[House Document 105-96]
[From the U.S. Government Publishing Office]
105th Congress, 1st Session - - - - - - - - - - - House Document 105-96
VETO OF H.R. 1469
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
HIS VETO OF H.R. 1469, A BILL MAKING EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR RECOVERY FROM NATURAL DISASTERS, AND FOR OVERSEAS
PEACEKEEPING EFFORTS, INCLUDING THOSE IN BOSNIA, FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1997, AND FOR OTHER PURPOSES
June 10, 1997.--Message and accompanying papers referred to the
Committee on Appropriations and ordered to be printed
To the House of Representatives:
I am returning herewith without my approval H.R. 1469, the
``Supplemental Appropriations and Rescissions Act, FY 1997.''
The congressional majority--despite the obvious and urgent need
to speed critical relief to people in the Dakotas, Minnesota,
California, and 29 other States ravaged by flooding and other
natural disasters--has chosen to weigh down this legislation
with a series of unacceptable provisions that it knows will
draw my veto. The time has come to stop playing politics with
the lives of Americans in need and to send me a clean,
unencumbered disaster relief bill that I can and will sign the
moment it reaches my desk.
On March 19, 1997, I sent the Congress a request for
emergency disaster assistance and urged the Congress to approve
it promptly. Both the House and Senate Appropriations
Committees acted expeditiously to approve the legislation. The
core of this bill, appropriately, provides $5.8 billion of
much-needed help to people in hard-hit States and, in addition,
contains $1.8 billion for the Department of Defense related to
our peacekeeping efforts in Bosnia and Southwest Asia.
Regrettably, the Republican leadership chose to include
contentious issues totally unrelated to disaster assistance,
needlessly delaying essential relief.
The bill contains a provision that would create an
automatic continuing resolution for all of fiscal year 1998.
While the goal of ensuring that the Government does not shut
down again is a worthy one, this provision is ill-advised. The
issue here is not about shutting down the Government. Last
month, I reached agreement with the Bipartisan Leadership of
Congress on a plan to balance the budget by 2002. That
agreement is the right way to finish the job of putting our
fiscal house in order, consistent with our values and
principles. Putting the Government's finances on automatic
pilot is not.
The backbone of the Bipartisan Budget Agreement is the plan
to balance the budget while providing funds for critical
investments in education, the environment, and other
priorities. The automatic continuing resolution would provide
resources for fiscal year 1998 that are $18 billion below the
level contained in the Bipartisan Budget Agreement, threatening
such investments in our future. For example: college aid would
be reduced by $1.7 billion, eliminating nearly 375,000 students
from the Pell Grant program; the number of women, infants, and
children receiving food and other services through WIC would be
cut by an average of 500,000 per month; up to 56,000 fewer
children would participate in Head Start; the number of border
patrol and FBI agents would be reduced, as would the number of
air traffic controllers; and our goal of cleaning up 900
Superfund sites by the year 2000 could not be accomplished.
The bill also contains a provision that would permanently
prohibit the Department of Commerce from using statistical
sampling techniques in the 2000 decennial census for the
purpose of apportioning Representatives in Congress among the
States. Without sampling, the cost of the decennial census will
increase as its accuracy, especially with regard to minorities
and groups that are traditionally undercounted, decreases
substantially. The National Academy of Sciences and other
experts have recommended the use of statistical sampling for
the 2000 decennial census.
The Department of Justice, under the Carter and Bush
Administrations and during my Administration, has issued three
opinions regarding the constitutionality and legality of
sampling in the decennial census. All three opinions concluded
that the Constitution and relevant statutes permit the use
ofsampling in the decennial census. Federal courts that have addressed
the issue have held that the Constitution and Federal statutes allow
sampling.
The enrolled bill contains an objectionable provision that
would promote the conversion of certain claimed rights-of-way
into paved highways across sensitive national parks, public
lands, and military installations. Under the provision, a 13-
member commission would study the issue and provide
recommendations to resolve outstanding Revised Statute (R.S.)
2477 claims. R.S. 2477 was enacted in 1866 to grant rights-of-
way for the construction of highways over public lands not
already reserved for public uses. It was repealed in 1976,
subject to ``valid, existing rights.''
This provision in the enrolled bill is objectionable
because it is cumbersome, flawed, and duplicates the extensive
public hearings conducted by the Department of the Interior
over the last 4 years. In addition, the proposed commission
excludes the Secretary of Defense, but military installations
are among the Federal properties that would be affected by the
recommendations of the commission. Furthermore, there is no
assurance that the proposed commission would provide a balanced
representation of views or proper public participation. Under
the provision, the Secretary of the Interior can disapprove the
commission's recommendations, preventing their submission to
the Congress under ``fast-track'' procedures in the House and
Senate. I believe--and my Administration has stated--that a
better approach would be for Interior to submit a legislative
proposal to the Congress within 180 days to clarify R.S. 2477
claim issues permanently, with full congressional and public
consideration.
The enrolled bill contains an objectionable provision that
funds the Commission for the Advancement of Federal Law
Enforcement. I agree with the Fraternal Order of Police and
other national law enforcement organizations that certain
activities of the Commission, such as evaluating the handling
of specific investigative cases, could interfere with Federal
law enforcement policy and operations. This type of oversight
is most properly the role of Congress, not an unelected review
board. If external views about law enforcement programs are
needed, a better approach would be to fund the National
Commission to Support Law Enforcement.
I also object to two other items in the bill. One reduces
funding for the Ounce of Prevention Council by roughly one-
third. This reduction would substantially diminish the work of
the Council in coordinating crime prevention efforts at the
Federal level and assisting community efforts to make their
neighborhoods safer. The Council is in the process of awarding
$1.8 million for grants to prevent youth substance abuse and of
evaluating its existing grant programs. The Council has
received over 300 applications from communities and community-
based organizations from all across the country for these
grants. In addition, the bill reduces funding for the
Department of Defense Dual-Use Applications Program. That
program helps to develop technologies used and tested by the
cost-conscious commercial sector and to incorporate them into
military systems. Reducing funding for this program would
result in higher costs for future defense systems. The projects
selected in this year's competition will save the Department of
Defense an estimated $3 billion.
Finally, by including extraneous issues in this bill, the
Republican leadership has also delayed necessary funding for
maintaining military readiness. The Secretary of Defense has
written the Congress detailing the potential disruption of
military training.
I urge the Congress to remove these extraneous provisions
and to send me a straightforward disaster relief bill that I
can sign promptly, so that we can help hard-hit American
families and businesses as they struggle to rebuild. Americans
in need should not have to endure further delay.
William J. Clinton.
The White House, June 9, 1997.
H.R.1469
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
Making emergency supplemental appropriations for recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, and for other
purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$306,800,000: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$300,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$29,100,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(Including Transfer Of Funds)
For an additional amount for ``Overseas Contingency Operations
Transfer Fund'', $1,430,100,000: Provided, That the Secretary of
Defense may transfer these funds only to Department of Defense
operation and maintenance accounts: Provided further, That the funds
transferred shall be merged with and shall be available for the same
purposes and for the same time period, as the appropriation to which
transferred: Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority available
to the Department of Defense: Provided further, That such amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law 104-
201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization Income
Insurance Fund'', $72,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(TRANSFER OF FUNDS)
Sec. 101. The Secretary of the Navy shall transfer up to
$23,000,000 to ``Operation and Maintenance, Marine Corps'' from the
following accounts in the specified amounts, to be available only for
reimbursing costs incurred for repairing damage caused by hurricanes,
flooding, and other natural disasters during 1996 and 1997 to real
property and facilities at Marine Corps facilities (including Camp
Lejeune, North Carolina; Cherry Point, North Carolina; and the Mountain
Warfare Training Center, Bridgeport, California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'', $11,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'', $4,000,000.
Sec. 102. In addition to the amounts appropriated in title VI of
the Department of Defense Appropriations Act, 1997 (as contained in
section 101(b) of Public Law 104-208), under the heading ``Defense
Health Program'', $21,000,000 is hereby appropriated and made available
only for the provision of direct patient care at military treatment
facilities.
Sec. 103. In addition to the amounts appropriated in title II of
the Department of Defense Appropriations Act, 1997 (as contained in
section 101(b) of Public Law 104-208), under the heading ``Operation
and Maintenance, Defense-Wide'', $10,000,000 is hereby appropriated and
made available only for force protection and counter-terrorism
initiatives.
Sec. 104. In addition to the amounts provided in Public Law 104-
208, $25,800,000 is appropriated under the heading ``Overseas
Humanitarian, Disaster and Civic Aid'': Provided, That from the funds
available under that heading, the Secretary of Defense shall make a
grant in the amount of $25,800,000 to the American Red Cross for Armed
Forces emergency services.
Sec. 105. Report on Cost and Source of Funds for Military
Activities Relating to Bosnia.--(a) Not later than 60 days after
enactment of this Act, the President shall submit to Congress the
report described in subsection (b).
(b) Report Elements.--The report referred to in subsection (a)
shall include the following:
(1) A detailed description of the estimated cumulative cost of
all United States activities relating to Bosnia after December 1,
1995, including--
(A) the cost of all deployments, training activities, and
mobilization and other preparatory activities of the Armed
Forces; and
(B) the cost of all other activities relating to United
States policy toward Bosnia, including humanitarian assistance,
reconstruction assistance, aid and other financial assistance,
the rescheduling or forgiveness of bilateral or multilateral
aid, in-kind contributions, and any other activities of the
United States Government.
(2) A detailed accounting of the source of funds obligated or
expended to meet the costs described in paragraph (1), including--
(A) in the case of expenditures of funds of Department of
Defense, a breakdown of such expenditures by military service
or defense agency, line item, and program; and
(B) in the case of expenditures of funds of other
departments and agencies of the United States, a breakdown of
such expenditures by department or agency and by program.
Sec. 106. For an additional amount for ``Family Housing, Navy and
Marine Corps'' to cover the incremental Operation and Maintenance costs
arising from hurricane damage to family housing units at Marine Corps
Base Camp Lejeune, North Carolina and Marine Corps Air Station Cherry
Point, North Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $57,000,000 are rescinded.
Military Personnel, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $18,000,000 are rescinded.
Military Personnel, Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.
Military Personnel, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $196,000,000 are rescinded.
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $51,000,000 are rescinded.
Operation and Maintenance, Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $3,000,000 are rescinded.
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $117,000,000 are rescinded.
Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $25,000,000 are rescinded.
Environmental Restoration, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Defense-Wide
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Environmental Restoration, Formerly Used Defense Sites
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $250,000 are rescinded.
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $2,000,000 are rescinded.
PROCUREMENT
Aircraft Procurement, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $5,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $13,000,000 are rescinded.
Missile Procurement, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $24,000,000 are rescinded.
Procurement of Weapons and Tracked Combat Vehicles, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $15,400,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $18,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $11,000,000 are rescinded.
Other Procurement, Army
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $21,000,000 are rescinded.
Aircraft Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $34,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $52,000,000 are rescinded.
Weapons Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $6,000,000 are rescinded.
Procurement of Ammunition, Navy and Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $812,000 are rescinded.
Shipbuilding and Conversion, Navy
(rescissions)
Of the funds made available under this heading in Public Law 102-
396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public Law 103-
139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $33,000,000 are rescinded.
Other Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $3,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $8,000,000 are rescinded.
Procurement, Marine Corps
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $1,207,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $40,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $41,000,000 are rescinded.
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $163,000,000 are rescinded.
Procurement of Ammunition, Air Force
(rescission)
Of the funds made available under this heading in Public Law 104-
61, $7,700,000 are rescinded.
Other Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $10,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $20,000,000 are rescinded.
Procurement, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $16,113,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $5,000,000 are rescinded.
National Guard and Reserve Equipment
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public Law 104-
61, $4,366,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $18,000,000 are rescinded.
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public Law 104-
61, $16,878,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $9,600,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 104-
61, $24,245,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $172,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public Law 104-
61, $95,714,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $87,000,000 are rescinded.
Developmental Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public Law 104-
61, $6,692,000 are rescinded.
Operational Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public Law 104-
61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $25,200,000 are rescinded.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $21,000,000 are rescinded.
Chemical Agents and Munitions Destruction, Defense
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $456,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $20,652,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
208, $27,000,000 are rescinded.
Drug Interdiction and Counter-Drug Activities, Defense
(rescission)
Of the funds made available under this heading in Public Law 104-
208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(RESCISSIONS)
Sec. 201. Of the funds appropriated in the Military Construction
Appropriations Act, 1996 (Public Law 104-32), amounts are hereby
rescinded from the following accounts in the specified amounts:
``Military Construction, Air National Guard'', $5,000,000;
``Military Construction, Defense-wide'', $41,000,000;
``Base Realignment and Closure Account, Part II'', $35,391,000;
``Base Realignment and Closure Account, Part III'',
$75,638,000; and
``Base Realignment and Closure Account, Part IV'', $22,971,000:
Provided, That of the funds appropriated in the Military Construction
Appropriations Act, 1997 (Public Law 104-196), amounts are hereby
rescinded from the following accounts in the specified amounts:
``Military Construction, Army'', $1,000,000;
``Military Construction, Navy'', $2,000,000;
``Military Construction, Air Force'', $3,000,000; and
``Military Construction, Defense-wide'', $3,000,000.
(RESCISSION)
Sec. 202. Of the funds appropriated for ``Military Construction,
Navy'' under Public Law 103-307, $6,480,000 is hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 301. The Department of Defense is directed to report to the
congressional defense committees 30 days prior to transferring
management, development, and acquisition authority over the elements of
the National Missile Defense Program from the Military Services:
Provided, That the Joint Requirements Oversight Council is directed to
conduct an analysis and submit recommendations as to the recommended
future roles of the Military Services with respect to development and
deployment of the elements of the National Missile Defense Program:
Provided further, That the analysis and recommendations shall be
submitted to the congressional defense committees within 60 days of
enactment of this Act: Provided further, That for 60 days following
enactment of this Act, the Department of Defense shall take no actions
to delay or defer planned activities under the National Missile Defense
Program based solely on the conduct of the Joint Requirements Oversight
Council analysis.
Sec. 302. Notwithstanding section 3612(a) of title 22, United
States Code, the incumbent may continue to serve as the Secretary of
Defense designee on the Board of the Panama Canal Commission if he
retires as an officer of the Department of Defense, until and unless
the Secretary of Defense designates another person to serve in this
position.
Sec. 303. Authority of Secretary of Defense to Enter Into Lease of
Building No. 1, Lexington Blue Grass Station, Lexington, Kentucky.--
(a) Authority to enter into lease.--The Secretary of Defense
may enter into an agreement for the lease of Building No. 1,
Lexington Blue Grass Station, Lexington, Kentucky, and any real
property associated with the building, for purposes of the use of
the building by the Defense Finance and Accounting Service. The
agreement shall meet the requirements of this section.
(b) Term.--(1) The agreement under this section shall provide
for a lease term of not to exceed 50 years, but may provide for one
or more options to renew or extend the term of the lease.
(2) The agreement shall include a provision specifying that, if
the Secretary ceases to require the leased building for purpose of
the use of the building by the Defense Finance and Accounting
Service before the expiration of the term of the lease (including
any extension or renewal of the term under an option provided for
in paragraph (1)), the remainder of the lease term may, upon the
approval of the lessor of the building, be satisfied by the
Secretary or another department or agency of the Federal Government
(including a military department) for another purpose similar to
such purpose.
