[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1755 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1755

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 1997

   Mr. Obey introduced the following bill; which was referred to the 
  Committee on Appropriations, an in addition to the Committee on the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

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

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

    For payments to individuals under section 675 of Public Law 104-
201, $20,000,000, to remain available until expended.

                     REVOLVING AND MANAGEMENT FUNDS

               Reserve Mobilization Income Insurance Fund

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

                     GENERAL PROVISIONS, CHAPTER 1

                          (transfer of funds)

    Sec. 101. The Secretary of the Navy shall transfer up to 
$23,000,000 to ``Operation and Maintenance, Marine Corps'' from the 
following accounts in the specified amounts, to be available only for 
reimbursing costs incurred for repairing damage caused by hurricanes, 
flooding, and other natural disasters during 1996 and 1997 to real 
property and facilities at Marine Corps facilities (including Camp 
Lejeune, North Carolina; Cherry Point, North Carolina; and the Mountain 
Warfare Training Center, Bridgeport, California);
            ``Military Personnel, Marine Corps'', $4,000,000;
            ``Operation and Maintenance, Marine Corps'', $11,000,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 1996/
        1998'', $4,000,000; and
            ``Procurement, Marine Corps, 1996/1998'', $4,000,000.
    Sec. 102. In addition to the amounts appropriated in title VI of 
the Department of Defense Appropriations Act, 1997 (as contained in 
section 101(b) of Public Law 104-208), under the heading ``Defense 
Health Program'', $21,000,000 is hereby appropriated and made available 
only for the provision of direct patient care at military treatment 
facilities.
    Sec. 103. In addition to the amounts appropriated in title II of 
the Department of Defense Appropriations Act, 1997 (as contained in 
section 101(b) of Public Law 104-208), under the heading ``Operation 
and Maintenance, Defense-Wide'', $10,000,000 is hereby appropriated and 
made available only for force protection and counter-terrorism 
initiatives.

                          (transfer of funds)

    Sec. 104. In addition to the amounts provided in Public Law 104-
208, $25,800,000 is appropriated under the heading ``Overseas 
Humanitarian, Disaster and Civic Aid'': Provided, That from the funds 
available under that heading, the Secretary of Defense shall make a 
grant in the amount of $25,800,000 to the American Red Cross for Armed 
Forces emergency services.
    Sec. 105. (a) Report on Cost and Source of Funds for Military 
Activities Relating to Bosnia.--Not later than 60 days after enactment 
of this Act, the President shall submit to Congress the report 
described in subsection (b).
    (b) Report Elements.--The report referred to in subsection (a) 
shall include the following:
            (1) A detailed description of the estimated cumulative cost 
        of all United States activities relating to Bosnia after 
        December 1, 1995, including--
                    (A) the cost of all deployments, training 
                activities, and mobilization and other preparatory 
                activities of the Armed Forces; and
                    (B) the cost of all other activities relating to 
                United States policy toward Bosnia, including 
                humanitarian assistance, reconstruction assistance, aid 
                and other financial assistance, the rescheduling or 
                forgiveness of bilateral or multilateral aid, in-kind 
                contributions, and any other activities of the United 
                States Government.
            (2) A detailed accounting of the source of funds obligated 
        or expended to meet the costs described in paragraph (1), 
        including--
                    (A) in the case of expenditures of funds of 
                Department of Defense, a breakdown of such expenditures 
                by military service or defense agency, line item, and 
                program; and
                    (B) in the case of expenditures of funds of other 
                departments and agencies of the United States, a 
                breakdown of such expenditures by department or agency 
                and by program.
    Sec. 106. For an additional amount for ``Family Housing, Navy and 
Marine Corps'' to cover the incremental Operation and Maintenance costs 
arising from hurricane damage to family housing units at Marine Corps 
Base Camp Lejeune, North Carolina and Marine Corps Air Station Cherry 
Point, North Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.

                               CHAPTER 2

                              RESCISSIONS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

                              (rescission)

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

                        Military Personnel, Navy

                              (rescission)

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

                    Military Personnel, Marine Corps

                              (rescission)

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

                     Military Personnel, Air Force

                              (rescission)

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                              (rescission)

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

                    Operation and Maintenance, Navy

                              (rescission)

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

                Operation and Maintenance, Marine Corps

                              (rescission)

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

                  Operation and Maintenance, Air Force

                              (rescission)

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

                Operation and Maintenance, Defense-Wide

                              (rescission)

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

                    Environmental Restoration, Army

                              (rescission)

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

                    Environmental Restoration, Navy

                              (rescission)

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

                  Environmental Restoration, Air Force

                              (rescission)

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

                Environmental Restoration, Defense-Wide

                              (rescission)

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

         Environmental Restoration, Formerly Used Defense Sites

                              (rescission)

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

                  Former Soviet Union Threat Reduction

                              (rescission)

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

                              PROCUREMENT

                       Aircraft Procurement, Army

                             (rescissions)

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

                       Missile Procurement, Army

                             (rescissions)

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

                             (rescissions)

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

                    Procurement of Ammunition, Army

                             (rescissions)

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

                        Other Procurement, Army

                             (rescissions)

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

                       Aircraft Procurement, Navy

                             (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $34,000,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $52,000,000 are rescinded.

                       Weapons Procurement, Navy

                             (rescissions)

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

            Procurement of Ammunition, Navy and Marine Corps

                              (rescission)

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

                   Shipbuilding and Conversion, Navy

                             (rescissions)

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

                        Other Procurement, Navy

                             (rescissions)

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

                       Procurement, Marine Corps

                              (rescission)

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

                    Aircraft Procurement, Air Force

                             (rescissions)

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

                     Missile Procurement, Air Force

                             (rescissions)

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

                  Procurement of Ammunition, Air Force

                              (rescission)

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

                      Other Procurement, Air Force

                             (rescissions)

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

                       Procurement, Defense-Wide

                             (rescissions)

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

                  National Guard and Reserve Equipment

                             (rescissions)

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

                             (rescissions)

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

            Research, Development, Test and Evaluation, Navy

                             (rescissions)

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

         Research, Development, Test and Evaluation, Air Force

                             (rescissions)

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

        Research, Development, Test and Evaluation, Defense-Wide

                             (rescissions)

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

               Developmental Test and Evaluation, Defense

                              (rescission)

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

                Operational Test and Evaluation, Defense

                              (rescission)

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

                     REVOLVING AND MANAGEMENT FUNDS

                     National Defense Sealift Fund

                              (rescission)

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

                              (rescission)

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

           Chemical Agents and Munitions Destruction, Defense

                             (rescissions)

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

         Drug Interdiction and Counter-Drug Activities, Defense

                              (rescission)

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

                     GENERAL PROVISIONS, CHAPTER 2

                             (rescissions)

    Sec. 201. Of the funds appropriated in the Military Construction 
Appropriations Act, 1996 (Public Law 104-32), amounts are hereby 
rescinded from the following accounts in the specified amounts:
            ``Military Construction, Air National Guard'', $5,000,000;
            ``Military Construction, Defense-wide'', $41,000,000;
            ``Base Realignment and Closure Account, Part II'', 
        $35,391,000;
            ``Base Realignment and Closure Account, Part III'', 
        $75,638,000; and
            ``Base Realignment and Closure Account, Part IV'', 
        $22,971,000:
Provided, That of the funds appropriated in the Military Construction 
Appropriations Act, 1997 (Public Law 104-196), amounts are hereby 
rescinded from the following accounts in the specified amounts:
            ``Military Construction, Army'', $1,000,000;
            ``Military Construction, Navy'', $2,000,000;
            ``Military Construction, Air Force'', $3,000,000; and
            ``Military Construction, Defense-wide'', $3,000,000.

                              (rescission)

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

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 301. The Joint Requirements Oversight Council is directed to 
conduct an analysis and submit recommendations as to the recommended 
future roles of the Military Services with respect to development and 
deployment of the elements of the National Missile Defense Program: 
Provided, That the analysis and recommendations shall be submitted to 
the Congressional Defense Committees within 60 days of enactment of 
this Act: Provided further, That for 60 days following enactment of 
this Act, the Department of Defense shall take no actions to delay or 
defer planned activities under the National Missile Defense Program 
based solely on the conduct of the Joint Requirements Oversight Council 
analysis.
    Sec. 302. Notwithstanding section 3612(a) of title 22, United 
States Code, the incumbent may continue to serve as the Secretary of 
Defense designee on the Board of the Panama Canal Commission if he 
retires as an officer of the Department of Defense, until and unless 
the Secretary of Defense designates another person to serve in this 
position.

 authority of secretary of defense to enter into lease of building no. 
          1, lexington blue grass station, lexington, kentucky

