Text: H.R.1871 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-18 (06/12/1997)

 
[105th Congress Public Law 18]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ18.105]


[[Page 157]]

1997 EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR RECOVERY FROM NATURAL 
  DISASTERS, AND FOR OVERSEAS PEACEKEEPING EFFORTS, INCLUDING THOSE IN 
                                 BOSNIA

[[Page 111 STAT. 158]]

Public Law 105-18
105th Congress

                                 An Act


 
 Making emergency supplemental appropriations for recovery from natural 
  disasters, and for overseas peacekeeping efforts, including those in 
  Bosnia, for the fiscal year ending September 30, 1997, and for other 
            purposes. <<NOTE: June 12, 1997 -  [H.R. 1871]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of <<NOTE: 1997 Emergency Supplemental Appropriations Act 
for Recovery from Natural Disasters, and for Overseas Peacekeeping 
Efforts, Including Those in Bosnia.>>  America in Congress assembled,

    That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for recovery from natural 
disasters, and for overseas peacekeeping efforts, including those in 
Bosnia, for the fiscal year ending September 30, 1997, and for other 
purposes, namely:

  TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF 
                                 DEFENSE

                                CHAPTER 1

                     DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$306,800,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$7,900,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$300,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

[[Page 111 STAT. 159]]

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$29,100,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                        OPERATION AND MAINTENANCE

              Overseas Contingency Operations Transfer Fund

                      (including transfer of funds)

    For an additional amount for ``Overseas Contingency Operations 
Transfer Fund'', $1,430,100,000: Provided, That the Secretary of Defense 
may transfer these funds only to Department of Defense operation and 
maintenance accounts: Provided further, That the funds transferred shall 
be merged with and shall be available for the same purposes and for the 
same time period, as the appropriation to which transferred: Provided 
further, That the transfer authority provided in this paragraph is in 
addition to any other transfer authority available to the Department of 
Defense: Provided further, That such amount is designated by Congress as 
an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                      OPLAN 34A/35 P.O.W. Payments

    For payments to individuals under section 657 of Public Law 104-201, 
$20,000,000, to remain available until expended.

                     REVOLVING AND MANAGEMENT FUNDS

               Reserve Mobilization Income Insurance Fund

    For an additional amount for the ``Reserve Mobilization Income 
Insurance Fund'', $72,000,000, to remain available until expended: 
Provided, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                      GENERAL PROVISIONS, CHAPTER 1

                           (transfer of funds)

    Sec. 101. The Secretary of the Navy shall transfer up to $23,000,000 
to ``Operation and Maintenance, Marine Corps'' from the following 
accounts in the specified amounts, to be available only for reimbursing 
costs incurred for repairing damage caused by hurricanes, flooding, and 
other natural disasters during 1996 and 1997 to real property and 
facilities at Marine Corps facilities (including Camp Lejeune, North 
Carolina; Cherry Point, North Carolina; and the Mountain Warfare 
Training Center, Bridgeport, California);
            ``Military Personnel, Marine Corps'', $4,000,000;
            ``Operation and Maintenance, Marine Corps'', $11,000,000;

[[Page 111 STAT. 160]]

            ``Procurement of Ammunition, Navy and Marine Corps, 1996/
        1998'', $4,000,000; and
            ``Procurement, Marine Corps, 1996/1998'', $4,000,000.

    Sec. 102. In addition to the amounts appropriated in title VI of the 
Department of Defense Appropriations Act, 1997 (as contained in section 
101(b) of Public Law 104-208), under the heading ``Defense Health 
Program'', $21,000,000 is hereby appropriated and made available only 
for the provision of direct patient care at military treatment 
facilities.
    Sec. 103. In addition to the amounts appropriated in title II of the 
Department of Defense Appropriations Act, 1997 (as contained in section 
101(b) of Public Law 104-208), under the heading ``Operation and 
Maintenance, Defense-Wide'', $10,000,000 is hereby appropriated and made 
available only for force protection and counter-terrorism initiatives.
    Sec. 104. In addition to the amounts provided in Public Law 104-208, 
$25,800,000 is appropriated under the heading ``Overseas Humanitarian, 
Disaster and Civic Aid'': Provided, That from the funds available under 
that heading, the Secretary of Defense shall make a grant in the amount 
of $25,800,000 to the American Red Cross for Armed Forces emergency 
services.
    Sec. 105. Report <<NOTE: President.>>  on Cost and Source of Funds 
for Military Activities Relating to Bosnia.--(a) Not later than 60 days 
after enactment of this Act, the President shall submit to Congress the 
report described in subsection (b).

    (b) Report Elements.--The report referred to in subsection (a) shall 
include the following:
            (1) A detailed description of the estimated cumulative cost 
        of all United States activities relating to Bosnia after 
        December 1, 1995, including--
                    (A) the cost of all deployments, training 
                activities, and mobilization and other preparatory 
                activities of the Armed Forces; and
                    (B) the cost of all other activities relating to 
                United States policy toward Bosnia, including 
                humanitarian assistance, reconstruction assistance, aid 
                and other financial assistance, the rescheduling or 
                forgiveness of bilateral or multilateral aid, in-kind 
                contributions, and any other activities of the United 
                States Government.
            (2) A detailed accounting of the source of funds obligated 
        or expended to meet the costs described in paragraph (1), 
        including--
                    (A) in the case of expenditures of funds of 
                Department of Defense, a breakdown of such expenditures 
                by military service or defense agency, line item, and 
                program; and
                    (B) in the case of expenditures of funds of other 
                departments and agencies of the United States, a 
                breakdown of such expenditures by department or agency 
                and by program.

    Sec. 106. For an additional amount for ``Family Housing, Navy and 
Marine Corps'' to cover the incremental Operation and Maintenance costs 
arising from hurricane damage to family housing units at Marine Corps 
Base Camp Lejeune, North Carolina and Marine Corps Air Station Cherry 
Point, North Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.

[[Page 111 STAT. 161]]

                                CHAPTER 2

                               RESCISSIONS

                     DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $57,000,000 are rescinded.

                        Military Personnel, Navy

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $18,000,000 are rescinded.

                    Military Personnel, Marine Corps

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.

                      Military Personnel, Air Force

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $23,000,000 are rescinded.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $196,000,000 are rescinded.

                     Operation and Maintenance, Navy

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $51,000,000 are rescinded.

                 Operation and Maintenance, Marine Corps

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $3,000,000 are rescinded.

[[Page 111 STAT. 162]]

                  Operation and Maintenance, Air Force

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $117,000,000 are rescinded.

                 Operation and Maintenance, Defense-Wide

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $25,000,000 are rescinded.

                     Environmental Restoration, Army

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.

                     Environmental Restoration, Navy

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.

                  Environmental Restoration, Air Force

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.

                 Environmental Restoration, Defense-Wide

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.

         Environmental Restoration, Formerly Used Defense Sites

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.

                  Former Soviet Union Threat Reduction

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $2,000,000 are rescinded.

[[Page 111 STAT. 163]]

                               PROCUREMENT

                       Aircraft Procurement, Army

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $1,085,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-61, 
$5,000,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $13,000,000 are rescinded.

                        Missile Procurement, Army

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $2,707,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $24,000,000 are rescinded.

        Procurement of Weapons and Tracked Combat Vehicles, Army

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $2,296,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-61, 
$15,400,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.

                     Procurement of Ammunition, Army

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $3,236,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-61, 
$18,000,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $11,000,000 are rescinded.

                         Other Procurement, Army

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $2,502,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $21,000,000 are rescinded.

                       Aircraft Procurement, Navy

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $34,000,000 are rescinded.

[[Page 111 STAT. 164]]

    Of the funds made available under this heading in Public Law 104-
208, $52,000,000 are rescinded.

                        Weapons Procurement, Navy

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $16,000,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $6,000,000 are rescinded.

            Procurement of Ammunition, Navy and Marine Corps

                              (rescission)

    Of the funds made available under this heading in Public Law 103-
335, $812,000 are rescinded.

                    Shipbuilding and Conversion, Navy

                              (rescissions)

    Of the funds made available under this heading in Public Law 102-
396, $10,000,000 are rescinded.
    Of the funds made available under this heading in Public Law 103-
139, $18,700,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $33,000,000 are rescinded.

                         Other Procurement, Navy

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $4,237,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-61, 
$3,000,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $8,000,000 are rescinded.

                        Procurement, Marine Corps

                              (rescission)

    Of the funds made available under this heading in Public Law 103-
335, $1,207,000 are rescinded.

                     Aircraft Procurement, Air Force

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $49,376,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-61, 
$40,000,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $41,000,000 are rescinded.

[[Page 111 STAT. 165]]

                     Missile Procurement, Air Force

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $16,020,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $163,000,000 are rescinded.

                  Procurement of Ammunition, Air Force

                              (rescission)

    Of the funds made available under this heading in Public Law 104-61, 
$7,700,000 are rescinded.

                      Other Procurement, Air Force

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $3,659,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-61, 
$10,000,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $20,000,000 are rescinded.

                        Procurement, Defense-Wide

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $8,860,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-61, 
$16,113,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.

                  National Guard and Reserve Equipment

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $5,029,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $8,000,000 are rescinded.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

                              (rescissions)

    Of the funds made available under this heading in Public Law 104-61, 
$4,366,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $18,000,000 are rescinded.

[[Page 111 STAT. 166]]

            Research, Development, Test and Evaluation, Navy

                              (rescissions)

    Of the funds made available under this heading in Public Law 104-61, 
$16,878,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $9,600,000 are rescinded.

          Research, Development, Test and Evaluation, Air Force

                              (rescissions)

    Of the funds made available under this heading in Public Law 104-61, 
$24,245,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $172,000,000 are rescinded.

        Research, Development, Test and Evaluation, Defense-Wide

                              (rescissions)

    Of the funds made available under this heading in Public Law 104-61, 
$95,714,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $87,000,000 are rescinded.

               Developmental Test and Evaluation, Defense

                              (rescission)

    Of the funds made available under this heading in Public Law 104-61, 
$6,692,000 are rescinded.

                Operational Test and Evaluation, Defense

                              (rescission)

    Of the funds made available under this heading in Public Law 104-61, 
$160,000 are rescinded.

                     REVOLVING AND MANAGEMENT FUNDS

                      National Defense Sealift Fund

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $25,200,000 are rescinded.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $21,000,000 are rescinded.

[[Page 111 STAT. 167]]

           Chemical Agents and Munitions Destruction, Defense

                              (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $456,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-61, 
$20,652,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $27,000,000 are rescinded.

         Drug Interdiction and Counter-Drug Activities, Defense

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $2,000,000 are rescinded.

                      GENERAL PROVISIONS, CHAPTER 2

                              (rescissions)

    Sec. 201. Of the funds appropriated in the Military Construction 
Appropriations Act, 1996 (Public Law 104-32), amounts are hereby 
rescinded from the following accounts in the specified amounts:
            ``Military Construction, Air National Guard'', $5,000,000;
            ``Military Construction, Defense-wide'', $41,000,000;
            ``Base Realignment and Closure Account, Part II'', 
        $35,391,000;
            ``Base Realignment and Closure Account, Part III'', 
        $75,638,000; and
            ``Base Realignment and Closure Account, Part IV'', 
        $22,971,000:

Provided, That of the funds appropriated in the Military Construction 
Appropriations Act, 1997 (Public Law 104-196), amounts are hereby 
rescinded from the following accounts in the specified amounts:
            ``Military Construction, Army'', $1,000,000;
            ``Military Construction, Navy'', $2,000,000;
            ``Military Construction, Air Force'', $3,000,000; and
            ``Military Construction, Defense-wide'', $3,000,000.

                              (rescission)

    Sec. 202. Of the funds appropriated for ``Military Construction, 
Navy'' under Public Law 103-307, $6,480,000 is hereby rescinded.

                                CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 301. The <<NOTE: Reports.>>  Department of Defense is directed 
to report to the congressional defense committees 30 days prior to 
transferring management, development, and acquisition authority over the 
elements of the National Missile Defense Program from the Military 
Services: Provided, That the Joint Requirements Oversight Council is 
directed to conduct an analysis and submit recommendations as to the 
recommended future roles of the Military Services with

[[Page 111 STAT. 168]]

respect to development and deployment of the elements of the National 
Missile Defense Program: Provided further, That the analysis and 
recommendations shall be submitted to the congressional defense 
committees within 60 days of enactment of this Act: Provided further, 
That for 60 days following enactment of this Act, the Department of 
Defense shall take no actions to delay or defer planned activities under 
the National Missile Defense Program based solely on the conduct of the 
Joint Requirements Oversight Council analysis.

    Sec. 302. Notwithstanding section 3612(a) of title 22, United States 
Code, the incumbent may continue to serve as the Secretary of Defense 
designee on the Board of the Panama Canal Commission if he retires as an 
officer of the Department of Defense, until and unless the Secretary of 
Defense designates another person to serve in this position.
    Sec. 303. Authority of Secretary of Defense to Enter Into Lease of 
Building No. 1, Lexington Blue Grass Station, Lexington, Kentucky.--
            (a) Authority to enter into lease.--The Secretary of Defense 
        may enter into an agreement for the lease of Building No. 1, 
        Lexington Blue Grass Station, Lexington, Kentucky, and any real 
        property associated with the building, for purposes of the use 
        of the building by the Defense Finance and Accounting Service. 
        The agreement shall meet the requirements of this section.
            (b) Term.--(1) The agreement under this section shall 
        provide for a lease term of not to exceed 50 years, but may 
        provide for one or more options to renew or extend the term of 
        the lease.
            (2) The agreement shall include a provision specifying that, 
        if the Secretary ceases to require the leased building for 
        purpose of the use of the building by the Defense Finance and 
        Accounting Service before the expiration of the term of the 
        lease (including any extension or renewal of the term under an 
        option provided for in paragraph (1)), the remainder of the 
        lease term may, upon the approval of the lessor of the building, 
        be satisfied by the Secretary or another department or agency of 
        the Federal Government (including a military department) for 
        another purpose similar to such purpose.
            (c) Consideration.--(1) The agreement under this section may 
        not require rental payments by the United States under the lease 
        under the agreement.
            (2) The Secretary or other lessee, if any, under subsection 
        (b)(2) shall be responsible under the agreement for payment of 
        any utilities associated with the lease of the building covered 
        by the agreement and for maintenance and repair of the building.
            (d) Improvement.--The agreement under this section may 
        provide for the improvement of the building covered by the 
        agreement by the Secretary or other lessee, if any, under 
        subsection (b)(2).
            (e) Limitation on certain activities.--The Secretary may not 
        obligate or expend funds for the costs of any utilities, 
        maintenance and repair, or improvements under this lease under 
        this section in any fiscal year unless funds are appropriated or 
        otherwise made available for the Department of Defense for such 
        payment in such fiscal year.

