[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1469 Received in Senate (RDS)]

  1st Session
                                H. R. 1469


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 1997

                                Received

_______________________________________________________________________

                                 AN ACT


 
Making emergency supplemental appropriations for recovery from natural 
 disasters, and for overseas peacekeeping efforts, including those in 
 Bosnia, for the fiscal year ending September 30, 1997, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for recovery from natural 
disasters, and for overseas peacekeeping efforts, including those in 
Bosnia, for the fiscal year ending September 30, 1997, and for other 
purposes, namely:

                                TITLE I

    EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM NATURAL 
                               DISASTERS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          FARM SERVICE AGENCY

                     Emergency Conservation Program

    For an additional amount for ``Emergency Conservation Program'' for 
expenses, including livestock carcass removal, resulting from flooding 
and other natural disasters, $65,000,000, to remain available until 
expended: Provided, That the entire amount shall be available only to 
the extent an official budget request for $65,000,000, 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.

                        tree assistance program

    For assistance to small orchardists to replace or rehabilitate 
trees and vineyards damaged by weather and related conditions, 
$9,000,000, to remain available until expended: Provided, That the 
entire amount shall be available only to the extent 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 the Congress: Provided further, That 
the entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of such Act.

                 NATURAL RESOURCES CONSERVATION SERVICE

               Watershed and Flood Prevention Operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'' to repair damages to the waterways and watersheds 
resulting from flooding and other natural disasters, $150,700,000, to 
remain available until expended: Provided, That the entire amount shall 
be available only to the extent an official budget request for 
$150,700,000, 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 cropland, the 
Secretary may use sufficient amounts, not to exceed $10,000,000, from 
funds provided under this heading to accept bids from willing sellers 
to provide floodplain easements for such cropland 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

    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.

                       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.), 
$38,000,000 (increased by $38,000,000), 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.

                               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, $49,700,000, 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: Provided further, That the entire amount shall 
be available only to the extent an official budget request, for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted to Congress.

             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

                              construction

    For an additional amount for ``Construction'' for emergency 
expenses resulting from flooding and other natural disasters, 
$10,800,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

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

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' due to flooding and other natural disasters, 
$415,000,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                       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. 301. 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.
    Sec. 302. 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''.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                              construction

    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 $3,003,000 is to be derived by transfer from 
unobligated balances of funds, under the heading ``Oregon and 
California Grant Lands'', made available as supplemental appropriations 
in Public Law 104-134: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                   Oregon and California Grant Lands

    For an additional amount for Oregon and California grant lands to 
repair damage caused by floods and other natural disasters, $2,694,000, 
to remain available until expended and to be derived 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.

                UNITED STATES FISH AND WILDLIFE SERVICE

                          Resource Management

    For an additional amount for resource management, $2,250,000, to 
remain available until September 30, 1998, for technical assistance and 
fish replacement made necessary 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.

                              Construction

    For an additional amount for construction, $81,000,000, 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, $15,000,000, 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, $186,912,000, to 
remain available until expended: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That of this amount, 
$30,000,000 shall be available only to the extent an official budget 
request for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
such Act, is transmitted by the President to Congress, and upon 
certification by the Secretary of the Interior to the President that a 
specific amount of such funds is required for (1) repair or replacement 
of concession use facilities at Yosemite National Park if the Secretary 
determines, after consulting with the Director of the Office of 
Management and Budget, that the repair or replacement of those 
facilities cannot be postponed until completion of an agreement with 
the Yosemite Concessions Services Corporation or any responsible third 
party to satisfy its repair or replacement obligations for the 
facilities, or (2) the Federal portion, if any, of the costs of repair 
or replacement of such concession use facilities: Provided further, 
That nothing herein should be construed as impairing in any way the 
rights of the United States against the Yosemite Concession Services 
Corporation or any other party or as relieving the Corporation or any 
other party of its obligations to the United States: Provided further, 
That prior to any final agreement by the Secretary with the Corporation 
or any other party concerning its obligation to repair or replace 
concession use facilities, the Solicitor of the Department of the 
Interior shall certify that the agreement fully satisfies the 
obligations of the Corporation or third party: Provided further, That 
nothing herein, or any payments, repairs, or replacements made by the 
Corporation or a third party in fulfillment of the Corporation's 
obligations to the United States to repair and replace damaged 
facilities, shall create any possessory interest for the Corporation or 
such third party in such repaired or replaced facilities: Provided 
further, That any payments made to the United States by the Corporation 
or a third party for repair or replacement of concession use facilities 
shall be deposited in the General Fund of the Treasury or, where 
facilities are repaired or replaced by the Corporation or any other 
third party, an equal amount of appropriations 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, 
$4,290,000, 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, 
$11,100,000, to remain available until September 30, 1998, for 
emergency response activities, including emergency school operations, 
heating costs, emergency welfare assistance, and to repair and replace 
facilities and resources damaged by snow, floods, and other natural 
disasters: Provided, That the entire amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                              Construction

    For an additional amount for construction, $5,554,000, to remain 
available until expended, to make repairs 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.

                       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, 
$37,107,000, 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, 
$32,334,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         INDIAN HEALTH SERVICE

                         Indian Health Services

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

                        Indian Health Facilities

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

                      GENERAL PROVISION, CHAPTER 4

    Sec. 401. 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) by striking in each of those 
sections ``104 percent'' and inserting in lieu thereof ``100 percent''; 
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 percent,''.