(c) Consideration.--(1) The agreement under this section may
not require rental payments by the United States under the lease
under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment of any
utilities associated with the lease of the building covered by the
agreement and for maintenance and repair of the building.
(d) Improvement.--The agreement under this section may provide
for the improvement of the building covered by the agreement by the
Secretary or other lessee, if any, under subsection (b)(2).
(e) Limitation on certain activities.--The Secretary may not
obligate or expend funds for the costs of any utilities,
maintenance and repair, or improvements under this lease under this
section in any fiscal year unless funds are appropriated or
otherwise made available for the Department of Defense for such
payment in such fiscal year.
Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C. 1552(a), and
31 U.S.C. 1553(a), funds appropriated in Public Law 101-511, Public Law
102-396, and Public Law 103-139, under the heading ``Weapons
Procurement, Navy'', that were obligated and expended to settle claims
on the MK-50 torpedo program may continue to be obligated and expended
to settle those claims.
Sec. 305. None of the funds available to the Department of Defense
in this or any other Act shall be available to pay the cost of
operating a National Missile Defense Joint Program Office which
includes more than 55 military and civilian personnel located in the
National Capital Region.
Sec. 306. Funds obligated by the National Aeronautics and Space
Administration (NASA) in the amount of $61,300,000 during fiscal year
1996, pursuant to the ``Memorandum of Agreement between the National
Aeronautics and Space Administration and the United States Air Force on
Titan IV/Centaur Launch Support for the Cassini Mission,'' signed
September 8, 1994, and September 23, 1994, and Attachments A, B, and C
to that Memorandum, shall be merged with Air Force appropriations
available for research, development, test and evaluation and
procurement for fiscal year 1996, and shall be available for the same
time period as the appropriation with which merged, and shall be
available for obligation only for those Titan IV vehicles and Titan IV-
related activities under contract.
Sec. 307. For the purposes of implementing the 1997 Defense
Experimental Program to Stimulate Competitive Research (DEPSCoR), the
term ``State'' means a State of the United States, the District of
Columbia, Puerto Rico, Guam and the Virgin Islands of the United
States, American Samoa and the Commonwealth of the Northern Mariana
Islands.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM
NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the ``Agricultural Credit Insurance
Fund Program Account'' for the additional cost of direct and guaranteed
loans authorized by 7 U.S.C. 1928-1929, including the cost of modifying
such loans as defined in section 502 of the Congressional Budget Act of
1974, resulting from flooding and other natural disasters, $23,000,000,
to remain available until expended, of which $18,000,000 shall be
available for emergency insured loans and $5,000,000 shall be available
for subsidized guaranteed operating loans: Provided, That the entire
amount shall be available only to the extent that an official budget
request for $23,000,000 that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That
such amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
For an additional amount for the ``Agricultural Credit Insurance
Fund Program Account'' for the additional cost of direct operating
loans authorized by 7 U.S.C. 1928-1929, including the cost of modifying
such loans as defined in section 502 of the Congressional Budget Act of
1974, $6,300,000, to remain available until expended.
Emergency Conservation Program
For an additional amount for ``Emergency Conservation Program'' for
expenses, including carcass removal, resulting from flooding and other
natural disasters, $70,000,000, to remain available until expended:
Provided, That the entire amount shall be available only to the extent
that an official budget request for $70,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of such
Act.
TREE ASSISTANCE PROGRAM
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards damaged by
natural disasters: Provided, That the entire amount shall be available
only to the extent that an official budget request of $9,000,000, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That such amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
Commodity Credit Corporation Fund
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning October 1,
1996, through the date of enactment of this Act, the Secretary may use
up to $50,000,000 from proceeds earned from the sale of grain in the
disaster reserve established in the Agricultural Act of 1970 to
implement a livestock indemnity program for losses from natural
disasters pursuant to a Presidential or Secretarial declaration
requested prior to the date of enactment of this Act in a manner
similar to catastrophic loss coverage available for other commodities
under 7 U.S.C. 1508(b): Provided, That in administering a program
described in the preceding sentence, the Secretary shall, to the extent
practicable, utilize gross income and payment limitations conditions
established for the Disaster Reserve Assistance Program for the 1996
crop year: Provided further, That notwithstanding any other provision
of law, beginning on October 1, 1997, grain in the disaster reserve
established in the Agricultural Act of 1970 shall not exceed 20 million
bushels: Provided further, That the entire amount shall be available
only to the extent an official budget request, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
Natural Resources Conservation Service
Watershed and Flood Prevention Operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' to repair damages to the waterways and watersheds,
including debris removal that would not be authorized under the
Emergency Watershed Program, resulting from flooding and other natural
disasters, including those in prior years, $166,000,000, to remain
available until expended: Provided, That the entire amount shall be
available only to the extent an official budget request for
$166,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of such Act: Provided further, That if the
Secretary determines that the cost of land and farm structures
restoration exceeds the fair market value of an affected agricultural
land, the Secretary may use sufficient amounts, not to exceed
$15,000,000, from funds provided under this heading to accept bids from
willing sellers to provide floodplain easements for such agricultural
land inundated by floods: Provided further, That none of the funds
provided under this heading shall be used for the salmon memorandum of
understanding.
Rural Housing Service
Rural Housing Insurance Fund Program Account
Rural Housing Assistance Program
Any unobligated balances remaining in the ``Rural Housing Insurance
Fund Program Account'' from prior years' disaster supplementals shall
be available until expended for Section 502 housing loans, Section 504
loans and grants, Section 515 loans, and domestic farm labor grants to
meet emergency needs resulting from natural disasters: Provided, That
such unobligated balances shall be available only to the extent an
official budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985 is transmitted by the
President to the Congress: Provided further, That such unobligated
balances are designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act: Provided further, That
notwithstanding section 520 of the Housing Act of 1949, as amended, (42
U.S.C. 1490) the College Station area of Pulaski County, Arkansas shall
be eligible for loans and grants available through the Rural Housing
Service: Provided further, That funds made available in Public Law 104-
180 for Community Facility Grants for the Rural Housing Assistance
Program may be provided to any community otherwise eligible for a
Community Facility Loan for expenses directly or indirectly resulting
from flooding and other natural disasters.
Rural Utilities Service
Rural Utilities Assistance Program
For an additional amount for ``Rural Utilities Assistance
Program'', for the cost of direct loans, loan guarantees, and grants,
including the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, for emergency expenses resulting from
flooding and other natural disasters, $4,000,000, to remain available
until September 30, 1998: Provided, That the entire amount shall be
available only to the extent that an official budget request for
$4,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Food and Consumer Service
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC)
For an additional amount for the ``Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC)'' as authorized by
section 17 of the Child Nutrition Act of 1966, as amended (42 U.S.C. et
seq.), $76,000,000, to remain available through September 30, 1998:
Provided, That the Secretary shall allocate such funds through the
existing formula or, notwithstanding sections 17(g), (h), or (i) of
such Act and the regulations promulgated thereunder, such other means
as the Secretary deems necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON PRICES
RECEIVED FOR BULK CHEESE.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture shall collect and
disseminate, on a weekly basis, statistically reliable information,
obtained from cheese manufacturing areas in the United States on prices
received and terms of trade involving bulk cheese, including
information on the national average price for bulk cheese sold through
spot and forward contract transactions. To the maximum extent
practicable, the Secretary shall report the prices and terms of trade
for spot and forward contract transactions separately.
(b) Confidentiality.--All information provided to, or acquired by,
the Secretary under subsection (a) shall be kept confidential by each
officer and employee of the Department of Agriculture except that
general weekly statements may be issued that are based on the
information and that do not identify the information provided by any
person.
(c) Report.--Not later than 150 days after the date of enactment of
this Act, the Secretary shall report to the Committee on Agriculture,
and the Committee on Appropriations, of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate of reporting
compliance by cheese manufacturers with respect to the information
collected under subsection (a). At the time of the report, the
Secretary may submit legislative recommendations to improve the rate of
reporting compliance.
(d) Termination of Effectiveness.--The authority provided by
subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development Assistance
Programs'' for emergency infrastructure expenses and the capitalization
of revolving loan funds related to recent flooding and other natural
disasters, $52,200,000, to remain available until expended, of which
not to exceed $2,000,000 may be available for administrative expenses
and may be transferred to and merged with the appropriations for
``Salaries and Expenses'': Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
National Institute of Standards and Technology
industrial technology services
Of the amount provided under this heading in Public Law 104-208 for
the Advanced Technology Program, not to exceed $35,000,000 shall be
available for the award of new grants.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
Within amounts available for ``Operations, Research, and
Facilities'' for Satellite Observing Systems, not to exceed $7,000,000
is available until expended to provide disaster assistance related to
recent flooding and red tide pursuant to section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act, and not to
exceed $2,000,000 is available until expended to implement the
Magnuson-Stevens Fishery Conservation and Management Act: Provided,
That the entire amount shall be available only to the extent that an
official budget request for $9,000,000, that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of such Act.
Construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
Commission on the Advancement of Federal Law Enforcement
For an additional amount for the operations of the Commission on
the Advancement of Federal Law Enforcement, $2,000,000, to remain
available until expended.
GENERAL PROVISIONS, CHAPTER 2
Sec. 2001. Of the funds currently contained within the
``Counterterrorism Fund'' of the Department of Justice, $3,000,000 is
provided for allocation by the Attorney General to the appropriate unit
or units of government in Ogden, Utah, for necessary expenses,
including enhancements and upgrade of security and communications
infrastructure, to counter any potential terrorism threat related to
the 2002 Winter Olympic games to be held in Utah.
Sec. 2002. Expanding Small Business Participation in Dredging.--
Section 722(a) of the Small Business Competitiveness Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended by striking
``September 30, 1996'' and inserting ``September 30, 1997''.
Sec. 2003. Section 101 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1371) is amended by adding at the end thereof the following:
``(d) Good Samaritan Exemption.--It shall not be a violation of
this Act to take a marine mammal if--
``(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal entangled in
fishing gear or debris;
``(2) reasonable care is taken to ensure the safe release of
the marine mammal, taking into consideration the equipment,
expertise, and conditions at hand;
``(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
``(4) such taking is reported to the Secretary within 48
hours.''.
Sec. 2004. Notwithstanding any other provision of law, the
Secretary of Commerce shall have the authority to reprogram or transfer
up to $41,000,000 of the amounts provided under ``National Oceanic and
Atmospheric Administration, Operations, Research, and Facilities'' for
Satellite Observing Systems in Public Law 104-208 for other
programmatic and operational requirements of the National Oceanic and
Atmospheric Administration and the Department of Commerce subject to
notification of the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997 and which shall not be available for
obligation or expenditure except in compliance with the procedure set
forth in that section.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For an additional amount for ``Flood Control, Mississippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee'' for emergency expenses due to flooding and
other natural disasters, $20,000,000, to remain available until
expended: Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance, General''
for emergency expenses due to flooding and other natural disasters,
$150,000,000, to remain available until expended: Provided, That of the
total amount appropriated, the amount for eligible navigation projects
which may be derived from the Harbor Maintenance Trust Fund pursuant to
Public Law 99-662, shall be derived from that fund: Provided further,
That of the total amount appropriated, $5,000,000 shall be available
solely for the Secretary of the Army, acting through the Chief of
Engineers, to pay the costs of the Corps of Engineers and other Federal
agencies associated with the development of necessary studies, an
interagency management plan, environmental documentation, continued
monitoring, and other activities related to allocations of water in the
Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River
Basins: Provided further, That no portion of such $5,000,000 may be
used by the Corps of Engineers to revise its master operational manuals
or water control plans for operation of the reservoirs for the two
river basins until (1) the interstate compacts for the two river basins
are ratified by the Congress by law; and (2) the water allocation
formulas for the two river basins have been agreed to by the States of
Alabama, Georgia, and Florida and the Federal representative to the
compacts: Provided further, That the preceding proviso shall not apply
to the use of such funds for any environmental reviews necessary for
the Federal representative to approve the water allocation formulas for
the two river basins: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' due to flooding and other natural disasters,
$415,000,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That with $5,000,000 of the funds appropriated herein, the Secretary of
the Army is directed to initiate and complete preconstruction
engineering and design and the associated Environmental Impact
Statement for an emergency outlet from Devils Lake, North Dakota, to
the Sheyenne River: Provided further, That of the funds appropriated
under this paragraph, $5,000,000 shall be used for the project
consisting of channel restoration and improvements on the James River
authorized by section 401(b) of the Water Resources Development Act of
1986 (Public Law 99-662; 100 Stat. 4128) if the Secretary of the Army
determines that the need for such restoration and improvements
constitutes an emergency.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Operation and Maintenance
For an additional amount for ``Operation and Maintenance'',
$7,355,000, to remain available until expended, to repair damage caused
by floods and other natural disasters: Provided, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund shall be derived from that fund: Provided further,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 3
Sec. 3001. (a) Beginning in fiscal year 1997 and thereafter, the
United States members and the alternate members appointed under the
Susquehanna River Basin Compact (Public Law 91-575), and the Delaware
River Basin Compact (Public Law 87-328), shall be officers of the U.S.
Army Corps of Engineers, who hold Presidential appointments as Regular
Army officers with Senate confirmation, and who shall serve without
additional compensation.
(b) Section 2, Reservations, Paragraph (u) of Public Law 91-575 (84
Stat. 1509) and section 15.1, Reservations, Paragraph (d) of Public Law
87-328 (75 Stat. 688, 691) are hereby repealed.
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is amended
by striking the words ``during the term of office of the President''
and inserting the words ``at the pleasure of the President''.
Sec. 3002. Notwithstanding section 5 of the Reclamation Safety of
Dams Act of 1978, Public Law 95-578, as amended, the Secretary of the
Interior is authorized to obligate up to $1,200,000 for carrying out
actual construction for safety of dam purposes to modify the Willow
Creek Dam, Sun River Project, Montana.
Sec. 3003. (a) Consultation and Conferencing.--As provided by
regulations issued under the Endangered Species Act (16 U.S.C. 1531 et
seq.) for emergency situations, formal consultation or conferencing
under section 7(a)(2) or section 7(a)(4) of the Act for any action
authorized, funded or carried out by any Federal agency to repair a
Federal or non-Federal flood control project, facility or structure may
be deferred by the Federal agency authorizing, funding or carrying out
the action, if the agency determines that the repair is needed to
respond to an emergency causing an imminent threat to human lives and
property in 1996 or 1997. Formal consultation or conferencing shall be
deferred until the imminent threat to human lives and property has been
abated. For purposes of this section, the term repair shall include
preventive and remedial measures to restore the project, facility or
structure to remove an imminent threat to human lives and property.