[[Page 111 STAT. 169]]

    Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C. 1552(a), and 
31 U.S.C. 1553(a), funds appropriated in Public Law 101-511, Public Law 
102-396, and Public Law 103-139, under the heading ``Weapons 
Procurement, Navy'', that were obligated and expended to settle claims 
on the MK-50 torpedo program may continue to be obligated and expended 
to settle those claims.
    Sec. 305. None of the funds available to the Department of Defense 
in this or any other Act shall be available to pay the cost of operating 
a National Missile Defense Joint Program Office which includes more than 
55 military and civilian personnel located in the National Capital 
Region.
    Sec. 306. Funds obligated by the National Aeronautics and Space 
Administration (NASA) in the amount of $61,300,000 during fiscal year 
1996, pursuant to the ``Memorandum of Agreement between the National 
Aeronautics and Space Administration and the United States Air Force on 
Titan IV/Centaur Launch Support for the Cassini Mission,'' signed 
September 8, 1994, and September 23, 1994, and Attachments A, B, and C 
to that Memorandum, shall be merged with Air Force appropriations 
available for research, development, test and evaluation and procurement 
for fiscal year 1996, and shall be available for the same time period as 
the appropriation with which merged, and shall be available for 
obligation only for those Titan IV vehicles and Titan IV-related 
activities under contract.
    Sec. 307. For <<NOTE: 10 USC 2358 note.>>  the purposes of 
implementing the 1997 Defense Experimental Program to Stimulate 
Competitive Research (DEPSCoR), the term ``State'' means a State of the 
United States, the District of Columbia, Puerto Rico, Guam and the 
Virgin Islands of the United States, American Samoa and the Commonwealth 
of the Northern Mariana Islands.

   TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM 
                            NATURAL DISASTERS

                                CHAPTER 1

                        DEPARTMENT OF AGRICULTURE

                           Farm Service Agency

           agricultural credit insurance fund program account

    For an additional amount for the ``Agricultural Credit Insurance 
Fund Program Account'' for the additional cost of direct and guaranteed 
loans authorized by 7 U.S.C. 1928-1929, including the cost of modifying 
such loans as defined in section 502 of the Congressional Budget Act of 
1974, resulting from flooding and other natural disasters, $23,000,000, 
to remain available until expended, of which $18,000,000 shall be 
available for emergency insured loans and $5,000,000 shall be available 
for subsidized guaranteed operating loans: Provided, That the entire 
amount shall be available only to the extent that an official budget 
request for $23,000,000 that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, That 
such amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of such Act.

[[Page 111 STAT. 170]]

    For an additional amount for the ``Agricultural Credit Insurance 
Fund Program Account'' for the additional cost of direct operating loans 
authorized by 7 U.S.C. 1928-1929, including the cost of modifying such 
loans as defined in section 502 of the Congressional Budget Act of 1974, 
$6,300,000, to remain available until expended.

                     emergency conservation program

    For an additional amount for ``Emergency Conservation Program'' for 
expenses, including carcass removal, resulting from flooding and other 
natural disasters, $70,000,000, to remain available until expended: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for $70,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That such amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of such 
Act.

                         tree assistance program

    An amount of $9,000,000 is provided for assistance to small 
orchardists to replace or rehabilitate trees and vineyards damaged by 
natural disasters: Provided, That the entire amount shall be available 
only to the extent that an official budget request of $9,000,000, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That such amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of such 
Act.

                    Commodity Credit Corporation Fund

                   disaster reserve assistance program

    Effective only for losses in the fiscal year beginning October 1, 
1996, through the date of enactment of this Act, the Secretary may use 
up to $50,000,000 from proceeds earned from the sale of grain in the 
disaster reserve established in the Agricultural Act of 1970 to 
implement a livestock indemnity program for losses from natural 
disasters pursuant to a Presidential or Secretarial declaration 
requested prior to the date of enactment of this Act in a manner similar 
to catastrophic loss coverage available for other commodities under 7 
U.S.C. 1508(b): Provided, That in administering a program described in 
the preceding sentence, the Secretary shall, to the extent practicable, 
utilize gross income and payment limitations conditions established for 
the Disaster Reserve Assistance Program for the 1996 crop <<NOTE: 7 USC 
1427a note.>>  year: Provided further, That notwithstanding any other 
provision of law, beginning on October 1, 1997, grain in the disaster 
reserve established in the Agricultural Act of 1970 shall not exceed 20 
million bushels: Provided further, That the entire amount shall be 
available only to the extent an official budget request, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress:

[[Page 111 STAT. 171]]

Provided further, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of such Act.

                 Natural Resources Conservation Service

                watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'' to repair damages to the waterways and watersheds, 
including debris removal that would not be authorized under the 
Emergency Watershed Program, resulting from flooding and other natural 
disasters, including those in prior years, $166,000,000, to remain 
available until expended: Provided, That the entire amount shall be 
available only to the extent an official budget request for 
$166,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That the entire amount 
is designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of such Act: Provided further, That if the 
Secretary determines that the cost of land and farm structures 
restoration exceeds the fair market value of an affected agricultural 
land, the Secretary may use sufficient amounts, not to exceed 
$15,000,000, from funds provided under this heading to accept bids from 
willing sellers to provide floodplain easements for such agricultural 
land inundated by floods: Provided further, That none of the funds 
provided under this heading shall be used for the salmon memorandum of 
understanding.

                          Rural Housing Service

              rural housing insurance fund program account

                    Rural Housing Assistance Program

    Any unobligated balances remaining in the ``Rural Housing Insurance 
Fund Program Account'' from prior years' disaster supplementals shall be 
available until expended for Section 502 housing loans, Section 504 
loans and grants, Section 515 loans, and domestic farm labor grants to 
meet emergency needs resulting from natural disasters: Provided, That 
such unobligated balances shall be available only to the extent an 
official budget request that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985 is transmitted by the 
President to the Congress: Provided further, That such unobligated 
balances are designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of such Act: Provided further, That 
notwithstanding section 520 of the Housing Act of 1949, as amended, (42 
U.S.C. 1490) the College Station area of Pulaski County, Arkansas shall 
be eligible for loans and grants available through the Rural Housing 
Service: Provided further, That funds made available in Public Law 104-
180 for Community Facility Grants for the Rural Housing Assistance 
Program may be provided to any community otherwise eligible for a 
Community Facility Loan for expenses directly or indirectly resulting 
from flooding and other natural disasters.

[[Page 111 STAT. 172]]

                         Rural Utilities Service

                   rural utilities assistance program

    For an additional amount for ``Rural Utilities Assistance Program'', 
for the cost of direct loans, loan guarantees, and grants, including the 
cost of modifying loans as defined in section 502 of the Congressional 
Budget Act of 1974, for emergency expenses resulting from flooding and 
other natural disasters, $4,000,000, to remain available until September 
30, 1998: Provided, That the entire amount shall be available only to 
the extent that an official budget request for $4,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                        Food and Consumer Service

special supplemental nutrition program for women, infants, and children 
                                  (wic)

    For an additional amount for the ``Special Supplemental Nutrition 
Program for Women, Infants, and Children (WIC)'' as authorized by 
section 17 of the Child Nutrition Act of 1966, as amended (42 U.S.C. et 
seq.), $76,000,000, to remain available through September 30, 1998: 
Provided, That the Secretary shall allocate such funds through the 
existing formula or, notwithstanding sections 17(g), (h), or (i) of such 
Act and the regulations promulgated thereunder, such other means as the 
Secretary deems necessary.

                      GENERAL PROVISION, CHAPTER 1

SEC. 1001. COLLECTION <<NOTE: 7 USC 1622 note.>>  AND DISSEMINATION OF 
            INFORMATION ON PRICES RECEIVED FOR BULK CHEESE.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of Agriculture shall collect and disseminate, 
on a weekly basis, statistically reliable information, obtained from 
cheese manufacturing areas in the United States on prices received and 
terms of trade involving bulk cheese, including information on the 
national average price for bulk cheese sold through spot and forward 
contract transactions. To the maximum extent practicable, the Secretary 
shall report the prices and terms of trade for spot and forward contract 
transactions separately.
    (b) Confidentiality.--All information provided to, or acquired by, 
the Secretary under subsection (a) shall be kept confidential by each 
officer and employee of the Department of Agriculture except that 
general weekly statements may be issued that are based on the 
information and that do not identify the information provided by any 
person.
    (c) Report.--Not later than 150 days after the date of enactment of 
this Act, the Secretary shall report to the Committee on Agriculture, 
and the Committee on Appropriations, of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry, and the Committee 
on Appropriations, of the Senate,

[[Page 111 STAT. 173]]

on the rate of reporting compliance by cheese manufacturers with respect 
to the information collected under subsection (a). At the time of the 
report, the Secretary may submit legislative recommendations to improve 
the rate of reporting compliance.
    (d) Termination of Effectiveness.--The authority provided by 
subsection (a) terminates effective April 5, 1999.

                                CHAPTER 2

                         DEPARTMENT OF COMMERCE

                   Economic Development Administration

                economic development assistance programs

    For an additional amount for ``Economic Development Assistance 
Programs'' for emergency infrastructure expenses and the capitalization 
of revolving loan funds related to recent flooding and other natural 
disasters, $52,200,000, to remain available until expended, of which not 
to exceed $2,000,000 may be available for administrative expenses and 
may be transferred to and merged with the appropriations for ``Salaries 
and Expenses'': Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

             National Institute of Standards and Technology

                     industrial technology services

    Of the amount provided under this heading in Public Law 104-208 for 
the Advanced Technology Program, not to exceed $35,000,000 shall be 
available for the award of new grants.

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    Within amounts available for ``Operations, Research, and 
Facilities'' for Satellite Observing Systems, not to exceed $7,000,000 
is available until expended to provide disaster assistance related to 
recent flooding and red tide pursuant to section 312(a) of the Magnuson-
Stevens Fishery Conservation and Management Act, and not to exceed 
$2,000,000 is available until expended to implement the Magnuson-Stevens 
Fishery Conservation and Management Act: Provided, That the entire 
amount shall be available only to the extent that an official budget 
request for $9,000,000, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to Congress: Provided further, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of such Act.

                              construction

    For an additional amount for ``Construction'' for emergency expenses 
resulting from flooding and other natural disasters, $10,800,000, to 
remain available until expended: Provided, That

[[Page 111 STAT. 174]]

the entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                             RELATED AGENCY

        Commission on the Advancement of Federal Law Enforcement

    For an additional amount for the operations of the Commission on the 
Advancement of Federal Law Enforcement, $2,000,000, to remain available 
until expended.

                      GENERAL PROVISIONS, CHAPTER 2

    Sec. 2001. Of the funds currently contained within the 
``Counterterrorism Fund'' of the Department of Justice, $3,000,000 is 
provided for allocation by the Attorney General to the appropriate unit 
or units of government in Ogden, Utah, for necessary expenses, including 
enhancements and upgrade of security and communications infrastructure, 
to counter any potential terrorism threat related to the 2002 Winter 
Olympic games to be held in Utah.
    Sec. 2002. Expanding Small Business Participation in Dredging.--
Section 722(a) of the Small Business Competitiveness Demonstration 
Program Act of 1988 (15 U.S.C. 644 note) is amended by striking 
``September 30, 1996'' and inserting ``September 30, 1997''.
    Sec. 2003. Section 101 of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1371) is amended by adding at the end thereof the following:
    ``(d) Good Samaritan Exemption.--It shall not be a violation of this 
Act to take a marine mammal if--
            ``(1) such taking is imminently necessary to avoid serious 
        injury, additional injury, or death to a marine mammal entangled 
        in fishing gear or debris;
            ``(2) reasonable care is taken to ensure the safe release of 
        the marine mammal, taking into consideration the equipment, 
        expertise, and conditions at hand;
            ``(3) reasonable care is exercised to prevent any further 
        injury to the marine mammal; and
            ``(4) such taking is reported to the Secretary within 48 
        hours.''.

    Sec. 2004. Notwithstanding any other provision of law, the Secretary 
of Commerce shall have the authority to reprogram or transfer up to 
$41,000,000 of the amounts provided under ``National Oceanic and 
Atmospheric Administration, Operations, Research, and Facilities'' for 
Satellite Observing Systems in Public Law 104-208 for other programmatic 
and operational requirements of the National Oceanic and Atmospheric 
Administration and the Department of Commerce subject to notification of 
the Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1997 and which shall not be available for obligation or expenditure 
except in compliance with the procedure set forth in that section.

[[Page 111 STAT. 175]]

                                CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

      flood control, mississippi river and tributaries, arkansas, 
       illinois, kentucky, louisiana, mississippi, missouri, and 
                                tennessee

    For an additional amount for ``Flood Control, Mississippi River and 
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, 
Missouri, and Tennessee'' for emergency expenses due to flooding and 
other natural disasters, $20,000,000, to remain available until 
expended: Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                   operation and maintenance, general

    For an additional amount for ``Operation and Maintenance, General'' 
for emergency expenses due to flooding and other natural disasters, 
$150,000,000, to remain available until expended: Provided, That of the 
total amount appropriated, the amount for eligible navigation projects 
which may be derived from the Harbor Maintenance Trust Fund pursuant to 
Public Law 99-662, shall be derived from that fund: Provided further, 
That of the total amount appropriated, $5,000,000 shall be available 
solely for the Secretary of the Army, acting through the Chief of 
Engineers, to pay the costs of the Corps of Engineers and other Federal 
agencies associated with the development of necessary studies, an 
interagency management plan, environmental documentation, continued 
monitoring, and other activities related to allocations of water in the 
Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River 
Basins: Provided further, That no portion of such $5,000,000 may be used 
by the Corps of Engineers to revise its master operational manuals or 
water control plans for operation of the reservoirs for the two river 
basins until (1) the interstate compacts for the two river basins are 
ratified by the Congress by law; and (2) the water allocation formulas 
for the two river basins have been agreed to by the States of Alabama, 
Georgia, and Florida and the Federal representative to the compacts: 
Provided further, That the preceding proviso shall not apply to the use 
of such funds for any environmental reviews necessary for the Federal 
representative to approve the water allocation formulas for the two 
river basins: Provided further, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                  flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' due to flooding and other natural disasters, $415,000,000, 
to remain available until expended: Provided, That the entire amount is 
designated by Congress as an emergency requirement

[[Page 111 STAT. 176]]

pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That with 
$5,000,000 of the funds appropriated herein, the Secretary of the Army 
is directed to initiate and complete preconstruction engineering and 
design and the associated Environmental Impact Statement for an 
emergency outlet from Devils Lake, North Dakota, to the Sheyenne River: 
Provided further, That of the funds appropriated under this paragraph, 
$5,000,000 shall be used for the project consisting of channel 
restoration and improvements on the James River authorized by section 
401(b) of the Water Resources Development Act of 1986 (Public Law 99-
662; 100 Stat. 4128) if the Secretary of the Army determines that the 
need for such restoration and improvements constitutes an emergency.