            san carlos apache tribe water rights settlement

    Sec. 402. (a) Extension.--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 amended by adding at the end the following new 
subsection:
    ``(c) Extension for River System General Adjudication.--If, at any 
time prior to March 31, 1999, the Secretary notifies the Committee on 
Indian Affairs of the United States Senate or the Committee on 
Resources in the United States House of Representatives that the 
Settlement Agreement, as executed by the Secretary, has been submitted 
to the Superior Court of the State of Arizona in and for Maricopa 
County for consideration and approval as part of the General 
Adjudication of the Gila River System and Source, the March 31, 1999, 
referred to in subsection (b)(1) shall be deemed to be changed to 
December 31, 1999.''.
    (c) Counties.--Section 3706(b)(3) of such Act is amended by 
inserting ``Gila, Graham, Greenlee,'' after ``Maricopa,''.
    (d) Parties to Agreement.--Section 3703(2) of such Act is amended 
by adding at the end the following new sentence: ``The Gila Valley 
Irrigation District and the Franklin Irrigation District shall be added 
as parties to the Agreement, but only so long as none of the 
aforementioned parties objects to adding the Gila Valley Irrigation 
and/or the Franklin Irrigation District as parties to the Agreement.''.
    (e) Conditions.--Section 3711 of such Act, as amended by subsection 
(b) of this Act, is further amended by adding at the end the following 
new subsections:
    ``(d) Conditions.--(1) In General.--The June 30, 1997, deadline has 
been extended based on the following conditions. The provisions and 
agreements set forth or referred to in paragraph (2), (3), and (4) 
below shall be enforceable against the United States, and the 
conditions and agreements set forth or referred to in paragraphs (3) 
and (4) shall be enforceable against the Tribe, in United States 
District Court, and the immunity of the United States and the Tribe for 
such purposes is hereby waived.
    ``(2) Interim period.--Prior to March 31, 1999, or the execution of 
a final Agreement under paragraph (3) below, whichever comes first, the 
following conditions shall apply:
            ``(A) As of July 23, 1997, Phelps Dodge shall vacate the 
        reservation and no longer rely upon permit #2000089, dated July 
        25, 1944, except as provided in subparagraph (F) and the Tribe 
        will stay any further prosecution of any claims or suits filed 
        by the Tribe in any court with respect to the Black River 
        facilities or the flowage of water on Eagle Creek. The United 
        States, with the permission of the Tribe, shall enter and 
        operate the Black River pump station, outbuildings, the 
        pipeline, related facilities, and certain caretaker quarters 
        (hereinafter referred to collectively as the `Black River 
        facilities').
            ``(B) As of July 23, 1997, the United States, through the 
        Bureau of Reclamation, shall operate and maintain the Black 
        River facilities. 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 Tribe's 
        right to divert and use of 7300 acre feet per year for 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, for purposes of compensating the Tribe for United 
        States use and occupancy of the Black River facilities. Phelps 
        Dodge 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, that 
        contract referred to in subparagraph (B) between the United 
        States and Phelps Dodge providing 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. The 
        United States/Phelps Dodge contract shall have no bearing on 
        potential claims by the United States, Phelps Dodge or the 
        Tribe regarding any aspect of the Black River facilities in the 
        event that a final agreement is not reached among the parties 
        under paragraph (3) below.
            ``(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 $5000 per 
        month, with an annual CPI adjustment.
            ``(E) Any questions regarding the water claims associated 
        with Phelps Dodge's use of the 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.
            ``(F) If a final agreement is not reached by March 31, 
        1999, the terms set forth in subparagraphs (A) through (E) 
        shall no longer apply. Under such circumstances, the occupancy 
        of the Black River facilities shall revert to Phelps Dodge on 
        March 31, 1999, and the Tribe and/or Phelps Dodge shall be free 
        to prosecute litigation regarding the validity of Phelps Dodge 
        use of the Black River facilities. In any such event, the 
        Tribe, the United States, and Phelps Dodge shall have the same 
        rights with respect to the Black River facilities as each had 
        prior to the enactment of this subsection and nothing in this 
        subsection shall be construed as altering or affecting such 
        rights nor shall anything herein be admissible or otherwise 
        relevant for the purpose of determining any of their respective 
        rights.
    ``(3) Final agreement.--The United States, Phelps Dodge, and the 
Tribe intend to enter into a Final Agreement on or before March 31, 
1999, which Agreement shall include the following terms:
            ``(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 two 
        conditions: (i) entry of the Final Agreement described in this 
        subsection; and (ii) a finding by the United States that the 
        Tribe has completed necessary training and is qualified 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. Concurrently with the transfer 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 Phelps Dodge intend to enter into a 
        contract covering the lease and delivery of CAP water from the 
        Tribe to Phelps Dodge on the terms recommended by the United 
        States, the trustee for the Tribe. 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 Tribe's right to divert and use of 7300 acre feet per year 
        for the San Carlos Apache Tribe, and no such diversions for 
        Phelps Dodge shall cause the flow of Black River to fall below 
        20 cubic feet per second. It is intended that the water subject 
        to the contract shall be CAP water that is controlled by the 
        Tribe. The Tribe and/or the United States intend to enter into 
        an exchange agreement with the Salt River Project which will 
        deliver CAP water to the Salt River Project in return for the 
        diversion of water from the Black River into the Black River 
        facilities. The lease and delivery contract between Phelps 
        Dodge and the Tribe is intended to be based on a long-term 
        lease of CAP water at prevailing market rates for municipal and 
        industrial uses of CAP water. The parties will discuss the 
        potential imposition of capital costs as part of the contract. 
        It is intended that the contract price shall include operation, 
        maintenance and replacement (OM&R) charges associated with the 
        leased CAP water, and it is intended that the contract will 
        take into account reasonable charges associated with the 
        Tribe's operations and maintenance of the Black River 
        facilities, and a credit for power provided for such 
        facilities. It is intended that the water delivered under this 
        contract will be utilized in the Morenci mine complex and the 
        towns of Clifton and Morenci, and for no other purpose.
            ``(E) 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 
        groundwater 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, the 
Tribe covenants not to 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 Tribe's lands. The Tribe covenants not to impede, 
restrict, or sue Phelps Dodge regarding, the passage of historic 
maximum flows, less transportation losses, from the existing Phelps 
Dodge Upper Eagle Creek Wellfield, except that (i) Phelps Dodge shall 
pay to the United States, for delivery to the Tribe, $5000 per month, 
with an annual CPI adjustment, to account the passage of such flows; 
and (ii) 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)(E) above. Nothing in this subsection shall affect or be construed 
to affect the rights of the United States, the Tribe, or Phelps Dodge 
to flow water in the channel of Eagle Creek in the absence of this 
subsection.
    ``(5) Relationship to settlement.--In the event that Phelps Dodge 
and the Tribe execute a Final Agreement pursuant to paragraph (3) on or 
before March 3, 1999--
            ``(A) effective on the date of execution of such Final 
        Agreement, the term `Agreement', as defined by section 3703(2), 
        shall not include Phelps Dodge; and
            ``(B) section 3706(j) shall have no effect.''.
    (f) Repeal.--Subsection (f) of section 3705 of such Act is hereby 
repealed.
    (g) Technical Amendment.--Section 3702(a)(3) is amended by striking 
``qualification'' and inserting ``quantification''.

