[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 672 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 43
105th CONGRESS
  1st Session
                                 S. 672

                          [Report No. 105-16]

Making supplemental appropriations and rescissions for the fiscal year 
           ending September 30, 1997, and for other purposes.


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 1997

    Mr. Stevens, from the Committee on Appropriations, reported the 
    following original bill, which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
Making supplemental appropriations and rescissions for the fiscal year 
           ending September 30, 1997, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, to provide supplemental appropriations and rescissions 
for the fiscal year ending September 30, 1997, and for other purposes, 
namely:

              TITLE I--DEPARTMENT OF DEFENSE SUPPLEMENTALS

                    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'', $1,312,900,000: Provided, That the Secretary of 
Defense may transfer these funds only to operation and maintenance 
accounts within this title: 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 POW Payments

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

                     REVOLVING AND MANAGEMENT FUNDS

               Reserve Mobilization Income Insurance Fund

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

                           GENERAL PROVISIONS

                          (transfer of funds)

    Sec. 101. Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$100,000,000 of working capital funds of the Department of Defense and 
funds made available in Public Law 104-208 to the Department of Defense 
only for obligations incurred for United States participation in the 
Bosnia Stabilization Force (SFOR) and for the continuation of enforcing 
the no-fly zones in northern and southern Iraq (except military 
construction) between such appropriations or funds or any subdivision 
thereof, to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to which 
transferred: Provided, That such authority to transfer may not be used 
unless for higher priority items, based on unforeseen military 
requirements, than those for which originally appropriated and in no 
case where the item for which funds are requested has been denied by 
Congress: Provided further, That the Secretary of Defense shall notify 
the Congress promptly of all transfers made pursuant to this authority 
or any other authority in this Act: Provided further, That this 
transfer authority is in addition to transfer authority provided in 
section 8005 of Public Law 104-208 (110 Stat. 3009-88).
    Sec. 102. None of the funds available to the Department of Defense 
shall be obligated or expended to transfer management, development, and 
acquisition authority over the elements of the National Missile Defense 
Program from the Military Services until the contract for a Lead System 
Integrator for the National Missile Defense Program is awarded: 
Provided, That the Joint Requirements Oversight Council, with the 
advisement of the Joint Chiefs of Staff, is directed to conduct an 
analysis and submit recommendations as to the recommended future roles 
of the Services with respect to the management, technical development, 
cost, schedule, and acquisition plan for the elements in the National 
Missile Defense Program and to certify that the Lead System Integrator 
contract will conform to these recommendations: Provided further, That 
the analysis and recommendations shall be submitted to the 
Congressional Defense Committees within 60 days of enactment of this 
Act.
    Sec. 103. In addition to the amounts provided in Public Law 104-
208, $50,000,000 is appropriated under the heading ``Overseas 
Humanitarian, Disaster and Civil Aid'': Provided, That, from the funds 
available under that heading, the Secretary of Defense shall make a 
grant in the amount of $50,000,000 to the American Red Cross for 
reimbursement for disaster relief and recovery expenditures.

                          (transfer of funds)

    Sec. 104. 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. 105. 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 Section 2854 of 
Title 10, United States Code.

SEC. 106. REPORT ON COST AND SOURCE OF FUNDS FOR MILITARY ACTIVITIES 
              RELATING TO BOSNIA.

    (a) Prohibition on Use of Funds Pending Report.--Notwithstanding 
any other provision of this Act or any other provision of law, no funds 
appropriated or otherwise made available to the Department of Defense 
may be obligated or expended for operations or activities of the Armed 
Forces relating to Bosnia 60 days after enactment unless the President 
submits 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. 107. 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.

           TITLE II--NATURAL DISASTERS AND OTHER EMERGENCIES

                               CHAPTER 1

  SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, 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 emergency insured 
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, to remain 
available until expended, $18,000,000: Provided, That the entire amount 
shall be available only to the extent that an official budget request 
for $18,000,000 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.

                     emergency conservation program

    For an additional amount for ``Emergency Conservation Program'' for 
expenses, including carcass removal, resulting from flooding and other 
natural disasters, $77,000,000, to remain available until expended: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for $77,000,000, 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 $9,500,000 is provided for assistance to small 
orchardists to replace or rehabilitate trees and vineyards damaged by 
natural disasters, of which $500,000 may be available through the 
Forestry Incentives Program for replanting of trees damaged by 
tornadoes in 1997: Provided, That the entire amount shall be available 
only to the extent that an official budget request of $9,500,000, 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 in a manner similar (as to loss thresholds, payment 
calculations and other parameters) 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 the eligibility 
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, $161,000,000, to remain 
available until expended: Provided, That the entire amount shall be 
available only to the extent an official budget request for 
$161,000,000, 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 cropland, the 
Secretary may use sufficient amounts, not to exceed $10,000,000, from 
funds provided under this heading to accept bids from willing sellers 
to provide floodplain easements for such cropland inundated by floods.

