[Congressional Record Volume 143, Number 75 (Wednesday, June 4, 1997)]
[House]
[Pages H3442-H3474]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CONFERENCE REPORT ON H.R. 1469

  Mr. LIVINGSTON submitted the following conference report and 
statement on the bill (H.R. 1469) 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:

       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     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.

[[Page H3443]]

                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.

[[Page H3444]]

                  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

[[Page H3445]]

     $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

[[Page H3446]]

     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

[[Page H3447]]

     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

[[Page H3448]]

     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

[[Page H3449]]

     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.

[[Page H3450]]

       (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

[[Page H3451]]

     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. sec. 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.

[[Page H3452]]

                     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 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 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

[[Page H3453]]

     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

[[Page H3454]]

     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.

                    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.

                         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.

                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

[[Page H3455]]

     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.

               TITLE IV--COST OF HIGHER EDUCATION REVIEW

     SEC. 40001. SHORT TITLE; FINDINGS.

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

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

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

     SEC. 40003. MEMBERSHIP OF COMMISSION.

       (a) Appointment.--The Commission shall be composed of 11 
     members as follows:
       (1) Three individuals shall be appointed by the Speaker of 
     the House.
       (2) Two individuals shall be appointed by the Minority 
     Leader of the House.
       (3) Three individuals shall be appointed by the Majority 
     Leader of the Senate.
       (4) Two individuals shall be appointed by the Minority 
     Leader of the Senate.
       (5) One individual shall be appointed by the Secretary of 
     Education.
       (b) Additional Qualifications.--Each of the individuals 
     appointed under subsection (a) shall be an individual with 
     expertise and experience in higher education finance 
     (including the financing of State institutions of higher 
     education), Federal financial aid programs, education 
     economics research, public or private higher education 
     administration, or business executives who have managed 
     successful cost reduction programs.
       (c) Chairperson and Vice Chairperson.--The members of the 
     Commission shall elect a Chairman and a Vice Chairperson. In 
     the absence of the Chairperson, the Vice Chairperson will 
     assume the duties of the Chairperson.
       (d) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for the transaction of business.
       (e) Appointments.--All appointments under subsection (a) 
     shall be made within 30 days after the date of enactment of 
     this Act. In the event that an officer authorized to make an 
     appointment under subsection (a) has not made such 
     appointment within such 30 days, the appointment may be made 
     for such officer as follows:
       (1) the Chairman of the Committee on Education and the 
     Workforce may act under such subsection for the Speaker of 
     the House of Representatives;
       (2) the Ranking Minority Member of the Committee on 
     Education and the Workforce may act under such subsection for 
     the Minority Leader of the House of Representatives;
       (3) the Chairman of the Committee on Labor and Human 
     Resources may act under such subsection for the Majority 
     Leader of the Senate; and
       (4) the Ranking Minority Member of the Committee on Labor 
     and Human Resources may act under such subsection for the 
     Minority Leader of the Senate.
       (f) Voting.--Each member of the Commission shall be 
     entitled to one vote, which shall be equal to the vote of 
     every other member of the Commission.
       (g) Vacancies.--Any vacancy on the Commission shall not 
     affect its powers, but shall be filled in the manner in which 
     the original appointment was made.
       (h) Prohibition of Additional Pay.--Members of the 
     Commission shall receive no additional pay, allowances, or 
     benefits by reason of their service on the Commission. 
     Members appointed from among private citizens of the United 
     States may be allowed travel expenses, including per diem, in 
     lieu of subsistence, as authorized by law for persons serving 
     intermittently in the government service to the extent funds 
     are available for such expenses.
       (i) Initial Meeting.--The initial meeting of the Commission 
     shall occur within 40 days after the date of enactment of 
     this Act.

     SEC. 40004. FUNCTIONS OF COMMISSION.

       (a) Specific Findings and Recommendations.--The Commission 
     shall study and make findings and specific recommendations 
     regarding the following:
       (1) The increase in tuition compared with other commodities 
     and services.
       (2) Innovative methods of reducing or stabilizing tuition.
       (3) Trends in college and university administrative costs, 
     including administrative staffing, ratio of administrative 
     staff to instructors, ratio of administrative staff to 
     students, remuneration of administrative staff, and 
     remuneration of college and university presidents or 
     chancellors.
       (4) Trends in (A) faculty workload and remuneration 
     (including the use of adjunct faculty), (B) faculty-to-
     student ratios, (C) number of hours spent in the classroom by 
     faculty, and (D) tenure practices, and the impact of such 
     trends on tuition.
       (5) Trends in (A) the construction and renovation of 
     academic and other collegiate facilities, and (B) the 
     modernization of facilities to access and utilize new 
     technologies, and the impact of such trends on tuition.
       (6) The extent to which increases in institutional 
     financial aid and tuition discounting have affected tuition 
     increases, including the demographics of students receiving 
     such aid, the extent to which such aid is provided to 
     students with limited need in order to attract such students 
     to particular institutions or major fields of study, and the 
     extent to which Federal financial aid, including loan aid, 
     has been used to offset such increases.
       (7) The extent to which Federal, State, and local laws, 
     regulations, or other mandates contribute to increasing 
     tuition, and recommendations on reducing those mandates.
       (8) The establishment of a mechanism for a more timely and 
     widespread distribution of data on tuition trends and other 
     costs of operating colleges and universities.
       (9) The extent to which student financial aid programs have 
     contributed to changes in tuition.
       (10) Trends in State fiscal policies that have affected 
     college costs.
       (11) The adequacy of existing Federal and State financial 
     aid programs in meeting the costs of attending colleges and 
     universities.
       (12) Other related topics determined to be appropriate by 
     the Commission.
       (b) Final Report.--
       (1) In general.--Subject to paragraph (2), the Commission 
     shall submit to the President and to the Congress, not later 
     than 120 days after the date of the first meeting of the 
     Commission, a report which shall contain a detailed 
     statement of the findings and conclusions of the 
     Commission, including the Commission's recommendations for 
     administrative and legislative action that the Commission 
     considers advisable.
       (2) Majority vote required for recommendations.--Any 
     recommendation described in paragraph (1) shall be made by 
     the Commission to the President and to the Congress only if 
     such recommendation is adopted by a

[[Page H3456]]

     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.

[[Page H3457]]

     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

[[Page H3458]]

     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 and Housing and Urban 
     Development, and sundry independent agencies, boards, 
     commissions, corporations, and offices.
       (7) Energy and water development.
       (8) Foreign assistance and related programs.
       (9) The Department of the Interior and related agencies.
       (10) Military construction.
       (11) The Department of Transportation and related agencies.
       (12) The Treasury Department, the U.S. Postal Service, the 
     Executive Office of the President, and certain independent 
     agencies.
       (13) The legislative branch.
       This Act may be cited as the ``1997 Emergency Supplemental 
     Appropriations Act for Recovery from Natural Disasters, and 
     for Overseas Peacekeeping Efforts, Including Those in 
     Bosnia''.
       And the Senate agree to the same.
     Bob Livingston,
     Joseph M. McDade,
     Bill Young,
     Ralph Regula,
     Jerry Lewis,
     John Edward Porter,
     Harold Rogers,
     Joe Skeen,
     Frank R. Wolf,
     Jim Kolbe,
     Ron Packard,
     Sonny Callahan,
     James T. Walsh,
     Charles H. Taylor,
                                Managers on the Part of the House.

     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Pete V. Domenici,
     Christopher S. Bond,
     Slade Gorton,
     Mitch McConnell,
     Conrad Burns,
     Richard C. Shelby,
     Judd Gregg,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Larry Craig,
     Lauch Faircloth,
     Kay Bailey Hutchison,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 1469) 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, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effects of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       Report language included by the House in the report 
     accompanying H.R. 1469 (H. Rept. 105-83) which is not changed 
     by the Senate in the report accompanying S. 672 (S. Rept. 
     105-16), and Senate Report language which is not changed by 
     the conference are approved by the committee of conference. 
     The statement of the managers while repeating some report 
     language for emphasis, is not intended to negate the language 
     referred to above unless expressly provided herein.

                                TITLE I

                 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                     FOR THE DEPARTMENT OF DEFENSE

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

       Title I of the conference agreement recommends a total of 
     $1,929,480,000 in new budget authority for the Department of 
     Defense, instead of $2,039,880,000 as proposed by the House 
     and $1,805,480,000 as proposed by the Senate. This level is 
     $168,734,000 less than the amount requested by the President. 
     The new budget authority in this title is totally offset by 
     rescissions of previously appropriated defense funds totaling 
     $1,929,632,000 in chapter 2 of this title.
       Of the amounts in this title, $1,774,200,000 is provided 
     for contingency operations in Bosnia and Southwest Asia, 
     instead of $1,910,400,000 as proposed by the House and 
     $1,657,000,000 as proposed by the Senate. This recommendation 
     is $232,014,000 below the amount requested by the President.
       The following table provides details of the supplemental 
     appropriations in Title I, Chapter 1 of the conference 
     agreement:

                           TITLE I--SUPPLEMENTAL APPROPRIATIONS, DEPARTMENT OF DEFENSE                          
                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                     Budget                                     
                                                                    request      House      Senate    Conference
----------------------------------------------------------------------------------------------------------------
Military personnel:                                                                                             
    Military personnel, Army.....................................      322.8      306.8       306.8       306.8 
    Military personnel, Navy.....................................        7.9        7.9         7.9         7.9 
    Military personnel, Marine Corps.............................        0.3        0.3         0.3         0.3 
    Military personnel, Air Force................................       29.1       29.1        29.1        29.1 
                                                                  ----------------------------------------------
      Total, Military personnel..................................      360.1      344.1       344.1       344.1 

[[Page H3459]]

                                                                                                                
Operation and maintenance:                                                                                      
    Overseas contingency operations transfer fund................     1646.1    1,566.3     1,312.9     1,430.1 
    Bosnia:                                                                                                     
        Army LOGCAP/Other Support................................  .........    (-262.8)    (-146.0)    (-262.8)
        Army OPTEMPO.............................................  .........     (138.0)      (21.0)     (138.0)
        Navy OPTEMPO Reduction...................................  .........     (-10.0)     (-10.0)     (-10.0)
        NIMA.....................................................  .........  ..........      (-2.6)      (-2.6)
        Overocean costs reimbursement to DBOF-T..................  .........  ..........     (-62.0)     (-62.0)
        SOCOM OPTEMPO Reduction..................................  .........      (-9.0)      (-9.0)      (-9.0)
        Projected OPTEMPO and force reductions...................  .........  ..........     (-66.0)  ..........
                                                                  ----------------------------------------------
          Subtotal...............................................  .........    (-143.8)    (-274.6)    (-208.4)
    Southwest Asia:                                                                                             
        Navy-Enhanced Southern Watch OPTEMPO.....................  .........      (20.0)  ..........      (15.0)
        Air Force-Enhanced Southern Watch OPTEMPO................  .........       (8.0)  ..........      (15.0)
        Air Force-Desert Focus (Force Protection)................  .........      (37.0)  ..........      (37.0)
        OSIA Reduced Monitoring Activity.........................  .........      (-1.0)  ..........      (-1.0)
        Projected OPTEMPO and force reductions...................  .........  ..........     (-34.0)     (-34.0)
                                                                  ----------------------------------------------
          Subtotal...............................................  .........      (64.0)     (-34.0)      (17.0)
    Other Adjustments:                                                                                          
        Drawdown Recovery Costs..................................  .........  ..........     (-24.6)     (-24.6)
                                                                  ----------------------------------------------
          Total, Operation and Maintenance.......................  .........     (-79.8)    (-333.2)    (-216.0)
                                                                  ----------------------------------------------
          Total, Contingency Operations Funding..................    2,006.2    1,910.4     1,657.0     1,774.2 
                                                                  ----------------------------------------------
    Operation and Maintenance, General:                                                                         
        OPLAN 34A/35 P.O.W. Payments.............................       20.0       20.0        20.0        20.0 
    Revolving and management funds:                                                                             
        Reserve Mobilization Income Insurance Fund...............       72.0       72.0        72.0        72.0 
          Total, Supplemental Request............................    2,098.2    2,002.4     1,749.0     1,866.2 
    Other adjustments:                                                                                          
        Defense Health Program...................................  .........       21.0   ..........       21.0 
        O&M, Defense-Wide (Force Protection).....................  .........       10.0   ..........       10.0 
        Overseas Humanitarian, Disaster and Civic Aid............  .........  ..........       50.0        25.8 
        Family Housing, Navy and Marine Corps....................  .........        6.5         6.5         6.5 
                                                                  ----------------------------------------------
          Total, Title I.........................................    2,098.2    2,039.9     1,805.5     1,929.5 
----------------------------------------------------------------------------------------------------------------

                           Bosnia Operations

       The conferees agree with the concerns raised in the House 
     report regarding the Bosnia deployment, and also concur with 
     the position taken by the Secretary of Defense that the 
     American ground force deployment to Bosnia should be ended by 
     not later than June 1998. The conferees believe that should 
     the President determine that events require U.S. 
     participation in the Stabilization Force or any successor 
     force in Bosnia beyond this date, the President should and 
     must seek the approval of the Congress.
       The conferees direct the President to provide the quarterly 
     reports regarding the Bosnia deployment as described in the 
     House report. The conference agreement also includes a 
     general provision (Section 105) requiring the President to 
     provide a report within sixty days of enactment regarding 
     cumulative costs stemming from various U.S. efforts 
     associated with Bosnia.

                  Contingency Operations Cost Controls

       The conferees agree with language in the Senate report 
     directing the Department of Defense to identify costs by 
     individual contingency operation; to notify Congress 30 days 
     in advance if the Department expects to exceed the budgeted 
     amount for a contingency; and to continue to meet the 
     quarterly reporting requirement for the use of funds provided 
     in the ``Overseas Contingency Operations Transfer Fund''.

                     General Provisions, Chapter 1

       The conferees agree to retain Section 101, as proposed by 
     the Senate, which allows the Secretary of the Navy to 
     transfer up to $23,000,000 to reimburse accounts which have 
     been depleted to repair Marine Corps facilities damaged by 
     hurricanes, flooding, and other natural disasters during 1996 
     and 1997.
       The conferees agree to restore Section 102, as proposed by 
     the House, which provides $21,000,000 to the ``Defense Health 
     Program'', only for direct patient care at military treatment 
     facilities. These funds are to be used only to improve the 
     level of direct care of military service members and their 
     dependents at military treatment facilities. The conferees 
     direct the Department of Defense to report to the Committees 
     on Appropriations by July 1, 1997 on the use of these funds 
     showing amounts, location, and justification for each project 
     or activity.
       The conferees agree to restore Section 103, as proposed by 
     the House, which provides $10,000,000 to ``Operation and 
     Maintenance, Defense-Wide'', only for additional force 
     protection and counter-terrorism initiatives as directed in 
     the House report language. Prior to obligation of these 
     funds, the Vice Chairman of the Joint Chiefs of Staff shall 
     provide to the Appropriations Committees a detailed plan for 
     utilization of these funds.
       The conferees agree to delete language proposed by the 
     Senate which would have provided up to $100,000,000 of 
     additional transfer authority for costs associated with 
     ongoing operations in Bosnia and Southwest Asia.
       The conferees agree to amend Section 104, as proposed by 
     the Senate, to provide an additional $25,800,000 to the 
     ``Overseas Humanitarian, Disaster and Civic Aid'' program, 
     for a grant to the American Red Cross for armed forces 
     emergency services.
       The conferees agree to amend Section 105, as proposed by 
     the Senate, requiring the President to submit to Congress 60 
     days after enactment of this Act a cost report which outlines 
     all U.S. government expenditures in Bosnia since December 1, 
     1995.

                      Marine Corps Family Housing

       In section 106, the conferees agree to appropriate 
     $6,480,000, as provided in both the House and the Senate 
     bills, to partially reimburse the Family Housing, Navy and 
     Marine Corps account for hurricane repair Operation and 
     Maintenance costs that have been absorbed. This appropriation 
     is offset fully by a rescission of $6,480,000 (in Title, 
     Chapter 2, section 202).
       In addition, if any foreign currency fluctuation savings 
     are realized within the Family Housing, Navy and Marine Corps 
     account, the conferees direct the Navy to further reimburse 
     the Marine Corps for hurricane repair costs that have been 
     absorbed.

