[House Report 105-119]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-119
_______________________________________________________________________
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM NATURAL
DISASTERS, AND FOR OVERSEAS PEACEKEEPING EFFORTS
_______
June 4, 1997.--Ordered to be printed
_______________________________________________________________________
Mr. Livingston, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 1469]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1469) ``making emergency supplemental appropriations for
recovery from natural disasters, and for overseas peacekeeping
efforts, including those in Bosnia, for the fiscal year ending
September 30, 1997, and for other purposes,'' having met, after
full and free conference, have agreed to recommend and do
recommend to their respective House as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for recovery from
natural disasters, and for overseas peacekeeping efforts,
including those in Bosnia, for the fiscal year ending September
30, 1997, and for other purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$306,800,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,900,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $300,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $29,100,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for ``Overseas Contingency
Operations Transfer Fund'', $1,430,100,000: Provided, That the
Secretary of Defense may transfer these funds only to
Department of Defense operation and maintenance accounts:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided in this
paragraph is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of theBalanced
Budget and Emergency Deficit Control Act of 1985, as amended.
OPLAN 34A/35 P.O.W. Payments
For payments to individuals under section 657 of Public Law
104-201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
Reserve Mobilization Income Insurance Fund
For an additional amount for the ``Reserve Mobilization
Income Insurance Fund'', $72,000,000, to remain available until
expended: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 1
(transfer of funds)
Sec. 101. The Secretary of the Navy shall transfer up to
$23,000,000 to ``Operation and Maintenance, Marine Corps'' from
the following accounts in the specified amounts, to be
available only for reimbursing costs incurred for repairing
damage caused by hurricanes, flooding, and other natural
disasters during 1996 and 1997 to real property and facilities
at Marine Corps facilities (including Camp Lejeune, North
Carolina; Cherry Point, North Carolina; and the Mountain
Warfare Training Center, Bridgeport, California);
``Military Personnel, Marine Corps'', $4,000,000;
``Operation and Maintenance, Marine Corps'',
$11,000,000;
``Procurement of Ammunition, Navy and Marine Corps,
1996/1998'', $4,000,000; and
``Procurement, Marine Corps, 1996/1998'',
$4,000,000.
Sec. 102. In addition to the amounts appropriated in title
VI of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Defense Health Program'', $21,000,000 is hereby
appropriated and made available only for the provision of
direct patient care at military treatment facilities.
Sec. 103. In addition to the amounts appropriated in title
II of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208), under the
heading ``Operation and Maintenance, Defense-Wide'',
$10,000,000 is hereby appropriated and made available only for
force protection and counter-terrorism initiatives.
Sec. 104. In addition to the amounts provided in Public Law
104-208, $25,800,000 is appropriated under the heading
``Overseas Humanitarian, Disaster and Civic Aid'': Provided,
That from the funds available under that heading, the Secretary
of Defense shall make a grant in the amount of $25,800,000 to
the American Red Cross for Armed Forces emergency services.
Sec. 105. Report on Cost and Source of Funds for Military
Activities Relating to Bosnia.--(a) Not later than 60 days
after enactment of this Act, the President shall submit to
Congress the report described in subsection (b).
(b) Report Elements.--The report referred to in subsection
(a) shall include the following:
(1) A detailed description of the estimated
cumulative cost of all United States activities
relating to Bosnia after December 1, 1995, including--
(A) the cost of all deployments, training
activities, and mobilization and other
preparatory activities of the Armed Forces; and
(B) the cost of all other activities
relating to United States policy toward Bosnia,
including humanitarian assistance,
reconstruction assistance, aid and other
financial assistance, the rescheduling or
forgiveness of bilateral or multilateral aid,
in-kind contributions, and any other activities
of the United States Government.
(2) A detailed accounting of the source of funds
obligated or expended to meet the costs described in
paragraph (1), including--
(A) in the case of expenditures of funds of
Department of Defense, a breakdown of such
expenditures by military service or defense
agency, line item, and program; and
(B) in the case of expenditures of funds of
other departments and agencies of the United
States, a breakdown of such expenditures by
department or agency and by program.
Sec. 106. For an additional amount for ``Family Housing,
Navy and Marine Corps'' to cover the incremental Operation and
Maintenance costs arising from hurricane damage to family
housing units at Marine Corps Base Camp Lejeune, North Carolina
and Marine Corps Air Station Cherry Point, North Carolina,
$6,480,000, as authorized by 10 U.S.C. 2854.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $57,000,000 are rescinded.
Military Personnel, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Military Personnel, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Military Personnel, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $196,000,000 are rescinded.
Operation and Maintenance, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $51,000,000 are rescinded.
Operation and Maintenance, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $3,000,000 are rescinded.
Operation and Maintenance, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $117,000,000 are rescinded.
Operation and Maintenance, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,000,000 are rescinded.
Environmental Restoration, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Navy
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Environmental Restoration, Formerly Used Defense Sites
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $250,000 are rescinded.
Former Soviet Union Threat Reduction
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
PROCUREMENT
Aircraft Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $5,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $13,000,000 are rescinded.
Missile Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $24,000,000 are rescinded.
Procurement of Weapons and Tracked Combat Vehicles, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $15,400,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
Procurement of Ammunition, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $18,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $11,000,000 are rescinded.
Other Procurement, Army
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Aircraft Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $34,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $52,000,000 are rescinded.
Weapons Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $6,000,000 are rescinded.
Procurement of Ammunition, Navy and Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $812,000 are rescinded.
Shipbuilding and Conversion, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 102-396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 103-139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $33,000,000 are rescinded.
Other Procurement, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $3,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
Procurement, Marine Corps
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $1,207,000 are rescinded.
Aircraft Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $40,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $41,000,000 are rescinded.
Missile Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $163,000,000 are rescinded.
Procurement of Ammunition, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $7,700,000 are rescinded.
Other Procurement, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $20,000,000 are rescinded.
Procurement, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $16,113,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $5,000,000 are rescinded.
National Guard and Reserve Equipment
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $4,366,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $18,000,000 are rescinded.
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $16,878,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $9,600,000 are rescinded.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $24,245,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $172,000,000 are rescinded.
Research, Development, Test and Evaluation, Defense-Wide
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $95,714,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $87,000,000 are rescinded.
Developmental Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $6,692,000 are rescinded.
Operational Test and Evaluation, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
National Defense Sealift Fund
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $25,200,000 are rescinded.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $21,000,000 are rescinded.
Chemical Agents and Munitions Destruction, Defense
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $456,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $20,652,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-208, $27,000,000 are rescinded.
Drug Interdiction and Counter-Drug Activities, Defense
(rescission)
Of the funds made available under this heading in Public
Law 104-208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(rescissions)
Sec. 201. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104-32),
amounts are hereby rescinded from the following accounts in the
specified amounts:
``Military Construction, Air National Guard'',
$5,000,000;
``Military Construction, Defense-wide'',
$41,000,000;
``Base Realignment and Closure Account, Part II'',
$35,391,000;
``Base Realignment and Closure Account, Part III'',
$75,638,000; and
``Base Realignment and Closure Account, Part IV'',
$22,971,000:
Provided, That of the funds appropriated in the Military
Construction Appropriations Act, 1997 (Public Law 104-196),
amounts are hereby rescinded from the following accounts in the
specified amounts:
``Military Construction, Army'', $1,000,000;
``Military Construction, Navy'', $2,000,000;
``Military Construction, Air Force'', $3,000,000;
and
``Military Construction, Defense-wide'',
$3,000,000.
(rescission)
Sec. 202. Of the funds appropriated for ``Military
Construction, Navy'' under Public Law 103-307, $6,480,000 is
hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 301. The Department of Defense is directed to report
to the congressional defense committees 30 days prior to
transferring management, development, and acquisition authority
over the elements of the National Missile Defense Program from
the Military Services: Provided, That the Joint Requirements
Oversight Council is directed to conduct an analysis and submit
recommendations as to the recommended future roles of the
Military Services with respect to development and deployment of
the elements of the National Missile Defense Program: Provided
further, That the analysis and recommendations shall be
submitted to the congressional defense committees within 60
days of enactment of this Act: Provided further, That for 60
days following enactment of this Act, the Department of Defense
shall take no actions to delay or defer planned activities
under the National Missile Defense Program based solely on the
conduct of the Joint Requirements Oversight Council analysis.
Sec. 302. Notwithstanding section 3612(a) of title 22,
United States Code, the incumbent may continue to serve as the
Secretary of Defense designee on the Board of the Panama Canal
Commission if he retires as an officer of the Department of
Defense, until and unless the Secretary of Defense designates
another person to serve in this position.
Sec. 303. Authority of Secretary of Defense To Enter Into
Lease of Building No. 1, Lexington Blue Grass Station,
Lexington, Kentucky.--
(a) Authority to enter into lease.--The Secretary
of Defense may enter into an agreement for the lease of
Building No. 1, Lexington Blue Grass Station,
Lexington, Kentucky, and any real property associated
with the building, for purposes of the use of the
building by the Defense Finance and Accounting Service.
The agreement shall meet the requirements of this
section.
(b) Term.--(1) The agreement under this section
shall provide for a lease term of not to exceed 50
years, but may provide for one or more options to renew
or extend the term of the lease.
(2) The agreement shall include a provision
specifying that, if the Secretary ceases to require the
leased building for purpose of the use of the building
by the Defense Finance and Accounting Service before
the expiration of the term of the lease (including any
extension or renewal of the term under an option
provided for in paragraph (1)), the remainder of the
lease term may, upon the approval of the lessor of the
building, be satisfied by the Secretary or another
department or agency of the Federal Government
(including a military department) for another purpose
similar to such purpose.
(c) Consideration.--(1) The agreement under this
section may not require rental payments by the United
States under the lease under the agreement.
(2) The Secretary or other lessee, if any, under
subsection (b)(2) shall be responsible under the
agreement for payment of any utilities associated with
the lease of the building covered by the agreement and
for maintenance and repair of the building.
(d) Improvement.--The agreement under this section
may provide for the improvement of thebuilding covered
by the agreement by the Secretary or other lessee, if any, under
subsection (b)(2).
(e) Limitation on certain activities.--The
Secretary may not obligate or expend funds for the
costs of any utilities, maintenance and repair, or
improvements under this lease under this section in any
fiscal year unless funds are appropriated or otherwise
made available for the Department of Defense for such
payment in such fiscal year.
Sec. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C.
1552(a), and 31 U.S.C. 1553(a), funds appropriated in Public
Law 101-511, Public Law 102-396, and Public Law 103-139, under
the heading ``Weapons Procurement, Navy'', that were obligated
and expended to settle claims on the MK-50 torpedo program may
continue to be obligated and expended to settle those claims.
Sec. 305. None of the funds available to the Department of
Defense in this or any other Act shall be available to pay the
cost of operating a National Missile Defense Joint Program
Office which includes more than 55 military and civilian
personnel located in the National Capital Region.
Sec. 306. Funds obligated by the National Aeronautics and
Space Administration (NASA) in the amount of $61,300,000 during
fiscal year 1996, pursuant to the ``Memorandum of Agreement
between the National Aeronautics and Space Administration and
the United States Air Force on Titan IV/Centaur Launch Support
for the Cassini Mission,'' signed September 8, 1994, and
September 23, 1994, and Attachments A, B, and C to that
Memorandum, shall be merged with Air Force appropriations
available for research, development, test and evaluation and
procurement for fiscal year 1996, and shall be available for
the same time period as the appropriation with which merged,
and shall be available for obligation only for those Titan IV
vehicles and Titan IV-related activities under contract.
Sec. 307. For the purposes of implementing the 1997 Defense
Experimental Program to Stimulate Competitive Research
(DEPSCoR), the term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, Guam and the
Virgin Islands of the United States, American Samoa and the
Commonwealth of the Northern Mariana Islands.
TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM
NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct and guaranteed loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974, resulting
from flooding and other natural disasters, $23,000,000, to
remain available until expended, of which $18,000,000 shall be
available for emergency insured loans and $5,000,000 shall be
available for subsidized guaranteed operating loans: Provided,
That the entire amount shall be available only to the extent
that an official budget request for $23,000,000 that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That such amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of such Act.
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
direct operating loans authorized by 7 U.S.C. 1928-1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
$6,300,000, to remain available until expended.
emergency conservation program
For an additional amount for ``Emergency Conservation
Program'' for expenses, including carcass removal, resulting
from flooding and other natural disasters, $70,000,000, to
remain available until expended: Provided, That the entire
amount shall be available only to the extent that an official
budget request for $70,000,000, that includes designation of
the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
tree assistance program
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards
damaged by natural disasters: Provided, That the entire amount
shall be available only to the extent that an official budget
request of $9,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress:
Provided further, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
such Act.
Commodity Credit Corporation Fund
disaster reserve assistance program
Effective only for losses in the fiscal year beginning
October 1, 1996, through the date of enactment of this Act, the
Secretary may use up to $50,000,000 from proceeds earned from
the sale of grain in the disaster reserve established in the
Agricultural Act of 1970 to implement a livestock indemnity
program for losses from natural disasters pursuant to a
Presidential or Secretarial declaration requested prior to the
date of enactment of this Act in a manner similar to
catastrophic loss coverage available for other commodities
under 7 U.S.C. 1508(b): Provided, That in administering a
program described in the preceding sentence, the Secretary
shall, to the extent practicable, utilize gross income and
payment limitations conditions established for the Disaster
Reserve Assistance Program for the 1996 crop year: Provided
further, That notwithstanding any other provision of law,
beginning on October 1, 1997, grain in the disaster reserve
established in the Agricultural Act of 1970 shall not exceed 20
million bushels: Provided further, That the entire amount shall
be available only to the extent an official budget request,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
such Act.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood
Prevention Operations'' to repair damages to the waterways and
watersheds, including debris removal that would not be
authorized under the Emergency Watershed Program, resulting
from flooding and other natural disasters, including those in
prior years, $166,000,000, to remain available until expended:
Provided, That the entire amount shall be available only to the
extent an official budget request for $166,000,000, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
such Act: Provided further, That if the Secretary determines
that the cost of land and farm structures restoration exceeds
the fair market value of an affected agricultural land, the
Secretary may use sufficient amounts, not to exceed
$15,000,000, from funds provided under this heading to accept
bids from willing sellers to provide floodplain easements for
such agricultural land inundated by floods: Provided further,
That none of the funds provided under this heading shall be
used for the salmon memorandum of understanding.
Rural Housing Service
rural housing insurance fund program account
Rural Housing Assistance Program
Any unobligated balances remaining in the ``Rural Housing
Insurance Fund program Account'' from prior years' disaster
supplementals shall be available until expended for Section 502
housing loans, Section 504 loans and grants, Section 515 loans,
and domestic farm labor grants to meet emergency needs
resulting from natural disasters: Provided, That such
unobligated balances shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985
is transmitted by the President to the Congress: Provided
further, That such unobligated balances are designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That
notwithstanding section 520 of the Housing Act of 1949, as
amended, (42 U.S.C. 1490) the College Station area of Pulaski
County, Arkansas shall be eligible for loans and grants
available through the Rural Housing Service: Provided further,
That funds made available in Public Law 104-180 for Community
Facility Grants for the Rural Housing Assistance Program may be
provided to any community otherwise eligible for a Community
Facility Loan for expenses directly or indirectly resulting
from flooding and other natural disasters.
Rural Utilities Service
rural utilities assistance program
For an additional amount for ``Rural Utilities Assistance
Program'', for the cost of direct loans, loan guarantees, and
grants, including the cost of modifying loans as defined in
section 502 of the Congressional Budget Act of 1974, for
emergency expenses resulting from flooding and other natural
disasters, $4,000,000, to remain available until September 30,
1998: Provided, That the entire amount shall be available only
to the extent that an official budget request for $4,000,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
Food and Consumer Service
special supplemental nutrition program for women, infants, and children
(wic)
For an additional amount for the ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'' as
authorized by section 17 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. et seq.),
$76,000,000, to remain available through September 30, 1998:
Provided, That the Secretary shall allocate such funds through
the existing formula or, notwithstanding sections 17 (g), (h),
or (i) of such Act and the regulations promulgated thereunder,
such other means as the Secretary deems necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON PRICES
RECEIVED FOR BULK CHEESE.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
collect and disseminate, on a weekly basis, statistically
reliable information, obtained from cheese manufacturing areas
in the United States on prices received and terms of trade
involving bulk cheese, including information on the national
average price for bulk cheese sold through spot and forward
contract transactions. To the maximum extent practicable, the
Secretary shall report the prices and terms of trade for spot
and forward contract transactions separately.
(b) Confidentiality.--All information provided to, or
acquired by, the Secretary under subsection (a) shall be kept
confidential by each officer and employee of the Department of
Agriculture except that general weekly statements may be issued
that are based on the information and that do not identify the
information provided by any person.
(c) Report.--Not later than 150 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Agriculture, and the Committee on Appropriations,
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry, and the Committee on
Appropriations, of the Senate, on the rate of reporting
compliance by cheese manufacturers with respect to the
information collected under subsection (a). At the time of the
report, the Secretary may submit legislative recommendations to
improve the rate of reporting compliance.
