping activity or for the payment for any U.S. arrearage to the UN.
(Sec. 8096) Reduces Air Force O&M funds to reflect a reduction in the pass through to the Air Force business areas of the DBOF.
(Sec. 8103) Authorizes specified amounts for Air Force B-2 aircraft procurement from prior-year defense appropriations Acts to remain available for expenditure until the end of FY 2002.
(Sec. 8105) Directs the Secretary, upon the enactment of this Act, to make specified transfers between various DOD appropriation accounts.
(Sec. 8106) Requires, no later than June 30, 1997, that DOD disbursements in excess of $3 million be matched to a particular obligation before the disbursement is made.
(Sec. 8108) Directs the Under Secretary of Defense (Comptroller) to submit to the defense and appropriations committees a detailed report identifying any activity for which the FY 1998 budget was reduced because the Congress appropriated funds above the President's budget request for such activity for FY 1997.
(Sec. 8111) Directs the Secretary to: (1) carry out the deep-strike tradeoff study announced by the President to study tradeoffs between bombers, aircraft, and missiles capable of striking targets in an enemy's rear area; and (2) establish an ad hoc review committee to aid in such study.
(Sec. 8112) Makes certain prior-year Air Force missile procurement funds available, until paid, for the payment of satellite on-orbit incentive fees.
(Sec. 8113) Directs the Secretary and the Chairman of the Joint Chiefs of Staff to carry out a joint study assessing future tactical aircraft requirements across service jurisdictions.
(Sec. 8115) Prohibits the use of funds appropriated under this Act to reimburse a defense contractor for restructuring costs associated with a business combination unless the savings resulting for DOD will exceed the costs charged. Requires a report from the DOD Inspector General concerning such costs.
(Sec. 8116) Restricts the purchase of security locks used to protect critical national security information or other classified material.
(Sec. 8117) Repeals a provision of the Department of Defense Appropriations Act, 1996, which prohibits the use of Navy funds to develop or procure an emergency generator set for the New Attack Submarine unless such equipment is powered by a diesel engine manufactured in the United States by a U.S. entity.
(Sec. 8118) Directs the Secretary to ensure that DOD contractors who are required to submit annual reports to the Secretary of Labor concerning the hiring of qualified special disabled veterans and veterans of the Vietnam era under DOD contracts are aware of, and in compliance with, such reporting requirements. Requires a joint report from such Secretaries to the Congress concerning reporting compliance.
(Sec. 8120) Prohibits, during FY 1997, any advance billing for services provided or work performed by DBOF activities of the Navy in excess of $1 billion. Authorizes additional charges to increase revenues to the DBOF. Provides additional transfer authority to reimburse costs paid through the DBOF.
(Sec. 8121) Authorizes the Secretary to waive reimbursement of certain educational costs of the Asia-Pacific Center for Security Studies for military officers and civilian officials of foreign nations if the Secretary determines that their attendance is in the national security interest.
(Sec. 8122) Earmarks specified Air Force funds appropriated under this Act for a facility at Lackland Air Force Base, Texas, to provide care and rehabilitative services to disabled children who are military dependents. Provides grant authority (with conditions) for the construction of such a facility.
(Sec. 8123) Prohibits the use of funds appropriated by this Act to reduce the number of special operations units of the National Guard.
(Sec. 8124) Requires the Secretary of the Army to ensure that solicitations for Army contracts include specific goals for subcontracts with small businesses, small disadvantaged businesses, and women-owned small businesses.
(Sec. 8125) Directs the Secretary of the Air Force and the Director of the Office of Personnel Management to submit a joint report to specified congressional committees concerning the benefits, allowances, services, and other assistance provided to any civilian Federal employee or private citizen (or family of such employee or citizen) who is injured or killed while traveling on an aircraft owned, leased, chartered, or operated by the Federal Government.
(Sec. 8126) Requires a report from: (1) the Deputy Secretary of Defense concerning DOD procurements of propellant raw materials; (2) the Secretary of the Air Force on a cost-benefit analysis of consolidating the ground station infrastructure of the Air Force that supports polar orbiting satellites; and (3) the Secretary on the establishment of a demonstration program under which covered beneficiaries under the Civilian Health and Medical Program of the Uniformed Services who are also entitled to benefits under part A of the Medicare program (title XVIII of the Social Security Act) and who do not have access to TRICARE (a DOD managed health care program) would be permitted to enroll in a health benefits program offered through the Federal Employees Health Benefits Program.
(Sec. 8128) Appropriates funds for defense against weapons of mass destruction.
(Sec. 8130) Amends the National Defense Authorization Act for Fiscal Year 1997 to repeal specified provisions: (1) authorizing appropriations for the defense dual-use technology program; and (2) providing funding requirements and transfer authority with respect to such program.
(Sec. 8132) Directs the Secretary to complete a cost-benefits analysis on the establishment of a National Missile Defense Joint Program Office.
(Sec. 8133) Authorizes the Chief of the National Guard Bureau to permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis.
(Sec. 8134) Authorizes the Secretary of the Air Force to implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany.
(Sec. 8135) Amends the National Defense Authorization Act for Fiscal Year 1997 to rename the Michael O'Callaghan Military Hospital as the Michael O'Callaghan Federal Hospital.
(Sec. 8136) Reduces by specified amounts the appropriations made under this Act for various defense R&D accounts. Requires a report on such funding reductions.
(Sec. 8137) Appropriates funds to DOD, allocated among various accounts, for antiterrorism, counter-terrorism, and security enhancement programs, designating each such amount as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985. Cancels an equal amount of funds appropriated in titles I through VII of this Act, requiring the cancelled amount to be allocated on a pro-rata basis among each budget activity.
Title IX: Fiscal Year 1996 Supplemental Appropriations and Rescissions for Anti-Terrorism, Counter-Terrorism, and Security Enhancement Activities - Appropriates funds for Army and Air Force military personnel, O&M, and procurement, designating each such amount as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act.
(Sec. 9001) Rescinds specified funds in various DOD accounts under prior defense appropriations Acts.
(Sec. 9002) Requires funds appropriated by this title for programs and activities of the Central Intelligence Agency to remain available until September 30, 1997.
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 - Title I(sic): Export and Investment Assistance - Makes appropriations for FY 1997 for: (1) Export-Import Bank subsidies; (2) the Overseas Private Investment Corporation; and (3) the Trade and Development Agency.
Title II: Bilateral Economic Assistance - Makes appropriations for FY 1997 for: (1) expenses of the President under the Foreign Assistance Act of 1961; (2) the Agency for International Development (AID) for child survival and disease programs; (3) AID for specified development assistance (including transfers of funds) allowing availability of limited amounts for the Inter-American Foundation and the African Development Foundation; (4) assistance to Vietnam to reform its trade regime; (5) AID's Office of Population and the U.S. Telecommunications Training Institute; (6) specified projects aimed at reunification of Cyprus; (7) democracy and humanitarian activities in Burma; (8) private and voluntary organizations; (9) international disaster assistance; (10) debt restructuring; (11) micro and small enterprise development programs; (12) guaranteed loans under the worldwide housing guarantees program; (13) the Foreign Service Retirement and Disability Fund; (14) operating expenses of AID and the AID Office of Inspector General; (15) Economic Support Fund (ESF) assistance (but not for Zaire); (16) the International Fund for Ireland; (17) economic assistance for Eastern Europe, the Baltic States, and the independent states of the former Soviet Union; (18) the Peace Corps (but with a ban on fund use for abortions); and (19) the Department of State for international narcotics control, migration and refugee assistance, and nonproliferation, anti-terrorism, and related programs and activities.
Title III: Military Assistance - Makes appropriations for FY 1997 for: (1) international military education and training (with a ban on such assistance to Zaire and Guatemala); and (2) foreign military financing and direct loans and grants (earmarking amounts for Israel, Egypt, Greece, and Turkey, and for the participation of Poland, Hungary, and the Czech Republic in the Partnership for Peace Program).
Prohibits foreign military financing for: (1) any non-North Atlantic Treaty Organization (NATO) country participating in the Partnership for Peace Program except through the regular notification procedures of the Committees on Appropriations; and (2) Zaire, Sudan, Liberia, and Guatemala.
Title IV: Multilateral Economic Assistance - Makes appropriations for FY 1997 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) International Finance Corporation; (4) Inter-American Development Bank; (5) Enterprise for the Americas Multilateral Investment Fund; (6) Asian Development Bank; (7) Asian Development Fund; (8) European Bank for Reconstruction and Development; and (9) North American Development Bank.
Makes appropriations for FY 1997 for international programs and organizations, with restrictions, including a ban on the use of funds for the United Nations Population Fund (UNFPA) for activities in China.
Title V: General Provisions - Sets forth limits on the use of appropriations identical or very similar to restrictions enacted in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (P.L. 104-107), notably with respect to: (1) countries supporting the Arab boycott of Israel, Cuba, Iraq, Iran, Liberia, Montenegro, the Palestine Liberation Organization, Serbia, terrorist countries or countries supporting terrorism or giving sanctuary to war criminals; and (2) financial incentives to induce a business to relocate outside the United States or assistance to develop certain kinds of export processing zones in foreign countries.
(Sec. 517) Declares it continues to be U.S. policy that funds allocated to Israel from the ESF shall not be less than the annual debt repayment from Israel to the United States.
(Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations (including to lobby for or against abortions).
(Sec. 518A) Prohibits funds for population planning programs from being expended prior to July 1, 1997. Permits such funds to be made available March 1, 1997, if the President finds, and the Congress approves by a joint resolution, that the limitation has a negative impact on the population planning programs.
(Sec. 520) Prohibits the use of funds for Colombia, Guatemala (except for development assistance), the Dominican Republic, Haiti, Liberia, Pakistan, Peru, Serbia, Sudan, or Zaire, except through the regular notification procedures of the Committees on Appropriations.
(Sec. 533A) States that direct costs associated with meeting a foreign customer's additional or unique requirements will continue to be allowable under contracts for sales of defense articles under the Arms Export Control Act, with loadings applicable to such costs permitted at the same rates applicable to procurement of like items purchased by the Department of Defense for its own use.
(Sec. 539) Authorizes the President, subject to notification of the congressional appropriations committees, to direct the transfer of defense articles to the Bosnia and Herzegovina governments, without reimbursement, if he certifies to the Congress that the transfer would assist that nation in self-defense and promote the security and stability of the region. Authorizes appropriations.
(Sec. 561) Declares the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds available in this Act should be American-made. Requires each Federal agency head to notify any entity using assistance or contract funds under this Act of this declaration.
(Sec. 564) Authorizes the President (similarly to authority under P.L. 104-107) to: (1) reduce certain debts owed the United States by eligible countries; and (2) sell, reduce, or cancel certain loans under the Foreign Assistance Act of 1961 in order to facilitate debt-for-equity, debt-for-development, or debt-for-nature swaps, or debt buybacks.
(Sec. 566) Authorizes the availability of funds for assistance for Liberia.
(Sec. 567) Waives certain restrictions and authorizes the availability of funds for the Guatemalan military forces only if the President certifies to the Congress that the Guatemalan military is cooperating fully with efforts to resolve human rights abuses and to negotiate a peace settlement.
(Sec. 570) Imposes certain economic sanctions against Burma until the President certifies to the Congress that Burma has made progress in improving human rights and implementing democracy.
(Sec. 571) Requires that a certain additional report on U.S. Hong Kong policy scheduled for 1997 include detailed information on the status and implementation of the Sino-British Joint Declaration on the Question of Hong Kong.
(Sec. 573) Directs the Secretary of State to report to the Committees on Appropriations on U.S. Government actions to resolve the conflict in Chechnya.
(Sec. 578) Requires the Secretary of State to report annually to the Congress (in some instances optionally in classified form) on the cooperation of foreign countries in: (1) the apprehension, conviction, and punishment of individuals responsible for acts of international terrorism against U.S citizens or interests; and (2) the prevention of further such acts against U.S. citizens in the respective foreign countries.
(Sec. 579) Requires the Secretary of the Treasury to instruct the U.S. Executive Director of each international financial institution to vote against any loan or other use of the institution's funds, other than to address basic human needs, for the government of any country with a known history of female genital mutilation which has not made the practice illegal or taken steps to implement educational programs to prevent it.
(Sec. 580) Requires the Secretary of State's annual report to the Congress on voting practices at the UN to include a side-by-side comparison of individual countries' overall support for the United States at the UN and the amount of U.S. assistance provided to such country in FY 1996.
(Sec. 581) Prohibits the use of funds under this Act to pay any voluntary U.S. contribution to the UN unless the President certifies to the Congress that the UN is not making any effort to impose any taxation on any U.S. persons.
(Sec. 582) Declares that the Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act for the civilian-led Haitian National Police and Coast Guard.
(Sec. 584) Declares that, for purposes of eligibility for the Orderly Departure Program for nationals of Vietnam, certain Vietnamese aliens shall be considered refugees of special humanitarian concern, and shall be admitted to the United States for resettlement.
(Sec. 585) Directs the Secretary of State to report to the Committee on Appropriations about certain military activities of the Democratic People's Republic of Korea.
(Sec. 587) Withholds specified funds from Mexico until the President reports to the Congress that Mexico is taking action to reduce the flow of illegal drugs to the United States as well as enforce its laws against narcotic trafficking and money-laundering.
(Sec. 589) Makes officials or employees of a foreign state designated a state sponsor of terrorism liable to U.S. nationals for personal injury or death caused by acts of terrorism.
Title VI: NATO Enlargement Facilitation Act of 1996 - NATO Enlargement Facilitation Act of 1996 - Declares it is the policy of the United States to: (1) assist the transition to full membership in NATO of emerging democracies in Central and Eastern Europe; and (2) work to construct a political and security relationship between an enlarged NATO and the Russian Federation.
(Sec. 604) Expresses the sense of the Congress that in order to promote security in Estonia, Latvia, Lithuania, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine: (1) the United States should support the full and active participation of these countries in activities that will qualify them for NATO membership; (2) the U.S. Government should press the European Union to admit as soon as possible any country qualifying for membership; and (3) the United States and NATO should support military and peacekeeping initiatives between and among such countries, NATO countries, and Russia.
(Sec. 605) Expresses the sense of the Congress that Estonia, Latvia, and Lithuania should not be disadvantaged in seeking membership into NATO.
(Sec. 606) Designates Poland, Hungary, the Czech Republic, and Slovenia as eligible to receive certain assistance for transition to full membership in NATO. Requires the President to designate as eligible for such assistance other emerging democracies in Central and Eastern Europe that meet specified criteria.
(Sec. 607) Authorizes appropriations for NATO enlargement assistance.