                               CHAPTER 2

                              RESCISSIONS

       The conference agreement rescinds a total of $1,929,632,000 
     from funds previously provided in Department of Defense and 
     Military Construction Appropriations Acts, instead of 
     $2,040,347,000 as proposed by the House and $1,905,943,000 as 
     proposed by the Senate.
       These rescissions include: $299,250,000 in various accounts 
     resulting from revised inflation estimates, $420,000,000 due 
     to revised foreign currency fluctuation requirements, 
     $232,263,000 in unobligated balances in various accounts that 
     are expected to expire at the end of the current fiscal year 
     (based on estimates provided by the Department of Defense), 
     and $782,639,000 in specific program reductions, all from 
     previously enacted Department of Defense Appropriations Acts; 
     and $195,480,000 from previously enacted Military 
     Construction Acts.
       The conference agreement specifically denies the 
     $10,000,000 rescission in ``Operation and Maintenance, 
     Defense-Wide'', as proposed by the President (R97-4), and the 
     $62,000,000 rescission in ``National Guard and Reserve 
     Equipment'', as proposed by the President (R97-5). The 
     conferees agree with the direct in the Senate report 
     regarding the release of National Guard and Reserve Equipment 
     funds to the National Guard Bureau for obligation.
       A summary of the rescissions from previously enacted 
     Department of Defense Appropriations Act found in Title I, 
     Chapter 2 is shown in the following table:

[[Page H3460]]



----------------------------------------------------------------------------------------------------------------
                                                             House              Senate            Conference    
----------------------------------------------------------------------------------------------------------------
           Department of Defense--Military                                                                      
                                                                                                                
Fiscal year 1993:                                                                                               
    Shipbuilding and Conversion, Navy: Unobligated                                                              
     Balances.......................................        -$10,000,000        -$10,000,000        -$10,000,000
Fiscal year 1994:                                                                                               
    Shipbuilding and Conversion, Navy: Service Craft        -$28,700,000                  $0        -$18,700,000
Fiscal year 1995:                                                                                               
    Aircraft Procurement, Army: Unobligated Balances         -$1,085,000         -$1,085,000         -$1,085,000
    Missile Procurement, Army: Unobligated Balances.         -$2,707,000         -$2,707,000         -$2,707,000
    Procurement of Weapons and Tracked Combat                                                                   
     Vehicles, Army: Unobligated Balances...........         -$2,296,000         -$2,296,000         -$2,296,000
    Procurement of Ammunition, Army: Unobligated                                                                
     Balances.......................................         -$3,236,000         -$3,236,000         -$3,236,000
    Other Procurement, Army: Unobligated Balances...         -$2,502,000         -$2,502,000         -$2,502,000
    Aircraft Procurement, Navy: Unobligated Balances        -$34,000,000        -$34,000,000        -$34,000,000
    Weapons Procurement, Navy: Unobligated Balances.        -$16,000,000        -$16,000,000        -$16,000,000
    Procurement of Ammunition, Navy and Marine                                                                  
     Corps: Unobligated Balances....................           -$812,000           -$812,000           -$812,000
    Other Procurement, Navy: Unobligated Balances...         -$4,237,000         -$4,237,000         -$4,237,000
    Procurement, Marine Corps: Unobligated Balances.         -$1,207,000         -$1,207,000         -$1,207,000
    Aircraft Procurement, Air Force:                                                                            
        JSTARS, Advanced Procurement................        -$14,400,000                  $0        -$14,400,000
        Unobligated Balances........................        -$33,650,000        -$33,650,000        -$34,976,000
    Missile Procurement, Air Force:                                                                             
        Missile Replacement Equipment...............         -$4,000,000                  $0         -$4,000,000
        Unobligated Balances........................         -$7,195,000         -$7,195,000        -$12,020,000
    Other Procurement, Air Force: Unobligated                                                                   
     Balances.......................................         -$3,659,000         -$3,659,000         -$3,659,000
    Procurement, Defense-Wide: Unobligated Balances.        -$12,881,000         -$4,860,000         -$8,860,000
    National Guard and Reserve Equipment:                                                                       
     Unobligated Balances...........................         -$5,029,000         -$5,029,000         -$5,029,000
    Chemical Agents and Munitions Destruction,                                                                  
     Defense: Unobligated Balances..................           -$456,000           -$456,000           -$456,000
Fiscal year 1996:                                                                                               
    Aircraft Procurement, Army:                                                                                 
        Blackhawk, Advanced Procurement.............         -$5,000,000                  $0                  $0
        Spares......................................         -$8,000,000                  $0                  $0
        Avionics Support Equipment..................         -$5,000,000                  $0         -$5,000,000
    Procurement of Weapons and Tracked Combat                                                                   
     Vehicles, Army:                                                                                            
        Carrier Mods................................         -$3,000,000                  $0         -$2,000,000
        Bradley Fighting Vehicle System.............        -$10,000,000                  $0         -$5,400,000
        Weapons/Combat Vehicle (Tank Carryover).....        -$13,000,000                  $0         -$8,000,000
    Procurement of Ammunition, Army:                                                                            
        Provision of Industrial Facilities..........         -$8,000,000         -$8,000,000         -$8,000,000
        Layaway Industrial Facilities...............         -$6,000,000         -$6,000,000         -$6,000,000
        Ammunition Base (Conventional Ammunition                                                                
         Demil).....................................        -$20,000,000                  $0         -$4,000,000
    Procurement of Ammunition, Navy and Marine                                                                  
     Corps: Unobligated Balances....................                  $0         -$4,000,000                  $0
    Other Procurement, Navy: Shipboard Tactical                                                                 
     Communications.................................         -$3,000,000         -$3,000,000         -$3,000,000
    Procurement, Marine Corps: Unobligated Balances.                  $0         -$4,000,000                  $0
    Aircraft Procurement, Air Force:                                                                            
        JSTARS......................................        -$25,000,000        -$25,000,000        -$25,000,000
        F-16........................................        -$12,000,000                  $0                  $0
        F-16 Post Production Support................        -$15,000,000        -$15,000,000        -$15,000,000
    Procurement of Ammunition, Air Force: CBU-87....        -$21,100,000                  $0         -$7,700,000
    Other Procurement, Air Force: Strategic C2......        -$10,000,000        -$10,000,000        -$10,000,000
    Procurement, Defense-Wide:                                                                                  
        DISA........................................        -$12,000,000                  $0         -$8,000,000
        Major Equipment.............................        -$10,700,000                  $0         -$8,113,000
        SDIO Major Equipment........................        -$12,100,000                  $0                  $0
    Research, Development, Test and Evaluation,                                                                 
     Army: Unobligated Balances.....................         -$4,366,000         -$4,366,000         -$4,366,000
    Research, Development, Test and Evaluation,                                                                 
     Navy:                                                                                                      
        MK-48 ADCAP (CBASS--New Start)..............         -$4,000,000                  $0         -$1,900,000
        Standard Missile Improvements (LASM-New                                                                 
         Start).....................................           -$500,000                  $0                  $0
        Unobligated Balances........................        -$14,978,000        -$14,978,000        -$14,978,000
    Research, Development, Test and Evaluation, Air                                                             
     Force:                                                                                                     
        Night Precision Attack......................         -$2,000,000                  $0         -$2,000,000
        Unobligated Balances........................        -$28,396,000        -$28,396,000        -$22,245,000
    Research, Development, Test and Evaluation,                                                                 
     Defense-Wide:                                                                                              
        University Research.........................         -$9,200,000                  $0                  $0
        Defense Reinvestment........................         -$6,200,000         -$6,200,000         -$6,200,000
        Medical Electron Laser......................         -$3,300,000                  $0                  $0
        High Performance Computer...................         -$1,600,000                  $0                  $0
        Theater High Altitude Area Defense..........        -$40,000,000        -$40,000,000        -$40,000,000
        NATO Research and Development...............         -$5,200,000                  $0                  $0
        Office of Secretary of Defense Studies......         -$5,700,000                  $0         -$3,624,000
        Unobligated Balances........................        -$55,973,000        -$34,890,000        -$45,890,000
    Developmental Test and Evaluation, Defense:                                                                 
        Central Test and Evaluation.................         -$2,200,000                  $0           -$601,000
        Foreign Cooperative Testing.................         -$6,200,000                  $0         -$2,449,000
        Test and Evaluation.........................         -$3,800,000                  $0         -$2,752,000
        Unobligated Balances........................           -$890,000           -$890,000           -$890,000
    Operatonal Test and Evaluation, Defense:                                                                    
     Unobligated Balances...........................           -$160,000           -$160,000           -$160,000
    Chemical Agents and Munitions Destruction,                                                                  
     Defense:                                                                                                   
        Unobligated Balances........................           -$652,000           -$652,000           -$652,000
        Procurement.................................        -$22,000,000        -$20,000,000        -$20,000,000
Fiscal year 1997:                                                                                               
    Military Personnel, Army: Foreign Currency                                                                  
     Savings........................................        -$37,000,000        -$46,000,000        -$57,000,000
    Military Personnel, Navy: Foreign Currency                                                                  
     Savings........................................         -$9,000,000        -$11,000,000        -$18,000,000
    Military Personnel, Marine Corps: Foreign                                                                   
     Currency Savings...............................                  $0         -$5,000,000         -$5,000,000
    Military Personnel, Air Force: Foreign Currency                                                             
     Savings........................................        -$12,000,000        -$15,000,000        -$23,000,000
    National Guard Personnel, Air Force: Endstrength                                                            
     Pricing........................................         -$7,600,000                  $0                  $0
    Operation and Maintenance, Army:                                                                            
        Capital Fund Transfer.......................        -$17,000,000                  $0        -$17,000,000
        Inflation Adjustment........................        -$19,000,000        -$19,000,000        -$19,000,000
        Foreign Currency Savings....................       -$124,000,000       -$155,000,000       -$160,000,000
    Operation and Maintenance, Navy:                                                                            
        Inflation Adjustment........................        -$24,000,000        -$24,000,000        -$24,000,000
        Foreign Currency Savings....................        -$22,000,000        -$27,000,000        -$27,000,000
    Operation and Maintenance, Marine Corps:                                                                    
        Inflation Adjustment........................                  $0         -$3,000,000                  $0
        Foreign Currency Savings....................                  $0        -$14,000,000         -$3,000,000
    Operation and Maintenance, Air Force:                                                                       
        Inflation Adjustment........................        -$18,000,000        -$18,000,000        -$18,000,000
        Foreign Currency Savings....................        -$79,000,000        -$99,000,000        -$99,000,000
    Operation and Maintenance, Defense-Wide:                                                                    
        Office of the Secretary of Defense..........        -$10,000,000                  $0                  $0
        Inflation Adjustment........................         -$8,000,000         -$8,000,000         -$8,000,000
        Foreign Currency Savings....................        -$14,000,000        -$17,000,000        -$17,000,000
    Operation and Maintenance, Army Reserve:                                                                    
     Inflation Adjustment...........................         -$1,000,000                  $0                  $0
    Operation and Maintenance, Navy Reserve:                                                                    
     Inflation Adjustment...........................         -$1,000,000                  $0                  $0
    Operation and Maintenance, Air Force Reserve:                                                               
     Inflation Adjustment...........................         -$1,000,000                  $0                  $0
    Operation and Maintenance, Army National Guard:                                                             
     Inflation Adjustment...........................         -$2,000,000                  $0                  $0
    Operational and Maintenance, Air Natinal Guard:                                                             
     Inflation Adjustment...........................         -$3,000,000                  $0                  $0
    Environmental Restoration, Army: Inflation                                                                  
     Adjustment.....................................           -$250,000           -$250,000           -$250,000
    Environmental Restoration, Navy: Inflation                                                                  
     Adjustment.....................................           -$250,000           -$250,000           -$250,000
    Environmental Restoration, Air Force: Inflation                                                             
     Adjustment.....................................           -$250,000           -$250,000           -$250,000
    Environmental Restoration, Defense-wide:                                                                    
     Inflation Adjustment...........................                  $0           -$250,000           -$250,000
    Environmental Restoration, Formerly Used Defense                                                            
     Sites: Inflation Adjustment....................           -$250,000                  $0           -$250,000
    Former Soviet Union Threat Reduction: Inflation                                                             
     Adjustment.....................................         -$2,000,000         -$2,000,000         -$2,000,000
    Aircraft Procurement Army:                                                                                  
        Inflation Adjustment........................         -$8,000,000         -$8,000,000         -$8,000,000

[[Page H3461]]

                                                                                                                
        Black Hawk, Advanced Procurement............                  $0                  $0         -$5,000,000
    Missile Procurement, Army:                                                                                  
        Inflation Adjustment........................         -$2,000,000         -$2,000,000         -$2,000,000
        ATACMS (AP).................................                  $0        -$69,000,000        -$22,000,000
    Procurement of Weapons and Tracked Combat                                                                   
     Vehicles, Army: Inflation Adjustment...........         -$5,000,000         -$5,000,000         -$5,000,000
    Procurement of Ammunition, Army:                                                                            
        Armament Retooling and Manufacutring Support        -$10,000,000        -$10,000,000        -$10,000,000
        Inflation Adjustment........................         -$1,000,000         -$1,000,000         -$1,000,000
    Other Procurement, Army:                                                                                    
        Family of Medium Tactical Vehicles..........         -$6,000,000         -$6,000,000         -$6,000,000
        Inflation Adjustment........................        -$15,000,000        -$15,000,000        -$15,000,000
    Aircraft Procurement, Navy:                                                                                 
        F-18 E/F, Advanced Procurement..............        -$48,000,000                  $0        -$24,000,000
        Inflation Adjustment........................        -$28,000,000        -$28,000,000        -$28,000,000
    Weapons Procurement, Navy: Inflation Adjustment.         -$6,000,000         -$6,000,000         -$6,000,000
    Shipbuilding and Conversion, Navy: Inflation                                                                
     Adjustment.....................................        -$33,000,000        -$33,000,000        -$33,000,000
    Other Procurement, Navy: Inflation Adjustment...         -$8,000,000         -$8,000,000         -$8,000,000
    Aircraft Procurement, Air Force:                                                                            
        F-15........................................        -$35,000,000        -$21,000,000        -$21,000,000
        Inflation Adjustment........................        -$20,000,000        -$20,000,000        -$20,000,000
    Missile Procurement, Air Force:                                                                             
        Medium Launch Vehicles......................         -$5,000,000                  $0         -$5,000,000
        Titan IV....................................       -$115,000,000       -$150,000,000       -$122,000,000
        Inertial Upper Stage........................                  $0        -$25,000,000        -$25,000,000
        Inflation Adjustment........................        -$11,000,000        -$11,000,000        -$11,000,000
    Other Procurement, Air Force:                                                                               
        Inflation Adjustment........................         -$7,000,000         -$7,000,000         -$7,000,000
        NIMA........................................                  $0                  $0        -$13,000,000
    Procurement, Defense-Wide: Inflation Adjustment.         -$5,000,000         -$5,000,000         -$5,000,000
    National Guard and Reserve Equipment: Inflation                                                             
     Adjustment.....................................         -$8,000,000                  $0         -$8,000,000
    Research, Development, Test and Evaluation,                                                                 
     Army:                                                                                                      
        C-3 Advanced Technology.....................         -$7,000,000                  $0                  $0
        Night Vision Systems........................         -$5,000,000                  $0         -$5,000,000
        155 mm Light Weight Howitzer................         -$3,000,000                  $0         -$3,000,000
        Inflation Adjustment........................        -$10,000,000        -$10,000,000        -$10,000,000
    Research, Development, Test and Evaluation Navy:                                                            
        Submarine Technology........................        -$12,000,000                  $0                  $0
        Advanced Submarine Combat Systems                                                                       
         Development................................                  $0        -$12,000,000                  $0
        Tomahawk....................................        -$10,000,000                  $0                  $0
        MK-48 ADCAP (CBASS-New Start................         -$1,000,000                  $0           -$600,000
        Standard Missile Improvements (LASM-New                                                                 
         Start).....................................         -$5,500,000                  $0                  $0
        Inflation Adjustment........................         -$9,000,000         -$9,000,000         -$9,000,000
    Research, Development, Test and Evaluation, Air                                                             
     Force:                                                                                                     
        AWACs.......................................        -$25,000,000                  $0        -$12,500,000
        Threat Simulator Development................         -$5,000,000                  $0                  $0
        Classified..................................       -$200,000,000       -$100,000,000       -$130,000,000
        WCMD........................................         -$3,500,000                  $0         -$3,500,000
        JDAM........................................         -$4,000,000                  $0         -$4,000,000
        Inflation Adjustment........................        -$22,000,000        -$22,000,000        -$22,000,000
    Research, Development, Test and Evaluation,                                                                 
     Defense-Wide:                                                                                              
        NIMA........................................                  $0        -$80,000,000        -$22,000,000
        Dual-Use Funds (COSSI)......................       -$100,000,000                  $0        -$50,000,000
        Dual-Use Funds..............................                  $0       -$100,000,000                  $0
        Inflation Adjustment........................        -$15,000,000        -$15,000,000        -$15,000,000
    National Defense Sealift Fund:..................                                                            
        LMSR........................................                  $0        -$35,000,000        -$25,200,000
    Defense Health Program:                                                                                     
        Inflation Adjustment........................        -$10,000,000                  $0        -$10,000,000
        Foreign Currency Savings....................        -$11,000,000                  $0        -$11,000,000
    Chemical Agents and Munitions Destruction,                                                                  
     Defense:                                                                                                   
        Inflation Adjustment........................         -$2,000,000         -$2,000,000         -$2,000,000
        Operation and Maintenance...................                  $0         -$5,000,000         -$5,000,000
        Procurement.................................                  $0        -$20,000,000        -$20,000,000
    Drug Interdiction and Counter-Drug Activities,                                                              
     Defense:.......................................                                                            
        Inflation Adjustment........................         -$2,000,000         -$2,000,000         -$2,000,000
                                                     -----------------------------------------------------------
      Total.........................................     -$1,853,867,000     -$1,664,463,000     -$1,734,152,000
----------------------------------------------------------------------------------------------------------------

                       application of rescissions

       The conferees agree to the detailed instructions in the 
     House report specifying the manner in which rescissions made 
     to updated inflation estimates are to be applied to each 
     budget activity, activity group, and subactivity group.


                             service craft

       The conferees agree to rescind $18,700,000 of fiscal year 
     1994 ``Shipbuilding and Conversion, Navy'' funds for service 
     craft, rather than $28,700,000 as proposed by the House. The 
     rescinded funds are for a barracks craft for which the Navy 
     does not plan to obligate funds until fiscal year 1998. The 
     conferees note there are additional funds in the 1998 budget 
     for this purpose. This action is solely due to the three year 
     delay in program execution, and does not preclude the Navy 
     from reinstating these funds in future fiscal years if 
     appropriate. None of the rescission is to be applied to the 
     YDT 17 Diving Tender program.