                               CHAPTER 5

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

                              Retired Pay

    For an additional amount for ``Retired Pay'', $4,200,000.

                    Federal Aviation Administration

                        Facilities and Equipment

                    (airport and airway trust fund)

    For additional necessary expenses for ``Facilities and Equipment'', 
$40,000,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until expended: Provided, That these funds shall 
only be available for non-competitive contracts or cooperative 
agreements with air carriers and airport authorities, which provide for 
the Federal Aviation Administration to purchase and assist in 
installation of advanced security equipment for the use of such 
entities.

                     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, of which 
$374,000,000 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 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: 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: 
Provided further, That notwithstanding any other provision of law, a 
project to repair or reconstruct any portion of a Federal-aid primary 
route in San Mateo County, California, which was destroyed as a result 
of a combination of storms in the winter of 1982-1983 and a mountain 
slide which, until its destruction, had served as the only reasonable 
access between two cities and as the designated emergency evacuation 
route of one such cities shall be eligible for assistance under this 
head.

                          Federal-Aid Highways

                          (highway trust fund)

    The limitation under this heading in Public Law 104-205 is 
increased by $318,077,043: Provided, That notwithstanding any other 
provision of law, such additional authority shall be distributed to 
ensure that States receive amounts that they would have received had 
the Highway Trust Fund fiscal year 1995 income statement not been 
revised on December 24, 1996.

                    Federal Railroad Administration

              Emergency Railroad Rehabilitation and Repair

    For necessary expenses to repair and rebuild freight rail lines of 
regional and short line railroads damaged as a result of the floods in 
the northern plains States in the spring of 1997, $10,000,000, to be 
awarded subject to the discretion of the Secretary on a case-by-case 
basis: Provided, That funds provided under this head shall be available 
for rehabilitation of railroad rights-of-way 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 owned by class I railroads, passenger railroads, or by 
tourist, scenic, or historic railroads are not eligible for funding 
under this section: 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 and 
ValuJet 592, and for assistance to families of victims of aviation 
accidents as authorized by Public Law 105-265, $23,300,000, of which 
$4,877,000 shall remain available until expended: Provided, That these 
funds shall be available only to the extent an official budget request, 
for a specific dollar amount, that includes designation of the entire 
amount as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That the entire 
amount is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That notwithstanding 
any other provision of law, up to $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 $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 unobligated balances 
under this heading from amounts made available in this or any other Act 
for fiscal year 1997 or any prior fiscal year, $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 5

    Sec. 501. In title I of Public Law 104-205, under the heading 
``Federal Transit Administration, Discretionary Grants'', strike 
``$661,000,000 for the DeKalb County, Georgia light rail project;'' and 
insert ``$661,000 for the DeKalb County, Georgia light rail project;''.
    Sec. 502. In section 325 of title III of Public Law 104-205, strike 
``That in addition to amounts otherwise provided in this Act, not to 
exceed $3,100,000 in expenses of the Bureau of Transportation 
Statistics necessary to conduct activities related to airline 
statistics may be incurred, but only to the extent such expenses are 
offset by user fees charged for those activities and credited as 
offsetting collections.''.
    Sec. 503. 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. 504. Section 30308(a) of title 49, United States Code, is 
amended by striking ``and 1996'' and inserting ``, 1996, and 1997''.

                               CHAPTER 6

                      UNITED STATES POSTAL SERVICE

                     payments to the postal service

                   payment to the postal service fund

    For an additional amount for the Postal Service Fund for revenue 
foregone on free and reduced rate mail, $5,300,000.

               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.

                      GENERAL PROVISION, CHAPTER 6

    Sec. 601. Clarifying Congressional Intent Respecting Procurement of 
Distinctive Currency Paper.--In fiscal year 1997 and thereafter--
            (1) for the purposes of section 622(a) of Public Law 100-
        202, a corporation or other entity shall be not deemed to be 
        owned or controlled by persons not citizens of the United 
        States, if--
                    (A) that corporation or entity is created under the 
                laws of the United States or any one of its States or 
                other territories and possessions; and
                    (B) more than 50 percent of that corporation or 
                entity is held by United States citizens; and
            (2) the Secretary of the Treasury shall use the authority 
        provided under Federal Acquisition Regulation, Part 45.302.1(c) 
        and Part 45.302.1(a)(4) to induce competition, to a level the 
        Secretary determines is appropriate, among those desiring to 
        provide distinctive currency paper to the United States.

                               CHAPTER 7

                     DEPARTMENT OF VETERANS AFFAIRS

                    VETERANS BENEFITS ADMINISTRATION

                       Compensation and Pensions

    For an additional amount for ``Compensation and pensions'', 
$753,000,000, to remain available until expended.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            HOUSING PROGRAMS

                 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.

             Drug Elimination Grants for Low-Income Housing

                     (including transfer of funds)

    For an additional amount for ``Drug Elimination Grants for Low-
Income Housing'' for activities authorized under 42 U.S.C. 11921-25, 
$30,200,000, to remain available until expended, and to be derived by 
transfer from the Homeownership and Opportunity for People Everywhere 
Grants account.