(d) Termination of Effectiveness.--The authority provided
by subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'' for emergency infrastructure expenses and
the capitalization of revolving loan funds related to recent
flooding and other natural disasters, $52,200,000, to remain
available until expended, of which not to exceed $2,000,000 may
be available for administrative expenses and may be transferred
to and merged with the appropriations for ``Salaries and
Expenses'': Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
National Institute of Standards and Technology
industrial technology services
Of the amount provided under this heading in Public Law
104-208 for the Advanced Technology Program, not to exceed
$35,000,000 shall be available for the award of new grants.
National Oceanic and Atmospheric Administration
operations, research, and facilities
Within amounts available for ``Operations, Research, and
Facilities'' for Satellite Observing Systems, not to exceed
$7,000,000 is available until expended to provide disaster
assistance related to recent flooding and red tide pursuant to
section 312(a) of the Magnuson-Stevens Fishery Conservation and
Management Act, and not to exceed $2,000,000 is available until
expended to implement the Magnuson-Stevens Fishery Conservation
and Management Act: Provided, That the entire amount shall be
available only to the extent that an official budget request
for $9,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Provided
further, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
such Act.
construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
Commission on the Advancement of Federal Law Enforcement
For an additional amount for the operations of the
Commission on the Advancement of Federal Law Enforcement,
$2,000,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 2
Sec. 2001. Of the funds currently contained within the
``Counterterrorism Fund'' of the Department of Justice,
$3,000,000 is provided for allocation by the Attorney General
to the appropriate unit or units of government in Ogden, Utah,
for necessary expenses, including enhancements and upgrade of
security and communications infrastructure, to counter any
potential terrorism threat related to the 2002 Winter Olympic
games to be held in Utah.
Sec. 2002. Expanding Small Business Participation in
Dredging.--Section 722(a) of the Small Business Competitiveness
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is
amended by striking ``September 30, 1996'' and inserting
``September 30, 1997''.
Sec. 2003. Section 101 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1371) is amended by adding at the end
thereof the following:
``(d) Good Samaritan Exemption.--It shall not be a
violation of this Act to take a marine mammal if--
``(1) such taking is imminently necessary to avoid
serious injury, additional injury, or death to a marine
mammal entangled in fishing gear or debris;
``(2) reasonable care is taken to ensure the safe
release of the marine mammal, taking into consideration
the equipment, expertise, and conditions at hand;
``(3) reasonable care is exercised to prevent any
further injury to the marine mammal; and
``(4) such taking is reported to the Secretary
within 48 hours.''.
Sec. 2004. Notwithstanding any other provision of law, the
Secretary of Commerce shall have the authority to reprogram or
transfer up to $41,000,000 of the amounts provided under
``National Oceanic and Atmospheric Administration, Operations,
Research, and Facilities'' for Satellite Observing Systems in
Public Law 104-208 for other programmatic and operational
requirements of the National Oceanic and Atmospheric
Administration and the Department of Commerce subject to
notification of the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section
605 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1997 and
which shall not be available for obligation or expenditure
except in compliance with the procedure set forth in that
section.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For an additional amount for ``Flood Control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana,
Mississippi, Missouri, and Tennessee'' for emergency expenses
due to flooding and other natural disasters, $20,000,000, to
remain available until expended: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses due to flooding and other
natural disasters, $150,000,000, to remain available until
expended: Provided, That of the total amount appropriated, the
amount for eligible navigation projects which may be derived
from the Harbor Maintenance Trust Fund pursuant to Public Law
99-662, shall be derived from that fund: Provided further, That
of the total amount appropriated, $5,000,000 shall be available
solely for the Secretary of the Army, acting through the Chief
of Engineers, to pay the costs of the Corps of Engineers and
other Federal agencies associated with the development of
necessary studies, an interagency management plan,
environmental documentation, continued monitoring, and other
activities related to allocations of water in the Alabama-
Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River
Basins: Provided further, That no portion of such $5,000,000
may be used by the Corps of Engineers to revise its master
operational manuals or water control plans for operation of the
reservoirs for the two river basins until (1) the interstate
compacts for the two river basins are ratified by the Congress
by law; and (2) the water allocation formulas for the two river
basins have been agreed to by the States of Alabama, Georgia,
and Florida and the Federal representative to the compacts:
Provided further, That the preceding proviso shall not apply to
the use of such funds for any environmental reviews necessary
for the Federal representative to approve the water allocation
formulas for the two river basins: Provided further, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' due to flooding and other natural disasters,
$415,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That with $5,000,000 of the funds
appropriated herein, the Secretary of the Army is directed to
initiate and complete preconstruction engineering and design
and the associated Environmental Impact Statement for an
emergency outlet from Devils Lake, North Dakota, to the
Sheyenne River: Provided further, That of the funds
appropriated under this paragraph, $5,000,000 shall be used for
the project consisting of channel restoration and improvements
on the James River authorized by section 401(b) of the Water
Resources Development Act of 1986 (Public Law 99-662; 100 Stat.
4128) if the Secretary of the Army determines that the need for
such restoration and improvements constitutes an emergency.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
operation and maintenance
For an additional amount for ``Operation and Maintenance'',
$7,355,000, to remain available until expended, to repair
damage caused by floods and other natural disasters: Provided,
That of the total appropriated, the amount for program
activities that can be financed by the Reclamation Fund shall
be derived from that fund: Provided further, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 3
Sec. 3001. (a) Beginning in fiscal year 1997 and
thereafter, the United States members and the alternate members
appointed under the Susquehanna River Basin Compact (Public Law
91-575), and the Delaware River Basin Compact (Public Law 87-
328), shall be officers of the U.S. Army Corps of Engineers,
who hold Presidential appointments as Regular Army officers
with Senate confirmation, and who shall serve without
additional compensation.
(b) Section 2, Reservations, Paragraph (u) of Public Law
91-575 (84 Stat. 1509) and Section 15.1, Reservations,
Paragraph (d) of Public Law 87-328 (75 Stat. 688, 691) are
hereby repealed.
(c) Section 2.2 of Public Law 87-328 (75 Stat. 688, 691) is
amended by striking the words ``during the term of office of
the President'' and inserting the words ``at the pleasure of
the President''.
Sec. 3002. Notwithstanding section 5 of the Reclamation
Safety of Dams Act of 1978, Public Law 95-578, as amended, the
Secretary of the Interior is authorized to obligate up to
$1,200,000 for carrying out actual construction for safety of
dam purposes to modify the Willow Creek Dam, Sun River Project,
Montana.
Sec. 3003. (a) Consultation and Conferencing.--As provided
by regulations issued under the Endangered Species Act (16
U.S.C. 1531 et seq.) for emergency situations, formal
consultation or conferencing under section 7(a)(2) or section
7(a)(4) of the Act for any action authorized, funded or carried
out by any Federal agency to repair a Federal or non-Federal
flood control project, facility or structure may be deferred by
the Federal agency authorizing, funding or carrying out the
action, if the agency determines that the repair is needed to
respond to an emergency causing an imminent threat to human
lives and property in 1996 or 1997. Formal consultation or
conferencing shall be deferred until the
imminent threat to human lives and property has been abated.
For purposes of this section, the term repair shall include
preventive and remedial measures to restore the project,
facility or structure to remove an imminent threat to human
lives and property.
(b) Reasonable and Prudent Measures.--Any reasonable and
prudent measures specified under section 7 of the Endangered
Species Act (16 U.S.C. 1536) to minimize the impact of an
action taken under this section shall be related both in nature
and extent to the effect of the action taken to repair the
flood control project, facility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
assistance to ukraine
Sec. 4001. The President may waive the minimum funding
requirements contained in subsection (k) under the heading
``Assistance for the New Independent States of the Former
Soviet Union'' contained in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
included in Public Law 104-208, for activities for the
government of Ukraine funded in that subsection, if he
determines and so reports to the Committees on Appropriations
that the government of Ukraine:
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United
States businesses and individuals are able to operate
according to generally accepted business principles; or
(3) is not taking steps to cease the illegal
dumping of steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
construction
(including transfer of funds)
For an additional amount for ``Construction'' to repair
damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$4,403,000 is to be derived by transfer from unobligated
balances of funds under the heading, ``Oregon and California
Grant Lands'', made available as supplemental appropriations in
Public Law 104-134: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
oregon and california grant lands
For an additional amount for ``Oregon and California Grant
Lands'' to repair damage caused by floods and other natural
disasters, $2,694,000, to remain available until expended and
to be derived from unobligated balances of funds under the
heading, ``Oregon and California Grant Lands'', made available
as supplemental appropriations in Public Law 104-134: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'',
$5,300,000, to remain available until expended, for technical
assistance and fish replacement made necessary by floods and
other natural disasters, for restoration of public lands
damaged by fire, and for payments to private landowners for the
voluntary use of private land to store water in restored
wetlands: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
construction
For an additional amount for ``Construction'', $88,000,000,
to remain available until expended, to repair damage caused by
floods and other natural disasters: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
land acquisition
For an additional amount for ``Land Acquisition'',
$10,000,000, to remain available until expended, for the cost-
effective emergency acquisition of land and water rights
necessitated by floods and other natural disasters: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
National Park Service
construction
For an additional amount for ``Construction'' for
emergency expenses resulting from flooding and other natural
disasters, $187,321,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That of this amount, $30,000,000
shall be available only to the extent an official budget
request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement
as defined in such Act, is transmitted by the President to
Congress, and upon certification by the Secretary of the
Interior to the President that a specific amount of such funds
is required for (1) repair or replacement of concession use
facilities at Yosemite National Park if the Secretary
determines, after consulting with the Director of the Office of
Management and Budget, that the repair or replacement of those
facilities cannot be postponed until completion of an agreement
with the Yosemite Concessions Services Corporation or any
responsible third party to satisfy its repair or replacement
obligations for the facilities, or (2) the Federal portion, if
any, of the costs of repair or replacement of such concession
use facilities: Provided further, That nothing herein should be
construed as impairing in any way the rights of the United
States against the Yosemite Concession Services Corporation or
any other party or as relieving the Corporation or any other
party of its obligations to the United States: Provided
further, That prior to any final agreement by the Secretary
with the Corporation or any other party concerning its
obligation to repair or replace concession use facilities, the
Solicitor of the Department of the Interior shall certify that
the agreement fully satisfies the obligations of the
Corporation or third party: Provided further, That nothing
herein, or any payments, repairs, or replacements made by the
Corporation or a third party in fulfillment of the
Corporation's obligations to the United States to repair and
replace damaged facilities, shall create any possessory
interest for the Corporation or such third party in such
repaired or replaced facilities: Provided further, That any
payments made to the United States by the Corporation or a
third party for repair or replacement of concession use
facilities shall be deposited in the General Fund of the
Treasury or, where facilities are repaired or replaced by the
Corporation or any other third party, an equal amount of
appropriations for ``Construction'' shall be rescinded.
For an additional amount for ``Construction'', $10,000,000,
to remain available until expended, to make repairs, construct
facilities, and provide visitor transportation and for related
purposes at Yosemite National Park.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $4,650,000, to remain available until September 30,
1998, to repair or replace damaged equipment and facilities
caused by floods and other natural disasters: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian
Programs'', $14,317,000, to remain available until September
30, 1998, for emergency response activities, including
emergency school operations, heating costs, emergency welfare
assistance, and to repair and replace facilities and resources
damaged by snow, floods, and other natural disasters: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
construction
For an additional amount for ``Construction'', $6,249,000,
to remain available until expended, to repair damages caused by
floods and other natural disasters: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That notwithstanding any other provision of law, funds
appropriated herein and in Public Law 104-208 to the Bureau of
Indian Affairs for repair of the Wapato irrigation project
shall be made available on a nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for ``National Forest System'' for
emergency expenses resulting from flooding and other natural
disasters, $39,677,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
reconstruction and construction
For an additional amount for ``Reconstruction and
Construction'' for emergency expenses resulting from flooding
and other natural disasters, $27,685,000, to remain available
until expended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For an additional amount for ``Indian Health Services'' for
emergency expenses resulting from flooding andother natural
disasters, $1,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
indian health facilities
For an additional amount for ``Indian Health Facilities''
for emergency expenses resulting from flooding and other
natural disasters, $2,000,000, to remain available until
expended: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 5
Sec. 5001. Section 101(c) of Public Law 104-134 is amended
as follows: Under the heading ``Title III--General Provisions''
amend sections 315(c)(1)(A) and 315(c)(1)(B) by striking in
each of those sections ``104%'' and inserting in lieu thereof
``100%''; by striking in each of those sections ``1995'' and
inserting in lieu thereof ``1994''; and by striking in each of
those sections ``and thereafter annually adjusted upward by
4%,''.
Sec. 5002. Section 101(d) of Public Law 104-208 is amended
as follows: Under the heading ``Administrative Provisions,
Indian Health Service'' strike the seventh proviso and insert
the following in lieu thereof: ``: Provided further, That with
respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on
a reimbursable basis, including payment in advance with
subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self Determination Act, may be credited
to the same or subsequent appropriation account which provided
the funding, said amounts to remain available until expended''.
Sec. 5003. (a) Extension and Effective Date.--Section
3711(b)(1) of the San Carlos Apache Tribe Water Rights
Settlement Act of 1992 (106 Stat. 4752) is amended by striking
``June 30, 1997'' and inserting ``March 31, 1999''.
(b) Extension for River System General Adjudication.--
Section 3711 of such Act is amended by adding at the end the
following new subsection:
``(c) Extension for River System General Adjudication.--If,
at any time prior to March 31, 1999, the Secretary notifies the
Committee on Indian Affairs of the United States Senate or the
Committee on Resources in the United States House of
Representatives that the Settlement Agreement, as executed by
the Secretary, has been submitted to the Superior Court of the
State of Arizona in and for Maricopa County for consideration
and approval as part of the General Adjudication of the Gila
River System and Source, the March 31, 1999, referred to in
subsection (b)(1) shall be deemed to be changed to December 31,
1999.''.
(c) Counties.--Section 3706(b)(3) of such Act is amended by
inserting ``Gila, Graham, Greenlee,'' after ``Maricopa,''.
(d) Parties to Agreement.--Section 3703(2) of such Act is
amended by adding at the end the following new sentence: ``The
Gila Valley Irrigation District and the Franklin Irrigation
District shall be added as parties to the Agreement, but only
so long as none of the aforementioned parties objects to adding
the Gila Valley Irrigation and/or the Franklin Irrigation
District as parties to the Agreement.''.
(e) Definitions.--Section 3703 of such Act is amended by
adding the following new paragraphs:
``(12) `Morenci mine complex' means the lands owned or
leased by Phelps Dodge Corporation, now or in the future,
delineated in a map as `Phelps Dodge Mining, Mineral
Processing, and Auxiliary Facilities Water Use Area', which map
is dated March 19, 1996, and is on file with the Secretary of
the Interior.
``(13) `Upper Eagle Creek Wellfield' means that area in
Greenlee County which is bounded by the eastern boundary of
Graham County on the west, the southern boundary of the Black
River watershed on the north, a line running north and south 5
miles east of the eastern boundary of Graham County on the
east, and the southern boundary of the natural drainage of
Cottonwood Canyon on the south.''.
(f) Black River Facilities.--Section 3711 of such Act, as
amended by subsection (b) of this Act, is further amended by
adding at the end the following:
``(d) Black River Facilities.--(1) In general.--The
provisions and agreements set forth or referred to in
paragraphs (2), (3), and (4) below shall be enforceable against
the United States in United States district court, and the
immunity of the United States for such purposes and for no
other purpose is hereby waived. The provisions and agreements
set forth or referred to in paragraphs (2)(A), (3), and (4)
below shall be enforceable against the Tribe in United States
district court, and the immunity of the Tribe for such purposes
and for no other purpose, is hereby waived. The specific
agreements made by the Tribe and set forth in paragraph (5)
shall be enforceable against the Tribe in United States
district court, and the immunity of the Tribe is hereby waived
as to such specific agreements and for no other purpose.
``(2) Interim period.--
``(A) As of July 23, 1997, Phelps Dodge shall
vacate the reservation and no longer rely upon permit
#2000089, dated July 25, 1944. On such date the United
States, through the Bureau of Reclamation, shall enter,
operate, and maintain the Black River pump station,
outbuildings, the pipeline, related facilities, and
certain caretaker quarters (hereinafter referred to
collectively as the `Black River facilities').
``(B) The United States and Phelps Dodge shall
enter into a contract for delivery of water pursuant to
subparagraph (C), below. Water for delivery to Phelps
Dodge from the Black River shall not exceed an annual
average of 40 acre feet per day, or 14,000 acre feet
per year. All diversions from Black River to Phelps
Dodge shall be junior to the diversion and use of up to
7,300 acre feet per year by the San Carlos Apache
Tribe, and no such diversion for Phelps Dodge shall
cause the flow of Black River to fall below 20 cubic
feet per second. The United States shall account for
the costs for operating and maintaining the Black River
facilities, and Phelps Dodge shall reimburse the United
States for such costs. Phelps Dodge shall pay to the
United States, for delivery to the Tribe, the sum of
$20,000 per month, with an annual CPI adjustment from
July 23, 1997, for purposes of compensating the Tribe
for United States use and occupancy of the Black River
facilities. Phelps Dodge and the Tribe shall cooperate
with the United States in effectuating an orderly
transfer of the operations of the Black River
facilities from Phelps Dodge to the United States.