(b) Reasonable and Prudent Measures.--Any reasonable and prudent
measures specified under section 7 of the Endangered Species Act (16
U.S.C. 1536) to minimize the impact of an action taken under this
section shall be related both in nature and extent to the effect of the
action taken to repair the flood control project, facility or
structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
ASSISTANCE TO UKRAINE
Sec. 4001. The President may waive the minimum funding requirements
contained in subsection (k) under the heading ``Assistance for the New
Independent States of the Former Soviet Union'' contained in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997, as included in Public Law 104-208, for
activities for the government of Ukraine funded in that subsection, if
he determines and so reports to the Committees on Appropriations that
the government of Ukraine:
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United States businesses
and individuals are able to operate according to generally accepted
business principles; or
(3) is not taking steps to cease the illegal dumping of steel
plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Construction
(including transfer of funds)
For an additional amount for ``Construction'' to repair damage
caused by floods and other natural disasters, $4,796,000, to remain
available until expended, of which $4,403,000 is to be derived by
transfer from unobligated balances of funds under the heading, ``Oregon
and California Grant Lands'', made available as supplemental
appropriations in Public Law 104-134: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Oregon and California Grant Lands
For an additional amount for ``Oregon and California Grant Lands''
to repair damage caused by floods and other natural disasters,
$2,694,000, to remain available until expended and to be derived from
unobligated balances of funds under the heading, ``Oregon and
California Grant Lands'', made available as supplemental appropriations
in Public Law 104-134: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
United States Fish and Wildlife Service
Resource Management
For an additional amount for ``Resource Management'', $5,300,000,
to remain available until expended, for technical assistance and fish
replacement made necessary by floods and other natural disasters, for
restoration of public lands damaged by fire, and for payments to
private landowners for the voluntary use of private land to store water
in restored wetlands: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $88,000,000, to
remain available until expended, to repair damage caused by floods and
other natural disasters: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Land Acquisition
For an additional amount for ``Land Acquisition'', $10,000,000, to
remain available until expended, for the cost-effective emergency
acquisition of land and water rights necessitated by floods and other
natural disasters: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
National Park Service
Construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$187,321,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That of this amount, $30,000,000 shall be available only to the extent
an official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in such Act, is transmitted by the President to
Congress, and upon certification by the Secretary of the Interior to
the President that a specific amount of such funds is required for (1)
repair or replacement of concession use facilities at Yosemite National
Park if the Secretary determines, after consulting with the Director of
the Office of Management and Budget, that the repair or replacement of
those facilities cannot be postponed until completion of an agreement
with the Yosemite Concessions Services Corporation or any responsible
third party to satisfy its repair or replacement obligations for the
facilities, or (2) the Federal portion, if any, of the costs of repair
or replacement of such concession use facilities: Provided further,
That nothing herein should be construed as impairing in any way the
rights of the United States against the Yosemite Concession Services
Corporation or any other party or as relieving the Corporation or any
other party of its obligations to the United States: Provided further,
That prior to any final agreement by the Secretary with the Corporation
or any other party concerning its obligation to repair or replace
concession use facilities, the Solicitor of the Department of the
Interior shall certify that the agreement fully satisfies the
obligations of the Corporation or third party: Provided further, That
nothing herein, or any payments, repairs, or replacements made by the
Corporation or a third party in fulfillment of the Corporation's
obligations to the United States to repair and replace damaged
facilities, shall create any possessory interest for the Corporation or
such third party in such repaired or replaced facilities: Provided
further, That any payments made to the United States by the Corporation
or a third party for repair or replacement of concession use facilities
shall be deposited in the General Fund of the Treasury or, where
facilities are repaired or replaced by the Corporation or any other
third party, an equal amount of appropriations for ``Construction''
shall be rescinded.
For an additional amount for ``Construction'', $10,000,000, to
remain available until expended, to make repairs, construct facilities,
and provide visitor transportation and for related purposes at Yosemite
National Park.
United States Geological Survey
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'', $4,650,000, to remain available until September 30, 1998,
to repair or replace damaged equipment and facilities caused by floods
and other natural disasters: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian Programs'',
$14,317,000, to remain available until September 30, 1998, for
emergency response activities, including emergency school operations,
heating costs, emergency welfare assistance, and to repair and replace
facilities and resources damaged by snow, floods, and other natural
disasters: Provided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $6,249,000, to
remain available until expended, to repair damages caused by floods and
other natural disasters: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That notwithstanding any
other provision of law, funds appropriated herein and in Public Law
104-208 to the Bureau of Indian Affairs for repair of the Wapato
irrigation project shall be made available on a nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
National Forest System
For an additional amount for ``National Forest System'' for
emergency expenses resulting from flooding and other natural disasters,
$39,677,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Reconstruction and Construction
For an additional amount for ``Reconstruction and Construction''
for emergency expenses resulting from flooding and other natural
disasters, $27,685,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
For an additional amount for ``Indian Health Services'' for
emergency expenses resulting from flooding and other natural disasters,
$1,000,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
INDIAN HEALTH FACILITIES
For an additional amount for ``Indian Health Facilities'' for
emergency expenses resulting from flooding and other natural disasters,
$2,000,000, to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 5
Sec. 5001. Section 101(c) of Public Law 104-134 is amended as
follows: Under the heading ``Title III--General Provisions'' amend
sections 315(c)(1)(A) and 315(c)(1)(B) by striking in each of those
sections ``104%'' and inserting in lieu thereof ``100%''; by striking
in each of those sections ``1995'' and inserting in lieu thereof
``1994''; and by striking in each of those sections ``and thereafter
annually adjusted upward by 4%,''.
Sec. 5002. Section 101(d) of Public Law 104-208 is amended as
follows: Under the heading ``Administrative Provisions, Indian Health
Service'' strike the seventh proviso and insert the following in lieu
thereof: ``: Provided further, That with respect to functions
transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to provide goods
and services to those entities, on a reimbursable basis, including
payment in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self Determination Act, may be credited to the
same or subsequent appropriation account which provided the funding,
said amounts to remain available until expended''.
Sec. 5003. (a) Extension and Effective Date.--Section 3711(b)(1) of
the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (106
Stat. 4752) is amended by striking ``June 30, 1997'' and inserting
``March 31, 1999''.
(b) Extension for River System General Adjudication.--Section 3711
of such Act is amended by adding at the end the following new
subsection:
``(c) Extension for River System General Adjudication.--If, at any
time prior to March 31, 1999, the Secretary notifies the Committee on
Indian Affairs of the United States Senate or the Committee on
Resources in the United States House of Representatives that the
Settlement Agreement, as executed by the Secretary, has been submitted
to the Superior Court of the State of Arizona in and for Maricopa
County for consideration and approval as part of the General
Adjudication of the Gila River System and Source, the March 31, 1999,
referred to in subsection (b)(1) shall be deemed to be changed to
December 31, 1999.''.
(c) Counties.--Section 3706(b)(3) of such Act is amended by
inserting ``Gila, Graham, Greenlee,'' after ``Maricopa,''.
(d) Parties to Agreement.--Section 3703(2) of such Act is amended
by adding at the end the following new sentence: ``The Gila Valley
Irrigation District and the Franklin Irrigation District shall be added
as parties to the Agreement, but only so long as none of the
aforementioned parties objects to adding the Gila Valley Irrigation
and/or the Franklin Irrigation District as parties to the Agreement.''.
(e) Definitions.--Section 3703 of such Act is amended by adding the
following new paragraphs:
``(12) `Morenci mine complex' means the lands owned or leased by
Phelps Dodge Corporation, now or in the future, delineated in a map as
`Phelps Dodge Mining, Mineral Processing, and Auxiliary Facilities
Water Use Area', which map is dated March 19, 1996, and is on file with
the Secretary of the Interior.
``(13) `Upper Eagle Creek Wellfield' means that area in Greenlee
County which is bounded by the eastern boundary of Graham County on the
west, the southern boundary of the Black River watershed on the north,
a line running north and south 5 miles east of the eastern boundary of
Graham County on the east, and the southern boundary of the natural
drainage of Cottonwood Canyon on the south.''.
(f) Black River Facilities.--Section 3711 of such Act, as amended
by subsection (b) of this Act, is further amended by adding at the end
the following:
``(d) Black River Facilities.--
``(1) In general.--The provisions and agreements set forth or
referred to in paragraphs (2), (3), and (4) below shall be
enforceable against the United States in United States district
court, and the immunity of the United States for such purposes and
for no other purpose is hereby waived. The provisions and
agreements set forth or referred to in paragraphs (2)(A), (3), and
(4) below shall be enforceable against the Tribe in United States
district court, and the immunity of the Tribe for such purposes and
for no other purpose, is hereby waived. The specific agreements
made by the Tribe and set forth in paragraph (5) shall be
enforceable against the Tribe in United States district court, and
the immunity of the Tribe is hereby waived as to such specific
agreements and for no other purpose.
``(2) Interim period.--
``(A) As of July 23, 1997, Phelps Dodge shall vacate the
reservation and no longer rely upon permit #2000089, dated July
25, 1944. On such date the United States, through the Bureau of
Reclamation, shall enter, operate, and maintain the Black River
pump station, outbuildings, the pipeline, related facilities,
and certain caretaker quarters (hereinafter referred to
collectively as the `Black River facilities').
``(B) The United States and Phelps Dodge shall enter into a
contract for delivery of water pursuant to subparagraph (C),
below. Water for delivery to Phelps Dodge from the Black River
shall not exceed an annual average of 40 acre feet per day, or
14,000 acre feet per year. All diversions from Black River to
Phelps Dodge shall be junior to the diversion and use of up to
7,300 acre feet per year by the San Carlos Apache Tribe, and no
such diversion for Phelps Dodge shall cause the flow of Black
River to fall below 20 cubic feet per second. The United States
shall account for the costs for operating and maintaining the
Black River facilities, and Phelps Dodge shall reimburse the
United States for such costs. Phelps Dodge shall pay to the
United States, for delivery to the Tribe, the sum of $20,000
per month, with an annual CPI adjustment from July 23, 1997,
for purposes of compensating the Tribe for United States use
and occupancy of the Black River facilities. Phelps Dodge and
the Tribe shall cooperate with the United States in
effectuating an orderly transfer of the operations of the Black
River facilities from Phelps Dodge to the United States.
``(C) Notwithstanding any other provision of law, the
contract referred to in subparagraph (B) between the United
States and Phelps Dodge which provides for the diversion of
water from the Black River into the Black River facilities, and
the delivery of such water to Phelps Dodge at that location
where the channel of Eagle Creek last exits the reservation for
use in the Morenci mine complex and the towns of Clifton and
Morenci and at no other location, is ratified and confirmed.
``(D) The power line right-of-way over the Tribe's
Reservation which currently is held by Phelps Dodge shall
remain in place. During the interim period, Phelps Dodge shall
provide power to the United States for operation of the pump
station and related facilities without charge, and Phelps Dodge
shall pay a monthly right-of-way fee to the Tribe of $5,000 per
month, with an annual CPI adjustment from July 23, 1997.
``(E) Any questions regarding the water claims associated
with Phelps Dodge's use of the Upper Eagle Creek Wellfield, its
diversions of surface water from Eagle Creek, the San Francisco
River, Chase Creek, and/or its use of other water supplies are
not addressed in this title. No provision in this subsection
shall affect or be construed to affect any claims by the Tribe,
the United States, or Phelps Dodge to groundwater or surface
water.
``(3) Final arrangements and terms.--The interim period
described in paragraph (2) shall extend until all conditions set
forth in paragraph (3)(B) have been satisfied. At such time, the
following final arrangements shall apply, based on the terms set
forth below. Such terms shall bind the Tribe, the United States,
and Phelps Dodge, and shall be enforceable pursuant to subsection
(d)(1) of this Act.
``(A) The United States shall hold the Black River
facilities in trust for the Tribe, without cost to the Tribe or
the United States.
``(B) Responsibility for operation of the Black River
facilities shall be transferred from the United States to the
Tribe. The United States shall train Tribal members during the
interim period, and the responsibility to operate the Black
River facilities shall be transferred upon satisfaction of 2
conditions--
``(i) a finding by the United States that the Tribe has
completed necessary training and is qualified to operate
the Black River facilities; and
``(ii) execution of the contract described in paragraph
(3)(E), which contract shall be executed on or before
December 31, 1998. In the event that the contract is not
executed by December 31, 1998, the transfer described in
this subsection shall occur on December 31, 1998 (so long
as condition (i) of this subparagraph has been satisfied),
based on application of the contract terms described in
paragraph (3)(E), which terms shall be enforceable under
this Act. Upon the approval of the Secretary, the Tribe may
contract with third parties to operate the Black River
facilities.
``(C) Power lines currently operated by Phelps Dodge on the
Tribe's Reservation, and the right-of-way associated with such
power lines, shall be surrendered by Phelps Dodge to the Tribe,
without cost to the Tribe. Prior to the surrender of the power
lines, the Bureau of Reclamation shall arrange for an
inspection of the power lines and associated facilities by a
qualified third party and shall obtain a certification that
such power lines and facilities are of sound design and are in
good working order. Phelps Dodge shall pay for the cost of such
inspection and certification. Concurrently with the surrender
of the power lines and the right-of-way, Phelps Dodge shall
construct a switch station at the boundary of the Reservation
at which the Tribe may switch power on or off and shall deliver
ownership and control of such switch station to the Tribe.
Subsequent to the transfer of the power lines and the right-of-
way and the delivery of ownership and control of the switch
station to the Tribe, Phelps Dodge shall have no further
obligation or liability of any nature with respect to the
ownership, operation, or maintenance of the power lines, the
right-of-way, or the switch station.
``(D) The Tribe and the United States will enter into an
exchange agreement with the Salt River Project which will
deliver CAP water controlled by the Tribe to the Salt River
Project in return for the diversion of water from the Black
River into the Black River facilities. The exchange agreement
shall be subject to review and approval by Phelps Dodge, which
approval shall not be unreasonably withheld. Notwithstanding
any other provision of law, the contract referred to in this
subparagraph is ratified and confirmed.
``(E) The Tribe, the United States, and Phelps Dodge will
execute a contract covering the lease and delivery of CAP water
from the Tribe to Phelps Dodge on the following terms:
``(i) The Tribe will lease to Phelps Dodge 14,000 acre
feet of CAP water per year as of the date on which the
interim period referred to in paragraph (2) expires. The
lease shall be subject to the terms and conditions
identified in the Tribal CAP Delivery Contract referenced
in section 3706(b). The leased CAP water shall be delivered
to Phelps Dodge from the Black River pursuant to the
exchange referred to in subparagraph (D) above, based on
diversions from the Black River that shall not exceed an
annual average of 40 acre feet per day and shall not cause
the flow of Black River to fall below 20 cubic feet per
second. Such CAP water shall be delivered to Phelps Dodge
at that location where the channel of Eagle Creek last
exits the Reservation, to be utilized in the Morenci mine
complex and the towns of Clifton and Morenci, and at no
other location.
``(ii) The leased CAP water shall be junior to the
diversion and use of up to 7,300 acre feet per year from
the Black and Salt Rivers by the San Carlos Apache Tribe.
``(iii) The lease will be for a term of 50 years or, if
earlier, the date upon which mining activities at the
Morenci mine complex cease, with a right to renew for an
additional 50 years upon a finding by the Secretary that
the water is needed for continued mining activities at the
Morenci mine complex. The lease shall have the following
financial terms:
``(I) The Tribe will lease CAP water at a cost of
$1,200 per acre foot. Phelps Dodge shall pay to the
United States, on behalf of the Tribe, the sum of
$5,000,000 upon the earlier of the execution of the
agreement, or upon the expiration of the interim period
referred to in paragraph (2) hereof, which amount shall
be a prepayment for and applicable to the first 4,166
acre feet of CAP water to be delivered in each year
during the term of the lease.