                         Rural Housing Service

              rural housing insurance fund program account

    For an additional amount for ``Rural Housing Insurance Fund Program 
Account'', $250,000, for the cost of section 515 direct loans, 
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, to remain available until 
September 30, 1998: 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.
    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 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.

                    rural housing assistance program

    For an additional amount for ``Rural Housing Assistance Program'', 
for emergency expenses resulting from flooding and other natural 
disasters, $4,000,000, to remain available until September 30, 1998, 
for very low-income housing repair grants and domestic farm labor 
grants: 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: 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, $6,500,000, 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 
$3,000,000, 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.

                               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 expenses from flooding and other natural 
disasters, $54,700,000, to remain available until expended, of which 
not more than $6,800,000 shall be used for planning and technical 
assistance grants, and not more than $2,900,000 shall be available for 
administrative expenses: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

            National Oceanic and Atmospheric Administration

                              construction

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

                               CHAPTER 3

              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 Emergency Act of 1985, as amended.

                  operations and maintenance, general

    For an additional amount for ``Operations and Maintenance, 
General'' for emergency expenses due to flooding and other natural 
disasters, $137,000,000, to remain available until expended: Provided, 
That of the total appropriated, the amount for eligible navigation 
projects which may be derived from the Harbor Maintenance Trust Fund 
pursuant to Public Law 99-662, shall be derived from that fund: 
Provided further, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget Emergency Act of 1985, as amended.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' due to flooding and other natural disasters, 
$390,000,000, 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 Emergency 
Act of 1985, as amended: Provided further, That with $5,000,000 of the 
funds appropriated herein, the Secretary of the Army is directed to 
initiate and complete preconstruction engineering and design and 
associated Environmental Impact Statement for an emergency outlet from 
Devils Lake, North Dakota to the Sheyenne River, at full Federal 
expense.

                       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.

                               CHAPTER 4

             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.

                       Fish and Wildlife Service

                          resource management

    For an additional amount for ``Resource Management'', $3,350,000, 
to remain available until September 30, 1998, for fish replacement and 
for technical assistance made necessary by floods and other natural 
disasters and to restore public lands damaged by fire: 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'', $91,000,000, 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'', $5,000,000, 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.

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

                               CHAPTER 5

          SUBCOMMITTEE ON TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                     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 disasters, as 
authorized by 23 U.S.C. 125, $650,000,000, to be derived from the 
Highway Trust Fund and to remain available until expended, of which 
$374,000,000 shall be available only to the extent an official budget 
request for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided, 
That the entire amount is designated by 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 relating 
to the December 1996 and 1997 flooding.

                    Federal Railroad Administration

              emergency railroad rehabilitation and repair

    For necessary expenses to repair and rebuild freight rail lines of 
regional and short line railroads damaged by the floods in the Northern 
Plains states in March and April 1997, $24,000,000, to be awarded 
subject to the discretion of the Secretary on a case-by-case basis: 
Provided, That funds provided under this head shall be available for 
rehabilitation of railroad rights-of-way, 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, passenger railroads, or by tourist, scenic, or 
historic railroads are not eligible for funding under this section: 
Provided further, That these funds shall be available only to the 
extent an official budget request, for a specific dollar amount, that 
includes designation of the entire amount as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That all funds made available under this head are to 
remain available until September 30, 1997.

                             RELATED AGENCY

                  National Transportation Safety Board

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
emergency expenses resulting from the crash of TWA Flight 800, and for 
assistance to families of victims of aviation accidents as authorized 
by Public Law 104-264, $14,100,000: 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 Emergency Deficit Control Act of 
1985, as amended.

                               CHAPTER 6

           SUBCOMMITTEE ON VA, HUD, AND INDEPENDENT AGENCIES

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   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, $100,000,000, to remain available until 
September 30, 2000 for emergency expenses resulting from 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, so long as the emergency expenses are for those community 
development activities related to recovery efforts and for immediate 
recovery needs not reimbursable by the Federal Emergency Management 
Agency: 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 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.

                           INDEPENDENT AGENCY

                  Federal Emergency Management Agency

                            disaster relief

    For an additional amount for ``Disaster Relief'', $3,500,000,000, 
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 such Act: Provided further, That of the funds made 
available under this heading, $2,500,000,000 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.

                               CHAPTER 7

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

    For expenses necessary to support research on environmental risk 
factors associated with breast cancer, $15,000,000, to remain available 
until expended: Provided, That the Secretary shall award such funds on 
a competitive basis: 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.

                     TITLE III--OTHER SUPPLEMENTALS

                               CHAPTER 1

  SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, 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 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, $12,600,000, to remain available until expended.

