[Congressional Record Volume 143, Number 82 (Thursday, June 12, 1997)]
[House]
[Pages H3757-H3789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
1997 EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR RECOVERY FROM
NATURAL DISASTERS, AND FOR OVERSEAS PEACEKEEPING EFFORTS, INCLUDING
THOSE IN BOSNIA
Mr. LIVINGSTON. Mr. Speaker, pursuant to the previous order of the
House, I call up the bill--H.R. 1871--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, and ask for its
immediate consideration.
The Clerk read the title of the bill.
The text of H.R. 1871 is as follows:
H.R. 1871
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for recovery from
natural disasters, and for overseas peacekeeping efforts,
including those in Bosnia, for the fiscal year ending
September 30, 1997, and for other purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$306,800,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $300,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $29,100,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(Including Transfer Of Funds)
For an additional amount for ``Overseas Contingency
Operations Transfer Fund'', $1,430,100,000: Provided, That
the Secretary of Defense may transfer these funds only to
Department of Defense operation and maintenance accounts:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided in
this paragraph is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law
104-201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization
Income Insurance Fund'', $72,000,000, to remain available
until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(TRANSFER OF FUNDS)
Sec. 101. The Secretary of the Navy shall transfer up to
$23,000,000 to ``Operation and Maintenance, Marine Corps''
from the following accounts in the specified amounts, to be
available only for reimbursing costs incurred for repairing
damage caused by hurricanes, flooding, and other natural
disasters during 1996 and 1997 to real property and
facilities at Marine Corps facilities (including Camp
Lejeune, North Carolina; Cherry Point, North Carolina; and
the Mountain Warfare Training Center, Bridgeport,
California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'', $11,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'', $4,000,000.
Sec. 102. In addition to the amounts appropriated in title
VI of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Defense Health Program'', $21,000,000 is hereby
appropriated and made available only for the provision of
direct patient care at military treatment facilities.
Sec. 103. In addition to the amounts appropriated in title
II of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Operation and Maintenance, Defense-Wide'',
$10,000,000 is hereby appropriated and made available only
for force protection and counter-terrorism initiatives.
Sec. 104. In addition to the amounts provided in Public Law
104-208, $25,800,000 is appropriated under the heading
``Overseas Humanitarian, Disaster and Civic Aid'': Provided,
That from the funds available under that heading, the
Secretary of Defense shall make a grant in the amount of
$25,800,000 to the American Red Cross for Armed Forces
emergency services.
Sec. 105. Report on Cost and Source of Funds for Military
Activities Relating to Bosnia.--(a) Not later than 60 days
after enactment of this Act, the President shall submit to
Congress the report described in subsection (b).
[[Page H3758]]
(b) Report Elements.--The report referred to in subsection
(a) shall include the following:
(1) A detailed description of the estimated cumulative cost
of all United States activities relating to Bosnia after
December 1, 1995, including--
(A) the cost of all deployments, training activities, and
mobilization and other preparatory activities of the Armed
Forces; and
(B) the cost of all other activities relating to United
States policy toward Bosnia, including humanitarian
assistance, reconstruction assistance, aid and other
financial assistance, the rescheduling or forgiveness of
bilateral or multilateral aid, in-kind contributions, and any
other activities of the United States Government.
(2) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (1),
including--
(A) in the case of expenditures of funds of Department of
Defense, a breakdown of such expenditures by military service
or defense agency, line item, and program; and
(B) in the case of expenditures of funds of other
departments and agencies of the United States, a breakdown of
such expenditures by department or agency and by program.
Sec. 106. For an additional amount for ``Family Housing,
Navy and Marine Corps'' to cover the incremental Operation
and Maintenance costs arising from hurricane damage to family
housing units at Marine Corps Base Camp Lejeune, North
Carolina and Marine Corps Air Station Cherry Point, North
Carolina, $6,480,000, as authorized by 10 U.S.C. 2854.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $57,000,000 are rescinded.
Military Personnel, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Military Personnel, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Military Personnel, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $196,000,000 are rescinded.
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $51,000,000 are rescinded.
Operation and Maintenance, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $3,000,000 are rescinded.
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $117,000,000 are rescinded.
Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,000,000 are rescinded.
Environmental Restoration, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Formerly Used Defense Sites
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
PROCUREMENT
Aircraft Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $5,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $13,000,000 are rescinded.
Missile Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $24,000,000 are rescinded.
Procurement of Weapons and Tracked Combat Vehicles, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $15,400,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $18,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $11,000,000 are rescinded.
Other Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Aircraft Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $34,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $52,000,000 are rescinded.
Weapons Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $6,000,000 are rescinded.
Procurement of Ammunition, Navy and Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $812,000 are rescinded.
Shipbuilding and Conversion, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 102-396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 103-139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $33,000,000 are rescinded.
Other Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $3,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
Procurement, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $1,207,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $40,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $41,000,000 are rescinded.
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $163,000,000 are rescinded.
Procurement of Ammunition, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $7,700,000 are rescinded.
[[Page H3759]]
Other Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $20,000,000 are rescinded.
Procurement, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $16,113,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
National Guard and Reserve Equipment
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $4,366,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $16,878,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $9,600,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $24,245,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $172,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $95,714,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $87,000,000 are rescinded.
Developmental Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $6,692,000 are rescinded.
Operational Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,200,000 are rescinded.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Chemical Agents and Munitions Destruction, Defense
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $456,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $20,652,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $27,000,000 are rescinded.
Drug Interdiction and Counter-Drug Activities, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(RESCISSIONS)
Sec. 201. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104-32),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Air National Guard'', $5,000,000;
``Military Construction, Defense-wide'', $41,000,000;
``Base Realignment and Closure Account, Part II'',
$35,391,000;
``Base Realignment and Closure Account, Part III'',
$75,638,000; and
``Base Realignment and Closure Account, Part IV'',
$22,971,000:
Provided, That of the funds appropriated in the Military
Construction Appropriations Act, 1997 (Public Law 104-196),
amounts are hereby rescinded from the following accounts in
the specified amounts:
``Military Construction, Army'', $1,000,000;
``Military Construction, Navy'', $2,000,000;
``Military Construction, Air Force'', $3,000,000; and
``Military Construction, Defense-wide'', $3,000,000.
(RESCISSION)
Sec. 202. Of the funds appropriated for ``Military
Construction, Navy'' under Public Law 103-307, $6,480,000 is
hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 301. The Department of Defense is directed to report
to the congressional defense committees 30 days prior to
transferring management, development, and acquisition
authority over the elements of the National Missile Defense
Program from the Military Services: Provided, That the Joint
Requirements Oversight Council is directed to conduct an
analysis and submit recommendations as to the recommended
future roles of the Military Services with respect to
development and deployment of the elements of the National
Missile Defense Program: Provided further, That the analysis
and recommendations shall be submitted to the congressional
defense committees within 60 days of enactment of this Act:
Provided further, That for 60 days following enactment of
this Act, the Department of Defense shall take no actions to
delay or defer planned activities under the National Missile
Defense Program based solely on the conduct of the Joint
Requirements Oversight Council analysis.
Sec. 302. Notwithstanding section 3612(a) of title 22,
United States Code, the incumbent may continue to serve as
the Secretary of Defense designee on the Board of the Panama
Canal Commission if he retires as an officer of the
Department of Defense, until and unless the Secretary of
Defense designates another person to serve in this position.
Sec. 303. Authority of Secretary of Defense to Enter Into
Lease of Building No. 1, Lexington Blue Grass Station,
Lexington, Kentucky.--
(a) Authority to enter into lease.--The Secretary of
Defense may enter into an agreement for the lease of Building
No. 1, Lexington Blue Grass Station, Lexington, Kentucky, and
any real property associated with the building, for purposes
of the use of the building by the Defense Finance and
Accounting Service. The agreement shall meet the requirements
of this section.
(b) Term.--(1) The agreement under this section shall
provide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the
term of the lease.
(2) The agreement shall include a provision specifying
that, if the Secretary ceases to require the leased building
for purpose of the use of the building by the Defense Finance
and Accounting Service before the expiration of the term of
the lease (including any extension or renewal of the term
under an option provided for in paragraph (1)), the remainder
of the lease term may, upon the approval of the lessor of the
building, be satisfied by the Secretary or another department
or agency of the Federal Government (including a military
department) for another purpose similar to such purpose.
(c) Consideration.--(1) The agreement under this section
may not require rental payments by the United States under
the lease under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment
of any utilities associated with the lease of the building
covered by the agreement and for maintenance and repair of
the building.
(d) Improvement.--The agreement under this section may
provide for the improvement of the building covered by the
agreement by the Secretary or other lessee, if any, under
subsection (b)(2).
(e) Limitation on certain activities.--The Secretary may
not obligate or expend funds for the costs of any utilities,
maintenance and repair, or improvements under this lease
under this section in any fiscal year unless funds are
appropriated or otherwise made available for the Department
of Defense for such payment in such fiscal year.
Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C.
1552(a), and 31 U.S.C. 1553(a), funds appropriated in Public
Law 101-511, Public Law 102-396, and Public Law 103-139,
under the heading ``Weapons Procurement, Navy'', that were
obligated and expended to settle claims on the MK-50 torpedo
program may continue to be obligated and expended to settle
those claims.
Sec. 305. None of the funds available to the Department of
Defense in this or any other Act shall be available to pay
the cost of operating a National Missile Defense Joint
Program Office which includes more than 55 military and
civilian personnel located in the National Capital Region.
Sec. 306. Funds obligated by the National Aeronautics and
Space Administration (NASA) in the amount of $61,300,000
during
[[Page H3760]]
fiscal year 1996, pursuant to the ``Memorandum of Agreement
between the National Aeronautics and Space Administration and
the United States Air Force on Titan IV/Centaur Launch
Support for the Cassini Mission,'' signed September 8, 1994,
and September 23, 1994, and Attachments A, B, and C to that
Memorandum, shall be merged with Air Force appropriations
available for research, development, test and evaluation and
procurement for fiscal year 1996, and shall be available for
the same time period as the appropriation with which merged,
and shall be available for obligation only for those Titan IV
vehicles and Titan IV-related activities under contract.
Sec. 307. For the purposes of implementing the 1997 Defense
Experimental Program to Stimulate Competitive Research
(DEPSCoR), the term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, Guam and the
Virgin Islands of the United States, American Samoa and the
Commonwealth of the Northern Mariana Islands.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM
NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct and guaranteed loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
resulting from flooding and other natural disasters,
$23,000,000, to remain available until expended, of which
$18,000,000 shall be available for emergency insured loans
and $5,000,000 shall be available for subsidized guaranteed
operating loans: Provided, That the entire amount shall be
available only to the extent that an official budget request
for $23,000,000 that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress: Provided further, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct operating loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
$6,300,000, to remain available until expended.
Emergency Conservation Program
For an additional amount for ``Emergency Conservation
Program'' for expenses, including carcass removal, resulting
from flooding and other natural disasters, $70,000,000, to
remain available until expended: Provided, That the entire
amount shall be available only to the extent that an official
budget request for $70,000,000, that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards
damaged by natural disasters: Provided, That the entire
amount shall be available only to the extent that an official
budget request of $9,000,000, that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
Commodity Credit Corporation Fund
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning
October 1, 1996, through the date of enactment of this Act,
the Secretary may use up to $50,000,000 from proceeds earned
from the sale of grain in the disaster reserve established in
the Agricultural Act of 1970 to implement a livestock
indemnity program for losses from natural disasters pursuant
to a Presidential or Secretarial declaration requested prior
to the date of enactment of this Act in a manner similar to
catastrophic loss coverage available for other commodities
under 7 U.S.C. 1508(b): Provided, That in administering a
program described in the preceding sentence, the Secretary
shall, to the extent practicable, utilize gross income and
payment limitations conditions established for the Disaster
Reserve Assistance Program for the 1996 crop year: Provided
further, That notwithstanding any other provision of law,
beginning on October 1, 1997, grain in the disaster
reserve established in the Agricultural Act of 1970 shall
not exceed 20 million bushels: Provided further, That the
entire amount shall be available only to the extent an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of such
Act.
Natural Resources Conservation Service
Watershed and Flood Prevention Operations
For an additional amount for ``Watershed and Flood
Prevention Operations'' to repair damages to the waterways
and watersheds, including debris removal that would not be
authorized under the Emergency Watershed Program, resulting
from flooding and other natural disasters, including those in
prior years, $166,000,000, to remain available until
expended: Provided, That the entire amount shall be available
only to the extent an official budget request for
$166,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That if the
Secretary determines that the cost of land and farm
structures restoration exceeds the fair market value of an
affected agricultural land, the Secretary may use sufficient
amounts, not to exceed $15,000,000, from funds provided under
this heading to accept bids from willing sellers to provide
floodplain easements for such agricultural land inundated by
floods: Provided further, That none of the funds provided
under this heading shall be used for the salmon memorandum of
understanding.
Rural Housing Service
Rural Housing Insurance Fund Program Account
Rural Housing Assistance Program
Any unobligated balances remaining in the ``Rural Housing
Insurance Fund Program Account'' from prior years' disaster
supplementals shall be available until expended for Section
502 housing loans, Section 504 loans and grants, Section 515
loans, and domestic farm labor grants to meet emergency needs
resulting from natural disasters: Provided, That such
unobligated balances shall be available only to the extent an
official budget request that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985 is transmitted by the President to the Congress:
Provided further, That such unobligated balances are
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of such Act: Provided further,
That notwithstanding section 520 of the Housing Act of 1949,
as amended, (42 U.S.C. 1490) the College Station area of
Pulaski County, Arkansas shall be eligible for loans and
grants available through the Rural Housing Service: Provided
further, That funds made available in Public Law 104-180 for
Community Facility Grants for the Rural Housing Assistance
Program may be provided to any community otherwise eligible
for a Community Facility Loan for expenses directly or
indirectly resulting from flooding and other natural
disasters.
Rural Utilities Service
Rural Utilities Assistance Program
For an additional amount for ``Rural Utilities Assistance
Program'', for the cost of direct loans, loan guarantees, and
grants, including the cost of modifying loans as defined in
section 502 of the Congressional Budget Act of 1974, for
emergency expenses resulting from flooding and other natural
disasters, $4,000,000, to remain available until September
30, 1998: Provided, That the entire amount shall be
available only to the extent that an official budget
request for $4,000,000, that includes designation of the
entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
Food and Consumer Service
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For an additional amount for the ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'' as
authorized by section 17 of the Child Nutrition Act of 1966,
as amended (42 U.S.C. et seq.), $76,000,000, to remain
available through September 30, 1998: Provided, That the
Secretary shall allocate such funds through the existing
formula or, notwithstanding sections 17(g), (h), or (i) of
such Act and the regulations promulgated thereunder, such
other means as the Secretary deems necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON
PRICES RECEIVED FOR BULK CHEESE.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
collect and disseminate, on a weekly basis, statistically
reliable information, obtained from cheese
[[Page H3761]]
manufacturing areas in the United States on prices received
and terms of trade involving bulk cheese, including
information on the national average price for bulk cheese
sold through spot and forward contract transactions. To the
maximum extent practicable, the Secretary shall report the
prices and terms of trade for spot and forward contract
transactions separately.
(b) Confidentiality.--All information provided to, or
acquired by, the Secretary under subsection (a) shall be kept
confidential by each officer and employee of the Department
of Agriculture except that general weekly statements may be
issued that are based on the information and that do not
identify the information provided by any person.
(c) Report.--Not later than 150 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Agriculture, and the Committee on
Appropriations, of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate of
reporting compliance by cheese manufacturers with respect to
the information collected under subsection (a). At the time
of the report, the Secretary may submit legislative
recommendations to improve the rate of reporting compliance.