(Sec. 608) Authorizes the availability of certain funds for the Regional Airspace Initiative and the Partnership for Peace Information Management System.
(Sec. 609) Declares that the transfer of excess defense articles to countries intending to participate in NATO (including countries of NATO's southern flank) shall be given priority, to the maximum extent feasible, over the delivery of such articles to other countries, except certain countries specified under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995.
(Sec. 610) Declares that the Congress endorses U.S. efforts to modernize the defense capability of Poland, Hungary, the Czech Republic and any other countries the President designates under the NATO Participation Act of 1994, by exploring options for the sale or lease to such countries of weapons systems compatible with those used by NATO members, including air defense systems, advanced fighter aircraft, and telecommunications infrastructure.
(Sec. 611) Amends the NATO Participation Act of 1994 to establish a presidential and congressional procedure for termination of eligibility for assistance for Partnership for Peace countries which: (1) no longer meet certain eligibility criteria; (2) are hostile to the NATO alliance; or (3) pose a national security threat to the United States.
Title VII: Middle East Development Bank - Bank for Economic Cooperation and Development in the Middle East and North Africa Act - Authorizes the President to accept membership for the United States in the Bank for Economic Cooperation and Development in the Middle East and North Africa, including subscription to up to a specified number of shares of stock in such Bank.
Department of the Interior and Related Agencies Appropriations Act, 1997 - Title I(sic): Department of the Interior - Makes appropriations for the FY 1997 operation of the Department of the Interior.
Sets forth uses and prohibitions on the use of funds under this title.
Names the Bureau of Land Management's Visitor Center in Rand, Oregon, the William B. Smullin Visitor Center.
Prohibits the National Park Service from spending any funds under this Act for activities in direct response to the United Nations Biodiversity Initiative in the United States.
Authorizes the National Park Service (NPS) to transfer NPS funds to State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations to carry out NPS programs.
Provides certain funds for closure of the U.S. Bureau of Mines, including payments for workers' compensation and unemployment compensation for former Bureau employees.
(Sec. 113) Establishes in the Treasury a franchise fund pilot for capitalizing and operating central administrative services.
(Sec. 114) Amends the Elwha River Ecosystem and Fisheries Restoration Act (Public Law 102-495) to allow the State of Washington, upon appropriation of a specified amount for the Federal Government to acquire the Elwha and Glines dams, and upon submission to the Congress by the State of a binding agreement to remove them within a reasonable period of time, to purchase such dams from the Federal Government for $2. Repeals such Act upon purchase of the dams by the State.
(Sec. 115) Extends, for one year, the Blackstone River Valley National Heritage Corridor Commission (Massachusetts and Rhode Island).
(Sec. 116) Designates and ratifies assignment to the University of Utah as successor to, and beneficiary of, all the existing assets, revenues, funds and rights granted to the State of Utah under the Miners Hospital Grant and the School of Mines Grant. Directs the Secretary of the Interior to accept relinquishment of all remaining and unconveyed entitlement for quantity grants owed the State of Utah for the Miners Hospital Grant and any unconveyed entitlement that may remain for the University of Utah School of Mines Grant.
(Sec. 117) Amends the Indian Self-Determination and Education Assistance Act to increase from 20 to 50 the number of new tribes per year which the Secretary of the Interior, acting through the Director of the Office of Self-Governance, may select from an applicant pool to participate in self-governance.
(Sec. 118) Allows the Indian Arts and Crafts Board to carry out specified revenue-generating activities, including charging museum admission fees, if such revenue is covered into a designated special fund.
(Sec. 119) Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), to transfer: (1) to Lander County, Nevada, title to the former BLM administrative site and associated buildings in Battle Mountain, Nevada; and (2) to the State of Nevada, title to the surplus BLM District Office building in Winnemucca, Nevada.
(Sec. 120) Directs the Secretary of the Interior to transfer a certain Grumman Goose aircraft to the Alaska Aviation Heritage Museum in Anchorage, Alaska.
(Sec. 121) Amends the Mesquite Lands Act of 1988 to require the City of Mesquite, Nevada, to notify the Secretary of the Interior, within a specified period, as to which of specified public lands it wishes to purchase.
Father Aull Site Transfer Act of 1996 - Directs the Secretary of the Interior to convey without consideration certain land near Silver City, New Mexico, to Saint Vincent DePaul Parish.
(Sec. 124) Authorizes the Secretary of the Interior to use BLM appropriations to enter into cooperative agreements, directly or indirectly through State, local, or tribal governments, with willing private landowners for restoration and enhancement of fish, wildlife, and other biotic resources on public or private land, or both, that benefit these resources on public lands within the watershed.
(Sec. 125) Designates the visitor center at Channel Islands National Park, California, the Robert J. Lagomarsino Visitor Center.
Title II: Related Agencies - Makes appropriations for FY 1997 to the Department of Agriculture for the Forest Service, including additional amounts for emergency rehabilitation, forest fire presuppression due to emergencies, and wildfire suppression activities.
Prohibits the use of funds to implement any reorganization or "reinvention" of the Forest Service, without the consent of the congressional appropriations committees, other than the relocation of a specified regional office from San Francisco to excess military property at Mare Island, Vallejo, California.
Directs the Secretary of Agriculture to report to the congressional appropriations committees on the status and disposition of all salvage timber sales started under the emergency salvage timber sale program mandated by the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995 and subsequently withdrawn or delayed and completed under different authorities as a consequence of the Secretary's July 2, 1996 directive on the implementation of the mandate.
Names the Pacific Northwest Research Station Silviculture Laboratory in Bend, Oregon, the Robert W. Chandler Building.
Makes appropriations for FY 1997 to the Department of Energy (DOE) for fossil energy research and development, the Strategic Petroleum Reserve (SPR), the SPR Petroleum Account, and other activities.
Rescinds a specified amount of funds for clean coal technology, making them available for any ongoing DOE project.
Directs the Secretary of Energy to sell a specified dollar amount of oil during FY 1997 from the SPR and deposit the proceeds in an SPR Operating Fund.
Makes appropriations for FY 1997 to the Department of Health and Human Services for the Indian Health Service for services and facilities.
Appropriates funds for FY 1997 to: (1) the Department of Education for the Office of Elementary and Secondary Education for Indian Education; (2) the Office of Navajo and Hopi Relocation; (3) the Institute of American Indian and Alaska Native Culture and Arts Development; (4) the Smithsonian Institution; (5) the National Gallery of Art; (6) the John F. Kennedy Center for the Performing Arts; and (7) the Woodrow Wilson International Center for Scholars.
Makes FY 1997 appropriations for: (1) the National Foundation on the Arts and the Humanities; (2) the Institute of Museum Services; (3) the Commission of Fine Arts; (4) the Advisory Council on Historic Preservation; (5) the National Capital Planning Commission; (6) the Franklin Delano Roosevelt Memorial Commission; and (7) the U.S. Holocaust Memorial Council.
Sets forth uses and prohibitions on funds under this title.
Title III: General Provisions - Sets forth uses and limitations of funds appropriated by this Act.
(Sec. 307) Requires expenditures under this Act to comply with the Buy American Act. Expresses the sense of the Congress that entities receiving Federal assistance should purchase only American-made equipment and products. Prohibits Federal contracts with persons found to have falsely labeled a product with a "Made in America" inscription.
(Sec. 312) Permits the use of funds from this Act for the AmeriCorps program, subject to availability of funds under the VA-HUD and Independent Agencies FY 1997 appropriations bill, and only if the relevant agencies follow appropriate reprogramming guidelines.
(Sec. 316) Places limitations on the type of grant awards that can be made by the National Endowment for the Arts.
(Sec. 317) Prohibits the use of funds for any rules or regulations under the Alaska National Interest Lands Conservation Act to assert jurisdiction, management, or control over any waters (other than non-navigable waters on Federal lands), non-Federal lands, or lands selected by, but not conveyed to, Alaska under the Submerged Lands Act of 1953 or the Alaska Statehood Act of 1959, or an Alaska Native Corporation under the Alaska Native Claims Settlement Act.
(Sec. 318) Prohibits the use of funds under this Act to review or modify sourcing areas previously approved under specified provisions of the Forest Resources Conservation and Shortage Relief Act of 1990 or to enforce or implement specified Federal regulations. Prohibits adoption of policies that would restrain domestic transportation or processing of timber from private lands or impose additional accountability requirements on any timber.
(Sec. 319) Extends through FY 1999 the authority to collect recreation fees under the Recreation Fee Demonstration Program, and through FY 2002 the availability in accounts of the fees collected.
(Sec. 320) Prohibits the use of funds under this Act for any activity in connection with a scenic shoreline drive in Pictured Rocks National Lakeshore, Michigan.
(Sec. 321) Transfers specified land, including the Bend Silviculture Lab, to the Central Oregon Community College, Bend, Oregon.
(Sec. 322) Prohibits the use of any funds for activities of the Office of Forestry and Economic Assistance, or any successor office.
(Sec. 323) Authorizes the Secretary of the Interior to: (1) accept title to specified land in Prince Georges County, Maryland, adjacent to Oxon Cove Park, on condition that it has not become contaminated with hazardous substances; and (2) in exchange, convey to the Corrections Corporation of America specified land located in Oxon Cove Park in the District of Columbia.
(Sec. 324) Directs the Secretary of Agriculture to exchange certain National Forest lands (including a wastewater treatment facility) in Chelan County, Washington, for certain lands owned by Public Utility District Number 1 of Chelan County, Washington.
(Sec. 325) Snoqualmie National Forest Boundary Adjustment Act of 1996 - Directs the Secretary of Agriculture to modify the boundary of the Snoqualmie National Forest to include specified adjacent lands in Washington State.
(Sec. 326) Sugarbush Land Exchange Act of 1996 - Directs the Secretary of Agriculture to provide for conveyance to Sugarbush Resort Holdings, Inc., of certain land in the Green Mountain National Forest, in exchange for cash or other land which shall become part of such National Forest.
(Sec. 327) Amends the North Carolina Wilderness Act of 1984 to remove 100 acres from the Snowbird Wilderness Study Area.
(Sec. 328) Renames the Columbia Wilderness the Mark O. Hatfield Wilderness.
(Sec. 329) Authorizes the Secretaries of Agriculture and the Interior during FY 1997 to limit competition for watershed restoration project contracts under the "Jobs in the Woods" component of the President's Forest Plan for the Pacific Northwest to individuals and entities in historically timber-dependent areas of Washington, Oregon, and northern California that have been affected by reduced timber harvesting on Federal lands.
(Sec. 330) Amends the Rhode Island Indian Claims Settlement Act to declare that, for purposes of the Indian Gaming Regulatory Act, settlement lands shall not be treated as Indian lands.
Title IV: Emergency Appropriations - Makes additional appropriations for specified functions and activities of the Departments of Agriculture and the Interior.
Makes emergency appropriations in additional amounts to: (1) the Department of Agriculture, for the Forest Service; (2) the Smithsonian Institution; (3) the John F. Kennedy Center for the Performing Arts; (4) the National Gallery of Art; and (5) the U.S. Holocaust Memorial Council.
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 - Title I(sic): Department of Labor - Department of Labor Appropriations Act, 1997 - Makes appropriations for FY 1997 (including certain transfers of funds) for agencies, programs, and various trust funds, within the Department of Labor.
Prescribes uses and limitations on funds under this title.
(Sec. 105) Authorizes the Secretary of Labor, in certain circumstances, to waive specified requirements under the Job Training Partnership Act in order to assist States in improving State workforce development systems.
Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1997 - Makes appropriations for FY 1997 (including certain transfers of funds) for agencies and programs within the Department of Health and Human Services.
Prescribes limitations on the use of appropriated funds under this title.
(Sec. 212) Directs the Administrator of the Health Care Financing Administration, with the assistance of the Agency for Health Care Policy Research, to report to the appropriate congressional committees a review of research on treatment of end-stage emphysema and chronic obstructive pulmonary disease by specified surgical procedures, and recommend as to the appropriateness of Medicare coverage of such conditions and procedures.
(Sec. 213) Amends the Family Violence Prevention and Services Act to increase the maximum allowable State grant allotment.
(Sec. 214) Names the new clinical research center at the National Institutes of Health (NIH) as the Mark O. Hatfield Clinical Research and Patient Care Center.
Title III: Department of Education - Department of Education Appropriations Act, 1997 - Makes appropriations for FY 1997 (including certain transfers of funds) for agencies and programs within the Department of Education, subject to certain requirements for and limitations of their use.
(Sec. 301) Prohibits the use of appropriated funds to transport teachers or students in order to: (1) overcome racial imbalance in any school or school system; or (2) carry out a racial desegregation plan.
(Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in public schools.
(Sec. 304) Limits the amount of funds which may be used for specified student aid programs under the Higher Education Act of 1965 (HEA).
Prohibits the Secretary of Education from using HEA funds for subsequent fiscal years for administrative expenses of the William D. Ford Direct Loan Program.
(Sec. 307) Amends the Elementary and Secondary Education Act of 1965 with respect to additional assistance for heavily impacted local educational agencies (LEAs) to allow LEAs to participate in the determination of maximum impact aid payments.
(Sec. 308) Amends HEA to change from June 30-June 30 to August 30-August 30 the reporting year for certain annual reports to the Secretary of Education concerning athletically related student aid.
Title IV: Related Agencies - Makes appropriations for FY 1997 for the following agencies or programs: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service (for domestic volunteer service programs); (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Social Security Administration, for various trust funds and programs; (15) Railroad Retirement Board; and (16) United States Institute of Peace.
Title V: General Provisions - Sets forth requirements and limitations on the use of appropriated funds under this Act.
(Sec. 505) Prohibits the use of funds to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the Secretary of Health and Human Services (HHS) determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs.
(Sec. 506) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased under this Act should be American-made.
(Sec. 508) Prohibits the use of funds to perform abortions except to save the life of the mother or where the pregnancy is the result of rape or incest.
(Sec. 510) Prohibits use of funds in this Act for the expenses of an electronic benefit transfer (EBT) task force.
(Sec. 511) Prohibits use of funds in this Act to enforce specified requirements under HEA with respect to any lender that has a guaranteed student loan portfolio less than $5 million.
(Sec. 512) Prohibits use of funds in this Act for: (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under certain Federal regulations and the Public Health Service Act.
(Sec. 513) Prohibits the use of funds under this Act for promotion of legalization of controlled substances, except with respect to certain therapeutic uses.
(Sec. 514) Denies funds to any covered educational entity that has a policy prohibiting, or effectively preventing, ROTC access to campus or Federal military recruiting on campus.