                       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.), $58,000,000, to remain available through September 30, 1998: 
Provided, That the Secretary shall allocate such funds through the 
existing formula or, notwithstanding sections 17 (g), (h), or (i) of 
such Act and the regulations promulgated thereunder, such other means 
as the Secretary deems necessary.

                               CHAPTER 2

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

                          DEPARTMENT OF STATE

              International Organizations and Conferences

              contributions to international organizations

    For an additional amount for ``Contributions to International 
Organizations'', $100,000,000, to remain available until expended, for 
payment of United States arrearages owed to the United Nations: 
Provided, That none of the funds appropriated or otherwise made 
available by this Act for payment of United States arrearages to the 
United Nations may be obligated or expended unless such obligation or 
expenditure is expressly authorized by the enactment of a subsequent 
act.

                               CHAPTER 3

                SUBCOMMITTEE ON THE DISTRICT OF COLUMBIA

                          DISTRICT OF COLUMBIA

              Federal Payment to the District of Columbia

    For an additional amount to the District of Columbia for the fiscal 
year ending September 30, 1997, $31,150,000, to remain available until 
September 30, 1998, and which shall be deposited into an escrow account 
of the District of Columbia Financial Responsibility and Management 
Assistance Authority, pursuant to section 205 of Public Law 104-8 (109 
Stat. 131), and shall be disbursed from such escrow account pursuant to 
the instructions of the Authority, and in accordance with a plan 
approved by the Authority: Provided, That $22,350,000 shall be used to 
carry out a program of school facility emergency repair of public 
schools located in the District of Columbia, and $8,800,000 shall be 
used for pay raises within the Metropolitan Police Department.

                          Division of Expenses

                       public safety and justice

    For an additional amount for public safety, $8,800,000, which shall 
be deposited into an escrow account of the District of Columbia 
Financial Responsibility and Management Assistance Authority, pursuant 
to section 205 of Public Law 104-8 (109 Stat. 131), and shall be 
disbursed from such escrow account pursuant to the instructions of the 
Authority, and in accordance with a plan approved by the Authority: 
Provided, That $8,800,000 shall be used for pay raises within the 
Metropolitan Police Department.

                             capital outlay

    For an additional amount for capital outlay for the fiscal year 
ending September 30, 1997, $22,350,000, which shall be deposited into 
an escrow account of the District of Columbia Financial Responsibility 
and Management Assistance Authority, pursuant to section 205 of Public 
Law 104-8 (109 Stat. 131), and shall be disbursed from such escrow 
account pursuant to the instructions of the Authority, and in 
accordance with a plan approved by the Authority: Provided, That this 
amount shall be used to carry out a program of school facility 
emergency repair of public schools located in the District of Columbia.

                           General Provision

    Funds provided under this chapter shall be deemed to be grants for 
the purposes of Section 141 of Public Law 104-194 (110 Stat. 2374), the 
District of Columbia Appropriations Act, 1997.

                               CHAPTER 4

             SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                              construction

    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.

                               CHAPTER 5

                 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.

                               CHAPTER 6

          SUBCOMMITTEE ON TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

                           operating expenses

    For an additional amount for ``Operating Expenses'', $6,473,000, 
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'', $4,200,000.

                    Federal Aviation Administration

                       grants-in-aid for airports

    For an additional amount for ``Grants-in-aid for Airports'', 
$15,520,000: Provided, That, the President may make available funds for 
making grants to reimburse State and local agencies for unanticipated 
disaster costs associated with recovery, investigation, security, 
forensic and medical examination of evidence, air support, and 
logistical support efforts directly related to the 1996 TWA Flight 800 
and ValuJet Flight 592 tragedies: Provided further, That not to exceed 
$12,420,000 shall be available under this provision for reimbursement 
to State and local agencies for the TWA Flight 800 tragedy: Provided 
further, That not to exceed $3,100,000 shall be available under this 
provision for reimbursement to State and local agencies for the ValuJet 
Flight 592 tragedy.