``(C) Notwithstanding any other provision of law,
the contract referred to in subparagraph (B) between
the United States and Phelps Dodge which provides for
the diversion of water from the Black River into the
Black River facilities, and the delivery of such water
to Phelps Dodge at that location where the channel of
Eagle Creek last exits the reservation for use in the
Morenci mine complex and the towns of Clifton and
Morenci and at no other location, is ratified and
confirmed.
``(D) The power line right-of-way over the Tribe's
Reservation which currently is held by Phelps Dodge
shall remain in place. During the interim period,
Phelps Dodge shall provide power to the United States
for operation of the pump station and related
facilities without charge, and Phelps Dodge shall pay a
monthly right-of-way fee to the Tribe of $5,000 per
month, with an annual CPI adjustment from July 23,
1997.
``(E) Any questions regarding the water claims
associated with Phelps Dodge's use of the Upper Eagle
Creek Wellfield, its diversions of surface water from
Eagle Creek, the San Francisco River, Chase Creek, and/
or its use of other water supplies are not addressed in
this title. No provision in this subsection shall
affect or be construed to affect any claims by the
Tribe, the United States, or Phelps Dodge to
groundwater or surface water.
``(3) Final arrangements and terms.--The interim period
described in paragraph (2) shall extend until all conditions
set forth in paragraph (3)(B) have been satisfied. At such
time, the following final arrangements shall apply, based on
the terms set forth below. Such terms shall bind the Tribe, the
United States, and Phelps Dodge, and shall be enforceable
pursuant to subsection (d)(1) of this Act.
``(A) The United States shall hold the Black River
facilities in trust for the Tribe, without cost to the
Tribe or the United States.
``(B) Responsibility for operation of the Black
River facilities shall be transferred from the United
States to the Tribe. The United States shall train
Tribal members during the interim period, and the
responsibility to operate the Black River facilities
shall be transferred upon satisfaction of 2
conditions--
``(i) a finding by the United States that
the Tribe has completed necessary training and
is qualified to operate the Black River
facilities; and
``(ii) execution of the contract described
in paragraph (3)(E), which contract shall be
executed on or before December 31, 1998. In the
event that the contract is not executed by
December 31, 1998, the transfer described in
this subsection shall occur on December 31,
1998 (so long as condition (i) of this
subparagraph has been satisfied), based on
application of the contract terms described in
paragraph (3)(E), which terms shall be
enforceable under this Act. Upon the approval
of the Secretary, the Tribe may contract with
third parties to operate the Black River
facilities.
``(C) Power lines currently operated by Phelps
Dodge on the Tribe's Reservation, and the right-of-way
associated with such power lines, shall be surrendered
by Phelps Dodge to the Tribe, without cost to the
Tribe. Prior to the surrender of the power lines, the
Bureau of Reclamation shall arrange for an inspection
of the power lines and associated facilities by a
qualified third party and shall obtain a certification
that such power lines and facilities are of sound
design and are in good working order. Phelps Dodge
shall pay for the cost of such inspection and
certification. Concurrently with the surrender of the
power lines and the right-of-way, Phelps Dodge shall
construct a switch station at the boundary of the
Reservation at which the Tribe may switch power on or
off and shall deliver ownership and control of such
switch station to the Tribe. Subsequent to the transfer
of the power lines and the right-of-way and the
delivery of ownership and control of the switch station
to the Tribe, Phelps Dodge shall have no further
obligation or liability of any nature with respect to
the ownership, operation, or maintenance of the power
lines, the right-of-way, or the switch station.
``(D) The Tribe and the United States will enter
into an exchange agreement with the Salt River Project
which will deliver CAP water controlled by the Tribe to
the Salt River Project in return for the diversion of
water from the Black River into the Black River
facilities. The exchange agreement shall be subject to
review and approval by Phelps Dodge, which approval
shall not be unreasonably withheld. Notwithstanding any
other provision of law, the contract referred to in
this subparagraph is ratified and confirmed.
``(E) The Tribe, the United States, and Phelps
Dodge will execute a contract covering the lease and
delivery of CAP water from the Tribe to Phelps Dodge on
the following terms:
``(i) The Tribe will lease to Phelps Dodge
14,000 acre feet of CAP water per year as of
the date on which the interim period referred
to in paragraph (2) expires. The lease shall be
subject to the terms and conditions identified
in the Tribal CAP Delivery Contract referenced
in section 3706(b). The leased CAP water shall
be delivered to Phelps Dodge from the Black
River pursuant to the exchange referred to in
subparagraph (D) above, based on diversions
from the Black River that shall not exceed an
annual average of 40 acre feet per day and
shall not cause the flow of Black River to fall
below 20 cubic feet per second. Such CAP water
shall be delivered to Phelps Dodge at that
location where the channel of Eagle Creek last
exits the Reservation, to be utilized in the
Morenci mine complex and the towns of Clifton
and Morenci, and at no other location.
``(ii) The leased CAP water shall be junior
to the diversion and use of up to 7,300 acre
feet per year from the Black and Salt Rivers by
the San Carlos Apache Tribe.
``(iii) The lease will be for a term of 50
years or, if earlier, the date upon which
mining activities at the Morenci mine complex
cease, with a right to renew for an additional
50 years upon a finding by the Secretary that
the water is needed for continued mining
activities at the Morenci mine complex. The
lease shall have the following financial terms:
``(I) The Tribe will lease CAP
water at a cost of $1,200 per acre
foot. Phelps Dodge shall pay to the
United States, on behalf of the Tribe,
the sum of $5,000,000upon the earlier
of the execution of the agreement, or upon the expiration of the
interim period referred to in paragraph (2) hereof, which amount shall
be a prepayment for and applicable to the first 4,166 acre feet of CAP
water to be delivered in each year during the term of the lease.
``(II) Phelps Dodge shall pay the
United States, on behalf of the Tribe,
the sum of $65 per acre foot per year,
with an annual CPI adjustment for the
remaining 9,834 acre feet of water to
be delivered pursuant to the lease each
year. Such payments shall be made in
advance on January 1 of each year, with
a reconciliation made at year-end, if
necessary, in the event that less than
14,000 acre feet of CAP water is
diverted from the Black River due to
shortages in the CAP system or on the
Black River.
``(III) Phelps Dodge shall pay in
advance each month the Tribe's
reasonable costs associated with the
Tribe's operation, maintenance, and
replacement of the Black River
facilities for purposes of delivering
water to Phelps Dodge pursuant to the
lease, which costs shall be based upon
the experience of the Bureau of
Reclamation in operating the Black
River facilities during the interim
period referred to in paragraph (2),
subject to an annual CPI adjustment,
and providing for a credit for power
provided by Phelps Dodge to the Tribe.
In addition, Phelps Dodge shall pay a
monthly fee of $30,000 to the United
States, on behalf of the Tribe, to
account for the use of the Tribe's
distribution system.
``(IV) Phelps Dodge shall pay the
United States operation, maintenance,
and replacement charges associated with
the leased CAP water and such
reasonable interconnection charges as
may be imposed by Salt River Project in
connection with the exchange referred
to in subparagraph (D) above.
``(iv) Notwithstanding the provisions of
section 3707(b), any moneys, except Black River
facilities OM&R, CAP OM&R and any charges
associated with an exchange agreement with Salt
River Project, paid to the United States on
behalf of the Tribe from the lease referred to
under paragraph (3)(D)(iii) shall be held in
trust by the United States for the benefit of
the Tribe. There is hereby established in the
Treasury of the United States a fund to be
known as the `San Carlos Apache Tribe Lease
Fund' for such purpose. Interest accruing to
the Fund may be used by the Tribe for economic
and community development purposes upon
presentation to the Secretary of a certified
copy of a duly enacted resolution of the Tribal
Council requesting distribution and a written
budget approved by the Tribal Council. Such
income may thereafter be expended only in
accordance with such budget. Income not
distributed shall be added to principal. The
United States shall not be liable for any claim
or causes of action arising from the Tribe's
use or expenditure of moneys distributed from
the Fund.
``(v) The lease is not assignable to any
third party, except with the consent of the
Tribe and Phelps Dodge, and with the approval
of the Secretary.
``(vi) Notwithstanding subsection (b)
hereof, section 3706 shall be fully effective
immediately with respect to the CAP water lease
provided for in this subparagraph and the
Secretary shall take all actions authorized by
section 3706 necessary for purposes of
implementing this subparagraph. Notwithstanding
any other provision of law, the contract
referred to in this subparagraph is ratified
and confirmed and shall be enforceable in
United States district court. In the event that
no lease authorized by this subparagraph is
executed, this subparagraph, notwithstanding
any other provision of law, shall be
enforceable as a lease among the Tribe, the
United States, and Phelps Dodge in the United
States district court, and the Secretary shall
take all action authorized by section 3706 for
purposes of implementing this subparagraph in
such an event.
``(F) Any questions regarding the water claims
associated with Phelps Dodge's use of the Eagle Creek
Wellfield, its diversions of surface water from lower
Eagle Creek, the San Francisco River, Chase Creek, and/
or its use of other water supplies are not addressed by
this title. No provision in this subsection shall
affect or be construed to affect any claims by the
Tribe, the United States, or Phelps Dodge to
groundwater or surface water.
``(4) Eagle creek.--From the effective date of this
subsection, and during the Interim Period, the Tribe shall not,
in any way, impede, restrict, or sue the United States
regarding the passage of water from the Black River facilities
into those portions of the channels of Willow Creek and Eagle
Creek which flow through the Reservation. Phelps Dodge agrees
to limit pumping from the Upper Eagle Creek Wellfield so that
the combination of water from the Black River facilities and
water pumped from the Upper Eagle Creek Wellfield does not
exceed 22,000 acre feet per year of delivered water at the
Phelps Dodge Lower Eagle Creek Pump Station below the
Reservation. In calculating the pumping rates allowed under
this subparagraph, transmission losses from Black River and the
Upper Eagle Creek Wellfield shall be estimated, but in no event
shall such transmission losses be more than 10 percent of the
Black River or Upper Eagle Creek Wellfield water. Based on this
agreement, the Tribe shall not, in any way, impede, restrict,
or sue Phelps Dodge regarding the passage of water from the
Phelps Dodge Upper Eagle Creek Wellfield, except that--
(A) Phelps Dodge shall pay to the United States, on
behalf of the Tribe, $5,000 per month, with an annual
CPI adjustment from July 23, 1997, to account for the
passage of such flows; and
(B) the Tribe and the United States reserve the
right to challenge Phelps Dodge's claims regarding the
pumping of groundwater from the Upper Eagle Creek
Wellfield, in accordance with paragraphs (2)(E) and
(3)(F) above. In the event that a court determines that
Phelps Dodge does not have the right to pump the Upper
Eagle Creek Wellfield, the Tribe will no longer be
subject to the restriction set forth in this
subparagraph regarding the passage of water from the
Wellfield through the Reservation. Nothing in this
subsection shall affect the rights, if any, that Phelps
Dodge might claim regarding the flow of water in the
channel of Eagle Creek in the absence of this
subsection.
``(5) Past claims.--The Act does not address claims
relating to Phelps Dodge's prior occupancy and operation of the
Black River facilities. The Tribe agrees not to bring any such
claims against the United States. The Tribe also agrees that
within 30 days after Phelps Dodge has vacated the Reservation,
it shall dismiss with prejudice the suit that it has filed in
Tribal Court against Phelps Dodge (The San Carlos Apache Tribe
v. Phelps Dodge, et al., Case No. C-97-118), which such
dismissal shall not be considered a decision on the merits, and
any claims that it might assert against Phelps Dodge in
connection with Phelps Dodge's prior occupancy and operation of
the Black River facilities shall be brought exclusively in the
United States district court.
``(6) Relationship to settlement.--
``(A) The term `Agreement', as defined by section
3703(2), shall not include Phelps Dodge.
``(B) Section 3706(j) and section 3705(f) shall be
repealed and shall have no effect.
``(7) Ratification of settlement.--The agreement between
the San Carlos Apache Tribe, the Phelps Dodge Corporation, and
the Secretary of the Interior, as set forth in this subsection,
is hereby ratified and approved.''.
(g) Technical Amendment.--Section 3702(a)(3) is amended by
striking ``qualification'' and inserting ``quantification''.
Sec. 5004. Paragraph (5) of section 104(c) of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended
as follows:
(1) In subparagraph (A), by striking ``, including
polar bears taken but not imported prior to the date of
enactment of the Marine Mammal Protection Act
Amendments of 1994,''.
(2) By adding the following new subparagraph at the
end thereof:
``(D) The Secretary of the Interior shall, expeditiously
after the expiration of the applicable 30 day period under
subsection (d)(2), issue a permit for the importation of polar
bear parts (other than internal organs) from polar bears taken
in sport hunts in Canada before the date of enactment of the
Marine Mammal Protection Act Amendments of 1994, to each
applicant who submits, with the permit application, proof that
the polar bear was legally harvested in Canada by the
applicant. The Secretary shall issue such permits without
regard to the provisions of subparagraphs (A) and (C)(ii) of
this paragraph, subsection (d)(3) of this section, and sections
101 and 102. This subparagraph shall not apply to polar bear
parts that were imported before the effective date of this
subparagraph.''.
Sec. 5005. (a) Findings.--The Congress finds that--
(1) section 2477 of the Revised Statutes (R.S.
2477) was repealed on October 21, 1976 by the Federal
Land Policy and Management Act (43 U.S.C. 1701 et
seq.);
(2) the Federal Land Policy and Management Act did
not terminate valid rights of way established under
R.S. 2477 prior to its repeal;
(3) the Federal Land Policy and Management Act
included four provisions which explicitly preserved
``valid existing rights'' and made the actions of the
government ``subject to valid existing rights'';
(4) after the repeal of R.S. 2477, disagreement and
confusion has surrounded the existence and extent of
rights of way established under R.S. 2477;
(5) in 1994 the Secretary of the Interior published
proposed regulations for processing claims regarding
R.S. 2477 rights of way;
(6) in 1995 and 1996 the Congress passed, and the
President enacted, three separate pieces of legislation
that prevented the Secretary of the Interior from
finalizing those regulations;
(7) the Omnibus Consolidated Appropriations for
Fiscal Year 1997 (Public Law 104-208) permanently
prohibited the promulgation of final rules or
regulations regarding the recognition, validity, or
management of R.S. 2477 rights of way unless such
regulations were specifically authorized by a
subsequent Act of Congress;
(8) the position of the Clinton Administration on
this issue is reflected in the written policy statement
issued by the Secretary of the Interior in January 1997
regarding R.S. 2477;
(9) western State representatives strongly disagree
with the Administration's policy guidance; and
(10) a process is needed to recommend expeditiously
a legislative mechanism to resolve all outstanding R.S.
2477 claims.
(b) Process.--
(1) Establishment of commission.--
(A) There is established a commission to be
known as the Commission on Section 2477 of the
Revised Statutes (hereinafter referred to in
this section as ``the Commission''). The
Commission shall be composed of 13 members, as
follows:
(i) two officials from Federal land
management agencies, which shall be the
Secretary of the Interior and the
Secretary of Agriculture, or their
designees;
(ii) six Members of Congress (or
their staff designee), of whom two
shall be appointed by the Majority
Leader of the Senate and one by the
Minority Leader of the Senate, and of
whom two shall be appointed by the
Speaker of the House of Representatives
and one by the Minority Leader of the
House of Representatives;
(iii) four State officials with
land management or transportation
development responsibilities, two of
whom shall be from affected western
States with a Republican Governor and
two of whom shall be from affected
western States with a Democratic
Governor, with the four States selected
by mutual agreement between the
President, the Senate Majority Leader,
and the Speaker of the House; and
(iv) a chairman, who shall be a
former member of the Federal judiciary
with experience in property and land
management law, to be selected by
consensus (or failing all reasonable
attempts at consensus, majority vote)
of the other 12 members of the
Commission.
(B) The Commission shall be appointed
within 90 days after the date of enactment of
this section. The Secretary of the Interior
shallprovide any necessary support to the
Commission.
(C) The chairman of the Commission shall
receive compensation at the daily rate of GS-
15, step 7 of the General Schedule, when
engaged in the actual performance of duties for
the Commission, and shall be reimbursed for
actual expenses in the performance of such
duties by the Secretary of the Interior. All
other members of the Commission shall be
reimbursed and compensated as appropriate by
their respective employers and shall not be
considered Federal employees solely because of
their activities on the Commission.