    Sec. 303. (a) Authority To Enter Into Lease.--The Secretary of 
Defense may enter into an agreement for the lease of Building No. 1, 
Lexington Bllue Grass Station, Lexington, Kentucky, and any real 
property associated with the building, for purposes of the use of the 
building by the Defense Finance and Accounting Service. The agreement 
shall meet the requirements of this section.
    (b) Term.--(1) The agreement under this section shall provide for a 
lease term of not to exceed 50 years, but may provide for one or more 
options to renew or extend the term of the lease.
    (2) The agreement shall include a provision specifying that, if the 
Secretary ceases to require the leased building for purpose of the use 
of the building by the Defense Finance and Accounting Service before 
the expiration of the term of the lease (including any extension or 
renewal of the term under an option provided for in paragraph (1)), the 
remainder of the lease term may, upon the approval of the lessor of the 
building, be satisfied by the Secretary or another department or agency 
of the Federal Government (including a military department) for another 
purpose similar to such purpose.
    (c) Consideration.--(1) The agreement under this section may not 
require rental payments by the United States under the lease under the 
agreement.
    (2) The Secretary or other lessee, if any, under subsection (b)(2) 
shall be responsible under the agreement for payment of any utilities 
associated with the lease of the building covered by the agreement and 
for maintenance and repair of the building.
    (d) Improvement.--The agreement under this section may provide for 
the improvement of the building covered by the agreement by the 
Secretary or other lessee, if any, under subsection (b)(2).
    (e) Limitation on Certain Activities.--The Secretary may not 
obligate or expend funds for the costs of any utilities, maintenance 
and repair, or improvements under this lease under this section in any 
fiscal year unless funds are appropriated or otherwise made available 
for the Department of Defense for such payment in such fiscal year.
    Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C. 1552(a), and 
31 U.S.C. 1553(a), funds appropriated in Public Law 101-511, Public Law 
102-396, and Public Law 103-139, under the heading ``Weapons 
Procurement, Navy'', that were obligated and expended to settle claims 
on the MK-50 torpedo program may continue to be obligated and expended 
to settle those claims.
    Sec. 305. None of the funds available to the Department of Defense 
in this or any other Act shall be available to pay the cost of 
operating a National Missile Defense Joint Program Office which 
includes more than 55 military and civilian personnel located in the 
National Capital Region.
    Sec. 306. Funds obligated by the National Aeronautics and Space 
Administration (NASA) in the amount of $61,300,000 during fiscal year 
1996, pursuant to the ``Memorandum of Agreement between the National 
Aeronautics and Space Administration and the United States Air Force on 
Titan IV/Centaur Launch Support for the Cassini Mission,'' signed 
September 8, 1994, and September 23, 1994, and Attachments A, B, and C 
to that Memorandum, shall be merged with Air Force appropriations 
available for research, development, test and evaluation and 
procurement for fiscal year 1996, and shall be available for the same 
time period as the appropriation with which merged, and shall be 
available for obligation only for those Titan IV vehicles and Titan IV-
related activities under contract.
    Sec. 307. For the purposes of implementing the 1997 Defense 
Experimental Program to Stimulate Competitive Research (DEPSCoR), the 
term ``State'' means a State of the United States, the District of 
Columbia, Puerto Rico, Guam and the Virgin Islands of the United 
States, American Samoa and the Commonwealth of the Northern Mariana 
Islands.

         TITLE II--OTHER EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER 1

     SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
                  ADMINISTRATION, AND RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency

           agricultural credit insurance fund program account

    For an additional amount for the ``Agricultural Credit Insurance 
Fund Program Account'' for the additional cost of direct and guaranteed 
loans authorized by 7 U.S.C. 1928-1929, including the cost of modifying 
such loans as defined in section 502 of the Congressional Budget Act of 
1974, resulting from flooding and other natural disasters, $23,000,000, 
to remain available until expended, of which $18,000,000 shall be 
available for emergency insured loans and $5,000,000 shall be available 
for subsidized guaranteed operating loans: Provided, That the entire 
amount shall be available only to the extent that an official budget 
request for $23,000,000 that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, That 
such amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of such Act.
    For an additional amount for the ``Agricultural Credit Insurance 
Fund Program Account'' for the additional cost of direct operating 
loans authorized by 7 U.S.C. 1928-1929, including the cost of modifying 
such loans as defined in section 502 of the Congressional Budget Act of 
1974, $6,300,000, to remain available until expended.

                     emergency conservation program

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

                        tree assistance program

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

                   Commodity Credit Corporation Fund

                  disaster reserve assistance program

    Effective only for losses in the fiscal year beginning October 1, 
1996, through the date of enactment of this Act, the Secretary may use 
up to $50,000,000 from proceeds earned from the sale of grain in the 
disaster reserve established in the Agricultural Act of 1970 to 
implement a livestock indemnity program for losses from natural 
disasters subject to a Presidential or Secretarial declaration in a 
manner similar to catastrophic loss coverage available for other 
commodities under 7 U.S.C. 1508(b): Provided, That in administering a 
program described in the preceding sentence, the Secretary shall, to 
the extent practicable, utilize gross income and payment limitations 
conditions established for the Disaster Reserve Assistance Program for 
the 1996 crop year: Provided further, That notwithstanding any other 
provision of law, beginning on October 1, 1997, grain in the disaster 
reserve established in the Agricultural Act of 1970 shall not exceed 20 
million bushels: Provided further, That the entire amount shall be 
available only to the extent an official budget request, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of such Act.

                 Natural Resources Conservation Service

               watershed and flood prevention operations

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

                         Rural Housing Service

              rural housing insurance fund program account

                    rural housing assistance program

    Any unobligated balances remaining in the ``Rural Housing Insurance 
Fund Program Account'' from prior years' disaster supplementals shall 
be available until expended for Section 502 housing loans, Section 504 
loans and grants, and Section 515 loans, and domestic farm labor grants 
to meet emergency needs resulting from natural disasters: Provided, 
That such unobligated balances shall be available only to the extent an 
official budget request that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985 is transmitted by the 
President to the Congress: Provided further, That such unobligated 
balances are designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of such Act: Provided further, That 
notwithstanding section 520 of the Housing Act of 1949, as amended, (42 
U.S.C. 1940) the College Station area of Pulaski County, Arkansas shall 
be eligible for loans and grants available through the Rural Housing 
Service: Provided further, That funds made available in Public Law 104-
180 for Community Facility Grants for the Rural Housing Assistance 
Program may be provided to any community otherwise eligible for a 
Community Facility Loan for expenses directly or indirectly resulting 
from flooding and other natural disasters.

                        Rural Utilities Service

                   rural utilities assistance program

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

                       Food and Consumer Service

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

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

                      GENERAL PROVISION, CHAPTER 1

collection and dissemination of information on prices received for bulk 
                                 cheese

    Sec. 101. (a) In General.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of Agriculture shall collect and 
disseminate, on a weekly basis, statistically reliable information, 
obtained from cheese manufacturing areas in the United States on prices 
received and terms of trade involving bulk cheese, including 
information on the national average price for bulk cheese sold through 
spot and forward contract transactions. To the maximum extent 
practicable, the Secretary shall report the prices and terms of trade 
for spot and forward contract transactions separately.
    (b) Confidentiality.--All information provided to, or acquired by, 
the Secretary under subsection (a) shall be kept confidential by each 
officer and employee of the Department of Agriculture except that 
general weekly statements may be issued that are based on the 
information and that do not identify the information provided by any 
person.
    (c) Report.--Not later than 150 days after the date of enactment of 
this Act, the Secretary shall report to the Committee on Agriculture, 
and the Committee on Appropriations, of the House of Representatives 
and the Committee on Agriculture, Nutrition, and Forestry, and the 
Committee on Appropriations, of the Senate, on the rate of reporting 
compliance by cheese manufacturers with respect to the information 
collected under subsection (a). At the time of the report, the 
Secretary may submit legislative recommendations to improve the rate of 
reporting compliance.
    (d) Termination of Effectiveness.--The authority provided by 
subsection (a) terminates effective April 5, 1999.

 state option to issue food stamp benefits to certain individuals made 
                     ineligible by welfare reform.

    Sec. 102. (a) In General.--Section 7 of the Food Stamp Act of 1977 
(7 U.S.C. 2016) is amended--
            (1) in subsection (a), by inserting after ``necessary, 
        and'' the following: ``(except as provided in subsection 
        (j))''; and
            (2) by adding at the end the following:
    ``(j) State Option to Issue Benefits to Certain Individuals Made 
Ineligible by Welfare Reform.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a State agency may, with the approval of the Secretary, 
        issue benefits under this Act to an individual who is 
        ineligible to participate in the food stamp program solely as a 
        result of section 6(o)(2) of this Act or section 402 or 403 of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1612 or 1613).
            ``(2) State payments to secretary.--
                    ``(A) In general.--Not later than the date the 
                State agency issues benefits to individuals under this 
                subsection, the State agency shall pay the Secretary, 
                in accordance with procedures established by the 
                Secretary, an amount that is equal to--
                            ``(i) the value of the benefits; and
                            ``(ii) the costs of printing, shipping, and 
                        redeeming coupons, and other Federal costs, 
                        incurred in providing the benefits, as 
                        determined by the Secretary.
                    ``(B) Crediting.--Notwithstanding section 3302(b) 
                of title 31, United States Code, payments received 
                under subparagraph (A) shall be credited to the food 
                stamp program appropriation account or the account from 
                which the costs were drawn, as appropriate, for the 
                fiscal year in which the payment is received.
            ``(3) Reporting.--To be eligible to issue benefits under 
        this subsection, a State agency shall comply with reporting 
        requirements established by the Secretary to carry out this 
        subsection.
            ``(4) Plan.--To be eligible to issue benefits under this 
        subsection, a State agency shall--
                    ``(A) submit a plan to the Secretary that describes 
                the conditions and procedures under which the benefits 
                will be issued, including eligibility standards, 
                benefit levels, and the methodology the State agency 
                will use to determine amounts due the Secretary under 
                paragraph (2); and
                    ``(B) obtain the approval of the Secretary for the 
                plan.
            ``(5) Violations.--A sanction, disqualification, fine, or 
        other penalty prescribed under Federal law (including sections 
        12 and 15) shall apply to a violation committed in connection 
        with a coupon issued under this subsection.
            ``(6) Ineligibility for administrative reimbursement.--
        Administrative and other costs incurred in issuing a benefit 
        under this subsection shall not be eligible for Federal funding 
        under this Act.
            ``(7) Exclusion from enhanced payment accuracy systems.--
        Section 16(c) shall not apply to benefits issued under this 
        subsection.''.
    (b) Conforming Amendments.--Section 17(b)(1)(B)(iv) of the Food 
Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is amended--
            (1) in subclause (V), by striking ``or'' at the end;
            (2) in subclause (VI), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(VII) waives a provision of 
                                section 7(j).''.