                     Federal Highway Administration

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

    The limitation under this heading in Public Law 104-50 and in 
Public Law 104-205 is increased by $933,193,000: Provided, That such 
additional authority shall remain available during fiscal year 1997: 
Provided further, That notwithstanding any other provision of law, such 
additional authority shall be distributed to ensure that States receive 
amounts that they would have received had the Highway Trust Fund fiscal 
year 1994 and fiscal year 1995 income statements not been understated 
prior to the revision on December 24, 1996: Provided further, That 
notwithstanding any other provision of law, such additional authority 
shall be distributed to ensure that no State shall receive an amount in 
fiscal year 1997 that is less than the amount they received in fiscal 
year 1996: Provided further, That notwithstanding any other provision 
of law, funds made available and obligated under this heading shall be 
fully disbursed prior to September 30, 1997: Provided further, That 
$3,600,000 of the additional allocation for Utah shall be utilized on 
planning, preliminary engineering and design for projects critical to 
the 2002 Winter Olympics: Provided further, That $450,000 of the 
additional allocation for the State of New Mexico shall be provided to 
continue the Santa Teresa border technologies project: Provided 
further, That the additional amounts made available to the State of 
Alabama shall be utilized for right-of-way acquisition and construction 
of the Warrior Loop project: Provided further, That $12,600,000 of the 
additional allocation for the State of Kentucky shall be utilized to 
complete the William H. Natcher Bridge in Maceo, Kentucky: Provided 
further, That the additional amounts made available to the State of 
California may be provided for a project to repair or reconstruct any 
portion of a federal aid primary route in San Mateo, California, which 
was destroyed as a result of a combination of storms and a mountain 
slide in the winter of 1982-1983: Provided further, That the additional 
amounts made available in this paragraph for the State of South 
Carolina shall be provided for the Highway 17 Cooper River Bridges 
replacement project, Charleston, South Carolina: Provided further, That 
$100,000 of the additional allocation for the State of Iowa shall be 
provided for planning and environmental work on the 86th Street Highway 
Project in Polk County.

                               CHAPTER 7

            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.

                          U.S. POSTAL SERVICE

                   Payment to the Postal Service Fund

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

                               CHAPTER 8

           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'', for 
unanticipated costs incurred for the current fiscal year, $753,000,000, 
to remain available until expended.

                        Administrative Provision

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               annual contributions for assisted housing

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

   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 
Habitat for Humanity and Youthbuild participate under this section: 
Provided further, That at least $10,000,000 of the funding under this 
head be used in rural areas, including tribal areas.

                     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 make a grant of 
$1,500,000 to the National Academy of Public Administration no later 
than June 15, 1997 for an evaluation of the Department of Housing and 
Urban Development: Provided, That the $1,500,000 shall be from salaries 
and expenses designated for non-career Senior Executive Service and 
other non-career personnel.

                               CHAPTER 9

 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

                      social services block grant

    For an additional amount under the heading ``Social Services Block 
Grant'', $125,000,000: Provided, That notwithstanding any other 
provision of law, these additional funds shall be used solely for the 
purposes authorized by Section 2008 of Title XX of the Social Security 
Act as amended by Title VI of this Act.

                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''.

                        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, $198,176,000, of 
which $153,253,000 shall be for Basic Grants and $44,923,000 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 would otherwise 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 
the allocations they would have received had the allocations under that 
Appropriations Act been calculated entirely on the basis of the 1990 
census data: 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 October 1, 1997 and shall remain available 
through September 30, 1998, for academic year 1997-98: 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.

                               CHAPTER 10

                           GENERAL PROVISIONS

    Sec. 301. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 302. Of the funds currently contained within the 
``Counterterrorism Fund'' of the Department of Justice, $3,000,000 is 
provided for allocation by the Attorney General to the appropriate unit 
or units of government in Ogden, Utah, for necessary expenses, 
including enhancements and upgrade of security and communications 
infrastructure, to counter any potential terrorism threat related to 
the 2002 Winter Olympic games to be held in Utah.
    Sec. 303. None of the funds made available in any appropriations 
Act for fiscal year 1997 may be used by the Department of Commerce to 
plan or otherwise prepare for the use of sampling in taking the 2000 
decennial census.
    Sec. 304. For the purposes of this section and the provisions of 
title 35, United States Code, all patents in force on June 8, 1995, 
including those in force by reason of section 156 of title 35, United 
States Code, are entitled to the full benefit of the Uruguay Round 
Agreements Act of 1994 as well as any extension granted before such 
date under section 156 of title 35, United States Code. This section 
and the amendments made by it shall be effective as of the effective 
date of the Uruguay Round Agreements Act, namely June 8, 1995, provided 
however, should a person have filed with the Secretary of Health and 
Human Services under title 21, United States Code, section 505(j) an 
abbreviated new drug application on file with FDA for any solid oral 
dosage formulation of a drug which is the subject of a patent that 
receives an extension hereunder but otherwise would not have received 
such an extension, the Secretary shall not require the applicant to 
resubmit a certification under section 505(j)(2)(A)(vii) for such oral 
formulation.
    Sec. 305. Section 5803 of Public Law 104-208 (110 Stat. 3009-522) 
is hereby repealed.
    Sec. 306. Beginning in fiscal year 1997 and thereafter, the United 
States members and the alternate members appointed under the 
Susquehanna River Basin Compact (Public Law 91-575), and the Delaware 
River Basin Compact (Public Law 87-328), shall be officers of the U.S. 
Army Corps of Engineers, who hold Presidential appointments as Regular 
Army officers with Senate confirmation, and who shall serve without 
additional compensation.
    Sec. 307. 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 ``at the pleasure of the President''.
    Sec. 308. 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%'' and inserting in lieu thereof ``100%''; by striking 
in each of those sections ``1995'' and inserting in lieu thereof 
``1994''; and by striking in each of those sections ``and thereafter 
annually adjusted upward by 4%,''.
    Sec. 309. 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. 310. No funds provided by this Act, an Act making 
Appropriations for the Department of Defense for Fiscal Year 1997 
(Public Law 104-208), any other Act making appropriations for any 
agency of the Federal Government for Fiscal Year 1997, or any other Act 
hereafter enacted may be used by any agency of the Federal Government 
to promulgate or implement any rule, regulation, policy, statement, or 
directive issued after October 1, 1993 regarding the recognition, 
validity, or management of any right of way established pursuant to 
Revised Statutes 2477 (43 U.S.C. 932).