(D) The Commission shall conduct its first
meeting no later than 120 days after the date
of enactment of this section, at which time the
Commission shall select by consensus or
majority vote the chairman. The Secretary of
the Interior shall recommend to Commission
members the names of at least three persons who
meet the requirements of subparagraph (A)(iv)
for consideration at the first meeting. Any
other member of the Commission may also
recommend persons who meet the requirements of
subparagraph (A)(iv) for the consideration of
the members at the first meeting.
(2) Duties of commission.--
(A) The Commission shall recommend changes
to law that should be enacted to provide for an
expeditious resolution of all outstanding
claims of a right of way across Federal lands
established pursuant to section 2477 of the
Revised Statutes (43 U.S.C. 932).
(B) The Commission shall hold a public
hearing in each affected State upon the request
of the Governor of each such State, and shall
consult with the Governor of each affected
State in developing its recommendations. The
Commission may hold such other hearings as it
deems necessary. All hearings conducted by the
Commission shall be open to the public, and
notice of each hearing shall be provided in
media of general circulation within the State
at least 14 days prior to each such hearing.
The Secretary of the Interior shall publish a
public record of each hearing.
(C) The Commission shall make its
recommendations and all decisions by consensus,
or failing all reasonable attempts at
consensus, by majority vote. The Commission
shall keep a record of its discussions. The
Commission may, by majority vote, open its
meetings to the public. If the Commission does
conduct public meetings, it shall provide
public notice of the time and place at least
seven days in advance of each such meeting.
(D) The Commission shall submit its
recommendations to the Secretary of the
Interior by March 1, 1998. Not later than 15
days prior to this date, the Commission shall
provide a draft of its recommendations to the
Governor of each affected State, and shall
include any letters submitted by such Governors
with respect to such recommendations as an
appendix to the Commission's submission to the
Secretary of the Interior.
(3) Review by secretary; submission to congress.--
The Secretary of the Interior shall review and either
approve or disapprove of the Commission's
recommendations in their entirety by March 31, 1998. If
the Secretary of the Interior approves of the
Commission's recommendations, the Secretary shall
submit all of the Commission's recommendations to the
Committee on Energy andNatural Resources of the Senate
and the Committee on Resources of the House of Representatives by April
1, 1998. If the Secretary of the Interior disapproves of the
Commission's recommendations, the Secretary shall state the reasons in
writing for such disapproval and send a copy of such reasons with the
Commission's recommendations to the Congress.
(4) Congressional procedure.--
(A) Introduction.--The Chairman of the
Committee on Energy and Natural Resources of
the Senate and the Chairman of the Committee on
Resources of the House of Representatives (or
their designees) shall introduce the
Commission's recommendations as a bill in their
respective Houses no later than 10 calendar
days after such recommendations are approved
and submitted by the Secretary of the Interior
pursuant to paragraph (3). The provisions of
this paragraph hereinafter set forth shall not
apply to any bill containing the
recommendations of the Commission if the
Secretary of the Interior disapproves the
Commission's recommendations under paragraph
(3).
(B) Consideration in the house.--
(i) Any committee of the House of
Representatives to which a bill
introduced pursuant to subsection (A)
is referred shall report it, with or
without amendment and with or without
recommendation, not later than 60 days
of session after the date of such
referral. If any committee fails to
report the bill within that period, it
is in order to move that the House
discharge the committee from further
consideration of the bill. A motion to
discharge the bill may only be made by
a member favoring the bill (but only at
a time or place designated by the
Speaker in the legislative schedule of
the day after the calendar day on which
the member offering the motion
announces to the House his intention to
do so and the form of the motion). The
motion is highly privileged. Debate
thereon shall be limited to not more
than one hour, the time to be divided
in the House equally between a
proponent and opponent. The previous
question shall be considered as ordered
on the motion to its adoption without
intervening motion. A motion to
reconsider the vote by which the motion
was agreed to or disagreed to shall not
be in order.
(ii) After a bill introduced
pursuant to subparagraph (A) is
reported or a committee has been
discharged from further consideration,
it is in order to move that the House
resolve into the Committee of the Whole
House on the State of the Union for
consideration of the bill. If reported
and the report has been available for
at least one calendar day, all points
of order against the bill and against
consideration of the bill are waived.
If discharged, all points of order
against the bill and against
consideration of the bill are waived.
The motion is highly privileged. A
motion to reconsider the vote by which
the motion was agreed to or disagreed
to shall not be in order. During
consideration of the bill in the
Committee of the Whole, the first
reading of the bill shall be dispensed
with. General debate shall proceed,
shall be confined to the bill, and
shall not exceed four hours equally
divided and controlled by aproponent
and opponent of the bill. The bill shall be considered as read for
amendment under the five-minute rule. Only one motion to rise shall be
in order, except if offered by the manager. Consideration of the bill
for amendment shall not exceed four hours excluding time for recorded
votes and quorum calls. At the conclusion of the consideration of the
bill for amendment, the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and amendments
thereto to final passage without intervening motion. A motion to
reconsider the vote on passage of the bill shall not be in order.
(iii) Appeals from the decision of
the Chair regarding application of the
rules of the House of Representatives
to the procedure relating to a bill
introduced pursuant to subparagraph (A)
shall be decided without debate.
(iv) It shall not be in order to
consider under this subparagraph more
than one bill introduced pursuant to
subparagraph (A) except for
consideration of a Senate bill
introduced pursuant to subparagraph
(A).
(C) Consideration in the senate.--
(i) A bill introduced pursuant to
subparagraph (A) shall be referred to
the appropriate committee or
committees. A committee to which the
bill is referred shall report the bill
not later than 60 days of session after
such referral. If any committee fails
to report the bill within that period,
that committee shall be automatically
discharged from further consideration
of the bill and the bill shall be
placed on the calendar.
(ii) A motion to proceed to
consideration of a bill introduced
pursuant to subparagraph (A) and
reported or automatically discharged
pursuant to subparagraph (C)(i) shall
not be debatable. It shall not be in
order to move to reconsider the vote by
which the motion to proceed was adopted
or rejected, although subsequent
motions to proceed may be made under
this clause.
(iii) After no more than 30 hours
of consideration of a bill introduced
pursuant to subparagraph (A), the
Senate shall proceed, without
intervening action or debate, to vote
on final disposition thereof to the
exclusion of all amendments not then
pending and to the exclusion of all
motions, except a motion to reconsider
or to table. The time for debate on the
bill shall be equally divided between
the Majority Leader and the Minority
Leader or their designees.
(iv) Only relevant amendments to
the bill shall be in order. Debate on
any amendment shall be limited to one
hour, equally divided and controlled by
the Senator proposing the amendment and
the majority manager, unless the
majority manager is in favor of the
amendment, in which case the minority
manager shall be in control of the time
in opposition.
(v) A motion to recommit a bill
introduced pursuant to subparagraph (A)
shall not be in order.
(vi) If the Senate receives a
message from the House on a bill
introduced pursuant to subparagraph
(A), consideration in the Senate of all
motions, amendments, or appeals
necessary to dispose of such message
shall be limited to four hours, equally
divided in the usual form.
(D) Exercise of rulemaking powers.--The
provisions of this paragraph are enacted by the
Congress--
(i) as an exercise of the
rulemaking power of the House of
Representatives and the Senate,
respectively, and as such they shall be
considered as part of the rules of each
House, respectively, or of that House
to which they specifically apply, and
such rules shall supersede other rules
only to the extent they are
inconsistent therewith; and
(ii) with full recognition of the
Constitutional right of either House to
change such rules (so far as to
relating to such House) at any time, in
the same manner, and to the same extent
as in the case of any other rule of
such House.
(5) Applicability of other law.--
(A) No express authorization.--This section
shall not be construed as an express
authorization for any final rule or regulation
under any law.
(B) Federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.
2) shall not apply to the Commission
established by this section.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health education assistance loans program
Public Law 104-208, under the heading ``Health Education
Assistance Loans Program'' is amended by inserting after
``$140,000,000'' the following: ``: Provided further, That the
Secretary may use up to $499,000 derived by transfer from
insurance premiums collected from guaranteed loans made under
Title VII of the Public Health Service Act for the purpose of
carrying out section 709 of that Act''.
Administration for Children and Families
children and families services programs
Public Law 104-208, under the heading titled ``Children and
Families Services Programs'' is amended by inserting after the
reference to ``part B(1) of title IV'' the following: ``and
Section 1110''.
Office of the Secretary
public health and social services emergency fund
For expenses necessary to support high priority health
research, $15,000,000, to remain available until expended:
Provided, That the Secretary shall award such funds on a
competitive basis.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For additional amounts to carry out subpart 2 of part A of
title I of the Elementary and Secondary Education Act of 1965,
$101,133,000, of which $78,362,000 shall be for Basic Grants
and $22,771,000 shall be for Concentration Grants, which shall
be allocated, notwithstanding any other provision of law, only
to those States, and counties within those States, that will
receive, from funds available under the Department of Education
Appropriations Act, 1997, smaller allocations for Grants to
Local Educational Agencies than they would have received had
those allocations been calculated entirely on the basis of
child poverty counts from the 1990 census: Provided, That the
Secretary of Education shall use these additional funds to
provide those States with 50 percent of the difference between
the allocations they would have received had the allocations
under that Appropriations Act been calculated entirely on the
basis of the 1990 census data and the allocations under the
1997 Appropriations Act: Provided further, That if any State's
total allocation under that Appropriations Act and this
paragraph is less than its 1996 allocation for that subpart,
thatState shall receive, under this paragraph, the amount the
State would have received had that allocation been calculated entirely
on the basis of child poverty counts from the 1990 census: Provided
further, That the Secretary shall ratably reduce the allocations to
states under the preceding proviso for either Basic Grants or
Concentration Grants, or both, as the case may be, if the funds
available are insufficient to make those allocations in full: Provided
further, That the Secretary shall allocate, to such counties in each
such State, additional amounts for Basic Grants and Concentration
Grants that are in the same proportion, respectively, to the total
amounts allocated to the State, as the differences between such
counties' initial allocations for Basic Grants and Concentration
Grants, respectively (compared to what they would have received had the
initial allocations been calculated entirely on the basis of 1990
census data), are to the differences between the State's initial
allocations for Basic Grants and Concentration Grants, respectively
(compared to the amounts the State would have received had the initial
allocations been calculated entirely on the basis of 1990 census data):
Provided further, That the funds appropriated under this paragraph
shall become available on July 1, 1997 and shall remain available
through September 30, 1998: Provided further, That the additional
amounts appropriated under this paragraph shall not be taken into
account in determining State allocations under any other program
administered by the Secretary.
RELATED AGENCY
National Commission on the Cost of Higher Education
salaries and expenses
For necessary expenses for the National Commission on the
Cost of Higher Education, $650,000, to remain available until
expended.
GENERAL PROVISIONS, CHAPTER 6
Sec. 6001. Notwithstanding any other provision of law,
fiscal year 1995 funds awarded under State-administered
programs of the Department of Education and funds awarded for
fiscal year 1996 for State-administered programs under the
Rehabilitation Act of the Department of Education to recipients
in Presidentially declared disaster areas, which were declared
as such during fiscal year 1997, are available to those
recipients for obligation until September 30, 1998: Provided,
That for the purposes of assisting those recipients, the
Secretary's waiver authority under section 14401 of the
Elementary and Secondary Education Act of 1965 shall be
extended to all State-administered programs of the Department
of Education. This special waiver authority applies only to
funds awarded for fiscal years 1995, 1996 and 1997.
Sec. 6002. Notwithstanding any other provision of law, the
Secretary of Education may waive or modify any statutory or
regulatory provision applicable to the student financial aid
programs under title IV of the Higher Education Act that the
Secretary deems necessary to assist individuals and other
program participants who suffered financial harm from natural
disasters and who, at the time the disaster struck were
operating, residing at, or attending an institution of higher
education, or employed within these areas on the date which the
President declared the existence of a major disaster (or, in
the case of an individual who is a dependent student, whose
parent or stepparent suffered financial harm from such
disaster, and who resided, or was employed in such an area at
that time): Provided further, That such authority shall be in
effect only for awards for award years 1996-1997 and 1997-1998.
Sec. 6003. None of the funds provided in this Act or in any
other Act making appropriations for fiscal year 1997 may be
used to administer or implement in Denver, Colorado, the
Medicare Competitive Pricing/Open Enrollment Demonstration, as
titled in the April 1, 1997, Final Request for Proposals (RFP).
SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS.
(a) In General.--Notwithstanding any other provision of
law, during the period beginning on April 30, 1997, and ending
on July 30, 1997, the Governors of the States described in
paragraph (1) of subsection (b) may, subject to subsection (c),
use amounts received for the provision of child care assistance
or services under the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9801 et seq.) to provide emergency child
care services to individuals described in paragraph (2) of
subsection (b).
(b) Eligibility.--
(1) Of states.--A State described in this paragraph
is a State in which the President, pursuant to section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), has
determined that a major disaster exists, or that an
area within the State is determined to be eligible for
disaster relief under other Federal law by reason of
damage related to flooding in 1997.
(2) Of individuals.--An individual described in
this subsection is an individual who--
(A) resides within any area in which the
President, pursuant to section 401 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), has
determined that a major disaster exists, or
within an area determined to be eligible for
disaster relief under other Federal law by
reason of damage related to flooding in 1997;
and
(B) is involved in unpaid work activities
(including the cleaning, repair, restoration,
and rebuilding of homes, businesses, and
schools) resulting from the flood emergency
described in subparagraph (A).
(c) Limitations.--
(1) Requirements.--With respect to assistance
provided to individuals under this section, the
quality, certification and licensure, health and
safety, nondiscrimination, and other requirements
applicable under the Federal programs referred to in
subsection (a) shall apply to child care provided or
obtained under this section.
(2) Amount of funds.--The total amount utilized by
each of the States under subsection (a) during the
period referred to in such subsection shall not exceed
the total amount of such assistance that,
notwithstanding the enactment of this section, would
otherwise have been expended by each such State in the
affected region during such period.
(d) Priority.--In making assistance available under this
section, the Governors described in subsection (a) shall give
priority to eligible individuals who do not have access to
income, assets, or resources as a direct result of the flooding
referred to in subsection (b)(2)(A).
extension of ssi redetermination provisions
Sec. 6005. (a) Section 402(a)(2)(D)(i) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1612(a)(2)(D)(i)) is amended--
(1) in subclause (I), by striking ``the date which
is 1 year after such date of enactment,'' and inserting
``September 30, 1997,''; and
(2) in subclause (III), by striking ``the date of
the redetermination with respect to such individual''
and inserting ``September 30, 1997,''.
(b) The amendment made by subsection (a) shall be effective
as if included in the enactment of section 402 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
CHAPTER 7
CONGRESSIONAL OPERATIONS
SENATE
Contingent Expenses of the Senate
secretary of the senate
(transfer of funds)
For an additional amount for expenses of the ``Office of
the Secretary of the Senate'', to carry out the provisions of
section 8 of the Legislative Branch Appropriations Act, 1997,
$5,000,000, to remain available until September 30, 2000, to be
derived by transfer from funds previously appropriated from
fiscal year 1997 funds under the heading ``SENATE'', subject to
the approval of the Committee on Appropriations.
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to Marissa, Sonya, and Frank (III) Tejeda,
children of Frank Tejeda, late a Representative from the State
of Texas, $133,600.
OTHER AGENCY
Botanic Garden
salaries and expenses
For an additional amount for ``Salaries and Expenses,
Botanic Garden'', $33,500,000, to remain available until
expended, for emergency repair and renovation of the
Conservatory.
GENERAL PROVISIONS, CHAPTER 7
Sec. 7001. Section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 61-1(f)) is amended by adding
at the end the following: ``The limitation on the minimum rate
of gross compensation under this subsection shall not apply to
any member or civilian employee of the Capitol Police whose
compensation is disbursed by the Secretary of the Senate.''.
Sec. 7002. (a) Notwithstanding any other provision of law
or regulation, with the approval of the Committee on Rules and
Administration of the Senate, the Sergeant at Arms and
Doorkeeper of the Senate is authorized to provide additional
facilities, services, equipment, and office space for use by a
Senator in that Senator's State in connection with a disaster
or emergency declared by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act. Expenses
incurred by the Sergeant at Arms and Doorkeeper of the Senate
under this section shall be paid from the appropriation
account, within the contingent fund of the Senate, for expenses
of the Office of the Sergeant at Arms and Doorkeeper of the
Senate, upon vouchers signed by the Sergeant at Arms and
Doorkeeper of the Senate with the approval of the Committee on
Rules and Administration of the Senate.
(b) This section is effective on and after the date of
enactment of this Act.
Sec. 7003. (a) Section 2 of Public Law 100-71 (2 U.S.C.
65f) is amended by adding at the end the following: ``(c) Upon
the written request of the Secretary of the Senate, with the
approval of the Committee on Appropriations of the Senate,
there shall be transferred any amount of funds available under
subsection (a) specified in the request, but not to exceed
$10,000 in any fiscal year, from the appropriation account
(within the contingent fund of the Senate) for expenses of the
Office of the Secretary of the Senate to the appropriation
account for the expense allowance of the Secretary of the
Senate. Any funds so transferred shall be available in like
manner and for the same purposes as are other funds in the
account to which the funds are transferred.''.