``(II) Phelps Dodge shall pay the United States, on
behalf of the Tribe, the sum of $65 per acre foot per
year, with an annual CPI adjustment for the remaining
9,834 acre feet of water to be delivered pursuant to
the lease each year. Such payments shall be made in
advance on January 1 of each year, with a
reconciliation made at year-end, if necessary, in the
event that less than 14,000 acre feet of CAP water is
diverted from the Black River due to shortages in the
CAP system or on the Black River.
``(III) Phelps Dodge shall pay in advance each
month the Tribe's reasonable costs associated with the
Tribe's operation, maintenance, and replacement of the
Black River facilities for purposes of delivering water
to Phelps Dodge pursuant to the lease, which costs
shall be based upon the experience of the Bureau of
Reclamation in operating the Black River facilities
during the interim period referred to in paragraph (2),
subject to an annual CPI adjustment, and providing for
a credit for power provided by Phelps Dodge to the
Tribe. In addition, Phelps Dodge shall pay a monthly
fee of $30,000 to the United States, on behalf of the
Tribe, to account for the use of the Tribe's
distribution system.
``(IV) Phelps Dodge shall pay the United States
operation, maintenance, and replacement charges
associated with the leased CAP water and such
reasonable interconnection charges as may be imposed by
Salt River Project in connection with the exchange
referred to in subparagraph (D) above.
``(iv) Notwithstanding the provisions of section
3707(b), any moneys, except Black River facilities OM&R,
CAP OM&R and any charges associated with an exchange
agreement with Salt River Project, paid to the United
States on behalf of the Tribe from the lease referred to
under paragraph (3)(D)(iii) shall be held in trust by the
United States for the benefit of the Tribe. There is hereby
established in the Treasury of the United States a fund to
be known as the `San Carlos Apache Tribe Lease Fund' for
such purpose. Interest accruing to the Fund may be used by
the Tribe for economic and community development purposes
upon presentation to the Secretary of a certified copy of a
duly enacted resolution of the Tribal Council requesting
distribution and a written budget approved by the Tribal
Council. Such income may thereafter be expended only in
accordance with such budget. Income not distributed shall
be added to principal. The United States shall not be
liable for any claim or causes of action arising from the
Tribe's use or expenditure of moneys distributed from the
Fund.
``(v) The lease is not assignable to any third party,
except with the consent of the Tribe and Phelps Dodge, and
with the approval of the Secretary.
``(vi) Notwithstanding subsection (b) hereof, section
3706 shall be fully effective immediately with respect to
the CAP water lease provided for in this subparagraph and
the Secretary shall take all actions authorized by section
3706 necessary for purposes of implementing this
subparagraph. Notwithstanding any other provision of law,
the contract referred to in this subparagraph is ratified
and confirmed and shall be enforceable in United States
district court. In the event that no lease authorized by
this subparagraph is executed, this subparagraph,
notwithstanding any other provision of law, shall be
enforceable as a lease among the Tribe, the United States,
and Phelps Dodge in the United States district court, and
the Secretary shall take all action authorized by section
3706 for purposes of implementing this subparagraph in such
an event.
``(F) Any questions regarding the water claims associated
with Phelps Dodge's use of the Eagle Creek Wellfield, its
diversions of surface water from lower Eagle Creek, the San
Francisco River, Chase Creek, and/or its use of other water
supplies are not addressed by this title. No provision in this
subsection shall affect or be construed to affect any claims by
the Tribe, the United States, or Phelps Dodge to groundwater or
surface water.
``(4) Eagle creek.--From the effective date of this subsection,
and during the Interim Period, the Tribe shall not, in any way,
impede, restrict, or sue the United States regarding the passage of
water from the Black River facilities into those portions of the
channels of Willow Creek and Eagle Creek which flow through the
Reservation. Phelps Dodge agrees to limit pumping from the Upper
Eagle Creek Wellfield so that the combination of water from the
Black River facilities and water pumped from the Upper Eagle Creek
Wellfield does not exceed 22,000 acre feet per year of delivered
water at the Phelps Dodge Lower Eagle Creek Pump Station below the
Reservation. In calculating the pumping rates allowed under this
subparagraph, transmission losses from Black River and the Upper
Eagle Creek Wellfield shall be estimated, but in no event shall
such transmission losses be more than 10 percent of the Black River
or Upper Eagle Creek Wellfield water. Based on this agreement, the
Tribe shall not, in any way, impede, restrict, or sue Phelps Dodge
regarding the passage of water from the Phelps Dodge Upper Eagle
Creek Wellfield, except that--
``(A) Phelps Dodge shall pay to the United States, on
behalf of the Tribe, $5,000 per month, with an annual CPI
adjustment from July 23, 1997, to account for the passage of
such flows; and
``(B) the Tribe and the United States reserve the right to
challenge Phelps Dodge's claims regarding the pumping of
groundwater from the Upper Eagle Creek Wellfield, in accordance
with paragraphs (2)(E) and (3)(F) above. In the event that a
court determines that Phelps Dodge does not have the right to
pump the Upper Eagle Creek Wellfield, the Tribe will no longer
be subject to the restriction set forth in this subparagraph
regarding the passage of water from the Wellfield through the
Reservation. Nothing in this subsection shall affect the
rights, if any, that Phelps Dodge might claim regarding the
flow of water in the channel of Eagle Creek in the absence of
this subsection.
``(5) Past claims.--The Act does not address claims relating to
Phelps Dodge's prior occupancy and operation of the Black River
facilities. The Tribe agrees not to bring any such claims against
the United States. The Tribe also agrees that within 30 days after
Phelps Dodge has vacated the Reservation, it shall dismiss with
prejudice the suit that it has filed in Tribal Court against Phelps
Dodge (The San Carlos Apache Tribe v. Phelps Dodge, et al., Case
No. C-97-118), which such dismissal shall not be considered a
decision on the merits, and any claims that it might assert against
Phelps Dodge in connection with Phelps Dodge's prior occupancy and
operation of the Black River facilities shall be brought
exclusively in the United States district court.
``(6) Relationship to settlement.--
``(A) The term `Agreement', as defined by section 3703(2),
shall not include Phelps Dodge.
``(B) Section 3706(j) and section 3705(f) shall be repealed
and shall have no effect.
``(7) Ratification of settlement.--The agreement between the
San Carlos Apache Tribe, the Phelps Dodge Corporation, and the
Secretary of the Interior, as set forth in this subsection, is
hereby ratified and approved.''.
(g) Technical Amendment.--Section 3702(a)(3) is amended by striking
``qualification'' and inserting ``quantification''.
Sec. 5004. Paragraph (5) of section 104(c) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended as follows:
(1) In subparagraph (A), by striking ``, including polar bears
taken but not imported prior to the date of enactment of the Marine
Mammal Protection Act Amendments of 1994,''.
(2) By adding the following new subparagraph at the end
thereof:
``(D) The Secretary of the Interior shall, expeditiously after the
expiration of the applicable 30 day period under subsection (d)(2),
issue a permit for the importation of polar bear parts (other than
internal organs) from polar bears taken in sport hunts in Canada before
the date of enactment of the Marine Mammal Protection Act Amendments of
1994, to each applicant who submits, with the permit application, proof
that the polar bear was legally harvested in Canada by the applicant.
The Secretary shall issue such permits without regard to the provisions
of subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3)
of this section, and sections 101 and 102. This subparagraph shall not
apply to polar bear parts that were imported before the effective date
of this subparagraph.''.
Sec. 5005. (a) Findings.--The Congress finds that--
(1) section 2477 of the Revised Statutes (R.S. 2477) was
repealed on October 21, 1976 by the Federal Land Policy and
Management Act (43 U.S.C. 1701 et seq.);
(2) the Federal Land Policy and Management Act did not
terminate valid rights of way established under R.S. 2477 prior to
its repeal;
(3) the Federal Land Policy and Management Act included four
provisions which explicitly preserved ``valid existing rights'' and
made the actions of the government ``subject to valid existing
rights'';
(4) after the repeal of R.S. 2477, disagreement and confusion
has surrounded the existence and extent of rights of way
established under R.S. 2477;
(5) in 1994 the Secretary of the Interior published proposed
regulations for processing claims regarding R.S. 2477 rights of
way;
(6) in 1995 and 1996 the Congress passed, and the President
enacted, three separate pieces of legislation that prevented the
Secretary of the Interior from finalizing those regulations;
(7) the Omnibus Consolidated Appropriations for Fiscal Year
1997 (Public Law 104-208) permanently prohibited the promulgation
of final rules or regulations regarding the recognition, validity,
or management of R.S. 2477 rights of way unless such regulations
were specifically authorized by a subsequent Act of Congress;
(8) the position of the Clinton Administration on this issue is
reflected in the written policy statement issued by the Secretary
of the Interior in January 1997 regarding R.S. 2477;
(9) western State representatives strongly disagree with the
Administration's policy guidance; and
(10) a process is needed to recommend expeditiously a
legislative mechanism to resolve all outstanding R.S. 2477 claims.
(b) Process.--
(1) Establishment of commission.--
(A) There is established a commission to be known as the
Commission on Section 2477 of the Revised Statutes (hereinafter
referred to in this section as ``the Commission''). The
Commission shall be composed of 13 members, as follows:
(i) two officials from Federal land management
agencies, which shall be the Secretary of the Interior and
the Secretary of Agriculture, or their designees;
(ii) six Members of Congress (or their staff designee),
of whom two shall be appointed by the Majority Leader of
the Senate and one by the Minority Leader of the Senate,
and of whom two shall be appointed by the Speaker of the
House of Representatives and one by the Minority Leader of
the House of Representatives;
(iii) four State officials with land management or
transportation development responsibilities, two of whom
shall be from affected western States with a Republican
Governor and two of whom shall be from affected western
States with a Democratic Governor, with the four States
selected by mutual agreement between the President, the
Senate Majority Leader, and the Speaker of the House; and
(iv) a chairman, who shall be a former member of the
Federal judiciary with experience in property and land
management law, to be selected by consensus (or failing all
reasonable attempts at consensus, majority vote) of the
other 12 members of the Commission.
(B) The Commission shall be appointed within 90 days after
the date of enactment of this section. The Secretary of the
Interior shall provide any necessary support to the Commission.
(C) The chairman of the Commission shall receive
compensation at the daily rate of GS-15, step 7 of the General
Schedule, when engaged in the actual performance of duties for
the Commission, and shall be reimbursed for actual expenses in
the performance of such duties by the Secretary of the
Interior. All other members of the Commission shall be
reimbursed and compensated as appropriate by their respective
employers and shall not be considered Federal employees solely
because of their activities on the Commission.
(D) The Commission shall conduct its first meeting no later
than 120 days after the date of enactment of this section, at
which time the Commission shall select by consensus or majority
vote the chairman. The Secretary of the Interior shall
recommend to Commission members the names of at least three
persons who meet the requirements of subparagraph (A)(iv) for
consideration at the first meeting. Any other member of the
Commission may also recommend persons who meet the requirements
of subparagraph (A)(iv) for the consideration of the members at
the first meeting.
(2) Duties of commission.--
(A) The Commission shall recommend changes to law that
should be enacted to provide for an expeditious resolution of
all outstanding claims of a right of way across Federal lands
established pursuant to section 2477 of the Revised Statutes
(43 U.S.C. 932).
(B) The Commission shall hold a public hearing in each
affected State upon the request of the Governor of each such
State, and shall consult with the Governor of each affected
State in developing its recommendations. The Commission may
hold such other hearings as it deems necessary. All hearings
conducted by the Commission shall be open to the public, and
notice of each hearing shall be provided in media of general
circulation within the State at least 14 days prior to each
such hearing. The Secretary of the Interior shall publish a
public record of each hearing.
(C) The Commission shall make its recommendations and all
decisions by consensus, or failing all reasonable attempts at
consensus, by majority vote. The Commission shall keep a record
of its discussions. The Commission may, by majority vote, open
its meetings to the public. If the Commission does conduct
public meetings, it shall provide public notice of the time and
place at least seven days in advance of each such meeting.
(D) The Commission shall submit its recommendations to the
Secretary of the Interior by March 1, 1998. Not later than 15
days prior to this date, the Commission shall provide a draft
of its recommendations to the Governor of each affected State,
and shall include any letters submitted by such Governors with
respect to such recommendations as an appendix to the
Commission's submission to the Secretary of the Interior.
(3) Review by secretary; submission to congress.--The Secretary
of the Interior shall review and either approve or disapprove of
the Commission's recommendations in their entirety by March 31,
1998. If the Secretary of the Interior approves of the Commission's
recommendations, the Secretary shall submit all of the Commission's
recommendations to the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives by April 1, 1998. If the Secretary of the Interior
disapproves of the Commission's recommendations, the Secretary
shall state the reasons in writing for such disapproval and send a
copy of such reasons with the Commission's recommendations to the
Congress.
(4) Congressional procedure.--
(A) Introduction.--The Chairman of the Committee on Energy
and Natural Resources of the Senate and the Chairman of the
Committee on Resources of the House of Representatives (or
their designees) shall introduce the Commission's
recommendations as a bill in their respective Houses no later
than 10 calendar days after such recommendations are approved
and submitted by the Secretary of the Interior pursuant to
paragraph (3). The provisions of this paragraph hereinafter set
forth shall not apply to any bill containing the
recommendations of the Commission if the Secretary of the
Interior disapproves the Commission's recommendations under
paragraph (3).
(B) Consideration in the house.--
(i) Any committee of the House of Representatives to
which a bill introduced pursuant to subsection (A) is
referred shall report it, with or without amendment and
with or without recommendation, not later than 60 days of
session after the date of such referral. If any committee
fails to report the bill within that period, it is in order
to move that the House discharge the committee from further
consideration of the bill. A motion to discharge the bill
may only be made by a member favoring the bill (but only at
a time or place designated by the Speaker in the
legislative schedule of the day after the calendar day on
which the member offering the motion announces to the House
his intention to do so and the form of the motion). The
motion is highly privileged. Debate thereon shall be
limited to not more than one hour, the time to be divided
in the House equally between a proponent and opponent. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. A motion
to reconsider the vote by which the motion was agreed to or
disagreed to shall not be in order.
(ii) After a bill introduced pursuant to subparagraph
(A) is reported or a committee has been discharged from
further consideration, it is in order to move that the
House resolve into the Committee of the Whole House on the
State of the Union for consideration of the bill. If
reported and the report has been available for at least one
calendar day, all points of order against the bill and
against consideration of the bill are waived. If
discharged, all points of order against the bill and
against consideration of the bill are waived. The motion is
highly privileged. A motion to reconsider the vote by which
the motion was agreed to or disagreed to shall not be in
order. During consideration of the bill in the Committee of
the Whole, the first reading of the bill shall be dispensed
with. General debate shall proceed, shall be confined to
the bill, and shall not exceed four hours equally divided
and controlled by a proponent and opponent of the bill. The
bill shall be considered as read for amendment under the
five-minute rule. Only one motion to rise shall be in
order, except if offered by the manager. Consideration of
the bill for amendment shall not exceed four hours
excluding time for recorded votes and quorum calls. At the
conclusion of the consideration of the bill for amendment,
the Committee shall rise and report the bill to the House
with such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion. A motion to reconsider the vote on passage of the
bill shall not be in order.