(d) Termination of Effectiveness.--The authority provided
by subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'' for emergency infrastructure expenses
and the capitalization of revolving loan funds related to
recent flooding and other natural disasters, $52,200,000, to
remain available until expended, of which not to exceed
$2,000,000 may be available for administrative expenses and
may be transferred to and merged with the appropriations for
``Salaries and Expenses'': Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
National Institute of Standards and Technology
industrial technology services
Of the amount provided under this heading in Public Law
104-208 for the Advanced Technology Program, not to exceed
$35,000,000 shall be available for the award of new grants.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
Within amounts available for ``Operations, Research, and
Facilities'' for Satellite Observing Systems, not to exceed
$7,000,000 is available until expended to provide disaster
assistance related to recent flooding and red tide pursuant
to section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act, and not to exceed $2,000,000
is available until expended to implement the Magnuson-Stevens
Fishery Conservation and Management Act: Provided, That the
entire amount shall be available only to the extent that an
official budget request for $9,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
such Act.
Construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
RELATED AGENCY
Commission on the Advancement of Federal Law Enforcement
For an additional amount for the operations of the
Commission on the Advancement of Federal Law Enforcement,
$2,000,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 2
Sec. 2001. Of the funds currently contained within the
``Counterterrorism Fund'' of the Department of Justice,
$3,000,000 is provided for allocation by the Attorney General
to the appropriate unit or units of government in Ogden,
Utah, for necessary expenses, including enhancements and
upgrade of security and communications infrastructure, to
counter any potential terrorism threat related to the 2002
Winter Olympic games to be held in Utah.
Sec. 2002. Expanding Small Business Participation in
Dredging.--Section 722(a) of the Small Business
Competitiveness Demonstration Program Act of 1988 (15 U.S.C.
644 note) is amended by striking ``September 30, 1996'' and
inserting ``September 30, 1997''.
Sec. 2003. Section 101 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1371) is amended by adding at the end
thereof the following:
``(d) Good Samaritan Exemption.--It shall not be a
violation of this Act to take a marine mammal if--
``(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal
entangled in fishing gear or debris;
``(2) reasonable care is taken to ensure the safe release
of the marine mammal, taking into consideration the
equipment, expertise, and conditions at hand;
``(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
``(4) such taking is reported to the Secretary within 48
hours.''.
Sec. 2004. Notwithstanding any other provision of law, the
Secretary of Commerce shall have the authority to reprogram
or transfer up to $41,000,000 of the amounts provided
under ``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'' for Satellite
Observing Systems in Public Law 104-208 for other
programmatic and operational requirements of the National
Oceanic and Atmospheric Administration and the Department
of Commerce subject to notification of the Committees on
Appropriations of the House of Representatives and the
Senate in accordance with section 605 of the Departments
of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1997 and which shall
not be available for obligation or expenditure except in
compliance with the procedure set forth in that section.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For an additional amount for ``Flood Control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee'' for
emergency expenses due to flooding and other natural
disasters, $20,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses due to flooding and other
natural disasters, $150,000,000, to remain available until
expended: Provided, That of the total amount appropriated,
the amount for eligible navigation projects which may be
derived from the Harbor Maintenance Trust Fund pursuant to
Public Law 99-662, shall be derived from that fund: Provided
further, That of the total amount appropriated, $5,000,000
shall be available solely for the Secretary of the Army,
acting through the Chief of Engineers, to pay the costs of
the Corps of Engineers and other Federal agencies associated
with the development of necessary studies, an interagency
management plan, environmental documentation, continued
monitoring, and other activities related to allocations of
water in the Alabama-Coosa-Tallapoosa and Apalachicola-
Chattahoochee-Flint River Basins: Provided further, That no
portion of such $5,000,000 may be used by the Corps of
Engineers to revise its master operational manuals or water
control plans for operation of the reservoirs for the two
river basins until (1) the interstate compacts for the two
river basins are ratified by the Congress by law; and (2) the
water allocation formulas for the two river basins have been
agreed to by the States of Alabama, Georgia, and Florida and
the Federal representative to the compacts: Provided further,
That the preceding proviso shall not apply to the use of such
funds for any environmental reviews necessary for the Federal
representative to approve the water allocation formulas for
the two river basins: Provided further, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' due to flooding and other natural disasters,
$415,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That with $5,000,000 of
the funds appropriated herein, the Secretary of the Army is
directed to initiate and complete preconstruction engineering
and design and the associated Environmental Impact Statement
for an emergency outlet from Devils Lake, North Dakota, to
the Sheyenne River: Provided further, That of the funds
appropriated under this paragraph, $5,000,000 shall be
used for the project consisting of channel restoration and
improvements on the James River authorized by section
401(b) of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4128) if the Secretary of
the Army determines that the need for such restoration and
improvements constitutes an emergency.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Operation and Maintenance
For an additional amount for ``Operation and Maintenance'',
$7,355,000, to remain
[[Page H3762]]
available until expended, to repair damage caused by floods
and other natural disasters: Provided, That of the total
appropriated, the amount for program activities that can be
financed by the Reclamation Fund shall be derived from that
fund: Provided further, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 3
Sec. 3001. (a) Beginning in fiscal year 1997 and
thereafter, the United States members and the alternate
members appointed under the Susquehanna River Basin Compact
(Public Law 91-575), and the Delaware River Basin Compact
(Public Law 87-328), shall be officers of the U.S. Army Corps
of Engineers, who hold Presidential appointments as Regular
Army officers with Senate confirmation, and who shall serve
without additional compensation.
(b) Section 2, Reservations, Paragraph (u) of Public Law
91-575 (84 Stat. 1509) and section 15.1, Reservations,
Paragraph (d) of Public Law 87-328 (75 Stat. 688, 691) are
hereby repealed.
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is
amended by striking the words ``during the term of office of
the President'' and inserting the words ``at the pleasure of
the President''.
Sec. 3002. Notwithstanding section 5 of the Reclamation
Safety of Dams Act of 1978, Public Law 95-578, as amended,
the Secretary of the Interior is authorized to obligate up to
$1,200,000 for carrying out actual construction for safety of
dam purposes to modify the Willow Creek Dam, Sun River
Project, Montana.
Sec. 3003. (a) Consultation and Conferencing.--As provided
by regulations issued under the Endangered Species Act (16
U.S.C. 1531 et seq.) for emergency situations, formal
consultation or conferencing under section 7(a)(2) or section
7(a)(4) of the Act for any action authorized, funded or
carried out by any Federal agency to repair a Federal or non-
Federal flood control project, facility or structure may be
deferred by the Federal agency authorizing, funding or
carrying out the action, if the agency determines that the
repair is needed to respond to an emergency causing an
imminent threat to human lives and property in 1996 or 1997.
Formal consultation or conferencing shall be deferred until
the imminent threat to human lives and property has been
abated. For purposes of this section, the term repair shall
include preventive and remedial measures to restore the
project, facility or structure to remove an imminent threat
to human lives and property.
(b) Reasonable and Prudent Measures.--Any reasonable and
prudent measures specified under section 7 of the Endangered
Species Act (16 U.S.C. 1536) to minimize the impact of an
action taken under this section shall be related both in
nature and extent to the effect of the action taken to repair
the flood control project, facility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
ASSISTANCE TO UKRAINE
Sec. 4001. The President may waive the minimum funding
requirements contained in subsection (k) under the heading
``Assistance for the New Independent States of the Former
Soviet Union'' contained in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
included in Public Law 104-208, for activities for the
government of Ukraine funded in that subsection, if he
determines and so reports to the Committees on Appropriations
that the government of Ukraine:
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate according to
generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping of
steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Construction
(including transfer of funds)
For an additional amount for ``Construction'' to repair
damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$4,403,000 is to be derived by transfer from unobligated
balances of funds under the heading, ``Oregon and California
Grant Lands'', made available as supplemental appropriations
in Public Law 104-134: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Oregon and California Grant Lands
For an additional amount for ``Oregon and California Grant
Lands'' to repair damage caused by floods and other natural
disasters, $2,694,000, to remain available until expended and
to be derived from unobligated balances of funds under the
heading, ``Oregon and California Grant Lands'', made
available as supplemental appropriations in Public Law 104-
134: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Fish and Wildlife Service
Resource Management
For an additional amount for ``Resource Management'',
$5,300,000, to remain available until expended, for technical
assistance and fish replacement made necessary by floods and
other natural disasters, for restoration of public lands
damaged by fire, and for payments to private landowners for
the voluntary use of private land to store water in restored
wetlands: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $88,000,000,
to remain available until expended, to repair damage caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Land Acquisition
For an additional amount for ``Land Acquisition'',
$10,000,000, to remain available until expended, for the
cost-effective emergency acquisition of land and water rights
necessitated by floods and other natural disasters: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
National Park Service
Construction
For an additional amount for ``Construction'' for
emergency expenses resulting from flooding and other natural
disasters, $187,321,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That of this amount,
$30,000,000 shall be available only to the extent an official
budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined in such Act, is transmitted
by the President to Congress, and upon certification by the
Secretary of the Interior to the President that a specific
amount of such funds is required for (1) repair or
replacement of concession use facilities at Yosemite National
Park if the Secretary determines, after consulting with the
Director of the Office of Management and Budget, that the
repair or replacement of those facilities cannot be
postponed until completion of an agreement with the
Yosemite Concessions Services Corporation or any
responsible third party to satisfy its repair or
replacement obligations for the facilities, or (2) the
Federal portion, if any, of the costs of repair or
replacement of such concession use facilities: Provided
further, That nothing herein should be construed as
impairing in any way the rights of the United States
against the Yosemite Concession Services Corporation or
any other party or as relieving the Corporation or any
other party of its obligations to the United States:
Provided further, That prior to any final agreement by the
Secretary with the Corporation or any other party
concerning its obligation to repair or replace concession
use facilities, the Solicitor of the Department of the
Interior shall certify that the agreement fully satisfies
the obligations of the Corporation or third party:
Provided further, That nothing herein, or any payments,
repairs, or replacements made by the Corporation or a
third party in fulfillment of the Corporation's
obligations to the United States to repair and replace
damaged facilities, shall create any possessory interest
for the Corporation or such third party in such repaired
or replaced facilities: Provided further, That any
payments made to the United States by the Corporation or a
third party for repair or replacement of concession use
facilities shall be deposited in the General Fund of the
Treasury or, where facilities are repaired or replaced by
the Corporation or any other third party, an equal amount
of appropriations for ``Construction'' shall be rescinded.
For an additional amount for ``Construction'', $10,000,000,
to remain available until expended, to make repairs,
construct facilities, and provide visitor transportation and
for related purposes at Yosemite National Park.
United States Geological Survey
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'', $4,650,000, to remain available until September
30, 1998, to repair or replace damaged equipment and
facilities caused by floods and other natural disasters:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian
Programs'', $14,317,000, to remain available until September
30, 1998, for emergency response activities, including
emergency school operations, heating costs,
[[Page H3763]]
emergency welfare assistance, and to repair and replace
facilities and resources damaged by snow, floods, and other
natural disasters: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $6,249,000,
to remain available until expended, to repair damages caused
by floods and other natural disasters: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That notwithstanding any other
provision of law, funds appropriated herein and in Public Law
104-208 to the Bureau of Indian Affairs for repair of the
Wapato irrigation project shall be made available on a
nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
National Forest System
For an additional amount for ``National Forest System'' for
emergency expenses resulting from flooding and other natural
disasters, $39,677,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Reconstruction and Construction
For an additional amount for ``Reconstruction and
Construction'' for emergency expenses resulting from flooding
and other natural disasters, $27,685,000, to remain available
until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
For an additional amount for ``Indian Health Services'' for
emergency expenses resulting from flooding and other natural
disasters, $1,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
INDIAN HEALTH FACILITIES
For an additional amount for ``Indian Health Facilities''
for emergency expenses resulting from flooding and other
natural disasters, $2,000,000, to remain available until
expended: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 5
Sec. 5001. Section 101(c) of Public Law 104-134 is amended
as follows: Under the heading ``Title III--General
Provisions'' amend sections 315(c)(1)(A) and 315(c)(1)(B) by
striking in each of those sections ``104%'' and inserting in
lieu thereof ``100%''; by striking in each of those sections
``1995'' and inserting in lieu thereof ``1994''; and by
striking in each of those sections ``and thereafter annually
adjusted upward by 4%,''.
Sec. 5002. Section 101(d) of Public Law 104-208 is amended
as follows: Under the heading ``Administrative Provisions,
Indian Health Service'' strike the seventh proviso and insert
the following in lieu thereof: ``: Provided further, That
with respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in
advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self Determination Act, may
be credited to the same or subsequent appropriation account
which provided the funding, said amounts to remain available
until expended''.
Sec. 5003. (a) Extension and Effective Date.--Section
3711(b)(1) of the San Carlos Apache Tribe Water Rights
Settlement Act of 1992 (106 Stat. 4752) is amended by
striking ``June 30, 1997'' and inserting ``March 31, 1999''.
(b) Extension for River System General Adjudication.--
Section 3711 of such Act is amended by adding at the end the
following new subsection:
``(c) Extension for River System General Adjudication.--If,
at any time prior to March 31, 1999, the Secretary notifies
the Committee on Indian Affairs of the United States Senate
or the Committee on Resources in the United States House of
Representatives that the Settlement Agreement, as executed by
the Secretary, has been submitted to the Superior Court of
the State of Arizona in and for Maricopa County for
consideration and approval as part of the General
Adjudication of the Gila River System and Source, the March
31, 1999, referred to in subsection (b)(1) shall be deemed to
be changed to December 31, 1999.''.
(c) Counties.--Section 3706(b)(3) of such Act is amended by
inserting ``Gila, Graham, Greenlee,'' after ``Maricopa,''.
(d) Parties to Agreement.--Section 3703(2) of such Act is
amended by adding at the end the following new sentence:
``The Gila Valley Irrigation District and the Franklin
Irrigation District shall be added as parties to the
Agreement, but only so long as none of the aforementioned
parties objects to adding the Gila Valley Irrigation and/or
the Franklin Irrigation District as parties to the
Agreement.''.
(e) Definitions.--Section 3703 of such Act is amended by
adding the following new paragraphs:
``(12) `Morenci mine complex' means the lands owned or
leased by Phelps Dodge Corporation, now or in the future,
delineated in a map as `Phelps Dodge Mining, Mineral
Processing, and Auxiliary Facilities Water Use Area', which
map is dated March 19, 1996, and is on file with the
Secretary of the Interior.
``(13) `Upper Eagle Creek Wellfield' means that area in
Greenlee County which is bounded by the eastern boundary of
Graham County on the west, the southern boundary of the Black
River watershed on the north, a line running north and south
5 miles east of the eastern boundary of Graham County on the
east, and the southern boundary of the natural drainage of
Cottonwood Canyon on the south.''.
(f) Black River Facilities.--Section 3711 of such Act, as
amended by subsection (b) of this Act, is further amended by
adding at the end the following:
``(d) Black River Facilities.--
``(1) In general.--The provisions and agreements set forth
or referred to in paragraphs (2), (3), and (4) below shall be
enforceable against the United States in United States
district court, and the immunity of the United States for
such purposes and for no other purpose is hereby waived. The
provisions and agreements set forth or referred to in
paragraphs (2)(A), (3), and (4) below shall be enforceable
against the Tribe in United States district court, and the
immunity of the Tribe for such purposes and for no other
purpose, is hereby waived. The specific agreements made by
the Tribe and set forth in paragraph (5) shall be enforceable
against the Tribe in United States district court, and the
immunity of the Tribe is hereby waived as to such specific
agreements and for no other purpose.
``(2) Interim period.--
``(A) As of July 23, 1997, Phelps Dodge shall vacate the
reservation and no longer rely upon permit #2000089, dated
July 25, 1944. On such date the United States, through the
Bureau of Reclamation, shall enter, operate, and maintain the
Black River pump station, outbuildings, the pipeline, related
facilities, and certain caretaker quarters (hereinafter
referred to collectively as the `Black River facilities').