(b) The amendment made by subsection (a) shall be effective
with respect to appropriations for fiscal years beginning on or
after October 1, 1996.
Sec. 7004. The Comptroller General may use available funds,
now and hereafter, to enter into contracts for the acquisition
of severable services for a period that begins in one fiscal
year and ends in the next fiscal year and to enter in multiyear
contracts for the acquisition of property and nonaudit-related
services, to the same extent as executive agencies under the
authority of sections 303L and 304B, respectively, of the
Federal Property and Administrative Services Act (41 U.S.C.
sec. 253l and 254c).
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'',
$1,600,000, for necessary expenses directly related to support
activities in the TWA Flight 800 crash investigation, to remain
available until expended.
retired pay
For an additional amount for ``Retired Pay'', $9,200,000.
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 right-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 facilitiesowned by passenger railroads, or by
tourist, scenic, or historic railroads are not eligible for funding
under this head: Provided further, That these funds shall be available
only to the extent an official budget request, for a specific dollar
amount, that includes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That all funds made
available under this head are to remain available until September 30,
1997.
RELATED AGENCY
National Transportation Safety Board
salaries and expenses
For an additional amount for ``Salaries and Expenses'', for
emergency expenses resulting from the crashes of TWA Flight
800, ValuJet Flight 592, and Comair Flight 3272, and for
assistance to families of victims of aviation accidents as
authorized by Public Law 104-264, $29,859,000, of which
$4,877,000 shall remain available until expended: Provided,
That these funds shall be available only to the extent an
official budget request, for a specific dollar amount, that
includes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That notwithstanding any other provision of law, not
more than $10,330,000 shall be provided by the National
Transportation Safety Board to the Department of the Navy as
reimbursement for costs incurred in connection with recovery of
wreckage from TWA Flight 800 and shall be credited to the
appropriation contained in the Omnibus Consolidated
Appropriations Act, 1997, which is available for the same
purpose as the appropriation originally charged for the expense
for which the reimbursements are received, to be merged with,
and to be available for the same purpose as the appropriation
to which such reimbursements are credited: Provided further,
That notwithstanding any other provision of law, of the amount
provided to the National Transportation Safety Board, not more
than $6,059,000 shall be made available to theState of New York
and local counties in New York, as reimbursement for costs incurred in
connection with the crash of TWA Flight 800: Provided further, That
notwithstanding any other provision of law, of the amount provided, not
more than $3,100,000 shall be made available to Metropolitan Dade
County, Florida as reimbursement for costs incurred in connection with
the crash of ValuJet Flight 592: Provided further, That notwithstanding
any other provision of law, of the amount provided, not more than
$300,000 shall be made available to Monroe County, Michigan as
reimbursement for costs incurred in connection with the crash of Comair
Flight 3272.
GENERAL PROVISIONS, CHAPTER 8
Sec. 8001. Title I of the Department of Transportation and
Related Agencies Appropriations Act, 1997 (Public Law 104-205)
is amended under the heading ``Federal Transit Administration--
Discretionary Grants'' by striking ``$661,000,000'' and
inserting ``$661,000''.
Sec. 8002. Section 325 of Title III of the Department of
Transportation and Related Agencies Appropriations Act, 1997
(Public Law 104-205) is amended by deleting all text following:
``Provided, That such funds shall not be subject to the
obligation limitation for Federal-aid highways and highway
safety construction.''.
Sec. 8003. Section 410(j) of title 23, United States Code,
is amended by striking the period after ``1997'' and inserting
``, and an additional $500,000 for fiscal year 1997.''.
Sec. 8004. Section 30308(a) of title 49, United States
Code, is amended by striking ``and 1996'' and inserting ``,
1996, and 1997''.
CHAPTER 9
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For an additional amount under the heading ``Departmental
Offices, Salaries and Expenses'', $1,950,000: Provided, That
the Secretary of Treasury may utilize the law enforcement
services, personnel, equipment, and facilities of the State of
Colorado, the County of Denver, and the City of Denver, with
their consent, and shall reimburse the State of Colorado, the
County of Denver, and the City of Denver for the utilization of
such law enforcement services, personnel (for salaries,
overtime, and benefits), equipment, and facilities for security
arrangements for the Denver Summit of Eight being held June 20
through June 22, 1997, in Denver, Colorado subject to
verification of appropriate costs.
COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT
DEPARTMENT OF THE TREASURY
United States Customs Service
salaries and expenses
Of the funds made available under this heading in Public
Law 104-208, $16,000,000 shall be available until September 30,
1998 to develop further the Automated Targeting System.
U.S. POSTAL SERVICE
Payment to the Postal Service Fund
For an additional amount for the Postal Service Fund for
revenue forgone on free and reduced rate mail, pursuant to
subsection (d) of section 2401 of title 39, United States Code,
$5,383,000.
GENERAL PROVISIONS, CHAPTER 9
Sec. 9001. The Administrator of General Services is
authorized to obligate the funds appropriated in Public Law
104-208 for construction of the Montgomery, Alabama courthouse.
Sec. 9002. None of the funds appropriated or made available
in this Act or any other Act may be used by the General
Services Administration to implement Section 1555 of the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-
355) prior to the date of adjournment of the first session of
the 105th Congress.
Sec. 9003. (a) The Bureau of Engraving and Printing and the
Department of the Treasury shall not award a contract for
Solicitation No. BEP-97-13(TN) or Solicitation No. BEP-96-
13(TN) until the General Accounting Office (GAO) has completed
a comprehensive analysis of the optimum circumstances for
government procurement of distinctive currency paper. The GAO
shall report its findings to the House and Senate Committees on
Appropriations no later than August 1, 1998.
(b) The contractual term of the distinctive currency paper
``bridge'' contract shall not exceed 24 months, and the
contract shall not be effective until the Secretary of the
Department of the Treasury certifies that the price under the
terms of any ``bridge'' contract is fair and reasonable and
that the terms of any ``bridge'' contract are customary and
appropriate according to Federal procurement regulations. In
addition, the Secretary of the Treasury shall report to the
Committees on Appropriations on the price and profit levels of
any ``bridge'' contract at the time of certification.
Sec. 9004. (a) Chapter 63 of title 5, United States Code,
is amended by adding after subchapter V the following:
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``Sec. 6391. Authority for leave transfer program in disasters and
emergencies
``(a) For the purpose of this section--
``(1) `employee' means an employee as defined in
section 6331(1); and
``(2) `agency' means an Executive agency.
``(b) In the event of a major disaster or emergency, as
declared by the President, that results in severe adverse
effects for a substantial number of employees, the President
may direct the Office of Personnel Management to establish an
emergency leave transfer program under which any employee in
any agency may donate unused annual leave for transfer to
employees of the same or other agencies who are adversely
affected by such disaster or emergency.
``(c) The Office shall establish appropriate requirements
for the operation of the emergency leave transfer program under
subsection (b), including appropriate limitations on the
donation and use of annual leave under the program. An employee
may receive and use leave under the program without regard to
any requirement that any annual leave and sick leave to a leave
recipient's credit must be exhausted before any transferred
annual leave may be used.
``(d) A leave bank established under subchapter IV may, to
the extent provided in regulations prescribed by the Office,
donate annual leave to the emergency leave transfer program
established under subsection (b).
``(e) Except to the extent that the Office may prescribe by
regulation, nothing in section 7351 shall apply to any
solicitation, donation, or acceptance of leave under this
section.
``(f) The Office shall prescribe regulations necessary for
the administration of this section.''.
(b) The analysis for chapter 63 of title 5, United States
Code, is amended by adding at the end the following:
``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
``6391. Authority for leave transfer program in disasters and
emergencies.''.
CHAPTER 10
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
For an additional amount for ``Compensation and pensions'',
$928,000,000, to remain available until expended.
Administrative Provision
The Secretary of Veterans Affairs may carry out the
construction of a multi-story parking garage at the Department
of Veterans Affairs medical center in Cleveland, Ohio, in the
amount of $12,300,000, and there is authorized to be
appropriated for fiscal year 1997 for the Parking Revolving
Fund account, a total of $12,300,000 for this project.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
Notwithstanding any other provision of law, of the
$1,000,000 appropriated for special purpose grants in Public
Law 102-139, for a parking garage in Ashland, Kentucky,
$500,000 shall be made available instead for use in acquiring
parking in Ashland, Kentucky and $500,000 shall be made
available instead for the restoration of the Paramount Theater
in Ashland, Kentucky.
preserving existing housing investment
For an additional amount for ``Preserving existing housing
investment'', to be made available for use in conjunction with
properties that are eligible for assistance under the Low-
Income Housing Preservation and Resident Homeownership Act of
1990 or the Emergency Low Income Housing Preservation Act of
1987, $3,500,000, to remain available until expended: Provided,
That up to such amount shall be for a project in Syracuse, New
York, the processing for which was suspended, deferred or
interrupted for a period of nine months or more because of
differing interpretations, by the Secretary of Housing and
Urban Development and an owner, concerning the timing of the
ability of an uninsured section 236 property to prepay, or by
the Secretary and a State rent regulatory agency concerning the
effect of a presumptively applicable State rent control law or
regulation on the determination of preservation value under
section 213 of such Act, if the owner of such project filed a
notice of intent to extend the low-income affordability
restrictions of the housing on or before August 23, 1993, and
the Secretary approved the plan of action on or before July 25,
1996.
capacity building for community development and affordable housing
(transfer of funds)
For ``Capacity building for community development and
affordable housing'', as authorized by section 4 of the HUD
Demonstration Act of 1993 (Public Law 103-120), $30,200,000, to
remain available until expended, and to be derived by transfer
from the Homeownership and Opportunity for People Everywhere
Grants account: Provided, That at least $10,000,000 of the
funding under this head be used in rural areas, including
tribal areas.
Community Planning and Development
community development block grants fund
For an additional amount for ``Community development block
grants fund'', as authorized under title I of the Housing and
Community Development Act of 1974, $500,000,000, of which
$250,000,000 shall become available for obligation on October
1, 1997, all of which shall remain available until September
30, 2000, for use only for buyouts, relocation, long-term
recovery, and mitigation in communities affected by the
flooding in the upper Midwest and other disasters in fiscal
year 1997 and such natural disasters designated 30 days prior
to the start of fiscal year 1997, except those activities
reimbursable or for which funds are made available by the
Federal Emergency Management Agency, the Small Business
Administration, or the Army Corps of Engineers: Provided, That
in administering these amounts, the Secretary may waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by
the recipient of these funds, except for statutory requirements
related to civil rights, fair housing and nondiscrimination,
the environment, and labor standards, upon a finding that such
waiver is required to facilitate the use of such funds, and
would not be inconsistent with the overall purpose of the
statute: Provided further, That the Secretary of Housing and
Urban Development shall publish a notice in the Federal
Register governing the use of community development block
grants funds in conjunction with any program administered by
the Director of the Federal Emergency Management Agency for
buyouts for structures in disaster areas: Provided further,
That for any funds under this head used for buyouts in
conjunction with any program administered by the Director of
the Federal Emergency Management Agency, each state or unit of
general local government requesting funds from the Secretary of
Housing and Urban Development for buyouts shall submit a plan
to the Secretary which must be approved by the Secretary as
consistent with the requirements of this program: Provided
further, That the Secretary of Housing and Urban Development
and the Director of the Federal Emergency Management Agency
shall submit quarterly reports to the House and Senate
Committees on Appropriations on all disbursements and uses of
funds for or associated with buyouts: Provided further, That
for purposes of disasters eligible under this head the
Secretary of Housing and Urban Development may waive, on a
case-by-case basis and upon such other terms as the Secretary
may specify, in whole or in part, the requirements that
activities benefit persons of low- and moderate-income pursuant
to section 122 of the Housing and Community Development Act of
1974, and may waive, in whole or in part, the requirements that
housing qualify as affordable housing pursuant to section 290
of the HOME Investment Partnerships Act: Provided further, That
the entire amount shall be available only to the extent an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined by the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Management and Administration
salaries and expenses
Of the funds appropriated under this head in Public Law
104-204, the Secretary of Housing and Urban Development shall
enter into a contract with the National Academy of Public
Administration not to exceed $1,000,000 no later than one month
after enactment of this Act for an evaluation of the Department
of Housing and Urban Development's management systems.
INDEPENDENT AGENCIES
Environmental Protection Agency
buildings and facilities
From the amounts appropriated under this heading in prior
appropriation Acts for the Center for Ecology Research and
Training (CERT), the Environmental Protection Agency (EPA)
shall, after the closing of the period for filing CERT-related
claims pursuant to the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.), obligate the maximum amount of funds necessary to settle
all outstanding CERT-related claims against the EPA pursuant to
such Act. To the extent that unobligated balances then remain
from such amounts previously appropriated, the EPA is
authorized beginning in fiscal year 1997 to make grants to the
City of Bay City, Michigan, for the purpose of EPA-approved
environmental remediation and rehabilitation of publicly owned
real property included in the boundaries of the CERT project.
state and tribal assistance grants
The funds appropriated in Public Law 104-204 to the
Environmental Protection Agency under this heading for grants
to States and federally recognized tribes for multi-media or
single media pollution prevention, control, and abatement and
related activities, $674,207,000, may also be used for the
direct implementation by the Federal Government of a program
required by law in the absence of an acceptable State or tribal
program.
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster relief'',
$3,300,000,000, to remain available until expended: Provided,
That $2,300,000,000 shall become available for obligation on
September 30, 1997, but shall not become available until the
Director of the Federal Emergency Management Agency submits to
the Congress a legislative proposal to control disaster relief
expenditures including the elimination of funding for certain
revenue producing facilities: Provided further, That of the
funds made available under this heading, up to $20,000,000may
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 year1996 and not more than an additional
7,500 units during fiscal year 1997''.
Sec. 10004. Section 4(a) and (b)(3) of the HUD
Demonstration Act of 1993 is amended by inserting after
``National Community Development Initiative'': ``, Local
Initiatives Support Corporation, The Enterprise Foundation,
Habitat for Humanity, and Youthbuild USA''.
Sec. 10005. Section 234(c) of the National Housing Act is
amended by inserting after ``203(b)(2)'' the following: ``or
pursuant to section 203(h) under the conditions described in
section 203(h)''.
Sec. 10006. Section 211(b)(4)(B) of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1997 (Public Law 104-
204) is amended by inserting the following at the end: ``The
term `owner', as used in this subparagraph, in addition to it
having the same meaning as in section 8(f) of the United States
Housing Act of 1937, also means an affiliate of the owner. The
term `affiliate of the owner' means any person or entity
(including, but not limited to, a general partner or managing
member, or an officer of either) that controls an owner, is
controlled by an owner, or is under common control with the
owner. The term `control' means the direct or indirect power
(under contract, equity ownership, the right to vote or
determine a vote, or otherwise) to direct the financial, legal,
beneficial, or other interests of the owner.''.
CHAPTER 11
OFFSETS AND RESCISSIONS
DEPARTMENT OF AGRICULTURE
Office of the Secretary
fund for rural america
Of the funds provided on January 1, 1997 for section 793 of
Public Law 104-127, Fund for Rural America, not more than
$80,000,000 shall be available.
Food and Consumer Service
the emergency food assistance program
Notwithstanding section 27(a) of the Food Stamp Act, the
amount specified for allocation under such section for fiscal
year 1997 shall be $80,000,000.
Foreign Agricultural Service and General Sales Manager
export credit
None of the funds made available in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1997, Public Law 104-180, may be used to
pay the salaries and expenses of personnel to carry out a
combined program for export credit guarantees, supplier credit
guarantees, and emerging democracies facilities guarantees at a
level which exceeds $3,500,000,000.
export enhancement program
None of the funds appropriated or otherwise made available
in Public Law 104-180 shall be used to pay the salaries and
expenses of personnel to carry out an export enhancement
program if the aggregate amount of funds and/or commodities
under such program exceeds $10,000,000.
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading,
$6,400,000 are rescinded.
Legal Activities
assets forfeiture fund
(rescission)
Of the amounts made available to the Attorney General on
October 1, 1996, from surplus balances declared in prior years
pursuant to 28 U.S.C. 524(c), authority to obligate $3,000,000
of such funds in fiscal year 1997 is rescinded.
Immigration and Naturalization Service
construction
(rescission)
Of the unobligated balances under this heading from amounts
made available in Public Law 103-317, $1,000,000 are rescinded.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
(rescission)
Of the unobligated balances available under this heading
for the Advanced Technology Program, $7,000,000 are rescinded.
RELATED AGENCIES
Federal Communications Commission
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$1,000,000 are rescinded.
Ounce of Prevention Council
(rescission)
Of the amounts made available under this heading in Public
Law 104-208, $1,000,000 are rescinded.
DEPARTMENT OF ENERGY
Energy Programs
energy supply, research and development activities
(rescission)
Of the funds made available under this heading in Public
Law 104-206 and prior years' Energy and Water Development
Appropriations Acts, $11,180,000 are rescinded.