(Sec. 519) Permanently cancels a specified amount of the budgetary resources available to agencies (except the Food and Drug Administration and the Indian Health Service) under this Act for salaries and expenses, such cancelled amount to be allocated by the Office of Management and Budget.
(Sec. 520) Provides for voluntary separation incentives for employees of the Railroad Retirement Board and its Office of Inspector General.
Title VI: Reorganization and Privatization of Sallie Mae and Connie Lee - Student Loan Marketing Association Reorganization Act of 1996 - Amends HEA to provide for the reorganization of the Student Loan Marketing Association (Sallie Mae) through the formation of a holding company and the cessation of Federal sponsorship.
(Sec. 603) Amends HEA to provide for the privatization and renaming of the College Construction Loan Insurance Association (Connie Lee) and the cessation of Federal sponsorship.
(Sec. 604) Amends HEA to prohibit Sallie Mae, or any successor entity functioning as a secondary market for student loans, from engaging in certain discriminatory practices against borrowers.
Title VII: Museums and Library Services Act of 1996 - Museum and Library Services Act of 1996 - Amends the Museum Services Act to revise and rename it as the Museum and Library Services Act (MLSA).
(Sec. 702) Establishes within the National Foundation on the Arts and Humanities an Institute of Museum and Library Services (IMLS), consisting of an Office of Museum Services (OMS) and an Office of Library Services (OLS), along with the current National Museum Services Board, relocated in OMS. Provides for an IMLS Director and Deputy Directors for OMS and OLS.
Library Services and Technology Act - Provides for library services and technology under MLSA, with an emphasis on library services and technology, access, and literacy programs for underserved communities.
Authorizes appropriations to the Secretary of Education for grants to States for information access through technology and information empowerment through special services. Directs the Secretary to transfer such funds to the Director to carry out such library services and technology programs.
Sets forth basic program requirements, including a 50 percent Federal share and State five-year plans.
Sets forth requirements and authorized activities for library programs of grants to States for: (1) information access through technology; and (2) information empowerment through special services (including special services for children in poverty who are served by libraries).
Sets forth administrative requirements for such library grants programs, including State evaluation of assisted activities, State advisory councils, Federal grants for library services for Indian tribes, and a program of national leadership and evaluation activities.
Continues to authorize: (1) grants to museums to increase and improve museum services through specified types of activities; and (2) contracts and cooperative agreements with appropriate entities for projects to strengthen museum services.
Requires the Director to assess the collaborative possibilities museums can engage in to serve the public more broadly and effectively.
Authorizes the Director to make an annual National Award for Museum Service to outstanding museums that have made significant contributions in service to their communities.
(Sec. 703) Amends the National Commission on Libraries and Information Science Act to make the Commission responsible for advising the IMLS Director on general library services policies.
Includes the IMLS Director as an ex officio, nonvoting member of such Commission. Requires that nonprofessional members have special competence in or knowledge of (currently, interest in) society's need for library and information services. Requires that at least one of the nonprofessional members be knowledgeable about the library and information service and science needs of the elderly.
(Sec. 704) Transfers functions from the Institute of Museum Services (IMS) to the IMLS.
(Sec. 708) Repeals the Library Services and Construction Act. Repeals specified provisions of: (1) HEA, relating to academic libraries and information services; (2) the Higher Education Amendments of 1986, relating to library resources; (3) the Education Amendments of 1974; and (4) the Technology for Education Act of 1994.
Treasury, Postal Service and General Government Appropriations Act, 1997 - Title I(sic): Department of the Treasury - Treasury Department Appropriations Act, 1997 - Makes appropriations to the Department of the Treasury and its related agencies for FY 1997.
(Sec. 118) Amends the Federal criminal code, with respect to licensing and related gun show sales requirements for firearms importers, manufacturers, and dealers, to declare that nothing in such requirements shall be construed to diminish the right of a licensee to conduct "curios or relics" firearms transfers and business away from its business premises with another licensee without regard to whether the place where the business is conducted is located in the State specified on the license of either licensee.
Title II: Postal Service - Makes appropriations to the Postal Service Fund for FY 1997.
Title III: Executive Office of the President and Funds Appropriated to the President - Executive Office Appropriations Act, 1997 - Makes appropriations for FY 1997 for the Executive Office of the President and related offices and programs.
Title IV: Independent Agencies - Independent Agencies Appropriations Act, 1997 - Makes appropriations for FY 1997 for: (1) the Committee for Purchase from People who are Blind or Severely Disabled; (2) the Federal Election Commission; (3) the Federal Labor Relations Authority; (4) the General Services Administration; (5) the John F. Kennedy Assassination Records Review Board; (6) the Merit Systems Protection Board; (7) the National Archives and Records Administration; (8) the National Historical Publications and Records Commission; (9) the Office of Government Ethics; (10) the Office of Personnel Management (OPM); (11) the Office of Inspector General; (12) the Office of Special Counsel; and (13) the United States Tax Court.
Specifies uses of funds provided to the General Services Administration.
(Sec. 407) Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of General Services to establish, acquire space for, and equip flexiplace work telecommuting centers, and charge fees, for use by employees of Federal agencies, State and local governments, and the private sector.
(Sec. 408) Directs the Administrator to acquire certain land in Portland, Oregon, for construction of a proposed Law Enforcement Center on the site.
(Sec. 409) Amends specified Federal law to mandate conveyance of certain real property at the Iowa Army Ammunition Plant to the City of Middleton, Iowa. Repeals the requirement that the City pay fair market value for such property. Requires the Secretary of the Army to permit the City to use existing water and sewer lines and systems at the Plant for a three-year period after conveyance.
(Sec. 410) Directs the Administrator to convey, without compensation, to the Beaver County Corporation for Economic Development certain real property in Hopewell Township, Pennsylvania.
(Sec. 411) Declares that certain land in Denver, Colorado, shall not be subject to condemnation by any Federal agency or instrumentality without the owner's consent.
Makes appropriations for FY 1997 for: (1) specified Government contributions, with respect to retired Federal employees, as payments for annuitants, employee health benefits and life insurance; and (2) the Civil Service Retirement and Disability Fund.
Title V: General Provisions - Sets forth certain prohibitions and limitations on the use of appropriations made under this Act.
(Sec. 503) Amends Federal law to repeal the mandate for presidentially appointed superintendents and assayers at U.S. mints, and for a presidentially appointeded engraver at the Philadelphia mint.
(Sec. 512) Requires entities receiving funds under this Act to comply with the Buy American Act. Expresses the sense of the Congress to such effect.
(Sec. 518) Prohibits Act funds from being available to pay for an abortion or expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions, except where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of rape or incest.
(Sec. 521) Considers personal service contractors employed by the Department of the Treasury outside the United States to be Federal employees for purposes of Federal employee health and life insurance.
(Sec. 522) Amends Federal law to repeal the mandate for presidentially appointed superintendents and assayers at U.S. mints, and for a presidentially appointed engraver at the Philadelphia mint.
(Sec. 523) Amends Federal law to allow for the minting of 24 karat gold coins and platinum coins.
(Sec. 526) Requires the Secretary of the Treasury to pay up to $500,000 to reimburse former employees of the White House Travel Office, terminated on May 19, 1993, for attorney fees and related costs (except those incurred with respect to any congressional hearing or investigation).
(Sec. 527) Prohibits the use of funds under this Act by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual without the individual's express written consent.
(Sec. 528) Closes to the public a specified alley in Washington, D.C., on which the Federal Government is constructing a facility. Grants the Administrator of General Services administrative jurisdiction over, and title on behalf of the United States to, the alley, facility, and related property.
(Sec. 529) Amends Federal law to authorize the Secretary, beginning January 1, 1999, to mint and issue commemorative coins in no more than two commemorative coin programs per calendar year. Specifies mintage levels and conditions on payment of surcharges to recipient organizations. Requires quarterly financial reports to the Congress on commemorative coin programs. Sets a fixed four-year term for members of the Citizens Commemorative Coin Advisory Committee, and provides for election of a Chairperson.
Title VI: General Provisions - Sets forth certain requirements for and prohibitions and limitations on the use of appropriations by all Federal departments, agencies, and corporations.
(Sec. 624) Prohibits use of funds in this Act for certain types of employee training, including those containing elements: (1) inducing high emotional or psychological stress; (2) associated with religious, quasi-religious, or "new age" belief systems; (3) offensive to, or designed to change, participants' personal values or lifestyle; or (4) related to human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS) other than that necessary for specified purposes.
(Sec. 627) Amends the Federal Financial Management Act of 1994 (title IV of the Government Management Reform Act of 1994, P.L. 103-356) to extend through FY 2001 the franchise fund pilot program.
(Sec. 632) Designates a certain U.S. courthouse under construction in Portland, Oregon, as the Mark O. Hatfield U.S. Courthouse.
(Sec. 633) Amends Federal civil service law for the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to mandate survivor annuity resumption, as well as resumption of Federal employees health benefits, upon divorce for a disabled child whose annuity and Federal health benefits had terminated because of marriage.
(Sec. 634) Amends CSRS and FERS provisions to allow a Federal employee involuntarily terminated due to a reduction in force or transfer of function to apply unused annual leave to remain on the agency's rolls after the would-be separation date if, and only to the extent that, such additional time in pay status will enable the employee to meet minimum age and service requirements for title to an immediate annuity, or to qualify to carry health benefits coverage into retirement.
(Sec. 635) Amends the Federal criminal code to specify that certain post-employment restrictions for senior officials do not apply to Federal officers and employees whose basic rate of compensation is below level 5 of the Senior Executive Service.
(Sec. 636) Provides for Federal agency reimbursement to Federal law enforcement officers and Federal supervisors or management officials of up to half the costs they incur for professional liability insurance. Applies such reimbursement authority to the legislative branch, including any office or committee of the Senate or the House of Representatives, as well as to the executive branch.
(Sec. 638) Authorizes the Secretary of the Treasury, for FY 1997, to use certain funds made available to the Federal Savings and Loan Insurance Corporation Resolution Fund to reimburse the Department of Justice for litigation expenses incurred in defense of claims against the United States arising from the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and its implementation.
(Sec. 639) Amends the Treasury, Postal Service and General Government Appropriations Act, 1996 to authorize all Federal agencies to receive and use funds resulting from the sale of Federal records disposed of pursuant to a record schedule (the Federal Register) which are subsequently recovered through recycling or waste prevention programs.
(Sec. 640) Authorizes Federal agency heads to use the private sector to review and analyze the contracting out, outsourcing or privatization of business and administrative functions and related issues subject to the Information Technology Management Act (title LI of the National Defense Authorization Act for FY 1996).
(Sec. 641) Amends the Whistleblower Protection Act of 1989 to authorize appropriations for their FY 1998 through 2002 activities under such Act to the Merit Systems Protection Board and the Office of Special Counsel.
(Sec. 643) Amends the Treasury, Postal Service and General Government Appropriations Act, 1996 with respect to co-chairs, the meeting quorum, donations to, and travel allowances of the National Commission on Restructuring the Internal Revenue Service.
(Sec. 644) Amends Federal law to increase from $10,000 to $30,000 the annual salary of each Governor on the U.S. Postal Service Board of Governors.
(Sec. 645) Requires the Director of the Office of Management and Budget (OMB) to report to the Congress estimates of the total annual costs and benefits of Federal regulatory programs, together with: (1) an analysis of the impact of Federal rules on the private sector as well as on Federal, State, and local governments; (2) cost-benefit estimates for each rule likely to have a gross annual effect on the economy of $100 million or more in increased costs; and (3) recommendations to reform or eliminate any Federal regulatory program or program element that is inefficient, ineffective, or not a sound use of national resources.
(Sec. 646) Amends the Federal Financial Management Act of 1994 to extend the authority of the OMB Director with respect to simplification of the management reporting process.
(Sec. 647) Directs the Secretary of Health and Human Services to transfer to the University of Miami, without charge, title to the real property and improvements that constitute the Perrine Primate Center.
(Sec. 648) Amends the Federal criminal code to upgrade counterfeiting offenses from a class C to a class B felony, thus increasing penalties. Prescribes criminal penalties for the production, sale, transportation, or possession of fictitious financial instruments (including fictitious obligations) purporting to be those of State or local governments or of private organizations.
(Sec. 649) Prohibits the use of funds under this Act by a Federal agency to provide a Federal employee's home address to any labor organization without the employee's consent or a court order.
(Sec. 650) Requires the Inspector General of each Federal agency to audit and report on the use of administratively uncontrollable overtime by employees. Directs OPM to issue revised guidelines to limit or, in specified circumstances, prohibit the use of administratively uncontrollable overtime.
(Sec. 651) Authorizes a Federal agency head to pay up to $10,000 in a death gratuity to the personal representative of a civilian employee whose death resulted from an injury sustained on the job on or after August 2, 1990.
(Sec. 653) Authorizes the Secretary of the Treasury to : (1) establish scientific certification standards for explosives detection canines; (2) provide for certification of explosives detection canines employed by Federal agencies; and (3) establish a program for the training of canines for explosives detection at U.S. airports. Authorizes appropriations.
(Sec. 654) Amends the Federal criminal code to authorize the Secretary of the Treasury to establish a national repository of information on incidents involving arson and the suspected criminal use of explosives. Authorizes appropriations.
(Sec. 655) Amends Federal law to allow a trustee of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation to serve past his or her term until a successor is chosen.
(Sec. 656) Authorizes the Secretary of the Interior, through the Bureau of Indian Affairs, to transfer directly to Indian tribes in North and South Dakota portable housing units at the Grand Forks Air Force base in North Dakota which the Department of Defense has declared excess.
(Sec. 657) Amends the Federal criminal code to limit to firearms that have moved in or otherwise affect interstate or foreign commerce the existing prohibition against the possession or discharge of firearms in a school zone.
(Sec. 658) Amends Federal criminal law to make it unlawful to sell firearms to anyone who has been convicted in any court of any crime involving domestic violence, if the individual has been represented by counsel or knowingly and intelligently waived the right to counsel. Makes it unlawful for such persons to engage in the trafficking of firearms.
Title I(sic): Additional Investment Funds for the Thrift Savings Plan - Thrift Savings Investment Funds Act of 1996 - Amends Federal civil service law to add two new funds, the International Stock Index Investment Fund and the Small Capitalization Stock Index Fund, to the Thrift Savings Plan (TSP) under the Federal Employees' Retirement System.
Title II: Thrift Savings Account Liquidity - Thrift Savings Plan Act of 1996 - Increases withdrawal options for TSP participants upon separation from employment. Eliminates the purpose requirements for taking a TSP loan. Requires an employee or member, before a loan is issued, to be given appropriate information in writing about the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Thrift Savings Fund, and any other effect of such loan on the employee's or member's final account balance before a loan is issued. Permits a TSP participant, before separation, to make a one-time withdrawal from the account upon: (1) attaining age 59 and one-half; or (2) financial hardship. Revises provisions concerning notification of an employee's or member's spouse upon making or changing a withdrawal election. Eliminates the definition of basic pay with respect to the TSP.