SEC. 311. COMPLIANCE WITH THE ENDANGERED SPECIES ACT OF 1973 IN 
              CONNECTION WITH FLOOD CONTROL PROJECTS.

    (a) Consultation and Conferencing.--Section 7(a) of the Endangered 
Species Act of 1973 (16 U.S.C. 1536(a)) is amended by adding at the end 
the following:
            ``(5) Flood control projects.--Consultation or conferencing 
        under paragraph (2) or (4) is not required for an agency action 
        that consists of operating, maintaining, repairing, or 
        reconstructing a Federal or non-Federal flood control project, 
        facility, or structure--
                    ``(A) to address a critical, imminent threat to 
                public health or safety that arose during 1996 or 1997;
                    ``(B) to address a catastrophic natural event that 
                occurred during 1996 or 1997; or
                    ``(C) to comply with a Federal, State, or local 
                public health or safety requirement that was in effect 
                during 1996 or 1997.''.
    (b) Takings.--Section 9(a) of the Endangered Species Act of 1973 
(16 U.S.C. 1538(a)) is amended by adding at the end the following:
            ``(3) Flood control projects.--For purposes of this 
        subsection, an activity of a Federal or non-Federal person is 
        not a taking of a species if the activity consists of 
        operating, maintaining, repairing, or reconstructing a Federal 
        or non-Federal flood control project, facility, or structure--
                    ``(A) to address a critical, imminent threat to 
                public health or safety that arose during 1996 or 1997;
                    ``(B) to address a catastrophic natural event that 
                occurred during 1996 or 1997; or
                    ``(C) to comply with a Federal, State, or local 
                public health or safety requirement that was in effect 
                during 1996 or 1997.''.
    Sec. 312. 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 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. 313. 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 said 
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, 
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 year 1997-1998.
    Sec. 314. None of the funds provided in this Act or in any other 
Act making appropriations for fiscal year 1997 may be used to 
administer or implement in Denver, Colorado, the Medicare Competitive 
Pricing/Open Enrollment Demonstration, as titled in the April 1, 1997, 
Final Request for Proposals (RFP).
    Sec. 315. 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. 316. (a) Notwithstanding any other provision of law or 
regulation, with the approval of the Committee on Rules and 
Administration of the Senate, the Sergeant at Arms and Doorkeeper of 
the Senate is authorized to provide additional facilities, services, 
equipment, and office space for use by a Senator in that Senator's 
State in connection with a disaster or emergency declared by the 
President under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act. Expenses incurred by the Sergeant at Arms and 
Doorkeeper of the Senate under this section shall be paid from the 
appropriation account, within the contingent fund of the Senate, for 
expenses of the Office of the Sergeant at Arms and Doorkeeper of the 
Senate, upon vouchers signed by the Sergeant at Arms and Doorkeeper of 
the Senate with the approval of the Committee on Rules and 
Administration of the Senate.
    (b) This section is effective on and after the date of enactment of 
this Act.
    Sec. 317. 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. 318. 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. 319. 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. 320. Section 45301(a)(1) of title 49, United States Code, is 
amended by striking ``that neither take off from, nor land in, the 
United States.'' and inserting in lieu thereof: ``or general aviation 
aircraft that neither take off from, nor land in, the United States 
except that such fees shall not be imposed on overflights operated by 
citizens of a country contiguous to the United States if (A) both the 
origin and destination of such flights are within that other contiguous 
country and (B) that same country exempts similar categories of flights 
operated by citizens of the United States.''.
    Sec. 321. 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. 322. Restriction on Funds Used to Enforce Electronic Funds Tax 
Transfer System.--None of the funds made available by this Act or any 
other Act may be used to impose or collect any penalty under the 
Internal Revenue Code of 1986 which is imposed solely by reason of a 
failure to use the electronic fund transfer system established under 
section 6302(h) of such Code if such failure--
            (1) is by a person which is first required to use such 
        system by reason of clause (i)(IV) or (ii)(IV) of section 
        6302(h)(2)(C) of such Code, and
            (2) occurs during the period beginning on July 1, 1997, and 
        ending on December 31, 1997.
    Sec. 323. Section 1555 of the Federal Acquisition Streamlining Act 
of 1994, Public Law 103-355, is repealed effective the date of the 
enactment of this Act.
    Sec. 324. Public Notice of Contracting by HUD.--The Secretary shall 
publish quarterly in the Federal Register a list of all contracts and 
task orders issued under such contracts in excess of $250,000 which 
were entered into during the quarter 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. 325. Section 8 Notice Provision.--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 the following: ``Not less than 120 days prior to terminating 
any contract''.