                   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, to remain available until 
September 30, 2000, for use only for buy-outs, 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: 
Provided, That in administering these amounts, the Secretary may waive, 
or specify alternative requirements for, any provision of any statute 
or regulation that the Secretary administers in connection with the 
obligation by the Secretary or the use by the recipient of these funds, 
except for statutory requirements related to civil rights, fair housing 
and nondiscrimination, the environment, and labor standards, upon a 
finding that such waiver is required to facilitate the use of such 
funds, and would not be inconsistent with the overall purpose of the 
statute: Provided further, That the Secretary of Housing and Urban 
Development shall publish a notice in the Federal Register governing 
the use of community development block grant funds in conjunction with 
any program administered by the Director of the Federal Emergency 
Management Agency for buyouts for structures in disaster areas: 
Provided further, That for any funds under this head used for buyouts 
in conjunction with any program administered by the Director of the 
Federal Emergency Management Agency, each State or unit of general 
local government requesting funds from the Secretary of Housing and 
Urban Development for buyouts shall submit a plan to the Secretary 
which must be approved by the Secretary as consistent with the 
requirements of this program: Provided further, That the Secretary of 
Housing and Urban Development and the Director of the Federal Emergency 
Management Agency shall submit quarterly reports to the House and 
Senate Committees on Appropriations on all disbursement and use of 
funds for or associated with buyouts: Provided further, That, 
hereafter, for any amounts made available under this head and for any 
amounts made available for any fiscal year under title I of the Housing 
and Community Development Act of 1974 that are used in communities 
affected by the flooding and disasters referred to in this head for 
activities to address the damage resulting from such flooding and 
disasters, the Secretary of Housing and Urban Development shall waive 
the requirement under such title that the activities benefit persons of 
low- and moderate-income and the requirements that grantees and units 
of general local government hold public hearings: Provided further, 
That, hereafter, for any amounts made available for any fiscal year 
under the HOME Investment Partnerships Act that are used in communities 
affected by the flooding and disasters referred to in this head to 
assist housing used as temporary housing for families affected by such 
flooding and disasters, the Secretary of Housing and Urban Development 
shall waive (during the period, and to the extent, that such housing is 
used for such temporary housing) the requirements that the housing meet 
the income targeting requirements under section 214 of such Act, the 
requirements that the housing qualify as affordable housing under 
section 215 of such Act, and the requirements for documentation 
regarding family income and housing status and shall permit families to 
self-certify such information: Provided further, That the Secretary of 
Housing and Urban Development may make a grant from the amount provided 
under this head to restore electrical and natural gas service to areas 
damaged by the flooding and natural disasters: Provided further, That 
the entire amount made available under this head 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.

                          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.

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

                            disaster relief

    For an additional amount for ``Disaster Relief'', $3,567,677,000 
(reduced by $500,000,000) to remain available until expended: Provided, 
That $2,387,677,000 shall become available for obligation on September 
30, 1997: 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.

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,000,000.

                     national flood insurance fund

    In the case only of new contracts for flood insurance coverage 
under the National Flood Insurance Act of 1968 entered into during the 
period beginning on January 1, 1997, and ending on June 30, 1997, and 
any modifications to coverage under existing contracts made during such 
period, section 1306(c)(1) of such Act (42 U.S.C. 4013(c)(1)) shall be 
applied by substituting ``15-day period'' for ``30-day period''.

                               CHAPTER 8

                        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: Provided, That in addition to activities described in 
subsections (c)(1) and (c)(2) of section 793, the Secretary may use 
these funds for the Special Supplemental Nutrition Program for Women, 
Infants, and Children (WIC).

                 NATURAL RESOURCES CONSERVATION SERVICE

                        Wetlands Reserve Program

    Of the funds made available in Public Law 104-37 for the Wetlands 
Reserve Program, $19,000,000 may not be obligated: Provided, That none 
of the funds made available in Public Law 104-37 for this account may 
be obligated after September 30, 1997.

                       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

                             Export Credit

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

                       Export Enhancement Program

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

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

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

                            Legal Activities

                         assets forfeiture fund

                              (rescission)

    Of the amounts made available to the Attorney General on October 1, 
1996, from surplus balances declared in prior years pursuant to 28 
U.S.C. 524(c), authority to obligate $3,000,000 of such funds in fiscal 
year 1997 is rescinded.

                 Immigration and Naturalization Service

                              construction

                              (rescission)

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

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     industrial technology services

                              (rescission)

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

            National Oceanic and Atmospheric Administration

            fleet modernization, shipbuilding and conversion

                              (rescission)

    Of the unobligated balances available under this heading, 
$2,000,000 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, 
$22,532,000 are rescinded.

                          DEPARTMENT OF ENERGY

                         Clean Coal Technology

                              (rescission)

    Of the funds made available under this heading for obligation in 
fiscal year 1997 or prior years, $17,000,000 are rescinded: Provided, 
That funds made available in previous appropriations Acts shall be 
available for any ongoing project regardless of the separate request 
for proposal under which the project was selected.

                      Strategic Petroleum Reserve

                              (rescission)

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

                    GENERAL SERVICES ADMINISTRATION

                         Federal Buildings Fund

                (limitations on availability of revenue)

                              (rescission)

    Of the funds made available under this heading for ``Repairs and 
Alterations, Basic Repairs and Alterations,'' in Public Law 104-208, 
$1,400,000 is rescinded: Provided, That these funds shall be reduced 
from the amounts made available for the renovation of the Agricultural 
Research Service Laboratory in Ames, Iowa.