(Sec. 660) Authorizes interagency financing to carry out the purposes of the National Bioethics Advisory Commission.
(Sec. 661) Designates a specified U.S. courthouse in Omaha, Nebraska, as the Roman L. Hruska U.S. Courthouse.
(Sec. 662) Amends the Inspector General Act of 1978 and Federal law to establish an Office of Inspector General within the U.S. Postal Service. Requires the Inspector General and the Chief Postal Inspector to prepare five-year strategic plans for submission with annual budgets.
(Sec. 663) Directs the heads of certain Federal agencies to submit to specified congressional committees their respective strategic plans for making voluntary separation incentive ("buyout") payments, meeting specified requirements, to eligible employees. Requires reduction of an agency's total number of funded employee positions by the number of employees separating and receiving such payments.
(Sec. 664) Continues the existing electronic benefit transfer (EBT) pilot program. Provides that selection and designation of financial agents for such program, program design, and related matters shall not be subject to judicial review.
(Sec. 665) Authorizes the Secretary of the Treasury to select associations as financial agents by any process the Secretary deems appropriate. Allows the reasonable duties of such agents to include provision of EBT services, including State-administered benefits with the consent of the States.
Title VII: Counter-Terrorism and Drug Law Enforcement - Makes additional appropriations for counter-terrorism and drug law enforcement to: (1) specified Offices of the Department of the Treasury, including Office of Inspector General, Federal Law Enforcement Training Center, Bureau of Alcohol, Tobacco and Firearms, U.S. Customs Service, Internal Revenue Service, and U.S. Secret Service; (2) the Office of Personnel Management; and (3) certain Federal drug control programs.
Title VIII: Federal Financial Management Improvement - Federal Financial Management Improvement Act of 1996 - Requires each Federal agency to implement and maintain financial management systems that comply with Federal requirements, Federal accounting standards, and the U.S. Government Standard General Ledger at the transaction level. Requires: (1) audit compliance reporting; (2) compliance implementation determination by the agency Head; and (3) if there is noncompliance with the standards, a remediation plan to bring the agency into compliance within three years.
(Sec. 808) Amends the National Defense Authorization Act for Fiscal Year 1996 to entitle Division D (Federal Acquisition Reform Act of 1996) and Division E (Information Technology Management Reform Act of 1996), together, the Clinger-Cohen Act of 1996.
Title II (sic): Economic Growth and Regulatory Paperwork Reduction - Economic Growth and Regulatory Paperwork Reduction Act of 1996 - Subtitle A: Streamlining the Home Mortgage Lending Process - Sets a deadline by which the Board of Governors of the Federal Reserve System (the Board) and the Secretary of Housing and Urban Development (HUD) must take action under the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) to simplify and provide a single format for credit transaction disclosures.
(Sec. 2102) Amends TILA to authorize the Board to exempt those transactions from TILA disclosure requirements which the Board determines: (1) are not necessary to effectuate its purposes; or (2) do not provide a measurable benefit in the form of useful information or consumer protection. Requires the Board to publish its rationale for exemption at the time a proposed exemption is published for comment. Includes among factors for Board consideration: (1) whether the loan in question is secured by the consumer's principal residence; and (2) whether the goal of consumer protection would be undermined by such an exemption.
(Sec. 2103) Amends RESPA to repeal requirements that: (1) a federally related mortgage lender disclose to a mortgage loan applicant the servicing of mortgages the lender has assigned, sold, or transferred during the most recent three calendar years; and (2) a lender that does not service federally related loans similarly disclose any intention to assign, sell, or transfer such servicing. Repeals the mandate for model disclosure statements.
Requires the Secretary of Housing and Urban Development (HUD) to ensure that the exemption from RESPA regulations for credit transactions for primarily business, commercial, or agricultural purposes shall be the same as the exemption for such transactions under TILA.
Redesignates "controlled" business arrangements as "affiliated" business arrangements. Declares that the proscription against kickbacks and unearned fees shall not be construed as prohibiting an affiliated business arrangement so long as certain disclosures are made by telephone or electronic media.
Extends from one year to three-years the statute of limitations for claims arising from violations of requirements for servicing mortgages and escrow accounts.
Delays until July 31, 1997 the effective date of final Federal regulations governing employer-employee payments for referral activities.
(Sec. 2104) Amends TILA to exempt from its disclosure requirements any credit transactions involving consumers with an annual earned income of more than $200,000 or having net assets in excess of $1 million at the time of the transaction, upon submission of a handwritten waiver, signed and dated by such consumer.
(Sec. 2105) Grants creditors the option to set forth alternative disclosures regarding conditions which could trigger increases or decreases in payment and interest rates for variable interest rate residential mortgage transactions.
(Sec. 2106) Modifies TILA restitution guidelines for violations to authorize specified Federal regulatory agencies to order partial adjustments or payments over an extended period in order to avoid causing the creditor to become legally undercapitalized.
(Sec. 2107) Amends TILA to restrict certain limitations on creditor liability with respect to consumer credit transactions to closed end consumer credit transactions secured by real property or a dwelling under the Act. Establishes September 30, 1995 as the effective date for such limitations.
Subtitle B: Streamlining Government Regulation - Chapter I: Eliminating Unnecessary Regulatory Requirements and Procedures - Permits an insured depository institution to participate in optional conversion transactions between members of the Bank Insurance Fund and the Savings Association Insurance Fund without prior approval of the responsible agency (but still requires approval). Eliminates the requirement for approval of such a merger under the Oakar Amendment as well as the Bank Merger Act.
(Sec. 2203) Amends the Home Owners' Loan Act to remove from its regulatory purview a bank holding company subject to the Bank Holding Company Act of 1956 (BHCA).
Revises the definition of "savings and loan holding company" to exclude a bank holding company under BHCA jurisdiction.
Provides that acquisition of a savings association by a bank holding company under BHCA jurisdiction obviates approval by the Director of the Office of Thrift Supervision.
Amends the BHCA to direct the Federal Reserve Board to solicit the views of the Director of the Office of Thrift Supervision with respect to its examination and enforcement role over bank holding companies.
(Sec. 2204) Amends the Revised Statutes to repeal the requirement that the aggregate minimum capital of a national banking association and all its branches be no less than the aggregate minimum capital that would be required if each branch were a separately chartered national bank.
(Sec. 2205) Amends the Revised Statutes and the Federal Deposit Insurance Act (FDIA) to exclude from the definition of "branch" an automated teller machine or remote service unit (thus exempting those entities from the approval requirements and geographic restrictions of such Acts).
(Sec. 2206) Amends the Federal Reserve Act (FRA) to permit well-capitalized and well-managed banks to invest amounts equal to 150 percent (currently, only 100 percent) of capital and surplus in bank premises without prior approval.
(Sec. 2207) Amends BHCA to repeal the presumption that shares transferred by a bank holding company to a transferee under its control (divestitures) remain under the holding company's control (thus subject to specified approval requirements).
(Sec. 2208) States that prior notice and approval is not required (but written notice to the Federal Reserve Board within ten days after commencing such an activity is required) for a proposal by a well-capitalized, well-managed bank holding company to engage in any activity or acquire the shares or assets of any company (other than an insured depository institution) if it meets specified financial and managerial criteria.
(Sec. 2209) Amends FDIA to repeal the requirement that the appropriate Federal banking agency be notified prior to the appointment or addition of a new director or senior executive officer if the affected insured depository institution or depository institution holding company: (1) has been chartered less than two years; or (2) has undergone a change in control within the preceding two years. Retains the prior notice requirement for troubled insured depository institutions or depository institution holding companies only if the agency determines that prior notice is appropriate. Extends from 30 days up to 90 days the period during which, following notice, the agency may disapprove board of directors or senior executive officer appointments by such institutions or companies.
(Sec. 2210) Amends the Depository Institutions Management Interlocks Act to revise the prohibition on dual service of management officials to raise the asset-size thresholds of the depository institutions or depository holding companies to which the prohibition applies. Authorizes Federal banking regulatory agencies to adjust such thresholds for inflation.
Repeals the 20-year exemption from the dual service prohibition for certain grandfathered directors and management officials (thus permitting them to continue their dual service permanently).
Repeals the requirement that each appropriate Federal depository institutions regulatory agency: (1) review according to prescribed criteria the petition of a management official to serve in more than one position (interlocking directorate); and (2) determine whether continuation of such dual service produces an anti-competitive effect.
Authorizes the appropriate regulatory agencies to prescribe regulations permitting dual service by a management official that would otherwise be prohibited if such service would not result in a monopoly or substantial lessening of competition.
Repeals the criteria governing regulatory approval of management interlocks.
(Sec. 2211) Amends FRA to exempt from its proscription against preferential terms in credit extensions to executive officers, directors, or principal shareholders (insider lending) any credit extension: (1) made pursuant to a benefit or compensation program widely available to employees of the member bank; and (2) that does not give preference to any officer, director, or principal shareholder of the member bank, or to any related interest of such person, over other employees of the member bank.
Authorizes the Federal Reserve Board to waive the proscription against such preferential terms for certain executive officers and directors of a subsidiary that controls the member bank if the subsidiary's assets do not exceed ten percent of the consolidated assets of a company that controls the member bank and such subsidiary (and is not controlled by any other company).
(Sec. 2212) Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to direct the Appraisal Subcommittee to repay the Secretary of the Treasury the unpaid portion of its startup funding by the end of FY 1998.
(Sec. 2213) Amends the FDIA to exempt from branch closure notice requirements automated teller machines and relocated or consolidated bank branches, if: (1) the relocation or consolidation occurs within the same neighborhood and does not substantially affect the nature of the business or customers served; or (2) a branch is closed in connection with emergency acquisitions or any Federal Deposit Insurance Corporation (FDIC) assistance.
(Sec. 2214) Amends the International Banking Act of 1978 to direct the Federal Reserve Board to avoid unnecessary duplication of foreign bank examinations.
Provides that: (1) each Federal and State branch or agency of a foreign bank shall be subject to on-site examination by the appropriate regulator as frequently as would its U.S. counterpart (instead of annually, as at present); and (2) the cost of such examination shall be assessed against its owner to the same extent that fees are collected by the Federal Reserve Board for examination of any State member bank.
Authorizes the Board to approve an application by a foreign bank even if the authorities in the home country have not yet established a comprehensive regulation on a consolidated basis, as long as they are actively working to establish one.
Instructs the Board to consider, when acting on a foreign bank application, whether the foreign bank has adopted and implemented procedures to combat money laundering.
Directs the Board to take final action on any application within 180 days after its receipt.
Authorizes the Board to terminate a foreign bank office in the United States if it finds that the authorities in the home country are not making demonstrable progress in establishing arrangements for comprehensive consolidated supervision.
(Sec. 2215) Amends the BHCA to authorize the Board to approve extensions beyond the current five-year deadline for a bank holding company to dispose of foreclosed assets, under certain conditions, up to an aggregate of five more years.
(Sec. 2216) Amends the Bank Holding Company Act Amendments of 1970 and the Home Owners Loan Act to extend the authority of the Board, and the Director of the Office of Thrift Supervision, respectively, to grant exceptions to certain antitying prohibitions.
(Sec. 2217) Amends the Federal Deposit Insurance Act (FDIA) to require the Federal Deposit Insurance Corporation to act within a 60-day period (which may be extended for an additional 30 days) upon receipt of the application of an insured State bank (or subsidiary) to engage as principal in activity impermissible for a national bank.
Chapter 2: Eliminating Unnecessary Regulatory Burdens - Amends FDIA to increase from $175 million to $250 million the asset-size ceiling on the meaning of "small depository institution" which Federal banking agencies may in their discretion determine for examination on an 18-month cycle.
(Sec. 2222) Directs the Federal Financial Institutions Examinations Council, and each Federal banking agency represented on it, to review and report to the Congress on Federal banking regulations at least every ten years to identify unnecessary regulatory requirements imposed upon insured depository institutions. Requires the Council or the pertinent banking agency to eliminate unnecessary regulations to the extent appropriate.
(Sec. 2223) Amends Federal monetary law to repeal the authority of the Secretary of the Treasury to require each insured depository institution to identify certain non-bank financial institution customers.
(Sec. 2224) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to repeal the mandate that insured depository institutions include information on small businesses and small farm lending in their annual reports of condition.
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and the International Lending Supervision Act of 1983 to repeal annual reporting requirements for specified Federal financial institution regulatory agencies, including certain reports on changes to improve the international lending operations of banking institutions.
(Sec. 2225) Amends the Home Mortgage Disclosure Act of 1975 to prescribe a Consumer Price Index adjustment schedule applicable to certain small-sized institutions exempt from the Act's disclosure requirements.
Declares that a depository institution shall be deemed to have satisfied the public availability requirements for its mortgage loan transactions if its branch offices provide notice of the availability of such information from the home office upon request.
(Sec. 2226) Amends FDIA guidelines governing a change in control of insured depository institutions to repeal mandatory reporting by financial institutions (or affiliates) of any loans secured by 25 percent or more of any class of shares of an insured depository institution (stock loans). Retains such mandatory reporting for foreign banks and their affiliates.
(Sec. 2227) Requires the Federal Reserve Board to study and report to the Congress on the extent of small business lending by all creditors.
Chapter 3: Regulatory Micromanagement Relief - Amends the Revised Statutes to allow the Comptroller of the Currency to waive the residency requirement for national banking association directors. Repeals the Comptroller's authority to waive citizenship requirements for a minority of the directors of a foreign bank subsidiary or affiliate.
(Sec. 2242) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require each Federal banking agency to review and eliminate regulations which require insured depository institutions and credit unions to produce unnecessary internal written policies.
(Sec. 2243) Amends FDIA to mandate: (1) that one of the presidentially appointed directors serving on the FDIC Board have State bank supervisory experience; (2) that each appropriate Federal banking agency take action necessary to ensure that depository institution examiners consult and reach agreement on examination activities and resultant recommendations; (3) such agencies consider appointing an examiner-in-charge to ensure such consultation; and (4) the Federal banking agencies jointly implement a system for determining which one of the Federal banking agencies or State bank supervisors (currently, Federal banking agencies only) shall be the lead agency responsible for managing the requisite unified examination schedule.