``(B) The United States and Phelps Dodge shall enter into a
contract for delivery of water pursuant to subparagraph (C),
below. Water for delivery to Phelps Dodge from the Black
River shall not exceed an annual average of 40 acre feet per
day, or 14,000 acre feet per year. All diversions from Black
River to Phelps Dodge shall be junior to the diversion and
use of up to 7,300 acre feet per year by the San Carlos
Apache Tribe, and no such diversion for Phelps Dodge shall
cause the flow of Black River to fall below 20 cubic feet per
second. The United States shall account for the costs for
operating and maintaining the Black River facilities, and
Phelps Dodge shall reimburse the United States for such
costs. Phelps Dodge shall pay to the United States, for
delivery to the Tribe, the sum of $20,000 per month, with an
annual CPI adjustment from July 23, 1997, for purposes of
compensating the Tribe for United States use and occupancy of
the Black River facilities. Phelps Dodge and the Tribe shall
cooperate with the United States in effectuating an orderly
transfer of the operations of the Black River facilities from
Phelps Dodge to the United States.
``(C) Notwithstanding any other provision of law, the
contract referred to in subparagraph (B) between the United
States and Phelps Dodge which provides for the diversion of
water from the Black River into the Black River facilities,
and the delivery of such water to Phelps Dodge at that
location where the channel of Eagle Creek last exits the
reservation for use in the Morenci mine complex and the towns
of Clifton and Morenci and at no other location, is ratified
and confirmed.
``(D) The power line right-of-way over the Tribe's
Reservation which currently is held by Phelps Dodge shall
remain in place. During the interim period, Phelps Dodge
shall provide power to the United States for operation of the
pump station and related facilities without charge, and
Phelps Dodge shall pay a monthly right-of-way fee to the
Tribe of $5,000 per month, with an annual CPI adjustment from
July 23, 1997.
``(E) Any questions regarding the water claims associated
with Phelps Dodge's use of the Upper Eagle Creek Wellfield,
its diversions of surface water from Eagle Creek, the San
Francisco River, Chase Creek, and/or its use of other water
supplies are not addressed in this title. No provision in
this subsection shall affect or be construed to affect any
claims by the Tribe, the United States, or Phelps Dodge to
groundwater or surface water.
``(3) Final arrangements and terms.--The interim period
described in paragraph (2) shall extend until all conditions
set forth in
[[Page H3764]]
paragraph (3)(B) have been satisfied. At such time, the
following final arrangements shall apply, based on the terms
set forth below. Such terms shall bind the Tribe, the
United States, and Phelps Dodge, and shall be enforceable
pursuant to subsection (d)(1) of this Act.
``(A) The United States shall hold the Black River
facilities in trust for the Tribe, without cost to the Tribe
or the United States.
``(B) Responsibility for operation of the Black River
facilities shall be transferred from the United States to the
Tribe. The United States shall train Tribal members during
the interim period, and the responsibility to operate the
Black River facilities shall be transferred upon satisfaction
of 2 conditions--
``(i) a finding by the United States that the Tribe has
completed necessary training and is qualified to operate the
Black River facilities; and
``(ii) execution of the contract described in paragraph
(3)(E), which contract shall be executed on or before
December 31, 1998. In the event that the contract is not
executed by December 31, 1998, the transfer described in this
subsection shall occur on December 31, 1998 (so long as
condition (i) of this subparagraph has been satisfied), based
on application of the contract terms described in paragraph
(3)(E), which terms shall be enforceable under this Act. Upon
the approval of the Secretary, the Tribe may contract with
third parties to operate the Black River facilities.
``(C) Power lines currently operated by Phelps Dodge on the
Tribe's Reservation, and the right-of-way associated with
such power lines, shall be surrendered by Phelps Dodge to the
Tribe, without cost to the Tribe. Prior to the surrender of
the power lines, the Bureau of Reclamation shall arrange for
an inspection of the power lines and associated facilities by
a qualified third party and shall obtain a certification that
such power lines and facilities are of sound design and are
in good working order. Phelps Dodge shall pay for the cost of
such inspection and certification. Concurrently with the
surrender of the power lines and the right-of-way, Phelps
Dodge shall construct a switch station at the boundary of the
Reservation at which the Tribe may switch power on or off and
shall deliver ownership and control of such switch station to
the Tribe. Subsequent to the transfer of the power lines and
the right-of-way and the delivery of ownership and control of
the switch station to the Tribe, Phelps Dodge shall have no
further obligation or liability of any nature with respect to
the ownership, operation, or maintenance of the power lines,
the right-of-way, or the switch station.
``(D) The Tribe and the United States will enter into an
exchange agreement with the Salt River Project which will
deliver CAP water controlled by the Tribe to the Salt River
Project in return for the diversion of water from the Black
River into the Black River facilities. The exchange agreement
shall be subject to review and approval by Phelps Dodge,
which approval shall not be unreasonably withheld.
Notwithstanding any other provision of law, the contract
referred to in this subparagraph is ratified and confirmed.
``(E) The Tribe, the United States, and Phelps Dodge will
execute a contract covering the lease and delivery of CAP
water from the Tribe to Phelps Dodge on the following terms:
``(i) The Tribe will lease to Phelps Dodge 14,000 acre feet
of CAP water per year as of the date on which the interim
period referred to in paragraph (2) expires. The lease shall
be subject to the terms and conditions identified in the
Tribal CAP Delivery Contract referenced in section 3706(b).
The leased CAP water shall be delivered to Phelps Dodge from
the Black River pursuant to the exchange referred to in
subparagraph (D) above, based on diversions from the Black
River that shall not exceed an annual average of 40 acre feet
per day and shall not cause the flow of Black River to fall
below 20 cubic feet per second. Such CAP water shall be
delivered to Phelps Dodge at that location where the channel
of Eagle Creek last exits the Reservation, to be utilized in
the Morenci mine complex and the towns of Clifton and
Morenci, and at no other location.
``(ii) The leased CAP water shall be junior to the
diversion and use of up to 7,300 acre feet per year from the
Black and Salt Rivers by the San Carlos Apache Tribe.
``(iii) The lease will be for a term of 50 years or, if
earlier, the date upon which mining activities at the Morenci
mine complex cease, with a right to renew for an additional
50 years upon a finding by the Secretary that the water is
needed for continued mining activities at the Morenci mine
complex. The lease shall have the following financial terms:
``(I) The Tribe will lease CAP water at a cost of $1,200
per acre foot. Phelps Dodge shall pay to the United States,
on behalf of the Tribe, the sum of $5,000,000 upon the
earlier of the execution of the agreement, or upon the
expiration of the interim period referred to in paragraph (2)
hereof, which amount shall be a prepayment for and applicable
to the first 4,166 acre feet of CAP water to be delivered in
each year during the term of the lease.
``(II) Phelps Dodge shall pay the United States, on behalf
of the Tribe, the sum of $65 per acre foot per year, with an
annual CPI adjustment for the remaining 9,834 acre feet of
water to be delivered pursuant to the lease each year. Such
payments shall be made in advance on January 1 of each year,
with a reconciliation made at year-end, if necessary, in the
event that less than 14,000 acre feet of CAP water is
diverted from the Black River due to shortages in the CAP
system or on the Black River.
``(III) Phelps Dodge shall pay in advance each month the
Tribe's reasonable costs associated with the Tribe's
operation, maintenance, and replacement of the Black River
facilities for purposes of delivering water to Phelps Dodge
pursuant to the lease, which costs shall be based upon the
experience of the Bureau of Reclamation in operating the
Black River facilities during the interim period referred to
in paragraph (2), subject to an annual CPI adjustment, and
providing for a credit for power provided by Phelps Dodge to
the Tribe. In addition, Phelps Dodge shall pay a monthly fee
of $30,000 to the United States, on behalf of the Tribe, to
account for the use of the Tribe's distribution system.
``(IV) Phelps Dodge shall pay the United States operation,
maintenance, and replacement charges associated with the
leased CAP water and such reasonable interconnection charges
as may be imposed by Salt River Project in connection with
the exchange referred to in subparagraph (D) above.
``(iv) Notwithstanding the provisions of section 3707(b),
any moneys, except Black River facilities OM&R, CAP OM&R and
any charges associated with an exchange agreement with Salt
River Project, paid to the United States on behalf of the
Tribe from the lease referred to under paragraph (3)(D)(iii)
shall be held in trust by the United States for the benefit
of the Tribe. There is hereby established in the Treasury of
the United States a fund to be known as the `San Carlos
Apache Tribe Lease Fund' for such purpose. Interest accruing
to the Fund may be used by the Tribe for economic and
community development purposes upon presentation to the
Secretary of a certified copy of a duly enacted resolution of
the Tribal Council requesting distribution and a written
budget approved by the Tribal Council. Such income may
thereafter be expended only in accordance with such budget.
Income not distributed shall be added to principal. The
United States shall not be liable for any claim or causes of
action arising from the Tribe's use or expenditure of moneys
distributed from the Fund.
``(v) The lease is not assignable to any third party,
except with the consent of the Tribe and Phelps Dodge, and
with the approval of the Secretary.
``(vi) Notwithstanding subsection (b) hereof, section 3706
shall be fully effective immediately with respect to the CAP
water lease provided for in this subparagraph and the
Secretary shall take all actions authorized by section 3706
necessary for purposes of implementing this subparagraph.
Notwithstanding any other provision of law, the contract
referred to in this subparagraph is ratified and confirmed
and shall be enforceable in United States district court. In
the event that no lease authorized by this subparagraph is
executed, this subparagraph, notwithstanding any other
provision of law, shall be enforceable as a lease among the
Tribe, the United States, and Phelps Dodge in the United
States district court, and the Secretary shall take all
action authorized by section 3706 for purposes of
implementing this subparagraph in such an event.
``(F) Any questions regarding the water claims associated
with Phelps Dodge's use of the Eagle Creek Wellfield, its
diversions of surface water from lower Eagle Creek, the San
Francisco River, Chase Creek, and/or its use of other water
supplies are not addressed by this title. No provision in
this subsection shall affect or be construed to affect any
claims by the Tribe, the United States, or Phelps Dodge to
groundwater or surface water.
``(4) Eagle creek.--From the effective date of this
subsection, and during the Interim Period, the Tribe shall
not, in any way, impede, restrict, or sue the United States
regarding the passage of water from the Black River
facilities into those portions of the channels of Willow
Creek and Eagle Creek which flow through the Reservation.
Phelps Dodge agrees to limit pumping from the Upper Eagle
Creek Wellfield so that the combination of water from the
Black River facilities and water pumped from the Upper Eagle
Creek Wellfield does not exceed 22,000 acre feet per year of
delivered water at the Phelps Dodge Lower Eagle Creek Pump
Station below the Reservation. In calculating the pumping
rates allowed under this subparagraph, transmission losses
from Black River and the Upper Eagle Creek Wellfield shall be
estimated, but in no event shall such transmission losses be
more than 10 percent of the Black River or Upper Eagle Creek
Wellfield water. Based on this agreement, the Tribe shall
not, in any way, impede, restrict, or sue Phelps Dodge
regarding the passage of water from the Phelps Dodge Upper
Eagle Creek Wellfield, except that--
``(A) Phelps Dodge shall pay to the United States, on
behalf of the Tribe, $5,000 per month, with an annual CPI
adjustment from July 23, 1997, to account for the passage of
such flows; and
``(B) the Tribe and the United States reserve the right to
challenge Phelps Dodge's claims regarding the pumping of
groundwater from the Upper Eagle Creek Wellfield, in
accordance with paragraphs (2)(E) and (3)(F) above. In the
event that a court determines that Phelps Dodge does not have
the right to pump the Upper Eagle Creek Wellfield, the Tribe
will no longer be subject
[[Page H3765]]
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.''.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
Public Law 104-208, under the heading ``Health Education
Assistance Loans Program'' is amended by inserting after
``$140,000,000'' the following: ``: Provided further, That
the Secretary may use up to $499,000 derived by transfer from
insurance premiums collected from guaranteed loans made under
title VII of the Public Health Service Act for the purpose of
carrying out section 709 of that Act''.
Administration for Children and Families
CHILDREN AND FAMILIES SERVICES PROGRAMS
Public Law 104-208, under the heading titled ``Children and
Families Services Programs'' is amended by inserting after
the reference to ``part B(1) of title IV'' the following:
``and section 1110''.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support high priority health
research, $15,000,000, to remain available until expended:
Provided, That the Secretary shall award such funds on a
competitive basis.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For additional amounts to carry out subpart 2 of part A of
title I of the Elementary and Secondary Education Act of
1965, $101,133,000, of which $78,362,000 shall be for Basic
Grants and $22,771,000 shall be for Concentration Grants,
which shall be allocated, notwithstanding any other provision
of law, only to those States, and counties within those
States, that will receive, from funds available under the
Department of Education Appropriations Act, 1997, smaller
allocations for Grants to Local Educational Agencies than
they would have received had those allocations been
calculated entirely on the basis of child poverty counts from
the 1990 census: Provided, That the Secretary of Education
shall use these additional funds to provide those States with
50 percent of the difference between the allocations they
would have received had the allocations under that
Appropriations Act been calculated entirely on the basis of
the 1990 census data and the allocations under the 1997
Appropriations Act: Provided further, That if any State's
total allocation under that Appropriations Act and this
paragraph is less than its 1996 allocation for that
subpart, that State shall receive, under this paragraph,
the amount the State would have received had that
allocation been calculated entirely on the basis of child
poverty counts from the 1990 census: Provided further,
That the Secretary shall ratably reduce the allocations to
States under the preceding proviso for either Basic Grants
or Concentration Grants, or both, as the case may be, if
the funds available are insufficient to make those
allocations in full: Provided further, That the Secretary
shall allocate, to such counties in each such State,
additional amounts for Basic Grants and Concentration
Grants that are in the same proportion, respectively, to
the total amounts allocated to the State, as the
differences between such counties' initial allocations for
Basic Grants and Concentration Grants, respectively
(compared to what they would have received had the initial
allocations been calculated entirely on the basis of 1990
census data), are to the differences between the State's
initial allocations for Basic Grants and Concentration
Grants, respectively (compared to the amounts the State
would have received had the initial allocations been
calculated entirely on the basis of 1990 census data):
Provided further, That the funds appropriated under this
paragraph shall become available on July 1, 1997 and shall
remain available through September 30, 1998: Provided
further, That the additional amounts appropriated under
this paragraph shall not be taken into account in
determining State allocations under any other program
administered by the Secretary.
RELATED AGENCY
National Commission on the Cost of Higher Education
salaries and expenses
For necessary expenses for the National Commission on the
Cost of Higher Education, $650,000, to remain available until
expended.
GENERAL PROVISIONS, CHAPTER 6
Sec. 6001. Notwithstanding any other provision of law,
fiscal year 1995 funds awarded under State-administered
programs of the Department of Education and funds awarded for
fiscal year 1996 for State-administered programs under the
Rehabilitation Act of the Department of Education to
recipients in Presidentially declared disaster areas, which
were declared as such during fiscal year 1997, are available
to those recipients for obligation until September 30, 1998:
Provided, That for the purposes of assisting those
recipients, the Secretary's waiver authority under section
14401 of the Elementary and Secondary Education Act of 1965
shall be extended to all State-administered programs of the
Department of Education. This special waiver authority
applies only to funds awarded for fiscal years 1995, 1996,
and 1997.
Sec. 6002. Notwithstanding any other provision of law, the
Secretary of Education may waive or modify any statutory or
regulatory provision applicable to the student financial aid
programs under title IV of the Higher Education Act that the
Secretary deems necessary to assist individuals and other
program participants who suffered financial harm from natural
disasters and who, at the time the disaster struck were
operating, residing at, or attending an institution of higher
education, or employed within these areas on the date which
the President declared the existence of a major disaster (or,
in the case of an individual who is a dependent student,
whose parent or stepparent suffered financial harm from such
disaster, and who resided, or was employed in such an area at
that time): Provided further, That such authority shall be in
effect only for awards for award years 1996-1997 and 1997-
1998.