Power Marketing Administrations
construction, rehabilitation, operation and maintenance, western area
power administration
(rescission)
Of the funds made available under this heading in Public
Law 104-206 and prior years' Energy and Water Development
Appropriations Acts, $11,352,000 are rescinded.
Clean Coal Technology
(rescission)
Of the funds made available under this heading for
obligation in fiscal year 1997 or prior years, $17,000,000 are
rescinded: Provided, That funds made available in previous
appropriations Acts shall be available for any ongoing project
regardless of the separate request for proposal under which the
project was selected.
Strategic Petroleum Reserve
(rescission)
Of the funds made available under this heading in previous
appropriations Acts, $11,000,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
job opportunities and basic skills
(rescission)
Of the funds made available under this heading in Public
Law 104-208, there is rescinded an amount equal to the total of
the funds within each State's limitation for fiscal year 1997
that are not necessary to pay such State's allowable claims for
such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as in
effect on October 1, 1996) is amended by adding after the ``,''
the following: ``reduced by an amount equal to the total of
those funds that are within each State's limitation for fiscal
year 1997 that are not necessary to pay such State's allowable
claims for such fiscal year (except that such amount for such
year shall be deemed to be $1,000,000,000 for the purpose of
determining theamount 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 ReservePreservation Account'' for use in
extending section 8 contracts expiring in fiscal year 1998 and
thereafter: Provided further, That the Secretary may recapture less
than $5,800,000,000 and reserve less than $2,150,000,000 where the
Secretary determines that insufficient section 8 funds are available
for current fiscal year contract obligations: Provided further, That
the Comptroller General of the United States shall conduct an audit of
all accounts of the Department of Housing and Urban Development to
determine whether the Department's systems for budgeting and accounting
for section 8 rental assistance ensure that unexpended funds do not
reach unreasonable levels and that obligations are spent in a timely
manner.
INDEPENDENT AGENCY
National Aeronautics and Space Administration
national aeronautics facilities
(rescission)
Of the funds made available under this heading in Public
Law 103-327, $365,000,000 are rescinded.
funds appropriated to the president
unanticipated needs
(rescission)
Of the funds made available under this heading in Public
Law 103-211 to NASA for ``Space flight, control, and data
communications'', $4,200,000 are rescinded.
TITLE III
GENERAL PROVISIONS--THIS ACT
Sec. 30001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
buy-american requirements
Sec. 30002. (a) Compliance With Buy American Act.--None of
the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and
products.--In the case of any equipment or product that
may be authorized to be purchased with financial
assistance provided using funds made available in this
Act, it is the sense of the Congress that entities
receiving the assistance should, in expending the
assistance, purchase only American-made equipment and
products.
(2) Notice to recipients of assistance.--In
providing financial assistance using funds made
available in this Act, the head of each Federal agency
shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1)
by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or
any inscription with the same meaning, to any product sold in
or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 30003. The Office of Management and Budget is
directed to work with federal agencies, as appropriate, to
support the extension and revision of federal grants, contracts
and cooperative agreements at universities affected by flooding
in designated federal disaster areas where work on such grants,
contracts, and cooperative agreements was suspended as a result
of the flood disaster.
TITLE IV--COST OF HIGHER EDUCATION REVIEW
SEC. 40001. SHORT TITLE; FINDINGS.
(a) Short Title.--This title may be cited as the ``Cost of
Higher Education Review Act of 1997''.
(b) Findings.--The Congress finds the following:
(1) According to a report issued by the General
Accounting Office, tuition at 4-year public colleges
and universities increased 234 percent from school year
1980-1981 through school year 1994-1995, while median
household income rose 82 percent and the cost of
consumer goods as measured by the Consumer Price Index
rose 74 percent over the same time period.
(2) A 1995 survey of college freshmen found that
concern about college affordability was the highest it
has been in the last 30 years.
(3) Paying for a college education now ranks as one
of the most costly investments for American families.
SEC. 40002. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST OF HIGHER
EDUCATION.
There is established a Commission to be known as the
``National Commission on the Cost of Higher Education''
(hereafter in this title referred to as the ``Commission'').
SEC. 40003. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of 11
members as follows:
(1) Three individuals shall be appointed by the
Speaker of the House.
(2) Two individuals shall be appointed by the
Minority Leader of the House.
(3) Three individuals shall be appointed by the
Majority Leader of the Senate.
(4) Two individuals shall be appointed by the
Minority Leader of the Senate.
(5) One individual shall be appointed by the
Secretary of Education.
(b) Additional Qualifications.--Each of the individuals
appointed under subsection (a) shall be an individual with
expertise and experience in higher education finance (including
the financing of State institutions of higher education),
Federal financial aid programs, education economics research,
public or private higher education administration, or business
executives who have managed successful cost reduction programs.
(c) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a Chairman anda 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 dateof the
first meeting of the Commission, a report which shall contain a
detailed statement of the findings and conclusions of the Commission,
including the Commission's recommendations for administrative and
legislative action that the Commission considers advisable.
(2) Majority vote required for recommendations.--
Any recommendation described in paragraph (1) shall be
made by the Commission to the President and to the
Congress only if such recommendation is adopted by a
majority vote of the members of the Commission who are
present and voting.
(3) Evaluation of different circumstances.--In
making any findings under subsection (a) of this
section, the Commission shall take into account
differences between public and private colleges and
universities, the length of the academic program, the
size of the institution's student population, and the
availability of the institution's resources, including
the size of the institution's endowment.
SEC. 40005. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of
carrying out this title, hold such hearings and sit and act at
such times and places, as the Commission may find advisable.
(b) Rules and Regulations.--The Commission may adopt such
rules and regulations as may be necessary to establish the
Commission's procedures and to govern the manner of the
Commission's operations, organization, and personnel.
(c) Assistance From Federal Agencies.--
(1) Information.--The Commission may request from
the head of any Federal agency or instrumentality such
information as the Commission may require for the
purpose of this title. Each such agency or
instrumentality shall, to the extent permitted by law
and subject to the exceptions set forth in section 552
of title 5, United States Code (commonly referred to as
the Freedom of Information Act), furnish such
information to the Commission, upon request made by the
Chairperson of the Commission.
(2) Facilities and services, personnel detail
authorized.--Upon request of the Chairperson of the
Commission, the head of any Federal agency or
instrumentality shall, to the extent possible and
subject to the discretion of such head--
(A) make any of the facilities and services
of such agency or instrumentality available to
the Commission; and
(B) detail any of the personnel of such
agency or instrumentality to the Commission, on
a nonreimbursable basis, to assist the
Commission in carrying out the Commission's
duties under this title.
(d) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
Federal agencies.
(e) Contracting.--The Commission, to such extent and in
such amounts as are provided in appropriation Acts, may enter
into contracts with State agencies, private firms,
institutions, and individuals for the purpose of conducting
research or surveys necessary to enable the Commission to
discharge the Commission's duties under this title.
(f) Staff.--Subject to such rules and regulations as may be
adopted by the Commission, and to such extent and in such
amounts as are provided in appropriation Acts, the Chairperson
of the Commission shall have the power to appoint, terminate,
and fix the compensation (without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title, or
of any other provision, or of any other provision of law,
relating to the number, classification, and General Schedule
rates) of an Executive Director, and of such additional staff
as the Chairperson deems advisable to assist the Commission, at
rates not to exceed a rate equal to the maximum rate for level
IV of the Executive Schedule under section 5332 of such title.
SEC. 40006. FUNDING OF COMMISSION.
There is authorized to be appropriated for fiscal year 1997
for carrying out this title, $650,000, to remain available
until expended, or until one year after the termination of the
Commission pursuant to section 40007, whichever occurs first.
SEC. 40007. TERMINATION OF COMMISSION.
The Commission shall cease to exist on the date that is 60
days after the date on which the Commission is required to
submit its final report in accordance with section 40004(b).
TITLE V--DEPOSITORY INSTITUTION DISASTER RELIEF
SEC. 50001. SHORT TITLE.
This title may be cited as the ``Depository Institutions
Disaster Relief Act of 1997''.
SEC. 50002. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT.
(a) Truth in Lending Act.--During the 240-day period
beginning on the date of enactment of this Act, the Board of
Governors of the Federal Reserve System may make exceptions to
the Truth in Lending Act for transactions within an area in
which the President, pursuant to section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, has
determined, on or after February 28, 1997, that a major
disaster exists, or within an area determined to be eligible
for disaster relief under other Federal law by reason of damage
related to the 1997 flooding of the Red River of the North, the
Minnesota River, and the tributaries of such rivers, if the
Board determines that the exception can reasonably be expected
to alleviate hardships to the public resulting from such
disaster that outweigh possible adverse effects.
(b) Expedited Funds Availability Act.--During the 240-day
period beginning on the date of enactment of this Act, the
Board of Governors of the Federal Reserve System may make
exceptions to the Expedited Funds Availability Act for
depository institution offices located within any area referred
to in subsection (a) of this section if the Board determines
that the exception can reasonably be expected to alleviate
hardships to the public resulting from such disaster that
outweigh possible adverse effects.
(c) Time Limit on Exceptions.--Any exception made under
this section shall expire not later than September 1, 1998.
(d) Publication Required.--The Board of Governors of the
Federal Reserve System shall publish in the Federal Register a
statement that--
(1) describes any exception made under this
section; and
(2) explains how the exception can reasonably be
expected to produce benefits to the public that
outweigh possible adverse effects.
SEC. 50003. DEPOSIT OF INSURANCE PROCEEDS.
(a) In General.--The appropriate Federal banking agency
may, by order, permit an insured depository institution to
subtract from the institution's total assets, in calculating
compliance with the leverage limit prescribed under section 38
of the Federal Deposit Insurance Act, an amount not exceeding
the qualifying amount attributable to insurance proceeds, if
the agency determines that--
(1) the institution--
(A) had its principal place of business
within an area in which the President, pursuant
to section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act,
has determined, on or after February 28, 1997,
that a major disaster exists, or within an area
determined to be eligible for disaster relief
under other Federal law by reason of damage
related to the 1997 flooding of the Red River
of the North, the Minnesota River, and the
tributaries of such rivers, on the day before
the date of any such determination;
(B) derives more than 60 percent of its
total deposits from persons who normally reside
within, or whose principal place of business is
normally within, areas of intense devastation
caused by the major disaster;
(C) was adequately capitalized (as defined
in section 38 of the Federal Deposit Insurance
Act) before the major disaster; and
(D) has an acceptable plan for managing the
increase in its total assets and total
deposits; and
(2) the subtraction is consistent with the purpose
of section 38 of the Federal Deposit Insurance Act.
(b) Time Limit on Exceptions.--Any exception made under
this section shall expire not later than February 28, 1999.
(c) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same
meaning as in section 3 of the Federal Deposit
Insurance Act.
(2) Insured depository institution.--The term
``insured depository institution'' has the same meaning
as in section 3 of the Federal Deposit Insurance Act.
(3) Leverage limit.--The term ``leverage limit''
has the same meaning as in section 38 of the Federal
Deposit Insurance Act.
(4) Qualifying amount attributable to insurance
proceeds.--The term ``qualifying amount attributable to
insurance proceeds'' means the amount (if any) by which
the institution's total assets exceed the institution's
average total assets during the calendar quarter ending
before the date of any determination referred to in
subsection (a)(1)(A), because of the deposit of
insurance payments or governmental assistance made with
respect to damage caused by, or other costs resulting
from, the major disaster.
SEC. 50004. BANKING AGENCY PUBLICATION REQUIREMENTS.
(a) In General.--A qualifying regulatory agency may take
any of the following actions with respect to depository
institutions or other regulated entities whose principal place
of business is within, or with respect to transactions or
activities within, an area in which the President, pursuant to
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, has determined, on or after February
28, 1997, that a major disaster exists, or within an area
determined to be eligible for disaster relief under other
Federal law by reason of damage related to the 1997 flooding of
the Red River of the North, the Minnesota River, and the
tributaries of such rivers, if the agency determines that the
action would facilitate recovery from the major disaster:
(1) Procedure.--Exercising the agency's authority
under provisions of law other than this section without
complying with--
(A) any requirement of section 553 of title
5, United States Code; or
(B) any provision of law that requires
notice or opportunity for hearing or sets
maximum or minimum time limits with respect to
agency action.
(2) Publication requirements.--Making exceptions,
with respect to institutions or other entities for
which the agency is the primary Federal regulator, to--
(A) any publication requirement with
respect to establishing branches or other
deposit-taking facilities; or
(B) any similar publication requirement.
(b) Publication Required.--A qualifying regulatory agency
shall publish in the Federal Register a statement that--
(1) describes any action taken under this section;
and
(2) explains the need for the action.
(c) Qualifying Regulatory Agency Defined.--For purposes of
this section, the term ``qualifying regulatory agency'' means--
(1) the Board of Governors of the Federal Reserve
System;
(2) the Comptroller of the Currency;
(3) the Director of the Office of Thrift
Supervision;
(4) the Federal Deposit Insurance Corporation;
(5) the Financial Institutions Examination Council;
(6) the National Credit Union Administration; and
(7) with respect to chapter 53 of title 31, United
States Code, the Secretary of the Treasury.
(d) Expiration.--Any exception made under this section
shall expire not later than February 28, 1998.
SEC. 50005. SENSE OF THE CONGRESS.
(a) Financial Services.--It is the sense of the Congress
that the Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Director of the Office of
Thrift Supervision, the Federal Deposit Insurance Corporation,
and the National Credit Union Administration should encourage
depository institutions to meet the financial services needs of
their communities and customers located in areas affected by
the 1997 flooding of the Red River of the North, the Minnesota
River, and the tributaries of such rivers.
(b) Appraisal Standards.--It is the sense of the Congress
that each Federal financial institutions regulatory agency
should, by regulation or order, make exceptions to the
appraisal standards prescribed by title XI of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 3331 et seq.) for transactions involving institutions
for which the agency is the primary Federal regulator with
respect to real property located within a disaster area
pursuant to section 1123 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3352), if the
agency determines that the exceptions can reasonably be
expected to alleviate hardships to the public resulting from
such disaster that outweigh possible adverse effects.
SEC. 50006. OTHER AUTHORITY NOT AFFECTED.
No provision of this title shall be construed as limiting
the authority of any department or agency under any other
provision of law.
TITLE VI--TECHNICAL AMENDMENTS WITH RESPECT TO EDUCATION
SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES REQUIRED WITH
RESPECT TO GRADUATION RATES.
(a) Amendments.--Section 485 of the Higher Education Act of
1965 (20 U.S.C. 1092) is amended--
(1) in subsection (a)(3)(B), by striking ``June
30'' and inserting ``August 31''; and
(2) in subsection (e)(9), by striking ``August 30''
and inserting ``August 31''.
(b) Effective Dates.--
(1) In General.--Except as provided in paragraph
(2), the amendments made by subsection (a) are
effective upon enactment.
(2) Information dissemination.--No institution
shall be required to comply with the amendment made by
subsection (a)(1) before July 1, 1998.
SEC. 60002. DATE EXTENSION.
Section 1501(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6491(a)(4)) is amended by
striking ``January 1, 1998'' and inserting ``January 1, 1999''.
SEC. 60003. TIMELY FILING OF NOTICE.
Notwithstanding any other provision of law, the Secretary
of Education shall deem Kansas and New Mexico to have timely
submitted under section 8009(c)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7709(c)(1)) the
States' written notices of intent to consider payments
described in section 8009(b)(1) of the Act (20 U.S.C.
7709(b)(1)) in providing State aid to local educational
agencies for school year 1997-1998, except that the Secretary
may require the States to submit such additional information as
the Secretary may require, which information shall be
considered part of the notices.
SEC. 60004. HOLD HARMLESS PAYMENTS.
Section 8002(h)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(h)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after
the semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) for fiscal year 1997 and each
succeeding fiscal year through fiscal year 2000
shall not be less than 85 percent of the amount
such agency received for fiscal year 1996 under
subsection (b).''.
SEC. 60005. DATA.
(a) In General.--Section 8003(f)(4) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(4)) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``expenditure,'' after
``revenue,''; and
(B) by striking the semicolon and inserting
a period;
(2) by striking ``the Secretary'' and all that
follows through ``shall use'' and inserting ``the
Secretary shall use''; and
(3) by striking subparagraph (B).
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to fiscal years after fiscal year
1997.
SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7702(i)) is amended to read as follows:
``(i) Priority Payments.--
``(1) In general.--Notwithstanding subsection
(b)(1)(B), and for any fiscal year beginning with
fiscal year 1997 for which the amount appropriated to
carry out this section exceeds the amount so
appropriated for fiscal year 1996--
``(A) the Secretary shall first use the
excess amount (not to exceed the amount equal
to the difference of (i) the amount
appropriated to carry out this section for
fiscal year 1997, and (ii) the amount
appropriated to carry out this section for
fiscal year 1996) to increase the payment that
would otherwise be made under this section to
not more than 50 percent of the maximum amount
determined under subsection (b) for any local
educational agency described in paragraph (2);
and
``(B) the Secretary shall use the remainder
of the excess amount to increase the payments
to each eligible local educational agency under
this section.