                   OFFSETS AND RESCISSIONS, CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

                         fund for rural america

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

                       Food and Consumer Service

                 the emergency food assistance program

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

         Foreign Agricultural Service and General Sales Manager

                             export credit

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

                       export enhancement program

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

                               CHAPTER 2

   SUBCOMMITTEE ON COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND 
                            RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

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

                  operations, research, and facilities

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

        commission on the advancement of federal law enforcement

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

                     GENERAL PROVISIONS, CHAPTER 2

    Sec. 201. Of the funds currently contained within the 
``Counterterrorism Fund'' of the Department of Justice, $3,000,000 is 
provided for allocation by the Attorney General to the appropriate unit 
or units of government in Ogden, Utah, for necessary expenses, 
including enhancement and upgrade of security and communications 
infrastructure, to counter any potential terrorism threat related to 
the 2002 Winter Olympic games to be held in Utah.
    Sec. 202. None of the funds made available in any appropriations 
Act for fiscal year 1997 may be used by the Department of Commerce to 
make irreversible plans or preparation for the use of sampling or any 
other statistical method (including any statistical adjustment) in 
taking the 2000 decennial census of population for purposes of the 
apportionment of Representatives in Congress among the States.
    Sec. 203. Expanding Small Business Participation in Dredging.--
Section 722(a) of the Small Business Competitiveness Demonstration 
Program Act of 1988 (15 U.S.C. 644 note) is amended by striking 
``September 30, 1996'' and inserting ``September 30, 1997''.
    Sec. 204. Section 101 of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1371) is amended by adding at the end thereof the following:
    ``(d) Good Samaritan Exemption.--It shall not be a violation of 
this Act to take a marine mammal if--
            ``(1) such taking is imminently necessary to avoid serious 
        injury, additional injury, or death to a marine mammal 
        entangled in fishing gear or debris;
            ``(2) reasonable care is taken to ensure the safe release 
        of the marine mammal, taking into consideration the equipment, 
        expertise, and conditions at hand;
            ``(3) reasonable care is exercised to prevent any further 
        injury to the marine mammal; and
            ``(4) such taking is reported to the Secretary within 48 
        hours.''.

                         RESCISSIONS, CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

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

                            Legal Activities

                         assets forfeiture fund

                              (rescission)

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

                 Immigration and Naturalization Service

                              construction

                              (rescission)

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

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     industrial technology services

                              (rescission)

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

                            RELATED AGENCIES

                   Federal Communications Commission

                         salaries and expenses

                              (rescission)

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

                      Ounce of Prevention Council

                              (rescission)

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

                               CHAPTER 3

              SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT

                      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: 
Provided further, That the entire amount shall be available only to the 
extent an official budget request for $20,000,000, 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.

                   operation and maintenance, general

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

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' due to flooding and other natural disasters, 
$415,000,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent an 
official budget request for $415,000,000, 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 with $5,000,000 of the funds appropriated herein, the 
Secretary of the Army is directed to initiate and complete 
preconstruction engineering and design and associated Environmental 
Impact Statement for an emergency outlet from Devils Lake, North Dakota 
to the Sheyenne River, at full Federal expense: Provided further, That, 
of the funds appropriated under this paragraph, $5,000,000 shall be 
used for the project consisting of channel restoration and improvements 
on the James River authorized by section 401(b) of the Water Resources 
Development Act of 1986 (Public Law 99-662; 100 Stat. 4128) if the 
Secretary of the Army determines that the need for such restoration and 
improvements constitutes an emergency.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                       operation and maintenance

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

                     GENERAL PROVISIONS, CHAPTER 3

    Sec. 301. (a) Beginning in fiscal year 1997 and thereafter, the 
United States members and the alternate members appointed under the 
Susquehanna River Basin Compact (Public Law 91-575), and the Delaware 
River Basin Compact (Public Law 87-328), shall be officers of the U.S. 
Army Corps of Engineers, who hold Presidential appointments as Regular 
Army officers with Senate confirmation, and who shall serve without 
additional compensation.
    (b) Section 2, Reservations, Paragraph (u) of Public Law 91-575 (84 
Stat. 1509) and Section 15.1, Reservations, Paragraph (d) of Public Law 
87-328 (75 Stat. 688, 691) are hereby repealed.
    (c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is amended 
by striking the words ``during the term of office of the President'' 
and inserting the words ``at the pleasure of the President''.
    Sec. 302. Notwithstanding section 5 of the Reclamation Safety of 
Dams Act of 1978, Public Law 95-578, as amended, the Secretary of the 
Interior is authorized to obligate up to $1,200,000 for carrying out 
actual construction for safety of dam purposes to modify the Willow 
Creek Dam, Sun River Project, Montana.

 compliance with the endangered species act of 1973 in connection with 
                         flood control projects

    Sec. 303. (a) Consultation and Conferencing.--As provided by 
regulations issued under the Endangered Species Act (16 U.S.C. 1531 et 
seq.) for emergency situations, formal consultation or conferencing 
under section 7(a)(2) and 7(a)(4) of the Act for any action authorized, 
funded or carried out by any Federal agency to repair a Federal or non-
Federal flood control project, facility or structure may be deferred by 
the Federal agency authorizing, funding or carrying out the action, if 
the agency determines that the repair is needed to respond to an 
emergency causing an imminent threat to human lives and property in 
1996 or 1997. Formal consultation or conferencing shall be deferred 
until the imminent threat to human lives and property has been abated. 
For purposes of this section, the term repair shall include preventive 
and remedial measures to restore the project, facility or structure to 
remove an imminent threat to human lives and property.
    (b) Reasonable and Prudent Measures.--Any reasonable and prudent 
measures specified under section 7 of the Endangered Species Act (16 
U.S.C. 1536) to minimize the impact of an action taken under this 
section shall be related both in nature and extent to the effect of the 
action taken to repair the flood control project, facility or 
structure.

                         RESCISSIONS, CHAPTER 3

                          DEPARTMENT OF ENERGY

                            Energy Programs

           energy supply, research and development activities

                              (rescission)

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

                    Power Marketing Administrations

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

                              (rescission)

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

                               CHAPTER 4

   SUBCOMMITTEE ON FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 
                                PROGRAMS

                           GENERAL PROVISION

                         Assistance to Ukraine

    Sec. 401. (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.

                               CHAPTER 5

             SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                              construction

                     (including transfer of funds)

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

                   oregon and california grant lands

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

                United States Fish and Wildlife Service

                          resource management

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

                              construction

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

                            land acquisition

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

                         National Park Service

                              construction

    For an additional amount for ``Construction'' for emergency 
expenses resulting from flooding and other natural disasters, 
$187,321,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That of this amount, $30,000,000 shall be available only to the extent 
an official budget request for a specific dollar amount, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in such Act, is transmitted by the President to 
Congress, and upon certification by the Secretary of the Interior to 
the President that a specific amount of such funds is required for (1) 
repair or replacement of concession use facilities at Yosemite National 
Park if the Secretary determines, after consulting with the Director of 
the Office of Management and Budget, that the repair or replacement of 
those facilities cannot be postponed until completion of an agreement 
with the Yosemite Concessions Services Corporation or any responsible 
third party to satisfy its repair or replacement obligations for the 
facilities, or (2) the Federal portion, if any, of the costs of repair 
or replacement of such concession use facilities: Provided further, 
That nothing herein should be construed as impairing in any way the 
rights of the United States against the Yosemite Concession Services 
Corporation or any other party or as relieving the Corporation or any 
other party of its obligations to the United States: Provided further, 
That prior to any final agreement by the Secretary with the Corporation 
or any other party concerning its obligation to repair or replace 
concession use facilities, the Solicitor of the Department of the 
Interior shall certify that the agreement fully satisfies the 
obligations of the Corporation or third party: Provided further, That 
nothing herein, or any payments, repairs, or replacements made by the 
Corporation or a third party in fulfillment of the Corporation's 
obligations to the United States to repair and replace damaged 
facilities, shall create any possessory interest for the Corporation or 
such third party in such repaired or replaced facilities: Provided 
further, That any payments made to the United States by the Corporation 
or a third party for repair or replacement of concession use facilities 
shall be deposited in the General Fund of the Treasury or, where 
facilities are repaired or replaced by the Corporation or any other 
third party, an equal amount of appropriations for ``Construction'' 
shall be rescinded.
    For an additional amount for ``Construction'', $10,000,000, to 
remain available until expended, to make repairs, construct facilities, 
and provide visitor transportation and for related purposes at Yosemite 
National Park.