(iii) Appeals from the decision of the Chair regarding
application of the rules of the House of Representatives to
the procedure relating to a bill introduced pursuant to
subparagraph (A) shall be decided without debate.
(iv) It shall not be in order to consider under this
subparagraph more than one bill introduced pursuant to
subparagraph (A) except for consideration of a Senate bill
introduced pursuant to subparagraph (A).
(C) Consideration in the senate.--
(i) A bill introduced pursuant to subparagraph (A)
shall be referred to the appropriate committee or
committees. A committee to which the bill is referred shall
report the bill not later than 60 days of session after
such referral. If any committee fails to report the bill
within that period, that committee shall be automatically
discharged from further consideration of the bill and the
bill shall be placed on the calendar.
(ii) A motion to proceed to consideration of a bill
introduced pursuant to subparagraph (A) and reported or
automatically discharged pursuant to subparagraph (C)(i)
shall not be debatable. It shall not be in order to move to
reconsider the vote by which the motion to proceed was
adopted or rejected, although subsequent motions to proceed
may be made under this clause.
(iii) After no more than 30 hours of consideration of a
bill introduced pursuant to subparagraph (A), the Senate
shall proceed, without intervening action or debate, to
vote on final disposition thereof to the exclusion of all
amendments not then pending and to the exclusion of all
motions, except a motion to reconsider or to table. The
time for debate on the bill shall be equally divided
between the Majority Leader and the Minority Leader or
their designees.
(iv) Only relevant amendments to the bill shall be in
order. Debate on any amendment shall be limited to one
hour, equally divided and controlled by the Senator
proposing the amendment and the majority manager, unless
the majority manager is in favor of the amendment, in which
case the minority manager shall be in control of the time
in opposition.
(v) A motion to recommit a bill introduced pursuant to
subparagraph (A) shall not be in order.
(vi) If the Senate receives a message from the House on
a bill introduced pursuant to subparagraph (A),
consideration in the Senate of all motions, amendments, or
appeals necessary to dispose of such message shall be
limited to four hours, equally divided in the usual form.
(D) Exercise of rulemaking powers.--The provisions of this
paragraph are enacted by the Congress--
(i) as an exercise of the rulemaking power of the House
of Representatives and the Senate, respectively, and as
such they shall be considered as part of the rules of each
House, respectively, or of that House to which they
specifically apply, and such rules shall supersede other
rules only to the extent they are inconsistent therewith;
and
(ii) with full recognition of the Constitutional right
of either House to change such rules (so far as to relating
to such House) at any time, in the same manner, and to the
same extent as in the case of any other rule of such House.
(5) Applicability of other law.--
(A) No express authorization.--This section shall not be
construed as an express authorization for any final rule or
regulation under any law.
(B) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App. 2) shall not apply to the
Commission established by this section.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
Public Law 104-208, under the heading ``Health Education Assistance
Loans Program'' is amended by inserting after ``$140,000,000'' the
following: ``: Provided further, That the Secretary may use up to
$499,000 derived by transfer from insurance premiums collected from
guaranteed loans made under title VII of the Public Health Service Act
for the purpose of carrying out section 709 of that Act''.
Administration for Children and Families
CHILDREN AND FAMILIES SERVICES PROGRAMS
Public Law 104-208, under the heading titled ``Children and
Families Services Programs'' is amended by inserting after the
reference to ``part B(1) of title IV'' the following: ``and section
1110''.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support high priority health research,
$15,000,000, to remain available until expended: Provided, That the
Secretary shall award such funds on a competitive basis.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For additional amounts to carry out subpart 2 of part A of title I
of the Elementary and Secondary Education Act of 1965, $101,133,000, of
which $78,362,000 shall be for Basic Grants and $22,771,000 shall be
for Concentration Grants, which shall be allocated, notwithstanding any
other provision of law, only to those States, and counties within those
States, that will receive, from funds available under the Department of
Education Appropriations Act, 1997, smaller allocations for Grants to
Local Educational Agencies than they would have received had those
allocations been calculated entirely on the basis of child poverty
counts from the 1990 census: Provided, That the Secretary of Education
shall use these additional funds to provide those States with 50
percent of the difference between the allocations they would have
received had the allocations under that Appropriations Act been
calculated entirely on the basis of the 1990 census data and the
allocations under the 1997 Appropriations Act: Provided further, That
if any State's total allocation under that Appropriations Act and this
paragraph is less than its 1996 allocation for that subpart, that State
shall receive, under this paragraph, the amount the State would have
received had that allocation been calculated entirely on the basis of
child poverty counts from the 1990 census: Provided further, That the
Secretary shall ratably reduce the allocations to States under the
preceding proviso for either Basic Grants or Concentration Grants, or
both, as the case may be, if the funds available are insufficient to
make those allocations in full: Provided further, That the Secretary
shall allocate, to such counties in each such State, additional amounts
for Basic Grants and Concentration Grants that are in the same
proportion, respectively, to the total amounts allocated to the State,
as the differences between such counties' initial allocations for Basic
Grants and Concentration Grants, respectively (compared to what they
would have received had the initial allocations been calculated
entirely on the basis of 1990 census data), are to the differences
between the State's initial allocations for Basic Grants and
Concentration Grants, respectively (compared to the amounts the State
would have received had the initial allocations been calculated
entirely on the basis of 1990 census data): Provided further, That the
funds appropriated under this paragraph shall become available on July
1, 1997 and shall remain available through September 30, 1998: Provided
further, That the additional amounts appropriated under this paragraph
shall not be taken into account in determining State allocations under
any other program administered by the Secretary.
RELATED AGENCY
National Commission on the Cost of Higher Education
salaries and expenses
For necessary expenses for the National Commission on the Cost of
Higher Education, $650,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 6
Sec. 6001. Notwithstanding any other provision of law, fiscal year
1995 funds awarded under State-administered programs of the Department
of Education and funds awarded for fiscal year 1996 for State-
administered programs under the Rehabilitation Act of the Department of
Education to recipients in Presidentially declared disaster areas,
which were declared as such during fiscal year 1997, are available to
those recipients for obligation until September 30, 1998: Provided,
That for the purposes of assisting those recipients, the Secretary's
waiver authority under section 14401 of the Elementary and Secondary
Education Act of 1965 shall be extended to all State-administered
programs of the Department of Education. This special waiver authority
applies only to funds awarded for fiscal years 1995, 1996, and 1997.
Sec. 6002. Notwithstanding any other provision of law, the
Secretary of Education may waive or modify any statutory or regulatory
provision applicable to the student financial aid programs under title
IV of the Higher Education Act that the Secretary deems necessary to
assist individuals and other program participants who suffered
financial harm from natural disasters and who, at the time the disaster
struck were operating, residing at, or attending an institution of
higher education, or employed within these areas on the date which the
President declared the existence of a major disaster (or, in the case
of an individual who is a dependent student, whose parent or stepparent
suffered financial harm from such disaster, and who resided, or was
employed in such an area at that time): Provided further, That such
authority shall be in effect only for awards for award years 1996-1997
and 1997-1998.
Sec. 6003. None of the funds provided in this Act or in any other
Act making appropriations for fiscal year 1997 may be used to
administer or implement in Denver, Colorado, the Medicare Competitive
Pricing/Open Enrollment Demonstration, as titled in the April 1, 1997,
Final Request for Proposals (RFP).
SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS.
(a) In General.--Notwithstanding any other provision of law, during
the period beginning on April 30, 1997, and ending on July 30, 1997,
the Governors of the States described in paragraph (1) of subsection
(b) may, subject to subsection (c), use amounts received for the
provision of child care assistance or services under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) to provide
emergency child care services to individuals described in paragraph (2)
of subsection (b).
(b) Eligibility.--
(1) Of states.--A State described in this paragraph is a State
in which the President, pursuant to section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121), has determined that a major disaster exists, or that an area
within the State is determined to be eligible for disaster relief
under other Federal law by reason of damage related to flooding in
1997.
(2) Of individuals.--An individual described in this subsection
is an individual who--
(A) resides within any area in which the President,
pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121), has
determined that a major disaster exists, or within an area
determined to be eligible for disaster relief under other
Federal law by reason of damage related to flooding in 1997;
and
(B) is involved in unpaid work activities (including the
cleaning, repair, restoration, and rebuilding of homes,
businesses, and schools) resulting from the flood emergency
described in subparagraph (A).
(c) Limitations.--
(1) Requirements.--With respect to assistance provided to
individuals under this section, the quality, certification and
licensure, health and safety, nondiscrimination, and other
requirements applicable under the Federal programs referred to in
subsection (a) shall apply to child care provided or obtained under
this section.
(2) Amount of funds.--The total amount utilized by each of the
States under subsection (a) during the period referred to in such
subsection shall not exceed the total amount of such assistance
that, notwithstanding the enactment of this section, would
otherwise have been expended by each such State in the affected
region during such period.
(d) Priority.--In making assistance available under this section,
the Governors described in subsection (a) shall give priority to
eligible individuals who do not have access to income, assets, or
resources as a direct result of the flooding referred to in subsection
(b)(2)(A).
extension of ssi redetermination provisions
Sec. 6005. (a) Section 402(a)(2)(D)(i) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1612(a)(2)(D)(i)) is amended--
(1) in subclause (I), by striking ``the date which is 1 year
after such date of enactment,'' and inserting ``September 30,
1997,''; and
(2) in subclause (III), by striking ``the date of the
redetermination with respect to such individual'' and inserting
``September 30, 1997,''.
(b) The amendment made by subsection (a) shall be effective as if
included in the enactment of section 402 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996.
CHAPTER 7
CONGRESSIONAL OPERATIONS
SENATE
Contingent Expenses of the Senate
Secretary of the Senate
(Transfer of funds)
For an additional amount for expenses of the ``Office of the
Secretary of the Senate'', to carry out the provisions of section 8 of
the Legislative Branch Appropriations Act, 1997, $5,000,000, to remain
available until September 30, 2000, to be derived by transfer from
funds previously appropriated from fiscal year 1997 funds under the
heading ``SENATE'', subject to the approval of the Committee on
Appropriations.
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to Marissa, Sonya, and Frank (III) Tejeda, children of
Frank Tejeda, late a Representative from the State of Texas, $133,600.
OTHER AGENCY
Botanic Garden
Salaries and Expenses
For an additional amount for ``Salaries and Expenses, Botanic
Garden'', $33,500,000, to remain available until expended, for
emergency repair and renovation of the Conservatory.
GENERAL PROVISIONS, CHAPTER 7
Sec. 7001. Section 105(f) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 61-1(f)) is amended by adding at the end the
following: ``The limitation on the minimum rate of gross compensation
under this subsection shall not apply to any member or civilian
employee of the Capitol Police whose compensation is disbursed by the
Secretary of the Senate.''.
Sec. 7002. (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. 7003. (a) Section 2 of Public Law 100-71 (2 U.S.C. 65f) is
amended by adding at the end the following:
``(c) Upon the written request of the Secretary of the Senate, with
the approval of the Committee on Appropriations of the Senate, there
shall be transferred any amount of funds available under subsection (a)
specified in the request, but not to exceed $10,000 in any fiscal year,
from the appropriation account (within the contingent fund of the
Senate) for expenses of the Office of the Secretary of the Senate to
the appropriation account for the expense allowance of the Secretary of
the Senate. Any funds so transferred shall be available in like manner
and for the same purposes as are other funds in the account to which
the funds are transferred.''.
(b) The amendment made by subsection (a) shall be effective with
respect to appropriations for fiscal years beginning on or after
October 1, 1996.
Sec. 7004. The Comptroller General may use available funds, now and
hereafter, to enter into contracts for the acquisition of severable
services for a period that begins in one fiscal year and ends in the
next fiscal year and to enter in multiyear contracts for the
acquisition of property and nonaudit-related services, to the same
extent as executive agencies under the authority of sections 303L and
304B, respectively, of the Federal Property and Administrative Services
Act (41 U.S.C. 253l and 254c).
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Coast Guard
OPERATING EXPENSES
For an additional amount for ``Operating Expenses'', $1,600,000,
for necessary expenses directly related to support activities in the
TWA Flight 800 crash investigation, to remain available until expended.
Retired Pay
For an additional amount for ``Retired Pay'', $9,200,000.
Federal Highway Administration
Federal-Aid Highways
Emergency Relief Program
(Highway Trust Fund)
For an additional amount for the Emergency Relief Program for
emergency expenses resulting from flooding and other natural disasters,
as authorized by 23 U.S.C. 125, $650,000,000, to be derived from the
Highway Trust Fund and to remain available until expended: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That 23 U.S.C. 125(b)(1) shall not apply to projects resulting
from the December 1996 and January 1997 flooding in the western States.
FEDERAL-AID HIGHWAYS
(limitation on obligations)
(Highway Trust Fund)
The limitation under this heading in Public Law 104-205 is
increased by $694,810,534: Provided, That such additional authority
shall remain available during fiscal year 1997: Provided further, That
notwithstanding any other provision of law, the authority provided
herein above shall be distributed to ensure that States receive an
amount they would have received had the Highway Trust Fund fiscal year
1994 income statement not been understated prior to the revision on
December 24, 1996: Provided further, That notwithstanding any other
provision of law, $318,077,043 of the amount provided herein above
shall be distributed to assure that States receive obligation authority
that they would have received had the Highway Trust Fund fiscal year
1995 income statement not been revised on December 24, 1996: Provided
further, That the remaining authority provided herein above shall be
distributed to those States whose share of Federal-aid obligation
limitation under section 310 of Public Law 104-205 is less than the
amount such States received under section 310(a) of Public Law 104-50
in fiscal year 1996 in a ratio equal to the amounts necessary to bring
each such State to the Federal-aid obligation limitation distributed
under section 310(a) of Public Law 104-50.
Federal Railroad Administration
Emergency Railroad Rehabilitation and Repair
For necessary expenses to repair and rebuild freight rail lines of
regional and short line railroads or a State entity damaged by floods,
$18,900,000, to be awarded subject to the discretion of the Secretary
on a case-by-case basis: Provided, That up to $900,000 shall be solely
for damage incurred in West Virginia in September 1996 and $18,000,000
shall be solely for damage incurred in the Northern Plains States in
March and April 1997: Provided further, That funds provided under this
head shall be available for rehabilitation of railroad rights-of-way,
bridges, and other facilities which are part of the general railroad
system of transportation, and primarily used by railroads to move
freight traffic: Provided further, That railroad rights-of-way,
bridges, and other facilities owned by class I railroads are not
eligible for funding under this head unless the rights-of-way, bridges
or other facilities are under contract lease to a class II or class III
railroad under which the lessee is responsible for all maintenance
costs of the line: Provided further, That railroad rights-of-way,
bridges and other facilities owned by passenger railroads, or by
tourist, scenic, or historic railroads are not eligible for funding
under this head: Provided further, That these funds shall be available
only to the extent an official budget request, for a specific dollar
amount, that includes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That all funds made
available under this head are to remain available until September 30,
1997.
