[Congressional Record Volume 143, Number 82 (Thursday, June 12, 1997)]
[Senate]
[Pages S5558-S5574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      SUPPLEMENTAL APPROPRIATIONS

  Mr. LOTT. Mr. President, I ask unanimous consent then that at 3:45 
the Senate proceed to the supplemental appropriations bill and no 
amendments or motions be in order, there be 1 hour total for debate on 
the bill to be equally divided between the chairman, Senator Stevens, 
and the ranking member, Senator Byrd, of the Appropriations Committee, 
and finally, following the expiration or yielding back of the time, the 
Senate proceed to vote on passage of the supplemental notwithstanding 
the arrival of the papers, and once the Senate receives the papers, the 
bill be advanced to third reading and passed, all without further 
action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. I further ask unanimous consent that the above-mentioned 
agreement only apply if the text received from the House is identical 
to the bill I now send to the desk to be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The text of the bill (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).
       (b) Report Elements.--The report referred to in subsection 
     (a) shall include the following:

[[Page S5559]]

       (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 S5560]]

                      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 S5561]]

     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 S5562]]

     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 S5563]]

     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 S5564]]

     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 S5565]]

     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 S5566]]

     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 S5567]]

     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 S5568]]

     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 S5569]]

     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 S5570]]

     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 S5571]]

                           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 S5572]]

     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 S5573]]

       (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 S5574]]

       (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''.

                          ____________________