Sec. 6003. None of the funds provided in this Act or in any
other Act making appropriations for fiscal year 1997 may be
used to administer or implement in Denver, Colorado, the
Medicare Competitive Pricing/Open Enrollment Demonstration,
as titled in the April 1, 1997, Final Request for Proposals
(RFP).
SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS.
(a) In General.--Notwithstanding any other provision of
law, during the period beginning on April 30, 1997, and
ending on July 30, 1997, the Governors of the States
described in paragraph (1) of subsection (b) may, subject to
subsection (c), use amounts received for the provision of
child care assistance or services under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.)
to provide emergency child care services to individuals
described in paragraph (2) of subsection (b).
(b) Eligibility.--
(1) Of states.--A State described in this paragraph is a
State in which the President, pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121), has determined that a major disaster
exists, or that an area within the State is determined to be
eligible for disaster relief under other Federal law by
reason of damage related to flooding in 1997.
(2) Of individuals.--An individual described in this
subsection is an individual who--
(A) resides within any area in which the President,
pursuant to section 401 of the
[[Page H3766]]
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121), has determined that a major disaster
exists, or within an area determined to be eligible for
disaster relief under other Federal law by reason of damage
related to flooding in 1997; and
(B) is involved in unpaid work activities (including the
cleaning, repair, restoration, and rebuilding of homes,
businesses, and schools) resulting from the flood emergency
described in subparagraph (A).
(c) Limitations.--
(1) Requirements.--With respect to assistance provided to
individuals under this section, the quality, certification
and licensure, health and safety, nondiscrimination, and
other requirements applicable under the Federal programs
referred to in subsection (a) shall apply to child care
provided or obtained under this section.
(2) Amount of funds.--The total amount utilized by each of
the States under subsection (a) during the period referred to
in such subsection shall not exceed the total amount of such
assistance that, notwithstanding the enactment of this
section, would otherwise have been expended by each such
State in the affected region during such period.
(d) Priority.--In making assistance available under this
section, the Governors described in subsection (a) shall give
priority to eligible individuals who do not have access to
income, assets, or resources as a direct result of the
flooding referred to in subsection (b)(2)(A).
extension of ssi redetermination provisions
Sec. 6005. (a) Section 402(a)(2)(D)(i) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(2)(D)(i)) is amended--
(1) in subclause (I), by striking ``the date which is 1
year after such date of enactment,'' and inserting
``September 30, 1997,''; and
(2) in subclause (III), by striking ``the date of the
redetermination with respect to such individual'' and
inserting ``September 30, 1997,''.
(b) The amendment made by subsection (a) shall be effective
as if included in the enactment of section 402 of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996.
CHAPTER 7
CONGRESSIONAL OPERATIONS
SENATE
Contingent Expenses of the Senate
Secretary of the Senate
(Transfer of funds)
For an additional amount for expenses of the ``Office of
the Secretary of the Senate'', to carry out the provisions of
section 8 of the Legislative Branch Appropriations Act, 1997,
$5,000,000, to remain available until September 30, 2000, to
be derived by transfer from funds previously appropriated
from fiscal year 1997 funds under the heading ``SENATE'',
subject to the approval of the Committee on Appropriations.
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to Marissa, Sonya, and Frank (III) Tejeda,
children of Frank Tejeda, late a Representative from the
State of Texas, $133,600.
OTHER AGENCY
Botanic Garden
Salaries and Expenses
For an additional amount for ``Salaries and Expenses,
Botanic Garden'', $33,500,000, to remain available until
expended, for emergency repair and renovation of the
Conservatory.
GENERAL PROVISIONS, CHAPTER 7
Sec. 7001. Section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 61-1(f)) is amended by
adding at the end the following: ``The limitation on the
minimum rate of gross compensation under this subsection
shall not apply to any member or civilian employee of the
Capitol Police whose compensation is disbursed by the
Secretary of the Senate.''.
Sec. 7002. (a) Notwithstanding any other provision of law
or regulation, with the approval of the Committee on Rules
and Administration of the Senate, the Sergeant at Arms and
Doorkeeper of the Senate is authorized to provide additional
facilities, services, equipment, and office space for use by
a Senator in that Senator's State in connection with a
disaster or emergency declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act. Expenses incurred by the Sergeant at Arms and Doorkeeper
of the Senate under this section shall be paid from the
appropriation account, within the contingent fund of the
Senate, for expenses of the Office of the Sergeant at Arms
and Doorkeeper of the Senate, upon vouchers signed by the
Sergeant at Arms and Doorkeeper of the Senate with the
approval of the Committee on Rules and Administration of the
Senate.
(b) This section is effective on and after the date of
enactment of this Act.
Sec. 7003. (a) Section 2 of Public Law 100-71 (2 U.S.C.
65f) is amended by adding at the end the following:
``(c) Upon the written request of the Secretary of the
Senate, with the approval of the Committee on Appropriations
of the Senate, there shall be transferred any amount of funds
available under subsection (a) specified in the request, but
not to exceed $10,000 in any fiscal year, from the
appropriation account (within the contingent fund of the
Senate) for expenses of the Office of the Secretary of the
Senate to the appropriation account for the expense allowance
of the Secretary of the Senate. Any funds so transferred
shall be available in like manner and for the same purposes
as are other funds in the account to which the funds are
transferred.''.
(b) The amendment made by subsection (a) shall be effective
with respect to appropriations for fiscal years beginning on
or after October 1, 1996.
Sec. 7004. The Comptroller General may use available funds,
now and hereafter, to enter into contracts for the
acquisition of severable services for a period that begins in
one fiscal year and ends in the next fiscal year and to enter
in multiyear contracts for the acquisition of property and
nonaudit-related services, to the same extent as executive
agencies under the authority of sections 303L and 304B,
respectively, of the Federal Property and Administrative
Services Act (41 U.S.C. 253l and 254c).
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Coast Guard
OPERATING EXPENSES
For an additional amount for ``Operating Expenses'',
$1,600,000, for necessary expenses directly related to
support activities in the TWA Flight 800 crash investigation,
to remain available until expended.
Retired Pay
For an additional amount for ``Retired Pay'', $9,200,000.
Federal Highway Administration
Federal-Aid Highways
Emergency Relief Program
(Highway Trust Fund)
For an additional amount for the Emergency Relief Program
for emergency expenses resulting from flooding and other
natural disasters, as authorized by 23 U.S.C. 125,
$650,000,000, to be derived from the Highway Trust Fund and
to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That 23 U.S.C. 125(b)(1)
shall not apply to projects resulting from the December
1996 and January 1997 flooding in the western States.
FEDERAL-AID HIGHWAYS
(limitation on obligations)
(Highway Trust Fund)
The limitation under this heading in Public Law 104-205 is
increased by $694,810,534: Provided, That such additional
authority shall remain available during fiscal year 1997:
Provided further, That notwithstanding any other provision of
law, the authority provided herein above shall be distributed
to ensure that States receive an amount they would have
received had the Highway Trust Fund fiscal year 1994 income
statement not been understated prior to the revision on
December 24, 1996: Provided further, That notwithstanding any
other provision of law, $318,077,043 of the amount provided
herein above shall be distributed to assure that States
receive obligation authority that they would have received
had the Highway Trust Fund fiscal year 1995 income statement
not been revised on December 24, 1996: Provided further, That
the remaining authority provided herein above shall be
distributed to those States whose share of Federal-aid
obligation limitation under section 310 of Public Law 104-205
is less than the amount such States received under section
310(a) of Public Law 104-50 in fiscal year 1996 in a ratio
equal to the amounts necessary to bring each such State to
the Federal-aid obligation limitation distributed under
section 310(a) of Public Law 104-50.
Federal Railroad Administration
Emergency Railroad Rehabilitation and Repair
For necessary expenses to repair and rebuild freight rail
lines of regional and short line railroads or a State entity
damaged by floods, $18,900,000, to be awarded subject to the
discretion of the Secretary on a case-by-case basis:
Provided, That up to $900,000 shall be solely for damage
incurred in West Virginia in September 1996 and $18,000,000
shall be solely for damage incurred in the Northern Plains
States in March and April 1997: Provided further, That funds
provided under this head shall be available for
rehabilitation of railroad rights-of-way, bridges, and other
facilities which are part of the general railroad system of
transportation, and primarily used by railroads to move
freight traffic: Provided further, That railroad rights-of-
way, bridges, and other facilities owned by class I railroads
are not eligible for funding under this head unless the
rights-of-way, bridges or other facilities are under contract
lease to a class II or class III railroad under which the
lessee is responsible for all maintenance costs of the
line: Provided further, That railroad rights-of-way,
bridges and other facilities owned by passenger railroads,
or by tourist, scenic, or historic railroads are not
eligible for funding under this head: Provided further,
That these funds shall be available only to the extent an
official budget request, for a specific dollar amount,
that includes designation of the entire amount as
[[Page H3767]]
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That all funds made available under this head are to
remain available until September 30, 1997.
RELATED AGENCY
National Transportation Safety Board
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', for
emergency expenses resulting from the crashes of TWA Flight
800, ValuJet Flight 592, and Comair Flight 3272, and for
assistance to families of victims of aviation accidents as
authorized by Public Law 104-264, $29,859,000, of which
$4,877,000 shall remain available until expended: Provided,
That these funds shall be available only to the extent an
official budget request, for a specific dollar amount, that
includes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That notwithstanding any other
provision of law, not more than $10,330,000 shall be provided
by the National Transportation Safety Board to the Department
of the Navy as reimbursement for costs incurred in connection
with recovery of wreckage from TWA Flight 800 and shall be
credited to the appropriation contained in the Omnibus
Consolidated Appropriations Act, 1997, which is available for
the same purpose as the appropriation originally charged for
the expense for which the reimbursements are received, to be
merged with, and to be available for the same purpose as the
appropriation to which such reimbursements are credited:
Provided further, That notwithstanding any other provision of
law, of the amount provided to the National Transportation
Safety Board, not more than $6,059,000 shall be made
available to the State of New York and local counties in
New York, as reimbursement for costs incurred in
connection with the crash of TWA Flight 800: Provided
further, That notwithstanding any other provision of law,
of the amount provided, not more than $3,100,000 shall be
made available to Metropolitan Dade County, Florida as
reimbursement for costs incurred in connection with the
crash of ValuJet Flight 592: Provided further, That
notwithstanding any other provision of law, of the amount
provided, not more than $300,000 shall be made available
to Monroe County, Michigan as reimbursement for costs
incurred in connection with the crash of Comair Flight
3272.
GENERAL PROVISIONS, CHAPTER 8
Sec. 8001. Title I of the Department of Transportation and
Related Agencies Appropriations Act, 1997 (Public Law 104-
205) is amended under the heading ``Federal Transit
Administration--Discretionary Grants'' by striking
``$661,000,000'' and inserting ``$661,000''.
Sec. 8002. Section 325 of title III of the Department of
Transportation and Related Agencies Appropriations Act, 1997
(Public Law 104-205) is amended by deleting all text
following: ``Provided, That such funds shall not be subject
to the obligation limitation for Federal-aid highways and
highway safety construction.''.
Sec. 8003. Section 410(j) of title 23, United States Code,
is amended by striking the period after ``1997'' and
inserting ``, and an additional $500,000 for fiscal year
1997.''.
Sec. 8004. Section 30308(a) of title 49, United States
Code, is amended by striking ``and 1996'' and inserting ``,
1996, and 1997''.
CHAPTER 9
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
For an additional amount under the heading ``Departmental
Offices, Salaries and Expenses'', $1,950,000: Provided, That
the Secretary of the Treasury may utilize the law enforcement
services, personnel, equipment, and facilities of the State
of Colorado, the County of Denver, and the City of Denver,
with their consent, and shall reimburse the State of
Colorado, the County of Denver, and the City of Denver for
the utilization of such law enforcement services, personnel
(for salaries, overtime, and benefits), equipment, and
facilities for security arrangements for the Denver Summit of
Eight being held June 20 through June 22, 1997, in Denver,
Colorado subject to verification of appropriate costs.
COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT
DEPARTMENT OF THE TREASURY
United States Customs Service
Salaries and Expenses
Of the funds made available under this heading in Public
Law 104-208, $16,000,000 shall be available until September
30, 1998 to develop further the Automated Targeting System.
U.S. POSTAL SERVICE
Payment to the Postal Service Fund
For an additional amount for the Postal Service Fund for
revenue forgone on free and reduced rate mail, pursuant to
subsection (d) of section 2401 of title 39, United States
Code, $5,383,000.
GENERAL PROVISIONS, CHAPTER 9
Sec. 9001. The Administrator of General Services is
authorized to obligate the funds appropriated in Public Law
104-208 for construction of the Montgomery, Alabama
courthouse.
Sec. 9002. None of the funds appropriated or made available
in this Act or any other Act may be used by the General
Services Administration to implement section 1555 of the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-
355) prior to the date of adjournment of the first session of
the 105th Congress.
Sec. 9003. (a) The Bureau of Engraving and Printing and the
Department of the Treasury shall not award a contract for
Solicitation No. BEP-97-13(TN) or Solicitation No. BEP-96-
13(TN) until the General Accounting Office (GAO) has
completed a comprehensive analysis of the optimum
circumstances for government procurement of distinctive
currency paper. The GAO shall report its findings to the
House and Senate Committees on Appropriations no later than
August 1, 1998.
(b) The contractual term of the distinctive currency paper
``bridge'' contract shall not exceed 24 months, and the
contract shall not be effective until the Secretary of the
Department of the Treasury certifies that the price under the
terms of any ``bridge'' contract is fair and reasonable and
that the terms of any ``bridge'' contract are customary and
appropriate according to Federal procurement regulations. In
addition, the Secretary of the Treasury shall report to the
Committees on Appropriations on the price and profit levels
of any ``bridge'' contract at the time of certification.
Sec. 9004. (a) Chapter 63 of title 5, United States Code,
is amended by adding after subchapter V the following:
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``Sec. 6391. Authority for leave transfer program in
disasters and emergencies
``(a) For the purpose of this section--
``(1) `employee' means an employee as defined in section
6331(1); and
``(2) `agency' means an Executive agency.
``(b) In the event of a major disaster or emergency, as
declared by the President, that results in severe adverse
effects for a substantial number of employees, the President
may direct the Office of Personnel Management to establish an
emergency leave transfer program under which any employee in
any agency may donate unused annual leave for transfer to
employees of the same or other agencies who are adversely
affected by such disaster or emergency.
``(c) The Office shall establish appropriate requirements
for the operation of the emergency leave transfer program
under subsection (b), including appropriate limitations on
the donation and use of annual leave under the program. An
employee may receive and use leave under the program without
regard to any requirement that any annual leave and sick
leave to a leave recipient's credit must be exhausted before
any transferred annual leave may be used.
``(d) A leave bank established under subchapter IV may, to
the extent provided in regulations prescribed by the Office,
donate annual leave to the emergency leave transfer program
established under subsection (b).
``(e) Except to the extent that the Office may prescribe by
regulation, nothing in section 7351 shall apply to any
solicitation, donation, or acceptance of leave under this
section.
``(f) The Office shall prescribe regulations necessary for
the administration of this section.''.
(b) The analysis for chapter 63 of title 5, United States
Code, is amended by adding at the end the following:
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``6391. Authority for leave transfer program in disasters and
emergencies.''.
CHAPTER 10
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Compensation and Pensions
For an additional amount for ``Compensation and pensions'',
$928,000,000, to remain available until expended.