Subtitle C: Regulatory Impact on Cost of Credit and Credit Availability - Amends FDIA guidelines for improved accountability in financial management to: (1) repeal the use of an independent public accountant to detect and report violations of law by an insured depository institution or depository institution holding company; and (2) authorize a Federal banking agency to permit an independent audit committee to be composed of a majority of outside directors independent of institution management (currently the entire committee must be composed of such outside directors) if it determines that an insured depository institution has encountered hardships in retaining competent directors on such committee.
(Sec. 2302) Amends the Equal Credit Opportunity Act and the Fair Housing Act to set forth incentives for self-testing and self-correcting by lenders subject to such Acts. Prescribes conditions under which: (1) an enforcing agency is prohibited from acquiring or using reports generated by any creditor-conducted review of lending operations to determine compliance with such Acts; and (2) such self-test results may be used by an adversary party.
(Sec. 2303) Permits a Federal savings association to make credit card loans or education loans without being subject to a percentage-of-assets limitation.
Raises from ten percent to 20 percent the percentage-of-assets limitations ceiling placed upon commercial and agricultural loans offered by an association. Restricts loan amounts exceeding ten percent of an association's total assets to loans made to small businesses.
Repeals the five-percent-of-assets loan restriction placed upon education loans offered by an association.
Expands the scope of "qualified thrift lender" to include a domestic building and loan association.
Permits a savings association that qualifies as a qualified thrift lender to operate a branch outside the State in which it has its home office.
Redefines "qualified thrift investment" to cover, as assets includible without limit, educational loans, small business loans, and loans made through credit cards or credit card accounts.
Removes the ten-percent-of-assets loan restriction placed upon certain personal, family, household or education loans other than educational loans, small business loans, and loans made through credit cards or credit card accounts.
(Sec. 2304) Amends BHCA to repeal the seven percent growth cap restrictions placed upon banks controlled by certain bank holding companies not statutorily treated as bank holding companies.
Excludes from BHCA jurisdiction any limited purpose institution that accepts collateral for extensions of credit by holding deposits under $100,000.
(Sec. 2305) Amends the Fair Debt Collection Practices Act to revise the prohibition against failure to disclose clearly in all communications with a consumer that the debt collector is attempting to collect a debt.
(Sec. 2306) Amends the Federal Credit Union Act to increase from $10,000 to $20,000 the ceiling on credit union loans which may be made to a director or member of a supervisory or credit committee without first being approved by the board of directors.
(Sec. 2307) Amends the Federal Reserve Act to increase from ten percent to 25 percent the amount of capital and surplus that a national bank may invest in the stock of Edge Act subsidiaries and certain financial service corporations held by a member bank's non-U.S. branches, as long as the investment of an additional amount over ten percent would not be unsafe or unsound.
Subtitle D: Consumer Credit - Chapter 1: Credit Reporting Reform - Consumer Credit Reporting Reform Act of 1996 - Amends the Fair Credit Reporting Act (FCRA) to cite additional permissible purposes for which a consumer reporting agency may furnish a consumer report, including: (1) for employment purposes; and (2) for credit or insurance transactions that are not initiated by the consumer. Mandates consumer consent as a prerequisite to furnishing medical information contained in a consumer report.
(Sec. 2406) Revises exceptions to the prohibition against the reporting of certain obsolete information by a consumer reporting agency. Raises the minimum dollar threshold amounts permitting release of such information: (1) from $50,000 to $150,000 in the case of a credit transaction; (2) from $50,000 to $150,000 the policy amount in the case of life insurance underwriting; and (3) from $20,000 to $75,000 the amount of salary of an individual in the case of an employment-related credit report. Provides that the seven-year reporting period applicable to accounts placed for collection begins no later than 180 days after the beginning of the delinquency immediately preceding the collection activity.
Mandates disclosure in a consumer report of: (1) the particular chapter under which a bankruptcy case arises; (2) withdrawal of a bankruptcy case prior to final judgment; (3) voluntary closure by a consumer of a credit account; (4) information disputed by the consumer.
(Sec. 2407) Prohibits a consumer reporting agency from prohibiting disclosure by a user to the consumer of report contents if the user has taken adverse action against the consumer based on such report.
Prescribes guidelines for procurement of a consumer report for resale.
(Sec. 2408) States that nothing requires a consumer reporting agency to disclose to a consumer any credit scores, risk scores, and other predictors relating to her or him. Provides for mandatory disclosure to a consumer of additional kinds of information, including a summary of consumer rights.
Requires the Federal Trade Commission to take action to assure that consumer standardization and comprehensibility are achieved.
Prohibits consumer lawsuits for defamation, invasion of privacy, or negligence against a consumer reporting agency based on information disclosed by a credit report user to or for a consumer against whom the user has taken adverse action based on the report.
(Sec. 2409) Revises procedural and disclosure guidelines governing: (1) disputed information in a consumer's file, including free mandatory reinvestigation by the reporting agency; (2) users of information in a consumer report taking adverse actions, or making written credit or insurance solicitations based upon such report (including any direct marketing transaction that is not initiated by the consumer); and (3) adverse action based on information obtained from third parties other than consumer reporting agencies.
(Sec. 2412) Revises civil liability guidelines to set forth liquidated damages for willful and negligent noncompliance, and to award attorney's fees to the prevailing party for pleadings filed in bad faith.
(Sec. 2413) Specifies the responsibilities of persons who furnish information to a consumer reporting agency, including the obligation to provide accurate, updated information and notices of information disputed by consumers.
(Sec. 2414) Revises disclosure guidelines governing investigative consumer reports to require: (1) certification that the consumer has been notified; and (2) confirmation of any adverse information obtained from personal sources.
(Sec. 2415) Increases criminal penalties for obtaining information under false pretenses, and for unauthorized disclosures.
(Sec. 2416) Revises administrative enforcement guidelines to authorize the Federal Trade Commission (FTC) to commence a civil action to recover a civil penalty in Federal district court in the event of a knowing violation constituting a pattern or practice of FCRA violations. Limits such penalty to $2500. Precludes: (1) the FTC from promulgating trade regulation rules with respect to the FCRA; and (2) specified Federal regulatory agencies from conducting an examination of a bank, savings association or credit union regarding FCRA compliance except in response to a complaint alleging noncompliance.
(Sec. 2417) Authorizes the States to bring a court action for FCRA violations.
(Sec. 2418) Authorizes the Federal Reserve Board to issue interpretations of the FCRA with respect to certain financial institutions and holding companies.
(Sec. 2419) Identifies specified FCRA provisions that preempt State law.
(Sec. 2422) Requires the Federal Reserve Board to: (1) study and report to the Congress on whether organizations not presently subject to the FCRA as consumer reporting agencies are nevertheless engaged in the business of making sensitive consumer identification information available to the general public; (2) determine whether such activities create undue potential for fraud and risk of loss to depository institutions; and (3) determine whether legislative changes are necessary to address such risks.
Chapter 2: Credit Repair Organizations - Amends the Consumer Credit Protection Act to revise title IV to read as the Credit Repair Organizations Act.
(Sec. 2451) Prohibits: (1) advising any consumer to make an untrue or misleading statement, or to alter the consumer's identification to prevent the display of the consumer's credit record; (2) other fraud or deception; and (3) a credit repair organization (CRO) from charging or receiving valuable consideration for any service before such service is fully performed.
Specifies a statement which a CRO must provide to consumers before an agreement is executed regarding the consumer, the CRO, and related rights, powers, and obligations. Requires written, signed contracts covering specified matters in order for a CRO to provide services. Allows a consumer to cancel a contract with a CRO within three business days of making the contract.
Declares void any consumer waiver of any protection under this title. Makes an attempt to obtain a waiver a violation of this title. Voids any contract not in compliance with this title.
Provides for civil liability for failing to comply with this title, including allowing punitive damages and class actions.
Requires enforcement of this title under the Federal Trade Commission Act (FTCA) by the FTC. Makes: (1) a violation of this title an unfair or deceptive act or practice in violation of specified provisions of the FTCA; and (2) all functions and powers of the FTC available for enforcement of this title. Establishes a five-year statute of limitations for actions to enforce liability under this title.
(Sec. 2452) Expresses the sense of the Senate that: (1) individuals should be judged for credit worthiness based upon their own credit worthiness and not that of their zip code or residential neighborhood; and (2) the FTC should report to certain congressional committees regarding the impact of residential location upon corporate lenders' consideration of an application for unsecured credit.
Subtitle E: Asset Conservation, Lender Liability, and Deposit Insurance Protection - Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to declare that the liability of a fiduciary for the release or threatened release of a hazardous substance in connection with a vessel or facility held in fiduciary capacity shall not exceed the assets held in fiduciary capacity, unless: (1) a person is liable independently of the person's ownership of a vessel or facility as a fiduciary or actions taken in a fiduciary capacity; or (2) the fiduciary negligently causes or contributes to the release or threatened release.
Subtitle F: Miscellaneous - Directs the Federal Reserve Board to evaluate and report to the Congress whether the Electronic Fund Transfer Act could be applied to electronic stored value products without adversely impacting their cost, development, and operation.
(Sec. 2602) Amends FDIA to treat as administrative expenses of a receiver or conservator for an insured depository institution any final and unappealable judgment for monetary damages entered against such receiver or conservator for breach of a post-appointment agreement executed or approved by such receiver or conservator.
(Sec. 2603) Amends the Federal criminal code to: (1) increase the penalty for certain counterfeiting violations; and (2) establish criminal penalties for the production, sale, transportation, or possession of fictitious financial instruments purporting to be those of the States, political subdivisions, and of private organizations.
(Sec. 2604) Amends the Truth in Savings Act to repeal: (1) civil liability for violations of such Act; and (2) the definition of an on-premises display in a depository institution.
Redefines "depository institution" to exclude certain nonautomated credit unions (thus exempting them from such Act).
(Sec. 2605) Amends TILA to direct the Federal Reserve Board to: (1) promulgate regulations to update and clarify requirements and definitions applicable to lease disclosures and contracts; (2) publish model disclosure forms to facilitate compliance with disclosure requirements; and (3) consider, when establishing such model forms, the use of automated equipment by lessors.
Amends the guidelines governing requisite disclosures in consumer lease advertisements. Shields the owner or employee of an advertising medium from liability relating to such disclosures.
(Sec. 2606) Directs the Secretary of the Treasury to study and report to the Congress on: (1) the regulatory practices of the National Credit Union Administration Board with respect to the National Credit Union Share Insurance Fund; (2) the potential effects of the administration of that Fund by an entity other than the National Credit Union Administration; and (3) the investment practices and financial status of the ten largest corporate credit unions.
(Sec. 2607) Directs each Federal banking agency to report to the Congress on its actions regarding inconsistent or duplicative accounting and reporting requirements (differences between regulatory accounting principles and generally accepted accounting principles) affecting certain reports filed by insured depository institutions.
(Sec. 2608) Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to instruct the Federal Reserve Board to include in its annual report to the Congress a description of any discernible trend in the cost and availability of certain retail banking services in the nation as a whole, in each of the 50 States and in each consolidated metropolitan statistical area or primary metropolitan statistical area.
(Sec. 2609) Amends the Federal monetary code to continue the ban on gold clauses in contracts prior to 1977 unless all parties to a pre-1977 contract specifically agree to include such clause in the new agreement.
(Sec. 2610) Amends the Bank Holding Company Act of 1956 to exclude a qualified family partnership from the meaning of "company" under such Act.
(Sec. 2611) Expresses the sense of the Congress that financial institutions and Federal bank regulators should work cooperatively with farmers and ranchers in drought-affected communities to allow financial obligations to be met without imposing undue burdens.
(Sec. 2613) Renames the Bank Service Corporation Act as the Bank Service Company Act. Defines a "bank service company" as: (1) any corporation organized to perform certain services, and whose capital stock is totally owned by one or more insured banks; and (2) any limited liability company organized to perform certain services, whose members are all insured banks (thus authorizing bank service companies to organize as limited liability companies).
(Sec. 2614) Amends the FDIA to exclude from the definition of "deposit" (and thus from the jurisdiction of the Act) any depository institution liability arising under an annuity contract whose income is tax deferred under the Internal Revenue Code.
(Sec. 2615) Amends the Federal Credit Union Act to prohibit an insured credit union from being sponsored by, or accepting financial support from, any Government-sponsored enterprise (GSE) whose customers include members of such credit union. Excludes from the meaning of financial support any forms of financial assistance generally provided by a GSE in its ordinary course of business.
Amends the FDIA to prohibit a depository institution from being an affiliate of, sponsored by, or accepting financial support from any GSE. Exempts from such prohibition: (1) members of a depository institution in a Federal Home Loan Bank; and (2) financial assistance authorized by statute.
Subtitle G: Deposit Insurance Funds - Deposit Insurance Funds Act of 1996 - Directs the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) to impose a special assessment on the Savings Association Insurance Fund (SAIF)-assessable deposits of each insured depository institution at a rate that the Board, in its sole discretion, determines will cause the SAIF to achieve the designated reserve ratio on the first business day of the first month beginning after the date of enactment of this Act. Allows the Board to exempt weak institutions from such assessment, but requires exemption for certain newly chartered and other defined institutions, which shall pay semiannual assessments at certain former rates during calendar years 1996 through 1998, with a special rate provision for calendar 1999.
(Sec. 2702) Authorizes certain institutions facing hardship as a result of the special assessment to elect to pay it in two assessments, plus a third supplemental special assessment, determined according to specified formulae.
Prescribes adjustments of the special assessment for Bank Insurance Fund (BIF) member banks and certain savings associations.
Amends the Federal Deposit Insurance Act (FDIA) to require the 20 percent reductions to the adjusted attributable deposit amount for certain BIF members and to the special assessment for certain converted savings associations.
(Sec. 2703) Amends the Federal Home Loan Bank Act (FHLBA) and the FDIA to revise the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC) (rather than SAIF members only). Repeals specified limits on the amount that may be assessed.
Declares that assessments imposed upon insured depository institutions with respect to any BIF-assessable deposit shall be assessed at one fifth of the rate of the assessments imposed on insured depository institutions with respect to any SAIF-assessable deposit.
(Sec. 2704) Declares that the SAIF and the BIF shall be merged into the Deposit Insurance Fund, which shall have a Special Reserve for any excess of the SAIF reserve ratio over the designated reserve ratio. Makes conforming amendments to specified banking statutes.
(Sec. 2705) Amends the FDIA to establish a SAIF Special Reserve if the SAIF reserve exceeds the designated reserve ratio on January 1, 1999.
(Sec. 2706) Prescribes procedural guidelines for the refund of assessed payments in a deposit insurance fund in excess of the designated reserve amount.
(Sec. 2707) States that the assessment rate for a SAIF member may not be less than the assessment rate for a BIF member posing a comparable risk to the deposit insurance fund.