                TITLE IV--DEPARTMENT OF DEFENSE OFFSETS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $46,000,000 are rescinded.

                        Military Personnel, Navy

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $11,000,000 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, $15,000,000 are rescinded.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
208, $174,000,000 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, $17,000,000 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.

                  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-
208, $8,000,000 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, $71,000,000 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-
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, $14,000,000 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, $28,000,000 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

                             (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $812,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
61, $4,000,000 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 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

                             (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $1,207,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
61, $4,000,000 are rescinded.

                    Aircraft Procurement, Air Force

                             (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $33,650,000 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, $7,195,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $186,000,000 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, $7,000,000 are rescinded.

                       Procurement, Defense-Wide

                             (rescissions)

    Of the funds made available under this heading in Public Law 103-
335, $4,860,000 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

                              (rescission)

    Of the funds made available under this heading in Public Law 103-
335, $5,029,000 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, $10,000,000 are rescinded.

            Research, Development, Test and Evaluation, Navy

                             (rescissions)

    Of the funds made available under this heading in Public Law 104-
61, $14,978,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $21,000,000 are rescinded.

         Research, Development, Test and Evaluation, Air Force

                             (rescissions)

    Of the funds made available under this heading in Public Law 104-
61, $28,396,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $122,000,000 are rescinded.

        Research, Development, Test and Evaluation, Defense-Wide

                             (rescissions)

    Of the funds made available under this heading in Public Law 104-
61, $41,090,000 are rescinded.
    Of the funds made available under this heading in Public Law 104-
208, $135,000,000 are rescinded.

               Developmental Test and Evaluation, Defense

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
61, $890,000 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, $35,000,000 are rescinded.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

           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

                             (rescissions)

    Sec. 401. Of the funds appropriated in the Military Construction 
Appropriations Act, 1996 (Public Law 104-32), amounts are hereby 
rescinded from the following accounts in the specified amounts:
            ``Military Construction, Air Force Reserve'', $5,000,000;
            ``Military Construction, Defense-wide'', $41,000,000;
            ``Base Realignment and Closure Account, Part II'', 
        $35,391,000;
            ``Base Realignment and Closure Account, Part III'', 
        $75,638,000;
            ``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;
            ``Military Construction, Defense-wide'', $49,000,000.
    Sec. 402. Notwithstanding 31 U.S.C. 1502(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. 403. 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. 404. Funds obligated by the National Aeronautics and Space 
Administration (NASA) in the amount of $76,900,000 during fiscal years 
1994 and 1995, and 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 Attachment 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 years 1994, 1995 and 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.

                              (rescission)

    Sec. 405. Of the funds appropriated for ``Military Construction, 
Navy'' under Public Law 103-307, $6,480,000 is hereby rescinded.

                         TITLE V--OTHER OFFSETS

                               CHAPTER 1

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

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

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

                               CHAPTER 2

             SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

                          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 3

          SUBCOMMITTEE ON TRANSPORTATION AND RELATED AGENCIES

                      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 section 14 of Public 
Law 91-258 as amended, $778,000,000 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, 
$10,600,000 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 4

            SUBCOMMITTEE ON TREASURY AND GENERAL GOVERNMENT

                           INDEPENDENT AGENCY

                    General Services Administration

                   expenses, presidential transition

                              (rescission)

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

                               CHAPTER 5

           SUBCOMMITTEE ON VA, HUD, AND INDEPENDENT AGENCIES

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               annual contributions for assisted housing

                         (including rescission)

    Of the amounts recaptured under this heading during fiscal year 
1997 and prior years, $3,650,000,000 are rescinded: Provided, That the 
Secretary of Housing and Urban Development shall recapture at least 
$5,800,000,000 in amounts heretofore maintained as section 8 reserves 
made available to housing agencies for tenant-based assistance under 
the section 8 existing housing certificate and housing voucher 
programs: Provided further, That all additional section 8 reserve funds 
of an amount not less than $2,150,000,000 and any recaptures (other 
than funds already designated for other uses) specified in section 214 
of Public Law 104-204 shall be preserved under the head ``Section 8 
Reserve Preservation Account'' for use in extending section 8 contracts 
expiring in fiscal year 1998 and thereafter: Provided further, That the 
Comptroller General of the United States shall conduct an audit of all 
accounts of the Department of Housing and Urban Development to 
determine the amount of any and all program funds administered by the 
Department and report on this audit no later than May 1, 1998.