                                 atacms

       The conferees agree to rescind $22,000,000 of fiscal year 
     1997 funds appropriated for economic order quantity (EOQ) 
     purchases associated with a proposed ATACMS Block IA 
     multiyear program, rather than the $69,000,000 proposed by 
     the Senate. The conferees note that changing circumstances in 
     the program have led the Army to defer its plans for a 
     multiyear acquisition strategy for the ATACMS Block IA 
     missile. However, the conferees note that there are 
     outstanding requirements in the ATACMS program and therefore 
     direct the Army to: (1) reprogram $3,200,000 to the Research, 
     Development, Test and Evaluation, Army account to cover 
     requirements associated with the extended ATACMS Block IA 
     development program; and (2) with the remaining $43,800,000, 
     procure additional Block I missiles in fiscal year 1997 and/
     or procure Block IA missiles as part of the fiscal year 1998 
     Block IA full rate production contract. The Army is directed 
     to provide the Appropriations Committees within 30 days a 
     detailed plan outlining its planned use of these funds.


                         cbass torpedo program

       The conference agreement rescinds $2,500,000 from the CBASS 
     torpedo program, rather than $5,000,000 as proposed by the 
     House. The conferees direct that none of the rescission may 
     be applied to ongoing torpedo test and evaluation support 
     activities.


                                tomahawk

       The conferees do not agree to rescind $10,000,000 in fiscal 
     year 1997 Tomahawk research and development funding, as 
     proposed by the House. However, the conferees are aware the 
     Navy is considering several alternatives with regard to the 
     future direction of the Tomahawk program which could affect 
     the Navy's use of these fiscal year 1997 funds as well as the 
     fiscal year 1998 Tomahawk program. The conferees direct that 
     the Secretary of the Navy submit a report to the 
     Appropriations Committees detailing the Navy's plans to 
     obligate these fiscal year 1997 funds, and further direct 
     that none of these funds may be obligated until 30 days after 
     submission of this report.


                         classified activities

       The conference agreement includes rescissions against 
     certain classified activities. The conferees direct these 
     rescissions be carried out in conformance with the classified 
     annex accompanying this conference report.


                     General provisions, chapter 2

       The conferees agree to delete specific general provisions, 
     as proposed by the House, which rescinded funds to reflect 
     savings from revised economic assumptions, revised foreign 
     currency exchange rates, amounts associated with unobligated 
     balances, and amounts associated with prior year 
     appropriations that were expected to expire at the end of 
     fiscal year 1997. Rescissions in these categories approved by 
     the conferees are included in Title 1, Chapter 2 of the 
     conference agreement.
       The conferees agree to delete language, as proposed by the 
     Senate, which recommended repealing Section 5803 of Public 
     Law 104-208.

[[Page H3462]]

                         DEPARTMENT OF DEFENSE

                         Military Construction


                             (rescissions)

       In section 201, the conferees agree to rescissions of 
     fiscal year 1996 appropriated amounts totaling $180,000,000 
     to offset unbudgeted costs associated with contingency 
     operations, which is identical to the amounts in both the 
     House and the Senate bills, with a technical correction to 
     one account. In addition, the conferees agree to rescissions 
     of fiscal year 1997 appropriated amounts totaling $9,000,000 
     to further offset unbudgeted costs associated with 
     contingency operations, rather than $55,000,000 as proposed 
     by the Senate. The House bill contained no rescission of 
     fiscal year 1997 funds. These amounts are rescinded to 
     reflect savings from revised economic assumptions, as 
     follows:
Military Construction, Army...................................1,000,000
Military Construction, Navy...................................2,000,000
Military Construction, Air Force..............................3,000,000
Military Construction, Defense-wide...........................3,000,000
                                                       ________________
                                                            9,000,000

       The conferees direct that these rescissions reflecting 
     savings from revised economic assumptions and program 
     execution, totaling $189,000,000, shall not result in the 
     delay or reduction in scope of any project for which funds 
     have been appropriated.
       In section 202, the conferees also agree to project 
     cancellation and rescission of $6,480,000 from funds 
     appropriated in fiscal year 1995 for a bachelor enlisted 
     quarters project at Norfolk, Virginia, as provided in both 
     the House and the Senate bills, to offset fully funds 
     appropriated (in Title I, Chapter 1, section 106) for repair 
     of hurricane-damaged family housing units.


                     General provisions, chapter 3

       The conferees agree to delete language proposed by the 
     House limiting the obligation of funds to the current fiscal 
     year unless otherwise specified. This language has been 
     included in Title III which will apply to the entire Act.
       The conferees agree to delete, without prejudice, language 
     proposed by the House which placed certain administrative 
     requirements on the Office of the Assistant Secretary of the 
     Navy (Financial Management and Comptroller). The conferees 
     share the concerns expressed in the House report, but do not 
     believe that legislation is warranted at this time. The 
     conferees commend the leadership of the Navy for its prompt 
     attention to the concerns expressed by the House, as 
     evidenced by recent written assurances from the Secretary of 
     the Navy that Navy financial management procedures and 
     processes are being reassessed and revised. The conferees 
     expect the Navy to fully address the concerns expressed in 
     the House report, advise the Appropriations Committees on its 
     progress in developing a plan to strengthen its financial 
     management procedures, and continue a dialogue with the 
     Committees with the goal of attaining efficient program 
     execution of appropriated funds. The conferees will monitor 
     the Navy's progress in strengthening its financial management 
     procedures.
       The conferees agree to amend Section 301, as proposed by 
     the Senate. The conferees understand that the Ballistic 
     Missile Defense Organization (BMDO) has no plans to transfer 
     management, development, and acquisition authority over the 
     National Missile Defense Program from the military services 
     until the contract for a Lead System Integrator (LSI) for the 
     National Missile Defense Program is awarded. Section 301 of 
     the conference agreement directs the Department of Defense to 
     provide a report to the congressional defense committees 30 
     days prior to taking any action to transfer management, 
     development, and acquisition authority over the National 
     Missile Defense Program from the military services. The 
     conferees further direct that BMDO provide a report to the 
     congressional defense committees on the specific plans for 
     transferring management responsibility under the LSI 
     acquisition strategy within 30 days of enactment of this Act. 
     Section 301 also directs an analysis by the Joint 
     Requirements Oversight Council (JROC) regarding recommended 
     roles of the military services in regards to National Missile 
     Defense, with the results of said analysis to be provided to 
     the congressional defense committees within 60 days of 
     enactment, and directs that no actions shall be taken to 
     delay or defer planned activities under the National Missile 
     Defense Program based solely on the conduct of this JROC 
     analysis.
       The conferees agree to retain Section 302, as proposed by 
     the Senate, which allows the Secretary of Defense 
     discretionary authority to allow his designee on the Board of 
     the Panama Canal Commission to continue service.
       The conferees agree to amend Section 303, as proposed by 
     the Senate, allowing the Secretary of Defense to enter into a 
     lease agreement in support of the Defense Finance and 
     Accounting Service at Lexington Blue Grass Station, Kentucky.
       The conferees agree to amend Section 304, as proposed by 
     the Senate, with regard to the MK-50 torpedo program.
       The conferees agree to retain Section 305, as proposed by 
     the Senate, which limits manpower for the National Missile 
     Defense Joint Program Office in the National Capital Region.
       The conferees agree to amend Section 306, as proposed by 
     the Senate, which provides the Air Force the authority to 
     accept funds transferred by NASA in reimbursement of expenses 
     incurred by the Air Force in support of the Cassini mission.
       The conferees agree to include Section 307, which makes a 
     technical correction requested by the Department of Defense 
     regarding eligibility for the Defense Experimental Program to 
     Stimulate Competitive Research.

                  Other Department of Defense Programs


                     airborne mine countermeasures

       The conferees support the intent of language in the House 
     report regarding the need to acquire airborne mine 
     countermeasures capability as soon as practicable. Therefore, 
     they direct the Navy to complete the competitive flyoff 
     directed in the report accompanying the conference agreement 
     on the fiscal year 1997 Department of Defense Appropriations 
     Act by September 30, 1997. The conferees note that the fiscal 
     year 1997 Department of Defense Appropriations Act provided 
     $12,000,000 for this flyoff, but stipulated that all concepts 
     were to be given an opportunity to compete in this effort. 
     The conferees further explained that they are aware of a 
     system which uses hyperspectral data in meeting this 
     requirement and strongly recommend that the Navy include this 
     technology in its competitive flyoff.


                     advanced spacecraft technology

       The conferees direct that the Department of Defense proceed 
     expeditiously with a thorough review of hyperspectral 
     technology, existing hyperspectral sensors, planned sensors, 
     and Warfighter-1. The review shall include representation 
     from the Air Force Phillips Lab as well as experts outside 
     the government. Based on this review, the Office of the 
     Undersecretary of Defense for Acquisition and Technology 
     shall make a decision whether to proceed with the current 
     Warfighter program or a restructured hyperspectral program no 
     later than June 30, 1997. The conferees further direct that 
     none of the funds appropriated for Warfighter-1 shall be 
     reallocated or reprogrammed until 15 days after the Congress 
     is informed of the Department of Defense's plans.


         u.s. forces korea point obstacle breaching capability

       The conferees are aware of Army proposals to shift the 
     point obstacle breaching mission in Korea from outdated and 
     expensive Combat Engineer Vehicles mounted with 165mm guns to 
     M1 Abrams tanks using special tank munitions (XM98). The Army 
     is directed to report on the status of this plan to the 
     Appropriations Committees no later than July 1, 1997. Such 
     report shall describe the results of the XM908 test program, 
     the status of changing the demolition mission in Korea, and 
     the estimated future procurement requirement and cost for the 
     XM908 round by fiscal year.


                           new start programs

       The conferees agree with the House position with regard to 
     the Navy's initiation of new programs without the prior 
     approval of the Office of the Secretary of Defense (OSD) and 
     Congress. Advance Congressional review and approval is a 
     fundamental requirement for proper use of appropriated funds. 
     Therefore, the conferees fully expect the Navy to comply with 
     the longstanding OSD reprogramming procedures on all proposed 
     new start programs.

                                TITLE II

    EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM NATURAL 
                               DISASTERS

                               CHAPTER 1

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

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


           agricultural credit insurance fund program account

       The conference agreement provides a subsidy level of 
     $18,000,000 for emergency insured loans, as proposed by the 
     Senate. This allows for a program loan level of approximately 
     $59,000,000. The agreement also includes a subsidy level of 
     $5,000,000 for guaranteed subsidized operating loans, instead 
     of $10,000,000 as proposed by the Senate. This allows for a 
     loan level of approximately $55,000,000. In addition, the 
     conference agreement provides $6,300,000 for direct farm 
     operating loans, instead of $12,600,000 as proposed by the 
     Senate. This will fund approximately $50,000,000 in 
     additional loans. The House had no similar provisions.


                     emergency conservation program

       The conference agreement provides $70,000,000 for the 
     emergency conservation program instead of $65,000,000 as 
     proposed by the House and $77,000,000 as proposed by the 
     Senate.


                        tree assistance program

       The conference agreement provides $9,000,000 for emergency 
     assistance to small orchardists to replace or rehabilitate 
     trees and vineyards damaged by natural disasters as proposed 
     by the House instead of $9,500,000 as proposed by the Senate. 
     These funds are available for all states affected by natural 
     disasters. The agreement also deletes the use of $500,000 of 
     this amount for the Forestry Incentives Program as proposed 
     by the Senate. The House bill contained no similar provision.

[[Page H3463]]

                   Commodity Credit Corporation Fund


                  Disaster Reserve Assistance Program

       The conference agreement provides for a livestock indemnity 
     program of up to $50,000,000 to be derived from proceeds from 
     the sale of grain in the disaster reserve as proposed by the 
     Senate. The House bill contained no similar provision.

                 Natural Resources Conservation Service


               Watershed and Flood Prevention Operations

       The conference agreement provides $166,000,000 for 
     emergency watershed and flood prevention operations, instead 
     of $150,700,000 as proposed by the House and $171,000,000 as 
     proposed by the Senate. These funds are available for all 
     states affected by natural disasters. The agreement allows up 
     to $15,000,000 of the total to be used for floodplain 
     easements, instead of $10,000,000 as proposed by the House 
     and $20,000,000 as proposed by the Senate. The agreement 
     prohibits the use of these funds for the salmon memorandum of 
     understanding as proposed by the House.

                         Rural Housing Service


              Rural Housing Insurance Fund Program Account

                    Rural Housing Assistance program

       The conference agreement deletes $250,000 in funding for 
     Section 515 Rural Housing loans and $4,000,000 for the Rural 
     Housing Assistance Program, as proposed by the Senate. The 
     House bill had no similar provisions. The conference 
     agreement retains Senate bill language providing that 
     unexpended emergency funds from prior year disaster 
     assistance acts may be used for Sections 502 and 515 rural 
     housing loans, very low-income housing repair loans and 
     grants, and domestic farm labor grants. The House bill had no 
     similar provisions. The conference agreement includes bill 
     language making the College Station area of Pulaski County, 
     Arkansas, eligible for loans and grants from the Rural 
     Housing Service, as proposed by the House and as referenced 
     in the Senate report. The conference agreement also provides 
     that the same eligibility criteria for community facility 
     loans be used to determine eligibility for community facility 
     grants to disaster-affected areas as proposed by the Senate. 
     The House bill contained no similar provision.
       The conferees support the continuation of New York State's 
     Section 515 Rural Rental Housing Leveraged Loan Program. This 
     pilot program would provide the Rural Housing Service with 
     the flexibility to consider community based needs assessment 
     criteria in its designation of new loans.

                        Rural Utilities Service


                   Rural Utilities Assistance Program

       The conference agreement provides $4,000,000 for the Rural 
     Utilities Assistance Program instead of $6,500,000 as 
     provided in the Senate bill. These funds are available for 
     all States affected by natural disasters. The House bill had 
     no similar provision.

                       Food and Consumer Service


Special Supplemental Nutrition Program for Women, Infants, and Children 
                                 (WIC)

       The conference agreement provides $76,000,000 for the 
     special supplemental nutrition program for women, infants, 
     and children (WIC) as proposed by the House instead of 
     $58,000,000 as proposed by the Senate.
       The Administration has stated that $76,000,000 in WIC 
     supplemental funding is needed to maintain the fiscal year 
     1996 year-end participation level of 7,408,981. The 
     conference agreement includes language as proposed by both 
     the House and Senate which allows the Secretary to waive the 
     regulatory funding formula when allocating the $76 million 
     provided by this Act. It is the intent of the conferees that 
     the Secretary use this authority to distribute these 
     additional funds to prevent caseload reductions in state 
     programs facing funding shortfalls. These funds are not 
     intended to be used to expand enrollment beyond the fiscal 
     year 1996 year-end participation level.


                  Commodity Futures Trading Commission

       The conferees are aware of the Chicago Board of Trade's 
     proposal relating to delivery specifications for corn and 
     soybean futures contracts and the importance of this proposal 
     to individuals and firms in proximity to current delivery 
     points, such as Toledo, Ohio. The conferees urge the 
     Commission to act promptly on the pending proposal for corn 
     and soybean delivery specifications using the appropriate 
     criteria under the Commodity Exchange Act, meeting the 
     standards set forth in section 5a(a)(10) of the Act, which 
     require delivery points that ``will tend to prevent or 
     diminish price manipulation, market congestion, or the 
     abnormal movement of such commodity in interstate commerce.'' 
     The conferees expect that the Commission will take all 
     reasonable steps to solicit public comment on the proposal 
     and will give due regard to the views of the full range or 
     market users and others having an interest in its decision of 
     the pending proposal for corn and soybean delivery 
     specifications. The conferees also believe that a study by 
     the General Accounting Office, provided to the Commission and 
     to the appropriate Congressional committees, may be helpful 
     to address issues relating to corn and soybean futures 
     contract delivery specifications.


                      GENERAL PROVISION, Chapter 1

                        bulk cheese price survey

       The conference agreement retains Senate bill language 
     requiring the Department of Agriculture to provide a weekly 
     report on prices and terms of trade involving the production 
     of bulk cheese. The House bill had no similar provision.

                               CHAPTER 2

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

                         DEPARTMENT OF JUSTICE

                         General Administration


                            counterterrorism

       The conferees direct the Attorney General to provide 
     $6,361,000 to the Federal Bureau of Investigation (FBI) from 
     resources currently available in the Counterterrorism Fund to 
     reimburse the State of New York and certain local 
     jurisdictions in New York for their assistance in the 
     investigation of the crash of TWA Flight 800, instead of 
     providing $12,420,000 to the FBI from this Fund for this 
     purpose, as proposed in the House report. The Senate bill 
     included $12,420,000 under the Department of Transportation, 
     Federal Aviation Administration for reimbursement of these 
     expenses.
       The amount included in the conference agreement represents 
     costs for extraordinary expenses incurred by these 
     jurisdictions in support of the FBI's investigation that the 
     Department of Justice has verified to the Committee are 
     appropriate for reimbursement from this Fund. The conference 
     agreement also includes funding for other expenses related to 
     the recovery operation, which are not covered by the 
     Counterterrorism Fund, under the National Transportation 
     Safety Board. In addition, the conferees expect the Attorney 
     General to work closely with the Secretary of Transportation 
     with respect to voluntary payment from the involved airlines 
     and the airline carrier's insurance underwriter for these 
     costs.
       The conferees have provided $1,950,000 in Chapter 9 of this 
     Act to help meet the security needs related to the Summit of 
     Eight meeting in Denver, Colorado, making the House report 
     language under this heading unnecessary.