(Sec. 2708) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund.
(Sec. 2709) Instructs the Secretary of the Treasury to study and report to the Congress all issues relevant to the development of a common charter for all insured depository institutions and the abolition of separate and distinct charters between banks and savings associations.
(Sec. 2711) Allows as an income tax deductible business expenses any FDIC special assessment paid upon depository institution deposits in order to achieve the designated SAIF reserve ratio. States that the net operating loss deduction rules governing specified liability loss shall not apply to such tax deduction.
Title III: Spectrum Allocation Provisions - Requires the Federal Communications Commission: (1) to reallocate, by competitive bidding, the use of frequencies at 2305-2320 megahertz and 2345-2360 megahertz to wireless services that are consistent with international agreements concerning spectrum allocation; and (2) in making the bands of frequencies available, to seek to promote the most efficient use of the spectrum and to take into account the needs of public safety radio services.
Title IV: Adjustment of Paygo Balances - Requires the Directors of the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO), for FY 1997, to change to zero the balances of direct spending and receipts legislation, as computed under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings), if such balance for the fiscal year is not an increase in the deficit.
Title V: Additional Appropriations - Chapter 1 - Makes additional FY 1997 appropriations to the Department of Agriculture for: (1) Cooperative State Research, Education, and Extension Service; (2) Natural Resources Conservation Service (for waterway and watershed repairs resulting from Hurricanes Fran and Hortense); and (3) Farm Service Agency (for emergency expenses resulting from Hurricanes Fran and Hortense).
Chapter 2 - Authorizes the District of Columbia Financial and Management Assistance Authority (the Authority) to contract with a private entity or entities to carry out public school facility repair programs in the District of Columbia. Transfers a certain amount to the Authority for such purposes, to be derived according to specified transfers and reallocations. Directs the General Services Administration (GSA) to provide program management services to assist short-term management of D.C. public school repairs and capital improvements.
(Sec. 5202) Waives certain congressional review requirements, under the District of Columbia Self-Governing and Governmental Reorganization Act, in the case of a specified D.C. General Obligation Bond Act, if it is enacted by the D.C. Council.
(Sec. 5203) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (FRMAA) with respect to calculation of the review period for D.C. Council Acts, penalties for certain prohibited acts, and waiver of certain privacy requirements with respect to obtaining official data. Authorizes the Authority to review D.C. government rulemaking. Requires deposit of all D.C. government borrowed funds with the Authority during a control year. Grants the Authority additional power to issue general orders.
(Sec. 5204) Prohibits D.C. government funding for terminated employees or contractors, with specified exceptions for services already provided.
(Sec. 5205) Amends the District of Columbia School Reform Act of 1995 (SRA) with respect to the D.C. public charter school petition contents and filing and approval processes. Directs the D.C. government to give preference in leasing or purchasing public school facilities to public charter schools. Provides for charter renewal or revocation. Revises provisions relating to public charter schools and school board membership.
(Sec. 5206) Amends FRMAA to provide for disposition of certain school property and use of proceeds from such disposition.
Amends the Board of Education Real Property Disposal Act of 1990 to direct the Authority to administer the Board of Education Real Property Maintenance and Improvement Fund until an agency or authority is established within the D.C. government to administer a public schools facilities revitalization plan pursuant to SRA.
Chapter 3 - Makes additional emergency amounts available to the Army Corps of Engineers (Civil) for emergency expenses (relating to energy and water development) resulting from Hurricane Fran and other natural disasters in 1996.
(Sec. 5301) Prohibits the availability to the Tennessee Valley Authority (TVA) of funds in the Energy and Water Development Appropriations Act, 1997 if the TVA is imposing a performance deposit in connection with residential shoreline alteration permits.
Chapter 4 - Rescinds specified amounts for: (1) House of Representatives allowances and expenses for Government contributions to certain funds for employees' life insurance, retirement, Social Security, Medicare, health benefits, and worker's and unemployment compensation; and (2) Capitol Police salaries.
Provides additional amounts to: (1) the Capitol Police Board, for design and installation of security systems for the Capitol buildings and grounds; and (2) the Architect of the Capitol, for architectural and engineering services related to design and installation of such systems.
(Sec. 5401) Amends the Congressional Award Act to extend the duration of: (1) requirements for financial operations of the Congressional Award program; and (2) the Congressional Award Board.
(Sec. 5402) Designates the Founders Hall instructional area in the House of Representatives Page School as Bill Emerson Hall.
Chapter 5 - Makes additional FY 1997 appropriations (together with specified rescissions) to the Department of Transportation for: (1) the Federal Aviation Administration (FAA); (2) the Federal Highway Administration for the Emergency Disaster Relief program under the Highway Trust Fund's Federal-Aid Highways; (3) the Federal Railroad Administration for Northeast Corridor improvement, direct loan financing for the Alameda Corridor Project, and grants to the National Railroad Passenger Corporation (Amtrak); (4) the Research and Special Programs Administration, for vulnerability and threat assessments of the Nation's transportation system; and (5) the National Transportation Safety Board, for wreckage recovery reimbursements and other costs related to the TWA 800 accident investigation, and other emergency funds for accident investigations.
(Sec. 5501) Authorizes the FAA Administrator to establish at individual airports consortia of government and aviation industry representatives to advise on aviation security and safety.
(Sec. 5502) Permits the use of Federal Highway Administration emergency relief funds to halt erosion and stabilize a bank protecting a scenic highway or byway, if necessary to protect the highway from imminent failure and if less expensive than highway relocation.
(Sec. 5504) Requires conveyance of specified property in Traverse City, Michigan, to the Traverse City Area Public School District.
(Sec. 5505) Authorizes the Secretary of the Interior to convey in three parcels the land on which the U.S. Coast Guard Whitefish Point Light Station is situated to the Great Lakes Shipwreck Historical Society (in Sault Ste. Marie, Michigan), the U.S. Fish and Wildlife Service, and the Michigan Audubon Society, subject to specified conditions.
(Sec. 5506) Authorizes the Secretary of Transportation or the Secretary of the Interior, as appropriate, to convey: (1) Saint Helena Island Light Station (in MacKinac County, Moran Township, Michigan) to the Great Lakes Lighthouse Keepers Association; and (2) Presque Isle Light Station to Presque Isle Township, Presque Isle County, Michigan, subject to certain conditions.
Chapter 6 - Makes additional FY 1997 appropriations to: (1) the Department of the Treasury, for the Community Development Financial Institutions Fund Program Account; (2) the Environmental Protection Agency, for science and technology, environmental programs and management, and State and tribal assistance grants; (3) the Federal Emergency Management Agency, for the National Flood Insurance Fund, and for Federal, State, and local preparedness to mitigate and respond to the consequences of terrorism; (4) the Department of Health and Human Services, for the Office of Consumer Affairs; and (5) the National Aeronautics and Space administration, for science, aeronautics, and technology.
Chapter 7 - Makes additional FY 1997 appropriations for the following purposes relating to international security assistance: (1) under the Foreign Assistance Act of 1961, nonproliferation, anti-terrorism, demining, and related programs, and peacekeeping operations; and (2) under the Arms Export Control Act, the foreign military financing program.
Chapter 8 - Reserves specified amounts under the Department of Defense Appropriations Act, 1997 (DDAA) for the Corps Surface-to-Air Missile (CORPS SAM) program.
(Sec. 5802) Establishes in the Treasury a Support for International Sporting Competitions, Defense, account.
(Sec. 5803) Appropriates amounts in addition to those under DDAA for the Dual-Use Applications Program.
Division B: Oregon Resource Conservation Act of 1996 - Oregon Resource Conservation Act of 1996 - Title I(sic): Opal Creek Wilderness and Scenic Recreation Area - Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 - Provides that on the determination of the Secretary of Agriculture that certain parcels of land have been donated to the United States without encumbrances and that a binding agreement between the Secretary and owners of specified interests for the disposition of such interests to the Government has been executed: (1) certain land in the Willamette National Forest in Oregon shall be designated as the Opal Creek Wilderness (OCW); (2) the part of the Bull of the Woods Wilderness located within the Forest shall be incorporated into the OCW; and (3) the Secretary shall establish the Opal Creek Scenic Recreation Area within the Forest. Requires lands or interests conveyed to the United States to become part of the OCW or the Opal Creek Scenic Recreation Area as appropriate.
(Sec. 105) Requires, with respect to such Area, the Secretary to: (1) prepare a comprehensive Opal Creek Management Plan which shall become part of the land and resource management plan for the Forest; (2) permit recreation activities at no less than the levels in existence upon enactment of this Act; (3) prepare a transportation plan to maintain reasonable motorized and other access to recreation sites and facilities, including access by persons with disabilities (otherwise prohibits motorized vehicles in the Area); (4) permit hunting and fishing, with limitations; (5) prohibit the cutting or selling of trees, with specified exceptions; and (6) review and revise the inventory of cultural and historic resources on the public land in the Area. Withdraws Area lands from operations under the public land laws, mining laws, and mineral and geothermal leasing laws. Specifies exceptions applicable with respect to the Bornite Project. Places restrictions on new water impoundments in the Area.
Directs the Secretary to establish an advisory council for the Area and to consult with the Council and seek the views of private groups, individuals, the public, other government agencies, and nonprofit organizations regarding the Area.
(Sec. 107) Provides for the acquisition of lands within the Area. Authorizes the Secretary to conduct any necessary environmental response actions within the Area.
(Sec. 108) Provides for an equal-value land exchange between the Rosboro Lumber Company and the Government. Authorizes appropriations.
(Sec. 109) Amends the Wild and Scenic Recreation Rivers Act to designate Elkhorn Creek as a wild and scenic river.
(Sec. 109) Requires the Secretary, upon completion of a management plan and receipt of an economic development projects plan developed by the State of Oregon, to provide $15 million to Oregon to be used to make grants and loans for such projects that benefit the local communities in the vicinity of the Area. Requires the State to report annually on the use of such funds.
Title II: Upper Klamath Basin - Directs the Upper Klamath Basin Working Group, through the Klamath Basin Ecosystem Restoration Office, to propose ecological restoration projects, economic development and stability projects, and projects designed to reduce the impacts of drought conditions to be undertaken in the Upper Klamath Basin in Oregon based on a consensus of the Working Group membership. Requires the Secretary to pay up to 50 percent of the cost of such projects during FY 1997 through 2001 (with a $1 million annual limit).
Requires the Secretary to formulate a cooperative agreement among the Working Group, the Klamath River Basin Fisheries Task Force, the Trinity River Restoration Task Force, and the Klamath River Basin Compact Commission to ensure that projects proposed and funded through the Group are consistent with other basin-wide fish and wildlife restoration and conservation plans. Authorizes appropriations.
Title III: Deschutes Basin - Directs the Deschutes River Basin Working Group to propose ecological restoration projects on Federal and non-Federal lands and waters to be undertaken in the Deschutes River Basin based on a consensus of the Working Group membership, provided that such projects, when involving Federal land or funds, shall be proposed to the Bureau of Reclamation (BOR) in the Department of the Interior and other Federal agencies with affected land or funds. Requires BOR to pay up to 50 percent of the cost of such projects during FY 1997 through 2001 (with a $1 million annual limit). Authorizes appropriations.
Title IV: Mount Hood Corridor - Provides for an equal-value land exchange between Longview Fibre Company and the Secretary of the Interior. Requires: (1) all lands managed by the Department of the Interior, Bureau of Land Management (BLM), in the Mount Hood Corridor which can be seen from U.S. Highway 26 to be managed primarily for the protection or enhancement of scenic qualities; and (2) management prescriptions for other resource values associated with these lands to be planned and conducted for purposes other than timber harvest, so as not to impair scenic qualities in the Corridor. Allows timber cutting in the Corridor after a resource-damaging catastrophic event only for specified management objectives.
Requires Forest Service Road 2503 to remain closed, except for limited uses, to protect resources and to prevent illegal dumping and vandalism in the Corridor. Exempts this title from the National Environmental Policy Act of 1969 for one year. Authorizes appropriations.
Title V: Coquille Tribal Forest - Amends the Coquille Restoration Act to direct the Secretary of the Interior, two years after enactment of this title, to take approximately 5,400 acres in Coos County, Oregon, into trust for the Coquille Tribe. Designates such lands as the Coquille Forest. Provides for management of such lands by BLM in the interim two years. Directs the Assistant Secretary for Indian Affairs to initiate development of a forest management plan and the Secretary to assist in the transition of forest management operations to the Assistant Secretary.
Requires the Secretary to: (1) manage the Forest, acting through the Assistant Secretary for Indian Affairs, under applicable State and Federal forestry and environmental protection laws, subject to critical habitat designations under the Endangered Species Act and to the standards and guidelines of Federal forest plans on adjacent or nearby Federal lands, and in accordance with the laws pertaining to the management of Indian Trust lands; and (2) distribute revenues in accordance with existing Federal law.
Subjects unprocessed logs harvested from the Forest to the same Federal statutory restrictions on exportation to foreign nations that apply to unprocessed logs harvested from Federal lands.
Requires all sales of timber from land subject to this title to be advertised, offered, and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder.
Allows the Secretary, upon a satisfactory showing of management competence, to enter into a binding Indian self-determination agreement with the Tribe which provides for it to carry out all or a portion of the forest management for the Forest. Conditions the agreement on the: (1) Tribe entering into a binding Memorandum of Agreement (MOA) with Oregon relating to the establishment and management of the Forest; and (2) Secretary's authority to rescind the agreement without encumbrances.
Requires the Forest to remain open to public access for purposes of hunting, fishing, recreation, and transportation, except when closed by Federal or State law or when the Tribe and the State of Oregon agree in writing that access restrictions are necessary or appropriate to prevent harm to natural resources, cultural resources, or environmental quality.
Vests jurisdiction in the United States District Court for the District of Oregon over actions: (1) against the Secretary arising out of claims that this title has been violated; and (2) between Oregon and the Tribe arising out of claims of breach of the MOA. Prohibits suits against the Secretary for claims that the MOA has been violated. Limits remedies available under this title to equitable relief and excludes damages.
Specifies exclusive regulatory civil jurisdiction vested in the State of Oregon.
Title VI: Bull Run Watershed Protection - Requires the Secretary of Agriculture to prohibit timber cutting within the hydrographic boundary of the Bull Run River Drainage, including certain lands within the unit and located below the headworks of Portland, Oregon's water storage and delivery project, except for the: (1) protection or enhancement of water quality in the area; (2) protection, enhancement, or maintenance of water quantity available from the area; (3) construction, expansion, protection, or maintenance of municipal water supply facilities; or (4) construction, expansion, protection, or maintenance of facilities for the transmission of energy through and over the unit or previously authorized hydroelectric projects associated with such facilities. Prohibits the Secretary from authorizing a salvage sale in the Area.