                     Federal Housing Administration

             fha--general and special risk program account

                              (rescission)

    Of the amounts of negative credit subsidy from the sale of mortgage 
notes provided for under the fourth proviso under this head in Public 
Law 104-134, $85,000,000 is rescinded.

                          INDEPENDENT AGENCIES

                  Federal Emergency Management Agency

                         salaries and expenses

                              (rescission)

    Of the funds made available under this heading in Public Law 102-
368, $5,000,000 are rescinded.

             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.

                               CHAPTER 6

  SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, AND RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

         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 employees of the Department of Agriculture 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 
$50,000,000.

                               CHAPTER 7

              SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                       Corps of Engineers--Civil

                         construction, general

    Of the amounts provided under this heading, including amounts 
provided to specific projects, in Public Law 104-206, and any other 
available balances under this heading, $30,000,000 are permanently 
canceled.

            TITLE VI--SOCIAL SERVICES BLOCK GRANT AMENDMENT

SEC. 601. GRANT PROGRAM FOR NONCITIZENS.

    Title XX of the Social Security Act (42 U.S.C. 1397 et seq.) is 
amended by adding at the end the following:

``SEC. 2008. GRANT PROGRAM FOR NONCITIZENS.

    ``(a) State Payments.--
            ``(1) In general.--In addition to any other payment under 
        this title, subject to amounts provided in appropriations acts 
        for this purpose, for a fiscal year and paragraphs (2), (3), 
        and (4), each State shall, for the purpose of providing 
        assistance to an eligible individual, as defined in subsection 
        (e)(1), be eligible for a grant under this section for that 
        fiscal year in an amount that bears the same ratio to the 
        amount appropriated as the number of individuals described in 
        subsection (e)(1) bears to the total number of such individuals 
        in all the States as of June 1, 1997, as determined by the 
        Secretary.
            ``(2) Minimum payment.--No State shall receive a grant 
        under this section for a fiscal year in an amount that is less 
        than 0.2 percent of the total amount appropriated for this 
        purpose for that fiscal year.
            ``(3) Required payment for certain states.--
                    ``(A) In general.--Notwithstanding paragraphs (1) 
                and (2), in the case of any State that has a recipiency 
                rate that is equal to or greater than 0.15 percent, 
                such State shall receive a grant under this section for 
                a fiscal year in an amount equal to 0.6 percent of the 
                amount appropriated under subsection (g) for that 
                fiscal year.
                    ``(B) Recipiency rate defined.--For purposes of 
                subparagraph (A), the term `recipiency rate' means, 
                with respect to a State, the ratio of the number of 
                noncitizens who received benefits under the 
                supplemental security income program under title XVI in 
                the State in December 1996, as estimated by the 
                Commissioner of Social Security, to the total 
                population of the State as of July 1, 1996, as 
                estimated by the Bureau of the Census.
            ``(4) Pro rata reductions.--The Secretary shall make pro 
        rata reductions in the amounts otherwise payable to States 
        under this section as necessary to comply with the payment 
        requirements under paragraphs (2) and (3).
            ``(5) Redistribution.--
                    ``(A) In general.--With respect to any fiscal year, 
                if the Secretary determines (in accordance with 
                subparagraph (B)) that amounts under any grant awarded 
                to a State under this section for such fiscal year will 
                not be used by such State during such fiscal year, the 
                Secretary shall make such amounts available in the 
                subsequent fiscal year to 1 or more States which apply 
                for such funds to the extent the Secretary determines 
                that such States will be able to use such additional 
                amounts for the purpose of providing assistance to an 
                eligible individual, as defined in subsection (e)(1). 
                Such available amounts shall be redistributed among 
                such States in the same manner as funds are distributed 
                under paragraph (1).
                    ``(B) Time of determination and distribution.--The 
                determination of the Secretary under subparagraph (A) 
                for a fiscal year shall be made not later than the end 
                of the first quarter of the subsequent fiscal year. The 
                redistribution of amounts under subparagraph (A) shall 
                be made as close as practicable to the date on which 
                such determination is made. Any amount made available 
                to a State from an appropriation for a fiscal year in 
                accordance with this paragraph shall be regarded as 
                part of such State's payment for the fiscal year in 
                which the redistribution is made.
    ``(b) Timing of Payments.--No funds may be paid under this section 
before August 1, 1997.
    ``(c) Determination of Eligibility and Assistance.--A State 
receiving funds under a grant made under this section shall establish 
any additional eligibility criteria required for an eligible individual 
to receive assistance under this section, the amount of such 
assistance, and the form and manner in which such assistance shall be 
provided.
    ``(d) Use of Funds.--
            ``(1) Application of title xx.--
                    ``(A) No application.--Except as provided in 
                subparagraph (B), the other provisions of this title 
                shall not apply to this section.
                    ``(B) Limitations on use of grants.--The provisions 
                of section 2005 (other than paragraphs (2) and (8) of 
                subsection (a)), and the provisions of section 2006 
                (other than the requirement under subsection (a) that 
                reports submitted under such subsection may be used to 
                determine if funds were spent in a manner consistent 
                with the reports required under section 2004) shall 
                apply to a grant made under this section.
            ``(2) No services available under medicaid.--No funds paid 
        under a grant made under this section may be used to provide 
        items or services to an individual that the individual would be 
        eligible to receive under the State plan for medical assistance 
        under title XIX.
    ``(e) Eligible Individual.--
            ``(1) In general.--In this section, the term `eligible 
        individual' means an individual who received benefits under the 
        Federal program described in paragraph (2) and whose 
        eligibility for such benefits has been terminated as a result 
        of the provisions of section 402 of the Personal Responsibility 
        and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
        1612).
            ``(2) Federal program described.--The Federal program 
        described in this paragraph is the supplemental security income 
        program under title XVI, including supplementary payments 
        pursuant to an agreement for Federal administration under 
        section 1616(a) and payments pursuant to an agreement entered 
        into under section 212(b) of Public Law 93-66.
    ``(f) No Individual Entitlement.--Nothing in this section shall be 
construed as providing an entitlement for an individual or person to 
any assistance or service funded with a grant made under this section.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to make grants under this section $125,000,000 for fiscal 
year 1997.
    ``(h) Definition of State.--In this section, the term `State' means 
each of the 50 States and the District of Columbia.''.