Administrative Provision
The Secretary of Veterans Affairs may carry out the
construction of a multi-story parking garage at the
Department of Veterans Affairs medical center in Cleveland,
Ohio, in the amount of $12,300,000, and there is authorized
to be appropriated for fiscal year 1997 for the Parking
Revolving Fund account, a total of $12,300,000 for this
project.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
Notwithstanding any other provision of law, of the
$1,000,000 appropriated for special purpose grants in Public
Law 102-139, for a parking garage in Ashland, Kentucky,
$500,000 shall be made available instead for use in acquiring
parking in Ashland, Kentucky and $500,000 shall be made
available instead for the restoration of the Paramount
Theater in Ashland, Kentucky.
Preserving Existing Housing Investment
For an additional amount for ``Preserving existing housing
investment'', to be made available for use in conjunction
with properties that are eligible for assistance under
[[Page H3768]]
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 or the Emergency Low Income Housing
Preservation Act of 1987, $3,500,000, to remain available
until expended: Provided, That up to such amount shall be for
a project in Syracuse, New York, the processing for which was
suspended, deferred or interrupted for a period of nine
months or more because of differing interpretations, by the
Secretary of Housing and Urban Development and an owner,
concerning the timing of the ability of an uninsured section
236 property to prepay, or by the Secretary and a State rent
regulatory agency concerning the effect of a presumptively
applicable State rent control law or regulation on the
determination of preservation value under section 213 of
such Act, if the owner of such project filed a notice of
intent to extend the low-income affordability restrictions
of the housing on or before August 23, 1993, and the
Secretary approved the plan of action on or before July
25, 1996.
capacity building for community development and affordable housing
(transfer of funds)
For ``Capacity building for community development and
affordable housing'', as authorized by section 4 of the HUD
Demonstration Act of 1993 (Public Law 103-120), $30,200,000,
to remain available until expended, and to be derived by
transfer from the Homeownership and Opportunity for People
Everywhere Grants account: Provided, That at least
$10,000,000 of the funding under this head be used in rural
areas, including tribal areas.
Community Planning and Development
COMMUNITY DEVELOPMENT BLOCK GRANTS FUND
For an additional amount for ``Community development block
grants fund'', as authorized under title I of the Housing and
Community Development Act of 1974, $500,000,000, of which
$250,000,000 shall become available for obligation on October
1, 1997, all of which shall remain available until September
30, 2000, for use only for buyouts, relocation, long-term
recovery, and mitigation in communities affected by the
flooding in the upper Midwest and other disasters in fiscal
year 1997 and such natural disasters designated 30 days prior
to the start of fiscal year 1997, except those activities
reimbursable or for which funds are made available by the
Federal Emergency Management Agency, the Small Business
Administration, or the Army Corps of Engineers: Provided,
That in administering these amounts, the Secretary may waive,
or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by
the recipient of these funds, except for statutory
requirements related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards, upon
a finding that such waiver is required to facilitate the use
of such funds, and would not be inconsistent with the overall
purpose of the statute: Provided further, That the Secretary
of Housing and Urban Development shall publish a notice in
the Federal Register governing the use of community
development block grants funds in conjunction with any
program administered by the Director of the Federal Emergency
Management Agency for buyouts for structures in disaster
areas: Provided further, That for any funds under this head
used for buyouts in conjunction with any program administered
by the Director of the Federal Emergency Management Agency,
each State or unit of general local government requesting
funds from the Secretary of Housing and Urban Development for
buyouts shall submit a plan to the Secretary which must be
approved by the Secretary as consistent with the requirements
of this program: Provided further, That the Secretary of
Housing and Urban Development and the Director of the Federal
Emergency Management Agency shall submit quarterly reports to
the House and Senate Committees on Appropriations on all
disbursements and uses of funds for or associated with
buyouts: Provided further, That for purposes of disasters
eligible under this head the Secretary of Housing and Urban
Development may waive, on a case-by-case basis and upon such
other terms as the Secretary may specify, in whole or in
part, the requirements that activities benefit persons of
low- and moderate-income pursuant to section 122 of the
Housing and Community Development Act of 1974, and may waive,
in whole or in part, the requirements that housing qualify as
affordable housing pursuant to section 290 of the HOME
Investment Partnerships Act: Provided further, That the
entire amount shall be available only to the extent an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement
as defined by the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the
entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
Management and Administration
SALARIES AND EXPENSES
Of the funds appropriated under this head in Public Law
104-204, the Secretary of Housing and Urban Development shall
enter into a contract with the National Academy of Public
Administration not to exceed $1,000,000 no later than one
month after enactment of this Act for an evaluation of the
Department of Housing and Urban Development's management
systems.
INDEPENDENT AGENCIES
Environmental Protection Agency
buildings and facilities
From the amounts appropriated under this heading in prior
appropriation Acts for the Center for Ecology Research and
Training (CERT), the Environmental Protection Agency (EPA)
shall, after the closing of the period for filing CERT-
related claims pursuant to the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.), obligate the maximum amount of funds necessary
to settle all outstanding CERT-related claims against the EPA
pursuant to such Act. To the extent that unobligated balances
then remain from such amounts previously appropriated, the
EPA is authorized beginning in fiscal year 1997 to make
grants to the City of Bay City, Michigan, for the purpose of
EPA-approved environmental remediation and rehabilitation of
publicly owned real property included in the boundaries of
the CERT project.
state and tribal assistance grants
The funds appropriated in Public Law 104-204 to the
Environmental Protection Agency under this heading for grants
to States and federally recognized tribes for multi-media or
single media pollution prevention, control, and abatement and
related activities, $674,207,000, may also be used for the
direct implementation by the Federal Government of a program
required by law in the absence of an acceptable State or
tribal program.
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster relief '',
$3,300,000,000, to remain available until expended: Provided,
That $2,300,000,000 shall become available for obligation on
September 30, 1997, but shall not become available until the
Director of the Federal Emergency Management Agency submits
to the Congress a legislative proposal to control disaster
relief expenditures including the elimination of funding for
certain revenue producing facilities: Provided further, That
of the funds made available under this heading, up to
$20,000,000 may be transferred to the Disaster Assistance
Direct Loan Program for the cost of direct loans as
authorized under section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.): Provided further, That such transfer may be made to
subsidize gross obligations for the principal amount of
direct loans not to exceed $21,000,000 under section 417 of
the Stafford Act: Provided further, That any such transfer of
funds shall be made only upon certification by the Director
of the Federal Emergency Management Agency that all
requirements of section 417 of the Stafford Act will be
complied with: Provided further, That the entire amount
appropriated herein shall be available only to the extent
that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount appropriated herein is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 10
Sec. 10001. The Secretary shall submit semi-annually to the
Committees on Appropriations a list of all contracts and task
orders issued under such contracts in excess of $250,000
which were entered into during the prior 6-month period by
the Secretary, the Government National Mortgage Association,
and the Office of Federal Housing Enterprise Oversight (or by
any officer of the Department of Housing and Urban
Development, the Government National Mortgage Association, or
the Office of Federal Housing Enterprise Oversight acting in
his or her capacity to represent the Secretary or these
entities). Each listing shall identify the parties to the
contract, the term and amount of the contract, and the
subject matter and responsibilities of the parties to the
contract.
Sec. 10002. Section 8(c)(9) of the United States Housing
Act of 1937 is amended by striking out ``Not less than one
year prior to terminating any contract'' and inserting in
lieu thereof: ``Not less than 180 days prior to terminating
any contract''.
Sec. 10003. The first sentence of section 542(c)(4) of the
Housing and Community Development Act of 1992 is amended by
striking out ``on not more than 12,000 units during fiscal
year 1996'' and inserting in lieu thereof: ``on not more than
12,000 units during fiscal year 1996 and not more than an
additional 7,500 units during fiscal year 1997''.
Sec. 10004. Section 4 (a) and (b)(3) of the HUD
Demonstration Act of 1993 is amended by inserting after
``National Community Development Initiative'': ``, Local
Initiatives Support Corporation, The Enterprise Foundation,
Habitat for Humanity, and Youthbuild USA''.
Sec. 10005. Section 234(c) of the National Housing Act is
amended by inserting after ``203(b)(2)'' the following: ``or
pursuant to section 203(h) under the conditions described in
section 203(h)''.
Sec. 10006. Section 211(b)(4)(B) of the Departments of
Veterans Affairs and Housing
[[Page H3769]]
and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204) is amended by
inserting the following at the end: ``The term `owner', as
used in this subparagraph, in addition to it having the same
meaning as in section 8(f) of the United States Housing Act
of 1937, also means an affiliate of the owner. The term
`affiliate of the owner' means any person or entity
(including, but not limited to, a general partner or managing
member, or an officer of either) that controls an owner, is
controlled by an owner, or is under common control with the
owner. The term `control' means the direct or indirect
power (under contract, equity ownership, the right to vote
or determine a vote, or otherwise) to direct the
financial, legal, beneficial, or other interests of the
owner.''.
CHAPTER 11
OFFSETS AND RESCISSIONS
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Fund for Rural America
Of the funds provided on January 1, 1997 for section 793 of
Public Law 104-127, Fund for Rural America, not more than
$80,000,000 shall be available.
Food and Consumer Service
The Emergency Food Assistance Program
Notwithstanding section 27(a) of the Food Stamp Act, the
amount specified for allocation under such section for fiscal
year 1997 shall be $80,000,000.
Foreign Agricultural Service and General Sales Manager
Export Credit
None of the funds made available in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1997, Public Law 104-180, may be
used to pay the salaries and expenses of personnel to carry
out a combined program for export credit guarantees, supplier
credit guarantees, and emerging democracies facilities
guarantees at a level which exceeds $3,500,000,000.
Export Enhancement Program
None of the funds appropriated or otherwise made available
in Public Law 104-180 shall be used to pay the salaries and
expenses of personnel to carry out an export enhancement
program if the aggregate amount of funds and/or commodities
under such program exceeds $10,000,000.
DEPARTMENT OF JUSTICE
General Administration
Working Capital Fund
(Rescission)
Of the unobligated balances available under this heading,
$6,400,000 are rescinded.
Legal Activities
assets forfeiture fund
(Rescission)
Of the amounts made available to the Attorney General on
October 1, 1996, from surplus balances declared in prior
years pursuant to 28 U.S.C. 524(c), authority to obligate
$3,000,000 of such funds in fiscal year 1997 is rescinded.
Immigration and Naturalization Service
construction
(Rescission)
Of the unobligated balances under this heading from amounts
made available in Public Law 103-317, $1,000,000 are
rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
(Rescission)
Of the unobligated balances available under this heading
for the Advanced Technology Program, $7,000,000 are
rescinded.
RELATED AGENCIES
Federal Communications Commission
salaries and expenses
(Rescission)
Of the unobligated balances available under this heading,
$1,000,000 are rescinded.
Ounce of Prevention Council
(Rescission)
Of the amounts made available under this heading in Public
Law 104-208, $1,000,000 are rescinded.
DEPARTMENT OF ENERGY
Energy Programs
energy supply, research and development activities
(Rescission)
Of the funds made available under this heading in Public
Law 104-206 and prior years' Energy and Water Development
Appropriations Acts, $11,180,000 are rescinded.
Clean Coal Technology
(rescission)
Of the funds made available under this heading for
obligation in fiscal year 1997 or prior years, $17,000,000
are rescinded: Provided, That funds made available in
previous appropriations Acts shall be available for any
ongoing project regardless of the separate request for
proposal under which the project was selected.
Strategic Petroleum Reserve
(rescission)
Of the funds made available under this heading in previous
appropriations Acts, $11,000,000 are rescinded.
Power Marketing Administrations
construction, rehabilitation, operation and maintenance, western area
power administration
(rescission)
Of the funds made available under this heading in Public
Law 104-206 and prior years' Energy and Water Development
Appropriations Acts, $11,352,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Job Opportunities and Basic Skills
(Rescission)
Of the funds made available under this heading in Public
Law 104-208, there is rescinded an amount equal to the total
of the funds within each State's limitation for fiscal year
1997 that are not necessary to pay such State's allowable
claims for such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as in
effect on October 1, 1996) is amended by adding after the
``,'' the following: ``reduced by an amount equal to the
total of those funds that are within each State's limitation
for fiscal year 1997 that are not necessary to pay such
State's allowable claims for such fiscal year (except that
such amount for such year shall be deemed to be
$1,000,000,000 for the purpose of determining the amount of
the payment under subsection (1) to which each State is
entitled),''.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
GRANTS-IN-AID FOR AIRPORTS
(Airport and Airway Trust Fund)
(Rescission of Contract Authorization)
Of the unobligated balances authorized under 49 U.S.C.
48103 as amended, $750,000,000 are rescinded.
National Highway Traffic Safety Administration
HIGHWAY TRAFFIC SAFETY GRANTS
(Highway Trust Fund)
(Rescission of Contract Authorization)
Of the available balances of contract authority under this
heading, $13,000,000 are rescinded.
Federal Transit Administration
TRUST FUND SHARE OF EXPENSES
(Highway Trust Fund)
(Rescission of Contract Authorization)
Of the available balances of contract authority under this
heading, $271,000,000 are rescinded.
DISCRETIONARY GRANTS
(Highway Trust Fund)
(Rescission of Contract Authorization)
Of the available balances of contract authority under this
heading, for fixed guideway modernization and bus activities
under 49 U.S.C. 5309(m)(A) and (C), $588,000,000 are
rescinded.
INDEPENDENT AGENCY
General Services Administration
Expenses, Presidential Transition
(rescission)
Of the amounts made available under this heading in Public
Law 104-208, $5,600,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
(including RESCISSION)
Of the amounts recaptured under this heading during fiscal
year 1997 and prior years, $3,650,000,000 are rescinded:
Provided, That the Secretary of Housing and Urban Development
shall recapture at least $5,800,000,000 in amounts heretofore
maintained as section 8 reserves made available to housing
agencies for tenant-based assistance under the section 8
existing housing certificate and housing voucher programs:
Provided further, That all additional section 8 reserve funds
of an amount not less than $2,150,000,000 and any recaptures
(other than funds already designated for other uses)
specified in section 214 of Public Law 104-204 shall be
preserved under the head ``Section 8 Reserve Preservation
Account'' for use in extending section 8 contracts expiring
in fiscal year 1998 and thereafter: Provided further, That
the Secretary may recapture less than $5,800,000,000 and
reserve less than $2,150,000,000 where the Secretary
determines that insufficient section 8 funds are available
for current fiscal year contract obligations: Provided
further, That the Comptroller General of the United States
shall conduct an audit of all accounts of the Department of
Housing and Urban Development to determine whether the
Department's systems for budgeting and accounting for section
8 rental assistance ensure that unexpended funds do not reach
unreasonable levels and that obligations are spent in a
timely manner.
[[Page H3770]]
INDEPENDENT AGENCY
National Aeronautics and Space Administration
NATIONAL AERONAUTICS FACILITIES
(RESCISSION)
Of the funds made available under this heading in Public
Law 103-327, $365,000,000 are rescinded.
Funds Appropriated to the President
UNANTICIPATED NEEDS
(RESCISSION)
Of the funds made available under this heading in Public
Law 103-211 to NASA for ``Space flight, control, and data
communications'', $4,200,000 are rescinded.
TITLE III
GENERAL PROVISIONS--THIS ACT
Sec. 30001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
buy-american requirements
Sec. 30002. (a) Compliance With Buy American Act.--None of
the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds
the entity will comply with the Buy American Act (41 U.S.C.
10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 30003. The Office of Management and Budget is directed
to work with Federal agencies, as appropriate, to support the
extension and revision of Federal grants, contracts, and
cooperative agreements at universities affected by flooding
in designated Federal disaster areas where work on such
grants, contracts, and cooperative agreements was suspended
as a result of the flood disaster.
TITLE IV--COST OF HIGHER EDUCATION REVIEW
SEC. 40001. SHORT TITLE; FINDINGS.
(a) Short Title.--This title may be cited as the ``Cost of
Higher Education Review Act of 1997''.