                    United States Geological Survey

                 surveys, investigations, and research

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

                        Bureau of Indian Affairs

                      operation of indian programs

    For an additional amount for ``Operation of Indian Programs'', 
$14,317,000, to remain available until September 30, 1998, for 
emergency response activities, including emergency school operations, 
heating costs, emergency welfare assistance, and to repair and replace 
facilities and resources damaged by snow, floods, and other natural 
disasters: Provided, That the entire amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                              construction

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

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                         national forest system

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

                    reconstruction and construction

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

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

                        indian health facilities

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

                     GENERAL PROVISIONS, CHAPTER 5

    Sec. 501. 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,''.
    Sec. 502. Section 101(d) of Public Law 104-208 is amended as 
follows: Under the heading ``Administrative Provisions, Indian Health 
Service'' strike the seventh proviso and insert the following in lieu 
thereof: ``: Provided further, That with respect to functions 
transferred by the Indian Health Service to tribes or tribal 
organizations, the Indian Health Service is authorized to provide goods 
and services to those entities, on a reimbursable basis, including 
payment in advance with subsequent adjustment, and the reimbursements 
received therefrom, along with the funds received from those entities 
pursuant to the Indian Self Determination Act, may be credited to the 
same or subsequent appropriation account which provided the funding, 
said amounts to remain available until expended''.
    Sec. 503. (a) Extension and Effective Date.--Section 3711(b)(1) of 
the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (106 
Stat. 4752) is amended by striking ``June 30, 1997'' and inserting 
``March 31, 1999''.
    (b) Extension for River System General Adjudication.--Section 3711 
of such Act is amended by adding at the end the following new 
subsection:
    ``(c) Extension for River System General Adjudication.--If, at any 
time prior to March 31, 1999, the Secretary notifies the Committee on 
Indian Affairs of the United States Senate or the Committee on 
Resources in the United States House of Representatives that the 
Settlement Agreement, as executed by the Secretary, has been submitted 
to the Superior Court of the State of Arizona in and for Maricopa 
County for consideration and approval as part of the General 
Adjudication of the Gila River System and Source, the March 31, 1999, 
referred to in subsection (b)(1) shall be deemed to be changed to 
December 31, 1999.''.
    (c) Counties.--Section 3706(b)(3) of such Act is amended by 
inserting ``Gila, Graham, Greenlee,'' after ``Maricopa,''.
    (d) Parties to Agreement.--Section 3703(2) of such Act is amended 
by adding at the end the following new sentence: ``The Gila Valley 
Irrigation District and the Franklin Irrigation District shall be added 
as parties to the Agreement, but only so long as none of the 
aforementioned parties objects to adding the Gila Valley Irrigation 
and/or the Franklin Irrigation District as parties to the Agreement.''.
    (e) Definitions.--Section 3703 of such Act is amended by adding the 
following new paragraphs:
    ``(12) `Morenci mine complex' means the lands owned or leased by 
Phelps Dodge Corporation, now or in the future, delineated in a map as 
`Phelps Dodge Mining, Mineral Processing, and Auxiliary Facilities 
Water Use Area', which map is dated March 19, 1997, and is on file with 
the Secretary of the Interior.
    ``(13) `Upper Eagle Creek Wellfield' means that area in Greenlee 
County which is bounded by the eastern boundary of Graham County on the 
west, the southern boundary of the Black River watershed on the north, 
a line running north and south 5 miles east of the eastern boundary of 
Graham County on the east, and the southern boundary of the natural 
drainage of Cottonwood Canyon on the south.''.
    (f) Black River Facilities.--Section 3711 of such Act, as amended 
by subsection (b) of this Act, is further amended by adding at the end 
the following:
    ``(d) Black River Facilities.--
            ``(1) In general.--The provisions and agreements set forth 
        or referred to in paragraphs (2), (3), and (4) below shall be 
        enforceable against the United States in United States district 
        court, and the immunity of the United States for such purposes 
        and for no other purpose is hereby waived. The provisions and 
        agreements set forth or referred to in paragraphs (2)(A), (3), 
        and (4) below shall be enforceable against the Tribe in United 
        States district court, and the immunity of the Tribe for such 
        purposes and for no other purpose, is hereby waived. The 
        specific agreements made by the Tribe and set forth in 
        paragraph (5) shall be enforceable against the Tribe in United 
        States district court, and the immunity of the Tribe is hereby 
        waived as to such specific agreements and for no other purpose.
            ``(2) Interim period.--
                    ``(A) As of July 23, 1997, Phelps Dodge shall 
                vacate the reservation and no longer rely upon permit 
                #2000089, dated July 25, 1944. On such date the United 
                States, through the Bureau of Reclamation, shall enter, 
                operate, and maintain the Black River pump station, 
                outbuildings, the pipeline, related facilities, and 
                certain caretaker quarters (hereinafter referred to 
                collectively as the `Black River facilities').
                    ``(B) The United States and Phelps Dodge shall 
                enter into a contract for delivery of water pursuant to 
                subparagraph (C), below. Water for delivery to Phelps 
                Dodge from the Black River shall not exceed an annual 
                average of 40 acre feet per day, or 14,000 acre feet 
                per year. All diversions from Black River to Phelps 
                Dodge shall be junior to the diversion and use of up to 
                7,300 acre feet per year by the San Carlos Apache 
                Tribe, and no such diversion for Phelps Dodge shall 
                cause the flow of Black River to fall below 20 cubic 
                feet per second. The United States shall account for 
                the costs for operating and maintaining the Black River 
                facilities, and Phelps Dodge shall reimburse the United 
                States for such costs. Phelps Dodge shall pay to the 
                United States, for delivery to the Tribe, the sum of 
                $20,000 per month, with an annual CPI adjustment from 
                July 23, 1997, for purposes of compensating the Tribe 
                for United States use and occupancy of the Black River 
                facilities. Phelps Dodge and the Tribe shall cooperate 
                with the United States in effectuating an orderly 
                transfer of the operations of the Black River 
                facilities from Phelps Dodge to the United States.
                    ``(C) Notwithstanding any other provision of law, 
                the contract referred to in subparagraph (B) between 
                the United States and Phelps Dodge which provides for 
                the diversion of water from the Black River into the 
                Black River facilities, and the delivery of such water 
                to Phelps Dodge at that location where the channel of 
                Eagle Creek last exits the reservation for use in the 
                Morenci mine complex and the towns of Clifton and 
                Morenci and at no other location, is ratified and 
                confirmed.
                    ``(D) The power line right-of-way over the Tribe's 
                Reservation which currently is held by Phelps Dodge 
                shall remain in place. During the interim period, 
                Phelps Dodge shall provide power to the United States 
                for operation of the pump station and related 
                facilities without charge, and Phelps Dodge shall pay a 
                monthly right-of-way fee to the Tribe of $5,000 per 
                month, with an annual CPI adjustment from July 23, 
                1997.
                    ``(E) Any questions regarding the water claims 
                associated with Phelps Dodge's use of the Upper Eagle 
                Creek Wellfield, its diversions of surface water from 
                Eagle Creek, the San Francisco River, Chase Creek, and/
                or its use of other water supplies are not addressed in 
                this title. No provision in this subsection shall 
                affect or be construed to affect any claims by the 
                Tribe, the United States, or Phelps Dodge to 
                groundwater or surface water.
            ``(3) Final arrangements and terms.--The interim period 
        described in paragraph (2) shall extend until all conditions 
        set forth in paragraph (3)(B) have been satisfied. At such 
        time, the following final arrangements shall apply, based on 
        the terms set forth below. Such terms shall bind the Tribe, the 
        United States, and Phelps Dodge, and shall be enforceable 
        pursuant to subsection (d)(1) of this Act.
                    ``(A) The United States shall hold the Black River 
                facilities in trust for the Tribe, without cost to the 
                Tribe or the United States.
                    ``(B) Responsibility for operation of the Black 
                River facilities shall be transferred from the United 
                States to the Tribe. The United States shall train 
                Tribal members during the interim period, and the 
                responsibility to operate the Black River facilities 
                shall be transferred upon satisfaction of 2 
                conditions--
                            ``(i) a finding by the United States that 
                        the Tribe has completed necessary training and 
                        is qualified to operate the Black River 
                        facilities; and
                            ``(ii) execution of the contract described 
                        in paragraph (3)(E), which contract shall be 
                        executed on or before December 31, 1998. In the 
                        event that the contract is not executed by 
                        December 31, 1998, the transfer described in 
                        this subsection shall occur on December 31, 
                        1998 (so long as condition (i) of this 
                        subparagraph has been satisfied), based on 
                        application of the contract terms described in 
                        paragraph (3)(E), which terms shall be 
                        enforceable under this Act. Upon the approval 
                        of the Secretary, the Tribe may contract with 
                        third parties to operate the Black River 
                        facilities.
                    ``(C) Power lines currently operated by Phelps 
                Dodge on the Tribe's Reservation, and the right-of-way 
                associated with such power lines, shall be surrendered 
                by Phelps Dodge to the Tribe, without cost to the 
                Tribe. Prior to the surrender of the power lines, the 
                Bureau of Reclamation shall arrange for an inspection 
                of the power lines and associated facilities by a 
                qualified third party and shall obtain a certification 
                that such power lines and facilities are of sound 
                design and are in good working order. Phelps Dodge 
                shall pay for the cost of such inspection and 
                certification. Concurrently with the surrender of the 
                power lines and the right-of-way, Phelps Dodge shall 
                construct a switch station at the boundary of the 
                Reservation at which the Tribe may switch power on or 
                off and shall deliver ownership and control of such 
                switch station to the Tribe. Subsequent to the transfer 
                of the power lines and the right-of-way and the 
                delivery of ownership and control of the switch station 
                to the Tribe, Phelps Dodge shall have no further 
                obligation or liability of any nature with respect to 
                the ownership, operation, or maintenance of the power 
                lines, the right-of-way, or the switch station.
                    ``(D) The Tribe and the United States will enter 
                into an exchange agreement with the Salt River Project 
                which will deliver CAP water controlled by the Tribe to 
                the Salt River Project in return for the diversion of 
                water from the Black River into the Black River 
                facilities. The exchange agreement shall be subject to 
                review and approval by Phelps Dodge, which approval 
                shall not be unreasonably withheld. Notwithstanding any 
                other provision of law, the contract referred to in 
                this subparagraph is ratified and confirmed.
                    ``(E) The Tribe, the United States, and Phelps 
                Dodge will execute a contract covering the lease and 
                delivery of CAP water from the Tribe to Phelps Dodge on 
                the following terms:
                            ``(i) The Tribe will lease to Phelps Dodge 
                        14,000 acre feet of CAP water per year as of 
                        the date on which the interim period referred 