                       DEPARTMENT OF THE INTERIOR

                          Bureau of Reclamation

                        operation and maintenance

    For an additional amount for ``Operation and Maintenance'', 
$7,355,000, to remain available until expended, to repair damage caused 
by floods and other natural disasters: Provided, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund shall be derived from that fund: Provided further, 
That the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                      GENERAL PROVISIONS, CHAPTER 3

    Sec. 3001. (a) Beginning in fiscal year 1997 and thereafter, the 
United States members and the alternate members appointed under the 
Susquehanna River Basin Compact (Public Law 91-575), and the Delaware 
River Basin Compact (Public Law 87-328), shall be officers of the U.S. 
Army Corps of Engineers, who hold Presidential appointments as Regular 
Army officers with Senate confirmation, and who shall serve without 
additional compensation.
    (b) Section 2, Reservations, Paragraph (u) of Public Law 91-575 (84 
Stat. 1509) and section 15.1, Reservations, Paragraph (d) of Public Law 
87-328 (75 Stat. 688, 691) are hereby repealed.
    (c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is amended 
by striking the words ``during the term of office of the President'' and 
inserting the words ``at the pleasure of the President''.
    Sec. 3002. Notwithstanding section 5 of the Reclamation Safety of 
Dams Act of 1978, Public Law 95-578, as amended, the Secretary of the 
Interior is authorized to obligate up to $1,200,000 for carrying out 
actual construction for safety of dam purposes to modify the Willow 
Creek Dam, Sun River Project, Montana.
    Sec. 3003. (a) Consultation <<NOTE: 16 USC 1536 note.>>  and 
Conferencing.--As provided by regulations issued under the Endangered 
Species Act (16 U.S.C. 1531 et seq.) for emergency situations, formal 
consultation or conferencing under section 7(a)(2) or section 7(a)(4) of 
the Act for any action authorized, funded or carried out by any Federal 
agency

[[Page 111 STAT. 177]]

to repair a Federal or non-Federal flood control project, facility or 
structure may be deferred by the Federal agency authorizing, funding or 
carrying out the action, if the agency determines that the repair is 
needed to respond to an emergency causing an imminent threat to human 
lives and property in 1996 or 1997. Formal consultation or conferencing 
shall be deferred until the imminent threat to human lives and property 
has been abated. For purposes of this section, the term repair shall 
include preventive and remedial measures to restore the project, 
facility or structure to remove an imminent threat to human lives and 
property.

    (b) Reasonable and Prudent Measures.--Any reasonable and prudent 
measures specified under section 7 of the Endangered Species Act (16 
U.S.C. 1536) to minimize the impact of an action taken under this 
section shall be related both in nature and extent to the effect of the 
action taken to repair the flood control project, facility or structure.

                                CHAPTER 4

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                          assistance to ukraine

    Sec. 4001. The President may waive the minimum funding requirements 
contained in subsection (k) under the heading ``Assistance for the New 
Independent States of the Former Soviet Union'' contained in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1997, as included in Public Law 104-208, for activities for the 
government of Ukraine funded in that subsection, if he determines and so 
reports to the Committees on Appropriations that the government of 
Ukraine:
            (1) has not made progress toward implementation of 
        comprehensive economic reform;
            (2) is not taking steps to ensure that United States 
        businesses and individuals are able to operate according to 
        generally accepted business principles; or
            (3) is not taking steps to cease the illegal dumping of 
        steel plate.

                                CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                              construction

                      (including transfer of funds)

    For an additional amount for ``Construction'' to repair damage 
caused by floods and other natural disasters, $4,796,000, to remain 
available until expended, of which $4,403,000 is to be derived by 
transfer from unobligated balances of funds under the heading, ``Oregon 
and California Grant Lands'', made available as supplemental 
appropriations in Public Law 104-134: Provided, That the entire amount 
is designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

[[Page 111 STAT. 178]]

                    oregon and california grant lands

    For an additional amount for ``Oregon and California Grant Lands'' 
to repair damage caused by floods and other natural disasters, 
$2,694,000, to remain available until expended and to be derived from 
unobligated balances of funds under the heading, ``Oregon and California 
Grant Lands'', made available as supplemental appropriations in Public 
Law 104-134: Provided, That the entire amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                 United States Fish and Wildlife Service

                           resource management

    For an additional amount for ``Resource Management'', $5,300,000, to 
remain available until expended, for technical assistance and fish 
replacement made necessary by floods and other natural disasters, for 
restoration of public lands damaged by fire, and for payments to private 
landowners for the voluntary use of private land to store water in 
restored wetlands: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                              construction

    For an additional amount for ``Construction'', $88,000,000, to 
remain available until expended, to repair damage caused by floods and 
other natural disasters: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

                            land acquisition

    For an additional amount for ``Land Acquisition'', $10,000,000, to 
remain available until expended, for the cost-effective emergency 
acquisition of land and water rights necessitated by floods and other 
natural disasters: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                          National Park Service

                              construction

     For an additional amount for ``Construction'' for emergency 
expenses resulting from flooding and other natural disasters, 
$187,321,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That of this 
amount, $30,000,000 shall be available only to the extent an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in such Act,

[[Page 111 STAT. 179]]

is transmitted by the President to Congress, and upon certification by 
the Secretary of the Interior to the President that a specific amount of 
such funds is required for (1) repair or replacement of concession use 
facilities at Yosemite National Park if the Secretary determines, after 
consulting with the Director of the Office of Management and Budget, 
that the repair or replacement of those facilities cannot be postponed 
until completion of an agreement with the Yosemite Concessions Services 
Corporation or any responsible third party to satisfy its repair or 
replacement obligations for the facilities, or (2) the Federal portion, 
if any, of the costs of repair or replacement of such concession use 
facilities: Provided further, That nothing herein should be construed as 
impairing in any way the rights of the United States against the 
Yosemite Concession Services Corporation or any other party or as 
relieving the Corporation or any other party of its obligations to the 
United <<NOTE: Certification.>>  States: Provided further, That prior to 
any final agreement by the Secretary with the Corporation or any other 
party concerning its obligation to repair or replace concession use 
facilities, the Solicitor of the Department of the Interior shall 
certify that the agreement fully satisfies the obligations of the 
Corporation or third party: Provided further, That nothing herein, or 
any payments, repairs, or replacements made by the Corporation or a 
third party in fulfillment of the Corporation's obligations to the 
United States to repair and replace damaged facilities, shall create any 
possessory interest for the Corporation or such third party in such 
repaired or replaced facilities: Provided further, That any payments 
made to the United States by the Corporation or a third party for repair 
or replacement of concession use facilities shall be deposited in the 
General Fund of the Treasury or, where facilities are repaired or 
replaced by the Corporation or any other third party, an equal amount of 
appropriations for ``Construction'' shall be rescinded.

    For an additional amount for ``Construction'', $10,000,000, to 
remain available until expended, to make repairs, construct facilities, 
and provide visitor transportation and for related purposes at Yosemite 
National Park.

                     United States Geological Survey

                  surveys, investigations, and research

    For an additional amount for ``Surveys, Investigations, and 
Research'', $4,650,000, to remain available until September 30, 1998, to 
repair or replace damaged equipment and facilities caused by floods and 
other natural disasters: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

                        Bureau of Indian Affairs

                      operation of indian programs

    For an additional amount for ``Operation of Indian Programs'', 
$14,317,000, to remain available until September 30, 1998, for emergency 
response activities, including emergency school operations, heating 
costs, emergency welfare assistance, and to repair and replace 
facilities and resources damaged by snow, floods, and

[[Page 111 STAT. 180]]

other natural disasters: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

                              construction

    For an additional amount for ``Construction'', $6,249,000, to remain 
available until expended, to repair damages caused by floods and other 
natural disasters: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That notwithstanding any other provision of 
law, funds appropriated herein and in Public Law 104-208 to the Bureau 
of Indian Affairs for repair of the Wapato irrigation project shall be 
made available on a nonreimbursable basis.

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                         national forest system

    For an additional amount for ``National Forest System'' for 
emergency expenses resulting from flooding and other natural disasters, 
$39,677,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                     reconstruction and construction

    For an additional amount for ``Reconstruction and Construction'' for 
emergency expenses resulting from flooding and other natural disasters, 
$27,685,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For an additional amount for ``Indian Health Services'' for 
emergency expenses resulting from flooding and other natural disasters, 
$1,000,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

[[Page 111 STAT. 181]]

                        indian health facilities

    For an additional amount for ``Indian Health Facilities'' for 
emergency expenses resulting from flooding and other natural disasters, 
$2,000,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                      GENERAL PROVISIONS, CHAPTER 5

    Sec. 5001. Section 101(c) of Public Law 104-134 is amended as 
follows: Under the heading ``Title III--General Provisions'' amend 
sections 315(c)(1)(A) and 315(c)(1)(B) <<NOTE: 16 USC 460l-6a note.>>  
by striking in each of those sections ``104%'' and inserting in lieu 
thereof ``100%''; by striking in each of those sections ``1995'' and 
inserting in lieu thereof ``1994''; and by striking in each of those 
sections ``and thereafter annually adjusted upward by 4%,''.

    Sec. 5002. Section 101(d) of Public Law 104-208 is amended as 
follows: Under the heading ``Administrative Provisions, Indian 
Health <<NOTE: 110 Stat. 3009-213.>>  Service'' strike the seventh 
proviso and insert the following in lieu thereof: ``: Provided further, 
That with respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on a 
reimbursable basis, including payment in advance with subsequent 
adjustment, and the reimbursements received therefrom, along with the 
funds received from those entities pursuant to the Indian Self 
Determination Act, may be credited to the same or subsequent 
appropriation account which provided the funding, said amounts to remain 
available until expended''.

    Sec. 5003. (a) Extension <<NOTE: Arizona. 25 USC 390 note.>>  and 
Effective Date.--Section 3711(b)(1) of the San Carlos Apache Tribe Water 
Rights Settlement Act of 1992 (106 Stat. 4752) is amended by striking 
``June 30, 1997'' and inserting ``March 31, 1999''.

    (b) Extension for River System General Adjudication.--Section 3711 
of such Act is <<NOTE: 25 USC 390 note.>>  amended by adding at the end 
the following new subsection:

    ``(c) Extension for River System General Adjudication.--If, at any 
time prior to March 31, 1999, the Secretary notifies the Committee on 
Indian Affairs of the United States Senate or the Committee on Resources 
in the United States House of Representatives that the Settlement 
Agreement, as executed by the Secretary, has been submitted to the 
Superior Court of the State of Arizona in and for Maricopa County for 
consideration and approval as part of the General Adjudication of the 
Gila River System and Source, the March 31, 1999, referred to in 
subsection (b)(1) shall be deemed to be changed to December 31, 1999.''.
    (c) Counties.--Section 3706(b)(3) <<NOTE: 106 Stat. 4745.>>  of such 
Act is amended by inserting ``Gila, Graham, Greenlee,'' after 
``Maricopa,''.

    (d) Parties to Agreement.--Section <<NOTE: 106 Stat. 4741.>>  
3703(2) of such Act is amended by adding at the end the following new 
sentence: ``The Gila Valley Irrigation District and the Franklin 
Irrigation District shall be added as parties to the Agreement, but only 
so long as none of the aforementioned parties objects to adding the Gila 
Valley Irrigation and/or the Franklin Irrigation District as parties to 
the Agreement.''.

[[Page 111 STAT. 182]]

    (e) Definitions.--Section 3703 of such Act is amended by adding the 
following new paragraphs:
    ``(12) `Morenci mine complex' means the lands owned or leased by 
Phelps Dodge Corporation, now or in the future, delineated in a map as 
`Phelps Dodge Mining, Mineral Processing, and Auxiliary Facilities Water 
Use Area', which map is dated March 19, 1996, and is on file with the 
Secretary of the Interior.
    ``(13) `Upper Eagle Creek Wellfield' means that area in Greenlee 
County which is bounded by the eastern boundary of Graham County on the 
west, the southern boundary of the Black River watershed on the north, a 
line running north and south 5 miles east of the eastern boundary of 
Graham County on the east, and the southern boundary of the natural 
drainage of Cottonwood Canyon on the south.''.
    (f) Black River Facilities.--Section 3711 of such Act, as amended by 
subsection (b) of this Act, is further amended by adding at the end the 
following:
    ``(d) Black River Facilities.--
            ``(1) In general.--The provisions and agreements set forth 
        or referred to in paragraphs (2), (3), and (4) below shall be 
        enforceable against the United States in United States district 
        court, and the immunity of the United States for such purposes 
        and for no other purpose is hereby waived. The provisions and 
        agreements set forth or referred to in paragraphs (2)(A), (3), 
        and (4) below shall be enforceable against the Tribe in United 
        States district court, and the immunity of the Tribe for such 
        purposes and for no other purpose, is hereby waived. The 
        specific agreements made by the Tribe and set forth in paragraph 
        (5) shall be enforceable against the Tribe in United States 
        district court, and the immunity of the Tribe is hereby waived 
        as to such specific agreements and for no other purpose.
            ``(2) Interim period.--
                    ``(A) As of July 23, 1997, Phelps Dodge shall vacate 
                the reservation and no longer rely upon permit #2000089, 
                dated July 25, 1944. On such date the United States, 
                through the Bureau of Reclamation, shall enter, operate, 
                and maintain the Black River pump station, outbuildings, 
                the pipeline, related facilities, and certain caretaker 
                quarters (hereinafter referred to collectively as the 
                `Black River facilities').
                    ``(B) The United States and Phelps Dodge shall enter 
                into a contract for delivery of water pursuant to 
                subparagraph (C), below. Water for delivery to Phelps 
                Dodge from the Black River shall not exceed an annual 
                average of 40 acre feet per day, or 14,000 acre feet per 
                year. All diversions from Black River to Phelps Dodge 
                shall be junior to the diversion and use of up to 7,300 
                acre feet per year by the San Carlos Apache Tribe, and 
                no such diversion for Phelps Dodge shall cause the flow 
                of Black River to fall below 20 cubic feet per second. 
                The United States shall account for the costs for 
                operating and maintaining the Black River facilities, 
                and Phelps Dodge shall reimburse the United States for 
                such costs. Phelps Dodge shall pay to the United States, 
                for delivery to the Tribe, the sum of $20,000 per month, 
                with an annual CPI adjustment from July 23, 1997, for 
                purposes of compensating the Tribe for United States use 
                and occupancy of the Black

[[Page 111 STAT. 183]]