(b) Findings.--The Congress finds the following:
(1) According to a report issued by the General Accounting
Office, tuition at 4-year public colleges and universities
increased 234 percent from school year 1980-1981 through
school year 1994-1995, while median household income rose 82
percent and the cost of consumer goods as measured by the
Consumer Price Index rose 74 percent over the same time
period.
(2) A 1995 survey of college freshmen found that concern
about college affordability was the highest it has been in
the last 30 years.
(3) Paying for a college education now ranks as one of the
most costly investments for American families.
SEC. 40002. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST
OF HIGHER EDUCATION.
There is established a Commission to be known as the
``National Commission on the Cost of Higher Education''
(hereafter in this title referred to as the ``Commission'').
SEC. 40003. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of 11
members as follows:
(1) Three individuals shall be appointed by the Speaker of
the House.
(2) Two individuals shall be appointed by the Minority
Leader of the House.
(3) Three individuals shall be appointed by the Majority
Leader of the Senate.
(4) Two individuals shall be appointed by the Minority
Leader of the Senate.
(5) One individual shall be appointed by the Secretary of
Education.
(b) Additional Qualifications.--Each of the individuals
appointed under subsection (a) shall be an individual with
expertise and experience in higher education finance
(including the financing of State institutions of higher
education), Federal financial aid programs, education
economics research, public or private higher education
administration, or business executives who have managed
successful cost reduction programs.
(c) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a Chairperson and a Vice Chairperson.
In the absence of the Chairperson, the Vice Chairperson
will assume the duties of the Chairperson.
(d) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(e) Appointments.--All appointments under subsection (a)
shall be made within 30 days after the date of enactment of
this Act. In the event that an officer authorized to make an
appointment under subsection (a) has not made such
appointment within such 30 days, the appointment may be made
for such officer as follows:
(1) the Chairman of the Committee on Education and the
Workforce may act under such subsection for the Speaker of
the House of Representatives;
(2) the Ranking Minority Member of the Committee on
Education and the Workforce may act under such subsection for
the Minority Leader of the House of Representatives;
(3) the Chairman of the Committee on Labor and Human
Resources may act under such subsection for the Majority
Leader of the Senate; and
(4) the Ranking Minority Member of the Committee on Labor
and Human Resources may act under such subsection for the
Minority Leader of the Senate.
(f) Voting.--Each member of the Commission shall be
entitled to one vote, which shall be equal to the vote of
every other member of the Commission.
(g) Vacancies.--Any vacancy on the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made.
(h) Prohibition of Additional Pay.--Members of the
Commission shall receive no additional pay, allowances, or
benefits by reason of their service on the Commission.
Members appointed from among private citizens of the United
States may be allowed travel expenses, including per diem, in
lieu of subsistence, as authorized by law for persons serving
intermittently in the government service to the extent funds
are available for such expenses.
(i) Initial Meeting.--The initial meeting of the Commission
shall occur within 40 days after the date of enactment of
this Act.
SEC. 40004. FUNCTIONS OF COMMISSION.
(a) Specific Findings and Recommendations.--The Commission
shall study and make findings and specific recommendations
regarding the following:
(1) The increase in tuition compared with other commodities
and services.
(2) Innovative methods of reducing or stabilizing tuition.
(3) Trends in college and university administrative costs,
including administrative staffing, ratio of administrative
staff to instructors, ratio of administrative staff to
students, remuneration of administrative staff, and
remuneration of college and university presidents or
chancellors.
(4) Trends in (A) faculty workload and remuneration
(including the use of adjunct faculty), (B) faculty-to-
student ratios, (C) number of hours spent in the classroom by
faculty, and (D) tenure practices, and the impact of such
trends on tuition.
(5) Trends in (A) the construction and renovation of
academic and other collegiate facilities, and (B) the
modernization of facilities to access and utilize new
technologies, and the impact of such trends on tuition.
(6) The extent to which increases in institutional
financial aid and tuition discounting have affected tuition
increases, including the demographics of students receiving
such aid, the extent to which such aid is provided to
students with limited need in order to attract such students
to particular institutions or major fields of study, and the
extent to which Federal financial aid, including loan aid,
has been used to offset such increases.
(7) The extent to which Federal, State, and local laws,
regulations, or other mandates contribute to increasing
tuition, and recommendations on reducing those mandates.
(8) The establishment of a mechanism for a more timely and
widespread distribution of data on tuition trends and other
costs of operating colleges and universities.
(9) The extent to which student financial aid programs have
contributed to changes in tuition.
(10) Trends in State fiscal policies that have affected
college costs.
(11) The adequacy of existing Federal and State financial
aid programs in meeting the costs of attending colleges and
universities.
(12) Other related topics determined to be appropriate by
the Commission.
(b) Final Report.--
(1) In general.--Subject to paragraph (2), the Commission
shall submit to the President and to the Congress, not later
than 120 days after the date of the first meeting of the
Commission, a report which shall contain a detailed statement
of the findings and conclusions of the Commission, including
the Commission's recommendations for administrative and
legislative action that the Commission considers advisable.
(2) Majority vote required for recommendations.--Any
recommendation described in paragraph (1) shall be made by
the Commission to the President and to the Congress only if
such recommendation is adopted by a majority vote of the
members of the Commission who are present and voting.
(3) Evaluation of different circumstances.--In making any
findings under
[[Page H3771]]
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;
[[Page H3772]]
(5) the Financial Institutions Examination Council;
(6) the National Credit Union Administration; and
(7) with respect to chapter 53 of title 31, United States
Code, the Secretary of the Treasury.
(d) Expiration.--Any exception made under this section
shall expire not later than February 28, 1998.
SEC. 50005. SENSE OF THE CONGRESS.
(a) Financial Services.--It is the sense of the Congress
that the Board of Governors of the Federal Reserve System,
the Comptroller of the Currency, the Director of the Office
of Thrift Supervision, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration
should encourage depository institutions to meet the
financial services needs of their communities and customers
located in areas affected by the 1997 flooding of the Red
River of the North, the Minnesota River, and the tributaries
of such rivers.
(b) Appraisal Standards.--It is the sense of the Congress
that each Federal financial institutions regulatory agency
should, by regulation or order, make exceptions to the
appraisal standards prescribed by title XI of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 3331 et seq.) for transactions involving
institutions for which the agency is the primary Federal
regulator with respect to real property located within a
disaster area pursuant to section 1123 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 3352), if the agency determines that the
exceptions can reasonably be expected to alleviate hardships
to the public resulting from such disaster that outweigh
possible adverse effects.
SEC. 50006. OTHER AUTHORITY NOT AFFECTED.
No provision of this title shall be construed as limiting
the authority of any department or agency under any other
provision of law.
TITLE VI--TECHNICAL AMENDMENTS WITH RESPECT TO EDUCATION
SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES
REQUIRED WITH RESPECT TO GRADUATION RATES.
(a) Amendments.--Section 485 of the Higher Education Act of
1965 (20 U.S.C. 1092) is amended--
(1) in subsection (a)(3)(B), by striking ``June 30'' and
inserting ``August 31''; and
(2) in subsection (e)(9), by striking ``August 30'' and
inserting ``August 31''.
(b) Effective Dates.--
(1) In General.--Except as provided in paragraph (2), the
amendments made by subsection (a) are effective upon
enactment.
(2) Information dissemination.--No institution shall be
required to comply with the amendment made by subsection
(a)(1) before July 1, 1998.
SEC. 60002. DATE EXTENSION.
Section 1501(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6491(a)(4)) is amended by
striking ``January 1, 1998'' and inserting ``January 1,
1999''.
SEC. 60003. TIMELY FILING OF NOTICE.
Notwithstanding any other provision of law, the Secretary
of Education shall deem Kansas and New Mexico to have timely
submitted under section 8009(c)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7709(c)(1)) the
States' written notices of intent to consider payments
described in section 8009(b)(1) of the Act (20 U.S.C.
7709(b)(1)) in providing State aid to local educational
agencies for school year 1997-1998, except that the Secretary
may require the States to submit such additional information
as the Secretary may require, which information shall be
considered part of the notices.
SEC. 60004. HOLD HARMLESS PAYMENTS.
Section 8002(h)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(h)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) for fiscal year 1997 and each succeeding fiscal year
through fiscal year 2000 shall not be less than 85 percent of
the amount such agency received for fiscal year 1996 under
subsection (b).''.
SEC. 60005. DATA.
(a) In General.--Section 8003(f)(4) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(4)) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``expenditure,'' after ``revenue,''; and
(B) by striking the semicolon and inserting a period;
(2) by striking ``the Secretary'' and all that follows
through ``shall use'' and inserting ``the Secretary shall
use''; and
(3) by striking subparagraph (B).
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to fiscal years after fiscal year
1997.
SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7702(i)) is amended to read as
follows:
``(i) Priority Payments.--
``(1) In general.--Notwithstanding subsection (b)(1)(B),
and for any fiscal year beginning with fiscal year 1997 for
which the amount appropriated to carry out this section
exceeds the amount so appropriated for fiscal year 1996--
``(A) the Secretary shall first use the excess amount (not
to exceed the amount equal to the difference of (i) the
amount appropriated to carry out this section for fiscal year
1997, and (ii) the amount appropriated to carry out this
section for fiscal year 1996) to increase the payment that
would otherwise be made under this section to not more than
50 percent of the maximum amount determined under subsection
(b) for any local educational agency described in paragraph
(2); and
``(B) the Secretary shall use the remainder of the excess
amount to increase the payments to each eligible local
educational agency under this section.
``(2) Local educational agency described.--A local
educational agency described in this paragraph is a local
educational agency that--
``(A) received a payment under this section for fiscal year
1996;
``(B) serves a school district that contains all or a
portion of a United States military academy;
``(C) serves a school district in which the local tax
assessor has certified that at least 60 percent of the real
property is federally owned; and
``(D) demonstrates to the satisfaction of the Secretary
that such agency's per-pupil revenue derived from local
sources for current expenditures is not less than that
revenue for the preceding fiscal year.''.
SEC. 60007. TIMELY FILING UNDER SECTION 8003.
The Secretary of Education shall treat as timely filed, and
shall process for payment, an amendment to an application for
a fiscal year 1997 payment from a local educational agency
under section 8003 of the Elementary and Secondary
Education Act of 1965 if--
(1) that agency is described in subsection (a)(3) of that
section, as amended by section 376 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201);
(2) that agency was not described in that subsection prior
to that amendment; and
(3) the Secretary received the amendment to the agency's
application prior to the enactment of this Act.
TITLE VII--FOOD STAMP PROGRAM
State Option To Issue Food Stamp Benefits to Certain Individuals Made
Ineligible by Welfare Reform
(a) In General.--Section 7 of the Food Stamp Act of 1977 (7
U.S.C. 2016) is amended--
(1) in subsection (a), by inserting after ``necessary,
and'' the following: ``(except as provided in subsection
(j))''; and
(2) by adding at the end the following:
``(j) State Option To Issue Benefits to Certain Individuals
Made Ineligible by Welfare Reform.--
``(1) In general.--Notwithstanding any other provision of
law, a State agency may, with the approval of the Secretary,
issue benefits under this Act to an individual who is
ineligible to participate in the food stamp program solely as
a result of section 6(o)(2) of this Act or section 402 or 403
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1612 or 1613).
``(2) State payments to secretary.--
``(A) In general.--Not later than the date the State agency
issues benefits to individuals under this subsection, the
State agency shall pay the Secretary, in accordance with
procedures established by the Secretary, an amount that is
equal to--
``(i) the value of the benefits; and
``(ii) the costs of printing, shipping, and redeeming
coupons, and other Federal costs, incurred in providing the
benefits, as determined by the Secretary.
``(B) Crediting.--Notwithstanding section 3302(b) of title
31, United States Code, payments received under subparagraph
(A) shall be credited to the food stamp program appropriation
account or the account from which the costs were drawn, as
appropriate, for the fiscal year in which the payment is
received.
``(3) Reporting.--To be eligible to issue benefits under
this subsection, a State agency shall comply with reporting
requirements established by the Secretary to carry out this
subsection.
``(4) Plan.--To be eligible to issue benefits under this
subsection, a State agency shall--
``(A) submit a plan to the Secretary that describes the
conditions and procedures under which the benefits will be
issued, including eligibility standards, benefit levels, and
the methodology the State agency will use to determine
amounts due the Secretary under paragraph (2); and
``(B) obtain the approval of the Secretary for the plan.
``(5) Violations.--A sanction, disqualification, fine, or
other penalty prescribed under Federal law (including
sections 12 and 15) shall apply to a violation committed in
connection with a coupon issued under this subsection.
``(6) Ineligibility for administrative reimbursement.--
Administrative and other costs incurred in issuing a benefit
under this subsection shall not be eligible for Federal
funding under this Act.
``(7) Exclusion from enhanced payment accuracy systems.--
Section 16(c) shall not apply to benefits issued under this
subsection.''.
(b) Conforming Amendments.--Section 17(b)(1)(B)(iv) of the
Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is
amended--
(1) in subclause (V), by striking ``or'' at the end;
(2) in subclause (VI), by striking the period at the end
and inserting ``; or''; and
[[Page H3773]]
(3) by adding at the end the following:
``(VII) waives a provision of section 7(j).''.
TITLE VIII--2000 DECENNIAL CENSUS
The Department of Commerce is directed within thirty days
of enactment of this Act to provide to the Congress a
comprehensive and detailed plan outlining its proposed
methodologies for conducting the 2000 decennial Census and
available methods to conduct an actual enumeration of the
population. This plan description shall specifically include:
(1) a list of all statistical methodologies that may be
used in conducting the Census;
(2) an explanation of these statistical methodologies;
(3) a list of statistical errors which may occur as a
result of the use of each statistical methodology;
(4) the estimated error rate down to the census tract
level;
(5) a cost estimation showing cost allocations for each
census activity plan; and
(6) an analysis of all available options for counting hard-
to-enumerate individuals, without utilizing sampling or any
other statistical methodology, including efforts like the
Milwaukee Complete Count project. The Department of Commerce
is also directed within thirty days of enactment of this Act
to provide to the Congress an estimate and explanation of the
error rate at the census block level based upon the 1995 test
data.
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''.
The SPEAKER pro tempore. Pursuant to the previous order of the House,
the gentleman from Louisiana [Mr. Livingston] and the gentleman from
Wisconsin [Mr. Obey] each will control 30 minutes.
The Chair recognizes the gentleman from Louisiana [Mr. Livingston].
Mr. LIVINGSTON. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. LIVINGSTON asked and was given permission to revise and extend
his remarks.)
Mr. LIVINGSTON. Mr. Speaker, on June 9, the President vetoed H.R.
1469, the initial fiscal year 1997 emergency supplemental
appropriations bill that the Congress had sent him. That bill contained
a provision on precluding sampling in the 2000 decennial census and an
automatic continuing resolution provision that would have provided
funding for the Government should the regular appropriations bills not
be enacted on October 1. The President found those provisions
unacceptable and vetoed that bill.
The bill before the House does not contain any provision on the
continuing resolution. The provision in this bill on the decennial
census has been agreed to by the President. The provision in the
initial bill regarding States' assertions of rights-of-way on Federal
lands has been dropped. There are no funding changes from the
conference agreement on H.R. 1469, the bill that we had passed
initially in the House, conferenced, and the conference report was
adopted before it went to the President.
Since this is an introduced bill that was not reported by the
Committee on Appropriations or from a committee of conference, there is
no report to accompany it. However, this bill is very similar to H.R.
1469. In implementing the provisions of this bill, agencies should use
the guidance contained in House Report 105-119, the conference report
to accompany H.R. 1469, as appropriate.
Mr. Speaker, with the adjustments described above, if we pass this
bill, we can conclude our responsibilities in getting emergency
assistance to all impacted parties around the country. I believe that
the Senate will take this bill up quickly and pass it unamended.