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration


                economic development assistance programs

       The conference agreement includes $52,200,000 for emergency 
     disaster assistance activities, instead of $54,700,000 as 
     proposed in the Senate bill, $49,700,000 included in the 
     House bill, and $1,200,000 proposed by the Administration to 
     be derived by transfer from the Economic Development 
     Revolving Loan Fund. The conference agreement makes funds 
     available for emergency infrastructure expenses and 
     capitalization of revolving loan funds for assistance related 
     to recent flooding, as proposed in the House bill. The 
     conference agreement does not allow $6,800,000 of the funds 
     available to be used for planning and technical assistance 
     grants, as included in the Senate bill. The conferees note 
     that the EDA has already provided additional planning and 
     technical assistance grants from regular fiscal year 1997 
     funds to those areas most severely impacted by recent natural 
     disasters. The conference agreement designates up to 
     $2,000,000 to be available for administrative expenses as 
     proposed in the House bill, instead of $2,900,000 included in 
     the Senate bill. In addition, these amounts are allowed to be 
     transferred to and merged with the EDA ``Salaries and 
     Expenses'' account, as included in the House bill. Finally, 
     the conferees expect the EDA to submit a plan on the 
     expenditure of these funds in accordance with the guidance 
     included in the House report.

             National Institute of Standards and Technology


                     industrial technology services

       The conference agreement includes language proposed in the 
     House bill, and not included in the Senate bill, designating 
     that not to exceed $35,000,000 of the amount provided under 
     this account in Public Law 104-208 is available for new grant 
     awards under the Advanced Technology Program. When combined 
     with $27,000,000 in unobligated balances available from prior 
     year appropriations, a total of $62,000,000 is available for 
     new grant awards in fiscal year 1997, in addition to 
     $6,000,000 previously awarded with fiscal year 1996 funds. In 
     addition, $155,000,000 is available in fiscal year 1997 to 
     pay the continuation costs of grants made in prior fiscal 
     years, and $37,000,000 is available for administration, small 
     business innovative research, and lab support. The conferees 
     direct that any additional funds that become available 
     through recoveries or any other means may be spent only after 
     notification to the Committees on Appropriations of the House 
     and Senate under standard reprogramming procedures.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

       The conference agreement includes $7,000,000 for disaster 
     assistance for fisheries impacted by recent flooding and red 
     tide as authorized by section 312(a) of the Magnuson-Stevens 
     Fishery Conservation and Management Act. Of this amount, 
     $3,500,000 is provided for the Pacific Northwest, and 
     $3,500,000 is provided for the Gulf Coast region for impacts 
     resulting from the opening of the Bonnet Carre Spillway and 
     from red tide. The Senate bill proposed $7,000,000 for 
     disaster assistance pursuant to the Magnuson-Stevens Act to 
     continue a salmon fishing

[[Page H3464]]

     buyback program. The conferees are aware that recent flooding 
     has impacted certain regions of the country and intends that 
     this funding be used for activities which directly assist the 
     fishermen in these areas. The conferees do not intend that 
     any of these funds be used by NOAA to begin a new land 
     acquisition program. Further, the conferees direct that NOAA 
     submit an implementation plan to the Committees on 
     Appropriations of the House and Senate in accordance with the 
     reprogramming procedures set forth in section 605 of Public 
     Law 104-208 prior to the expenditure of these funds. In 
     addition, the conference agreement includes $2,000,000 for 
     implementation of the provisions of the Magnuson-Stevens act 
     in the North Pacific fisheries. The conference agreement 
     includes language, similar to the Senate bill, making the 
     entire amount contingent upon the President submitting a 
     budget request designating the entire amount as an 
     emergency requirement.
       The conferees understand that there are concerns about 
     National Weather Service plans for its regional headquarters 
     and expect the Department to continue to work with those 
     Members who have expressed concerns in order to resolve them, 
     and to take into account any forthcoming GAO report and 
     recommendations concerning this issue while remaining within 
     the existing financial plan for the current and succeeding 
     fiscal years.


                              construction

       The conference agreement includes $10,800,000, requested by 
     the Administration, and included in both the House and Senate 
     bills, to provide for repair of fish hatcheries along the 
     Columbia River damaged by recent severe flooding.

                          DEPARTMENT OF STATE

              International Organizations and Conferences


              contributions to international organizations

       The conference agreement does not include supplemental 
     funding of $100,000,000 for payment of United States 
     arrearages to the United Nations, subject to authorization, 
     as proposed in the Senate bill. The House bill provided no 
     funding for this purpose. Recent developments related to the 
     Balanced Budget Agreement negotiations indicate that the time 
     frame for addressing the issue of arrearages is not intended 
     to begin until fiscal year 1998.

                            RELATED AGENCIES

        Commission on the Advancement of Federal Law Enforcement

       The conference agreement includes $2,000,000 for the 
     Commission on the Advancement of Federal Law Enforcement as 
     proposed in the House bill, instead of no funding as proposed 
     in the Senate bill.

                     Small Business Administration


                     disaster loans program account

       The conferees direct the Small Business Administration to 
     provide loan amounts under the disaster loan program 
     sufficient to meet building code requirements for energy 
     efficiency in accordance with the Senate report.


                     general provisions, chapter 2

       Section 2001. The conference agreement includes a provision 
     that specifies that $3,000,000 currently available in the 
     Department of Justice Counterterrorism Fund, be allocated to 
     the appropriate unit of local government in Ogden, Utah, to 
     upgrade security and communications infrastructure to counter 
     any potential terrorism threat related to the 2002 Winter 
     Olympic games, as proposed in the Senate bill as Section 302. 
     The House bill did not include this provision.
       Section 2002. The conference agreement includes a provision 
     to extend the Small Business Competitiveness Demonstration 
     Program for dredging through September 30, 1997, as proposed 
     in the Senate bill as Section 329. The House bill did not 
     address this matter.
       Section 2003. The conference agreement includes a 
     provision, as proposed in the Senate bill as Section 334, to 
     provide for a good Samaritan exemption to the Marine Mammal 
     Protection Act for the taking of a marine mammal if such 
     taking results from an attempt to rescue a marine mammal 
     entangled in fishing gear or debris. The House bill did not 
     address this matter.
       Section 2004. The conferees are aware that policy changes 
     recently adopted by the National Aeronautics and Space 
     Administration have resulted in reductions in fiscal year 
     1997 requirements within the National Oceanic and Atmospheric 
     Administration's Satellite Observing Systems programs. The 
     conferees are aware that the Department of Commerce is in the 
     process of developing reprogramming proposals to reallocate 
     these funds from this program to meet other operational 
     requirements which the Committees will consider under 
     standard reprogramming procedures. In addition, in 
     consultation with the Committees, the Department is directed 
     to develop a plan for the expenditure of the balance of these 
     funds together with a reprogramming to be submitted to the 
     Committees within 15 days of the enactment of this Act.

                              CHAPTER 2--A

                          DISTRICT OF COLUMBIA

       The conference action deletes the Senate chapter which 
     included the appropriation of an additional Federal payment 
     of $31,150,000 to the District of Columbia for police pay 
     raises and emergency school repairs. The House bill did not 
     contain a similar chapter.

                               CHAPTER 3

                      ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


            flood control, mississippi river and tributaries

       The conference agreement includes $20,000,000 for 
     extraordinary maintenance needs on the Mississippi River and 
     Tributaries project resulting from flooding in the lower 
     Mississippi River valley as proposed by the House and the 
     Senate. The entire amount has been 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.
       The conferees are in agreement with the language in the 
     Senate report regarding Yazoo basin projects.


                   operation and maintenance, general

       The conference agreement includes $150,000,000 for the 
     Corps of Engineers to undertake repairs and extraordinary 
     maintenance of projects impacted by flooding and other 
     natural disasters throughout the nation as proposed by the 
     House instead of $137,000,000 as proposed by the Senate. The 
     entire amount has been 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.
       The conferees are aware that a decision by the 
     Administration to terminate the use of the existing ocean 
     disposal site for material dredged from the Ports of New York 
     and New Jersey has created an immediate need for additional 
     funds in order for critical work to be accomplished prior to 
     the closure of the disposal site. The conferees are concerned 
     that the Administration did not anticipate the resource needs 
     associated with the decisions related to dredged material 
     disposal. The conferees urge the Corps of Engineers to 
     reassess its maintenance dredging needs in an effort to make 
     available additional funds for dredging during the current 
     year.
       The conference agreement deletes bill language proposed by 
     the Senate directing the Secretary of the Army to use 
     available funds to perform dredging and snagging and clearing 
     of the Truckee River in Nevada, the San Joaquin River in 
     California, and the Chena River in Alaska. The Secretary of 
     the Army is directed, within existing authorities, to use 
     available funds to perform emergency dredging and snagging 
     and clearing of the Truckee River, Nevada, and the San 
     Joaquin River and Sacramento River channels, California; and 
     to dredge shoaling which has occurred downstream from the 
     Federal Chena River flood control facility.
       The conferees are aware of the compacts between the States 
     of Alabama, Florida, and Georgia for interstate cooperation, 
     planning, and development of the Alabama-Coosa-Tallapoosa and 
     Apalachicola-Chattahoochee-Flint River Basins and have 
     provided $5,000,000 for planning and studies related to 
     consensus-based proposals for the allocation of water in 
     these basins. The conferees direct the Corps of Engineers and 
     other Federal agencies to limit those studies to issues 
     agreed to by the States of Alabama, Florida, and Georgia 
     until such time as the two compacts have been ratified by the 
     Congress.


                 flood control and coastal emergencies

       The conference agreement includes $415,000,000 for Flood 
     Control and Coastal Emergencies as proposed by the House 
     instead of $390,000,000 as proposed by the Senate. The entire 
     amount has been 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.
       The conferees are aware of the prolonged heavy rains, high 
     surf, flooding, and land and mud slides which impacted 
     Hawaii, including the area of the Lualualei Naval Magazine, 
     last November. In light of this emergency, the conferees 
     agree to consider solutions to this problem as the 
     appropriations process continues for fiscal year 1998.
       The conferees urge the Corps of Engineers to use available 
     funds to assess the need for a flood preparedness and warning 
     plan for the Reno, Nevada, area and to advise the House and 
     Senate Committees on Appropriations on the need for such a 
     plan in time for it to be addressed during the fiscal year 
     1998 appropriations process.
       The conferees recognize the serious nature of the ongoing 
     flooding at Devils Lake in North Dakota. In response to that 
     situation, the conferees have provided $5,000,000 for the 
     Corps of Engineers to initiate and complete preconstruction 
     engineering and design for an emergency outlet from Devils 
     Lake to the Sheyenne River as proposed by the Senate with an 
     amendment which deletes the requirement that preconstruction 
     engineering and design be at full Federal expense. However, 
     given the emergency situation, the conferees direct the 
     Secretary of the Army to incorporate as part of any cost-
     sharing agreement for the emergency outlet a provision which 
     permits the non-Federal sponsor to use other available 
     Federal funding sources to satisfy the non-Federal share of 
     the preconstruction engineering and design costs. Further, 
     the conferees direct that the policy requiring concurrent 
     non-Federal financing of preconstruction engineering and 
     design shall not apply. It is the intent of the conferees 
     that none of the funds made available in this Act shall be 
     used to initiate any

[[Page H3465]]

     project which would divert water from the Missouri River to 
     Devils Lake.
       The conferees concur with the Senate direction to the Corps 
     of Engineers to expedite action to raise the emergency levees 
     at Devils Lake, as appropriate, beyond 1445 feet using 
     funding appropriated herein. The conferees have not waived 
     the cost-share requirements for that work. However, the 
     conferees support the use of other, Federal funding sources 
     to satisfy the non-Federal share of that work.
       The conference agreement includes language which provides 
     $5,000,000 for channel restoration and improvements on the 
     James River in South Dakota if the Secretary of the Army 
     determines that the need for such restoration and 
     improvements constitutes an emergency instead of $10,000,000 
     as proposed by the Senate.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                       operation and maintenance

       The conference agreement includes $7,355,000 for the Bureau 
     of Reclamation to undertake repairs to facilities, including 
     damages to archeological collections and recently identified 
     damages to fish handling and water release structures, 
     impacted by flooding in the western states and the upper 
     Midwest as proposed by the House and the Senate. The entire 
     amount has been 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.

                     General Provisions, Chapter 3


                        River Basin Commissions

       The conference agreement includes language proposed by the 
     House requiring that the United States members and alternate 
     members of the Susquehanna and Delaware River Basin 
     Commission be officers of the Army Corps of Engineers who 
     shall serve without additional compensation, instead of 
     language proposed by the Senate requiring that the Secretary 
     of the Interior or his designee serve as the alternate 
     members of the Susquehanna and Delaware River Basin 
     Commission.
       The conference agreement includes language proposed by the 
     House and the Senate establishing that the Federal 
     representative on the Delaware River Basin Commission shall 
     serve at the pleasure of the President.
       The conference agreement includes technical and conforming 
     language repealing reservations of the Susquehanna and 
     Delaware River Basin Compacts.


                       Willow Creek Dam, Montana

       The conference agreement includes language which would 
     increase from $750,000 to $1,200,00 the authority of the 
     Secretary of the Interior to obligate funds for safety of 
     dams construction work at the Willow Creek Dam, Sun River 
     Project, Montana, without transmitting a modification report 
     to Congress as required by section 5 of the Reclamation 
     Safety of Dams Act of 1978, as amended. This new level of 
     authority is necessary to permit completion of essential 
     safety modifications at the Willow Creek Dam.


               Compliance with the Endangered Species Act

       The conference agreement includes a provision proposed by 
     the Senate related to the application of the Endangered 
     Species Act in emergency situations. The bill reported by the 
     House Appropriations Committee contained a similar provision.


                           Red Rock Dam, Iowa

       The conference agreement deletes a provision proposed by 
     the Senate providing relief to agricultural producers for 
     flooding losses related to operation of Red Rock Dam in Iowa.

                               CHAPTER 4

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS


                         Assistance to Ukraine

       Section 3002 of the House bill allowed the President to 
     waive any of the earmarks in subsections (k) and (l) under 
     the heading ``Assistance for the New Independent States of 
     the Former Soviet Union'' contained in Public Law 104-208, if 
     he determined, and so reported to the Committees on 
     Appropriations, that the Government of Ukraine--
      (1) is not making significant progress toward economic 
     reform and the elimination of corruption;
      (2) is not permitting American firms and individuals to 
     operate in Ukraine according to generally accepted business 
     principles; or
      (3) is not effectively assisting American firms and 
     individuals in their efforts to enforce commercial contracts 
     and resist extortion and other corrupt demands.
       The Senate amendment contained no comparable provision.
       The conference agreement, section 4001, allows the 
     President to waive the minimum funding levels in subsection 
     (k) only, 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.


                                Uruguay

       The House bill did not contain any provision relating to 
     Uruguay.
       Section 328 of the Senate amendment prohibited funds made 
     available in the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 1997, from being made 
     available for assistance to Uruguay unless the Secretary of 
     State certified to the Committees on Appropriations that all 
     cases involving seizure of United States business assets have 
     been resolved.
       The conference agreement deletes the Senate language. The 
     managers are concerned that trade and relations with Uruguay 
     may be affected by the recent seizure of private American 
     assets and urge the Administration to take all necessary 
     actions to remedy this problem. The managers will review 
     progress on this issue and may consider appropriate action in 
     subsequent legislation.

                               CHAPTER 5

                     INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                              construction

                     (including transfer of funds)

       The conference agreement provides $4,796,000 for 
     construction as proposed by the House and the Senate, of 
     which $4,403,000 is to be derived by transfer from the Oregon 
     and California grant lands account as proposed by the Senate 
     instead of $3,003,000 by transfer as proposed by the House.


                   OREGON AND CALIFORNIA GRANT LANDS

       The conference agreement provides $2,694,000 for Oregon and 
     California grant lands, using unobligated balances of funds 
     made available as supplemental appropriations in Public Law 
     104-134, as proposed by the House and the Senate.

                United States Fish and Wildlife Service


                          RESOURCE MANAGEMENT

       The conference agreement provides $5,300,000 for resource 
     management instead of $2,250,000 as proposed by the House and 
     $8,350,000 as proposed by the Senate. Increases from the 
     House proposed level include $550,000 for fire restoration at 
     the Bosque Del Apache National Wildlife Refuge and $2,500,000 
     to pay private landowners for the voluntary use of private 
     lands to store water in restored wetlands. The funds for use 
     of private lands to store water are not provided for any 
     specific region and should be allocated on a competitive 
     basis taking into account the level of non-Federal cost 
     sharing, associated benefits to fish and wildlife, and the 
     degree to which future flood damage will be mitigated.
       The conference agreement also provides for these resource 
     management funds to remain available until expended instead 
     of two-year funds as proposed by the House and a combination 
     of two-year and three-year funds as proposed by the Senate.