                        to in paragraph (2) expires. The lease shall be 
                        subject to the terms and conditions identified 
                        in the Tribal CAP Delivery Contract referenced 
                        in section 3706(b). The leased CAP water shall 
                        be delivered to Phelps Dodge from the Black 
                        River pursuant to the exchange referred to in 
                        subparagraph (D) above, based on diversions 
                        from the Black River that shall not exceed an 
                        annual average of 40 acre feet per day and 
                        shall not cause the flow of Black River to fall 
                        below 20 cubic feet per second. Such CAP water 
                        shall be delivered to Phelps Dodge at that 
                        location where the channel of Eagle Creek last 
                        exits the Reservation, to be utilized in the 
                        Morenci mine complex and the towns of Clifton 
                        and Morenci, and at no other location.
                            ``(ii) The leased CAP water shall be junior 
                        to the diversion and use of up to 7,300 acre 
                        feet per year from the Black and Salt Rivers by 
                        the San Carlos Apache Tribe.
                            ``(iii) The lease will be for a term of 50 
                        years or, if earlier, the date upon which 
                        mining activities at the Morenci mine complex 
                        cease, with a right to renew for an additional 
                        50 years upon a finding by the Secretary that 
                        the water is needed for continued mining 
                        activities at the Morenci mine complex. The 
                        lease shall have the following financial terms:
                                    ``(I) The Tribe will lease CAP 
                                water at a cost of $1,200 per acre 
                                foot. Phelps Dodge shall pay to the 
                                United States, on behalf of the Tribe, 
                                the sum of $5,000,000 upon the earlier 
                                of the execution of the agreement, or 
                                upon the expiration of the interim 
                                period referred to in paragraph (2) 
                                hereof, which amount shall be a 
                                prepayment for and applicable to the 
                                first 4,166 acre feet of CAP water to 
                                be delivered in each year during the 
                                term of the lease.
                                    ``(II) Phelps Dodge shall pay the 
                                United States, on behalf of the Tribe, 
                                the sum of $65 per acre foot per year, 
                                with an annual CPI adjustment for the 
                                remaining 9,834 acre feet of water to 
                                be delivered pursuant to the lease each 
                                year. Such payments shall be made in 
                                advance on January 1 of each year, with 
                                a reconciliation made at year-end, if 
                                necessary, in the event that less than 
                                14,000 acre feet of CAP water is 
                                diverted from the Black River due to 
                                shortages in the CAP system or on the 
                                Black River.
                                    ``(III) Phelps Dodge shall pay in 
                                advance each month the Tribe's 
                                reasonable costs associated with the 
                                Tribe's operation, maintenance, and 
                                replacement of the Black River 
                                facilities for purposes of 
delivering water to Phelps Dodge pursuant to the lease, which costs 
shall be based upon the experience of the Bureau of Reclamation in 
operating the Black River facilities during the interim period referred 
to in paragraph (2), subject to an annual CPI adjustment, and providing 
for a credit for power provided by Phelps Dodge to the Tribe. In 
addition, Phelps Dodge shall pay a monthly fee of $30,000 to the United 
States, on behalf of the Tribe, to account for the use of the Tribe's 
distribution system.
                                    ``(IV) Phelps Dodge shall pay the 
                                United States operation, maintenance, 
                                and replacement charges associated with 
                                the leased CAP water and such 
                                reasonable interconnection charges as 
                                may be imposed by Salt River Project in 
                                connection with the exchange referred 
                                to in subparagraph (D) above.
                            ``(iv) Notwithstanding the provisions of 
                        section 3707(b), any moneys, except Black River 
                        facilities OM&R, CAP, OM&R and any charges 
                        associated with an exchange agreement with Salt 
                        River Project, paid to the United States on 
                        behalf of the Tribe from the lease referred to 
                        under paragraph (3)(D)(iii) shall be held in 
                        trust by the United States for the benefit of 
                        the Tribe. There is hereby established in the 
                        Treasury of the United States a fund to be 
                        known as the `San Carlos Apache Tribe Lease 
                        Fund' for such purpose. Interest accruing to 
                        the Fund may be used by the Tribe for economic 
                        and community development purposes upon 
                        presentation to the Secretary of a certified 
                        copy of a duly enacted resolution of the Tribal 
                        Council requesting distribution and a written 
                        budget approved by the Tribal Council. Such 
                        income may thereafter be expended only in 
                        accordance with such budget. Income not 
                        distributed shall be added to principal. The 
                        United States shall not be liable for any claim 
                        or causes of action arising from the Tribe's 
                        use or expenditure of moneys distributed from 
                        the Fund.
                            ``(v) The lease is not assignable to any 
                        third party, except with the consent of the 
                        Tribe and Phelps Dodge, and with the approval 
                        of the Secretary.
                            ``(vi) Notwithstanding subsection (b) 
                        hereof, section 3706 shall be fully effective 
                        immediately with respect to the CAP water lease 
                        provided for in this subparagraph and the 
                        Secretary shall take all actions authorized by 
                        section 3706 necessary for purposes of 
                        implementing this subparagraph. Notwithstanding 
                        any other provision of law, the contract 
                        referred to in this subparagraph is ratified 
                        and confirmed and shall be enforceable in 
                        United States district court. In the event that 
                        no lease authorized by this subparagraph is 
                        executed, this subparagraph, notwithstanding 
                        any other provision of law, shall be 
                        enforceable as a lease among the Tribe, the 
                        United States, and Phelps Dodge in the United 
                        States district court, and the Secretary shall 
                        take all action authorized by section 3706 for 
                        purposes of implementing this subparagraph in 
                        such an event.
                    ``(F) Any questions regarding the water claims 
                associated with Phelps Dodge's use of the Eagle Creek 
                Wellfield, its diversions of surface water from lower 
                Eagle Creek, the San Francisco River, Chase Creek, and/
                or its use of other water supplies are not addressed by 
                this title. No provision in this subsection shall 
                affect or be construed to affect any claims by the 
                Tribe, the United States, or Phelps Dodge to 
                groundwater or surface water.
            ``(4) Eagle creek.--From the effective date of this 
        subsection, and during the Interim Period, the Tribe shall not, 
        in any way, impede, restrict, or sue the United States 
        regarding the passage of water from the Black River facilities 
        into those portions of the channels of Willow Creek and Eagle 
        Creek which flow through the Reservation. Phelps Dodge agrees 
        to limit pumping from the Upper Eagle Creek Wellfield so that 
        the combination of water from the Black River facilities and 
        water pumped from the Upper Eagle Creek Wellfield does not 
        exceed 22,000 acre feet per year of delivered water at the 
        Phelps Dodge Lower Eagle Creek Pump Station below the 
        Reservation. In calculating the pumping rates allowed under 
        this subparagraph, transmission losses from Black River and the 
        Upper Eagle Creek Wellfield shall be estimated, but in no event 
        shall such transmission losses be more than 10 percent of the 
        Black River or Upper Eagle Creek Wellfield water. Based on this 
        agreement, the Tribe shall not, in any way, impede, restrict, 
        or sue Phelps Dodge regarding the passage of water from the 
        Phelps Dodge Upper Eagle Creek Wellfield, except that--
                    ``(A) Phelps Dodge shall pay to the United States, 
                on behalf of the Tribe, $5,000 per month, with an 
                annual CPI adjustment from July 23, 1997, to account 
                for the passage of such flows; and
                    ``(B) the Tribe and the United States reserve the 
                right to challenge Phelps Dodge's claims regarding the 
                pumping of groundwater from the Upper Eagle Creek 
                Wellfield, in accordance with paragraphs (2)(E) and 
                (3)(F) above. In the event that a court determines that 
                Phelps Dodge does not have the right to pump the Upper 
                Eagle Creek Wellfield, the Tribe will no longer be 
                subject to the restriction set forth in this 
                subparagraph regarding the passage of water from the 
                Wellfield through the Reservation. Nothing in this 
                subsection shall affect the rights, if any, that Phelps 
                Dodge might claim regarding the flow of water in the 
                channel of Eagle Creek in the absence of this 
                subsection.
            ``(5) Past claims.--The Act does not address claims 
        relating to Phelps Dodge's prior occupancy and operation of the 
        Black River facilities. The Tribe agrees not to bring any such 
        claims against the United States. The Tribe also agrees that 
        within 30 days after Phelps Dodge has vacated the Reservation, 
        it shall dismiss with prejudice the suit that it has filed in 
        Tribal Court against Phelps Dodge (The San Carlos Apache Tribe 
        v. Phelps Dodge, et al., Case No. C-97-118), which such 
        dismissal shall not be considered a decision on the merits, and 
        any claims that it might assert against Phelps Dodge in 
        connection with Phelps Dodge's prior occupancy and operation of 
        the Black River facilities shall be brought exclusively in the 
        United States district court.
            ``(6) Relationship to settlement.--
                    ``(A) The term `Agreement', as defined by section 
                3703(2), shall not include Phelps Dodge.
                    ``(B) Section 3706(j) and section 3705(f) shall be 
                repealed and shall have no effect.
            ``(7) Ratification of settlement.--The agreement between 
        the San Carlos Apache Tribe, the Phelps Dodge Corporation, and 
        the Secretary of the Interior, as set forth in this subsection, 
        is hereby ratified and approved.''.
    (g) Technical Amendment.--Section 3702(a)(3) is amended by striking 
``qualification'' and inserting ``quantification''.
    Sec. 504. Paragraph (5) of section 104(c) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended as follows:
            (1) In subparagraph (A), by striking ``, including polar 
        bears taken but not imported prior to the date of enactment of 
        the Marine Mammal Protection Act Amendments of 1994,''.
            (2) By adding the following new subparagraph at the end 
        thereof:
            ``(D) The Secretary of the Interior shall, expeditiously 
        after the expiration of the applicable 30-day period under 
        subsection (d)(2), issue a permit for the importation of polar 
        bear parts (other than internal organs) from polar bears taken 
        in sport hunts in Canada before the date of enactment of the 
        Marine Mammal Protection Act Amendments of 1994, to each 
        applicant who submits, with the permit application, proof that 
        the polar bear was legally harvested in Canada by the 
        applicant. The Secretary shall issue such permits without 
        regard to the provisions of subparagraphs (A) and (C)(ii) of 
        this paragraph, subsection (d)(3) of this section, and sections 
        101 and 102. This subparagraph shall not apply to polar bear 
        parts that were imported before the effective date of this 
        subparagraph''.