``(2) Local educational agency described.--A local
educational agency described in this paragraph is a
local educational agency that--
``(A) received a payment under this section
for fiscal year 1996;
``(B) serves a school district that
contains all or a portion of a United States
military academy;
``(C) serves a school district in which the
local tax assessor has certified that at least
60 percent of the real property is federally
owned; and
``(D) demonstrates to the satisfaction of
the Secretary that such agency's per-pupil
revenue derived from local sources for current
expenditures is not less than that revenue for
the preceding fiscal year.''.
SEC. 60007. TIMELY FILING UNDER SECTION 8003.
The Secretary of Education shall treat as timely filed, and
shall process for payment, an amendment to an application for a
fiscal year 1997 payment from a local educational agency under
section 8003 of the Elementary and Secondary Education Act of
1965 if--
(1) that agency is described in subsection (a)(3)
of that section, as amended by section 376 of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201);
(2) that agency was not described in that
subsection prior to that amendment; and
(3) the Secretary received the amendment to the
agency's application prior to the enactment of this
Act.
TITLE VII--FOOD STAMP PROGRAM
State Option To Issue Food Stamp Benefits to Certain Individuals Made
Ineligible by Welfare Reform
(a) In General.--Section 7 of the Food Stamp Act of 1977 (7
U.S.C. 2016) is amended--
(1) in subsection (a), by inserting after
``necessary, and'' the following: ``(except as provided
in subsection (j))''; and
(2) by adding at the end the following:
``(j) State Option to Issue Benefits to Certain Individuals
Made Ineligible by Welfare Reform.--
``(1) In general.--Notwithstanding any other
provision of law, a State agency may, with the approval
of the Secretary, issue benefits under this Act to an
individual who is ineligible to participate in the food
stamp program solely as a result of section 6(o)(2) of
this Act or section 402 or 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1612 or 1613).
``(2) State payments to secretary.--
``(A) In general.--Not later than the date
the State agency issues benefits to individuals
under this subsection, the State agency shall
pay the Secretary, in accordance with
procedures established by the Secretary, an
amount that is equal to--
``(i) the value of the benefits;
and
``(ii) the costs of printing,
shipping, and redeeming coupons, and
other Federal costs, incurred in
providing the benefits, as determined
by the Secretary.
``(B) Crediting.--Notwithstanding section
3302(b) of title 31, United States Code,
payments received under subparagraph (A) shall
be credited to the food stamp program
appropriation account or the account from which
the costs were drawn, as appropriate, for the
fiscal year in which the payment is received.
``(3) Reporting.--To be eligible to issue benefits
under this subsection, a State agency shall comply with
reporting requirements established by the Secretary to
carry out this subsection.
``(4) Plan.--To be eligible to issue benefits under
this subsection, a State agency shall--
``(A) submit a plan to the Secretary that
describes the conditions and procedures under
which the benefits will be issued, including
eligibility standards, benefit levels, and the
methodology the State agency will use to
determine amounts due the Secretary under
paragraph (2); and
``(B) obtain the approval of the Secretary
for the plan.
``(5) Violations.--A sanction, disqualification,
fine, or other penalty prescribed under Federal law
(including sections 12 and 15) shall apply to a
violation committed in connection with a coupon issued
under this subsection.
``(6) Ineligibility for administrative
reimbursement.--Administrative and other costs incurred
in issuing a benefit under this subsection shall not be
eligible for Federal funding under this Act.
``(7) Exclusion from enhanced payment accuracy
systems.--Section 16(c) shall not apply to benefits
issued under this subsection.''.
(b) Conforming Amendments.--Section 17(b)(1)(B)(iv) of the
Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is
amended--
(1) in subclause (V), by striking ``or'' at the
end;
(2) in subclause (VI), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following:
``(VII) waives a provision
of section 7(j).''.
TITLE VIII--2000 DECENNIAL CENSUS
(a) The Congress finds that--
(1) the decennial enumeration of the population is
one of the most critical constitutional functions our
government performs;
(2) it is the goal that the decennial enumeration
of the population be as accurate as possible,
consistent with the Constitution;
(3) the Constitution clearly states that the census
is to be an ``actual enumeration'' of the population,
and section 195 of title 13, United States Code, states
that sampling cannot be used for purposes of the
apportionment of Representatives in Congress among the
several States;
(4) the proposed use of statistical sampling by the
Bureau of the Census exposes taxpayers to the
unacceptable risk of an inaccurate, invalid and
unconstitutional census; and
(5) Congress is committed to providing the level of
funding that is required to perform the entire range of
constitutional census activities, with a particular
emphasis on accurately enumerating all individuals that
have historically been undercounted, and toward this
end, the Congress is eager to see aggressive and
innovative promotion and outreach campaigns in hard-to-
count communities, the hiring of enumerators within
those localities, continued cooperation with local
government on address list development, and maximizing
census employment opportunities for individuals seeking
to make the transition from welfare to work.
(b)(1) Section 141(a) of title 13, United States Code, is
amended by adding at the end the following: ``Notwithstanding
any other provision of law, no sampling or any other
statistical procedure, including any statistical adjustment,
may be used in any determination of population for purposes of
the apportionment of Representatives in Congress among the
several States.''.
(2) The amendment made by this subsection shall take effect
on the date of the enactment of this Act.
(c) None of the funds made available in this or any other
Act for any fiscal year may be used by the Department of
Commerce to plan or otherwise prepare for the use of sampling
or any other statistical procedure, including any statistical
adjustment, in any determination of population for purposes of
the apportionment of Representatives in Congress among the
several States.
TITLE IX--GOVERNMENT SHUTDOWN PREVENTION ACT
SEC. 90001. SHORT TITLE.
This title may be cited as the ``Government Shutdown
Prevention Act''.
SEC. 90002. CONTINUING FUNDING.
(a) In General.--If any regular appropriation bill for
fiscal year 1998 does not become law prior to the beginning of
fiscal year 1998 or a joint resolution making continuing
appropriations is not in effect, there is appropriated, out of
any moneys in the Treasury not otherwise appropriated, and out
of applicable corporate or other revenues, receipts, and funds,
such sums as may be necessary to continue any program, project,
or activity for which funds were provided in fiscal year 1997.
(b) Level of Funding.--Appropriations and funds made
available, and authority granted, for a program, project, or
activity for fiscal year 1998 pursuant to this title shall be
at 100 per cent of the rate of operations that was provided for
the program, project, or activity in fiscal year 1997 in the
corresponding regular appropriation Act for fiscal year 1997.
(c) Period of Availability.--Appropriations and funds made
available, and authority granted, for fiscal year 1998 pursuant
to this title for a program, project, or activity shall be
available for the period beginning with the first day of a
lapse in appropriations and ending with the earlier of--
(1) the date on which the applicable regular
appropriation bill for fiscal year 1998 becomes law
(whether or not that law provides for that program,
project, or activity) or a continuing resolution making
appropriations becomes law, as the case may be; or
(2) the last day of fiscal year 1998.
SEC. 90003. TERMS AND CONDITIONS.
(a) In General.--An appropriation of funds made available,
or authority granted, for a program, project, or activity for
fiscal year 1998 pursuant to this title shall be made available
to the extent and in the manner which would be provided by the
pertinent appropriations Act for fiscal year 1997, including
all of the terms and conditions and the apportionment schedule
imposed with respect to the appropriation made or funds made
available for fiscal year 1997 or authority granted for the
program, project, or activity under current law.
(b) Extent and Manner.--Appropriations made by this title
shall be available to the extent and in the manner which would
be provided by the pertinent appropriations Act.
SEC. 90004. COVERAGE.
Appropriations and funds made available, and authority
granted, for any program, project, or activity for fiscal year
1998 pursuant to this title shall cover all obligations or
expenditures incurred for that program, project, or activity
during the portion of fiscal year 1998 for which this title
applies to that program, project, or activity.
SEC. 90005. EXPENDITURES.
Expenditures made for a program, project, or activity for
fiscal year 1998 pursuant to this title shall be charged to the
applicable appropriation, fund, or authorization whenever a
regular appropriation bill or a joint resolution making
continuing appropriations until the end of fiscal year 1998
providing for that program, project, or activity for that
period becomes law.
SEC. 90006. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY.
No appropriation or funds made available or authority
granted pursuant to this title shall be used to initiate or
resume any program, project, or activity for which
appropriations, funds, or other authority were not available
during fiscal year 1997.
SEC. 90007. PROTECTION OF OTHER OBLIGATIONS.
Nothing in this title shall be construed to effect
Government obligations mandated by other law, including
obligations with respect to Social Security, Medicare,
Medicaid, and veterans benefits.
SEC. 90008. DEFINITION.
In this title, the term ``regular appropriation bill''
means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for
any of the following categories of programs, projects, and
activities:
(1) Agriculture, rural development, and related
agencies programs.
(2) The Departments of Commerce, Justice, and
State, the Judiciary, and related agencies.
(3) The Department of Defense.
(4) The government of the District of Columbia and
other activities chargeable in whole or in part against
the revenues of the District.
(5) The Departments of Labor, Health and Human
Services, and Education, and related agencies.
(6) The Departments of Veterans and Housing and
Urban Development, and sundry independent agencies,
boards, commissions, corporations, and offices.
(7) Energy and water development.
(8) Foreign assistance and related programs.
(9) The Department of the Interior and related
agencies.
(10) Military construction.
(11) The Department of Transportation and related
agencies.
(12) The Treasury Department, the U.S. Postal
Service, the Executive Office of the President, and
certain independent agencies.
(13) The legislative branch.
This Act may be cited as the ``1997 Emergency Supplemental
Appropriations Act for Recovery from Natural Disasters, and for
Overseas Peacekeeping Efforts, Including Those in Bosnia''.
And the Senate agree to the same.
Bob Livingston,
Joseph M. McDade,
Bill Young,
Ralph Regula,
Jerry Lewis,
John Edward Porter,
Harold Rogers,
Joe Skeen,
Frank R. Wolf,
Jim Kolbe,
Ron Packard,
Sonny Callahan,
James T. Walsh,
Charles H. Taylor,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Arlen Specter,
Pete V. Domenici,
Christopher S. Bond,
Slade Gorton,
Mitch McConnell,
Conrad Burns,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Ben Nighthorse Campbell,
Larry Craig,
Lauch Faircloth,
Kay Bailey Hutchison,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1469) making
emergency supplemental appropriations for recovery from natural
disasters, and for overseas peacekeeping efforts, including
those in Bosnia, for the fiscal year ending September 30, 1997,
and for other purposes, submit the following joint statement to
the House and the Senate in explanation of the effects of the
action agreed upon by the managers and recommended in the
accompanying conference report.
Report language included by the House in the report
accompanying H.R. 1469 (H. Rept. 105-83) which is not changed
by the Senate in the report accompanying S. 672 (S. Rept. 105-
16), and Senate Report language which is not changed by the
conference are approved by the committee of conference. The
statement of the managers while repeating some report language
for emphasis, is not intended to negate the language referred
to above unless expressly provided herein.
TITLE I
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR THE DEPARTMENT OF DEFENSE
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
Title I of the conference agreement recommends a total of
$1,929,480,000 in new budget authority for the Department of
Defense, instead of $2,039,880,000 as proposed by the House and
$1,805,480,000 as proposed by the Senate. This level is
$168,734,000 less than the amount requested by the President.
The new budget authority in this title is totally offset by
rescissions of previously appropriated defense funds totaling
$1,929,632,000 in chapter 2 of this title.
Of the amounts in this title, $1,774,200,000 is provided
for contingency operations in Bosnia and Southwest Asia,
instead of $1,910,400,000 as proposed by the House and
$1,657,000,000 as proposed by the Senate. This recommendation
is $232,014,000 below the amount requested by the President.
The following table provides details of the supplemental
appropriations in Title I, Chapter 1 of the conference
agreement.
TITLE I--SUPPLEMENTAL APPROPRIATIONS, DEPARTMENT OF DEFENSE
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Military personnel:
Military personnel, Army..................................... 322.8 306.8 306.8 306.8
Military personnel, Navy..................................... 7.9 7.9 7.9 7.9
Military personnel, Marine Corps............................. 0.3 0.3 0.3 0.3
Military personnel, Air Force................................ 29.1 29.1 29.1 29.1
----------------------------------------------
Total, Military personnel.................................. 360.1 344.1 344.1 344.1
Operation and maintenance:
Overseas contingency operations transfer fund................ 1646.1 1,566.3 1,312.9 1,430.1
Bosnia:
Army LOGCAP/Other Support................................ ......... (-262.8) (-146.0) (-262.8)
Army OPTEMPO............................................. ......... (138.0) (21.0) (138.0)
Navy OPTEMPO Reduction................................... ......... (-10.0) (-10.0) (-10.0)
NIMA..................................................... ......... .......... (-2.6) (-2.6)
Overocean costs reimbursement to DBOF-T.................. ......... .......... (-62.0) (-62.0)
SOCOM OPTEMPO Reduction.................................. ......... (-9.0) (-9.0) (-9.0)
Projected OPTEMPO and force reductions................... ......... .......... (-66.0) ..........
----------------------------------------------
Subtotal............................................... ......... (-143.8) (-274.6) (-208.4)
Southwest Asia:
Navy-Enhanced Southern Watch OPTEMPO..................... ......... (20.0) .......... (15.0)
Air Force-Enhanced Southern Watch OPTEMPO................ ......... (8.0) .......... ..........
Air Force-Desert Focus (Force Protection)................ ......... (37.0) .......... (37.0)
OSIA Reduced Monitoring Activity......................... ......... (-1.0) .......... (-1.0)
Projected OPTEMPO and force reductions................... ......... .......... (-34.0) (-34.0)
----------------------------------------------
Subtotal............................................... ......... (64.0) (-34.0) (17.0)
Other Adjustments:
Drawdown Recovery Costs.................................. ......... .......... (-24.6) (-24.6)
----------------------------------------------
Total, Operation and Maintenance....................... ......... (-79.8) (-333.2) (-216.0)
----------------------------------------------
Total, Contingency Operations Funding.................. 2,006.2 1,910.4 1,657.0 1,774.2
----------------------------------------------
Operation and Maintenance, General:
OPLAN 34A/35 P.O.W. Payments............................. 20.0 20.0 20.0 20.0
Revolving and management funds:
Reserve Mobilization Income Insurance Fund............... 72.0 72.0 72.0 72.0
----------------------------------------------
Total, Supplemental Request............................ 2,098.2 2,002.4 1,749.0 1,866.2
Other adjustments:
Defense Health Program................................... ......... 21.0 .......... 21.0
O&M, Defense-Wide (Force Protection)..................... ......... 10.0 .......... 10.0
Overseas Humanitarian, Disaster and Civic Aid............ ......... .......... 50.0 25.8
Family Housing, Navy and Marine Corps.................... ......... 6.5 6.5 6.5
----------------------------------------------
Total, Title I......................................... 2,098.2 2,039.9 1,805.5 1,929.5
----------------------------------------------------------------------------------------------------------------
Bosnia Operations
The conferees agree with the concerns raised in the House
report regarding the Bosnia deployment, and also concur with
the position taken by the Secretary of Defense that the
American ground force deployment to Bosnia should be ended by
not later than June 1998. The conferees believe that should the
President determine that events require U.S. participation in
the Stabilization Force or any successor force in Bosnia beyond
this date, the President should and must seek the approval of
the Congress.
The conferees direct the President to provide the
quarterly reports regarding the Bosnia deployment as described
in the House report. The conference agreement also includes a
general provision (Section 105) requiring the President to
provide a report within sixty days of enactment regarding
cumulative costs stemming from various U.S. efforts associated
with Bosnia.
Contingency Operations Cost Controls
The conferees agree with language in the Senate report
directing the Department of Defense to identify costs by
individual contingency operation; to notify Congress 30 days in
advance if the Department expects to exceed the budgeted amount
for a contingency; and to continue to meet the quarterly
reporting requirement for the use of funds provided in the
``Overseas Contingency Operations Transfer Fund''.
General Provisions, Chapter 1
The conferees agree to retain Section 101, as proposed by
the Senate, which allows the Secretary of the Navy to transfer
up to $23,000,000 to reimburse accounts which have been
depleted to repair Marine Corps facilities damaged by
hurricanes, flooding, and other natural disasters during 1996
and 1997.
The conferees agree to restore Section 102, as proposed
by the House, which provides $21,000,000 to the ``Defense
Health Program'', only for direct patient care at military
treatment facilities. These funds are to be used only to
improve the level of direct care of military service members
and their dependents at military treatment facilities. The
conferees direct the Department of Defense to report to the
Committees on Appropriations by July 1, 1997 on the use of
these funds showing amounts, location, and justification for
each project or activity.
The conferees agree to restore Section 103, as proposed
by the House, which provides $10,000,000 to ``Operation and
Maintenance, Defense-Wide'', only for additional force
protection and counter-terrorism initiatives as directed in the
House report language. Prior to obligation of these funds, the
Vice Chairman of the Joint Chiefs of Staff shall provide to the
Appropriations Committees a detailed plan for utilization of
these funds.
