[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.

                                
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