                         RESCISSIONS, CHAPTER 5

                          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.

                               CHAPTER 6

 SUBCOMMITTEE ON LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                            RELATED AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

               health education assistance loans program

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

                Administration for Children and Families

                children and families services programs

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

                        Office of the Secretary

            public health and social services emergency fund

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

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For additional amounts to carry out subpart 2 of part A of title I 
of the Elementary and Secondary Education Act of 1965, $101,133,000, of 
which $78,362,000 shall be for Basic Grants and $22,771,000 shall be 
for Concentration Grants, which shall be allocated, notwithstanding any 
other provision of law, only to those States, and counties within those 
States, that will receive, from funds available under the Department of 
Education Appropriations Act, 1997, smaller allocations for Grants to 
Local Educational Agencies than they would have received had those 
allocations been calculated entirely on the basis of child poverty 
counts from the 1990 census: Provided, That the Secretary of Education 
shall use these additional funds to provide those States with 50 
percent of the difference between the allocations they would have 
received had the allocations under that Appropriations Act been 
calculated entirely on the basis of the 1990 census data and the 
allocations under the 1997 Appropriations Act: Provided further, That 
if any State's total allocation under that Appropriations Act and this 
paragraph is less than its 1996 allocation for that subpart, that State 
shall receive, under this paragraph, the amount the State would have 
received had that allocation been calculated entirely on the basis of 
child poverty counts from the 1990 census: Provided further, That the 
Secretary shall ratably reduce the allocations to states under the 
preceding proviso for either Basic Grants or Concentration Grants, or 
both, as the case may be, if the funds available are insufficient to 
make those allocations in full: Provided further, That the Secretary 
shall allocate, to such counties in each such State, additional amounts 
for Basic Grants and Concentration Grants that are in the same 
proportion, respectively, to the total amounts allocated to the State, 
as the differences between such counties' initial allocations for Basic 
Grants and Concentration Grants, respectively (compared to what they 
would have received had the initial allocations been calculated 
entirely on the basis of 1990 census data), are to the differences 
between the State's initial allocations for Basic Grants and 
Concentration Grants, respectively (compared to the amounts the State 
would have received had the initial allocations been calculated 
entirely on the basis of 1990 census data): Provided further, That the 
funds appropriated under this paragraph shall become available on July 
1, 1997 and shall remain available through September 30, 1998: Provided 
further, That the additional amounts appropriated under this paragraph 
shall not be taken into account in determining State allocations under 
any other program administered by the Secretary.

                             RELATED AGENCY

          National Commission on the Cost of Higher Education

                         salaries and expenses

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

                     GENERAL PROVISIONS, CHAPTER 6

    Sec. 601. Notwithstanding any other provision of law, fiscal year 
1995 funds awarded under State-administered programs of the Department 
of Education and funds awarded for fiscal year 1996 for State-
administered programs under the Rehabilitation Act of the Department of 
Education to recipients in Presidentially declared disaster areas, 
which were declared as such during fiscal year 1997, are available to 
those recipients for obligation until September 30, 1998: Provided, 
That for the purposes of assisting those recipients, the Secretary's 
waiver authority under section 14401 of the Elementary and Secondary 
Education Act of 1965 shall be extended to all State-administered 
programs of the Department of Education. This special waiver authority 
applies only to funds awarded for fiscal years 1995, 1996 and 1997.
    Sec. 602. Notwithstanding any other provision of law, the Secretary 
of Education may waive or modify any statutory or regulatory provision 
applicable to the student financial aid programs under title IV of the 
Higher Education Act that the Secretary deems necessary to assist 
individuals and other program participants who suffered financial harm 
from natural disasters and who, at the time the disaster struck were 
operating, residing at, or attending an institution of higher 
education, or employed within these areas on the date which the 
President declared the existence of a major disaster (or, in the case 
of an individual who is a dependent student, whose parent or stepparent 
suffered financial harm from such disaster, and who resided, or was 
employed in such an area at that time): Provided further, That such 
authority shall be in effect only for awards for award years 1996-1997 
and 1997-1998.
    Sec. 603. None of the funds provided in this Act or in any other 
Act making appropriations for fiscal year 1997 may be used to 
administer or implement in Denver, Colorado, the Medicare Competitive 
Pricing/Open Enrollment Demonstration, as titled in the April 1, 1997, 
Final Request for Proposals (RFP).

                   emergency use of child care funds

    Sec. 604. (a) In General.--Notwithstanding any other provision of 
law, during the period beginning on April 30, 1997, and ending on July 
30, 1997, the Governors of the States described in paragraph (1) of 
subsection (b) may, subject to subsection (c), use amounts received for 
the provision of child care assistance or services under the Child Care 
and Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) to 
provide emergency child care services to individuals described in 
paragraph (2) of subsection (b).
    (b) Eligibility.--
            (1) Of states.--A State described in this paragraph is a 
        State in which the President, pursuant to section 401 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121), has determined that a major disaster exists, 
        or that an area within the State is determined to be eligible 
        for disaster relief under other Federal law by reason of damage 
        related to flooding in 1997.
            (2) Of individuals.--An individual described in this 
        subsection is an individual who--
                    (A) resides within any area in which the President, 
                pursuant to section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121), has determined that a major disaster exists, or 
                within an area determined to be eligible for disaster 
                relief under other Federal law by reason of damage 
                related to flooding in 1997; and
                    (B) is involved in unpaid work activities 
                (including the cleaning, repair, restoration, and 
                rebuilding of homes, businesses, and schools) resulting 
                from the flood emergency described in subparagraph (A).
    (c) Limitations.--
            (1) Requirements.--With respect to assistance provided to 
        individuals under this section, the quality, certification and 
        licensure, health and safety, nondiscrimination, and other 
        requirements applicable under the Federal programs referred to 
        in subsection (a) shall apply to child care provided or 
        obtained under this section.
            (2) Amount of funds.--The total amount utilized by each of 
        the States under subsection (a) during the period referred to 
        in such subsection shall not exceed the total amount of such 
        assistance that, notwithstanding the enactment of this section, 
        would otherwise have been expended by each such State in the 
        affected region during such period.
    (d) Priority.--In making assistance available under this section, 
the Governors described in subsection (a) shall give priority to 
eligible individuals who do not have access to income, assets, or 
resources as a direct result of the flooding referred to in subsection 
(b)(2)(A).

              extension of ssi redetermination provisions

    Sec. 605. (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.