The President will sign this bill, and we can get on with our regular
fiscal year 1998 bills. I urge support of this bill.
At this point in the Record, I would like to insert a table
reflecting the details of this bill.
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Mr. LIVINGSTON. Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield myself 6 minutes.
Mr. Speaker, I would simply like to say that at long, long last I am
very happy that we are here in this posture. As the gentleman from
Louisiana has indicated, almost 90 days ago the President of the United
States asked the Congress to do essentially two things: He asked us to
appropriate additional funds in order to meet the disaster needs around
the country because various States had experienced severe flooding and
other natural disasters; and he asked this Congress to supply the
additional funds needed to fulfill our obligations in Bosnia so that
the Pentagon would not have to stand down on crucial training exercises
and a variety of other activities needed to maintain our military state
of readiness.
I want to say that I think the majority on the committee tried to
respond to that request in an absolutely straightforward and
nonpartisan fashion. I think that the majority on the committee tried
to do its duty, as we did on our side of the aisle in the committee. I
have noted before my favorite philosopher is Archie the cockroach, and
Archie the cockroach said once that somebody is born so unlucky he runs
into accidents that started out to happen to somebody else.
That is what sort of happened to this bill. Because along the way,
the leadership of the Republican Party in this House insisted that two
unrelated provisions be added to the bill, and then another item was
added in the Senate. When that happened, the President made quite clear
that it was unacceptable to him to add those unrelated items as well as
some others, and asked the Congress not to do that so that the needed
emergency relief could immediately be gotten to the people who were
most in need of it.
That unfortunately did not happen. Last week before we sent this bill
to the President, I stood exactly where I am standing now and I urged
the House, as did the gentleman from Louisiana on a previous occasion,
to simply pass a stripped-down, clean version of this emergency
supplemental so that we could in essence end what amounted, what was
tantamount to a second government shutdown for the persons in the
regions of the country who were affected by these natural disasters. I
indicated that if we did not do that last week, we would most assuredly
be here this week doing what we should have done last week.
Unfortunately, it has taken a Presidential veto to bring the Congress
to its senses, and now we are finally proceeding the way we ought to
proceed.
This proposal will meet the disaster needs of the country. It will
meet the needs of the Pentagon, and it will also require a report from
the administration on how they intend to proceed in dealing with the
next census. I think we have reached a reasonable bipartisan
accommodation at long last.
I would simply say that I guess what this episode reminded me of is
Franklin Roosevelt's speech on Lend Lease a long time ago when he
asked, ``If your neighbor's House was on fire, would you not lend him
your garden hose?'' Well, this time around, lots of our neighbors had
lost their houses. They had lost their farms. They were looking for
help, but still that help was being held up. It was almost as though
people were saying, ``Well, we will get you some relief for the fire
but first we have to paint the fire engine a different color. We have
to get a different crew on the truck.''
Finally, at long last, I think that that unfortunate business is
behind us, and I want to simply congratulate the President for doing
what was right. I want to congratulate the committee leadership for in
all cases trying to do what it knew was right. And I want to
congratulate those Members of the Republican Party who indicated by
their uneasiness through the last week that they wanted a different
direction from that that was being provided by their leadership and by
the House.
I also want to frankly thank the American public, because I think if
the American public had not spoken out the way they did, chances are we
would not be here today. I think people saw that, I think the American
public recognized that what was happening here was wrong, that it
needed to be corrected. I am happy that we can bring a vehicle to the
House floor that will provide that correction.
I congratulate the gentleman from Louisiana and his staff for
bringing this forward. I hope that we can get on with providing finally
the relief that is needed to the sections of the country which have
experienced such devastating natural disasters over the past several
months.
Mr. LIVINGSTON. Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield myself such time as I may consume.
I rise for a colloquy with the gentleman from Louisiana, chairman of
the committee.
I would like to discuss my understanding about the intentions of the
conferees regarding section 4001 on assistance to Ukraine. Mr. Speaker,
the language indicates that the President may waive the minimum funding
requirements in subsection (k) of the 1997 Foreign Operations, Export
Financing and Related Programs Act for activities of the Government of
Ukraine. It is my understanding that this language is intended to apply
to all the minimum funding requirements in that subsection, including
the overall amount of $225 million for Ukraine. Is that the chairman's
understanding as well?
Mr. LIVINGSTON. Mr. Speaker, will the gentleman yield?
Mr. OBEY. I yield to the gentleman from Louisiana.
Mr. LIVINGSTON. Mr. Speaker, as the gentleman has indicated, I agree
with his interpretation. The language of section 4001 is intended,
indeed, to give the President the authority to waive all the minimum
funding requirements in subsection (k) of the 1997 act, including the
overall earmark. The phrase ``for activities for the Government of
Ukraine'' is intended to extend to the entire assistance program and,
therefore, could apply to the overall $225 million earmarked for the
Ukraine.
Mr. OBEY. Mr. Speaker, I thank the gentleman for his clarification. I
would strongly urge the State Department to exercise the full authority
granted by this section.
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from
North Dakota [Mr. Pomeroy].
Mr. POMEROY. Mr. Speaker, strolling over from Committee on
Agriculture markup, which is what we are in right now, I could not help
but notice, unlike just a short while earlier when it was overcast and
kind of drizzling a little, the sky had cleared. The sun was shining.
{time} 1615
And I thought this is some signal just to what is occurring on the
floor of the House and the Senate right now.
We have a disaster bill urgently needed, and I believe within a few
minutes there will be a strong bipartisan vote to do what Congress
needs to do and get help directly on the way to those so damaged by
these floods. The sky is beginning to clear over this Chamber. The
light of good legislation at last is beginning to shine again.
It should not have been this hard. It should not have been this
rancorous. But what counts is getting the job done, and what will
matter so much to the people I represent in the flood-afflicted area in
the next month, the month after that, next year, perhaps the year after
that, is that this body finally did act, and acted in a way that
provided very meaningful assistance at a time when our need was so
substantial.
Mr. Speaker, I want to urge all my colleagues to put the past weeks
of debate behind us, then stroll to the voting machines and pass a very
large, very strong vote in favor of this disaster relief.
The construction of the bill was the mark of a solid bipartisan
effort. We have so appreciated the support of the majority and the
minority as we built the package. We will enjoy and deeply appreciate
the support of the majority and the minority as we pass the package.
And I personally want to extend my appreciation to each Member who has
helped us along the way.
Mr. OBEY. Mr. Chairman, I yield myself 1 minute.
Mr. Speaker, I forgot to do something, at least with clarity, and I
would simply like to make sure that Members understand exactly what is
in this bill.
[[Page H3786]]
This is the same bill as the conference agreement: $8.6 billion in
disaster relief and funding for Bosnian reimbursement to the Pentagon,
minus three controversial riders.
The rider dealing with rights-of-way on public lands has been
eliminated; the rider on the census has been eliminated and, instead,
there will be a report required from the administration indicating how
they intend to proceed in conducting that census; and, third, the
automatic CR rider, which was also extremely contentious.
Other than that, this is identical to the conference report.
Mr. Speaker, I yield 4 minutes to the gentleman from Michigan [Mr.
Bonior], the distinguished minority whip.
Mr. BONIOR. Mr. Speaker, I thank the gentleman for yielding me this
time.
Let me begin by saying that this appears to be a victory for many,
many people today; certainly those who have suffered because of the
floods, particularly in the upper Midwest, the Dakotas and Minnesota.
People who have lost their homes and their businesses and their farms
and their lives being askew because of the disaster that hit them, we
have provided them with hope today. We have provided them with some
assistance, or we will be in just a few seconds. So they seem to
finally have gotten what they have needed all along, immediate relief
for the emergency that they are now suffering.
It is also a victory in many ways for the environment, because the
rider on the public lands issue has been taken from this bill. For
those who care about our environment and our public lands, they ought
to feel good about what has happened today.
It is a victory for those who care about an accurate census, so that
the American people will not have to go through a situation in which
all Americans will not be counted.
It is also a victory today, I might add, for those who care about
education. Because under the automatic CR language that our Republican
colleagues were insisting upon, we would have had roughly 375,000
students not receive Pell Grants in this country.
So there are many people who will benefit by the action that will be
taken here in just a few minutes. I want to congratulate several
people. First of all, let me congratulate the President for staying
tough and hanging tough and doing the right thing by insisting we just
do emergency supplementals for those who need it.
Let me also suggest that those Representatives and Members of the
other body from the Dakotas and Minnesota, our Minnesota colleagues,
the gentlemen from North Dakota, Mr. Pomeroy, Mr. Dorgan, Mr. Conrad,
and the gentleman from Minnesota, Mr. Wellstone, and others who really
fought this battle and made a case so strong for their people, we
congratulate them.
I also want to thank my colleagues on this side of the aisle, the
chairman of the committee, and those 20 Republicans who stood up and
said, listen, this is a kind of lunacy; let us put these riders aside
and let us get on with taking care of the needs of these people who are
suffering so much and our troops who are stationed overseas in Bosnia
who need our support. They stepped up in a very difficult situation,
and I congratulate them.
Let me also say to my friend from Wisconsin, who has led this battle
on the floor now for 3 weeks, we thank him for his diligence and for
his fight on this, because he has raised this issue in a way that I
think recognizes the legitimate concerns of our colleagues on both
sides of the aisle and the need to move forward in a way that will
preserve our ability to act in a legitimate way on other issues down
the road.
So, in conclusion, Mr. Speaker, I thank the gentleman for his time,
and I commend the House for moving forward this bill in short order, so
we can get it to the President's desk for his signature and our troops
in Bosnia and our flood victims can have the relief and the support
that they need.
Mr. LIVINGSTON. Mr. Speaker, I yield 2 minutes to the gentleman from
Kansas [Mr. Tiahrt], a distinguished member of the Committee on
Appropriations.
Mr. TIAHRT. Mr. Speaker, I would like to talk a little bit about what
the gentleman from Wisconsin said about why this bill was vetoed in the
first place. He mentioned the census sampling that we had in there.
What we were trying to do was basically say that we do not want
sampling when it comes to the census.
We have a constitutional requirement that says actual enumeration. It
means you cannot use sampling. We were trying to follow the
Constitution. I know that is sometimes frustrating, but we ought to do
it here in America.
The other one was the continuing resolution that said basically that
while we are trying to negotiate our differences between the Congress
and the President, that we will not shut the government down, we will
just continue the government at fiscal year 1997 levels.
The President decided that was a key factor in why he should veto
this legislation. It was not because we are going to spend $3.4 billion
to pay disaster assistance. We went above and beyond the President's
request for disaster assistance. We reached out to the people who were
in need and said we will help them relocate. No, instead, he wanted the
ability to shut the government down and so he vetoed the legislation.
It was not because we added in $76 million for the women, infants and
children's program, it was not that reason he vetoed it. He vetoed it
because he wanted the ability to shut the government down.
On January 3, 1996, President Clinton said, ``It is deeply wrong to
shut the government down while we negotiate. I will continue to do
everything I can in good faith in order to reach an agreement, but it
is wrong to shut the government down.'' January 3, 1996.
And yet he vetoed this legislation, denying relief to people in need
because he wanted the ability to shut the government down. He wanted to
shut the government down, contradictory to what he said on January 3.
So I think we should be very up-front and honest about the reason why
the President vetoed this legislation. He vetoed it because he wants
the ability to shut the government down. Of course, he conveniently can
blame us, and the media seems to carry on that message, but the bottom
line was that it was not the disaster relief, it was not the aid to
Bosnia, it was not the other things we were doing, it was because he
wanted to shut the government down.
Mr. OBEY. Mr. Speaker, I yield myself 1\1/2\ minutes.
Mr. Speaker, I wish to respond to the previous remarks. I think the
record is quite clear, and I really did not want to have to get into
past history and all of that, but as long as the gentleman has dredged
it up, it requires a response.
The fact is that before the government was shut down 2 years ago, on
14 separate occasions the leadership of the majority party was quoted
as saying it intended to shut the government down if that was necessary
in order to require the President to bend to their will on major
matters affecting the future of this country. The public understands
that.
With all due respect to the gentleman, he has taken a bath on that
issue, and I think the public understands what happened, and I do not
see any reason to get into that any more. What we are trying to talk
about is tomorrow, not yesterday.
But I simply wanted to make that point because the rhetoric that is
being used today is the same rhetoric that was being used against the
President 2 years ago. It is not going to be believed by the American
public today any more than it was 2 years ago. And I think the sooner
we get away from that and get on with the business of government, the
better off we will be.
Mr. Speaker, I yield 1 minute to the gentleman from Minnesota, [Mr.
Minge].
Mr. MINGE. Mr. Speaker, I represent an area that was affected by the
shutdown of the flood relief program due to the delays in this
institution. I think it is tragic that it happened.
I know the folks at home think that we have rocks for brains out
here. They cannot figure out what is wrong in Washington, DC. They were
hit by a disaster when it flooded; they were hit by another disaster
when the process out here was stymied.
I am very pleased that this has finally been resolved. I am very
pleased that in the upper Midwest we have stood together on this. I
know that my colleague from South Dakota will be
[[Page H3787]]
speaking, if he has not already this afternoon, and I am very pleased
at the bipartisanship that was shown in that State and in other States
to try to move this ahead. And I am pleased that the bipartisanship
that was developed in the upper Midwest is contagious and it has
finally come out to Washington.
One thing I hope is that we have learned our lesson from this effort.
It has been sobering. It has not been something that has just been
blamed on the Democrats. All of us have taken our share of the blame,
and I do not think we can stand it nor can our institutions anymore. We
need to prove to this country that we can make government work.
Mr. LIVINGSTON. Mr. Speaker, I yield 3 minutes to the gentleman from
South Dakota [Mr. Thune] who has been an outstanding spokesman for the
flood-ravaged people of his district.
Mr. THUNE. Mr. Speaker, I thank the distinguished gentleman from
Louisiana, the chairman of the Committee on Appropriations, for
yielding me this time; and I, too, want to thank all of them for all
the work they have done, his very able staff and the Members, for
bringing us to this point today.
Over the past 5 weeks I have seen the good, the bad and the ugly; for
the past 5 weeks, the bad and the ugly of how things can work here. But
today we are seeing the good, as people come together to try to do
what, granted, we should have done a long time ago.
But I think it is very important for us, because we have made a
commitment and it is important that we honor that commitment. I believe
that the integrity of this institution, the credibility of the House
and the Senate and the White House is about commitments made and
commitments honored.
We have made a commitment to the American people for those who have
suffered from disasters, and today we are finally delivering on that,
and I am very happy to be a part of this day in bringing this process
to a conclusion.
Mr. Speaker, I think that it does strike very much at the heart of
our ability to govern, and I think it is very important that we have
finally achieved an outcome which the people I know in my State of
South Dakota are very desperately anxious to see. I would hope that all
of us can continue to work in a way that would foster that sort of
cooperation on other issues.
I want to thank as well the leadership who have worked, I think on
both sides, as was mentioned earlier, I worked very closely with my
colleagues from North Dakota, from Minnesota, in trying to come up with
something. And I want to thank the leadership, the Speaker, the
distinguished majority leader on our side as well, for making trips out
to look at that area and to help us craft a solution, which I think
probably provides as much flexibility as any disaster relief package
that has ever been contemplated around here, and in working with us in
a way that we can address the needs of the people who have been
afflicted in a way that maximizes local control.
{time} 1630
I think that is something that is very much consistent with my
philosophy and with our philosophy, and I would hope that it would be a
model for things that we can do in the future. But for the mayors of my
State, for our Governor, and for the many people who have rolled up
their sleeves day in and day out for these past many weeks and have
been working together to try and rebuild their communities, this is a
very welcome day, it is welcome news, and we are very grateful that
this institution and the Senate has acted, as well they should have,
and delivered the long needed and much needed disaster relief to the
Dakotas, to Minnesota, and to the other States that are afflicted by
this.