RELATED AGENCY
National Transportation Safety Board
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', for
emergency expenses resulting from the crashes of TWA Flight 800,
ValuJet Flight 592, and Comair Flight 3272, and for assistance to
families of victims of aviation accidents as authorized by Public Law
104-264, $29,859,000, of which $4,877,000 shall remain available until
expended: Provided, That these funds shall be available only to the
extent an official budget request, for a specific dollar amount, that
includes designation of the entire amount as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That notwithstanding any other provision of law, not
more than $10,330,000 shall be provided by the National Transportation
Safety Board to the Department of the Navy as reimbursement for costs
incurred in connection with recovery of wreckage from TWA Flight 800
and shall be credited to the appropriation contained in the Omnibus
Consolidated Appropriations Act, 1997, which is available for the same
purpose as the appropriation originally charged for the expense for
which the reimbursements are received, to be merged with, and to be
available for the same purpose as the appropriation to which such
reimbursements are credited: Provided further, That notwithstanding any
other provision of law, of the amount provided to the National
Transportation Safety Board, not more than $6,059,000 shall be made
available to the State of New York and local counties in New York, as
reimbursement for costs incurred in connection with the crash of TWA
Flight 800: Provided further, That notwithstanding any other provision
of law, of the amount provided, not more than $3,100,000 shall be made
available to Metropolitan Dade County, Florida as reimbursement for
costs incurred in connection with the crash of ValuJet Flight 592:
Provided further, That notwithstanding any other provision of law, of
the amount provided, not more than $300,000 shall be made available to
Monroe County, Michigan as reimbursement for costs incurred in
connection with the crash of Comair Flight 3272.
GENERAL PROVISIONS, CHAPTER 8
Sec. 8001. Title I of the Department of Transportation and Related
Agencies Appropriations Act, 1997 (Public Law 104-205) is amended under
the heading ``Federal Transit Administration--Discretionary Grants'' by
striking ``$661,000,000'' and inserting ``$661,000''.
Sec. 8002. Section 325 of title III of the Department of
Transportation and Related Agencies Appropriations Act, 1997 (Public
Law 104-205) is amended by deleting all text following: ``Provided,
That such funds shall not be subject to the obligation limitation for
Federal-aid highways and highway safety construction.''.
Sec. 8003. Section 410(j) of title 23, United States Code, is
amended by striking the period after ``1997'' and inserting ``, and an
additional $500,000 for fiscal year 1997.''.
Sec. 8004. Section 30308(a) of title 49, United States Code, is
amended by striking ``and 1996'' and inserting ``, 1996, and 1997''.
CHAPTER 9
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
For an additional amount under the heading ``Departmental Offices,
Salaries and Expenses'', $1,950,000: Provided, That the Secretary of
the Treasury may utilize the law enforcement services, personnel,
equipment, and facilities of the State of Colorado, the County of
Denver, and the City of Denver, with their consent, and shall reimburse
the State of Colorado, the County of Denver, and the City of Denver for
the utilization of such law enforcement services, personnel (for
salaries, overtime, and benefits), equipment, and facilities for
security arrangements for the Denver Summit of Eight being held June 20
through June 22, 1997, in Denver, Colorado subject to verification of
appropriate costs.
COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT
DEPARTMENT OF THE TREASURY
United States Customs Service
Salaries and Expenses
Of the funds made available under this heading in Public Law 104-
208, $16,000,000 shall be available until September 30, 1998 to develop
further the Automated Targeting System.
U.S. POSTAL SERVICE
Payment to the Postal Service Fund
For an additional amount for the Postal Service Fund for revenue
forgone on free and reduced rate mail, pursuant to subsection (d) of
section 2401 of title 39, United States Code, $5,383,000.
GENERAL PROVISIONS, CHAPTER 9
Sec. 9001. The Administrator of General Services is authorized to
obligate the funds appropriated in Public Law 104-208 for construction
of the Montgomery, Alabama courthouse.
Sec. 9002. None of the funds appropriated or made available in this
Act or any other Act may be used by the General Services Administration
to implement section 1555 of the Federal Acquisition Streamlining Act
of 1994 (Public Law 103-355) prior to the date of adjournment of the
first session of the 105th Congress.
Sec. 9003. (a) The Bureau of Engraving and Printing and the
Department of the Treasury shall not award a contract for Solicitation
No. BEP-97-13(TN) or Solicitation No. BEP-96-13(TN) until the General
Accounting Office (GAO) has completed a comprehensive analysis of the
optimum circumstances for government procurement of distinctive
currency paper. The GAO shall report its findings to the House and
Senate Committees on Appropriations no later than August 1, 1998.
(b) The contractual term of the distinctive currency paper
``bridge'' contract shall not exceed 24 months, and the contract shall
not be effective until the Secretary of the Department of the Treasury
certifies that the price under the terms of any ``bridge'' contract is
fair and reasonable and that the terms of any ``bridge'' contract are
customary and appropriate according to Federal procurement regulations.
In addition, the Secretary of the Treasury shall report to the
Committees on Appropriations on the price and profit levels of any
``bridge'' contract at the time of certification.
Sec. 9004. (a) Chapter 63 of title 5, United States Code, is
amended by adding after subchapter V the following:
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``Sec. 6391. Authority for leave transfer program in disasters and
emergencies
``(a) For the purpose of this section--
``(1) `employee' means an employee as defined in section
6331(1); and
``(2) `agency' means an Executive agency.
``(b) In the event of a major disaster or emergency, as declared by
the President, that results in severe adverse effects for a substantial
number of employees, the President may direct the Office of Personnel
Management to establish an emergency leave transfer program under which
any employee in any agency may donate unused annual leave for transfer
to employees of the same or other agencies who are adversely affected
by such disaster or emergency.
``(c) The Office shall establish appropriate requirements for the
operation of the emergency leave transfer program under subsection (b),
including appropriate limitations on the donation and use of annual
leave under the program. An employee may receive and use leave under
the program without regard to any requirement that any annual leave and
sick leave to a leave recipient's credit must be exhausted before any
transferred annual leave may be used.
``(d) A leave bank established under subchapter IV may, to the
extent provided in regulations prescribed by the Office, donate annual
leave to the emergency leave transfer program established under
subsection (b).
``(e) Except to the extent that the Office may prescribe by
regulation, nothing in section 7351 shall apply to any solicitation,
donation, or acceptance of leave under this section.
``(f) The Office shall prescribe regulations necessary for the
administration of this section.''.
(b) The analysis for chapter 63 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``6391. Authority for leave transfer program in disasters and
emergencies.''.
CHAPTER 10
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Compensation and Pensions
For an additional amount for ``Compensation and pensions'',
$928,000,000, to remain available until expended.
Administrative Provision
The Secretary of Veterans Affairs may carry out the construction of
a multi-story parking garage at the Department of Veterans Affairs
medical center in Cleveland, Ohio, in the amount of $12,300,000, and
there is authorized to be appropriated for fiscal year 1997 for the
Parking Revolving Fund account, a total of $12,300,000 for this
project.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
Notwithstanding any other provision of law, of the $1,000,000
appropriated for special purpose grants in Public Law 102-139, for a
parking garage in Ashland, Kentucky, $500,000 shall be made available
instead for use in acquiring parking in Ashland, Kentucky and $500,000
shall be made available instead for the restoration of the Paramount
Theater in Ashland, Kentucky.
Preserving Existing Housing Investment
For an additional amount for ``Preserving existing housing
investment'', to be made available for use in conjunction with
properties that are eligible for assistance under the Low-Income
Housing Preservation and Resident Homeownership Act of 1990 or the
Emergency Low Income Housing Preservation Act of 1987, $3,500,000, to
remain available until expended: Provided, That up to such amount shall
be for a project in Syracuse, New York, the processing for which was
suspended, deferred or interrupted for a period of nine months or more
because of differing interpretations, by the Secretary of Housing and
Urban Development and an owner, concerning the timing of the ability of
an uninsured section 236 property to prepay, or by the Secretary and a
State rent regulatory agency concerning the effect of a presumptively
applicable State rent control law or regulation on the determination of
preservation value under section 213 of such Act, if the owner of such
project filed a notice of intent to extend the low-income affordability
restrictions of the housing on or before August 23, 1993, and the
Secretary approved the plan of action on or before July 25, 1996.
capacity building for community development and affordable housing
(transfer of funds)
For ``Capacity building for community development and affordable
housing'', as authorized by section 4 of the HUD Demonstration Act of
1993 (Public Law 103-120), $30,200,000, to remain available until
expended, and to be derived by transfer from the Homeownership and
Opportunity for People Everywhere Grants account: Provided, That at
least $10,000,000 of the funding under this head be used in rural
areas, including tribal areas.
Community Planning and Development
COMMUNITY DEVELOPMENT BLOCK GRANTS FUND
For an additional amount for ``Community development block grants
fund'', as authorized under title I of the Housing and Community
Development Act of 1974, $500,000,000, of which $250,000,000 shall
become available for obligation on October 1, 1997, all of which shall
remain available until September 30, 2000, for use only for buyouts,
relocation, long-term recovery, and mitigation in communities affected
by the flooding in the upper Midwest and other disasters in fiscal year
1997 and such natural disasters designated 30 days prior to the start
of fiscal year 1997, except those activities reimbursable or for which
funds are made available by the Federal Emergency Management Agency,
the Small Business Administration, or the Army Corps of Engineers:
Provided, That in administering these amounts, the Secretary may waive,
or specify alternative requirements for, any provision of any statute
or regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds,
except for statutory requirements related to civil rights, fair housing
and nondiscrimination, the environment, and labor standards, upon a
finding that such waiver is required to facilitate the use of such
funds, and would not be inconsistent with the overall purpose of the
statute: Provided further, That the Secretary of Housing and Urban
Development shall publish a notice in the Federal Register governing
the use of community development block grants funds in conjunction with
any program administered by the Director of the Federal Emergency
Management Agency for buyouts for structures in disaster areas:
Provided further, That for any funds under this head used for buyouts
in conjunction with any program administered by the Director of the
Federal Emergency Management Agency, each State or unit of general
local government requesting funds from the Secretary of Housing and
Urban Development for buyouts shall submit a plan to the Secretary
which must be approved by the Secretary as consistent with the
requirements of this program: Provided further, That the Secretary of
Housing and Urban Development and the Director of the Federal Emergency
Management Agency shall submit quarterly reports to the House and
Senate Committees on Appropriations on all disbursements and uses of
funds for or associated with buyouts: Provided further, That for
purposes of disasters eligible under this head the Secretary of Housing
and Urban Development may waive, on a case-by-case basis and upon such
other terms as the Secretary may specify, in whole or in part, the
requirements that activities benefit persons of low- and moderate-
income pursuant to section 122 of the Housing and Community Development
Act of 1974, and may waive, in whole or in part, the requirements that
housing qualify as affordable housing pursuant to section 290 of the
HOME Investment Partnerships Act: Provided further, That the entire
amount shall be available only to the extent an official budget
request, that includes designation of the entire amount of the request
as an emergency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Management and Administration
SALARIES AND EXPENSES
Of the funds appropriated under this head in Public Law 104-204,
the Secretary of Housing and Urban Development shall enter into a
contract with the National Academy of Public Administration not to
exceed $1,000,000 no later than one month after enactment of this Act
for an evaluation of the Department of Housing and Urban Development's
management systems.
INDEPENDENT AGENCIES
Environmental Protection Agency
buildings and facilities
From the amounts appropriated under this heading in prior
appropriation Acts for the Center for Ecology Research and Training
(CERT), the Environmental Protection Agency (EPA) shall, after the
closing of the period for filing CERT-related claims pursuant to the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.), obligate the maximum amount of
funds necessary to settle all outstanding CERT-related claims against
the EPA pursuant to such Act. To the extent that unobligated balances
then remain from such amounts previously appropriated, the EPA is
authorized beginning in fiscal year 1997 to make grants to the City of
Bay City, Michigan, for the purpose of EPA-approved environmental
remediation and rehabilitation of publicly owned real property included
in the boundaries of the CERT project.
state and tribal assistance grants
The funds appropriated in Public Law 104-204 to the Environmental
Protection Agency under this heading for grants to States and federally
recognized tribes for multi-media or single media pollution prevention,
control, and abatement and related activities, $674,207,000, may also
be used for the direct implementation by the Federal Government of a
program required by law in the absence of an acceptable State or tribal
program.
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster relief '', $3,300,000,000,
to remain available until expended: Provided, That $2,300,000,000 shall
become available for obligation on September 30, 1997, but shall not
become available until the Director of the Federal Emergency Management
Agency submits to the Congress a legislative proposal to control
disaster relief expenditures including the elimination of funding for
certain revenue producing facilities: Provided further, That of the
funds made available under this heading, up to $20,000,000 may be
transferred to the Disaster Assistance Direct Loan Program for the cost
of direct loans as authorized under section 417 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): Provided further, That such transfer may be made to subsidize
gross obligations for the principal amount of direct loans not to
exceed $21,000,000 under section 417 of the Stafford Act: Provided
further, That any such transfer of funds shall be made only upon
certification by the Director of the Federal Emergency Management
Agency that all requirements of section 417 of the Stafford Act will be
complied with: Provided further, That the entire amount appropriated
herein shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Provided further,
That the entire amount appropriated herein is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 10
Sec. 10001. The Secretary shall submit semi-annually to the
Committees on Appropriations a list of all contracts and task orders
issued under such contracts in excess of $250,000 which were entered
into during the prior 6-month period by the Secretary, the Government
National Mortgage Association, and the Office of Federal Housing
Enterprise Oversight (or by any officer of the Department of Housing
and Urban Development, the Government National Mortgage Association, or
the Office of Federal Housing Enterprise Oversight acting in his or her
capacity to represent the Secretary or these entities). Each listing
shall identify the parties to the contract, the term and amount of the
contract, and the subject matter and responsibilities of the parties to
the contract.
Sec. 10002. Section 8(c)(9) of the United States Housing Act of
1937 is amended by striking out ``Not less than one year prior to
terminating any contract'' and inserting in lieu thereof: ``Not less
than 180 days prior to terminating any contract''.
Sec. 10003. The first sentence of section 542(c)(4) of the Housing
and Community Development Act of 1992 is amended by striking out ``on
not more than 12,000 units during fiscal year 1996'' and inserting in
lieu thereof: ``on not more than 12,000 units during fiscal year 1996
and not more than an additional 7,500 units during fiscal year 1997''.
Sec. 10004. Section 4(a) and (b)(3) of the HUD Demonstration Act of
1993 is amended by inserting after ``National Community Development
Initiative'': ``, Local Initiatives Support Corporation, The Enterprise
Foundation, Habitat for Humanity, and Youthbuild USA''.
Sec. 10005. Section 234(c) of the National Housing Act is amended
by inserting after ``203(b)(2)'' the following: ``or pursuant to
section 203(h) under the conditions described in section 203(h)''.
Sec. 10006. Section 211(b)(4)(B) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204) is amended by inserting
the following at the end: ``The term `owner', as used in this
subparagraph, in addition to it having the same meaning as in section
8(f) of the United States Housing Act of 1937, also means an affiliate
of the owner. The term `affiliate of the owner' means any person or
entity (including, but not limited to, a general partner or managing
member, or an officer of either) that controls an owner, is controlled
by an owner, or is under common control with the owner. The term
`control' means the direct or indirect power (under contract, equity
ownership, the right to vote or determine a vote, or otherwise) to
direct the financial, legal, beneficial, or other interests of the
owner.''.