                River facilities. Phelps Dodge and the Tribe shall 
                cooperate with the United States in effectuating an 
                orderly transfer of the operations of the Black River 
                facilities from Phelps Dodge to the United States.
                    ``(C) Notwithstanding any other provision of law, 
                the contract referred to in subparagraph (B) between the 
                United States and Phelps Dodge which provides for the 
                diversion of water from the Black River into the Black 
                River facilities, and the delivery of such water to 
                Phelps Dodge at that location where the channel of Eagle 
                Creek last exits the reservation for use in the Morenci 
                mine complex and the towns of Clifton and Morenci and at 
                no other location, is ratified and confirmed.
                    ``(D) The power line right-of-way over the Tribe's 
                Reservation which currently is held by Phelps Dodge 
                shall remain in place. During the interim period, Phelps 
                Dodge shall provide power to the United States for 
                operation of the pump station and related facilities 
                without charge, and Phelps Dodge shall pay a monthly 
                right-of-way fee to the Tribe of $5,000 per month, with 
                an annual CPI adjustment from July 23, 1997.
                    ``(E) Any questions regarding the water claims 
                associated with Phelps Dodge's use of the Upper Eagle 
                Creek Wellfield, its diversions of surface water from 
                Eagle Creek, the San Francisco River, Chase Creek, and/
                or its use of other water supplies are not addressed in 
                this title. No provision in this subsection shall affect 
                or be construed to affect any claims by the Tribe, the 
                United States, or Phelps Dodge to groundwater or surface 
                water.
            ``(3) Final arrangements and terms.--The interim period 
        described in paragraph (2) shall extend until all conditions set 
        forth in paragraph (3)(B) have been satisfied. At such time, the 
        following final arrangements shall apply, based on the terms set 
        forth below. Such terms shall bind the Tribe, the United States, 
        and Phelps Dodge, and shall be enforceable pursuant to 
        subsection (d)(1) of this Act.
                    ``(A) The United States shall hold the Black River 
                facilities in trust for the Tribe, without cost to the 
                Tribe or the United States.
                    ``(B) Responsibility for operation of the Black 
                River facilities shall be transferred from the United 
                States to the Tribe. The United States shall train 
                Tribal members during the interim period, and the 
                responsibility to operate the Black River facilities 
                shall be transferred upon satisfaction of 2 conditions--
                          ``(i) a finding by the United States that the 
                      Tribe has completed necessary training and is 
                      qualified to operate the Black River facilities; 
                      and
                          ``(ii) execution of the contract described in 
                      paragraph (3)(E), which contract shall be executed 
                      on or before December 31, 1998. In the event that 
                      the contract is not executed by December 31, 1998, 
                      the transfer described in this subsection shall 
                      occur on December 31, 1998 (so long as condition 
                      (i) of this subparagraph has been satisfied), 
                      based on application of the contract terms 
                      described in paragraph (3)(E), which terms shall 
                      be enforceable under this Act. Upon the

[[Page 111 STAT. 184]]

                      approval of the Secretary, the Tribe may contract 
                      with third parties to operate the Black River 
                      facilities.
                    ``(C) Power lines currently operated by Phelps Dodge 
                on the Tribe's Reservation, and the right-of-way 
                associated with such power lines, shall be surrendered 
                by Phelps Dodge to the Tribe, without cost to the Tribe. 
                Prior to the surrender of the power lines, the Bureau of 
                Reclamation shall arrange for an inspection of the power 
                lines and associated facilities by a qualified third 
                party and shall obtain a certification that such power 
                lines and facilities are of sound design and are in good 
                working order. Phelps Dodge shall pay for the cost of 
                such inspection and certification. Concurrently with the 
                surrender of the power lines and the right-of-way, 
                Phelps Dodge shall construct a switch station at the 
                boundary of the Reservation at which the Tribe may 
                switch power on or off and shall deliver ownership and 
                control of such switch station to the Tribe. Subsequent 
                to the transfer of the power lines and the right-of-way 
                and the delivery of ownership and control of the switch 
                station to the Tribe, Phelps Dodge shall have no further 
                obligation or liability of any nature with respect to 
                the ownership, operation, or maintenance of the power 
                lines, the right-of-way, or the switch station.
                    ``(D) The Tribe and the United States will enter 
                into an exchange agreement with the Salt River Project 
                which will deliver CAP water controlled by the Tribe to 
                the Salt River Project in return for the diversion of 
                water from the Black River into the Black River 
                facilities. The exchange agreement shall be subject to 
                review and approval by Phelps Dodge, which approval 
                shall not be unreasonably withheld. Notwithstanding any 
                other provision of law, the contract referred to in this 
                subparagraph is ratified and confirmed.
                    ``(E) The Tribe, the United States, and Phelps Dodge 
                will execute a contract covering the lease and delivery 
                of CAP water from the Tribe to Phelps Dodge on the 
                following terms:
                          ``(i) The Tribe will lease to Phelps Dodge 
                      14,000 acre feet of CAP water per year as of the 
                      date on which the interim period referred to in 
                      paragraph (2) expires. The lease shall be subject 
                      to the terms and conditions identified in the 
                      Tribal CAP Delivery Contract referenced in section 
                      3706(b). The leased CAP water shall be delivered 
                      to Phelps Dodge from the Black River pursuant to 
                      the exchange referred to in subparagraph (D) 
                      above, based on diversions from the Black River 
                      that shall not exceed an annual average of 40 acre 
                      feet per day and shall not cause the flow of Black 
                      River to fall below 20 cubic feet per second. Such 
                      CAP water shall be delivered to Phelps Dodge at 
                      that location where the channel of Eagle Creek 
                      last exits the Reservation, to be utilized in the 
                      Morenci mine complex and the towns of Clifton and 
                      Morenci, and at no other location.
                          ``(ii) The leased CAP water shall be junior to 
                      the diversion and use of up to 7,300 acre feet per 
                      year

[[Page 111 STAT. 185]]

                      from the Black and Salt Rivers by the San Carlos 
                      Apache Tribe.
                          ``(iii) The lease will be for a term of 50 
                      years or, if earlier, the date upon which mining 
                      activities at the Morenci mine complex cease, with 
                      a right to renew for an additional 50 years upon a 
                      finding by the Secretary that the water is needed 
                      for continued mining activities at the Morenci 
                      mine complex. The lease shall have the following 
                      financial terms:
                                    ``(I) The Tribe will lease CAP water 
                                at a cost of $1,200 per acre foot. 
                                Phelps Dodge shall pay to the United 
                                States, on behalf of the Tribe, the sum 
                                of $5,000,000 upon the earlier of the 
                                execution of the agreement, or upon the 
                                expiration of the interim period 
                                referred to in paragraph (2) hereof, 
                                which amount shall be a prepayment for 
                                and applicable to the first 4,166 acre 
                                feet of CAP water to be delivered in 
                                each year during the term of the lease.
                                    ``(II) Phelps Dodge shall pay the 
                                United States, on behalf of the Tribe, 
                                the sum of $65 per acre foot per year, 
                                with an annual CPI adjustment for the 
                                remaining 9,834 acre feet of water to be 
                                delivered pursuant to the lease each 
                                year. Such payments shall be made in 
                                advance on January 1 of each year, with 
                                a reconciliation made at year-end, if 
                                necessary, in the event that less than 
                                14,000 acre feet of CAP water is 
                                diverted from the Black River due to 
                                shortages in the CAP system or on the 
                                Black River.
                                    ``(III) Phelps Dodge shall pay in 
                                advance each month the Tribe's 
                                reasonable costs associated with the 
                                Tribe's operation, maintenance, and 
                                replacement of the Black River 
                                facilities for purposes of delivering 
                                water to Phelps Dodge pursuant to the 
                                lease, which costs shall be based upon 
                                the experience of the Bureau of 
                                Reclamation in operating the Black River 
                                facilities during the interim period 
                                referred to in paragraph (2), subject to 
                                an annual CPI adjustment, and providing 
                                for a credit for power provided by 
                                Phelps Dodge to the Tribe. In addition, 
                                Phelps Dodge shall pay a monthly fee of 
                                $30,000 to the United States, on behalf 
                                of the Tribe, to account for the use of 
                                the Tribe's distribution system.
                                    ``(IV) Phelps Dodge shall pay the 
                                United States operation, maintenance, 
                                and replacement charges associated with 
                                the leased CAP water and such reasonable 
                                interconnection charges as may be 
                                imposed by Salt River Project in 
                                connection with the exchange referred to 
                                in subparagraph (D) above.
                          ``(iv) Notwithstanding the provisions of 
                      section 3707(b), any moneys, except Black River 
                      facilities OM&R, CAP OM&R and any charges 
                      associated with an exchange agreement with Salt 
                      River Project, paid to the United States on behalf 
                      of the Tribe from the

[[Page 111 STAT. 186]]

                      lease referred to under paragraph (3)(D)(iii) 
                      shall be held in trust by the United States for 
                      the benefit of the Tribe. There is hereby 
                      established in the Treasury of the United States a 
                      fund to be known as the `San Carlos Apache Tribe 
                      Lease Fund' for such purpose. Interest accruing to 
                      the Fund may be used by the Tribe for economic and 
                      community development purposes upon presentation 
                      to the Secretary of a certified copy of a duly 
                      enacted resolution of the Tribal Council 
                      requesting distribution and a written budget 
                      approved by the Tribal Council. Such income may 
                      thereafter be expended only in accordance with 
                      such budget. Income not distributed shall be added 
                      to principal. The United States shall not be 
                      liable for any claim or causes of action arising 
                      from the Tribe's use or expenditure of moneys 
                      distributed from the Fund.
                          ``(v) The lease is not assignable to any third 
                      party, except with the consent of the Tribe and 
                      Phelps Dodge, and with the approval of the 
                      Secretary.
                          ``(vi) Notwithstanding subsection (b) hereof, 
                      section 3706 shall be fully effective immediately 
                      with respect to the CAP water lease provided for 
                      in this subparagraph and the Secretary shall take 
                      all actions authorized by section 3706 necessary 
                      for purposes of implementing this subparagraph. 
                      Notwithstanding any other provision of law, the 
                      contract referred to in this subparagraph is 
                      ratified and confirmed and shall be enforceable in 
                      United States district court. In the event that no 
                      lease authorized by this subparagraph is executed, 
                      this subparagraph, notwithstanding any other 
                      provision of law, shall be enforceable as a lease 
                      among the Tribe, the United States, and Phelps 
                      Dodge in the United States district court, and the 
                      Secretary shall take all action authorized by 
                      section 3706 for purposes of implementing this 
                      subparagraph in such an event.
                    ``(F) Any questions regarding the water claims 
                associated with Phelps Dodge's use of the Eagle Creek 
                Wellfield, its diversions of surface water from lower 
                Eagle Creek, the San Francisco River, Chase Creek, and/
                or its use of other water supplies are not addressed by 
                this title. No provision in this subsection shall affect 
                or be construed to affect any claims by the Tribe, the 
                United States, or Phelps Dodge to groundwater or surface 
                water.
            ``(4) Eagle creek.--From the effective date of this 
        subsection, and during the Interim Period, the Tribe shall not, 
        in any way, impede, restrict, or sue the United States regarding 
        the passage of water from the Black River facilities into those 
        portions of the channels of Willow Creek and Eagle Creek which 
        flow through the Reservation. Phelps Dodge agrees to limit 
        pumping from the Upper Eagle Creek Wellfield so that the 
        combination of water from the Black River facilities and water 
        pumped from the Upper Eagle Creek Wellfield does not exceed 
        22,000 acre feet per year of delivered water at the Phelps Dodge 
        Lower Eagle Creek Pump Station below the Reservation. In 
        calculating the pumping rates allowed under this subparagraph, 
        transmission losses from Black River

[[Page 111 STAT. 187]]

        and the Upper Eagle Creek Wellfield shall be estimated, but in 
        no event shall such transmission losses be more than 10 percent 
        of the Black River or Upper Eagle Creek Wellfield water. Based 
        on this agreement, the Tribe shall not, in any way, impede, 
        restrict, or sue Phelps Dodge regarding the passage of water 
        from the Phelps Dodge Upper Eagle Creek Wellfield, except that--
                    ``(A) Phelps Dodge shall pay to the United States, 
                on behalf of the Tribe, $5,000 per month, with an annual 
                CPI adjustment from July 23, 1997, to account for the 
                passage of such flows; and
                    ``(B) the Tribe and the United States reserve the 
                right to challenge Phelps Dodge's claims regarding the 
                pumping of groundwater from the Upper Eagle Creek 
                Wellfield, in accordance with paragraphs (2)(E) and 
                (3)(F) above. In the event that a court determines that 
                Phelps Dodge does not have the right to pump the Upper 
                Eagle Creek Wellfield, the Tribe will no longer be 
                subject to the restriction set forth in this 
                subparagraph regarding the passage of water from the 
                Wellfield through the Reservation. Nothing in this 
                subsection shall affect the rights, if any, that Phelps 
                Dodge might claim regarding the flow of water in the 
                channel of Eagle Creek in the absence of this 
                subsection.
            ``(5) Past claims.--The Act does not address claims relating 
        to Phelps Dodge's prior occupancy and operation of the Black 
        River facilities. The Tribe agrees not to bring any such claims 
        against the United States. The Tribe also agrees that within 30 
        days after Phelps Dodge has vacated the Reservation, it shall 
        dismiss with prejudice the suit that it has filed in Tribal 
        Court against Phelps Dodge (The San Carlos Apache Tribe v. 
        Phelps Dodge, et al., Case No. C-97-118), which such dismissal 
        shall not be considered a decision on the merits, and any claims 
        that it might assert against Phelps Dodge in connection with 
        Phelps Dodge's prior occupancy and operation of the Black River 
        facilities shall be brought exclusively in the United States 
        district court.
            ``(6) Relationship to settlement.--
                    ``(A) The term `Agreement', as defined by section 
                3703(2), shall not include Phelps Dodge.
                    ``(B) Section 3706(j) and section 
                3705(f) <<NOTE: 106 Stat. 4745, 4744.>>  shall be 
                repealed and shall have no effect.
            ``(7) Ratification of settlement.--The agreement between the 
        San Carlos Apache Tribe, the Phelps Dodge Corporation, and the 
        Secretary of the Interior, as set forth in this subsection, is 
        hereby ratified and approved.''.

    (g) Technical Amendment.--Section 3702(a)(3) <<NOTE: 106 Stat. 
4740.>>  is amended by striking ``qualification'' and inserting 
``quantification''.

    Sec. 5004. Paragraph (5) of section 104(c) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended as follows:
            (1) In subparagraph (A), by striking ``, including polar 
        bears taken but not imported prior to the date of enactment of 
        the Marine Mammal Protection Act Amendments of 1994,''.
            (2) By adding the following new subparagraph at the end 
        thereof:

[[Page 111 STAT. 188]]

    ``(D) The <<NOTE: Permits. Polar bears. Canada.>>  Secretary of the 
Interior shall, expeditiously after the expiration of the applicable 30 
day period under subsection (d)(2), issue a permit for the importation 
of polar bear parts (other than internal organs) from polar bears taken 
in sport hunts in Canada before the date of enactment of the Marine 
Mammal Protection Act Amendments of 1994, to each applicant who submits, 
with the permit application, proof that the polar bear was legally 
harvested in Canada by the applicant. The Secretary shall issue such 
permits without regard to the provisions of subparagraphs (A) and 
(C)(ii) of this paragraph, subsection (d)(3) of this section, and 
sections 101 and 102. This subparagraph shall not apply to polar bear 
parts that were imported before the effective date of this 
subparagraph.''.