                         RESCISSION, CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                   job opportunities and basic skills

                              (rescission)

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

                               CHAPTER 7

    SUBCOMMITTEE ON THE LEGISLATIVE BRANCH CONGRESSIONAL OPERATIONS

                                 SENATE

                   Contingent Expenses of the Senate

                        secretary of the senate

                          (transfer of funds)

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

                        HOUSE OF REPRESENTATIVES

      Payments to Widows and Heirs of Deceased Members of Congress

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

                              OTHER AGENCY

                             Botanic Garden

                         salaries and expenses

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

                     GENERAL PROVISIONS, CHAPTER 7

    Sec. 701. Section 105(f) of the Legislative Branch Appropriation 
Act, 1968 (2 U.S.C. 61-1(f)) is amended by adding at the end the 
following: ``The limitation on the minimum rate of gross compensation 
under this subsection shall not apply to any member or civilian 
employee of the Capitol Police whose compensation is disbursed by the 
Secretary of the Senate.''.
    Sec. 702. (a) Section 2 of Public Law 100-71 (2 U.S.C. 65f) is 
amended by adding at the end the following: ``(c) Upon the written 
request of the Secretary of the Senate, with the approval of the 
Committee on Appropriations of the Senate, there shall be transferred 
any amount of funds available under subsection (a) specified in the 
request, but not to exceed $10,000 in any fiscal year, from the 
appropriation account (within the contingent fund of the Senate) for 
expenses of the Office of the Secretary of the Senate to the 
appropriation account for the expense allowance of the Secretary of the 
Senate. Any funds so transferred shall be available in like manner and 
for the same purposes as are other funds in the account to which the 
funds are transferred.''.
    (b) The amendment made by subsection (a) shall be effective with 
respect to appropriations for fiscal years beginning on or after 
October 1, 1996.
    Sec. 703. The Comptroller General may use available funds, now and 
hereafter, to enter into contracts for the acquisition of severable 
services for a period that begins in one fiscal year and ends in the 
next fiscal year and to enter in multiyear contracts for the 
acquisition of property and nonaudit-related services, to the same 
extent as executive agencies under the authority of sections 303L and 
304B, respectively, of the Federal Property and Administrative Services 
Act (41 U.S.C. 253 and 254c).

                               CHAPTER 8

 SUBCOMMITTEE ON THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

                           operating expenses

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

                              retired pay

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

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

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

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

    The limitation under this heading in Public Law 104-205 is 
increased by $457,810,534: Provided, That such additional authority 
shall remain available during fiscal year 1997: Provided further, That 
notwithstanding any other provision of law, the authority provided 
herein above shall be distributed to ensure that States receive an 
amount they would have received had the Highway Trust Fund fiscal year 
1994 income statement not been understated prior to the revision on 
December 24, 1996: Provided further, That notwithstanding any other 
provision of law, remaining amounts herein above shall be distributed 
to States in a manner as provided in section 310(a) of Public Law 104-
205 (by allocation in the ratio which sums authorized to be 
appropriated for Federal-aid highways for fiscal year 1997 that are 
appropriated or allocated to each State for such fiscal year bear to 
the total of the sums authorized to be appropriated for Federal-aid 
highways that are apportioned or allocated to all States for such 
fiscal year).

                    Federal Railroad Administration

              emergency railroad rehabilitation and repair

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

                             RELATED AGENCY

                  National Transportation Safety Board

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', for 
emergency expenses resulting from the crashes of TWA Flight 800, 
ValuJet Flight 592, and Comair Flight 3272, and for assistance to 
families of victims of aviation accidents as authorized by Public Law 
104-264, $29,859,000, of which $4,877,000 shall remain available until 
expended: Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That notwithstanding any other provision of law, not 
more than $10,330,000 shall be provided by the National Transportation 
Safety Board to the Department of the Navy as reimbursement for costs 
incurred in connection with recovery of wreckage from TWA Flight 800 
and shall be credited to the appropriation contained in the Omnibus 
Consolidated Appropriations Act, 1997, which is available for the same 
purpose as the appropriation originally charged for the expense for 
which the reimbursements are received, to be merged with, and to be 
available for the same purpose as the appropriation to which such 
reimbursements are credited: Provided further, That notwithstanding any 
other provision of law, of the amount provided to the National 
Transportation Safety Board, not more than $6,059,000 shall be made 
available to the State of New York and local counties in New York, as 
reimbursement for costs incurred in connection with the crash of TWA 
Flight 800: Provided further, That not notwithstanding any other 
provision of law, of the amount provided, not more than $3,100,000 
shall be made available to Metropolitan Dade County, Florida as 
reimbursement for costs incurred in connection with the crash of 
ValuJet Flight 592: Provided further, That notwithstanding any other 
provision of law, of the amount provided, not more than $300,000 shall 
be made available to Monroe County, Michigan as reimbursement for costs 
incurred in connection with the crash of Comair Flight 3272.

                     GENERAL PROVISIONS, CHAPTER 8

    Sec. 801. Title I of the Department of Transportation and Related 
Agencies Appropriations Act, 1997 (Public Law 104-205) is amended under 
the heading ``Federal Transit Administration--Discretionary Grants'' by 
striking ``$661,000,000'' and inserting ``$661,000''.
    Sec. 802. Section 325 of title III of the Department of 
Transportation and Related Agencies Appropriations Act, 1997 (Public 
Law 104-205) is amended by deleting all text following: ``Provided, 
That such funds shall not be subject to the obligation limitation for 
Federal-aid highways and highway safety construction.''.
    Sec. 803. 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. 804. Section 30308(a) of title 49, United States Code, is 
amended by striking ``and 1996'' and inserting ``, 1996, and 1997''.

                         RESCISSIONS, CHAPTER 8

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                       grants-in-aid for airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

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

             National Highway Traffic Safety Administration

                     highway traffic safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

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

                     Federal Transit Administration

                      trust fund share of expenses

                          (highway trust fund)

                 (rescission of contract authorization)

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

                          discretionary grants

                          (highway trust fund)

                 (rescission of contract authorization)

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

                               CHAPTER 9

            SUBCOMMITTEE ON TREASURY AND GENERAL GOVERNMENT

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

    For an additional amount under the heading ``Departmental Offices, 
Salaries and Expenses'', $1,950,000: Provided, That the Secretary of 
Treasury may utilize the law enforcement services, personnel, 
equipment, and facilities of the State of Colorado, the County of 
Denver, and the City of Denver, with their consent, and shall reimburse 
the State of Colorado, the County of Denver, and the City of Denver for 
the utilization of such law enforcement services, personnel (for 
salaries, overtime, and benefits), equipment, and facilities for 
security arrangements for the Denver Summit of Eight being held June 20 
through June 22, 1997, in Denver, Colorado subject to verification of 
appropriate costs.

                     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.

                      UNITED STATES POSTAL SERVICE

                   Payment to the Postal Service Fund

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

                     GENERAL PROVISIONS, CHAPTER 9

    Sec. 901. The Administrator of General Services is authorized to 
obligate the funds appropriated in Public Law 104-208 for construction 
of the Montgomery, Alabama courthouse.
    Sec. 902. (a) The Bureau of Engraving and Printing and the 
Department of the Treasury shall not award a contract for Solicitation 
No. BEP-97-13(TN) or Solicitation No. BEP-96-13(TN) until the General 
Accounting Office (GAO) has completed a comprehensive analysis of the 
optimum circumstances for government procurement of distinctive 
currency paper. The GAO shall report its findings to the House and 
Senate Committees on Appropriations no later than August 1, 1998.
    (b) The contractual term of the distinctive currency paper 
``bridge'' contract shall not exceed 24 months, and the contract shall 
not be effective until the Secretary of the Department of the Treasury 
certifies that the price under the terms of any ``bridge'' contract is 
fair and reasonable and that the terms of any ``bridge'' contract are 
customary and appropriate according to Federal procurement regulations. 
In addition, the Secretary of the Treasury shall report to the 
Committees on Appropriations on the price and profit levels of any 
``bridge'' contract at the time of certification.
    Sec. 903. (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. 904. None of the funds appropriated or made available in this 
Act or any other Act may be used by the General Services Administration 
to implement Section 1555 of the Federal Acquisition Streamlining Act 
of 1994 (Public Law 103-355) prior to the date of adjournment of the 
first session of the 105th Congress.

                         RESCISSION, CHAPTER 9

                           INDEPENDENT AGENCY

                    General Services Administration

                   expenses, presidential transition

                              (rescission)

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

                               CHAPTER 10

           SUBCOMMITTEE ON VA, HUD, AND INDEPENDENT AGENCIES

                     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.

                        Administrative Provision

    The Secretary of Veterans Affairs may carry out the construction of 
a multistory parking garage at the Department of Veterans Affairs 
medical center in Cleveland, Ohio, in the amount of $13,300,000, and 
there is authorized to be appropriated for fiscal year 1997 for the 
Parking Revolving Fund account, a total of $12,300,000 for this 
project.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               annual contributions for assisted housing

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

                 preserving existing housing investment

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

   capacity building for community development and affordable housing

                          (transfer of funds)