                              CONSTRUCTION

       The conference agreement provides $88,000,000 for 
     construction instead of $81,000,000 as proposed by the House 
     and $91,000,000 as proposed by the Senate. The managers agree 
     to the following distribution of funds:

        Region: States                                           Amount
1: California, Idaho, Nevada, Oregon, Washington............$52,915,000
2: Oklahoma, Texas............................................7,310,000
3: Illinois, Indiana, Iowa, Minnesota, Wisconsin..............5,474,000
4: Alabama, Arkansas, Louisiana, Mississippi, Tennessee.......5,097,000
5: Maine, Massachusetts, West Virginia........................1,662,000
6: Montana, North Dakota, South Dakota, Utah.................15,542,000
                                                       ________________
                                                       
      Total..................................................88,000,000


                            LAND ACQUISITION

       The conference agreement provides $10,000,000 for land 
     acquisition instead of $15,000,000 as proposed by the House 
     and $5,000,000 as proposed by the Senate.

                         National Park Service


                              CONSTRUCTION

       The conference agreement provides $187,321,000 for 
     construction to address emergency requirements as proposed by 
     the Senate instead of $186,912,000 as proposed by the House. 
     The conference agreement also provides $10,000,000 in non-
     emergency funding, as proposed by the House and the Senate. 
     The managers agree to the following distribution of funds.

        Site                                                     Amount
Yosemite National Park, CA (emergency).....................$176,053,000
  transportation (non-emergency).............................10,000,000
Devils Postpile National Monument, CA............................74,000
Lassen Volcanic National Park, CA...............................171,000
Lava Beds National Monument, CA..................................49,000
Redwood National Park, CA.....................................8,955,000
Sequoia/Kings Canyon National Parks, CA.........................331,000
Whiskeytown National Recreation Area, CA........................216,000
Oregon Caves National Monument, OR...............................83,000
North Cascades National Park, WA.................................41,000
Mount Rainier National Park, WA..................................13,000
Olympic National Park, WA.......................................130,000

[[Page H3466]]

Mammoth Cave National Park, KY..................................542,000
North Dakota group..............................................210,000
Cape Cod National Seashore, MA...................................60,000
Fire Island National Seashore, NY...............................125,000
Minute Man National Historical Park, MA..........................79,000
Roosvelt/Vanderbilt sites, NY...................................189,000
                                                       ________________
                                                       
      Total.................................................197,321,000

                    United States Geological Survey


                 SURVEYS, INVESTIGATIONS, AND RESEARCH

       The conference agreement provides $4,650,000 for surveys, 
     investigations, and research as proposed by the Senate 
     instead of $4,290,000 as proposed by the House. No funds are 
     provided for post-flood data collection or risk assessment.

                        Bureau of Indian Affairs


                      OPERATION OF INDIAN PROGRAMS

       The conference agreement provides $14,317,000 for operation 
     of Indian programs as proposed by the Senate instead of 
     $11,100,000 as proposed by the House.


                              CONSTRUCTION

       The conference agreement provides $6,249,000 for 
     construction as proposed by the Senate instead of $5,554,000 
     as proposed by the House.
       Bill language also is included, as proposed by the Senate, 
     requiring that funds appropriated for fiscal year 1997 for 
     repair of the Wapato irrigation project are made available on 
     a non-reimbursable basis. The House had no similar provision.

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         national forest system

       The conference agreement provides $39,677,000 for the 
     National forest system as proposed by the Senate instead of 
     $37,107,000 as proposed by the House. The managers agree to 
     the following distribution of funds:
Region: States:                                                  Amount
  1: Idaho, Montana..........................................$1,361,000
  4: Idaho, Nevada, California................................5,596,000
  5: California..............................................14,816,000
  6: Oregon, Washington, California, Idaho...................14,362,000
  9: Illinois, Indiana, Ohio..................................3,542,000
                                                       ________________
                                                       
      Total..................................................39,677,000


                    reconstruction and construction

       The conference agreement provides $27,685,000 for 
     reconstruction and construction as proposed by the Senate 
     instead of $32,334,000 as proposed by the House. The managers 
     agree to the following distribution of funds:
Region: States:                                                  Amount
  1: Idaho, Montana............................................$165,000
  4: Idaho, Nevada, California................................1,636,000
  5: California...............................................8,945,000
  6: Oregon, Washington, California, Idaho...................15,375,000
  9: Illinois, Indiana, Ohio..................................1,564,000
                                                       ________________
                                                       
      Total..................................................27,685,000

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         indian health services

       The conference agreement provides $1,000,000 for Indian 
     health services as proposed by the House and the Senate.


                        indian health facilities

       The conference agreement provides $2,000,000 for Indian 
     health facilities as proposed by the House and the Senate.

                     General Provisions, Chapter 5

       Section 5001.--The conference agreement includes language 
     in section 5001 that amends the recreation fee demonstration 
     program to permit the collecting agencies to keep 100% of the 
     funds in excess of the amount collected for fiscal year 1994 
     as proposed by the House and by the Senate.
       Section 5002.--The conference agreement includes language 
     in section 5002, as proposed by the Senate, that permits the 
     Indian Health Service to receive and retain reimbursements 
     from tribes or tribal organizations in exchange for goods and 
     services. The House had no similar provision.
       Section 5003.--The conference agreement includes language 
     in section 5003, modifies language proposed by the House 
     which amends the San Carlos Apache Tribe Water Rights 
     Settlement Act of 1992 to extend the expiration date of the 
     Act and to ratify the agreement between the San Carlos Apache 
     Tribe, the Phelps Dodge Corporation and the Secretary of the 
     Interior. The Senate had no similar provision. The conference 
     agreement amends the House language to establish the final 
     terms of the water lease, between the Phelps Dodge 
     Corporation and the San Carlos Apache Tribe, under which the 
     Corporation will pay the Tribe for water.
       Section 5004.--The conference agreement includes language 
     in section 5004 that amends the Marine Mammal Protection Act 
     Amendments of 1994 to allow the import of polar bear trophies 
     legally taken in Canada before April 30, 1994. This amendment 
     will not affect the authority of the Fish and Wildlife 
     Service to require that all polar bear trophies be imported 
     through a designated port. This is important to ensure that 
     there is no stimulation of illegal import or illegal trade in 
     the United States in polar bear parts. The language also does 
     not interfere with the Service's authority to collect a 
     $1,000 fee for each polar bear trophy imported. The 
     additional fees generated as a result of this amendment will 
     provide increased benefits for polar bear conservation.
       Section 5005.--The conference agreement includes language 
     in section 5005 that modifies a Senate provision relating to 
     rights-of-way established pursuant to section 2477 of the 
     Revised Statutes (43 U.S.C. 932). The new language 
     establishes a commission to recommend to the Secretary of the 
     Interior and the Congress changes in law to provide for an 
     expeditious resolution of all outstanding claims regarding 
     R.S. 2477 rights-of-way. The commission is required to make 
     its recommendations by March 1, 1998. The Secretary of the 
     Interior must approve or disapprove the commission's 
     recommendations in their entirety by March 31, 1998. If the 
     Secretary of the Interior approves the commission's 
     recommendations, a ``fast track'' procedure is provided for 
     Congressional consideration of the recommendations. 
     Subsection (b)(5)(A) has been included to make it clear that 
     this section does not provide the express authorization 
     required by Public Law 104-208 for the issuance of final 
     rules or regulations regarding R.S. 2477 right-of-way. The 
     House had no similar provision.

                               CHAPTER 6

    LABOR, HEALTH AND HUMAN SERVICES, EDUCATION AND RELATED AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


               Health Education Assistance Loans Program

       The conference agreement includes a Senate provision to 
     allow the use of up to $499,000 in Health Education 
     Assistance Loan (HEAL) premiums to support the Office of HEAL 
     Default Reduction. The House bill contains no similar 
     provision.

               Centers for Disease Control and Prevention


                Disease Control, Research, and Training

       The conferees are concerned by the high disease burden and 
     mortality of hepatitis C, estimated to afflict 3.9 million 
     Americans. This disease is under-recognized by health care 
     provider and the public health community. Given these and 
     other concerns recently defined by the National Institutes of 
     Health Consensus Conference on Hepatitis C, the conferees 
     encourage the Centers for Disease Control and Prevention to 
     enhance efforts to define the burden of acute and chronic 
     hepatitis C in the United States and risk factors for its 
     acquisition. Better chronic liver disease surveillance will 
     enhance determination of disease trends and provide a means 
     to evaluate the effectiveness of various prevention or 
     treatment strategies.

                Administration for Children and Families


                Children and Families Services Programs

       The conference agreement includes a Senate provision making 
     a technical change to the fiscal year 1997 appropriations act 
     for this account by inserting a legal citation to section 
     1110 of the Social Security Act. The House bill included no 
     similar provision.

                        Office of The Secretary


            Public Health and Social Services Emergency Fund

       The conference agreement modifies language proposed by the 
     Senate which would have appropriated $15,000,000 to the 
     Public Health and Social Services Emergency Fund within the 
     Office of the Secretary for competitively awarded research on 
     the environmental links to breast cancer. The Senate language 
     designated the funding as an emergency appropriation. The 
     House bill had no similar provision.
       The conferees agree that $15,000,000 is appropriated to 
     support high priority biomedical research. These funds will 
     be made available on a competitive basis and through 
     mechanisms to be determined by the Secretary, in consultation 
     with the Directors of the National Institutes of Health and 
     the Centers for Disease Control and Prevention, and the 
     Deputy Assistant Secretary for Women's Health. The conferees 
     request that the Secretary provide a report to both 
     Committees on the research plan and allocation methodology 
     accompanying these additional funds by July 1, 1997. Among 
     the priorities the conferees encourage the Secretary to 
     consider is cancer research, especially research 
     investigating the environmental factors that may be 
     associated with breast cancer in communities with high 
     incidence of the disease. The conferees have removed the 
     emergency designation for these funds, offsetting the cost 
     elsewhere within the bill.

                        DEPARTMENT OF EDUCATION

                    Education for The Disadvantaged

       The Conference agreement includes $101,133,000 in 
     additional funding for title I, Grants to Local Education 
     Agencies, instead of $198,176,000 as proposed by the Senate. 
     Included in the agreement is $78,362,000 for basic grants and 
     $22,771,000 for concentration grants. The House bill 
     contained no similar provision.
       The agreement provides additional title I funds to States 
     that would have received a reduction in funds as a result of 
     the Department of Education's decision to use a blend of 1990 
     and 1994 child poverty data. The 1994 reauthorization of the 
     Elementary and Secondary Education Act required the National 
     Academy of Sciences to study and recommend a safeguard 
     against using census

[[Page H3467]]

     data if it was unreliable or inappropriate. The Academy 
     recommended that the title I funds be distributed based on 
     the blended rate which resulted in some of the poorest States 
     in the Nation losing title I funds.
       The conference agreement provides each state that would 
     lose funds as a result of the use of new census data with 
     one-half of the difference between what the state would have 
     received had the 1990 data been used and then added the 
     supplemental funds to the blended rate.
       The agreement also provides authority to the Secretary of 
     Education to distribute the additional funds to counties that 
     would lose funds as a result of the shift in the population 
     data; and, prorate payments, if necessary. Also included is a 
     provision excluding these additional funds from the formula 
     used to determine State allocations under any other education 
     programs.
       Finally, the agreement makes these additional funds 
     available on July 1, 1997, instead of October 1, 1997 as 
     proposed by the Senate.
       The conference agreement does not include a provision in 
     the Senate amendment reducing the advance appropriation for 
     title I from $1,298,386,000 to $713,386,000.

                             RELATED AGENCY

          National Commission on The Cost of Higher Education


                         Salaries and Expenses

       The conference agreement provides $650,000 as proposed by 
     the House and as authorized in Title IV of this Act for the 
     National Commission on the Cost of Higher Education. The 
     Senate bill did not contain a similar provision.

                     General Provisions, Chapter 6


            education funding flexibility in disaster areas

       The conference agreement includes provisions proposed by 
     the Senate in section 311 that (1) extend the availability of 
     fiscal year 1995 funds awarded under state-administered 
     programs of the Department of Education and fiscal year 1996 
     Rehabilitation Act state programs until September 30, 1998 
     for obligation by areas that are Presidentially-declared 
     areas; and (2) extend the waiver authority under section 
     14401 of the Elementary and Secondary Education Act to all 
     state-administered programs of the Department for funds 
     awarded for fiscal years 1995, 1996 and 1997. The agreement 
     adds language specifying that the disaster areas must have 
     been declared as such during fiscal year 1997. The House bill 
     contained no similar provisions.


             waivers of student aid statute and regulations

       The conference agreement modifies section 312 of the Senate 
     bill to permit the Secretary of Education to waive or modify 
     regulatory or statutory provisions of title IV of the Higher 
     Education Act (student aid) for funds awarded in school years 
     1996-1997 and 1997-1998 to individuals or institutions 
     affected by natural disasters in areas declared to be such by 
     the President. The provision specifically includes those who 
     were operating, attending or residing in an institution of 
     higher education or employed in a disaster area at the time 
     of the disaster. The House bill did not contain a similar 
     provision.


                     denver medicare demonstration

       The conference agreement includes a provision (section 313 
     in the Senate bill) prohibiting the use of any fiscal year 
     1997 funds to implement a Medicare Competitive Pricing/Open 
     Enrollment Demonstration Project in Denver, Colorado. The 
     House bill contains no similar provision.


                   low income home energy assistance

       The conference agreement deletes without prejudice a 
     provision of the Senate bill directing the Secretary of 
     Health and Human Services to obligate from previously 
     appropriated funds $45,000,000 in emergency funding under the 
     Low Income Home Energy Assistance Program (LIHEAP) to victims 
     of flooding and other natural disasters in fiscal year 1997. 
     The conferees note that of the LIHEAP emergency funds 
     previously appropriated by Congress, $205,000,000 remain 
     available and could be released by the President at any time. 
     The conferees further note that the LIHEAP authorizing 
     legislation permits these funds to be expended to meet the 
     needs of one or more States arising from a natural disaster 
     or other emergency. Therefore, additional appropriations are 
     not necessary at this time, since the President has 
     sufficient funding and authority to meet existing emergency 
     conditions.


                   emergency use of child care funds

       The conference agreement includes a provision to allow the 
     use of previously appropriated Federal child care funds for 
     victims of major disasters who are involved in unpaid work 
     activities resulting from the recent flood emergency, 
     including the cleaning, repair, restoration and rebuilding of 
     homes, businesses and schools. The provision is operational 
     only during the period April 30, 1997 to July 30, 1997. The 
     Senate bill included a similar provision; the House bill 
     contained no provision.


                      supplemental security income

       The conference agreement includes a provision similar to 
     those included in both the House and Senate bills amending 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 to extend the availability of 
     Supplemental Security Income benefits for legal non-citizens 
     who are current beneficiaries from August 22, 1997, through 
     September 30, 1997. This provision reconciles several 
     technical differences in citation and drafting between the 
     House and Senate bills.

                               CHAPTER 7

                        CONGRESSIONAL OPERATIONS

                                 Senate


                   contingent expenses of the senate

                        Secretary of the Senate


                          (transfer of funds)

       A transfer of $5,000,000 is provided from funds available 
     under the heading ``Senate'' to the Secretary of the Senate, 
     to be available through September 30, 2000, for development 
     and implementation of a comprehensive, Senatewide legislative 
     information system [LIS]. The accounts from which the 
     transfers occur are contingent upon the approval of the 
     Committee on Appropriations of the Senate. Pursuant to 
     section 8 of the Legislative Branch Appropriations Act, 1997, 
     the Secretary is required to develop and implement LIS under 
     the oversight of the Committee on Rules and Administration.

                        House of Representatives


      payments to widows and heirs of deceased members of congress

       Funds are provided for the customary death gratuity for 
     children of Frank Tejeda, late a Representative from the 
     State of Texas.

                              OTHER AGENCY

                             Botanic Garden


                         Salaries and Expenses

       The bill provides $33.5 million, a reduction of $1.5 
     million under the amount estimated, for the emergency repair 
     and renovation of the U.S. Botanic Garden Conservatory. The 
     Architect of the Capitol has notified the Committees on 
     Appropriations and the Joint Committee on the Library that 
     the Conservatory must be closed for safety and accessibility 
     reasons, due to the unacceptable risk of potential injury to 
     the public and staff resulting from hazardous conditions 
     in the Conservatory. By fully funding the necessary 
     emergency repair and renovation, the Architect will be 
     able to perform the necessary work over a two-year period 
     instead of a phased four-year schedule, which had been 
     estimated to cost $35 million.

                     General Provisions, Chapter 7

       Sec. 7001. This provision allows for the establishment of a 
     no-pay status for the Capitol Police appointed by the Senate. 
     The provision is necessary to allow the Secretary of the 
     Senate to transfer the payroll functions for the Senate 
     Capitol Police to the National Finance Center pursuant to the 
     requirement of a unified payroll under title 40 U.S.C. 207a. 
     This provision does not alter any of the prerogatives of the 
     Senate. The intention is to provide the Secretary of the 
     Senate with the ability to outsource the payroll function for 
     the Senate Capitol Police.
       Sec. 7002. This provision provides the Sergeant at Arms and 
     Doorkeeper of the Senate, with the approval of the Senate 
     Rules and Administration Committee, the authority to provide 
     temporary home State facilities, equipment, and office space 
     to a Senator when there has been a disaster or emergency 
     declared by the President. This provision is intended to 
     provide the additional facilities, equipment, and office 
     space consistent with those already provided to a Senator 
     under current authority and regulation.
       Sec. 7003. Authority is provided to transfer up to $10,000 
     within the funds available to the Office of the Secretary of 
     the Senate, subject to approval.
       Sec. 7004. This provision has been requested by the General 
     Accounting Office (GAO) and extends to the agency the same 
     flexibility in contracting that is currently available to 
     executive branch agencies in the Federal Property and 
     Administrative Services Act and the Federal Acquisition 
     Regulation (FAR). Although not technically subject to the 
     Property Act and FAR, GAO conforms to those provisions as a 
     matter of policy. Providing this authority will yield savings 
     due to flexibility in contracting. The Committees on 
     Appropriations of the House and Senate expect that GAO will 
     continue adhering to the requirements of the Property Act and 
     FAR, in keeping with sound procurement policies.