(Sec. 605) Requires the Secretary of Agriculture to study and report to specified congressional committees on that part of the Little Sandy Watershed that is within the Bull Run Management Unit (study area) to determine: (1) the impact of management activities within the study area on the quality of drinking water provided to the Portland metropolitan area; (2) the identity and location of certain ecological features within the study area; and (3) the location and extent of any significant cultural or other values within the study area. Prohibits the Secretary from advertising, offering, or awarding any timber sale within the study area for a two-year period after the enactment of this title.
(Sec. 606) Provides that lands within the Bull Run Management Unit but not contained within the Bull Run River Drainage shall continue to be managed in accordance with existing Federal law.
Title VII: Oregon Islands Wilderness, Additions - Designates as wilderness: (1) certain lands within the boundaries of the Oregon Islands National Wildlife Refuge, Oregon; and (2) all other federally owned rocks, reefs, islets, and islands lying within three geographic miles off the Oregon coast and above mean high tide and also within the Refuge boundaries under the administration of the U.S. Fish and Wildlife Service or presently under the jurisdiction of BLM.
Makes permanent Public Land Order 6287 which withdrew certain rocks, reefs, islets, and islands lying within three geographical miles off the coast of Oregon and above mean high tide as an addition to the Oregon Islands National Wildlife Refuge.
Title VIII: Umpqua River Land Exchange Study - Directs the Secretaries of the Interior and Agriculture to: (1) consult, coordinate, and cooperate with the Umpqua Land Exchange Project (ULEP), affected units and agencies of State and local government, and, as appropriate, the World Forestry Center and National Fish and Wildlife Foundation to assist ULEP's ongoing efforts in studying and analyzing land exchange opportunities in the Umpqua River basin and to provide assistance and information to such entities; and (2) report thereon to specified congressional committees. Lists priority matters for specific study by the Secretaries, including identifying: (1) areas where consolidation of land ownership could promote long term species protection; (2) areas where land exchanges might be utilized to better satisfy sustainable timber harvest goals; and (3) options to insure that post-exchange revenues will approximate pre-exchange revenues.
(Sec. 803) Authorizes appropriations.
Division C: Illegal Immigration Reform and Immigrant Responsibility Act of 1996 - Illegal Immigration Reform and Immigrant Responsibility Act of 1996 - Title I(sic): Improvements to Border Control, Facilitation of Legal Entry, and Interior Enforcement - Subtitle A: Improved Enforcement at the Border - Directs the Attorney General to increase the number of Border Patrol agents through FY 2001. Authorizes the increase of Border Patrol support personnel.
(Sec. 102) Provides for barrier and road improvements at U.S. border areas of high illegal entry, including San Diego, California. Authorizes appropriations for San Diego area improvements.
(Sec. 103) Provides for: (1) improved border equipment and technology; and (2) biometric identifiers to be included in border crossing identification cards.
(Sec. 105) Establishes civil penalties for illegal U.S. entry.
(Sec. 106) Provides for a review of Immigration and Naturalization Service (INS) hiring and training standards.
(Sec. 107) Directs the Comptroller General to evaluate the Attorney General's border strategy.
(Sec. 108) Amends Federal criminal law to establish criminal penalties for high speed flights from immigration checkpoints.
(Sec. 109) Provides for: (1) a joint study of automated data collection at points of entry; and (2) development of an automated (alien) entry-exit control system.
(Sec. 111) Directs the Attorney General to submit a final plan for the realignment of interior Border Patrol positions to front-line border positions.
(Sec. 112) Authorizes additional appropriations for the INS IDENT program for fingerprinting of apprehended aliens.
Subtitle B: Facilitation of Legal Entry - Directs the Attorney General and the Secretary of the Treasury to increase the number of land border inspectors for FY 1997 and 1998.
(Sec. 122) Amends the Immigration and Nationality Act (Act) to: (1) extend (and enlarge) through FY 2000 land border inspection projects (including commuter lanes); and (2) authorize automated land border entry pilot projects.
(Sec. 123) Provides for: (1) preinspection at specified foreign airports serving as departure points for high numbers of inadmissible aliens; and (2) training of airline personnel in fraudulent documentation detection. Establishes a carrier consultant program.
(Sec. 125) Authorizes the Attorney General to permit foreign officer at U.S. preclearance facilities. Bases their authority and immunity upon reciprocity with U.S. immigration officers.
Subtitle C: Interior Enforcement - Authorizes appropriations to increase the number of INS investigators and support personnel assigned to investigate: (1) visa overstayers; and (2) employer violations and alien smuggling.
(Sec. 133) Amends the Act to authorize the Attorney General to accept State services to carry out immigration enforcement activities.
(Sec. 134) Requires at least ten full-time INS agents per State.
Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize INS wiretaps for alien smuggling or document fraud investigations; (2) include alien document and smuggling offenses; and (3) include such offenses within the parameters of the Racketeer Influenced and Corrupt Organizations statute (RICO) if done for financial gain.
(Sec. 203) Amends the Act to revise and increase criminal penalties for alien smuggling.
(Sec. 204) Increases the number of Assistant United States Attorneys by at least 25, and provides for their assignment to criminal matters involving illegal aliens.
(Sec. 205) Authorizes and provides for INS undercover operations.
Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses, including false citizenship claims and unlawful voting.
Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal and penalty provisions, including: (1) inadmissibility of previously removed unlawful aliens; (2) inspection and expedited removal (including a required General Accounting Office study); (3) alien apprehension and detention; (4) removal procedures; (5) judicial review; and (6) penalties relating to removal.
Sets forth transition provisions.
Subtitle B: Criminal Alien Provisions - Amends the Act to revise the definition of "aggravated felony."
(Sec. 323) Authorizes special registration of aliens on criminal probation or parole.
(Sec. 324) Extends criminal liability for illegal reentry to an alien who has departed the United States while under an outstanding order of exclusion or deportation.
(Sec. 326) Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) direct INS to operate a criminal alien identification system, including fingerprint identification; and (2) increase and extend authorization of appropriations through FY 2001 for the criminal alien tracking center.
(Sec. 328) Amends the Act to permit the use of State criminal alien assistance program funds for State, local, and municipal alien incarceration costs. Expresses the sense of the Congress that such funds should be more expeditiously distributed.
(Sec. 329) Authorizes the Attorney General to conduct a six-month demonstration project for identification of illegal aliens in local prisons, including the detailing of an INS specialist to Anaheim, California, and Ventura County, California.
(Sec. 330) Provides for: (1) the President to negotiate or renegotiate bilateral (alien) prisoner transfer treaties, including provision of compensation; and (2) training of foreign law enforcement personnel. Authorizes appropriations.
(Sec. 331) Directs the Secretary of State and the Attorney General to conduct a prisoner transfer treaties study.
(Sec. 332) Directs the Attorney General to submit an annual report on criminal aliens.
(Sec. 333) Directs the United States Sentencing Commission to: (1) review and promulgate sentencing guidelines with respect to a person conspiring with or assisting an alien to commit an offense under the Controlled Substance Import and Export Act; and (2) promulgate sentencing guidelines for increased penalties for failure to depart, illegal reentry, and passport and visa fraud.
Subtitle C: Revision of Grounds for Exclusion and Deportation - Amends the Act to require (with exceptions) proof of specified health vaccinations for aliens seeking admission as immigrants or for adjustment of status.
(Sec. 342) Makes "incitement of terrorist activity" a basis for exclusion.
(Sec. 343) Establishes certification requirements for aliens seeking U.S. health care employment (other than physicians).
(Sec. 344) Provides for exclusion and deportation of aliens who have falsely claimed U.S. citizenship.
(Sec. 345) Authorizes a waiver of exclusion or deportation for civil document fraud under specified family-related circumstances.
(Sec. 346) Makes an alien inadmissible for five years for student visa violations.
(Sec. 347) Amends Federal criminal law to provide for exclusion and deportation of an alien who has illegally voted.
(Sec. 348) Amends the Act with respect to waivers of inadmissibility for: (1) immigrants convicted of crimes; and (2) family hardship.
(Sec. 350) Establishes grounds for exclusion and deportation for offenses of domestic violence, stalking, crimes against children, and violation of protection orders.
(Sec. 352) Provides for exclusion of former U.S. citizens who renounced citizenship in order to avoid U.S. taxation.
Subtitle D: Changes in Removal of Alien Terrorist Provisions - Amends the Act to revise alien terrorist special removal procedures, including establishment of a panel of special attorneys with access to classified information.
(Sec. 355) Revises terrorist related provisions regarding: (1) exclusion for membership; (2) judicial review of terrorist organization designation; and (3) voluntary departure.
Subtitle E: Transportation of Aliens - Amends the Act with regard to vessel, aircraft, and railway transportation of illegal aliens into the United States.
Subtitle F: Additional Provisions - Amends the Act to set forth immigration judge (special inquiry officer) compensation provisions.
(Sec. 372) Authorizes the Attorney General to delegate immigration enforcement to State and local officials during circumstances of mass alien arrivals.
(Sec. 373) Authorizes payments and cooperative agreements for services, facilities, and equipment with respect to aliens detained by INS in non-Federal institutions.
(Sec. 374) Extends the scope of judicial deportation.
(Sec. 376) Establishes in the Treasury an Immigration Detention Account.
(Sec. 377) Limits court jurisdiction on legalization litigation.
(Sec. 380) Establishes: (1) civil penalties for failure to depart; and (2) the Immigration Enforcement Account in the Treasury.
(Sec. 383) Amends the Immigration Act of 1990 to exclude aliens who have committed certain crimes from the family unity program.
(Sec. 384) Prohibits (with exceptions) an adverse determination of an alien's admissibility or deportability to be made based solely upon information furnished by a spouse or parent who has battered such alien or his or her child. Establishes penalties for use or disclosure of such information.
(Sec. 385) Authorizes additional appropriations to the Attorney General for removal of inadmissible or deportable aliens.
(Sec. 386) Provides for an increase in INS detention facilities. Requires the Attorney General to report on alien detention space, including an estimate of the number of released deportable or excludable aliens.
(Sec. 387) Directs the Attorney General and the Secretary of Defense to establish one or more pilot programs to use closed military bases as detention centers for excludable or deportable aliens.
(Sec. 388) Directs the Attorney General to report on the interior repatriation program.
Title IV: Enforcement of Restrictions Against Employment - Subtitle A: Pilot Programs for Employment Eligibility Confirmation - Directs the Attorney General to conduct: (1) three employment eligibility confirmation pilot programs and a pilot program confirmation system; and (2) a citizen attestation pilot program.
Subtitle B: Other Provisions Relating to Employer Sanctions - Reduces specified document requirements in the employer sanctions program.
(Sec. 413) Requires reports regarding: (1) additional authority or resources needed for employer sanction enforcement; and (2) earnings of aliens not authorized to work.
(Sec. 415) Authorizes the Attorney General to require aliens to provide their social security numbers.
(Sec. 416) Grants certain immigration officers witness and document subpoena authority.
Subtitle C: Unfair Immigration-Related Employment Practices - Amends the Act to provide that certain employee document requests by an employer shall only be considered as unfair immigration related employment practices if made for discriminatory purposes.
Title V: Restrictions on Benefits for Aliens - Subtitle A: Eligibility of Aliens for Public Assistance and Benefits - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make certain battered aliens eligible for public benefits.
(Sec. 502) Authorizes States to conduct pilot programs of denying driver's licenses to illegal aliens.
(Sec. 503) Amends the Social Security Act to make illegal aliens ineligible for social security benefits.
(Sec. 504) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to direct the Attorney General to establish procedures for requiring proof of citizenship for Federal public benefits.
(Sec. 505) Makes illegal aliens ineligible for in-state tuition rates at institutions of higher learning.
(Sec. 506) Directs: (1) the Comptroller General to report on illegal alien receipt of postsecondary Federal student financial assistance; and (2) the Secretary of Education and the Commissioner of Social Security to report on the computer matching program.
(Sec. 507) Amends the Social Security Act and the Higher Education Act of 1965 with respect to the transfer of information for INS verification.
(Sec. 508) States that nonprofit charitable organizations shall not be required to verify applicant eligibility.
(Sec. 509) Directs the Comptroller General to report on the extent to which means-tested public benefits are being paid to ineligible aliens on behalf of eligible persons.
Subtitle B: Public Charge Exclusion - Amends the Act to expand the public charge grounds for exclusion.
Subtitle C: Affidavits of Support - Amends the Act, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, to revise sponsor affidavit of support requirements. Exempts indigents and battered spouses and children from sponsor attribution of income provisions.
(Sec. 553) Authorizes States and their subdivisions to limit (but not more so than Federal limits) the public assistance eligibility of aliens or classes of aliens.
Subtitle D: Miscellaneous Provisions - Amends Federal criminal law to increase penalties for forging or counterfeiting a Federal agency or department seal to facilitate alien benefit fraud.
(Sec. 563) Sets forth State and local emergency medical reimbursement provisions.
(Sec. 564) Directs the Attorney General to establish a three-year pilot program to permit aliens to post certain public charge bonds. Authorizes appropriations.
Subtitle E: Housing Assistance - Use of Assisted Housing by Aliens Act of 1996 - Amends the Housing and Community Development Act of 1980 with respect to: (1) prorating public housing assistance based upon family member eligibility; (2) prohibiting assistance prior to establishment and verification of eligibility; and (3) prohibiting sanctions against entities that make erroneous eligibility determinations.
Subtitle F: General Provisions - States that this title and its amendments shall be effective upon enactment of this Act.
Title VI: Miscellaneous Provisions - Subtitle A: Refugees, Parole, and Asylum - Amends the Act to include in the definition of "refugee" a person who has been subject to a coercive population control program (including abortion or sterilization). Provides for a specified number of such entrants annually.
(Sec. 602) Makes parole authority useable on a case-by-case basis for humanitarian reasons or significant public benefit.
(Sec. 603) Includes long-term parolees in world-wide levels of family-sponsored immigrants.
(Sec. 604) Revises asylum provisions.
(Sec. 605) Directs the Attorney General, subject to appropriation availability, to increase the number of asylum officers.
(Sec. 606) Repeals the Cuban Adjustment Act, effective upon a presidential determination of a democratically elected government in Cuba.
Subtitle B: Miscellaneous Amendments to the Immigration and Nationality Act - Amends the Act, as amended by the Violent Crime Control and Law Enforcement Act of 1994, to increase the number of "witness cooperation" visas.
(Sec. 622) Amends the Immigration and Technical Corrections Act of 1994 to extend, through June 1, 2002, the foreign country residence waiver for international medical graduates. Sets forth restrictions for federally requested waivers.