                                CHAPTER 6

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                health education assistance loans program

    Public Law 104-208, under the heading ``Health Education Assistance 
Loans Program'' is <<NOTE: 110 Stat. 3009-243.>>  amended by inserting 
after ``$140,000,000'' the following: ``: Provided further, That the 
Secretary may use up to $499,000 derived by transfer from insurance 
premiums collected from guaranteed loans made under title VII of the 
Public Health Service Act for the purpose of carrying out section 709 of 
that Act''.

                Administration for Children and Families

                 children and families services programs

    Public Law 104-208, under the heading titled ``Children and Families 
Services Programs'' <<NOTE: 110 Stat. 3009-251.>>  is amended by 
inserting after the reference to ``part B(1) of title IV'' the 
following: ``and section 1110''.

                         Office of the Secretary

            public health and social services emergency fund

    For expenses necessary to support high priority health research, 
$15,000,000, to remain available until expended: Provided, That the 
Secretary shall award such funds on a competitive basis.

                         DEPARTMENT OF EDUCATION

                     Education for the Disadvantaged

    For additional amounts to carry out subpart 2 of part A of title I 
of the Elementary and Secondary Education Act of 1965, $101,133,000, of 
which $78,362,000 shall be for Basic Grants and $22,771,000 shall be for 
Concentration Grants, which shall be allocated, notwithstanding any 
other provision of law, only to those States, and counties within those 
States, that will receive, from funds available under the Department of 
Education Appropriations Act, 1997, smaller allocations for Grants to 
Local Educational Agencies than they would have received had those 
allocations been

[[Page 111 STAT. 189]]

calculated entirely on the basis of child poverty counts from the 1990 
census: Provided, That the Secretary of Education shall use these 
additional funds to provide those States with 50 percent of the 
difference between the allocations they would have received had the 
allocations under that Appropriations Act been calculated entirely on 
the basis of the 1990 census data and the allocations under the 1997 
Appropriations Act: Provided further, That if any State's total 
allocation under that Appropriations Act and this paragraph is less than 
its 1996 allocation for that subpart, that State shall receive, under 
this paragraph, the amount the State would have received had that 
allocation been calculated entirely on the basis of child poverty counts 
from the 1990 census: Provided further, That the Secretary shall ratably 
reduce the allocations to States under the preceding proviso for either 
Basic Grants or Concentration Grants, or both, as the case may be, if 
the funds available are insufficient to make those allocations in full: 
Provided further, That the Secretary shall allocate, to such counties in 
each such State, additional amounts for Basic Grants and Concentration 
Grants that are in the same proportion, respectively, to the total 
amounts allocated to the State, as the differences between such 
counties' initial allocations for Basic Grants and Concentration Grants, 
respectively (compared to what they would have received had the initial 
allocations been calculated entirely on the basis of 1990 census data), 
are to the differences between the State's initial allocations for Basic 
Grants and Concentration Grants, respectively (compared to the amounts 
the State would have received had the initial allocations been 
calculated entirely on the basis of 1990 census data): Provided further, 
That the funds appropriated under this paragraph shall become available 
on July 1, 1997 and shall remain available through September 30, 1998: 
Provided further, That the additional amounts appropriated under this 
paragraph shall not be taken into account in determining State 
allocations under any other program administered by the Secretary.

                             RELATED AGENCY

           National Commission on the Cost of Higher Education

                          salaries and expenses

    For necessary expenses for the National Commission on the Cost of 
Higher Education, $650,000, to remain available until expended.

                      GENERAL PROVISIONS, CHAPTER 6

    Sec. 6001. Notwithstanding any other provision of law, fiscal year 
1995 funds awarded under State-administered programs of the Department 
of Education and funds awarded for fiscal year 1996 for State-
administered programs under the Rehabilitation Act of the Department of 
Education to recipients in Presidentially declared disaster areas, which 
were declared as such during fiscal year 1997, are available to those 
recipients for obligation until September 30, 1998: Provided, That for 
the purposes of assisting those recipients, the Secretary's waiver 
authority under section 14401 of the Elementary and Secondary Education 
Act of 1965

[[Page 111 STAT. 190]]

shall be extended to all State-administered programs of the Department 
of Education. This special waiver authority applies only to funds 
awarded for fiscal years 1995, 1996, and 1997.
    Sec. 6002. Notwithstanding any other provision of law, the Secretary 
of Education may waive or modify any statutory or regulatory provision 
applicable to the student financial aid programs under title IV of the 
Higher Education Act that the Secretary deems necessary to assist 
individuals and other program participants who suffered financial harm 
from natural disasters and who, at the time the disaster struck were 
operating, residing at, or attending an institution of higher education, 
or employed within these areas on the date which the President declared 
the existence of a major disaster (or, in the case of an individual who 
is a dependent student, whose parent or stepparent suffered financial 
harm from such disaster, and who resided, or was employed in such an 
area at that time): Provided further, That such authority shall be in 
effect only for awards for award years 1996-1997 and 1997-1998.
    Sec. 6003. None of the funds provided in this Act or in any other 
Act making appropriations for fiscal year 1997 may be used to administer 
or implement in Denver, Colorado, the Medicare Competitive Pricing/Open 
Enrollment Demonstration, as titled in the April 1, 1997, Final Request 
for Proposals (RFP).

SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS.

    (a) In General.--Notwithstanding any other provision of law, during 
the period beginning on April 30, 1997, and ending on July 30, 1997, the 
Governors of the States described in paragraph (1) of subsection (b) 
may, subject to subsection (c), use amounts received for the provision 
of child care assistance or services under the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) to provide 
emergency child care services to individuals described in paragraph (2) 
of subsection (b).
    (b) Eligibility.--
            (1) Of states.--A State described in this paragraph is a 
        State in which the President, pursuant to section 401 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121), has determined that a major disaster exists, 
        or that an area within the State is determined to be eligible 
        for disaster relief under other Federal law by reason of damage 
        related to flooding in 1997.
            (2) Of individuals.--An individual described in this 
        subsection is an individual who--
                    (A) resides within any area in which the President, 
                pursuant to section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121), has determined that a major disaster exists, or 
                within an area determined to be eligible for disaster 
                relief under other Federal law by reason of damage 
                related to flooding in 1997; and
                    (B) is involved in unpaid work activities (including 
                the cleaning, repair, restoration, and rebuilding of 
                homes, businesses, and schools) resulting from the flood 
                emergency described in subparagraph (A).

    (c) Limitations.--
            (1) Requirements.--With respect to assistance provided to 
        individuals under this section, the quality, certification and

[[Page 111 STAT. 191]]

        licensure, health and safety, nondiscrimination, and other 
        requirements applicable under the Federal programs referred to 
        in subsection (a) shall apply to child care provided or obtained 
        under this section.
            (2) Amount of funds.--The total amount utilized by each of 
        the States under subsection (a) during the period referred to in 
        such subsection shall not exceed the total amount of such 
        assistance that, notwithstanding the enactment of this section, 
        would otherwise have been expended by each such State in the 
        affected region during such period.

    (d) Priority.--In making assistance available under this section, 
the Governors described in subsection (a) shall give priority to 
eligible individuals who do not have access to income, assets, or 
resources as a direct result of the flooding referred to in subsection 
(b)(2)(A).

               extension of ssi redetermination provisions

    Sec. 6005. (a) Section 402(a)(2)(D)(i) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1612(a)(2)(D)(i)) is amended--
            (1) in subclause (I), by striking ``the date which is 1 year 
        after such date of enactment,'' and inserting ``September 30, 
        1997,''; and
            (2) in subclause (III), by striking ``the date of the 
        redetermination with respect to such individual'' and inserting 
        ``September 30, 1997,''.

    (b) The <<NOTE: Effective date. 8 USC 1612 note.>>  amendment made 
by subsection (a) shall be effective as if included in the enactment of 
section 402 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996.

                                CHAPTER 7

                        CONGRESSIONAL OPERATIONS

                                 SENATE

                    Contingent Expenses of the Senate

                         secretary of the senate

                           (transfer of funds)

    For an additional amount for expenses of the ``Office of the 
Secretary of the Senate'', to carry out the provisions of section 8 of 
the Legislative Branch Appropriations Act, 1997, $5,000,000, to remain 
available until September 30, 2000, to be derived by transfer from funds 
previously appropriated from fiscal year 1997 funds under the heading 
``SENATE'', subject to the approval of the Committee on Appropriations.

                        HOUSE OF REPRESENTATIVES

      Payments to Widows and Heirs of Deceased Members of Congress

    For <<NOTE: Marissa Tejeda. Sonya Tejeda. Frank Tejeda, 
III.>> payment to Marissa, Sonya, and Frank (III) Tejeda, children of 
Frank Tejeda, late a Representative from the State of Texas, $133,600.

[[Page 111 STAT. 192]]

                              OTHER AGENCY

                             Botanic Garden

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses, Botanic 
Garden'', $33,500,000, to remain available until expended, for emergency 
repair and renovation of the Conservatory.

                      GENERAL PROVISIONS, CHAPTER 7

    Sec. 7001. Section 105(f) of the Legislative Branch Appropriation 
Act, 1968 (2 U.S.C. 61-1(f)) is amended by adding at the end the 
following: ``The limitation on the minimum rate of gross compensation 
under this subsection shall not apply to any member or civilian employee 
of the Capitol Police whose compensation is disbursed by the Secretary 
of the Senate.''.
    Sec. 7002. <<NOTE: 2 USC 59-1.>>  (a) Notwithstanding any other 
provision of law or regulation, with the approval of the Committee on 
Rules and Administration of the Senate, the Sergeant at Arms and 
Doorkeeper of the Senate is authorized to provide additional facilities, 
services, equipment, and office space for use by a Senator in that 
Senator's State in connection with a disaster or emergency declared by 
the President under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act. Expenses incurred by the Sergeant at Arms and Doorkeeper 
of the Senate under this section shall be paid from the appropriation 
account, within the contingent fund of the Senate, for expenses of the 
Office of the Sergeant at Arms and Doorkeeper of the Senate, upon 
vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate 
with the approval of the Committee on Rules and Administration of the 
Senate.

    (b) This <<NOTE: Effective date.>>  section is effective on and 
after the date of enactment of this Act.

    Sec. 7003. (a) Section 2 of Public Law 100-71 (2 U.S.C. 65f) is 
amended by adding at the end the following:
    ``(c) Upon the written request of the Secretary of the Senate, with 
the approval of the Committee on Appropriations of the Senate, there 
shall be transferred any amount of funds available under subsection (a) 
specified in the request, but not to exceed $10,000 in any fiscal year, 
from the appropriation account (within the contingent fund of the 
Senate) for expenses of the Office of the Secretary of the Senate to the 
appropriation account for the expense allowance of the Secretary of the 
Senate. Any funds so transferred shall be available in like manner and 
for the same purposes as are other funds in the account to which the 
funds are transferred.''.
    (b) The amendment <<NOTE: Effective date. 2 USC 65f note.>>  made by 
subsection (a) shall be effective with respect to appropriations for 
fiscal years beginning on or after October 1, 1996.

    Sec. 7004. The <<NOTE: 41 USC 253l-1.>>  Comptroller General may use 
available funds, now and hereafter, to enter into contracts for the 
acquisition of severable services for a period that begins in one fiscal 
year and ends in the next fiscal year and to enter in multiyear 
contracts for the acquisition of property and nonaudit-related services, 
to the same extent as executive agencies under the authority of sections 
303L and 304B, respectively, of the Federal Property and Administrative 
Services Act (41 U.S.C. 253l and 254c).

[[Page 111 STAT. 193]]

                                CHAPTER 8

                      DEPARTMENT OF TRANSPORTATION

                               Coast Guard

                           operating expenses

    For an additional amount for ``Operating Expenses'', $1,600,000, for 
necessary expenses directly related to support activities in the TWA 
Flight 800 crash investigation, to remain available until expended.

                               retired pay

    For an additional amount for ``Retired Pay'', $9,200,000.

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

    For an additional amount for the Emergency Relief Program for 
emergency expenses resulting from flooding and other natural disasters, 
as authorized by 23 U.S.C. 125, $650,000,000, to be derived from the 
Highway Trust Fund and to remain available until expended: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided further, 
That 23 U.S.C. 125(b)(1) shall not apply to projects resulting from the 
December 1996 and January 1997 flooding in the western States.

                          federal-aid highways

                       (limitation on obligations)

                          (highway trust fund)

    The limitation under this heading in Public Law 104-205 is increased 
by $694,810,534: Provided, That such additional authority shall remain 
available during fiscal year 1997: Provided further, That 
notwithstanding any other provision of law, the authority provided 
herein above shall be distributed to ensure that States receive an 
amount they would have received had the Highway Trust Fund fiscal year 
1994 income statement not been understated prior to the revision on 
December 24, 1996: Provided further, That notwithstanding any other 
provision of law, $318,077,043 of the amount provided herein above shall 
be distributed to assure that States receive obligation authority that 
they would have received had the Highway Trust Fund fiscal year 1995 
income statement not been revised on December 24, 1996: Provided 
further, That the remaining authority provided herein above shall be 
distributed to those States whose share of Federal-aid obligation 
limitation under section 310 of Public Law 104-205 is less than the 
amount such States received under section 310(a) of Public Law 104-50 in 
fiscal year 1996 in a ratio equal to the amounts necessary

[[Page 111 STAT. 194]]

to bring each such State to the Federal-aid obligation limitation 
distributed under section 310(a) of Public Law 104-50.

                     Federal Railroad Administration

              emergency railroad rehabilitation and repair

    For necessary expenses to repair and rebuild freight rail lines of 
regional and short line railroads or a State entity damaged by floods, 
$18,900,000, to be awarded subject to the discretion of the Secretary on 
a case-by-case basis: Provided, That up to $900,000 shall be solely for 
damage incurred in West Virginia in September 1996 and $18,000,000 shall 
be solely for damage incurred in the Northern Plains States in March and 
April 1997: Provided further, That funds provided under this head shall 
be available for rehabilitation of railroad rights-of-way, bridges, and 
other facilities which are part of the general railroad system of 
transportation, and primarily used by railroads to move freight traffic: 
Provided further, That railroad rights-of-way, bridges, and other 
facilities owned by class I railroads are not eligible for funding under 
this head unless the rights-of-way, bridges or other facilities are 
under contract lease to a class II or class III railroad under which the 
lessee is responsible for all maintenance costs of the line: Provided 
further, That railroad rights-of-way, bridges and other facilities owned 
by passenger railroads, or by tourist, scenic, or historic railroads are 
not eligible for funding under this head: Provided further, That these 
funds shall be available only to the extent an official budget request, 
for a specific dollar amount, that includes designation of the entire 
amount as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That all funds made available 
under this head are to remain available until September 30, 1997.