                               CHAPTER 8

           DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

                           Operating Expenses

       Appropriates $1,600,000 for incremental operating expenses 
     of the Coast Guard related to support activities in the TWA 
     Flight 800 crash investigation and recovery efforts instead 
     of $6,473,000 as proposed by the Senate. The House bill 
     contained no similar appropriation.

                              RETIRED PAY

       The conference agreement provides a mandatory appropriation 
     of $9,200,000 for the retired pay of Coast Guard military 
     personnel. The House and Senate bills each included 
     $4,200,000 for this purpose, as requested by the 
     administration. However, more recent information from Coast 
     Guard officials and the Office of Management and Budget has 
     indicated that an additional $5,000,000 will be required 
     during fiscal year 1997.

                    Federal Aviation Administration

                        Facilities and Equipment


                    (Airport and Airway trust Fund)

       The conference agreement deletes the appropriation of 
     $40,000,000 proposed by the

[[Page H3468]]

     House to maintain the production line for certified 
     explosives detection systems. The conferees believe that 
     recent foreign orders of this equipment combined with Federal 
     Aviation Administration actions designed to slow down the 
     delivery rate now make it likely that this production line 
     can be maintained well into fiscal year 1998, making 
     additional funds in this urgent supplemental bill 
     unnecessary. Should additional funds be necessary next year, 
     the conferees agree to consider such funding during the 
     regular appropriations process for fiscal year 1998. The 
     Senate bill contained no similar appropriation.

                       Grants-in-aid for Airports

       The conference agreement deletes the appropriation of 
     $15,520,000 proposed by the Senate to reimburse state and 
     local agencies for unanticipated costs associated with 
     support activities related to the TWA Flight 800 and ValuJet 
     Flight 592 tragedies. The House bill contained no similar 
     appropriation.
       The conference agreement provides funds for reimbursement 
     to state and local agencies related to the TWA Flight 800 and 
     ValuJet Flight 592 tragedies from funds appropriated to the 
     National Transportation Safety Board. The conference 
     agreement also directs that funds be made available from the 
     Department of Justice's counterterrorism fund to reimburse 
     state and local agencies for the TWA Flight 800 tragedy.

                     Federal Highway Administration

                          Federal-Aid Highways

                        Emergency Relief Program


                          (Highway Trust Fund)

       Provides $650,000,000 for emergency relief activities of 
     the Federal Highway Administration as proposed by both the 
     House and Senate. The conference agreement deletes a 
     provision proposed by the House that makes eligible for 
     emergency relief funding a project to repair or reconstruct 
     any portion of a federal-aid primary route in California 
     which was destroyed as a result of storms in the winter of 
     1982-1983. The Senate bill contained a similar provision 
     under ``Federal-aid highways, limitation on obligations''.

                          Federal-Aid Highways


                      (limitation on obligations)

                          (highway trust fund)

       The conference agreement increases obligation authority for 
     Federal-aid highways by $694,810,534, of which $139,733,491 
     is distributed to those states that had their fiscal year 
     obligation authority reduced as a result of a clerical error 
     made by the Department of Treasury in recording the Highway 
     Trust Fund receipts in December 1994; $318,077,043 is 
     distributed to those States who had their fiscal year 1997 
     obligation authority reduced as a result of the Treasury 
     error; and $237,000,000 is distributed to those states whose 
     fiscal year 1997 obligation authority is less than they 
     received in fiscal year 1996.
       The additional obligation authority of $694,810,534 is 
     estimated to be distributed as follows:

                                                         New Obligation
                                                              Authority
Alabama.....................................................$20,931,160
Alaska........................................................8,163,962
Arizona......................................................12,007,562
Arkansas......................................................6,506,921
California...................................................50,711,555
Colorado......................................................6,577,269
Connecticut..................................................11,495,143
Delaware......................................................2,503,194
Dist of Columbia..............................................1,603,800
Florida......................................................51,658,920
Georgia......................................................56,862,527
Hawaii........................................................3,845,863
Idaho.........................................................2,082,397
Illinois.....................................................21,890,066
Indiana......................................................11,574,082
Iowa..........................................................6,556,907
Kansas........................................................6,690,815
Kentucky.....................................................29,879,840
Louisiana.....................................................7,240,399
Maine.........................................................3,098,969
Maryland.....................................................13,390,159
Massachusetts................................................27,424,798
Michigan.....................................................14,747,139
Minnesota....................................................12,888,358
Mississippi...................................................5,314,543
Missouri......................................................9,678,737
Montana.......................................................8,643,559
Nebraska......................................................4,518,489
Nevada........................................................3,483,013
New Hampshire.................................................2,788,867
New Jersey...................................................15,930,195
New Mexico....................................................7,057,801
New York.....................................................34,185,699
North Carolina...............................................15,054,880
North Dakota..................................................3,373,984
Ohio..........................................................7,201,580
Oklahoma......................................................7,096,552
Oregon........................................................6,433,609
Pennsylvania.................................................16,916,047
Rhode Island..................................................5,465,112
South Carolina...............................................18,202,593
South Dakota..................................................3,671,957
Tennessee.....................................................9,427,283
Texas........................................................64,694,961
Utah..........................................................5,215,722
Vermont.......................................................2,553,396
Virginia.....................................................13,986,103
Washington...................................................11,971,851
West Virginia.................................................5,353,926
Wisconsin....................................................10,167,297
Wyoming.......................................................3,639,211
Puerto Rico...................................................2,451,761

       The House bill provided $318,077,043 in additional 
     obligation authority to those states that had their fiscal 
     year 1997 obligation authority reduced as a result of a 
     recent correction of a clerical error made by the Department 
     of the Treasury in recording Highway Trust Fund receipts in 
     1994. The Senate bill provided $933,193,000 in additional 
     obligation authority, of which $318,077,043 would be provided 
     to those states as proposed in the House bill; $139,733,491 
     would be provided to those states that had their fiscal year 
     1996 obligation authority reduced as result of the Treasury 
     clerical, error; and $475,382,466 would be provided to hold 
     harmless all states at their fiscal year 1996 obligation 
     level. The conference agreement also deletes the projects 
     specified in the Senate bill.

                    Federal Railroad Administration


              emergency railroad rehabilitation and repair

       Appropriates $18,900,000 for emergency expenses to repair 
     and rebuild railroad bridges, rights-of-way, and other 
     facilities of the regional and short line railroad system as 
     a result of floods in September 1996 and March and April 1997 
     instead of $24,000,000 as proposed by the Senate and 
     $10,000,000 as proposed by the House. the conference 
     agreement provides that up to $900,000 shall be solely for 
     damage incurred in West Virginia in September 1996 and 
     $18,000,000 shall be for damage incurred in floods in the 
     northern plains states in March and April 1997. Funds shall 
     be available only to the extent an official budget request 
     designating the funds provided as an emergency is transmitted 
     by the President. The House bill provided funds to repair and 
     rebuild rail lines resulting from the floods in the northern 
     plains states in the spring of 1997.

                             RELATED AGENCY

                  National Transportation Safety Board


                         salaries and expenses

       Appropriates $29,859,000 for salaries and expenses of the 
     National Transportation Safety Board (NTSB) instead of 
     $23,300,000 as proposed by the House and $14,100,000 as 
     proposed by the Senate. The conference agreement provides 
     funds for aviation accident investigation costs, NTSB travel 
     and overtime, and for assistance to families of aviation 
     accident victims as authorized by the Federal Aviation 
     Reauthorization Act of 1996. Of the total provided, no more 
     than $6,059,000 shall be available to reimburse the State of 
     New York and local counties for the costs they incurred while 
     assisting in the TWA Flight 800 accident investigation; no 
     more than $3,100,000 shall be available to reimburse 
     Metropolitan Dade county, Florida for costs it incurred as a 
     result of the crash of ValuJet Flight 592; and no more than 
     $300,000 shall be available to reimburse Monroe County, 
     Michigan for the costs it incurred as a result of the crash 
     of Comair Flight 3272. Before distributing these funds, NTSB 
     shall verify the appropriateness of individual reimbursement 
     requests to assure that these funds compensate local and 
     state entities for the extraordinary, incremental costs 
     related to the investigations. Funds shall be available only 
     to the extent an official budget request designating the 
     funds provided as an emergency is transmitted by the 
     President. Of the total provided, $4,877,000 shall remain 
     available until expended.
       Although the conferees recognize that the recovery and 
     accident-related costs of the TWA, ValuJet, and Comair 
     tragedies have been significant and have provided sufficient 
     funding to compensate the affected parties for these costs, 
     the conferees agree that these reimbursements shall be a one-
     time occurrence. The NTSB has heretofore not been responsible 
     for nor has it reimbursed local entities for wreckage and 
     victim recovery or victim identification costs. As a general 
     rule, the carrier's insurance underwriter has paid for 
     wreckage recovery unless the aircraft crashed into water. 
     Insurance coverage for victim recovery is a rare exception. 
     In the past, such recovery activities have been the 
     responsibility of state and local governments. However, 
     following the passage of the Aviation Disaster Family 
     Assistance Act of 1996, the carriers' underwriters have 
     assumed that the NTSB is responsible for these expenses. The 
     conferees believe that this is not the intent of the Aviation 
     Disaster Family Assistance Act. The conferees further believe 
     that the Chairman of the NTSB, the Secretary of 
     Transportation, and the appropriate authorizing committees of 
     Congress should take necessary action to address this 
     situation so that a long-term approach that fairly allocates 
     these costs to the aviation industry and the carriers' 
     underwriters can be instituted. The Chairman of the NTSB and 
     the Secretary of Transportation shall report to the House and 
     Senate Committees on Appropriations and the appropriate 
     authorizing committees of Congress not later than August 1, 
     1997, on their recommendations. Further, the Chairman of the 
     NTSB and the Secretary of Transportation shall work to secure 
     voluntary payment for any costs reimbursed under this 
     provision from the involved airlines and the carriers' 
     underwriters.
       The conference agreement also requires that the NTSB 
     reimburse the Department of the Navy no more than $10,330,000 
     from the total appropriation for the costs it incurred in 
     connection with the TWA Flight 800 investigation.


                     general provisions, chapter 8

       Section 8001. The conference agreement modifies language 
     proposed by the House that corrects an enrolling error in the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 1997, relating to federal transit funds 
     made available to

[[Page H3469]]

     DeKalb County, Georgia, as proposed by the Senate.
       Section 8002. The conference agreement modifies language 
     proposed by the House that corrects an enrolling error in the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 1997, relating to user fees of the Bureau 
     of Transportation Statistics as proposed by the Senate.
       Section 8003. the conference agreement includes language 
     proposed by both the House and Senate that makes available 
     $500,000 in additional contract authority for Section 410 
     alcohol-impaired driving prevention incentive grants.
       Section 8004. The conference agreement includes language 
     proposed by the House that authorizes the National Driver 
     Register for fiscal year 1997. The Senate bill contained no 
     similar provision.
       The conference agreement deletes language proposed by the 
     Senate that would have exempted general aviation operations 
     and Canada-to-Canada and Mexico-to-Mexico overflights from 
     the overflight user fee if those two countries do not impose 
     similar charges on flights operated by U.S. citizens. 
     However, the conferees are concerned that the Federal 
     Aviation Administration (FAA) would collect user fees under 
     the interim final rule from general aviation users before 
     certifying to the Congress that the anticipated fees from 
     general aviation sources exceed the cost of administering the 
     international overflight fee on general aviation users and 
     other costs to the government of implementing the interim 
     final rule on the general aviation community. The conferees 
     are also concerned about the implications of the proposed 
     Canada-to-Canada and Mexico-to-Mexico overflight fees in 
     light of the objections of the Canadian Government and the 
     international community. The FAA should work with the 
     international community to ensure that the international 
     obligations of the United States are adhered to. The House 
     bill contained no similar provision.
       The conference agreement also deletes, without prejudice, 
     language proposed by the Senate that would authorize at least 
     $50,000,000 in overflight user fees in fiscal year 1998 and 
     each year thereafter. The FAA has assured the conferees that 
     the anticipated revenues from international overflight user 
     fees under the interim final rule for a full year are 
     estimated to be in excess of $50,000,000. The House bill 
     contained no similar provision.

                               CHAPTER 9

            TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT

                       Department of the Treasury


                          departmental offices

                         salaries and expenses

       The Senate provided a supplemental of $1,950,000 and 
     directed that the amount be used to compensate the city and 
     county of Denver and the State of Colorado law enforcement 
     agencies for costs associated with continuing to provide 
     security support to Federal agencies for the Oklahoma City 
     bombing trial while concurrently hosting the Summit of Eight. 
     The House did not address this issue. The conferees have 
     agreed to make these funds available, as proposed by the 
     Senate.
       The conferees are concerned that the State of Colorado, the 
     County of Denver, and the City of Denver law enforcement 
     agencies are facing extraordinary burdens associated with the 
     security requirements of the Oklahoma City bombing trial 
     while concurrently hosting an international event the 
     magnitude of the Summit of Eight scheduled for June of 1997. 
     The conferees recognize that hosting an event that includes 
     eight heads of states and their accompanying delegations 
     while simultaneously providing security surrounding a 
     domestic terrorism trial is both extraordinary and 
     unprecedented. The conferees have therefore included up to 
     $1,950,000 to reimburse the State of Colorado, the County of 
     Denver, and the City of Denver law enforcement agencies for 
     costs associated with these events. The conferees have made 
     this one time expenditure subject to verification by the 
     Secretary of Treasury and expect that reimbursement will be 
     made for only those expenses that are determined to be 
     appropriate.

                     United States Customs Service

       The House included a provision making $16,000,000 of fiscal 
     year 1997 funds appropriated for Counter-Terrorism and Drug 
     Law Enforcement available until September 30, 1998. The 
     Senate did not include this provision. The conferees agree to 
     make these funds available until September 30, 1998, as 
     proposed by the House.

                          U.S. Postal Service


                   payment to the postal service fund

       The House provided a $5,300,000 supplemental for payments 
     to the Postal Service Fund for the revenue forgone program. 
     The Senate provided $5,383,000, the amount requested by the 
     Administration. The conferees agree to provide $5,383,000, as 
     proposed by the Senate.

                     General Provisions, Chapter 9


                     montgomery, alabama courthouse

       The Senate included a provision which authorizes the 
     General Services Administration to proceed with the 
     construction of the U.S. Courthouse in Montgomery, Alabama. 
     The House did not address this issue. The conferees agree to 
     authorize the GSA to proceed with the construction of this 
     project, as proposed by the Senate.


  restriction on funds used to enforce electronic funds tax transfer 
                                 system

       The Senate included a provision which places a six month 
     prohibition on the use of funds to impose or collect any 
     Internal Revenue Service (IRS) penalty on small businesses 
     which have failed to comply with the electronic funds 
     transfer program. The House did not address this issue. The 
     conferees agree to the House position and do not include this 
     provision.


  repeal of section 1555 of the Federal Acquisition Streamlining Act 
                                 (FASA)

       The Senate included a provision repealing Section 1555 of 
     the Federal Acquisition Streamlining Act of 1994 (P.L. 103-
     355). The House did not address this issue. The conferees 
     agree to modify the Senate provision by extending the current 
     moratorium until the date of adjournment of the 1st session 
     of the 105th Congress.
       The conferees received a great deal of input on this issue 
     from a variety of interest groups, the Office of Management 
     and Budget, and various Congressional committees. This input 
     was often conflicting. Therefore, the conferees agree that 
     the most prudent course of action is to allow the authorizing 
     committees of jurisdiction to conduct hearings on this issue 
     and to address any required remedy in separate legislation.
       The conferees are distressed that those with conflicting 
     interests and concerns could not aid in coming to a 
     compromise on this issue. The potential cost savings which 
     could be realized by state and local governments through the 
     purchase of supplies and equipment, especially in the area of 
     medical supplies and equipment, is considerable. However, 
     there is great concern that cost savings currently 
     experienced by the Federal government could be reduced if 
     these schedules were opened up to other large government 
     organizations.
       The conferees are especially distressed that this 
     compromise means that drugs used to treat HIV and HIV-related 
     illnesses will not be offered to state and local governments 
     and Public Health Hospitals. However, the conferees agree 
     that, at this time, this issue, as well as issues involving 
     the impact on state and local governments and small 
     businesses, must be addressed by the appropriate 
     Congressional oversight committees.