I just want to thank the leadership and my many colleagues for
bringing us to this point and for finally accomplishing this goal.
Mr. OBEY. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from North Carolina [Mr. Price].
Mr. PRICE of North Carolina. Mr. Speaker, I am glad we are finally
going to send to the President a bill that he can sign. The hurricane
season, after all, opened 12 days ago.
In my home State of North Carolina, debris-filled streams hold the
possibility of further disaster. Officials estimate it will take the
rest of the year to clean out the upper reaches of streams in the
eastern part of North Carolina. This work is necessary to ensure that
the flooding that occurred last year does not happen again. This is
work that could have already begun had the Congress passed a clean bill
last month.
Right now, the Disaster Prevention Agency of North Carolina is
praying that another hurricane like Fran does not hit our State. Even
slightly above average rainfall in the State could be devastating to
those areas hit in September by Fran. If a hurricane were to make
landfall, the flooding that would occur, the devastation that would hit
families that have been forced to move back into the flood plain could
make Fran seem like a spring storm.
Next week, the State of North Carolina will be putting in
applications for hazardous mitigation grants to help nearly 1,000
families start over. To be most effective, these funds need to be
combined with the community development block grant funds in this bill.
Without community development funds, many of those families might not
be able to participate.
Mr. Speaker, let us finish this bill, send it to the President, and
finally send aid to those across this country who desperately need it.
Mr. LIVINGSTON. Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield 3\1/2\ minutes to the distinguished
gentleman from Maryland [Mr. Hoyer].
Mr. HOYER. Mr. Speaker, I thank the gentleman from Wisconsin [Mr.
Obey] for yielding me the time.
I will obviously support this legislation in its present form. It is
unfortunate that we did not do this some 60 to 70 days ago. I rise to
congratulate the gentleman from Wisconsin [Mr. Obey], to congratulate
the President of the United States, who, once again, stood on principle
and said that we need to act, but I am not going to act at the point of
a gun, I am not going to condone that with which I do not agree.
There was unanimity 84 days ago, the day after the President asked
for this relief, that we ought to ask, ought to move, but those victims
of rain and flood should have help. I want to congratulate the
gentleman from Louisiana [Mr. Livingston], the chairman of the
Committee on Appropriations and my good friend, and I want to
congratulate as well my good friend, the gentleman from Florida [Mr.
Young], the chairman of the Subcommittee on Defense Appropriation, and
of course my good friend, the gentleman from Alabama [Mr. Callahan], is
to be congratulated just on general principles.
But the gentleman from Louisiana [Mr. Livingston] and the gentleman
from Florida [Mr. Young] said that we ought to pass a CR, or
supplemental appropriation, which said that we ought to help the flood
victims and we ought to take care of our troops. Everybody agreed on
that, but the lesson of November 1995 and December 1995 and, I say to
my friend, the gentleman from Kansas [Mr. Tiahrt], January of 1996 has
not yet been learned. I say to my friend from Kansas, he can say as
many times as he wants that the President wanted to shut down the
Government. Nobody will believe him because that is inaccurate and
wrong.
I say to my friend that he and the overwhelming majority of his
colleagues in November and December and January of 1995 and 1996
repeatedly voted against clean CR's, which would have opened the
Government, made services available to the American public; repeatedly
I say to my friend, he voted against those clean resolutions.
Why? So that he could include and his colleagues could include items
that they clearly knew were unacceptable to the President of the United
States and they do not like the democratic process that was set up by
our Founding Fathers that said, send something to the President; he
vetoes it; and if two-thirds of the Congress disagree, you can pass it
into law.
The reason I rise is not only because the gentleman from Kansas [Mr.
Tiahrt] I think is not accurately portraying what is the President's
view, who wants to keep Government open, and as the gentleman from
Wisconsin [Mr. Obey] said, the opposite of your leadership said they
were going to close down Government, but to say let us learn the
lesson, let us learn the lesson that we ought to allow the democratic
legislative process to operate as our Founding Fathers planned it to
be.
[[Page H3788]]
Do not once again try to muscle the President of the United States by
putting something clearly unacceptable on an item that we all agree on,
that ought to pass, that is good policy, that America wants to see us
move. If my colleagues have an item, such as sampling, we disagree on,
I disagree with my good friend from Mississippi on this issue, but if
we have an item, then put the bill on the floor and send it forward. It
will be vetoed, I understand that, have it brought back here, and if in
the democratic process we override that veto, then they will prevail.
But otherwise they should not prevail because the framework did not
allow for it. But do not hold hostage either the Government or
Government workers or ravaged victims of flood.
Mr. OBEY. Mr. Speaker, I yield 2 minutes to the gentleman from
California [Mr. Fazio].
Mr. FAZIO of California. Mr. Speaker, I rise with great relief and
applaud the willingness of all the parties to reach closure here today
so we can send this legislation on to its signature and begin to help
repair the damage, both real and psychic, that people all over this
country have absorbed in the last 6 months.
We have, I think, in this success an example we need to look to. We
have two gentlemen who run the Committee on Appropriations. They are
both volatile and yet lovable. The two of them can throw temper
tantrums that make us all remember Sil Conte, but they get the job done
because they can still work together when it is in the interest of the
American people. Had they been allowed to work this issue successfully,
they would have accomplished the task long ago.
I am afraid we have had a very difficult lesson. I know the gentleman
from Louisiana [Mr. Livingston], the chairman of this committee, showed
us the way we would have had a down payment on this bill weeks ago
rather than having gone for a break had we listened to him. But we
failed it.
Perhaps as we move into the appropriations process in earnest for the
next fiscal year, the Members on both sides of the aisle will take the
opportunity to allow their leadership to prevail so that we can get
through this process in a way that will make the American people proud
of us and that we can deal with the fundamental needs they have, even
while we apportion the various political philosophies and come up with
the best compromise we can.
I just want you to know the people of northern California, who
suffered in the floods of January, are now assured that we can put the
system back in place and protect them and their property and their
lives next winter, unlike last winter. And for that, I appreciate the
efforts that have brought us to this point, including the willingness
to compromise and lose face at the last in order to move the public
interest forward.
Mr. LIVINGSTON. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota [Mr. Gutknecht], another flood ravaged State.
Mr. GUTKNECHT. Mr. Speaker, I thank the gentleman for yielding me the
time.
Several weeks ago, myself and the gentleman from Minnesota [Mr.
Ramstad] and the gentleman from Minnesota [Mr. Peterson] and the
gentleman from North Dakota [Mr. Pomeroy] went to the Red River Valley.
It was quite an experience. We got a chance to look into the eyes of
those people.
And I know this is true all over the United States, but it is
especially true in the upper Midwest that if a farmer is hurt, for
example, the next day there will be six tractors there to help them do
whatever needs to be done. I think that is the spirit of America. We
went there and we saw what was happening. And actually, as a result of
that visit, there are special provisions in this disaster relief bill
that, as far as I know, have never been done; and I think that is good.
But in many respects, I was thinking about this earlier today, and
this has been perhaps the most frustrating 2 or 3 weeks that I have had
since I have been in this Congress. In the Tale of Two Cities, they
talk about the best of times and the worst of times, and in many
respects, this bill and the way it was put together represents the best
and worst of this city.
Because I think we all want to help our neighbor, but it is so
frustrating when you take three ideas, which I think enjoy overwhelming
support, the idea of helping our neighbors when they need the help, I
think everyone agrees with that. And I think the notion of having
something to make certain that the Government does not shut down, I
think that has overwhelming support. And the notion that a census ought
to be conducted by real counts rather than guesstimates, again, I think
that is a good idea that has overwhelming support.
Only in Washington can we take three good ideas that have
overwhelming support, put them together, and have gridlock for 3 weeks.
So it is the best of times. It is the worst of times. But I am
delighted on behalf of the people of Red River Valley, Minnesota, and
the Dakotas that this fight is now over and the relief will be on its
way.
So I thank the Speaker, thank the chairman, and thank the President.
Let us get on with the business of the House.
Mr. OBEY. Mr. Speaker, does the gentleman from Louisiana [Mr.
Livingston] have any remaining speakers?
Mr. LIVINGSTON. Mr. Speaker, I have no additional speakers.
Mr. OBEY. I yield myself 30 seconds, Mr. Speaker, to simply urge an
``aye'' vote on this proposition. I do not intend to offer a motion to
recommit. I think the sooner we get this bill on to the Senate and on
to the President, the better off everyone will be.
Mr. Speaker, I yield back the balance of my time.
Mr. LIVINGSTON. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I will not be long. We need to conclude this. This bill
has indeed had a tough time. It has been a very interesting 6 or 7
weeks since this bill was first passed. One of the speakers, the
gentleman from North Dakota, reminded me of a song that I heard back in
my old college days that began with the line: ``The stars are out. The
Moon is shining on our jolly crowd.''
I can say now that this doggone bill is over, I feel that the stars
are out, the Moon is shining, and that maybe we can leave here and be a
little bit more jolly than we have been around here in the last couple
of weeks. We are all happy we are passing this bill.
The President sold a lot of newspapers. TV and radio had lots to talk
about. And, in fact, the flood victims were never adversely affected by
what went on over these last several weeks. We had real issues, as the
gentleman from Minnesota pointed out. We had differences. And as the
old saying goes, it was a sloppy process, it was an ugly process.
Nobody should ever see how laws and sausage are made.
It was unfortunate that it had to be as sloppy and as ugly as it was,
but now it is over. We had a staffer on the Committee on
Appropriations, who retired last year, Fred Mohrman. He used to always
say, once it is over, it is a perfect day, it is a perfect bill.
Mr. President, we give you a perfect bill. It is over. We are
providing you with disaster relief for the flood ravaged territories of
this country, some $5-\1/2\ billion in disaster relief. We are
providing you with the money that you have already spend in Bosnia and
Haiti, and all around the world with other military ventures, almost a
billion dollars. We are providing you with benefits for the VA for
pensions and compensation benefits for veterans, almost a billion
dollars, Federal emergency management disaster relief, community
development block grants, watershed flood prevention, national park
repairs, Supplemental Security Income benefits for legal aliens, and
again repayment, replenishment for the troops in the field. All of that
is in this bill, along with some language that is acceptable between
the White House and the Congress on the census.
{time} 1645
Mr. Speaker, all of the money in this bill is paid for with previous
appropriations. This is a perfect bill. It should be signed into law.
Let us get this behind us so we can get into fiscal year 1998
activities and deal with the very serious issues that are involved in
the appropriations for that fiscal year cycle, and let the stars be out
and the moon shine on our jolly crowd.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I would like to rise and speak
in support of H.R. 1871, the emergency supplemental appropriations.
[[Page H3789]]
This legislation will provide much needed assistance to the victims
of the floods, and support our Nation's peacekeeping efforts in the
former Yugoslavia.
Those provisions which were included in the first submission of this
legislation to the President for his signature have been removed. The
subjects that were included; an automatic budget resolution, federally
funded roads into national forest areas, and restriction of sampling in
any future Census.
These areas are serious and each should be considered under the well
established congressional legislative democratic process, through
hearings, markup, and floor debate. Their exclusion from this Emergency
Supplemental Appropriations therefore was the right course for the
House leadership to take. Now, we can begin the process of seeking the
best policy to further the interest of all Americans in each of these
areas.
I believe that every Member of this body will agree that the
suffering of others as a result of any cause is difficult to see. The
pain of people who are the victims of natural disaster is particularly
painful. There is nothing this body could do to legislate the next
natural disaster out of existence, but we can agree that we will never
again let issues that are unrelated enter into the legislative relief
effort.
The least that Members of this body can offer the next victims of
natural disaster in our country, is the promise that their best
interest will be our only consideration when rendering them aid and
assistance through funding legislation.
I would ask that my colleagues join me in support of H.R. 1871, the
Emergency Supplemental Appropriations.
Ms. PELOSI. Mr. Speaker, Send It Clean. This is not a complicated
message: Send It Clean, Mr. Speaker. It's been 85 days since the
President asked the Congress for a disaster relief bill, and for 85
days the Republican leadership has played politics with the lives of
suffering Americans. These people have asked for only one thing:
Relief. What has the GOP responded with? More pain and suffering.
This is not a complicated message: Send It Clean, Mr. Speaker. This
is what the President has been saying; This is what the American people
have been saying; This is what House Democrats have been saying; This
is what Republicans have been ignoring for 85 days.
Disaster Relief was never the place for the Republican agenda to be
advanced. Extraneous bills should be argued on their own merits, and be
allowed to stand or fall on those merits.
The folks trying to rebuild their lives in California, North Dakota,
Minnesota, Arkansas, and Louisiana are waiting for word that the
Democrats are not the only ones listening.
The SPEAKER pro tempore (Mr. LaHood). All time for debate has
expired.
Pursuant to the order of the House of today, the bill is considered
read for amendment, and the previous question is ordered.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
Pursuant to clause 7 of rule XV the yeas and nays are ordered.
The vote was taken by electronic device, and there were-- yeas 348,
nays 74, answered ``present'' 1, not voting 11, as follows:
[Roll No. 203]
YEAS--348
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Bachus
Baesler
Baker
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Bentsen
Bereuter
Berman
Berry
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Calvert
Camp
Canady
Capps
Cardin
Carson
Castle
Chabot
Chenoweth
Clay
Clayton
Clement
Clyburn
Coble
Condit
Conyers
Cook
Cooksey
Costello
Coyne
Cramer
Crapo
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Etheridge
Evans
Everett
Ewing
Fattah
Fawell
Fazio
Filner
Foglietta
Foley
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Green
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastings (FL)
Hastings (WA)
Hayworth
Hefner
Herger
Hill
Hilliard
Hinchey
Hinojosa
Hobson
Holden
Hooley
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney (CT)
Maloney (NY)
Manton
Manzullo
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McGovern
McHale
McHugh
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Minge
Mink
Moakley
Molinari
Mollohan
Moran (KS)
Moran (VA)
Morella
Murtha
Nadler
Neal
Nethercutt
Ney
Northup
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Pappas
Parker
Pascrell
Pastor
Payne
Peterson (MN)
Peterson (PA)
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Redmond
Regula
Reyes
Riggs
Rivers
Rodriguez
Roemer
Rogan
Rogers
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schumer
Scott
Serrano
Shaw
Sherman
Shimkus
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snyder
Solomon
Spence
Spratt
Stabenow
Stark
Stokes
Strickland
Stump
Stupak
Sununu
Talent
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thompson
Thune
Thurman
Tierney
Torres
Towns
Traficant
Turner
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weldon (PA)
Weller
Wexler
Weygand
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
NAYS--74
Archer
Armey
Barr
Bartlett
Barton
Bass
Bilbray
Boehner
Bonilla
Brady
Burr
Burton
Buyer
Callahan
Campbell
Cannon
Chambliss
Christensen
Coburn
Collins
Combest
Cox
Crane
Deal
DeLay
Duncan
Goodling
Graham
Hastert
Hefley
Hilleary
Hoekstra
Hulshof
Hunter
Inglis
Istook
Johnson, Sam
Jones
Kingston
Klug
Largent
McInnis
McIntosh
Mica
Miller (FL)
Myrick
Neumann
Norwood
Nussle
Paul
Paxon
Pease
Petri
Riley
Rohrabacher
Royce
Ryun
Salmon
Sanford
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shays
Smith (MI)
Snowbarger
Stearns
Stenholm
Thornberry
Tiahrt
Upton
Weldon (FL)
ANSWERED ``PRESENT''--1
Souder
NOT VOTING--11
Farr
Flake
Forbes
LaFalce
Martinez
McDade
McDermott
Miller (CA)
Pelosi
Rush
Schiff
{time} 1707
Messrs. CALLAHAN, WELDON of Florida, RILEY, HUNTER, and BARTLETT of
Maryland changed their vote from ``yea'' to ``nay.''
Mr. DOOLEY of California and Mr. SKAGGS changed their vote from
``nay'' to ``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________