                             RELATED AGENCY

                  National Transportation Safety Board

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', for 
emergency expenses resulting from the crashes of TWA Flight 800, ValuJet 
Flight 592, and Comair Flight 3272, and for assistance to families of 
victims of aviation accidents as authorized by Public Law 104-264, 
$29,859,000, of which $4,877,000 shall remain available until expended: 
Provided, That these funds shall be available only to the extent an 
official budget request, for a specific dollar amount, that includes 
designation of the entire amount as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and

[[Page 111 STAT. 195]]

Emergency Deficit Control Act of 1985, as amended: Provided further, 
That notwithstanding any other provision of law, not more than 
$10,330,000 shall be provided by the National Transportation Safety 
Board to the Department of the Navy as reimbursement for costs incurred 
in connection with recovery of wreckage from TWA Flight 800 and shall be 
credited to the appropriation contained in the Omnibus Consolidated 
Appropriations Act, 1997, which is available for the same purpose as the 
appropriation originally charged for the expense for which the 
reimbursements are received, to be merged with, and to be available for 
the same purpose as the appropriation to which such reimbursements are 
credited: Provided further, That notwithstanding any other provision of 
law, of the amount provided to the National Transportation Safety Board, 
not more than $6,059,000 shall be made available to the State of New 
York and local counties in New York, as reimbursement for costs incurred 
in connection with the crash of TWA Flight 800: Provided further, That 
notwithstanding any other provision of law, of the amount provided, not 
more than $3,100,000 shall be made available to Metropolitan Dade 
County, Florida as reimbursement for costs incurred in connection with 
the crash of ValuJet Flight 592: Provided further, That notwithstanding 
any other provision of law, of the amount provided, not more than 
$300,000 shall be made available to Monroe County, Michigan as 
reimbursement for costs incurred in connection with the crash of Comair 
Flight 3272.

                      GENERAL PROVISIONS, CHAPTER 8

    Sec. 8001. Title I of the Department of Transportation and Related 
Agencies Appropriations Act, 1997 (Public Law 104-205) is amended under 
the heading ``Federal Transit Administration--Discretionary <<NOTE: 110 
Stat. 2964.>>  Grants'' by striking ``$661,000,000'' and inserting 
``$661,000''.

    Sec. 8002. Section 325 of title III of the Department of 
Transportation and Related Agencies Appropriations Act, 1997 (Public Law 
104-205) is <<NOTE: 110 Stat. 2973.>>  amended by deleting all text 
following: ``Provided, That such funds shall not be subject to the 
obligation limitation for Federal-aid highways and highway safety 
construction.''.

    Sec. 8003. Section 410(j) of title 23, United States Code, is 
amended by striking the period after ``1997'' and inserting ``, and an 
additional $500,000 for fiscal year 1997.''.
    Sec. 8004. Section 30308(a) of title 49, United States Code, is 
amended by striking ``and 1996'' and inserting ``, 1996, and 1997''.

                                CHAPTER 9

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                          salaries and expenses

    For an additional amount under the heading ``Departmental Offices, 
Salaries and Expenses'', $1,950,000: Provided, That the Secretary of the 
Treasury may utilize the law enforcement services, personnel, equipment, 
and facilities of the State of Colorado, the

[[Page 111 STAT. 196]]

County of Denver, and the City of Denver, with their consent, and shall 
reimburse the State of Colorado, the County of Denver, and the City of 
Denver for the utilization of such law enforcement services, personnel 
(for salaries, overtime, and benefits), equipment, and facilities for 
security arrangements for the Denver Summit of Eight being held June 20 
through June 22, 1997, in Denver, Colorado subject to verification of 
appropriate costs.

               COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT

                       DEPARTMENT OF THE TREASURY

                      United States Customs Service

                          salaries and expenses

    Of the funds made available under this heading in Public Law 104-
208, $16,000,000 shall be available until September 30, 1998 to develop 
further the Automated Targeting System.

                           U.S. POSTAL SERVICE

                   Payment to the Postal Service Fund

    For an additional amount for the Postal Service Fund for revenue 
forgone on free and reduced rate mail, pursuant to subsection (d) of 
section 2401 of title 39, United States Code, $5,383,000.

                      GENERAL PROVISIONS, CHAPTER 9

    Sec. 9001. The Administrator of General Services is authorized to 
obligate the funds appropriated in Public Law 104-208 for construction 
of the Montgomery, Alabama courthouse.
    Sec. 9002. None of the funds appropriated or made available in this 
Act or any other Act may be used by the General Services Administration 
to implement section 1555 of the Federal Acquisition Streamlining Act of 
1994 (Public Law 103-355) prior to the date of adjournment of the first 
session of the 105th Congress.
    Sec. 9003. (a) The Bureau of Engraving and Printing and the 
Department of the Treasury shall not award a contract for Solicitation 
No. BEP-97-13(TN) or Solicitation No. BEP-96-13(TN) until the General 
Accounting Office (GAO) has completed a comprehensive analysis of the 
optimum circumstances for government procurement of 
distinctive <<NOTE: Reports.>>  currency paper. The GAO shall report its 
findings to the House and Senate Committees on Appropriations no later 
than August 1, 1998.

    (b) The contractual term of the distinctive currency paper 
``bridge'' contract shall not exceed 24 months, and the contract shall 
not be effective until the Secretary of the Department of the Treasury 
certifies that the price under the terms of any ``bridge'' contract is 
fair and reasonable and that the terms of any ``bridge'' contract are 
customary and appropriate according to Federal procurement regulations. 
In <<NOTE: Reports.>>  addition, the Secretary of the Treasury shall 
report to the Committees on Appropriations on the price and profit 
levels of any ``bridge'' contract at the time of certification.

    Sec. 9004. (a) Chapter 63 of title 5, United States Code, is amended 
by adding after subchapter V the following:

[[Page 111 STAT. 197]]

      ``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

``Sec. 6391. Authority for leave transfer program in disasters and 
                        emergencies

    ``(a) For the purpose of this section--
            ``(1) `employee' means an employee as defined in section 
        6331(1); and
            ``(2) `agency' means an Executive agency.

    ``(b) In the event of a major disaster or emergency, as declared by 
the President, that results in severe adverse effects for a substantial 
number of employees, the President may direct the Office of Personnel 
Management to establish an emergency leave transfer program under which 
any employee in any agency may donate unused annual leave for transfer 
to employees of the same or other agencies who are adversely affected by 
such disaster or emergency.
    ``(c) The Office shall establish appropriate requirements for the 
operation of the emergency leave transfer program under subsection (b), 
including appropriate limitations on the donation and use of annual 
leave under the program. An employee may receive and use leave under the 
program without regard to any requirement that any annual leave and sick 
leave to a leave recipient's credit must be exhausted before any 
transferred annual leave may be used.
    ``(d) A leave bank established under subchapter IV may, to the 
extent provided in regulations prescribed by the Office, donate annual 
leave to the emergency leave transfer program established under 
subsection (b).
    ``(e) Except to the extent that the Office may prescribe by 
regulation, nothing in section 7351 shall apply to any solicitation, 
donation, or acceptance of leave under this section.
    ``(f) The Office <<NOTE: Regulations.>>  shall prescribe regulations 
necessary for the administration of this section.''.

    (b) The analysis for chapter 63 of title 5, United States Code, is 
amended by adding at the end the following:

      ``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

``6391. Authority for leave transfer program in disasters and 
           emergencies.''.

                               CHAPTER 10

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                        compensation and pensions

    For an additional amount for ``Compensation and pensions'', 
$928,000,000, to remain available until expended.

                        Administrative Provision

    The Secretary of Veterans Affairs may carry out the construction of 
a multi-story parking garage at the Department of Veterans Affairs 
medical center in Cleveland, Ohio, in the amount of $12,300,000, and 
there is authorized to be appropriated for fiscal

[[Page 111 STAT. 198]]

year 1997 for the Parking Revolving Fund account, a total of $12,300,000 
for this project.

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

                annual contributions for assisted housing

    Notwithstanding any other provision of law, of the $1,000,000 
appropriated for special purpose grants in Public Law 102-139, for a 
parking garage in Ashland, Kentucky, $500,000 shall be made available 
instead for use in acquiring parking in Ashland, Kentucky and $500,000 
shall be made available instead for the restoration of the Paramount 
Theater in Ashland, Kentucky.

                 preserving existing housing investment

    For an additional amount for ``Preserving existing housing 
investment'', to be made available for use in conjunction with 
properties that are eligible for assistance under the Low-Income Housing 
Preservation and Resident Homeownership Act of 1990 or the Emergency Low 
Income Housing Preservation Act of 1987, $3,500,000, to remain available 
until expended: Provided, That up to such amount shall be for a project 
in Syracuse, New York, the processing for which was suspended, deferred 
or interrupted for a period of nine months or more because of differing 
interpretations, by the Secretary of Housing and Urban Development and 
an owner, concerning the timing of the ability of an uninsured section 
236 property to prepay, or by the Secretary and a State rent regulatory 
agency concerning the effect of a presumptively applicable State rent 
control law or regulation on the determination of preservation value 
under section 213 of such Act, if the owner of such project filed a 
notice of intent to extend the low-income affordability restrictions of 
the housing on or before August 23, 1993, and the Secretary approved the 
plan of action on or before July 25, 1996.

   capacity building for community development and affordable housing

                           (transfer of funds)

    For ``Capacity building for community development and affordable 
housing'', as authorized by section 4 of the HUD Demonstration Act of 
1993 (Public Law 103-120), $30,200,000, to remain available until 
expended, and to be derived by transfer from the Homeownership and 
Opportunity for People Everywhere Grants account: Provided, That at 
least $10,000,000 of the funding under this head be used in rural areas, 
including tribal areas.

                   Community Planning and Development

                 community development block grants fund

    For an additional amount for ``Community development block grants 
fund'', as authorized under title I of the Housing and Community 
Development Act of 1974, $500,000,000, of which $250,000,000 shall 
become available for obligation on October 1, 1997, all of which shall 
remain available until September 30, 2000, for use

[[Page 111 STAT. 199]]

only for buyouts, relocation, long-term recovery, and mitigation in 
communities affected by the flooding in the upper Midwest and other 
disasters in fiscal year 1997 and such natural disasters designated 30 
days prior to the start of fiscal year 1997, except those activities 
reimbursable or for which funds are made available by the Federal 
Emergency Management Agency, the Small Business Administration, or the 
Army Corps of Engineers: Provided, That in administering these amounts, 
the Secretary may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers in 
connection with the obligation by the Secretary or the use by the 
recipient of these funds, except for statutory requirements related to 
civil rights, fair housing and nondiscrimination, the environment, and 
labor standards, upon a finding that such waiver is required to 
facilitate the use of such funds, and would not be inconsistent with the 
overall purpose of the statute: Provided further, That 
the <<NOTE: Federal Register, publication.>>  Secretary of Housing and 
Urban Development shall publish a notice in the Federal Register 
governing the use of community development block grants funds in 
conjunction with any program administered by the Director of the Federal 
Emergency Management Agency for buyouts for structures in disaster 
areas: Provided further, That for any funds under this head used for 
buyouts in conjunction with any program administered by the Director of 
the Federal Emergency Management Agency, each State or unit of general 
local government requesting funds from the Secretary of Housing and 
Urban Development for buyouts shall submit a plan to the Secretary which 
must be approved by the Secretary as consistent with the requirements of 
this program: Provided further, That the <<NOTE: Reports.>>  Secretary 
of Housing and Urban Development and the Director of the Federal 
Emergency Management Agency shall submit quarterly reports to the House 
and Senate Committees on Appropriations on all disbursements and uses of 
funds for or associated with buyouts: Provided further, That for 
purposes of disasters eligible under this head the Secretary of Housing 
and Urban Development may waive, on a case-by-case basis and upon such 
other terms as the Secretary may specify, in whole or in part, the 
requirements that activities benefit persons of low- and moderate-income 
pursuant to section 122 of the Housing and Community Development Act of 
1974, and may waive, in whole or in part, the requirements that housing 
qualify as affordable housing pursuant to section 290 of the HOME 
Investment Partnerships Act: Provided further, That the entire amount 
shall be available only to the extent an official budget request, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined by the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                      Management and Administration

                          salaries and expenses

    Of the <<NOTE: Contracts.>>  funds appropriated under this head in 
Public Law 104-204, the Secretary of Housing and Urban Development shall 
enter into a contract with the National Academy of Public Administration 
not to exceed $1,000,000 no later than one month after enactment

[[Page 111 STAT. 200]]

of this Act for an evaluation of the Department of Housing and Urban 
Development's management systems.

                          INDEPENDENT AGENCIES

                     Environmental Protection Agency

                        buildings and facilities

    From the amounts appropriated under this heading in prior 
appropriation Acts for the Center for Ecology Research and Training 
(CERT), the Environmental Protection Agency (EPA) shall, after the 
closing of the period for filing CERT-related claims pursuant to the 
Uniform Relocation Assistance and Real Property Acquisition Policies Act 
of 1970 (42 U.S.C. 4601 et seq.), obligate the maximum amount of funds 
necessary to settle all outstanding CERT-related claims against the EPA 
pursuant to such Act. To the extent that unobligated balances then 
remain from such amounts previously appropriated, the EPA is authorized 
beginning in fiscal year 1997 to make grants to the City of Bay City, 
Michigan, for the purpose of EPA-approved environmental remediation and 
rehabilitation of publicly owned real property included in the 
boundaries of the CERT project.

                   state and tribal assistance grants

    The funds appropriated in Public Law 104-204 to the Environmental 
Protection Agency under this heading for grants to States and federally 
recognized tribes for multi-media or single media pollution prevention, 
control, and abatement and related activities, $674,207,000, may also be 
used for the direct implementation by the Federal Government of a 
program required by law in the absence of an acceptable State or tribal 
program.

                   Federal Emergency Management Agency

                             disaster relief

    For an additional amount for ``Disaster relief '', $3,300,000,000, 
to remain available until expended: Provided, That $2,300,000,000 shall 
become available for obligation on September 30, 1997, but shall not 
become available until the Director of the Federal Emergency Management 
Agency submits to the Congress a legislative proposal to control 
disaster relief expenditures including the elimination of funding for 
certain revenue producing facilities: Provided further, That of the 
funds made available under this heading, up to $20,000,000 may be 
transferred to the Disaster Assistance Direct Loan Program for the cost 
of direct loans as authorized under section 417 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.): Provided further, That such transfer may be made to subsidize 
gross obligations for the principal amount of direct loans not to exceed 
$21,000,000 under section 417 of the Stafford Act: Provided further, 
That any such transfer of funds shall be made only upon certification by 
the Director of the Federal Emergency Management Agency that all 
requirements of section 417 of the Stafford Act will be complied with: 
Provided further, That the entire amount appropriated herein shall be 
available only to the extent that an official budget request

[[Page 111 STAT. 201]]

for a specific dollar amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to Congress: Provided further, That the 
entire amount appropriated herein is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                     GENERAL PROVISIONS, CHAPTER 10

    Sec. 10001. The <<NOTE: Records. Contracts. 42 USC 3548.>>  
Secretary shall submit semi-annually to the Committees on Appropriations 
a list of all contracts and task orders issued under such contracts in 
excess of $250,000 which were entered into during the prior 6-month 
period by the Secretary, the Government National Mortgage Association, 
and the Office of Federal Housing Enterprise Oversight (or by any 
officer of the Department of Housing and Urban Development, the 
Government National Mortgage Association, or the Office of Federal 
Housing Enterprise Oversight acting in his or her capacity to represent 
the Secretary or these entities). Each listing shall identify the 
parties to the contract, the term and amount of the contract, and the 
subject matter and responsibilities of the parties to the contract.