               procurement of distinctive currency paper

       The House included a provision to clarify Congressional 
     intent respecting procurement of distinctive currency paper. 
     The Senate did not include this provision. The conferees 
     agree to modify the House provision by prohibiting the award 
     of a new contract for the production of distinctive currency 
     paper until certain requirements are met, limiting the 
     ``bridge'' contract to 24 months, and requiring the Secretary 
     of the Department of the Treasury to certify 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. The Secretary is also required to report to the 
     Committees on Appropriations on the price and profit levels 
     of any ``bridge'' contract at the time of certification.
       The Bureau of Engraving and Printing (BEP) and the 
     Department of the Treasury have had a 117-year virtual sole-
     source supplier of distinctive currency paper. The result is 
     that the federal government has a single supplier of 
     distinctive currency paper. The conferees believe the 
     Congress should have a neutral-party assessment of the 
     potential for disruption of currency paper production with a 
     sole-source supplier and the optimum circumstances for 
     government procurement of distinctive currency paper, 
     including the benefits and costs and the advantages and 
     disadvantages which might accrue from competition in the 
     procurement of distinctive currency paper.
       The Department of the Treasury prohibited the BEP from 
     furnishing capital to contractors to induce competition, 
     which was contained in Solicitation No. BEP-96-13 (TN). The 
     Department of the Treasury directed the BEP to issue 
     Solicitation No. BEP-97-13 (TN) which does not furnish 
     capital to contractors to induce competition. Solicitation 
     No. BEP-97-13 (TN) seeks bidders for a four-year, multi-
     hundred-million dollar contract, which commences on October 
     1, 1998.
       The conferees agree that before the contract for this 
     solicitation can be awarded, additional information and the 
     opportunity for Congressional oversight is required. 
     Therefore, the conferees have modified the House bill to 
     prohibit the BEP and the Department of the Treasury from 
     awarding the contract for the current solicitation until the 
     General Accounting Office (GAO) has conducted a comprehensive 
     analysis of the optimum circumstances for government 
     procurement of distinctive currency paper and has reported 
     its findings to the House and Senate Committees on 
     Appropriations. The conference provision also limits the 
     ``bridge'' contract to 24 months, and requires the Secretary 
     of the Department of the Treasury to certify 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. The ``bridge'' contract is necessary to ensure 
     the supply of currency paper until such time as the 
     aforementioned restrictions are removed.
       The conferees direct the GAO to report on the current 
     limitations on competition in currency paper procurement; the 
     fairness

[[Page H3470]]

     and reasonableness of prices paid for currency paper and 
     passport paper; possible alternatives to the current 
     procurement situation, including the impact of Federal 
     acquisition guidelines on supply competition; the potential 
     for disruption of U.S. currency paper and passport paper 
     supplies by the inability of the single government supplier 
     to meet contract requirements and the adequacy of contingency 
     supply arrangements made by the single government supplier, 
     the impact of security requirements, especially the need for 
     Federal law enforcement agencies to monitor paper production 
     and security features, on any contract arrangements; the role 
     of the Bureau of Engraving and Printing and the Department of 
     the Treasury in the development of competitive proposals for 
     the production of currency paper; and the impact of 
     capitalization requirements on distinctive currency paper 
     contracts.


             emergency leave transfer for federal employees

       The House bill includes a provision which establishes an 
     emergency leave transfer program for Federal employees who 
     are adversely affected by disasters and emergencies. The 
     Senate did not include this provision. The conferees agree to 
     include this provision, as proposed by the House.


   prohibition on the use of funds to study of the medicinal use of 
                               marijuana

       The House bill includes a provision which prohibits the use 
     of funds in this Act for the study of the medicinal use of 
     marijuana. The Senate did not include this provision. The 
     conferees agree to the Senate position.

                               CHAPTER 10

                   VA, HUD, AND INDEPENDENT AGENCIES

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       compensation and pensions

       Inserts language appropriating $928,000,000 for 
     compensation and pensions, instead of language appropriating 
     $753,000,000 as proposed by the House and the Senate. The 
     increase of $175,000,000 above the original supplemental 
     estimate of $753,000,000 was recently requested by the 
     Department of Veterans Affairs due to higher than expected 
     payment costs. The VA indicates the additional funds will 
     ensure adequate funding for compensation and pensions 
     payments through the remainder of this fiscal year.


                       administrative provisions

       Inserts language proposed by the Senate authorizing 
     $12,300,000 for the parking facility component of the 
     ambulatory care addition project at the Cleveland VA Medical 
     Center.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


               annual contributions for assisted housing

       Inserts language proposed by the Senate to reallocate 
     $1,000,000 from a special purpose grant provided in P.L. 102-
     139 for Ashland, Kentucky.


                 preserving existing housing investment

       Provides $3,500,000 as proposed by the House to correct a 
     technical error which resulted in excluding inadvertently the 
     Valley Vista Property in Syracuse, New York, from inclusion 
     in the statutory standard for preservation carve-out 
     properties. Without this correction, this 124-unit property 
     would convert to elderly apartments or to a congregate care 
     facility, increasing the chance that the current low-income 
     residents, all of whom are elderly, could be displaced.


             drug elimination grants for low-income housing

       Deletes language proposed by the House to provide 
     $30,200,000 for Drug Elimination Grants for Low-Income 
     Housing by transfer from the Homeownership and Opportunity 
     for People Everywhere Grants (HOPE) account.


   capacity building for community development and affordable housing

                          (transfer of funds)

       Transfers $30,200,000 as proposed by the Senate, with 
     modifications, from the Homeownership and Opportunity for 
     People Everywhere Grants (HOPE) account to the National 
     Community Development Initiative (NCD) for capacity building 
     activities. This issue is further addressed under general 
     provisions, section 10004.

                   Community Planning And Development


                community development block grants fund

       Amends language proposed by the House and the Senate by 
     providing $500,000,000 for community development block grants 
     (CDBG) funds, of which $250,000,000 shall become available in 
     fiscal year 1998. These funds are limited to buyouts, 
     relocation, long-term recovery, and mitigation in communities 
     affected by disasters occurring during fiscal year 1997 and 
     other disasters that were designated 30 days prior to the 
     start of fiscal year 1997. While the immediacy of reacting to 
     a disaster event is often the focus of attention, the 
     conferees are well aware that long-term recovery efforts are 
     necessary to truly remedy the social and economic impacts of 
     natural disasters. Whether relocating an upper Midwest town 
     ravaged by floods, helping to rebuild a small Southern town 
     ripped by a tornado, or replacing farm worker dwellings 
     destroyed by flooding in the West, the conferees understand 
     the importance that a community places in providing emergency 
     funds to meet these challenges. The Department is thus urged 
     to give full consideration to all appropriate applications 
     for assistance.
       In addition, the conferees make clear that these CDBG funds 
     may be used for activities that are reimbursable by or for 
     which funds are made available by the Federal Emergency 
     Management Agency (FEMA), the Small Business Administration, 
     or the Army Corps of Engineers. Finally, the amount is 
     available only if the President transmits a budget request 
     that meets the emergency requirement as defined by the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       The conferees recommend retaining language suggested by the 
     House and the Senate (1) to allow the Secretary to waive 
     certain statutes or regulations if necessary; (2) to require 
     the Secretary to publish a notice of the Federal Register if 
     CDBG funds are used in conjunction with any program 
     administered by FEMA for buyouts in disaster areas; (3) to 
     require the submission of a plan if a State or local 
     government receives funds used for buyouts; and (4) to 
     require HUD and FEMA to submit quarterly reports in the event 
     any funds are used for buyouts.
       Finally, to ensure the speedy distribution of CDBG funds, 
     the language provides the Secretary with authority to waive 
     provisions requiring that activities be limited to low- and 
     moderate-income families. This authority is granted only on a 
     case-by-case basis.

                     Management and Administration


                         salaries and expenses

       Directs HUD to provide $1,000,000 from its Salaries and 
     Expenses account to fund a review of Departmental management 
     systems. While the conferees are pleased that the Secretary 
     has stated that improving HUD's management deficiencies is 
     one of his priorities, it is impossible to overlook the fact 
     that the Department remains designated ``high risk'' by the 
     General Accounting Office. Therefore, HUD is directed to 
     enter into a contract with the National Academy of Public 
     Administration (NAPA) no later than one month after this 
     legislation is enacted to review HUD's contracting 
     procedures, basic administrative organization, and the 
     development of personnel needs based on meaningful measures. 
     The conferees expect NAPA to submit their report to the House 
     and Senate Committees on Appropriations by March 1, 1998.
       The Senate had proposed $1,500,000 for this purpose, the 
     House had no comparable provision.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency


                        buildings and facilities

       Inserts language proposed by the House regarding EPA's 
     Center for Ecology Research and Training instead of similar 
     language proposed by the Senate.


                     hazardous substance superfund

       The conferees have deleted language included in section 333 
     of the Senate bill which required that the Agency for Toxic 
     Substances and Disease Registry (ATSDR) conduct certain 
     studies regarding childhood cancer in Dover Township, New 
     Jersey, authorized grants to the State of New Jersey, and 
     authorized a specific appropriation for these purposes. The 
     conferees agree that this provision is unnecessary because 
     additional statutory authority is not needed for ATSDR to 
     conduct such studies, provide grants, or for the Congress to 
     provide appropriations. The conferees have in fact already 
     appropriated some $1,200,000 for ATSDR to conduct various 
     studies in this regard, and fully expect to provide the 
     future resources necessary for EPA, ATSDR, and the State of 
     New Jersey to investigate fully and completely this situation 
     and provide appropriate remedies and restoration activities.


                   State and Tribal Assistance Grants

       Inserts language proposed by the Senate which permits EPA 
     to use funds appropriated for State or tribal grants to 
     implement certain grant programs in the absence of an 
     acceptable State or tribal program.

                  Federal Emergency Management Agency


                            Disaster Relief

       Provides $3,300,000,000 for disaster relief instead of 
     $3,100,000,000 as proposed by the Senate and $3,067,677,000 
     as proposed by the House. Of the approved amount, 
     $2,300,000,000 will become available on September 30, 1997, 
     but only after the Director of FEMA submits to the Congress a 
     legislative proposal to control disaster relief costs. The 
     conferees have also included language proposed by the Senate 
     which provides authority to FEMA to transfer up to 
     $20,000,000 from the Disaster Relief Fund to the Disaster 
     Assistance Direct Loan Program for emergency education 
     operations assistance. Any such transfer of funds to the 
     Community Disaster Loan Program shall be solely for loans to 
     municipal governments in communities stricken by federally-
     declared disasters in which school districts have incurred 
     unanticipated requirements because of the displacement of 
     students whose schools were damaged or destroyed by the 
     disaster. The Committees on Appropriations are to be notified 
     by FEMA of any transfer of funds for this purpose.


                         Salaries and Expenses

       Deletes language proposed by the House to provide 
     additional funds for salaries and expenses and deletes 
     language proposed by the Senate to rescind salary and expense 
     funds provided in Public Law 102-368.
       The conferees understand that there may be a need for full-
     time Federal Coordinating Officers (FCO) to manage disaster 
     response and recovery activities in the ten regions. At

[[Page H3471]]

     present, FEMA does not employ individuals with sole 
     responsibility for federal coordinating officer activities. 
     Individuals tapped to act as FCOs are detailed away from 
     their normal day-to-day responsibilities, sometimes for 
     months at a time, and often must abandon routine duties 
     entailed in their official job. This has been disruptive and 
     counterproductive at times. FEMA has been considering how to 
     address this issue, including the possibility of hiring full-
     time FCOs, and the conferees are not necessarily opposed to 
     this option. The conferees therefore direct FEMA to submit 
     its plan for addressing the need for full-time FCOs to the 
     Committees on Appropriations prior to mark-up of the fiscal 
     year 1998 appropriations bill. The conferees expect to be 
     fully apprised of any changes in policy or procedure, such as 
     using disaster relief funds for full-time employees, with 
     respect to this issue.


              Emergency Management Planning and Assistance

       The conferees note that recent floods in Northern 
     California have highlighted the lack of critical information 
     relating to the levees and topography of the Sacramento and 
     San Joaquin valleys. In this regard, the conferees are aware 
     that new technologies which have previously been available 
     only in a military context may prove particularly useful and 
     cost-effective in providing this critical information in 
     California as well as in other ares of the nation where 
     flooding has been a recurring problem. One such technology is 
     the so-called IFSAR-E digital mapping service.
       Because of the potential benefits of the use of this 
     technology, the conferees direct FEMA to review fully the 
     matter and report back to the Committees on Appropriations 
     within 30 days of enactment of this Act on the viability of 
     using this and/or other technologies to assist in these 
     important mapping requirements. Should FEMA determine that 
     the IFSAR-E technology is in fact useful and appropriate, the 
     conferees expect FEMA to use such Mitigation Program funds as 
     are appropriate and which can be charged to the National 
     Flood Insurance Fund in a manner consistent with FEMA's other 
     flood mapping programs to enter into, within 60 days of 
     enactment of this Act, a collaborative demonstration project 
     with the Defense Advanced Research Projects Agency, the State 
     of California Department of Conservation's GeoSAR Project, 
     and Army TEC for the creation of a geographical information 
     system for the collection, maintenance and analysis of data 
     relevant to flood threats in the Sacramento and San Joaquin 
     valleys.
       Such a project should serve to assess potential 
     improvements in accuracy and cost effectiveness of applying 
     this technology broadly in the flood mapping program.


                     NATIONAL FLOOD INSURANCE FUND

       Deletes language proposed by the House which reduced from 
     30 to 15 the number of days a purchaser of a flood insurance 
     policy must wait before the policy goes into effect.


                     GENERAL PROVISIONS, CHAPTER 10

       Amends language proposed by the Senate by directing the 
     Secretary of HUD to provide twice annually a list of all 
     contracts and task orders in excess of $250,000 entered into 
     by the Secretary, GNMA, OFHEO, or any officer of HUD or these 
     offices to the Committees on Appropriations (Sec. 10001).
       Amends language proposed by the Senate. The new language 
     reduces from one year to 180 days the notice period for 
     tenants when a section 8 contract may not be renewed (Sec. 
     10002).
       Inserts language proposed by the Senate authorizing the 
     Secretary to increase commitments by 7,500 units under the 
     Multifamily Risk Sharing Program (Sec. 10003).
       Amends language proposed by the Senate providing 
     $30,200,000 by transfer from the Homeownership and 
     Opportunity for People Everywhere Grants (HOPE) account to 
     the National Community Development Initiative (NCDI) for the 
     purpose of capacity building and technical support for 
     community development organizations. The language makes a 
     technical change to include certain participating 
     intermediary organizations and to conform section 4 of the 
     HUD Demonstration Act of 1993 to action taken in this 
     supplemental. It is the intent of the conferees that funds 
     available shall be equally divided among participating 
     intermediary organizations (Sec. 10004).
       Inserts language authorizing HUD to insure a condominium 
     mortgage in an amount up to 100 percent of the appraised 
     value of an FHA-approved property, where the mortgagor 
     establishes that his or her home was destroyed or extensively 
     damaged by a major disaster (Sec. 10005).
       Inserts language amending section 211(b)(4)(B) of HUD's 
     fiscal year 1997 Appropriations Act to clarify that the 
     definition of ``owner'' includes not only the actual person 
     or entity that owns the project, but includes persons or 
     entities that control the owner, are controlled by the 
     owners, or are under common control with the owner. This 
     provision will ensure that HUD is able to opt against 
     renewing contracts with an owner who has demonstrated a 
     pattern of mismanagement (See. 10006).

                               CHAPTER 11

                        OFFSETS AND RESCISSIONS

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary


                         FUND FOR RURAL AMERICA

       In order to provide assistance to natural disaster victims 
     and for other high priority needs, savings had to be achieved 
     which have included a reduction of $20,000,000 in the Fund 
     for Rural America as proposed in the House bill. The Senate 
     bill had no similar provision. The conferees are aware that 
     while a portion of the Fund has been identified for 
     obligation and, in some cases, announced as obligated, funds 
     do remain in many of those accounts for which the Fund was 
     used to supplement. The conferees are also aware of the 
     recent closing date for research grants to be made available 
     under the Fund and note the importance this effort will play 
     in furthering a competitive applied research science base to 
     complement the more basic research conducted under the NRI. 
     In view of the importance of the Fund for Rural America, the 
     conferees urge the Secretary to review all areas he has 
     previously identified and make adjustments accordingly best 
     to absorb this reduction in funding so as to minimize the 
     impact on rural America and best to avoid duplication of 
     research and other activities for which funds were provided 
     in P.L. 104-108.
       The conference agreement deletes House bill language 
     permitting the use of the Fund for Rural America for the 
     Special Supplemental Nutrition Program for Women, Infants, 
     and Children (WIC).

                 Natural Resources Conservation Service


                        WETLANDS RESERVE PROGRAM

       The conference agreement deletes the House provision to 
     reduce the unobligated balance remaining from the fiscal year 
     1996 wetlands reserve program by $19,000,000. The Senate bill 
     contained no similar provision.

                       Food and Consumer Service


             The Emergency Food Assistance Program (TEFAP)

       The Administration proposed a reduction for TEFAP commodity 
     purchases through the food stamp program as an offset for 
     supplemental requests. The conference agreement reduces the 
     amount available through the food stamp program for TEFAP 
     commodity purchases to $80 million as proposed by both the 
     House and Senate.

         Foreign Agricultural Service and General Sales Manager


                             export credit

       The conference agreement reduces the total amount available 
     for the export credit guarantee program to $3,500,000,000 as 
     proposed by both the House and Senate.


                       export enhancement program

       The conference agreement retains House bill language 
     limiting spending for the Export Enhancement Program to $10 
     million in fiscal year 1997. The Senate bill had a spending 
     limit of $50 million.

                         DEPARTMENT OF JUSTICE

                         General Administration


                          working capital fund

                              (rescission)

       The conference agreement includes a rescission of 
     $6,400,000,000 of unobligated balances in the Department of 
     Justice Working Capital Fund, as proposed in both the House 
     and Senate bills.