                   Expenses, Presidential Transition

                              (rescission)

    Of the funds 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

                              (rescission)

    Of the amounts recaptured under this heading during fiscal year 
1997 and prior years, with the exception of the recaptures specified in 
section 214 of Public Law 104-204, $3,823,440,000 are rescinded: 
Provided, That of this amount, the Secretary of Housing and Urban 
Development shall recapture $3,573,440,000 in amounts heretofore made 
available to housing agencies for tenant-based assistance under the 
section 8 existing housing certificate and housing voucher programs (42 
U.S.C. 1437f and 1437f(o) respectively): Provided further, That the 
foregoing recaptures shall be from amounts in the annual contributions 
contract (ACC) reserve accounts established and maintained by HUD.

                          INDEPENDENT AGENCIES

             National Aeronautics and Space Administration

                    national aeronautical facilities

                              (rescission)

    Of the funds made available under this heading in the Departments 
of Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1995 (Public Law 103-327), $38,000,000 is 
rescinded.

        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.

                                TITLE II

         EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR PEACEKEEPING

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

    For an additional amount for ``Overseas Contingency Operations 
Transfer Fund'', $1,566,300,000: Provided, That the Secretary of 
Defense may transfer these funds only to operation and maintenance and 
DoD working capital fund 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

    Sec. 2101. No part of any appropriation contained in this title 
shall remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein.

                          (transfer of funds)

    Sec. 2102. 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 
repairing damage caused by hurricanes, flooding, and other natural 
disasters during 1996 and 1997 to real property and facilities at 
Marine Corps facilities (including Camp Lejeune, North Carolina; Cherry 
Point, North Carolina; and the Mountain Warfare Training Center, 
Bridgeport, California):
            ``Military Personnel, Marine Corps'', $4,000,000;
            ``Operation and Maintenance, Marine Corps'', $11,000,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 1996/
        1998'', $4,000,000; and
            ``Procurement, Marine Corps, 1996/1998'', $4,000,000.
    Sec. 2103. 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. 2104. 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. 2105. Without prior and specific written approval from the 
Appropriations Committees of Congress, none of the funds appropriated 
in this or any other Act for any fiscal year may be used to compensate 
military personnel or civilian employees who (1) are newly assigned to 
or newly employed by the Office of the Assistant Secretary of the Navy 
(Financial Management and Comptroller) on or after May 1, 1997, (2) 
occupy positions in the Department of the Navy's Financial Management/
Comptroller organization on May 1, 1997 and who are subsequently 
reassigned to another organization in the Navy for the purpose of 
compensation yet who otherwise continue to be directed by or report to 
the Department of the Navy Financial Management/Comptroller 
organization, or (3) are temporarily assigned from other Department of 
Defense organizations to the Department of the Navy Financial 
Management/Comptroller organization on or after May 1, 1997: Provided, 
That the preceding limitations shall also apply to funds for 
compensation of military personnel or civilian employees in the 
organization of the Deputy Chief of Naval Operations (Resources, 
Warfare Requirements, and Assessments) whose primary function is 
budgeting or financial management: Provided further, That none of the 
funds in this or any other Act for any fiscal year may be used to 
reprogram funds within any Navy appropriation (other than Military 
Construction and Military Family Housing) under the authority of 
Department of Defense Financial Management Regulation without prior 
written approval from the Appropriations Committees of Congress.

                               CHAPTER 2

                           GENERAL PROVISIONS

                             (rescissions)

    Sec. 2201. Of the funds provided in the Department of Defense 
Appropriations Act, 1997 (as contained in section 101(b) of Public Law 
104-208), amounts are hereby rescinded from the following accounts in 
the specified amounts to reflect savings from revised economic 
assumptions (with each such reduction to be applied proportionally to 
each budget activity, activity group, and subactivity group within each 
such account):
            ``Operation and Maintenance, Army'', $19,000,000;
            ``Operation and Maintenance, Navy'', $24,000,000;
            ``Operation and Maintenance, Air Force'', $18,000,000;
            ``Operation and Maintenance, Defense-Wide'', $8,000,000;
            ``Operation and Maintenance, Army Reserve'', $1,000,000;
            ``Operation and Maintenance, Navy Reserve'', $1,000,000;
            ``Operation and Maintenance, Air Force Reserve'', 
        $1,000,000;
            ``Operation and Maintenance, Army National Guard'', 
        $2,000,000;
            ``Operation and Maintenance, Air National Guard'', 
        $3,000,000;
            ``Drug Interdiction and Counter-Drug Activities, Defense'', 
        $2,000,000;
            ``Environmental Restoration, Army'', $250,000;
            ``Environmental Restoration, Navy'', $250,000;
            ``Environmental Restoration, Air Force'', $250,000;
            ``Environmental Restoration, Formerly Used Defense Sites'', 
        $250,000;
            ``Former Soviet Union Threat Reduction'', $2,000,000;
            ``Defense Health Program'', $10,000,000;
            ``Aircraft Procurement, Army'', $8,000,000;
            ``Missile Procurement, Army'', $2,000,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, 
        Army'', $5,000,000;
            ``Procurement of Ammunition, Army'', $1,000,000;
            ``Other Procurement, Army'', $15,000,000;
            ``Aircraft Procurement, Navy'', $28,000,000;
            ``Weapons Procurement, Navy'', $6,000,000;
            ``Shipbuilding and Conversion, Navy'', $33,000,000;
            ``Other Procurement, Navy'', $8,000,000;
            ``Aircraft Procurement, Air Force'', $20,000,000;
            ``Missile Procurement, Air Force'', $11,000,000;
            ``Other Procurement, Air Force'', $7,000,000;
            ``Procurement, Defense-Wide'', $5,000,000;
            ``National Guard and Reserve Equipment'', $8,000,000;
            ``Chemical Agents and Munitions Destruction, Defense'', 
        $2,000,000;
            ``Research, Development, Test and Evaluation, Army'', 
        $10,000,000;
            ``Research, Development, Test and Evaluation, Navy'', 
        $9,000,000;
            ``Research, Development, Test and Evaluation, Air Force'', 
        $22,000,000; and
            ``Research, Development, Test and Evaluation, Defense-
        Wide'', $15,000,000.