             TITLE VII--GOVERNMENT SHUTDOWN PREVENTION ACT

SEC. 701. SHORT TITLE.

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

SEC. 702. CONTINUING FUNDING.

    (a) In General.--If any regular appropriation bill for fiscal year 
1998 does not become law prior to the beginning of fiscal year 1998 or 
a joint resolution making continuing appropriations is not in effect, 
there is appropriated, out of any moneys in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, such sums as may be necessary to continue any 
program, project, or activity for which funds were provided in fiscal 
year 1997.
    (b) Level of Funding.--Appropriations and funds made available, and 
authority granted, for a program, project, or activity for fiscal year 
1998 pursuant to this title shall be at 98 per cent of the rate of 
operations that was provided for the program, project, or activity in 
fiscal year 1997 in the corresponding regular appropriation Act for 
fiscal year 1997.
    (c) Period of Availability.--Appropriations and funds made 
available, and authority granted, for fiscal year 1998 pursuant to this 
title for a program, project, or activity shall be available for the 
period beginning with the first day of a lapse in appropriations and 
ending with the earlier of--
            (1) the date on which the applicable regular appropriation 
        bill for fiscal year 1998 becomes law (whether or not that law 
        provides for that program, project, or activity) or a 
        continuing resolution making appropriations becomes law, as the 
        case may be; or
            (2) the last day of fiscal year 1998.

SEC. 703. TERMS AND CONDITIONS.

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

SEC. 704. COVERAGE.

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

SEC. 705. EXPENDITURES.

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

SEC. 706. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY.

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

SEC. 707. PROTECTION OF OTHER OBLIGATIONS.

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

SEC. 708. DEFINITION.

    In this title, the term ``regular appropriation bill'' means any 
annual appropriation bill making appropriations, otherwise making funds 
available, or granting authority, for any of the following categories 
of programs, projects, and activities:
            (1) Agriculture, rural development, and related agencies 
        programs.
            (2) The Departments of Commerce, Justice, and State, the 
        judiciary, and related agencies.
            (3) The Department of Defense.
            (4) The government of the District of Columbia and other 
        activities chargeable in whole or in part against the revenues 
        of the District.
            (5) The Departments of Labor, Health and Human Services, 
        and Education, and related agencies.
            (6) The Departments of Veterans and Housing and Urban 
        Development, and sundry independent agencies, boards, 
        commissions, corporations, and offices.
            (7) Energy and water development.
            (8) Foreign assistance and related programs.
            (9) The Department of the Interior and related agencies.
            (10) Military construction.
            (11) The Department of Transportation and related agencies.
            (12) The Treasury Department, the U.S. Postal Service, the 
        Executive Office of the President, and certain independent 
        agencies.
            (13) The legislative branch.
    This Act may be cited as the ``Supplemental Appropriations and 
Rescissions Act of 1997''.


                                                        Calendar No. 43

105th CONGRESS

  1st Session

                                 S. 672

                          [Report No. 105-16]

_______________________________________________________________________

                                 A BILL

Making supplemental appropriations and rescissions for the fiscal year 
           ending September 30, 1997, and for other purposes.

_______________________________________________________________________

                             April 30, 1997

                 Read twice and placed on the calendar