                            Legal Activities


                         assets forfeiture fund

                              (rescission)

       The conference agreement includes a rescission of 
     $3,000,000 from surplus balances available in the Assets 
     Forfeiture Fund, as proposed in the House bill, instead of no 
     rescission as proposed in the Senate bill.

                 Immigration and Naturalization Service


                              construction

                              (rescission)

       The conference agreement includes a rescission of 
     $1,000,000 from unobligated balances from fiscal year 1995 
     appropriations in the Immigration and Naturalization Service 
     (INS) Construction account related to the construction of a 
     permanent checkpoint on Interstate 19, as proposed in the 
     House bill, instead of no rescission as proposed in the 
     Senate bill.
       In addition, the conferees direct the INS to use $20,000 of 
     funds made available from appropriations or fee accounts in 
     fiscal year 1997 to install videophones in time for the 1997 
     boating season in the communities of Morristown, Ogdensbury, 
     Waddington, and Clayton, New York, in order to provide a 
     means of inspection conducive to the boating traffic along 
     the United States-Canada border in the St. Lawrence River. In 
     addition, the conferees direct INS to use up to $100,000 of 
     funds made available from appropriations or fee accounts in 
     fiscal year 1997 for both an additional automated permit port 
     on the United States-Canada border at Pittsburg, New 
     Hampshire and an additional enrollment center at a site to be 
     determined.

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology


                     industrial technology services

                              (rescission)

       The conference agreement includes a rescission of 
     $7,000,000 from the unobligated balances under this account 
     for the Advanced Technology Program, as proposed in the House 
     bill, instead of no rescission, as proposed in the Senate 
     bill. This amount has been identified as in excess of 
     requirements for existing award commitments due to 
     unanticipated awards changes and project cancellations during 
     the first quarter of fiscal year 1997.

[[Page H3472]]

            National Oceanic and Atmospheric Administration


            fleet modernization, shipbuilding and conversion

                              (rescission)

       The conference agreement does not include a rescission of 
     $2,000,000 from this account that was proposed in the House 
     bill. The Senate bill did not include a rescission from this 
     account.

                            RELATED AGENCIES

                   Federal Communications Commission


                         salaries and expenses

                              (rescission)

       The conference agreement includes a rescission of 
     $1,000,000 from the unobligated balances available in this 
     account, as proposed in the House bill, instead of no 
     rescission, as proposed in the Senate bill. These funds are 
     available for rescission due to lower-than-expected staffing 
     levels and higher-than-anticipated fee recoveries during 
     fiscal years 1996 and 1997.

                      Ounce of Prevention Council


                              (rescission)

       The conference agreement includes a rescission of 
     $1,000,000 from the Ounce of Prevention Council, as proposed 
     in the House bill, instead of no rescission, as proposed in 
     the Senate bill.

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                         construction, general

       The conference agreement deletes the rescission of 
     $30,000,000 in Construction, General, funds proposed by the 
     Senate.

                          DEPARTMENT OF ENERGY

                            Energy Programs


           energy supply, research and development activities

                              (rescission)

       The conference agreement rescinds $11,180,000 instead of 
     $22,532,000 as proposed by the House. This rescission 
     reflects one-half of the level of unobligated carryover 
     balances available for programs on October 1, 1996. The 
     Department is directed to reduce programs in accordance with 
     each program's share of the $11,180,000 as detailed in the 
     following table:


                Energy Supply, Research and Development

Solar and Renewable Energy:
                                                          Solar energy:
    Solar building technology research.........................-193,000
    Photovoltaic energy systems.................................-79,000
    Solar thermal energy systems................................-63,000
    Biomass/biofuels energy systems............................-325,000
    Wind energy systems.........................................-14,000
    International solar energy program..........................-89,000
    Resource assessment..........................................-5,000
  Geothermal technology development.............................-18,000
  Hydrogen research.............................................-13,000
  Hydropower development........................................-16,000
  Program direction..........................................-1,374,000
  Prior year projects, solar and renewable energy............-1,419,000
Nuclear energy:
                                                    Nuclear energy R&D:
    Light water reactor..........................................-8,000
    Advanced reactor R&D.........................................-4,000
    Space reactor power systems.................................-22,000
    Advanced radioisotope power system.........................-548,000
    Oak Ridge landlord..........................................-36,000
    Advanced test reactor fusion irradiation....................-23,000
  Termination costs.............................................-11,000
  Soviet design reactor safety program.........................-644,000
  Program direction..........................................-1,298,000
  Prior year projects, nuclear energy...........................-12,000
  Civilian waste research and development......................-238,000
Environment, Safety and Health:
  Environment, safety and health.............................-1,497,000
Energy Research:
  Fusion energy.................................................-64,000
                                                 Basic energy sciences:
    Materials sciences...........................................-9,000
    Chemical sciences..........................................-269,000
    Applied mathematical sciences...............................-39,000
    Engineering and geosciences.................................-25,000
    Energy biosciences..........................................-24,000
                                                 Other energy research:
    Advanced neutron source......................................-2,000
    Energy research analyses...................................-166,000
    Laboratory technology transfer..............................-19,000
    SBIR........................................................-38,000
    Program direction........................................-2,100,000
    Multiprogram energy labs--facility support
      Multiprogram general purpose facilities....................-1,000
Energy Support Activities:
                             University and science education programs:
    Laboratory cooperative science centers.......................-9,000
    University programs..........................................-1,000
  Technical information management program.....................-100,000
  In-house energy management...................................-187,000
Environmental Restoration & Waste Mgmt. (Non-defense)
  Waste management.............................................-132,000
  Nuclear materials and facilities stabilization................-46,000
                                                       ________________
                                                       
      Total, Energy Supply, Research and Development........-11,180,000
                                                       ================



                    power marketing administrations

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

                              (rescission)

       The conference agreement rescinds $11,352,000 from this 
     account. The rescission reflects funds that are available and 
     would otherwise be carried forward to supplement funds 
     appropriated in fiscal year 1998.

                          DEPARTMENT OF ENERGY

                         Clean Coal Technology


                              (rescission)

       The conference agreement includes a rescission of 
     $17,000,000 in clean coal technology funding as proposed by 
     the House and the Senate.

                      Strategic Petroleum Reserve


                              (rescission)

       The conference agreement includes a rescission of 
     $11,000,000 in strategic petroleum reserve funding as 
     proposed by the House and Senate.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families


                   job opportunities and basic skills

                              (rescission)

       The conference agreement includes a provision contained in 
     both the House and Senate bills rescinding unused fiscal year 
     1997 funds under the Job Opportunities and Basic Skills 
     (JOBS) program.

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                       Grants-in-aid for Airports


                    (airport and airway trust fund)

                 (rescission of contract authorization)

       Rescinds $750,000,000 in contract authority instead of 
     $778,000,000 as proposed by the Senate. The House bill 
     contained no similar rescission. The conference agreement 
     rescinds contract authority that is not available for 
     obligation due to annual limits on obligations.

             National Highway Traffic Safety Administration

                     Highway Traffic Safety Grants


                          (highway trust fund)

                 rescission of contract authorization)

       Rescinds $13,000,000 in contract authority instead of 
     $10,600,000 as proposed by the Senate. The House bill 
     contained no similar rescission. The conference agreement 
     rescinds contract authority that is not available for 
     obligation due to annual limits on obligations.

                     Federal Transit Administration

                      Trust Fund Share of Expenses


                          (highway trust fund)

                 (rescission of contract authorization)

       Rescinds $271,000,000 in contract authority as proposed by 
     the Senate. The House bill contained no similar rescission. 
     The conference agreement rescinds contract authority that is 
     not available for obligation due to annual limits on 
     obligations.

                          Discretionary Grants


                          (highway trust fund)

                 (rescission of contract authorization)

       Rescinds $588,000,000 in contract authority as proposed by 
     the Senate. The House bill contained no similar rescission. 
     The conference agreement rescinds contract authority that is 
     not available for obligation due to annual limits on 
     obligations.

                    GENERAL SERVICES ADMINISTRATION

            Federal Buildings Fund--Repairs and Alterations


                              (rescission)

                        (limitation on expenses)

                Agricultural Research Service Laboratory

       The House included a rescission of $1,400,000 from funds 
     made available in fiscal year 1997 for renovation of the 
     Agricultural Research Service Laboratory in Ames, Iowa. The 
     Senate did not include this rescission. The conferees agree 
     with the Senate position. However, the conferees wish to 
     restate the original Congressional position that the 
     $8,000,000 provided in fiscal year 1997 shall be available 
     only for the purpose for which it was appropriated: the 
     renovation of an existing Agricultural Research Service (ARS) 
     Laboratory. These funds may not be used for the construction 
     of a new facility for use by any part of the Department of 
     Agriculture. The Department of Agriculture is responsible for 
     the construction of any such facilities.

[[Page H3473]]

       The Administrator of the General Services shall provide a 
     renovation status report on the ARS Laboratory to the House 
     and Senate Committees on Appropriations within 60 days of 
     enactment of this Act.

                        Presidential Transition


                              (rescission)

       Both the House and the Senate included a rescission of 
     $5,600,000 from the amount appropriated in fiscal year 1997 
     for Presidential Transition. The conferees agree to include 
     this rescission.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               Annual Contributions for Assisted Housing


                         (including rescission)

       Rescinds $3,650,000,000 from excess section 8 reserve funds 
     as proposed by the Senate instead of $3,823,440,000 as 
     proposed by the House. The conferees have provided a Section 
     8 Reserve Preservation Account to ensure that adequate 
     funding resources are present to cover a $5,600,000,000 
     budget authority shortfall expected in fiscal year 1998. 
     Additionally, HUD must be able to account for the funds 
     appropriated for the section 8 rental assistance programs. 
     Therefore, the conferees recommend that GAO conduct an audit 
     of HUD's budgeting and accounting systems for the section 8 
     rental assistance programs to ensure that unexpended funds do 
     not reach unreasonable levels and that appropriated amounts 
     are spent in a timely manner.

                     Federal Housing Administration


             fha--general and special risk program account

       Deletes language proposed by the Senate to rescind 
     $85,000,000 from available negative credit subsidy funds 
     resulting from the sale of mortgage notes.

             National Aeronautics And Space Administration


                    national aeronautical facilities

                              (rescission)

       Rescinds $365,000,000 as proposed by the Senate instead of 
     $38,000,000 as proposed by the House. The funds are available 
     because NASA has decided to pursue improvements in the 
     Nation's testing capability using lower cost technologies and 
     computational methods which do not require construction of 
     new facilities at this time.


        funds appropriated to the president unanticipated needs

                              (rescission)

       Rescinds $4,200,000 as proposed by the Senate. The House 
     did not have a rescission proposal for this account. The 
     funds are available for rescission because the cost of repair 
     of contractor facilities as a result of the Northridge, CA 
     earthquake was less that anticipated.

                               TITLE III

                      GENERAL PROVISIONS--THIS ACT


                              buy america

       The conference agreement includes a House provision on 
     ``Buy America.'' This provision is substantially the same as 
     ones included in recent regular appropriations acts.


                    universities affected by floods

       The conferees have directed the Office of Management and 
     Budget to work with Federal agencies to support the extension 
     and revision of Federal grants, contracts, and cooperative 
     agreements with universities, or which flow to the 
     universities through other entities, in designated Federal 
     disaster areas where work was suspended due to severe 
     flooding. It is the conferees understanding that these floods 
     have severely damaged university buildings, research 
     equipment, supplies, and documents, and it may be some time 
     before work can recommence on their Federal grants, 
     contracts, or cooperative agreements. Therefore, OMB is 
     directed to ensure that the relevant Federal agencies work 
     closely with university officials to assess and to compensate 
     for the full impact of the flood disaster on all aspects of 
     the grants, contracts, and cooperative agreements, including 
     the revision of such agreements and the extension of time 
     required to complete the tasks, redefining the scope of the 
     tasks, payment of salaries and benefits, and other 
     assistance, as appropriate, to reactivate university research 
     laboratories and facilities as quickly as possible.

                                TITLE IV

                    COST OF HIGHER EDUCATION REVIEW

       The conference agreement modifies a provision proposed by 
     the House which authorizes $650,000 for the National 
     Commission on the Cost of Higher Education which is funded in 
     Title II, Chapter 6 of this Act. The agreement expands the 
     membership of the Commission from seven as proposed in the 
     House bill to eleven as follows: three each appointed by the 
     Speaker of the House and the Majority Leader of the Senate, 
     two each appointed by the Minority Leaders of the House and 
     Senate, and one by the Secretary of Education. The agreement 
     also deletes a provision proposed by the House to offset the 
     cost of the Commission by rescinding $849,000 from Federal 
     Family Education Loan administrative appropriations. The 
     Senate bill did not contain similar provisions.

                                TITLE V

                 DEPOSITORY INSTITUTION DISASTER RELIEF

       Both the House and Senate passed bills contain similar 
     language providing regulatory flexibility for banks and other 
     depository institutions to meet better the unique credit and 
     banking needs of communities affected by the flooding of the 
     Red River of the North, the Minnesota River, and the 
     tributaries of such rivers. The conference report inserts the 
     House version of this legislation amended by a Sense of the 
     Congress that regulators should waive certain appraisal 
     requirements for loans on real property located within the 
     disaster areas as proposed by the Senate.

                                TITLE VI

             Technical Amendments With Respect to Education

       The conference agreement includes several technical 
     provisions with respect to education. The conference 
     agreement amends the Elementary and Secondary Education Act 
     to (1) extend by one year the date by which the Title I 
     evaluation must be completed, (2) deem Kansas and New Mexico 
     to have made timely submission required by section 8009 of 
     the Act, (3) extend hold harmless payments under section 2 of 
     the Impact Aid program, (4) change the year for which data 
     shall be used to calculate payments under section 8003(f) of 
     the Act, (5) amend the formula for making certain payments 
     under section 8002 of the Act, and (6) deem as timely filed 
     the submission of certain applications filed under section 
     8003 of the Act. The conference agreement also amends the 
     Higher Education Act to change the period for which certain 
     institutions must report graduation rates.
       The Senate bill contained the same provisions except those 
     relating to the formula for making certain payments under 
     section 8002 of the Elementary and Secondary Education Act 
     and the timely submission of certain applications made under 
     section 8003 of the Act. The House bill did not contain any 
     similar provisions.

                               TITLE VII

                           Food Stamp Program

       The conference agreement amends the language proposed by 
     the Senate that would allow States to reimburse USDA for all 
     costs related to the purchase and distribution of food stamps 
     to continue benefits to legal immigrants. The House bill 
     contained no similar provision.

                               TITLE VIII

                         2000 Decennial Census

       The conference agreement includes a provision amending 
     Section 141 of Title 13 of the United States Code to prohibit 
     the use of sampling or any other statistical procedure, 
     including any statistical adjustment, in any determination of 
     population for the purposes of apportionment, and to prohibit 
     the expenditure of any funds to plan or otherwise prepare for 
     the use of sampling or any other statistical procedure, 
     including statistical adjustment, for such purposes.
       The Senate bill proposed a provision in Section 302 
     prohibiting any fiscal year 1997 funds available to the 
     Department of Commerce from being used to make irreversible 
     plans or preparations for the use of sampling or any other 
     statistical method, including statistical adjustment, in 
     taking the 2000 decennial census for the purposes of 
     apportionment. The House bill did not address this matter.

                                TITLE IX

                   Government Shutdown Prevention Act

       The conference agreement includes a provision contained in 
     both the House and Senate versions of the bill that would 
     provide automatic spending authority for those functions of 
     government funded through regular appropriations bills in the 
     event any of those bills are not enacted by the beginning of 
     the fiscal year.
       The total new budget (obligational) authority for the 
     fiscal year 1997 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1997 budget estimates, 
     and the House and Senate bills for 1997 follow:

                                                                        
                                                                        
                                                                        
Budget estimates of new (obligational) authority,                       
 fiscal year 1997...................................         975,324,000
House bill, fiscal year 1997........................       1,678,834,000
Senate bill, fiscal year 1997.......................         136,035,000
Conference agreement, fiscal year 1997..............         561,670,600
Conference agreement compared with:                                     
    Budet estimates of new (obligational) authority,                    
 fiscal year 1997...................................        -413,653,400
    House bill, fiscal year 1997....................      -1,117,163,400
    Senate bill, fiscal year 1997...................        +425,635,600
                                                                        

     Bob Livingston,
     Joseph M. McDade,
     Bill Young, of Florida
     Ralph Rugula,
     Jerry Lewis, of California,
     John Edward Porter,
     Harold Rogers,
     Joe Skeen,
     Frank R. Wolf,
     Jim Kolbe,
     Ron Packard,
     Sonny Callahan,
     James T. Walsh,
     Charles H. Taylor, of North Carolina
                                Managers on the Part of the House.


[[Page H3474]]


     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Pete V. Domenici,
     Christoper S. Bond,
     Slade Gorton,
     Mitch McConnell,
     Conrad Burns,
     Richard C. Shelby,
     Judd Gregg,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Larry Craig,
     Lauch Faircloth,
     Kay Bailey Hutchison,
                               Managers on the Part of the Senate.


                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. FARR of California (at the request of Mr. Gephardt) for today and 
the balance of the week, on account of a family illness.
  Mr. JEFFERSON (at the request of Mr. Gephardt) for today after 12:30 
p.m. and Thursday, June 5, on account of personal business.
  Mr. GOODE (at the request of Mr. Gephardt) for today after 5:30 p.m. 
and the balance of the week, on account of a death in the family.

                          ____________________