                             (rescissions)

    Sec. 2202. Of the funds provided in the Department of Defense 
Appropriations Act, 1997 (as contained in section 101(b) of Public Law 
104-208), amounts related to foreign currency are hereby rescinded from 
the following accounts in the specified amounts, except as otherwise 
provided by law, to reflect savings from revised foreign currency 
exchange rates:
            ``Military Personnel, Army'', $37,000,000;
            ``Military Personnel, Navy'', $9,000,000;
            ``Military Personnel, Air Force'', $12,000,000;
            ``Operation and Maintenance, Army'', $124,000,000;
            ``Operation and Maintenance, Navy'', $22,000,000;
            ``Operation and Maintenance, Air Force'', $79,000,000;
            ``Operation and Maintenance, Defense-Wide'', $14,000,000; 
        and
            ``Defense Health Program'', $11,000,000.

                             (rescissions)

    Sec. 2203. Of the funds provided in previous Department of Defense 
Appropriations Acts, amounts only associated with unobligated balances 
expected to expire at the end of the current fiscal year are hereby 
rescinded from the following accounts in the specified amounts:
            ``Aircraft Procurement, Army, 1995/1997'', $1,085,000;
            ``Missile Procurement, Army, 1995/1997'', $2,707,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        1995/1997'', $2,296,000;
            ``Procurement of Ammunition, Army, 1995/1997'', $3,236,000;
            ``Other Procurement, Army, 1995/1997'', $2,502,000;
            ``Aircraft Procurement, Navy, 1995/1997'', $34,000,000;
            ``Weapons Procurement, Navy, 1995/1997'', $16,000,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 1995/
        1997'', $812,000;
            ``Shipbuilding and Conversion, Navy, 1993/1997'', 
        $10,000,000;
            ``Other Procurement, Navy, 1995/1997'', $4,237,000;
            ``Procurement, Marine Corps, 1995/1997'', $1,207,000;
            ``Aircraft Procurement, Air Force, 1995/1997'', 
        $33,650,000;
            ``Missile Procurement, Air Force, 1995/1997'', $7,195,000;
            ``Other Procurement, Air Force, 1995/1997'', $3,659,000;
            ``Procurement, Defense-Wide, 1995/1997'', $12,881,000;
            ``National Guard and Reserve Equipment, 1995/1997'', 
        $5,029,000;
            ``Chemical Agents and Munitions Destruction, Defense, 1995/
        1997'', $456,000;
            ``Chemical Agents and Munitions Destruction, Defense, 1996/
        1997'', $652,000;
            ``Research, Development, Test and Evaluation, Army, 1996/
        1997'', $4,366,000;
            ``Research, Development, Test and Evaluation, Navy, 1996/
        1997'', $14,978,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        1996/1997'', $28,396,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        1996/1997'', $55,973,000;
            ``Developmental Test and Evaluation, Defense, 1996/1997'', 
        $890,000; and
            ``Operational Test and Evaluation, Defense, 1996/1997'', 
        $160,000.

                             (rescissions)

    Sec. 2204. Of the funds provided in previous Department of Defense 
Appropriations Acts, funds are hereby rescinded from the following 
accounts in the specified amounts:
            ``Shipbuilding and Conversion, Navy, 1994/1998'', 
        $28,700,000;
            ``Aircraft Procurement, Air Force, 1995/1997'', 
        $14,400,000;
            ``Missile Procurement, Air Force, 1995/1997'', $4,000,000;
            ``Aircraft Procurement, Army, 1996/1998'', $18,000,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        1996/1998'', $26,000,000;
            ``Procurement of Ammunition, Army, 1996/1998'', 
        $34,000,000;
            ``Other Procurement, Navy, 1996/1998'', $3,000,000;
            ``Aircraft Procurement, Air Force, 1996/1998'', 
        $52,000,000;
            ``Other Procurement, Air Force, 1996/1998'', $10,000,000;
            ``Procurement of Ammunition, Air Force, 1996/1998'', 
        $21,100,000;
            ``Procurement, Defense-Wide, 1996/1998'', $34,800,000;
            ``Research, Development, Test and Evaluation, Navy, 1996/
        1997'', $4,500,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        1996/1997'', $2,000,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        1996/1997'', $71,200,000;
            ``Developmental Test and Evaluation, Defense, 1996/1997'', 
        $12,200,000;
            ``Chemical Agents and Munitions Destruction, Defense, 1996/
        1998'', $22,000,000;
            ``National Guard Personnel, Air Force'', $7,600,000;
            ``Operation and Maintenance, Army'', $17,000,000;
            ``Operation and Maintenance, Defense-Wide'', $10,000,000;
            ``Procurement of Ammunition, Army, 1997/1999'', 
        $10,000,000;
            ``Other Procurement, Army, 1997/1999'', $6,000,000;
            ``Aircraft Procurement, Navy, 1997/1999'', $48,000,000;
            ``Aircraft Procurement, Air Force, 1997/1999'', 
        $35,000,000;
            ``Missile Procurement, Air Force, 1997/1999'', 
        $120,000,000;
            ``Research, Development, Test and Evaluation, Army, 1997/
        1998'', $15,000,000;
            ``Research, Development, Test and Evaluation, Navy, 1997/
        1998'', $28,500,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        1997/1998'', $237,500,000; and
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        1997/1998'', $100,000,000.

                         MILITARY CONSTRUCTION

                             (rescissions)

    Sec. 2205. 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 Force Reserve'', $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.

                               CHAPTER 3

                           GENERAL PROVISIONS

                      MILITARY CONSTRUCTION, NAVY

                              (rescission)

    Sec. 2301. Of the funds appropriated for ``Military Construction, 
Navy'' under Public Law 103-307, $6,480,000 is hereby rescinded.

                 FAMILY HOUSING, NAVY AND MARINE CORPS

    Sec. 2302. 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.