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

                   Community Planning and Development

                community development block grants fund

    For an additional amount for ``Community development block grants 
fund'' as authorized under title I of the Housing and Community 
Development Act of 1974, $500,000,000, of which $250,000,000 shall 
become available for obligation on October 1, 1997, all of which shall 
remain available until September 30, 2000, for use only for buyouts, 
relocation, long-term recovery, and mitigation in communities affected 
by the flooding in the upper Midwest and other disasters in fiscal year 
1997 and such natural disasters designated 30 days prior to the start 
of fiscal year 1997, except those activities reimbursable or for which 
funds are made available by the Federal Emergency Management Agency, 
the Small Business Administration, or the United States Army Corps of 
Engineers: Provided, That in administering these amounts, the Secretary 
may waive, or specify alternative requirements for, any provision of 
any statute or regulation that the Secretary administers in connection 
with the obligation by the Secretary or the use by the recipient of 
these funds, except for statutory requirements related to civil rights, 
fair housing and nondiscrimination, the environment, and labor 
standards, upon a finding that such waiver is required to facilitate 
the use of such funds, and would not be inconsistent with the overall 
purpose of the statute: Provided further, That the Secretary of Housing 
and Urban Development shall publish a notice in the Federal Register 
governing the use of community development block grants funds in 
conjunction with any program administered by the Director of the 
Federal Emergency Management Agency for buyouts for structures in 
disaster areas: Provided further, That for any funds under this head 
used for buyouts in conjunction with any program administered by the 
Director of the Federal Emergency Management Agency, each state or unit 
of general local government requesting funds from the Secretary of 
Housing and Urban Development for buyouts shall submit a plan to the 
Secretary which must be approved by the Secretary as consistent with 
the requirements of this program: Provided further, That the Secretary 
of Housing and Urban Development and the Director of the Federal 
Emergency Management Agency shall submit quarterly reports to the House 
and Senate Committees on Appropriations on all disbursements and uses 
of funds for or associated with buyouts: Provided further, That for 
purposes of disasters eligible under this head the Secretary of Housing 
and Urban Development may waive, on a case-by-case basis and upon such 
other terms as the Secretary may specify, in whole or in part, the 
requirements that activities benefit persons of low- and moderate-
income pursuant to section 122 of the Housing and Community Development 
Act of 1974, and may waive, in whole or in part, the requirements that 
housing qualify as affordable housing pursuant to section 290 of the 
HOME Investment Partnership Act: Provided further, That the entire 
amount shall be available only to the extent an official budget 
request, that includes designation of the entire amount of the request 
as an emergency requirement as defined by the Balanced Budget and 
Emergency Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                     Management and Administration

                         salaries and expenses

    Of the funds appropriated under this head in Public Law 104-204, 
the Secretary of Housing and Urban Development shall enter into a 
contract with the National Academy of Public Administration not to 
exceed $1,000,000 no later than one month after enactment of this Act 
for an evaluation of the Department of Housing and Urban Development's 
management systems.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                        buildings and facilities

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

                   state and tribal assistance grants

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

                  Federal Emergency Management Agency

                            disaster relief

    For an additional amount for ``Disaster relief'', $3,100,000,000, 
to remain available until expended: Provided, That $2,100,000,000 shall 
became available for obligation on September 30, 1997, but shall not 
become available until the Director of the Federal Emergency Management 
Agency submits to the Congress a legislative proposal to control 
disaster relief expenditures including the elimination of funding for 
certain revenue producing facilities: Provided further, That of the 
funds made available under this heading, up to $20,000,000 may be 
transferred to the Disaster Assistance Direct Loan Program for the cost 
of direct loans as authorized under section 417 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.): Provided further, That such transfer may be made to subsidize 
gross obligations for the principal amount of direct loans not to 
exceed $21,000,000 under section 417 of the Stafford Act: Provided 
further, That any such transfer of funds shall be made only upon 
certification by the Director of the Federal Emergency Management 
Agency that all requirements of section 417 of the Stafford Act will be 
complied with: Provided further, That the entire amount appropriated 
herein shall be available only to the extent that an official budget 
request for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to Congress: Provided further, 
That the entire amount appropriated herein is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                     GENERAL PROVISIONS, CHAPTER 10

    Sec. 1001. The Secretary shall submit semi-annually to the 
Committees on Appropriations a list of all contracts and task orders 
issued under such contracts in excess of $250,000 which were entered 
into during the prior six-month period by the Secretary, the Government 
National Mortgage Association, and the Office of Federal Housing 
Enterprise Oversight (or by any officer of the Department of Housing 
and Urban Development, the Government National Mortgage Association, or 
the Office of Federal Housing Enterprise Oversight acting in his or her 
capacity to represent the Secretary or these entities). Each listing 
shall identify the parties to the contract, the term and amount of the 
contract; and the subject matter and responsibilities of the parties to 
the contract.
    Sec. 1002. Section 8(c)(9) of the United States Housing Act of 1937 
is amended by striking out ``Not less than one year prior to 
terminating any contract'' and inserting in lieu thereof: ``Not less 
than 180 days prior to terminating any contract''.
    Sec. 1003. The first sentence of section 542(c)(4) of the Housing 
and Community Development Act of 1992 is amended by striking out ``on 
not more than 12,000 units during fiscal year 1996'' and inserting in 
lieu thereof: ``on not more than 12,000 units during fiscal year 1996 
and not more than an additional 7,500 units during fiscal year 1997''.
    Sec. 1004. Section 4(a) and (b)(3) of the HUD Demonstration Act of 
1993 is amended by inserting after ``National Community Development 
Initiative'': ``, Local Initiatives Support Corporation, The Enterprise 
Foundation, Habitat for Humanity, and Youthbuild USA''.
    Sec. 1005. Section 234(c) of the National Housing Act is amended by 
inserting after ``203(b)(2)'' the following: ``or pursuant to section 
203(h) under the conditions described in section 203(h)''.
    Sec. 1006. Section 211(b)(4)(B) of the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1997 (Public Law 104-204) is amended by inserting 
the following at the end thereof: ``The term `owner', as used in this 
subparagraph, in addition to it having the same meaning as in section 
8(f) of the United States Housing Act of 1937, also means an affiliate 
of the owner. The term `affiliate of the owner' means any person or 
entity (including, but not limited to, a general partner or managing 
member, or an officer of either) that controls an owner, is controlled 
by an owner, or is under common control with the owner. The term 
`control' means the direct or indirect power (under contract, equity 
ownership, the right to vote or determine a vote, or otherwise) to 
direct the financial, legal, beneficial, or other interests of the 
owner.''.

                        RESCISSIONS, CHAPTER 10

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               annual contributions for assisted housing

                         (including rescission)

    Of the amounts recaptured under this heading during fiscal year 
1997 and prior years, $3,750,000,000 are rescinded: Provided, That the 
Secretary of Housing and Urban Development shall recapture at least 
$5,800,000,000 in amounts heretofore maintained as section 8 reserves 
made available to housing agencies for tenant-based assistance under 
the section 8 existing housing certificate and housing voucher 
programs: Provided further, That all additional section 8 reserve funds 
of an amount not less than $2,050,000,000 and any recaptures (other 
than funds already designated for other uses) specified in section 214 
of Public Law 104-204 shall be preserved under the head ``Section 8 
Reserve Preservation Account'' for use in extending section 8 contracts 
expiring in fiscal year 1998 and thereafter: Provided further, That the 
Secretary may recapture less than $5,800,000,000 and reserve less than 
$2,050,000,000 where the Secretary determines that insufficient section 
8 funds are available for current fiscal year contract obligations: 
Provided further, That the Comptroller General of the United States 
shall conduct an audit of all accounts of the Department of Housing and 
Urban Development to determine whether the Department's systems for 
budgeting and accounting for section 8 rental assistance ensure that 
unexpended funds do not reach unreasonable levels and that obligations 
are spent in a timely manner.

                           INDEPENDENT AGENCY

             National Aeronautics and Space Administration

                    national aeronautics facilities

                              (rescission)

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

                  funds appropriated to the president

                          unanticipated needs

                              (rescission)

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

           TITLE III--DEPOSITORY INSTITUTION DISASTER RELIEF

SEC. 3001. SHORT TITLE.

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

SEC. 3002. 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 
outweighs 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. 3003. 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. 3004. 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. 3005. SENSE OF THE CONGRESS.

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

SEC. 3006. 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.

               TITLE IV--COST OF HIGHER EDUCATION REVIEW

SEC. 40001. SHORT TITLE; FINDINGS.

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

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

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

SEC. 40003. MEMBERSHIP OF COMMISSION.

    (a) Appointment.--The Commission shall be composed of 11 members as 
follows:
            (1) Three individuals shall be appointed by the Speaker of 
        the House.
            (2) Two individuals shall be appointed by the minority 
        leader of the House.
            (3) Three individuals shall be appointed by the majority 
        leader of the Senate.
            (4) Two individuals shall be appointed by the minority 
        leader of the Senate.
            (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. 40004. FUNCTIONS OF COMMISSION.

    (a) Specific Findings and Recommendations.--The Commission shall 
study and make findings and specific recommendations regarding the 
following:
            (1) The increase in tuition compared with other commodities 
        and services.
            (2) Innovative methods of reducing or stabilizing tuition.
            (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. 40005. POWERS OF COMMISSION.

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

SEC. 40006. FUNDING OF COMMISSION.

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

SEC. 40007. TERMINATION OF COMMISSION.

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

        TITLE V--TECHNICAL AMENDMENTS WITH RESPECT TO EDUCATION

SEC. 50001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES REQUIRED WITH 
              RESPECT TO GRADUATION RATES.

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

SEC. 50002. DATE EXTENSION.

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

SEC. 50003. TIMELY FILING OF NOTICE.

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

SEC. 50004. HOLD HARMLESS PAYMENTS.

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

SEC. 50005. DATA.

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

SEC. 50006. PAYMENTS RELATING TO FEDERAL PROPERTY.

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

SEC. 50007. TIMELY FILING UNDER SECTION 8003.

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

                 TITLE VI--GENERAL PROVISIONS--THIS ACT

    Sec. 60001. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.

                       buy-american requirements

    Sec. 60002. (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.
    This Act may be cited as the ``Supplemental Appropriations and 
Rescissions Act of 1997''.
                                 <all>