    Sec. 10002. Section 8(c)(9) of the United States Housing Act of 1937 
is <<NOTE: 42 USC 1437f.>>  amended by striking out ``Not less than one 
year prior to terminating any contract'' and inserting in lieu thereof: 
``Not less than 180 days prior to terminating any contract''.

    Sec. 10003. The first sentence of section 542(c)(4) of the Housing 
and Community Development Act of 1992 is <<NOTE: 12 USC 1707 note.>>  
amended by striking out ``on not more than 12,000 units during fiscal 
year 1996'' and inserting in lieu thereof: ``on not more than 12,000 
units during fiscal year 1996 and not more than an additional 7,500 
units during fiscal year 1997''.

    Sec. 10004. Section 4(a) and (b)(3) of the HUD Demonstration Act of 
1993 is <<NOTE: 42 USC 9816 note.>>  amended by inserting after 
``National Community Development Initiative'': ``, Local Initiatives 
Support Corporation, The Enterprise Foundation, Habitat for Humanity, 
and Youthbuild USA''.

    Sec. 10005. Section 234(c) of <<NOTE: 12 USC 1715y.>>  the National 
Housing Act is amended by inserting after ``203(b)(2)'' the following: 
``or pursuant to section 203(h) under the conditions described in 
section 203(h)''.

    Sec. 10006. Section 211(b)(4)(B) of the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations <<NOTE: 42 USC 1437f note.>>  Act, 1997 (Public Law 104-
204) is amended by inserting the following at the end: ``The term 
`owner', as used in this subparagraph, in addition to it having the same 
meaning as in section 8(f) of the United States Housing Act of 1937, 
also means an affiliate of the owner. The term `affiliate of the owner' 
means any person or entity (including, but not limited to, a general 
partner or managing member, or an officer of either) that controls an 
owner, is controlled by an owner, or is under common control with the 
owner. The term `control' means the direct or indirect power (under 
contract, equity ownership, the right to vote or determine a vote, or 
otherwise) to direct the financial, legal, beneficial, or other 
interests of the owner.''.

[[Page 111 STAT. 202]]

                               CHAPTER 11

                         OFFSETS AND RESCISSIONS

                        DEPARTMENT OF AGRICULTURE

                         Office of the Secretary

                         fund for rural america

    Of the funds provided on January 1, 1997 for section 793 of Public 
Law 104-127, Fund for Rural America, not more than $80,000,000 shall be 
available.

                        Food and Consumer Service

                  the emergency food assistance program

    Notwithstanding section 27(a) of the Food Stamp Act, the amount 
specified for allocation under such section for fiscal year 1997 shall 
be $80,000,000.

         Foreign Agricultural Service and General Sales Manager

                              export credit

    None of the funds made available in the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 1997, Public Law 104-180, may be used to pay the 
salaries and expenses of personnel to carry out a combined program for 
export credit guarantees, supplier credit guarantees, and emerging 
democracies facilities guarantees at a level which exceeds 
$3,500,000,000.

                       export enhancement program

    None of the funds appropriated or otherwise made available in Public 
Law 104-180 shall be used to pay the salaries and expenses of personnel 
to carry out an export enhancement program if the aggregate amount of 
funds and/or commodities under such program exceeds $10,000,000.

                          DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

    Of the unobligated balances available under this heading, $6,400,000 
are rescinded.

                            Legal Activities

                         assets forfeiture fund

                              (rescission)

    Of the amounts made available to the Attorney General on October 1, 
1996, from surplus balances declared in prior years

[[Page 111 STAT. 203]]

pursuant to 28 U.S.C. 524(c), authority to obligate $3,000,000 of such 
funds in fiscal year 1997 is rescinded.

                 Immigration and Naturalization Service

                              construction

                              (rescission)

    Of the unobligated balances under this heading from amounts made 
available in Public Law 103-317, $1,000,000 are rescinded.

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     industrial technology services

                              (rescission)

    Of the unobligated balances available under this heading for the 
Advanced Technology Program, $7,000,000 are rescinded.

                            RELATED AGENCIES

                    Federal Communications Commission

                          salaries and expenses

                              (rescission)

    Of the unobligated balances available under this heading, $1,000,000 
are rescinded.

                       Ounce of Prevention Council

                              (rescission)

    Of the amounts made available under this heading in Public Law 104-
208, $1,000,000 are rescinded.

                          DEPARTMENT OF ENERGY

                             Energy Programs

           energy supply, research and development activities

                              (rescission)

    Of the funds made available under this heading in Public Law 104-206 
and prior years' Energy and Water Development Appropriations Acts, 
$11,180,000 are rescinded.

                          Clean Coal Technology

                              (rescission)

    Of the funds made available under this heading for obligation in 
fiscal year 1997 or prior years, $17,000,000 are rescinded: Provided, 
That funds made available in previous appropriations Acts

[[Page 111 STAT. 204]]

shall be available for any ongoing project regardless of the separate 
request for proposal under which the project was selected.

                       Strategic Petroleum Reserve

                              (rescission)

    Of the funds made available under this heading in previous 
appropriations Acts, $11,000,000 are rescinded.

                     Power Marketing Administrations

 construction, rehabilitation, operation and maintenance, western area 
                          power administration

                              (rescission)

    Of the funds made available under this heading in Public Law 104-206 
and prior years' Energy and Water Development Appropriations Acts, 
$11,352,000 are rescinded.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                   job opportunities and basic skills

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, there is rescinded an amount equal to the total of the funds within 
each State's limitation for fiscal year 1997 that are not necessary to 
pay such State's allowable claims for such fiscal year.
    Section 403(k)(3)(F) of the <<NOTE: 42 USC 603.>>  Social Security 
Act (as in effect on October 1, 1996) is amended by adding after the 
``,'' the following: ``reduced by an amount equal to the total of those 
funds that are within each State's limitation for fiscal year 1997 that 
are not necessary to pay such State's allowable claims for such fiscal 
year (except that such amount for such year shall be deemed to be 
$1,000,000,000 for the purpose of determining the amount of the payment 
under subsection (1) to which each State is entitled),''.

                      DEPARTMENT OF TRANSPORTATION

                     Federal Aviation Administration

                       grants-in-aid for airports

                     (airport and airway trust fund)

                 (rescission of contract authorization)

    Of the unobligated balances authorized under 49 U.S.C. 48103 as 
amended, $750,000,000 are rescinded.

[[Page 111 STAT. 205]]

             National Highway Traffic Safety Administration

                      highway traffic safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

    Of the available balances of contract authority under this heading, 
$13,000,000 are rescinded.

                     Federal Transit Administration

                      trust fund share of expenses

                          (highway trust fund)

                 (rescission of contract authorization)

    Of the available balances of contract authority under this heading, 
$271,000,000 are rescinded.

                          discretionary grants

                          (highway trust fund)

                 (rescission of contract authorization)

    Of the available balances of contract authority under this heading, 
for fixed guideway modernization and bus activities under 49 U.S.C. 
5309(m)(A) and (C), $588,000,000 are rescinded.

                           INDEPENDENT AGENCY

                     General Services Administration

                    expenses, presidential transition

                              (rescission)

    Of the amounts made available under this heading in Public Law 104-
208, $5,600,000 are rescinded.

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

                annual contributions for assisted housing

                         (including rescission)

    Of the amounts recaptured under this heading during fiscal year 1997 
and prior years, $3,650,000,000 are rescinded: Provided, That the 
Secretary of Housing and Urban Development shall recapture at least 
$5,800,000,000 in amounts heretofore maintained as section 8 reserves 
made available to housing agencies for tenant-based assistance under the 
section 8 existing housing certificate and housing voucher programs: 
Provided further, That all additional section 8 reserve funds of an 
amount not less than $2,150,000,000 and any recaptures (other than funds 
already designated for other uses) specified in section 214 of Public 
Law 104-204 shall be preserved under the head ``Section 8 Reserve 
Preservation Account''

[[Page 111 STAT. 206]]

for use in extending section 8 contracts expiring in fiscal year 1998 
and thereafter: Provided further, That the Secretary may recapture less 
than $5,800,000,000 and reserve less than $2,150,000,000 where the 
Secretary determines that insufficient section 8 funds are available for 
current fiscal year contract obligations: Provided further, That the 
Comptroller General of the United States shall conduct an audit of all 
accounts of the Department of Housing and Urban Development to determine 
whether the Department's systems for budgeting and accounting for 
section 8 rental assistance ensure that unexpended funds do not reach 
unreasonable levels and that obligations are spent in a timely manner.

                           INDEPENDENT AGENCY

              National Aeronautics and Space Administration

                     national aeronautics facilities

                              (rescission)

    Of the funds made available under this heading in Public Law 103-
327, $365,000,000 are rescinded.

                   funds appropriated to the president

                           unanticipated needs

                              (rescission)

    Of the funds made available under this heading in Public Law 103-211 
to NASA for ``Space flight, control, and data communications'', 
$4,200,000 are rescinded.

                                TITLE III

                      GENERAL PROVISIONS--THIS ACT

    Sec. 30001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

                        buy-american requirements

    Sec. 30002. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
the Buy American Act (41 U.S.C. 10a-10c).
    (b) Sense of Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds made 
        available in this Act, it is the sense of the Congress that 
        entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act,

[[Page 111 STAT. 207]]

        the head of each Federal agency shall provide to each recipient 
        of the assistance a notice describing the statement made in 
        paragraph (1) by the Congress.

    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 30003. The Office of Management and Budget is directed to work 
with Federal agencies, as appropriate, to support the extension and 
revision of Federal grants, contracts, and cooperative agreements at 
universities affected by flooding in designated Federal disaster areas 
where work on such grants, contracts, and cooperative agreements was 
suspended as a result of the flood disaster.

 TITLE IV--COST <<NOTE: Cost of Higher Education Review Act of 1997.>>  
OF HIGHER EDUCATION REVIEW

SEC. 40001. SHORT TITLE; FINDINGS.

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

SEC. 40002. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST OF HIGHER 
            EDUCATION.

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

SEC. 40003. MEMBERSHIP OF COMMISSION.

    (a) Appointment.--The Commission shall be composed of 11 members as 
follows:
            (1) Three individuals shall be appointed by the Speaker of 
        the House.
            (2) Two individuals shall be appointed by the Minority 
        Leader of the House.
            (3) Three individuals shall be appointed by the Majority 
        Leader of the Senate.
            (4) Two individuals shall be appointed by the Minority 
        Leader of the Senate.

[[Page 111 STAT. 208]]

            (5) One individual shall be appointed by the Secretary of 
        Education.

    (b) Additional Qualifications.--Each of the individuals appointed 
under subsection (a) shall be an individual with expertise and 
experience in higher education finance (including the financing of State 
institutions of higher education), Federal financial aid programs, 
education economics research, public or private higher education 
administration, or business executives who have managed successful cost 
reduction programs.
    (c) Chairperson and Vice Chairperson.--The members of the Commission 
shall elect a Chairperson and a Vice Chairperson. In the absence of the 
Chairperson, the Vice Chairperson will assume the duties of the 
Chairperson.
    (d) Quorum.--A majority of the members of the Commission shall 
constitute a quorum for the transaction of business.
    (e) Appointments.--All appointments under subsection (a) shall be 
made within 30 days after the date of enactment of this Act. In the 
event that an officer authorized to make an appointment under subsection 
(a) has not made such appointment within such 30 days, the appointment 
may be made for such officer as follows:
            (1) the Chairman of the Committee on Education and the 
        Workforce may act under such subsection for the Speaker of the 
        House of Representatives;
            (2) the Ranking Minority Member of the Committee on 
        Education and the Workforce may act under such subsection for 
        the Minority Leader of the House of Representatives;
            (3) the Chairman of the Committee on Labor and Human 
        Resources may act under such subsection for the Majority Leader 
        of the Senate; and
            (4) the Ranking Minority Member of the Committee on Labor 
        and Human Resources may act under such subsection for the 
        Minority Leader of the Senate.

    (f) Voting.--Each member of the Commission shall be entitled to one 
vote, which shall be equal to the vote of every other member of the 
Commission.
    (g) Vacancies.--Any vacancy on the Commission shall not affect its 
powers, but shall be filled in the manner in which the original 
appointment was made.
    (h) Prohibition of Additional Pay.--Members of the Commission shall 
receive no additional pay, allowances, or benefits by reason of their 
service on the Commission. Members appointed from among private citizens 
of the United States may be allowed travel expenses, including per diem, 
in lieu of subsistence, as authorized by law for persons serving 
intermittently in the government service to the extent funds are 
available for such expenses.
    (i) Initial Meeting.--The initial meeting of the Commission shall 
occur within 40 days after the date of enactment of this Act.

SEC. 40004. FUNCTIONS OF COMMISSION.

    (a) Specific Findings and Recommendations.--The Commission shall 
study and make findings and specific recommendations regarding the 
following:
            (1) The increase in tuition compared with other commodities 
        and services.
            (2) Innovative methods of reducing or stabilizing tuition.

[[Page 111 STAT. 209]]

            (3) Trends in college and university administrative costs, 
        including administrative staffing, ratio of administrative staff 
        to instructors, ratio of administrative staff to students, 
        remuneration of administrative staff, and remuneration of 
        college and university presidents or chancellors.
            (4) Trends in (A) faculty workload and remuneration 
        (including the use of adjunct faculty), (B) faculty-to-student 
        ratios, (C) number of hours spent in the classroom by faculty, 
        and (D) tenure practices, and the impact of such trends on 
        tuition.
            (5) Trends in (A) the construction and renovation of 
        academic and other collegiate facilities, and (B) the 
        modernization of facilities to access and utilize new 
        technologies, and the impact of such trends on tuition.
            (6) The extent to which increases in institutional financial 
        aid and tuition discounting have affected tuition increases, 
        including the demographics of students receiving such aid, the 
        extent to which such aid is provided to students with limited 
        need in order to attract such students to particular 
        institutions or major fields of study, and the extent to which 
        Federal financial aid, including loan aid, has been used to 
        offset such increases.
            (7) The extent to which Federal, State, and local laws, 
        regulations, or other mandates contribute to increasing tuition, 
        and recommendations on reducing those mandates.
            (8) The establishment of a mechanism for a more timely and 
        widespread distribution of data on tuition trends and other 
        costs of operating colleges and universities.
            (9) The extent to which student financial aid programs have 
        contributed to changes in tuition.
            (10) Trends in State fiscal policies that have affected 
        college costs.
            (11) The adequacy of existing Federal and State financial 
        aid programs in meeting the costs of attending colleges and 
        universities.
            (12) Other related topics determined to be appropriate by 
        the Commission.