                               TITLE III

                      GENERAL PROVISIONS--THIS ACT

    Sec. 3001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

                         Assistance to Ukraine

    Sec. 3002. (a) The President may waive any of the earmarks 
contained in subsections (k) and (l) 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, if he 
determines, and so reports to the Committees on Appropriations that the 
Government of Ukraine--
            (1) is not making significant progress toward economic 
        reform and the elimination of corruption;
            (2) is not permitting American firms and individuals to 
        operate in Ukraine according to generally accepted business 
        principles; or
            (3) is not effectively assisting American firms and 
        individuals in their efforts to enforce commercial contracts 
        and resist extortion and other corrupt demands.

                       buy-american requirements

    Sec. 3003. (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, 
        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.

              extension of ssi redetermination provisions

    Sec. 3004. (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 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.

                   job opportunities and basic skills

                              (recission)

    Sec. 3005. Of the funds made available under this heading in Public 
Law 104-208, there is rescinded an amount equal to the total of the 
funds within each State's limitation for fiscal year 1997 that are not 
necessary to pay such State's allowable claims for such fiscal year.
    Section 403(k)(3)(F) of the Social Security Act (as in effect on 
October 1, 1996) is amended by adding after the ``,'' the following: 
``reduced by an amount equal to the total of those funds that are 
within each State's limitation for fiscal year 1997 that are not 
necessary to pay such State's allowable claims for such fiscal year 
(except that such amount for such year shall be deemed to be 
$1,000,000,000 for the purpose of determining the amount of the payment 
under subsection (l) to which each State is entitled),''.
    Sec. 3006. (a) Chapter 63 of title 5, United States Code, is 
amended by adding after subchapter V the following:

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

``Sec. 6391. Authority for leave transfer program in disasters and 
              emergencies
    ``(a) For the purpose of this section--
            ``(1) `employee' means an employee as defined in section 
        6331(1); and
            ``(2) `agency' means an Executive agency.
    ``(b) In the event of a major disaster or emergency, as declared by 
the President, that results in severe adverse effects for a substantial 
number of employees, the President may direct the Office of Personnel 
Management to establish an emergency leave transfer program under which 
any employee in any agency may donate unused annual leave for transfer 
to employees of the same or other agencies who are adversely affected 
by such disaster or emergency.
    ``(c) The Office shall establish appropriate requirements for the 
operation of the emergency leave transfer program under subsection (b), 
including appropriate limitations on the donation and use of annual 
leave under the program. An employee may receive and use leave under 
the program without regard to any requirement that any annual leave and 
sick leave to a leave recipient's credit must be exhausted before any 
transferred annual leave may be used.
    ``(d) A leave bank established under subchapter IV may, to the 
extent provided in regulations prescribed by the Office, donate annual 
leave to the emergency leave transfer program established under 
subsection (b).
    ``(e) Except to the extent that the Office may prescribe by 
regulation, nothing in section 7351 shall apply to any solicitation, 
donation, or acceptance of leave under this section.
    ``(f) The Office shall prescribe regulations necessary for the 
administration of this section.''.
    (b) The analysis for chapter 63 of title 5, United States Code, is 
amended by adding at the end the following:

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

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

SEC. 3007. USE OF FUNDS FOR STUDIES OF MEDICAL USE OF MARIJUANA.

    None of the funds appropriated by this Act shall be used for any 
study of the medicinal use of marijuana.

               TITLE IV--COST OF HIGHER EDUCATION REVIEW

SEC. 4001. 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. 4002. 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. 4003. MEMBERSHIP OF COMMISSION.

    (a) Appointment.--The Commission shall be composed of 7 members as 
follows:
            (1) Two individuals shall be appointed by the Speaker of 
        the House.
            (2) One individual shall be appointed by the Minority 
        Leader of the House.
            (3) Two individuals shall be appointed by the Majority 
        Leader of the Senate.
            (4) One individual shall be appointed by the Minority 
        Leader of the Senate.
            (5) One individual shall be appointed by the Secretary of 
        Education.
    (b) Additional Qualifications.--Each of the individuals appointed 
under subsection (a) shall be an individual with expertise and 
experience in higher education finance (including the financing of 
State institutions of higher education), Federal financial aid 
programs, education economics research, public or private higher 
education administration, or business executives who have managed 
successful cost reduction programs.
    (c) Chairperson and Vice Chairperson.--The members of the 
Commission shall elect a Chairman 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. 4004. 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.
            (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.

SEC. 4005. 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. 4006. FUNDING OF COMMISSION.

    (a) Appropriation.--There is appropriated, out of any money in the 
Treasury not otherwise appropriated, for fiscal year 1997 for carrying 
out this title, $650,000, to remain available until expended, or until 
one year after the termination of the Commission pursuant to section 
4007, whichever occurs first.
    (b) Rescission.--Of the funds made available for ``DEPARTMENT OF 
EDUCATION--Federal Family Education Loan Program Account'' in the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, 1997 (as contained in section 
101(e) of division A of Public Law 104-208), $849,000 is rescinded.

SEC. 4007. 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 4004(b).

               TITLE V--PREVENTION OF GOVERNMENT SHUTDOWN

                              short title

    Sec. 5001. This title may be cited as the ``Government Shutdown 
Prevention Act''.

                           continuing funding

    Sec. 5002. (a) If any regular appropriation bill for fiscal year 
1998 does not become law prior to the beginning of fiscal year 1998 or 
a joint resolution making continuing appropriations is not in effect, 
there is appropriated, out of any moneys in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, such sums as may be necessary to continue any 
program, project, or activity for which funds were provided in fiscal 
year 1997.
    (b) Appropriations and funds made available, and authority granted, 
for a program, project, or activity for fiscal year 1998 pursuant to 
this title shall be at 100 per cent of the rate of operations that was 
provided for the program, project, or activity in fiscal year 1997 in 
the corresponding regular appropriation Act for fiscal year 1997.
    (c) Appropriations and funds made available, and authority granted, 
for fiscal year 1998 pursuant to this title for a program, project, or 
activity shall be available for the period beginning with the first day 
of a lapse in appropriations and ending with the earlier of--
            (1) the date on which the applicable regular appropriation 
        bill for fiscal year 1998 becomes law (whether or not that law 
        provides for that program, project, or activity) or a 
        continuing resolution making appropriations becomes law, as the 
        case may be; or
            (2) the last day of fiscal year 1998.