CHAPTER 11
OFFSETS AND RESCISSIONS
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Fund for Rural America
Of the funds provided on January 1, 1997 for section 793 of Public
Law 104-127, Fund for Rural America, not more than $80,000,000 shall be
available.
Food and Consumer Service
The Emergency Food Assistance Program
Notwithstanding section 27(a) of the Food Stamp Act, the amount
specified for allocation under such section for fiscal year 1997 shall
be $80,000,000.
Foreign Agricultural Service and General Sales Manager
Export Credit
None of the funds made available in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1997, Public Law 104-180, may be used to pay the
salaries and expenses of personnel to carry out a combined program for
export credit guarantees, supplier credit guarantees, and emerging
democracies facilities guarantees at a level which exceeds
$3,500,000,000.
Export Enhancement Program
None of the funds appropriated or otherwise made available in
Public Law 104-180 shall be used to pay the salaries and expenses of
personnel to carry out an export enhancement program if the aggregate
amount of funds and/or commodities under such program exceeds
$10,000,000.
DEPARTMENT OF JUSTICE
General Administration
Working Capital Fund
(Rescission)
Of the unobligated balances available under this heading,
$6,400,000 are rescinded.
Legal Activities
assets forfeiture fund
(Rescission)
Of the amounts made available to the Attorney General on October 1,
1996, from surplus balances declared in prior years pursuant to 28
U.S.C. 524(c), authority to obligate $3,000,000 of such funds in fiscal
year 1997 is rescinded.
Immigration and Naturalization Service
construction
(Rescission)
Of the unobligated balances under this heading from amounts made
available in Public Law 103-317, $1,000,000 are rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
(Rescission)
Of the unobligated balances available under this heading for the
Advanced Technology Program, $7,000,000 are rescinded.
RELATED AGENCIES
Federal Communications Commission
salaries and expenses
(Rescission)
Of the unobligated balances available under this heading,
$1,000,000 are rescinded.
Ounce of Prevention Council
(Rescission)
Of the amounts made available under this heading in Public Law 104-
208, $1,000,000 are rescinded.
DEPARTMENT OF ENERGY
Energy Programs
energy supply, research and development activities
(Rescission)
Of the funds made available under this heading in Public Law 104-
206 and prior years' Energy and Water Development Appropriations Acts,
$11,180,000 are rescinded.
Clean Coal Technology
(rescission)
Of the funds made available under this heading for obligation in
fiscal year 1997 or prior years, $17,000,000 are rescinded: Provided,
That funds made available in previous appropriations Acts shall be
available for any ongoing project regardless of the separate request
for proposal under which the project was selected.
Strategic Petroleum Reserve
(rescission)
Of the funds made available under this heading in previous
appropriations Acts, $11,000,000 are rescinded.
Power Marketing Administrations
construction, rehabilitation, operation and maintenance, western area
power administration
(rescission)
Of the funds made available under this heading in Public Law 104-
206 and prior years' Energy and Water Development Appropriations Acts,
$11,352,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Job Opportunities and Basic Skills
(Rescission)
Of the funds made available under this heading in Public Law 104-
208, there is rescinded an amount equal to the total of the funds
within each State's limitation for fiscal year 1997 that are not
necessary to pay such State's allowable claims for such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as in effect on
October 1, 1996) is amended by adding after the ``,'' the following:
``reduced by an amount equal to the total of those funds that are
within each State's limitation for fiscal year 1997 that are not
necessary to pay such State's allowable claims for such fiscal year
(except that such amount for such year shall be deemed to be
$1,000,000,000 for the purpose of determining the amount of the payment
under subsection (1) to which each State is entitled),''.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
GRANTS-IN-AID FOR AIRPORTS
(Airport and Airway Trust Fund)
(Rescission of Contract Authorization)
Of the unobligated balances authorized under 49 U.S.C. 48103 as
amended, $750,000,000 are rescinded.
National Highway Traffic Safety Administration
HIGHWAY TRAFFIC SAFETY GRANTS
(Highway Trust Fund)
(Rescission of Contract Authorization)
Of the available balances of contract authority under this heading,
$13,000,000 are rescinded.
Federal Transit Administration
TRUST FUND SHARE OF EXPENSES
(Highway Trust Fund)
(Rescission of Contract Authorization)
Of the available balances of contract authority under this heading,
$271,000,000 are rescinded.
DISCRETIONARY GRANTS
(Highway Trust Fund)
(Rescission of Contract Authorization)
Of the available balances of contract authority under this heading,
for fixed guideway modernization and bus activities under 49 U.S.C.
5309(m)(A) and (C), $588,000,000 are rescinded.
INDEPENDENT AGENCY
General Services Administration
Expenses, Presidential Transition
(rescission)
Of the amounts made available under this heading in Public Law 104-
208, $5,600,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
(including RESCISSION)
Of the amounts recaptured under this heading during fiscal year
1997 and prior years, $3,650,000,000 are rescinded: Provided, That the
Secretary of Housing and Urban Development shall recapture at least
$5,800,000,000 in amounts heretofore maintained as section 8 reserves
made available to housing agencies for tenant-based assistance under
the section 8 existing housing certificate and housing voucher
programs: Provided further, That all additional section 8 reserve funds
of an amount not less than $2,150,000,000 and any recaptures (other
than funds already designated for other uses) specified in section 214
of Public Law 104-204 shall be preserved under the head ``Section 8
Reserve Preservation Account'' for use in extending section 8 contracts
expiring in fiscal year 1998 and thereafter: Provided further, That the
Secretary may recapture less than $5,800,000,000 and reserve less than
$2,150,000,000 where the Secretary determines that insufficient section
8 funds are available for current fiscal year contract obligations:
Provided further, That the Comptroller General of the United States
shall conduct an audit of all accounts of the Department of Housing and
Urban Development to determine whether the Department's systems for
budgeting and accounting for section 8 rental assistance ensure that
unexpended funds do not reach unreasonable levels and that obligations
are spent in a timely manner.
INDEPENDENT AGENCY
National Aeronautics and Space Administration
NATIONAL AERONAUTICS FACILITIES
(RESCISSION)
Of the funds made available under this heading in Public Law 103-
327, $365,000,000 are rescinded.
Funds Appropriated to the President
UNANTICIPATED NEEDS
(RESCISSION)
Of the funds made available under this heading in Public Law 103-
211 to NASA for ``Space flight, control, and data communications'',
$4,200,000 are rescinded.
TITLE III
GENERAL PROVISIONS--THIS ACT
Sec. 30001. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
buy-american requirements
Sec. 30002. (a) Compliance With Buy American Act.--None of the
funds made available in this Act may be expended by an entity unless
the entity agrees that in expending the funds the entity will comply
with the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing financial
assistance using funds made available in this Act, the head of each
Federal agency shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 30003. The Office of Management and Budget is directed to work
with Federal agencies, as appropriate, to support the extension and
revision of Federal grants, contracts, and cooperative agreements at
universities affected by flooding in designated Federal disaster areas
where work on such grants, contracts, and cooperative agreements was
suspended as a result of the flood disaster.
TITLE IV--COST OF HIGHER EDUCATION REVIEW
SEC. 40001. SHORT TITLE; FINDINGS.
(a) Short Title.--This title may be cited as the ``Cost of Higher
Education Review Act of 1997''.
(b) Findings.--The Congress finds the following:
(1) According to a report issued by the General Accounting
Office, tuition at 4-year public colleges and universities
increased 234 percent from school year 1980-1981 through school
year 1994-1995, while median household income rose 82 percent and
the cost of consumer goods as measured by the Consumer Price Index
rose 74 percent over the same time period.
(2) A 1995 survey of college freshmen found that concern about
college affordability was the highest it has been in the last 30
years.
(3) Paying for a college education now ranks as one of the most
costly investments for American families.
SEC. 40002. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST OF HIGHER
EDUCATION.
There is established a Commission to be known as the ``National
Commission on the Cost of Higher Education'' (hereafter in this title
referred to as the ``Commission'').
SEC. 40003. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of 11 members as
follows:
(1) Three individuals shall be appointed by the Speaker of the
House.
(2) Two individuals shall be appointed by the Minority Leader
of the House.
(3) Three individuals shall be appointed by the Majority Leader
of the Senate.
(4) Two individuals shall be appointed by the Minority Leader
of the Senate.
(5) One individual shall be appointed by the Secretary of
Education.
(b) Additional Qualifications.--Each of the individuals appointed
under subsection (a) shall be an individual with expertise and
experience in higher education finance (including the financing of
State institutions of higher education), Federal financial aid
programs, education economics research, public or private higher
education administration, or business executives who have managed
successful cost reduction programs.
(c) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a Chairperson and a Vice Chairperson. In the
absence of the Chairperson, the Vice Chairperson will assume the duties
of the Chairperson.
(d) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(e) Appointments.--All appointments under subsection (a) shall be
made within 30 days after the date of enactment of this Act. In the
event that an officer authorized to make an appointment under
subsection (a) has not made such appointment within such 30 days, the
appointment may be made for such officer as follows:
(1) the Chairman of the Committee on Education and the
Workforce may act under such subsection for the Speaker of the
House of Representatives;
(2) the Ranking Minority Member of the Committee on Education
and the Workforce may act under such subsection for the Minority
Leader of the House of Representatives;
(3) the Chairman of the Committee on Labor and Human Resources
may act under such subsection for the Majority Leader of the
Senate; and
(4) the Ranking Minority Member of the Committee on Labor and
Human Resources may act under such subsection for the Minority
Leader of the Senate.
(f) Voting.--Each member of the Commission shall be entitled to one
vote, which shall be equal to the vote of every other member of the
Commission.
(g) Vacancies.--Any vacancy on the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(h) Prohibition of Additional Pay.--Members of the Commission shall
receive no additional pay, allowances, or benefits by reason of their
service on the Commission. Members appointed from among private
citizens of the United States may be allowed travel expenses, including
per diem, in lieu of subsistence, as authorized by law for persons
serving intermittently in the government service to the extent funds
are available for such expenses.
(i) Initial Meeting.--The initial meeting of the Commission shall
occur within 40 days after the date of enactment of this Act.
SEC. 40004. FUNCTIONS OF COMMISSION.
(a) Specific Findings and Recommendations.--The Commission shall
study and make findings and specific recommendations regarding the
following:
(1) The increase in tuition compared with other commodities and
services.
(2) Innovative methods of reducing or stabilizing tuition.
(3) Trends in college and university administrative costs,
including administrative staffing, ratio of administrative staff to
instructors, ratio of administrative staff to students,
remuneration of administrative staff, and remuneration of college
and university presidents or chancellors.
(4) Trends in (A) faculty workload and remuneration (including
the use of adjunct faculty), (B) faculty-to-student ratios, (C)
number of hours spent in the classroom by faculty, and (D) tenure
practices, and the impact of such trends on tuition.
(5) Trends in (A) the construction and renovation of academic
and other collegiate facilities, and (B) the modernization of
facilities to access and utilize new technologies, and the impact
of such trends on tuition.
(6) The extent to which increases in institutional financial
aid and tuition discounting have affected tuition increases,
including the demographics of students receiving such aid, the
extent to which such aid is provided to students with limited need
in order to attract such students to particular institutions or
major fields of study, and the extent to which Federal financial
aid, including loan aid, has been used to offset such increases.
(7) The extent to which Federal, State, and local laws,
regulations, or other mandates contribute to increasing tuition,
and recommendations on reducing those mandates.
(8) The establishment of a mechanism for a more timely and
widespread distribution of data on tuition trends and other costs
of operating colleges and universities.
(9) The extent to which student financial aid programs have
contributed to changes in tuition.
(10) Trends in State fiscal policies that have affected college
costs.
(11) The adequacy of existing Federal and State financial aid
programs in meeting the costs of attending colleges and
universities.
(12) Other related topics determined to be appropriate by the
Commission.
(b) Final Report.--
(1) In general.--Subject to paragraph (2), the Commission shall
submit to the President and to the Congress, not later than 120
days after the date of the first meeting of the Commission, a
report which shall contain a detailed statement of the findings and
conclusions of the Commission, including the Commission's
recommendations for administrative and legislative action that the
Commission considers advisable.
(2) Majority vote required for recommendations.--Any
recommendation described in paragraph (1) shall be made by the
Commission to the President and to the Congress only if such
recommendation is adopted by a majority vote of the members of the
Commission who are present and voting.
(3) Evaluation of different circumstances.--In making any
findings under subsection (a) of this section, the Commission shall
take into account differences between public and private colleges
and universities, the length of the academic program, the size of
the institution's student population, and the availability of the
institution's resources, including the size of the institution's
endowment.
SEC. 40005. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this title, hold such hearings and sit and act at such times and
places, as the Commission may find advisable.
(b) Rules and Regulations.--The Commission may adopt such rules and
regulations as may be necessary to establish the Commission's
procedures and to govern the manner of the Commission's operations,
organization, and personnel.
(c) Assistance From Federal Agencies.--
(1) Information.--The Commission may request from the head of
any Federal agency or instrumentality such information as the
Commission may require for the purpose of this title. Each such
agency or instrumentality shall, to the extent permitted by law and
subject to the exceptions set forth in section 552 of title 5,
United States Code (commonly referred to as the Freedom of
Information Act), furnish such information to the Commission, upon
request made by the Chairperson of the Commission.
(2) Facilities and services, personnel detail authorized.--Upon
request of the Chairperson of the Commission, the head of any
Federal agency or instrumentality shall, to the extent possible and
subject to the discretion of such head--
(A) make any of the facilities and services of such agency
or instrumentality available to the Commission; and
(B) detail any of the personnel of such agency or
instrumentality to the Commission, on a nonreimbursable basis,
to assist the Commission in carrying out the Commission's
duties under this title.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Contracting.--The Commission, to such extent and in such
amounts as are provided in appropriation Acts, may enter into contracts
with State agencies, private firms, institutions, and individuals for
the purpose of conducting research or surveys necessary to enable the
Commission to discharge the Commission's duties under this title.
(f) Staff.--Subject to such rules and regulations as may be adopted
by the Commission, and to such extent and in such amounts as are
provided in appropriation Acts, the Chairperson of the Commission shall
have the power to appoint, terminate, and fix the compensation (without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title, or of any other provision, or of any other provision of law,
relating to the number, classification, and General Schedule rates) of
an Executive Director, and of such additional staff as the Chairperson
deems advisable to assist the Commission, at rates not to exceed a rate
equal to the maximum rate for level IV of the Executive Schedule under
section 5332 of such title.
SEC. 40006. FUNDING OF COMMISSION.
There is authorized to be appropriated for fiscal year 1997 for
carrying out this title, $650,000, to remain available until expended,
or until one year after the termination of the Commission pursuant to
section 40007, whichever occurs first.
SEC. 40007. TERMINATION OF COMMISSION.
The Commission shall cease to exist on the date that is 60 days
after the date on which the Commission is required to submit its final
report in accordance with section 40004(b).
TITLE V--DEPOSITORY INSTITUTION DISASTER RELIEF
SEC. 50001. SHORT TITLE.
This title may be cited as the ``Depository Institutions Disaster
Relief Act of 1997''.
SEC. 50002. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT.