    (b) Final Report.--
            (1) In general.--Subject to paragraph (2), the Commission 
        shall submit to the President and to the Congress, not later 
        than 120 days after the date of the first meeting of the 
        Commission, a report which shall contain a detailed statement of 
        the findings and conclusions of the Commission, including the 
        Commission's recommendations for administrative and legislative 
        action that the Commission considers advisable.
            (2) Majority vote required for recommendations.--Any 
        recommendation described in paragraph (1) shall be made by the 
        Commission to the President and to the Congress only if such 
        recommendation is adopted by a majority vote of the members of 
        the Commission who are present and voting.
            (3) Evaluation of different circumstances.--In making any 
        findings under subsection (a) of this section, the Commission 
        shall take into account differences between public and private 
        colleges and universities, the length of the academic program, 
        the size of the institution's student population, and the 
        availability of the institution's resources, including the size 
        of the institution's endowment.

[[Page 111 STAT. 210]]

SEC. 40005. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may, for the purpose of carrying out 
this title, hold such hearings and sit and act at such times and places, 
as the Commission may find advisable.
    (b) Rules and Regulations.--The Commission may adopt such rules and 
regulations as may be necessary to establish the Commission's procedures 
and to govern the manner of the Commission's operations, organization, 
and personnel.
    (c) Assistance From Federal Agencies.--
            (1) Information.--The Commission may request from the head 
        of any Federal agency or instrumentality such information as the 
        Commission may require for the purpose of this title. Each such 
        agency or instrumentality shall, to the extent permitted by law 
        and subject to the exceptions set forth in section 552 of title 
        5, United States Code (commonly referred to as the Freedom of 
        Information Act), furnish such information to the Commission, 
        upon request made by the Chairperson of the Commission.
            (2) Facilities and services, personnel detail authorized.--
        Upon request of the Chairperson of the Commission, the head of 
        any Federal agency or instrumentality shall, to the extent 
        possible and subject to the discretion of such head--
                    (A) make any of the facilities and services of such 
                agency or instrumentality available to the Commission; 
                and
                    (B) detail any of the personnel of such agency or 
                instrumentality to the Commission, on a nonreimbursable 
                basis, to assist the Commission in carrying out the 
                Commission's duties under this title.

    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.
    (e) Contracting.--The Commission, to such extent and in such amounts 
as are provided in appropriation Acts, may enter into contracts with 
State agencies, private firms, institutions, and individuals for the 
purpose of conducting research or surveys necessary to enable the 
Commission to discharge the Commission's duties under this title.
    (f) Staff.--Subject to such rules and regulations as may be adopted 
by the Commission, and to such extent and in such amounts as are 
provided in appropriation Acts, the Chairperson of the Commission shall 
have the power to appoint, terminate, and fix the compensation (without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title, 
or of any other provision, or of any other provision of law, relating to 
the number, classification, and General Schedule rates) of an Executive 
Director, and of such additional staff as the Chairperson deems 
advisable to assist the Commission, at rates not to exceed a rate equal 
to the maximum rate for level IV of the Executive Schedule under section 
5332 of such title.

SEC. 40006. FUNDING OF COMMISSION.

    There is authorized to be appropriated for fiscal year 1997 for 
carrying out this title, $650,000, to remain available until

[[Page 111 STAT. 211]]

expended, or until one year after the termination of the Commission 
pursuant to section 40007, whichever occurs first.

SEC. 40007. TERMINATION OF COMMISSION.

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

TITLE V--DEPOSITORY <<NOTE: Depository Institutions Disaster Relief Act 
of 1997.>>  INSTITUTION DISASTER RELIEF

SEC. 50001. SHORT <<NOTE: 12 USC 1811 note.>>  TITLE.

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

SEC. 50002. TRUTH <<NOTE: 12 USC 4008 note.>>  IN LENDING ACT; EXPEDITED 
            FUNDS AVAILABILITY ACT.

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

SEC. 50003. DEPOSIT <<NOTE: 12 USC 1831o note.>>  OF INSURANCE PROCEEDS.

    (a) In General.--The appropriate Federal banking agency may, by 
order, permit an insured depository institution to subtract from the 
institution's total assets, in calculating compliance with the leverage 
limit prescribed under section 38 of the Federal Deposit Insurance Act, 
an amount not exceeding the qualifying amount attributable to insurance 
proceeds, if the agency determines that--
            (1) the institution--
                    (A) had its principal place of business within an 
                area in which the President, pursuant to section 401 of 
                the

[[Page 111 STAT. 212]]

                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act, has determined, on or after February 28, 
                1997, that a major disaster exists, or within an area 
                determined to be eligible for disaster relief under 
                other Federal law by reason of damage related to the 
                1997 flooding of the Red River of the North, the 
                Minnesota River, and the tributaries of such rivers, on 
                the day before the date of any such determination;
                    (B) derives more than 60 percent of its total 
                deposits from persons who normally reside within, or 
                whose principal place of business is normally within, 
                areas of intense devastation caused by the major 
                disaster;
                    (C) was adequately capitalized (as defined in 
                section 38 of the Federal Deposit Insurance Act) before 
                the major disaster; and
                    (D) has an acceptable plan for managing the increase 
                in its total assets and total deposits; and
            (2) the subtraction is consistent with the purpose of 
        section 38 of the Federal Deposit Insurance Act.

    (b) Time Limit on Exceptions.--Any exception made under this section 
shall expire not later than February 28, 1999.
    (c) Definitions.--For purposes of this section:
            (1) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency'' has the same meaning as 
        in section 3 of the Federal Deposit Insurance Act.
            (2) Insured depository institution.--The term ``insured 
        depository institution'' has the same meaning as in section 3 of 
        the Federal Deposit Insurance Act.
            (3) Leverage limit.--The term ``leverage limit'' has the 
        same meaning as in section 38 of the Federal Deposit Insurance 
        Act.
            (4) Qualifying amount attributable to insurance proceeds.--
        The term ``qualifying amount attributable to insurance 
        proceeds'' means the amount (if any) by which the institution's 
        total assets exceed the institution's average total assets 
        during the calendar quarter ending before the date of any 
        determination referred to in subsection (a)(1)(A), because of 
        the deposit of insurance payments or governmental assistance 
        made with respect to damage caused by, or other costs resulting 
        from, the major disaster.

SEC. 50004. BANKING <<NOTE: 12 USC 1828 note.>>  AGENCY PUBLICATION 
            REQUIREMENTS.

    (a) In General.--A qualifying regulatory agency may take any of the 
following actions with respect to depository institutions or other 
regulated entities whose principal place of business is within, or with 
respect to transactions or activities within, an area in which the 
President, pursuant to section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act, has determined, on or after 
February 28, 1997, that a major disaster exists, or within an area 
determined to be eligible for disaster relief under other Federal law by 
reason of damage related to the 1997 flooding of the Red River of the 
North, the Minnesota River, and the tributaries of such rivers, if the 
agency determines that the action would facilitate recovery from the 
major disaster:
            (1) Procedure.--Exercising the agency's authority under 
        provisions of law other than this section without complying 
        with--

[[Page 111 STAT. 213]]

                    (A) any requirement of section 553 of title 5, 
                United States Code; or
                    (B) any provision of law that requires notice or 
                opportunity for hearing or sets maximum or minimum time 
                limits with respect to agency action.
            (2) Publication requirements.--Making exceptions, with 
        respect to institutions or other entities for which the agency 
        is the primary Federal regulator, to--
                    (A) any publication requirement with respect to 
                establishing branches or other deposit-taking 
                facilities; or
                    (B) any similar publication requirement.

    (b) Publication <<NOTE: Federal Register, publication.>>  
Required.--A qualifying regulatory agency shall publish in the Federal 
Register a statement that--
            (1) describes any action taken under this section; and
            (2) explains the need for the action.

    (c) Qualifying Regulatory Agency Defined.--For purposes of this 
section, the term ``qualifying regulatory agency'' means--
            (1) the Board of Governors of the Federal Reserve System;
            (2) the Comptroller of the Currency;
            (3) the Director of the Office of Thrift Supervision;
            (4) the Federal Deposit Insurance Corporation;
            (5) the Financial Institutions Examination Council;
            (6) the National Credit Union Administration; and
            (7) with respect to chapter 53 of title 31, United States 
        Code, the Secretary of the Treasury.

    (d) Expiration.--Any exception made under this section shall expire 
not later than February 28, 1998.

SEC. 50005. SENSE OF THE CONGRESS.

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

SEC. 50006. OTHER <<NOTE: 12 USC 1811 note.>>  AUTHORITY NOT AFFECTED.

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

[[Page 111 STAT. 214]]

        TITLE VI--TECHNICAL AMENDMENTS WITH RESPECT TO EDUCATION

SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES REQUIRED WITH 
            RESPECT TO GRADUATION RATES.

    (a) Amendments.--Section 485 of the Higher Education Act of 1965 (20 
U.S.C. 1092) is amended--
            (1) in subsection (a)(3)(B), by striking ``June 30'' and 
        inserting ``August 31''; and
            (2) in subsection (e)(9), by striking ``August 30'' and 
        inserting ``August 31''.

    (b) Effective <<NOTE: 20 USC 1092 note.>> Dates.--
            (1) In General.--Except as provided in paragraph (2), the 
        amendments made by subsection (a) are effective upon enactment.
            (2) Information dissemination.--No institution shall be 
        required to comply with the amendment made by subsection (a)(1) 
        before July 1, 1998.

SEC. 60002. DATE EXTENSION.

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

SEC. 60003. TIMELY <<NOTE: Kansas. New Mexico.>>  FILING OF NOTICE.

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

SEC. 60004. HOLD HARMLESS PAYMENTS.

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

SEC. 60005. DATA.

    (a) In General.--Section 8003(f)(4) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703(f)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``expenditure,'' after 
                ``revenue,''; and
                    (B) by striking the semicolon and inserting a 
                period;
            (2) by striking ``the Secretary'' and all that follows 
        through ``shall use'' and inserting ``the Secretary shall use''; 
        and
            (3) by striking subparagraph (B).

[[Page 111 STAT. 215]]

    (b) Effective <<NOTE: 20 USC 7703 note.>>  Date.--The amendments 
made by subsection (a) shall apply with respect to fiscal years after 
fiscal year 1997.

SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY.

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

SEC. 60007. TIMELY FILING UNDER SECTION 8003.

    The Secretary of Education shall treat as timely filed, and shall 
process for payment, an amendment to an application for a fiscal year 
1997 payment from a local educational agency under section 8003 of the 
Elementary and Secondary Education Act of 1965 if--
            (1) that agency is described in subsection (a)(3) of that 
        section, as amended by section 376 of the National Defense 
        Authorization Act for Fiscal Year 1997 (Public Law 104-201);
            (2) that agency was not described in that subsection prior 
        to that amendment; and
            (3) the Secretary received the amendment to the agency's 
        application prior to the enactment of this Act.

[[Page 111 STAT. 216]]

                      TITLE VII--FOOD STAMP PROGRAM

 State Option to Issue Food Stamp Benefits to Certain Individuals Made 
                      Ineligible by Welfare Reform

    (a) In General.--Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 
2016) is amended--
            (1) in subsection (a), by inserting after ``necessary, and'' 
        the following: ``(except as provided in subsection (j))''; and
            (2) by adding at the end the following:

    ``(j) State Option to Issue Benefits to Certain Individuals Made 
Ineligible by Welfare Reform.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a State agency may, with the approval of the Secretary, 
        issue benefits under this Act to an individual who is ineligible 
        to participate in the food stamp program solely as a result of 
        section 6(o)(2) of this Act or section 402 or 403 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1612 or 1613).
            ``(2) State payments to secretary.--
                    ``(A) In general.--Not later than the date the State 
                agency issues benefits to individuals under this 
                subsection, the State agency shall pay the Secretary, in 
                accordance with procedures established by the Secretary, 
                an amount that is equal to--
                          ``(i) the value of the benefits; and
                          ``(ii) the costs of printing, shipping, and 
                      redeeming coupons, and other Federal costs, 
                      incurred in providing the benefits, as determined 
                      by the Secretary.
                    ``(B) Crediting.--Notwithstanding section 3302(b) of 
                title 31, United States Code, payments received under 
                subparagraph (A) shall be credited to the food stamp 
                program appropriation account or the account from which 
                the costs were drawn, as appropriate, for the fiscal 
                year in which the payment is received.
            ``(3) Reporting.--To be eligible to issue benefits under 
        this subsection, a State agency shall comply with reporting 
        requirements established by the Secretary to carry out this 
        subsection.
            ``(4) Plan.--To be eligible to issue benefits under this 
        subsection, a State agency shall--
                    ``(A) submit a plan to the Secretary that describes 
                the conditions and procedures under which the benefits 
                will be issued, including eligibility standards, benefit 
                levels, and the methodology the State agency will use to 
                determine amounts due the Secretary under paragraph (2); 
                and
                    ``(B) obtain the approval of the Secretary for the 
                plan.
            ``(5) Violations.--A sanction, disqualification, fine, or 
        other penalty prescribed under Federal law (including sections 
        12 and 15) shall apply to a violation committed in connection 
        with a coupon issued under this subsection.
            ``(6) Ineligibility for administrative reimbursement.--
        Administrative and other costs incurred in issuing a benefit 
        under this subsection shall not be eligible for Federal funding 
        under this Act.

[[Page 111 STAT. 217]]

            ``(7) Exclusion from enhanced payment accuracy systems.--
        Section 16(c) shall not apply to benefits issued under this 
        subsection.''.

    (b) Conforming Amendments.--Section 17(b)(1)(B)(iv) of the Food 
Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is amended--
            (1) in subclause (V), by striking ``or'' at the end;
            (2) in subclause (VI), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(VII) waives a provision of 
                                section 7(j).''.

                    TITLE VIII--2000 DECENNIAL CENSUS

    The Department of Commerce is directed within thirty days of 
enactment of this Act to provide to the Congress a comprehensive and 
detailed plan outlining its proposed methodologies for conducting the 
2000 decennial Census and available methods to conduct an actual 
enumeration of the population. This plan description shall specifically 
include:
            (1) a list of all statistical methodologies that may be used 
        in conducting the Census;
            (2) an explanation of these statistical methodologies;
            (3) a list of statistical errors which may occur as a result 
        of the use of each statistical methodology;
            (4) the estimated error rate down to the census tract level;
            (5) a cost estimation showing cost allocations for each 
        census activity plan; and
            (6) an analysis of all available options for counting hard-
        to-enumerate individuals, without utilizing sampling or any 
        other statistical methodology, including efforts like the 
        Milwaukee Complete Count project. The Department of Commerce is 
        also directed within thirty days of enactment of this Act to 
        provide to the Congress an estimate and explanation of the error 
        rate at the census block level based upon the 1995 test data.

    This Act may be cited as the ``1997 Emergency Supplemental 
Appropriations Act for Recovery from Natural Disasters, and for Overseas 
Peacekeeping Efforts, Including Those in Bosnia''.

    Approved June 12, 1997.

LEGISLATIVE HISTORY--H.R. 1871:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 143 (1997):
            June 12, considered and passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
            June 12, Presidential statement.

                                  <all>