                          terms and conditions

    Sec. 5003. (a) An appropriation of funds made available, or 
authority granted, for a program, project, or activity for fiscal year 
1998 pursuant to this title shall be made available to the extent and 
in the manner which would be provided by the pertinent appropriations 
Act for fiscal year 1997, including all of the terms and conditions and 
the apportionment schedule imposed with respect to the appropriation 
made or funds made available for fiscal year 1997 or authority granted 
for the program, project, or activity under current law.
    (b) Appropriations made by this title shall be available to the 
extent and in the manner which would be provided by the pertinent 
appropriations Act.

                                coverage

    Sec. 5004. Appropriations and funds made available, and authority 
granted, for any program, project, or activity for fiscal year 1998 
pursuant to this title shall cover all obligations or expenditures 
incurred for that program, project, or activity during the portion of 
fiscal year 1998 for which this title applies to that program, project, 
or activity.

                              expenditures

    Sec. 5005. Expenditures made for a program, project, or activity 
for fiscal year 1998 pursuant to this title shall be charged to the 
applicable appropriation, fund, or authorization whenever a regular 
appropriation bill or a joint resolution making continuing 
appropriations until the end of fiscal year 1998 providing for that 
program, project, or activity for that period becomes law.

         initiating or resuming a program, project, or activity

    Sec. 5006. No appropriation or funds made available or authority 
granted pursuant to this title shall be used to initiate or resume any 
program, project, or activity for which appropriations, funds, or other 
authority were not available during fiscal year 1997.

                    protection of other obligations

    Sec. 5007. Nothing in this title shall be construed to effect 
Government obligations mandated by other law, including obligations 
with respect to Social Security, Medicare, Medicaid, and veterans 
benefits.

                               definition

    Sec. 5008. In this title, the term ``regular appropriation bill'' 
means any annual appropriation bill making appropriations, otherwise 
making funds available, or granting authority, for any of the following 
categories of programs, projects, and activities:
            (1) Agriculture, rural development, and related agencies 
        programs.
            (2) The Departments of Commerce, Justice, and State, the 
        judiciary, and related agencies.
            (3) The Department of Defense.
            (4) The government of the District of Columbia and other 
        activities chargeable in whole or in part against the revenues 
        of the District.
            (5) The Departments of Labor, Health and Human Services, 
        and Education, and related agencies.
            (6) The Departments of Veterans Affairs and Housing and 
        Urban Development, and sundry independent agencies, boards, 
        commissions, corporations, and offices.
            (7) Energy and water development.
            (8) Foreign assistance and related programs.
            (9) The Department of the Interior and related agencies.
            (10) Military construction.
            (11) The Department of Transportation and related agencies.
            (12) The Treasury Department, the U.S. Postal Service, the 
        Executive Office of the President, and certain independent 
        agencies.
            (13) The Legislative Branch.

            TITLE VI--ADDITIONAL DISASTER RELIEF PROVISIONS

           Subtitle A--Depository Institution Disaster Relief

SEC. 6001. SHORT TITLE.

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

SEC. 6002. TRUTH 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 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. 6003. DEPOSIT 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 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. 6004. BANKING 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--
                    (A) any requirement of section 553 of title 5, 
                United States Code; or
                    (B) any provision of law that requires notice or 
                opportunity for hearing or sets maximum or minimum time 
                limits with respect to agency action.
            (2) Publication requirements.--Making exceptions, with 
        respect to institutions or other entities for which the agency 
        is the primary Federal regulator, to--
                    (A) any publication requirement with respect to 
                establishing branches or other deposit-taking 
                facilities; or
                    (B) any similar publication requirement.
    (b) Publication Required.--A qualifying regulatory agency shall 
publish in the Federal Register a statement that--
            (1) describes any action taken under this section; and
            (2) explains the need for the action.
    (c) Qualifying Regulatory Agency Defined.--For purposes of this 
section, the term ``qualifying regulatory agency'' means--
            (1) the Board of Governors of the Federal Reserve System;
            (2) the Comptroller of the Currency;
            (3) the Director of the Office of Thrift Supervision;
            (4) the Federal Deposit Insurance Corporation;
            (5) the Financial Institutions Examination Council;
            (6) the National Credit Union Administration; and
            (7) with respect to chapter 53 of title 31, United States 
        Code, the Secretary of the Treasury.
    (d) Expiration.--Any exception made under this section shall expire 
not later than February 28, 1998.

SEC. 6005. SENSE OF THE CONGRESS.

    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.

SEC. 6006. OTHER AUTHORITY NOT AFFECTED.

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

                Subtitle B--HUD Disaster Waver Provision

SEC. 6011. DISASTER WAIVER AUTHORITY.

    To address the damage resulting from the consequences of the 
natural disasters occurring in the winter of 1996 and 1997 and the 
spring of 1997 (including severe weather in the Western United States, 
damaging tornadoes, and the March 1997 flooding in the Midwest), upon 
the request of a recipient of assistance the Secretary of Housing and 
Urban Development may, on a case-by-case basis and upon such other 
terms as the Secretary may specify--
            (1) in applying section 122 of the Housing and Community 
        Development Act of 1974, waive (in whole or in part) the 
        requirements that activities benefit persons of low- and 
        moderate-income; and
            (2) in applying section 290 of the HOME Investment 
        Partnerships Act, waive (in whole or in part) the requirements 
        that housing qualify as affordable housing.
    This Act may be cited as the ``1997 Emergency Supplemental 
Appropriations Act for Recovery from Natural Disasters, and for 
Overseas Peacekeeping Efforts, Including Those in Bosnia''.

            Passed the House of Representatives May 15, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.