(a) Truth in Lending Act.--During the 240-day period beginning on
the date of enactment of this Act, the Board of Governors of the
Federal Reserve System may make exceptions to the Truth in Lending Act
for transactions within an area in which the President, pursuant to
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, has determined, on or after February 28, 1997, that a
major disaster exists, or within an area determined to be eligible for
disaster relief under other Federal law by reason of damage related to
the 1997 flooding of the Red River of the North, the Minnesota River,
and the tributaries of such rivers, if the Board determines that the
exception can reasonably be expected to alleviate hardships to the
public resulting from such disaster that outweigh possible adverse
effects.
(b) Expedited Funds Availability Act.--During the 240-day period
beginning on the date of enactment of this Act, the Board of Governors
of the Federal Reserve System may make exceptions to the Expedited
Funds Availability Act for depository institution offices located
within any area referred to in subsection (a) of this section if the
Board determines that the exception can reasonably be expected to
alleviate hardships to the public resulting from such disaster that
outweigh possible adverse effects.
(c) Time Limit on Exceptions.--Any exception made under this
section shall expire not later than September 1, 1998.
(d) Publication Required.--The Board of Governors of the Federal
Reserve System shall publish in the Federal Register a statement that--
(1) describes any exception made under this section; and
(2) explains how the exception can reasonably be expected to
produce benefits to the public that outweigh possible adverse
effects.
SEC. 50003. DEPOSIT OF INSURANCE PROCEEDS.
(a) In General.--The appropriate Federal banking agency may, by
order, permit an insured depository institution to subtract from the
institution's total assets, in calculating compliance with the leverage
limit prescribed under section 38 of the Federal Deposit Insurance Act,
an amount not exceeding the qualifying amount attributable to insurance
proceeds, if the agency determines that--
(1) the institution--
(A) had its principal place of business within an area in
which the President, pursuant to section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, has
determined, on or after February 28, 1997, that a major
disaster exists, or within an area determined to be eligible
for disaster relief under other Federal law by reason of damage
related to the 1997 flooding of the Red River of the North, the
Minnesota River, and the tributaries of such rivers, on the day
before the date of any such determination;
(B) derives more than 60 percent of its total deposits from
persons who normally reside within, or whose principal place of
business is normally within, areas of intense devastation
caused by the major disaster;
(C) was adequately capitalized (as defined in section 38 of
the Federal Deposit Insurance Act) before the major disaster;
and
(D) has an acceptable plan for managing the increase in its
total assets and total deposits; and
(2) the subtraction is consistent with the purpose of section
38 of the Federal Deposit Insurance Act.
(b) Time Limit on Exceptions.--Any exception made under this
section shall expire not later than February 28, 1999.
(c) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term ``appropriate
Federal banking agency'' has the same meaning as in section 3 of
the Federal Deposit Insurance Act.
(2) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3 of
the Federal Deposit Insurance Act.
(3) Leverage limit.--The term ``leverage limit'' has the same
meaning as in section 38 of the Federal Deposit Insurance Act.
(4) Qualifying amount attributable to insurance proceeds.--The
term ``qualifying amount attributable to insurance proceeds'' means
the amount (if any) by which the institution's total assets exceed
the institution's average total assets during the calendar quarter
ending before the date of any determination referred to in
subsection (a)(1)(A), because of the deposit of insurance payments
or governmental assistance made with respect to damage caused by,
or other costs resulting from, the major disaster.
SEC. 50004. BANKING AGENCY PUBLICATION REQUIREMENTS.
(a) In General.--A qualifying regulatory agency may take any of the
following actions with respect to depository institutions or other
regulated entities whose principal place of business is within, or with
respect to transactions or activities within, an area in which the
President, pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, has determined, on or after
February 28, 1997, that a major disaster exists, or within an area
determined to be eligible for disaster relief under other Federal law
by reason of damage related to the 1997 flooding of the Red River of
the North, the Minnesota River, and the tributaries of such rivers, if
the agency determines that the action would facilitate recovery from
the major disaster:
(1) Procedure.--Exercising the agency's authority under
provisions of law other than this section without complying with--
(A) any requirement of section 553 of title 5, United
States Code; or
(B) any provision of law that requires notice or
opportunity for hearing or sets maximum or minimum time limits
with respect to agency action.
(2) Publication requirements.--Making exceptions, with respect
to institutions or other entities for which the agency is the
primary Federal regulator, to--
(A) any publication requirement with respect to
establishing branches or other deposit-taking facilities; or
(B) any similar publication requirement.
(b) Publication Required.--A qualifying regulatory agency shall
publish in the Federal Register a statement that--
(1) describes any action taken under this section; and
(2) explains the need for the action.
(c) Qualifying Regulatory Agency Defined.--For purposes of this
section, the term ``qualifying regulatory agency'' means--
(1) the Board of Governors of the Federal Reserve System;
(2) the Comptroller of the Currency;
(3) the Director of the Office of Thrift Supervision;
(4) the Federal Deposit Insurance Corporation;
(5) the Financial Institutions Examination Council;
(6) the National Credit Union Administration; and
(7) with respect to chapter 53 of title 31, United States Code,
the Secretary of the Treasury.
(d) Expiration.--Any exception made under this section shall expire
not later than February 28, 1998.
SEC. 50005. SENSE OF THE CONGRESS.
(a) Financial Services.--It is the sense of the Congress that the
Board of Governors of the Federal Reserve System, the Comptroller of
the Currency, the Director of the Office of Thrift Supervision, the
Federal Deposit Insurance Corporation, and the National Credit Union
Administration should encourage depository institutions to meet the
financial services needs of their communities and customers located in
areas affected by the 1997 flooding of the Red River of the North, the
Minnesota River, and the tributaries of such rivers.
(b) Appraisal Standards.--It is the sense of the Congress that each
Federal financial institutions regulatory agency should, by regulation
or order, make exceptions to the appraisal standards prescribed by
title XI of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 3331 et seq.) for transactions
involving institutions for which the agency is the primary Federal
regulator with respect to real property located within a disaster area
pursuant to section 1123 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3352), if the agency
determines that the exceptions can reasonably be expected to alleviate
hardships to the public resulting from such disaster that outweigh
possible adverse effects.
SEC. 50006. OTHER AUTHORITY NOT AFFECTED.
No provision of this title shall be construed as limiting the
authority of any department or agency under any other provision of law.
TITLE VI--TECHNICAL AMENDMENTS WITH RESPECT TO EDUCATION
SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES REQUIRED WITH
RESPECT TO GRADUATION RATES.
(a) Amendments.--Section 485 of the Higher Education Act of 1965
(20 U.S.C. 1092) is amended--
(1) in subsection (a)(3)(B), by striking ``June 30'' and
inserting ``August 31''; and
(2) in subsection (e)(9), by striking ``August 30'' and
inserting ``August 31''.
(b) Effective Dates.--
(1) In General.--Except as provided in paragraph (2), the
amendments made by subsection (a) are effective upon enactment.
(2) Information dissemination.--No institution shall be
required to comply with the amendment made by subsection (a)(1)
before July 1, 1998.
SEC. 60002. DATE EXTENSION.
Section 1501(a)(4) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6491(a)(4)) is amended by striking ``January 1, 1998''
and inserting ``January 1, 1999''.
SEC. 60003. TIMELY FILING OF NOTICE.
Notwithstanding any other provision of law, the Secretary of
Education shall deem Kansas and New Mexico to have timely submitted
under section 8009(c)(1) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7709(c)(1)) the States' written notices of intent to
consider payments described in section 8009(b)(1) of the Act (20 U.S.C.
7709(b)(1)) in providing State aid to local educational agencies for
school year 1997-1998, except that the Secretary may require the States
to submit such additional information as the Secretary may require,
which information shall be considered part of the notices.
SEC. 60004. HOLD HARMLESS PAYMENTS.
Section 8002(h)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(h)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(C) for fiscal year 1997 and each succeeding fiscal year
through fiscal year 2000 shall not be less than 85 percent of
the amount such agency received for fiscal year 1996 under
subsection (b).''.
SEC. 60005. DATA.
(a) In General.--Section 8003(f)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(f)(4)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``expenditure,'' after ``revenue,''; and
(B) by striking the semicolon and inserting a period;
(2) by striking ``the Secretary'' and all that follows through
``shall use'' and inserting ``the Secretary shall use''; and
(3) by striking subparagraph (B).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to fiscal years after fiscal year 1997.
SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002(i) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(i)) is amended to read as follows:
``(i) Priority Payments.--
``(1) In general.--Notwithstanding subsection (b)(1)(B), and
for any fiscal year beginning with fiscal year 1997 for which the
amount appropriated to carry out this section exceeds the amount so
appropriated for fiscal year 1996--
``(A) the Secretary shall first use the excess amount (not
to exceed the amount equal to the difference of (i) the amount
appropriated to carry out this section for fiscal year 1997,
and (ii) the amount appropriated to carry out this section for
fiscal year 1996) to increase the payment that would otherwise
be made under this section to not more than 50 percent of the
maximum amount determined under subsection (b) for any local
educational agency described in paragraph (2); and
``(B) the Secretary shall use the remainder of the excess
amount to increase the payments to each eligible local
educational agency under this section.
``(2) Local educational agency described.--A local educational
agency described in this paragraph is a local educational agency
that--
``(A) received a payment under this section for fiscal year
1996;
``(B) serves a school district that contains all or a
portion of a United States military academy;
``(C) serves a school district in which the local tax
assessor has certified that at least 60 percent of the real
property is federally owned; and
``(D) demonstrates to the satisfaction of the Secretary
that such agency's per-pupil revenue derived from local sources
for current expenditures is not less than that revenue for the
preceding fiscal year.''.
SEC. 60007. TIMELY FILING UNDER SECTION 8003.
The Secretary of Education shall treat as timely filed, and shall
process for payment, an amendment to an application for a fiscal year
1997 payment from a local educational agency under section 8003 of the
Elementary and Secondary Education Act of 1965 if--
(1) that agency is described in subsection (a)(3) of that
section, as amended by section 376 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201);
(2) that agency was not described in that subsection prior to
that amendment; and
(3) the Secretary received the amendment to the agency's
application prior to the enactment of this Act.
TITLE VII--FOOD STAMP PROGRAM
State Option to Issue Food Stamp Benefits to Certain Individuals Made
Ineligible by Welfare Reform
(a) In General.--Section 7 of the Food Stamp Act of 1977 (7 U.S.C.
2016) is amended--
(1) in subsection (a), by inserting after ``necessary, and''
the following: ``(except as provided in subsection (j))''; and
(2) by adding at the end the following:
``(j) State Option to Issue Benefits to Certain Individuals Made
Ineligible by Welfare Reform.--
``(1) In general.--Notwithstanding any other provision of law,
a State agency may, with the approval of the Secretary, issue
benefits under this Act to an individual who is ineligible to
participate in the food stamp program solely as a result of section
6(o)(2) of this Act or section 402 or 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1612 or 1613).
``(2) State payments to secretary.--
``(A) In general.--Not later than the date the State agency
issues benefits to individuals under this subsection, the State
agency shall pay the Secretary, in accordance with procedures
established by the Secretary, an amount that is equal to--
``(i) the value of the benefits; and
``(ii) the costs of printing, shipping, and redeeming
coupons, and other Federal costs, incurred in providing the
benefits, as determined by the Secretary.
``(B) Crediting.--Notwithstanding section 3302(b) of title
31, United States Code, payments received under subparagraph
(A) shall be credited to the food stamp program appropriation
account or the account from which the costs were drawn, as
appropriate, for the fiscal year in which the payment is
received.
``(3) Reporting.--To be eligible to issue benefits under this
subsection, a State agency shall comply with reporting requirements
established by the Secretary to carry out this subsection.
``(4) Plan.--To be eligible to issue benefits under this
subsection, a State agency shall--
``(A) submit a plan to the Secretary that describes the
conditions and procedures under which the benefits will be
issued, including eligibility standards, benefit levels, and
the methodology the State agency will use to determine amounts
due the Secretary under paragraph (2); and
``(B) obtain the approval of the Secretary for the plan.
``(5) Violations.--A sanction, disqualification, fine, or other
penalty prescribed under Federal law (including sections 12 and 15)
shall apply to a violation committed in connection with a coupon
issued under this subsection.
``(6) Ineligibility for administrative reimbursement.--
Administrative and other costs incurred in issuing a benefit under
this subsection shall not be eligible for Federal funding under
this Act.
``(7) Exclusion from enhanced payment accuracy systems.--
Section 16(c) shall not apply to benefits issued under this
subsection.''.
(b) Conforming Amendments.--Section 17(b)(1)(B)(iv) of the Food
Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is amended--
(1) in subclause (V), by striking ``or'' at the end;
(2) in subclause (VI), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(VII) waives a provision of section 7(j).''.
TITLE VIII--2000 DECENNIAL CENSUS
(a) The Congress finds that--
(1) the decennial enumeration of the population is one of the
most critical constitutional functions our government performs;
(2) it is the goal that the decennial enumeration of the
population be as accurate as possible, consistent with the
Constitution;
(3) the Constitution clearly states that the census is to be an
``actual enumeration'' of the population, and section 195 of title
13, United States Code, states that sampling cannot be used for
purposes of the apportionment of Representatives in Congress among
the several States;
(4) the proposed use of statistical sampling by the Bureau of
the Census exposes taxpayers to the unacceptable risk of an
inaccurate, invalid and unconstitutional census; and
(5) Congress is committed to providing the level of funding
that is required to perform the entire range of constitutional
census activities, with a particular emphasis on accurately
enumerating all individuals that have historically been
undercounted, and toward this end, the Congress is eager to see
aggressive and innovative promotion and outreach campaigns in hard-
to-count communities, the hiring of enumerators within those
localities, continued cooperation with local government on address
list development, and maximizing census employment opportunities
for individuals seeking to make the transition from welfare to
work.
(b)(1) Section 141(a) of title 13, United States Code, is amended
by adding at the end the following: ``Notwithstanding any other
provision of law, no sampling or any other statistical procedure,
including any statistical adjustment, may be used in any determination
of population for purposes of the apportionment of Representatives in
Congress among the several States.''.
(2) The amendment made by this subsection shall take effect on the
date of the enactment of this Act.
(c) None of the funds made available in this or any other Act for
any fiscal year may be used by the Department of Commerce to plan or
otherwise prepare for the use of sampling or any other statistical
procedure, including any statistical adjustment, in any determination
of population for purposes of the apportionment of Representatives in
Congress among the several States.
TITLE IX--GOVERNMENT SHUTDOWN PREVENTION ACT
SEC. 90001. SHORT TITLE.
This title may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 90002. 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 100 per cent of the rate of
operations that was provided for the program, project, or activity in
fiscal year 1997 in the corresponding regular appropriation Act for
fiscal year 1997.
(c) 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. 90003. 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. 90004. 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. 90005. 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. 90006. 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. 90007. 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. 90008. 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 Affairs, 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 ``1997 Emergency Supplemental
Appropriations Act for Recovery from Natural Disasters, and for
Overseas Peacekeeping Efforts, Including Those in Bosnia''.
Newt Gingrich,
Speaker of the House of Representatives.
Strom Thurmond,
President of the Senate pro tempore.
[Endorsement on back of bill:]
I certify that this Act originated in the House of
Representatives.
Robin H. Carle, Clerk.
by: Julie Perrier,
assistant to the clerk.