(Sec. 623) Revises legalization and special agricultural worker confidentiality provisions to permit specified disclosures.
(Sec. 624) States that a labor certification and petition for certain professional athletes shall remain valid for same-sport team changes.
(Sec. 625) Prohibits foreign student status for an alien in a public elementary school or a publicly funded adult education program. Prohibits such status at a public secondary school unless the period in question does not exceed 12 months and the alien has reimbursed the appropriate school agency. Prohibits transfer from a private educational program to such public programs unless the required provisions are met.
(Sec. 626) Authorizes the Attorney General to use appropriated funds to transport for burial the remains of INS officers or Border Patrol agents killed in the line of duty.
Subtitle C: Provisions Relating to Visa Processing and Consular Efficiency - Amends the Act to: (1) extend immigrant visa validity to six months; and (2) authorize nonimmigrant visa reciprocity for refugees and permanent residents.
(Sec. 632) Eliminates "consular shopping" for visa overstayers.
(Sec. 635) Extends the visa waiver program through FY 1997. Sets forth duration and termination provisions based upon a participating country's (nationals) disqualification rate.
(Sec. 636) Authorizes a diversity immigrant lottery fee.
(Sec. 637) Grants FY 1997 priority eligibility to certain FY 1995 diversity program aliens.
Subtitle D: Other Provisions - Directs the Attorney General to collect specified foreign student information from certain institutions of higher education and visitor exchange programs. Expands the program to all countries' nationals after a specified time.
(Sec. 642) Prohibits restrictions on INS-governmental communications.
(Sec. 644) Directs INS to make information (including legal consequences) available to aliens regarding female genital mutilation. Amends Federal criminal law to establish criminal penalties for such acts performed on persons under 18 years old, with specified exceptions.
(Sec. 646) Provides for status adjustment to permanent resident of specified Polish and Hungarian parolees.
(Sec. 647) Makes specified funds available in FY 1997 through 2001 for naturalization demonstration projects.
(Sec. 649) Amends Federal law to provide for Federal vessel movement controls in instances of anticipated or actual mass migration of aliens to the United States.
(Sec. 650) Directs the Attorney General to report on the practices of entities that administer certain English and civics tests.
(Sec. 651) Designates a specified United States Customs Administrative Building in El Paso, Texas, as the "Timothy C. McCaghren Customs Administrative Building."
(Sec. 652) Requires: (1) the Attorney General to report on the mail order bride business; and (2) such businesses to disseminate immigration-related information to recruits. Imposes civil penalties for noncompliance.
(Sec. 653) Directs the Comptroller General to report on the effectiveness of the H-2A nonimmigrant worker program.
(Sec. 654) Directs the Commissioner of the United States Customs Service to report on allegations of commercial harassment by Canadian customs agents along the United States - New Brunswick border. Expresses the sense of the Congress concerning the discriminatory application of the New Brunswick Provincial Sales Tax on goods purchased in the United States by New Brunswick residents.
(Sec. 656) States that Federal agencies shall only accept birth certificates and drivers licenses for identification purposes that meet specified standards (as of specified dates). Provides grants to assist States to: (1) meet such Federal standards; and (2) match birth and death records.
(Sec. 657) Directs the Commissioner of Social Security to develop a prototype of a counterfeit-proof social security card.
(Sec. 658) Authorizes the Attorney General to transfer equipment and memorabilia to the Border Patrol Museum and Memorial Library Foundation in Texas.
(Sec. 660) Amends Federal law to authorize INS to use National Guard personnel and equipment to transport certain criminal aliens.
Subtitle E: Technical Corrections - Makes technical amendments to: (1) the Violent Crime Control and Law Enforcement Act of 1994; (2) the Immigration and Nationality Technical Corrections Act of 1994; (3) the Immigration Reform and Control Act of 1986; (4) the Immigration Act of 1990; (5) the Intelligence Authorization Act, Fiscal Year 1990; and (6) the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
Division D: Small Business Programs Improvement Act - Small Business Programs Improvement Act of 1996 - Title I(sic): Amendments to Small Business Act - Amends the Small Business Act (the Act) to direct the Administrator of the Small Business Administration (SBA) to establish a loan risk management database capable of providing timely and accurate information for identifying loan underwriting, collections, recovery, and liquidation problems. Outlines information to be maintained in such database. Provides deadlines for database operational capability.
(Sec. 103) Authorizes the Administrator to permit lenders participating in the Certified Lenders Program to liquidate loans guaranteed by the SBA pursuant to a liquidation plan approved by the Administrator.
Prohibits more than ten percent of the total small business loans guaranteed by the SBA in a fiscal year from being awarded as part of an SBA pilot program commenced on or after October 1, 1996.
Authorizes the Administrator to carry out the low documentation loan program for loans of $100,000 or less only through lenders with significant experience making small business loans. Requires the Administrator to promulgate regulations defining the experience necessary for lenders.
Prohibits, beginning on March 31, 1997, the sale of the unguaranteed portion of any SBA loan until the promulgation of a final regulation which: (1) applies uniformly to both depository institutions and other lenders; and (2) sets forth sale terms and conditions.
Provides for appropriate interest payments for banks or other institutions making a claim for payment on the guaranteed portion of an SBA loan.
Directs the Administrator to: (1) submit to the Senate and House Small Business Committees (small business committees) a detailed plan for consolidating in one or more centralized centers the performance of the various loan servicing functions with respect to SBA-guaranteed loans; and (2) commence a standard review program for the Preferred Lender program.
Requires the Administrator to conduct, through a private contractor, a comprehensive assessment of the performance of SBA small business loan programs, addressing specified matters, including default rates. Provides contract funding. Requires a report concerning such assessment: (1) from the contractor to the Administrator; and (2) from the Administrator to the small business committees.
(Sec. 104) Directs the Administrator to conduct a demonstration program under which a sample of SBA private sector disaster loans are evaluated to determine the costs and benefits of having the SBA's portfolio of disaster loans serviced under contract rather than directly by SBA employees. Requires: (1) the demonstration program to commence no later than October 1, 1997; and (2) the Administrator to submit interim and final reports to the small business committees on program results. Includes commercial fishery failures or fishery resource disasters within the parameters of the disaster loan program.
(Sec. 105) Revises the technical assistance grant and spending limitation requirements under the Microloan Demonstration Program (a program providing grants to women, low-income, and other underprivileged and minority businesses) to authorize the Administrator to award grant funds to a State in excess of 125 percent of the authorized per-State amount when the Administrator determines that a portion of the appropriated microloan funds are unlikely to be awarded during a fiscal year.
(Sec. 106) Amends the Small Business Development Center Program to: (1) provide that the Associate Administrator for Small Business Development Centers shall be responsible for the management and administration of such program and shall not be subject to the approval or concurrence of SBA officials; (2) replace references to the Deputy Associate Administrator of the Small Business Development Center program and the Deputy Associate Administrator for Management Assistance with references to the Associate Administrator; and (3) prohibit the SBA, after FY 2000, from renewing or extending any cooperative agreement with a center that has not been approved under a certification program. Provides for a waiver of such prohibition by the Associate Administrator when the center is making a good faith effort to obtain certification.
(Sec. 107) Repeals the authority of the SBA to hold seminars to make small businesses aware of opportunities under the small business development center program.
(Sec. 108) Amends the Small Business Competitiveness Demonstration Program Act of 1988 to: (1) extend such Program through FY 2000; (2) repeal a provision which prohibits the SBA from adjusting the numerical size standards for the designated industry groups participating in the Program; (3) revise the establishment and termination dates of a simplified data collection system under such Program; and (4) extend reporting requirements under the Program to conform with the Program's extension.
(Sec. 109) Repeals on September 29, 1996, a provision of the Small Business Guaranteed Credit Enhancement Act of 1993 which was to repeal, on September 30, 1996, provisions of such Act relating to the authority of the SBA to impose secondary marketing fees and to reduce loan guarantee percentages.
(Sec. 110) Extends through FY 1997 the pilot Small Business Technology Transfer Program.
(Sec. 111) Provides the SBA level of participation for loans made on a deferred basis under the Export Working Capital Program.
Title II: Amendments to Small Business Investment Act - Amends provisions of the Small Business Investment Act of 1958 relating to the development company debenture program to require that not less than 50 percent of the total cost of plant acquisition, construction, conversion, or expansion projects under such program be derived from State or local governments, banks or other financial institutions, foundations or other nonprofit institutions, or the small business concern receiving assistance through a body authorized under the program. Provides specified requirements with respect to the funding derived from a participating small business concern. Increases the loan guarantee fee authorized to be collected by the SBA for development company debentures. Authorizes the SBA to: (1) impose a one-time participation fee on all participating institutions named above other than a small business concern; and (2) collect annually from each development company a specified percentage of the outstanding balance of any guaranteed debenture authorized by the SBA after September 30, 1996.
(Sec. 203) Provides required actions upon default of a debenture guaranteed by the SBA, including purchase or acceleration of the debenture and prepayment penalties.
(Sec. 204) Directs the Administrator to carry out a loan liquidation pilot program under which certain development companies authorized to make loans and issue debentures under the Act are selected by the Administrator to carry out loan liquidations. Directs participating development companies, as part of the pilot program, to perform all liquidation and foreclosure functions for SBA-guaranteed loans, subject to a loan liquidation plan approved in advance by the Administrator. Outlines SBA authority under the pilot program. Requires a report from the Administrator to the small business committees on the pilot program.
(Sec. 205) Amends a provision of the Act relating to the registration of certificates representing ownership of a portion of one or more SBA-guaranteed small business loans to state that nothing shall prohibit the utilization of a book entry or other electronic form of registration for such certificates. Authorizes the Administrator to use the book-entry system of the Federal Reserve System. Provides identical book-entry authority (without reference to the use of the Federal Reserve System) for certificates sold under the small business investment company program and the development company program.
(Sec. 206) Directs the SBA to act promptly upon an application from a surety to participate in the Preferred Surety Bond Guarantee Program. Authorizes the SBA to reduce the allotment of bond guarantee authority or terminate the participation of a surety in the Program.
(Sec. 207) Expresses the sense of the Congress that the subsidy models prepared by the Office of Management and Budget relative to SBA loan programs tend to overestimate and overemphasize potential and historical losses under such programs. Mandates an independent study to more accurately reflect the budgetary implications of such programs.
(Sec. 208) Amends the Small Business Investment Act of 1958 to provide that an investment in a small business by a venture capital firm, investment company, employee welfare or pension plan, or tax-exempt organization shall be disregarded in the determination of the size of the small business under the Act.
Includes as a small business investment company (SBIC) a limited liability company organized and operated in accordance with a State statute approved by the SBA.
Requires each SBIC license applicant to apply to the Administrator. Requires the Administrator to provide a status report to such applicant within 90 days and to act on such application within a reasonable time. Specifies matters to be considered. Provides application approval procedures for certain applicants with private capital of not less than $3 million.
Repeals a provision authorizing the organization and chartering of SBICs formed to provide financing to socially or economically disadvantaged persons.
Increases the private capital requirement of SBICs to: (1) $5 million; or (2) $10 million for applicants seeking authority to issue participating securities to be purchased or guaranteed by the SBA (with an exception in special circumstances and for good cause). Requires the Administrator to determine the adequacy of the private capital of each licensee. Authorizes the Administrator to approve leverage for licensees: (1) with private capital of not less than $2.5 million; (2) that certify that at least 50 percent of its available financing will be provided to smaller enterprises; and (3) when such action would not create or otherwise contribute to an unreasonable risk of default or loss for the Government. Directs the Administrator to ensure that the management of each licensee licensed after the enactment of this Act is sufficiently diversified from, and unaffiliated with, licensee ownership.
Requires the Administrator to: (1) prohibit a licensee having outstanding leverage (debentures or securities guaranteed by the SBA) from incurring third party debt that creates or contributes to an unreasonable risk of default or loss to the Government; and (2) permit such licensees to incur third party debt only on established terms and conditions. Directs the Administrator: (1) to require each licensee, as a condition of approval of an application for leverage, to certify that not less than 20 percent of its financing will be provided to smaller enterprises; and (2) before approving such applications, to determine to what extent the applicant's private capital has been impaired. Provides, with respect to SBIC debentures or securities purchased and guaranteed by the SBA, for: (1) a revised equity investment requirement; (2) a leverage fee; and (3) calculation of the appropriate subsidy rate.
Allows qualified private sector entities to assist the Investment Division of the SBA in the examination of SBICs. Requires each SBIC licensee to submit semiannual evaluations of its loans and investments, except that licensees with no outstanding leverage shall submit such valuations annually. Requires the licensee to notify the Administrator quarterly of any material adverse changes in its loans, investments, or operations. Provides independent certification and audit requirements for SBICs. Requires valuation criteria to be established or approved by the Administrator.
Directs the Administrator to submit to the small business committees a detailed plan to expedite the orderly liquidation of all licensee assets held in liquidation, including those held in receivership or trust by the SBA.
Authorizes the Administrator, with respect to deferred participation loans, to allow participating lending institutions to take actions relating to loan servicing on behalf of the Administrator.
Increases to $300 million the amount of guarantees of debentures the Administrator is authorized to make for SBIC programs in FY 1997.
Division E: Title I(sic): California Bay-Delta Environmental Enhancement and Water Security Act - California Bay-Delta Environmental Enhancement and Water Security Act - Authorizes appropriations for FY 1998 through 2000 for the initial Federal share of the cost of developing and implementing: (1) a specified portion of an ecosystem protection plan for the San Francisco Bay Sacramento-San Joaquin Delta Watershed (Bay-Delta) in California; and (2) the ecosystem restoration elements of the long-term California-Federal Bay-Delta Program.
Requires funds authorized to be appropriated to agencies that are currently or that subsequently become Program participants to be in addition to the baseline funding levels established in this Act for currently authorized projects and programs under the Central Valley Project Improvement Act and other currently authorized Federal programs for the purpose of Bay-Delta ecosystem protection and restoration.
Authorizes agencies and departments that are or that become participants in the Program to undertake the activities and programs for which Federal cost sharing is provided by this Act. Requires the United States to immediately initiate coordinated consultations and negotiations with California to expeditiously execute a specified cost-sharing agreement signed by its Governor on July 11, 1996.
Directs the Office of Management and Budget to submit to the House and Senate Committees on Appropriations, as part of the President's FY 1998 Budget, an interagency budget crosscut that displays Federal spending for FY 1993 through 1998 on ecosystem restoration and other purposes in the Bay-Delta Region, separately showing funding provided previously or requested under pre-existing authorities and new authorities granted by this Act.