The conferees agree to delete language proposed by the
Senate which would have provided up to $100,000,000 of
additional transfer authority for costs associated with ongoing
operations in Bosnia and Southwest Asia.
The conferees agree to amend Section 104, as proposed by
the Senate, to provide an additional $25,800,000 to the
``Overseas Humanitarian, Disaster and Civic Aid'' program, for
a grant to the American Red Cross for armed forces emergency
services.
The conferees agree to amend Section 105, as proposed by
the Senate, requiring the President to submit to Congress 60
days after enactment of this Act a cost report which outlines
all U.S. government expenditures in Bosnia since December 1,
1995.
Marine Corps Family Housing
In section 106, the conferees agree to appropriate
$6,480,000, as provided in both the House and the Senate bills,
to partially reimburse the Family Housing, Navy and Marine
Corps account for hurricane repair Operation and Maintenance
costs that have been absorbed. This appropriation is offset
fully by a rescission of $6,480,000 (in Title, Chapter 2,
section 202).
In addition, if any foreign currency fluctuation savings
are realized within the Family Housing, Navy and Marine Corps
account, the conferees direct the Navy to further reimburse the
Marine Corps for hurricane repair costs that have been
absorbed.
CHAPTER 2
RESCISSIONS
The conference agreement rescinds a total of
$1,929,632,000 from funds previously provided in Department of
Defense and Military Construction Appropriations Acts, instead
of $2,040,347,000 as proposed by the House and $1,905,943,000
as proposed by the Senate.
These rescissions include: $299,250,000 in various
accounts resulting from revised inflation estimates,
$420,000,000 due to revised foreign currency fluctuation
requirements, $232,263,000 in unobligated balances in various
accounts that are expected to expire at the end of the current
fiscal year (based on estimates provided by the Department of
Defense), and $782,639,000 in specific program reductions, all
from previously enacted Department of Defense Appropriations
Acts; and $195,480,000 from previously enacted Military
Construction Acts.
The conference agreement specifically denies the
$10,000,000 rescission in ``Operation and Maintenance, Defense-
Wide'', as proposed by the President (R97-4), and the
$62,000,000 rescission in ``National Guard and Reserve
Equipment'', as proposed by the President (R97-5). The
conferees agree with the direct in the Senate report regarding
the release of National Guard and Reserve Equipment funds to
the National Guard Bureau for obligation.
A summary of the rescissions from previously enacted
Department of Defense Appropriations Act found in Title I,
Chapter 2 is shown in the following table:
----------------------------------------------------------------------------------------------------------------
House Senate Conference
----------------------------------------------------------------------------------------------------------------
Department of Defense--Military
Fiscal year 1993:
Shipbuilding and Conversion, Navy: Unobligated
Balances....................................... -$10,000,000 -$10,000,000 -$10,000,000
Fiscal year 1994:
Shipbuilding and Conversion, Navy: Service Craft -$28,700,000 $0 -$18,700,000
Fiscal year 1995:
Aircraft Procurement, Army: Unobligated Balances -$1,085,000 -$1,085,000 -$1,085,000
Missile Procurement, Army: Unobligated Balances. -$2,707,000 -$2,707,000 -$2,707,000
Procurement of Weapons and Tracked Combat
Vehicles, Army: Unobligated Balances........... -$2,296,000 -$2,296,000 -$2,296,000
Procurement of Ammunition, Army: Unobligated
Balances....................................... -$3,236,000 -$3,236,000 -$3,236,000
Other Procurement, Army: Unobligated Balances... -$2,502,000 -$2,502,000 -$2,502,000
Aircraft Procurement, Navy: Unobligated Balances -$34,000,000 -$34,000,000 -$34,000,000
Weapons Procurement, Navy: Unobligated Balances. -$16,000,000 -$16,000,000 -$16,000,000
Procurement of Ammunition, Navy and Marine
Corps: Unobligated Balances.................... -$812,000 -$812,000 -$812,000
Other Procurement, Navy: Unobligated Balances... -$4,237,000 -$4,237,000 -$4,237,000
Procurement, Marine Corps: Unobligated Balances. -$1,207,000 -$1,207,000 -$1,207,000
Aircraft Procurement, Air Force:
JSTARS, Advanced Procurement................ -$14,400,000 $0 -$14,400,000
Unobligated Balances........................ -$33,650,000 -$33,650,000 -$34,976,000
Missile Procurement, Air Force:
Missile Replacement Equipment............... -$4,000,000 $0 -$4,000,000
Unobligated Balances........................ -$7,195,000 -$7,195,000 -$12,020,000
Other Procurement, Air Force: Unobligated
Balances....................................... -$3,659,000 -$3,659,000 -$3,659,000
Procurement, Defense-Wide: Unobligated Balances. -$12,881,000 -$4,860,000 -$8,860,000
National Guard and Reserve Equipment:
Unobligated Balances........................... -$5,029,000 -$5,029,000 -$5,029,000
Chemical Agents and Munitions Destruction,
Defense: Unobligated Balances.................. -$456,000 -$456,000 -$456,000
Fiscal year 1996:
Aircraft Procurement, Army:
Blackhawk, Advanced Procurement............. -$5,000,000 $0 $0
Spares...................................... -$8,000,000 $0 $0
Avionics Support Equipment.................. -$5,000,000 $0 -$5,000,000
Procurement of Weapons and Tracked Combat
Vehicles, Army:
Carrier Mods................................ -$3,000,000 $0 -$2,000,000
Bradley Fighting Vehicle System............. -$10,000,000 $0 -$5,400,000
Weapons/Combat Vehicle (Tank Carryover)..... -$13,000,000 $0 -$8,000,000
Procurement of Ammunition, Army:
Provision of Industrial Facilities.......... -$8,000,000 -$8,000,000 -$8,000,000
Layaway Industrial Facilities............... -$6,000,000 -$6,000,000 -$6,000,000
Ammunition Base (Conventional Ammunition
Demil)..................................... -$20,000,000 $0 -$4,000,000
Procurement of Ammunition, Navy and Marine
Corps: Unobligated Balances.................... $0 -$4,000,000 $0
Other Procurement, Navy: Shipboard Tactical
Communications................................. -$3,000,000 -$3,000,000 -$3,000,000
Procurement, Marine Corps: Unobligated Balances. $0 -$4,000,000 $0
Aircraft Procurement, Air Force:
JSTARS...................................... -$25,000,000 -$25,000,000 -$25,000,000
F-16........................................ -$12,000,000 $0 $0
F-16 Post Production Support................ -$15,000,000 -$15,000,000 -$15,000,000
Procurement of Ammunition, Air Force: CBU-87.... -$21,100,000 $0 -$7,700,000
Other Procurement, Air Force: Strategic C2...... -$10,000,000 -$10,000,000 -$10,000,000
Procurement, Defense-Wide:
DISA........................................ -$12,000,000 $0 -$8,000,000
Major Equipment............................. -$10,700,000 $0 -$8,113,000
SDIO Major Equipment........................ -$12,100,000 $0 $0
Research, Development, Test and Evaluation,
Army: Unobligated Balances..................... -$4,366,000 -$4,366,000 -$4,366,000
Research, Development, Test and Evaluation,
Navy:
MK-48 ADCAP (CBASS--New Start).............. -$4,000,000 $0 -$1,900,000
Standard Missile Improvements (LASM--New
Start)..................................... -$500,000 $0 $0
Unobligated Balances........................ -$14,978,000 -$14,978,000 -$14,978,000
Research, Development, Test and Evaluation, Air
Force:
Night Precision Attack...................... -$2,000,000 $0 -$2,000,000
Unobligated Balances........................ -$28,396,000 -$28,396,000 -$22,245,000
Research, Development, Test and Evaluation,
Defense-Wide:
University Research......................... -$9,200,000 $0 $0
Defense Reinvestment........................ -$6,200,000 -$6,200,000 -$6,200,000
Medical Electron Laser...................... -$3,300,000 $0 $0
High Performance Computer................... -$1,600,000 $0 $0
Theater High Altitude Area Defense.......... -$40,000,000 -$40,000,000 -$40,000,000
NATO Research and Development............... -$5,200,000 $0 $0
Office of Secretary of Defense Studies...... -$5,700,000 $0 -$3,624,000
Unobligated Balances........................ -$55,973,000 -$34,890,000 -$45,890,000
Developmental Test and Evaluation, Defense:
Central Test and Evaluation................. -$2,200,000 $0 -$601,000
Foreign Cooperative Testing................. -$6,200,000 $0 -$2,449,000
Test and Evaluation......................... -$3,800,000 $0 -$2,752,000
Unobligated Balances........................ -$890,000 -$890,000 -$890,000
Operatonal Test and Evaluation, Defense:
Unobligated Balances........................... -$160,000 -$160,000 -$160,000
Chemical Agents and Munitions Destruction,
Defense:
Unobligated Balances........................ -$652,000 -$652,000 -$652,000
Procurement................................. -$22,000,000 -$20,000,000 -$20,000,000
Fiscal year 1997:
Military Personnel, Army: Foreign Currency
Savings........................................ -$37,000,000 -$46,000,000 -$57,000,000
Military Personnel, Navy: Foreign Currency
Savings........................................ -$9,000,000 -$11,000,000 -$18,000,000
Military Personnel, Marine Corps: Foreign
Currency Savings............................... $0 -$5,000,000 -$5,000,000
Military Personnel, Air Force: Foreign Currency
Savings........................................ -$12,000,000 -$15,000,000 -$23,000,000
National Guard Personnel, Air Force: Endstrength
Pricing........................................ -$7,600,000 $0 $0
Operation and Maintenance, Army:
Capital Fund Transfer....................... -$17,000,000 $0 -$17,000,000
Inflation Adjustment........................ -$19,000,000 -$19,000,000 -$19,000,000
Foreign Currency Savings.................... -$124,000,000 -$155,000,000 -$160,000,000
Operation and Maintenance, Navy:
Inflation Adjustment........................ -$24,000,000 -$24,000,000 -$24,000,000
Foreign Currency Savings.................... -$22,000,000 -$27,000,000 -$27,000,000
Operation and Maintenance, Marine Corps:
Inflation Adjustment........................ $0 -$3,000,000 $0
Foreign Currency Savings.................... $0 -$14,000,000 -$3,000,000
Operation and Maintenance, Air Force:
Inflation Adjustment........................ -$18,000,000 -$18,000,000 -$18,000,000
Foreign Currency Savings.................... -$79,000,000 -$99,000,000 -$99,000,000
Operation and Maintenance, Defense-Wide:
Office of the Secretary of Defense.......... -$10,000,000 $0 $0
Inflation Adjustment........................ -$8,000,000 -$8,000,000 -$8,000,000
Foreign Currency Savings.................... -$14,000,000 -$17,000,000 -$17,000,000
Operation and Maintenance, Army Reserve:
Inflation Adjustment........................... -$1,000,000 $0 $0
Operation and Maintenance, Navy Reserve:
Inflation Adjustment........................... -$1,000,000 $0 $0
Operation and Maintenance, Air Force Reserve:
Inflation Adjustment........................... -$1,000,000 $0 $0
Operation and Maintenance, Army National Guard:
Inflation Adjustment........................... -$2,000,000 $0 $0
Operational and Maintenance, Air National Guard:
Inflation Adjustment........................... -$3,000,000 $0 $0
Environmental Restoration, Army: Inflation
Adjustment..................................... -$250,000 -$250,000 -$250,000
Environmental Restoration, Navy: Inflation
Adjustment..................................... -$250,000 -$250,000 -$250,000
Environmental Restoration, Air Force: Inflation
Adjustment..................................... -$250,000 -$250,000 -$250,000
Environmental Restoration, Defense-wide:
Inflation Adjustment........................... $0 -$250,000 -$250,000
Environmental Restoration, Formerly Used Defense
Sites: Inflation Adjustment.................... -$250,000 $0 -$250,000
Former Soviet Union Threat Reduction: Inflation
Adjustment..................................... -$2,000,000 -$2,000,000 -$2,000,000
Aircraft Procurement, Army:
Inflation Adjustment........................ -$8,000,000 -$8,000,000 -$8,000,000
Black Hawk, Advanced Procurement............ $0 $0 -$5,000,000
Missile Procurement, Army:
Inflation Adjustment........................ -$2,000,000 -$2,000,000 -$2,000,000
ATACMS (AP)................................. $0 -$69,000,000 -$22,000,000
Procurement of Weapons and Tracked Combat
Vehicles, Army: Inflation Adjustment........... -$5,000,000 -$5,000,000 -$5,000,000
Procurement of Ammunition, Army:
Armament Retooling and Manufacutring Support -$10,000,000 -$10,000,000 -$10,000,000
Inflation Adjustment........................ -$1,000,000 -$1,000,000 -$1,000,000
Other Procurement, Army:
Family of Medium Tactical Vehicles.......... -$6,000,000 -$6,000,000 -$6,000,000
Inflation Adjustment........................ -$15,000,000 -$15,000,000 -$15,000,000
Aircraft Procurement, Navy:
F-18 E/F, Advanced Procurement.............. -$48,000,000 $0 -$24,000,000
Inflation Adjustment........................ -$28,000,000 -$28,000,000 -$28,000,000
Weapons Procurement, Navy: Inflation Adjustment. -$6,000,000 -$6,000,000 -$6,000,000
Shipbuilding and Conversion, Navy: Inflation
Adjustment..................................... -$33,000,000 -$33,000,000 -$33,000,000
Other Procurement, Navy: Inflation Adjustment... -$8,000,000 -$8,000,000 -$8,000,000
Aircraft Procurement, Air Force:
F-15........................................ -$35,000,000 -$21,000,000 -$21,000,000
Inflation Adjustment........................ -$20,000,000 -$20,000,000 -$20,000,000
Missile Procurement, Air Force:
Medium Launch Vehicles...................... -$5,000,000 $0 -$5,000,000
Titan IV.................................... -$115,000,000 -$150,000,000 -$122,000,000
Inertial Upper Stage........................ $0 -$25,000,000 -$25,000,000
Inflation Adjustment........................ -$11,000,000 -$11,000,000 -$11,000,000
Other Procurement, Air Force:
Inflation Adjustment........................ -$7,000,000 -$7,000,000 -$7,000,000
NIMA........................................ $0 $0 -$13,000,000
Procurement, Defense-Wide: Inflation Adjustment. -$5,000,000 -$5,000,000 -$5,000,000
National Guard and Reserve Equipment: Inflation
Adjustment..................................... -$8,000,000 $0 -$8,000,000
Research, Development, Test and Evaluation,
Army:
C-3 Advanced Technology..................... -$7,000,000 $0 $0
Night Vision Systems--Eng Dev............... -$5,000,000 $0 -$5,000,000
155 mm Light Weight Howitzer................ -$3,000,000 $0 -$3,000,000
Inflation Adjustment........................ -$10,000,000 -$10,000,000 -$10,000,000
Research, Development, Test and Evaluation Navy:
Submarine Technology........................ -$12,000,000 $0 $0
Advanced Submarine Combat Systems
Development................................ $0 -$12,000,000 $0
Tomahawk.................................... -$10,000,000 $0 $0
MK-48 ADCAP (CBASS--New Start).............. -$1,000,000 $0 -$600,000
Standard Missile Improvements (LASM--New
Start)..................................... -$5,500,000 $0 $0
Inflation Adjustment........................ -$9,000,000 -$9,000,000 -$9,000,000
Research, Development, Test and Evaluation, Air
Force:
AWACs....................................... -$25,000,000 $0 -$12,500,000
Threat Simulator Development................ -$5,000,000 $0 $0
Classified.................................. -$200,000,000 -$100,000,000 -$130,000,000
WCMD........................................ -$3,500,000 $0 -$3,500,000
JDAM........................................ -$4,000,000 $0 -$4,000,000
Inflation Adjustment........................ -$22,000,000 -$22,000,000 -$22,000,000
Research, Development, Test and Evaluation,
Defense-Wide:
NIMA........................................ $0 -$80,000,000 -$22,000,000
Dual-Use Funds (COSSI)...................... -$100,000,000 $0 -$50,000,000
Dual-Use Funds.............................. $0 -$100,000,000 $0
Inflation Adjustment........................ -$15,000,000 -$15,000,000 -$15,000,000
National Defense Sealift Fund: LMSR............. $0 -$35,000,000 -$25,200,000
Defense Health Program:
Inflation Adjustment........................ -$10,000,000 $0 -$10,000,000
Foreign Currency Savings.................... -$11,000,000 $0 -$11,000,000
Chemical Agents and Munitions Destruction,
Defense:
Inflation Adjustment........................ -$2,000,000 -$2,000,000 -$2,000,000
Operation and Maintenance................... $0 -$5,000,000 -$5,000,000
Procurement................................. $0 -$20,000,000 -$20,000,000
Drug Interdiction and Counter-Drug Activities,
Defense: Inflation Adjustment.................. -$2,000,000 -$2,000,000 -$2,000,000
-----------------------------------------------------------
Total......................................... -$1,853,867,000 -$1,664,463,000 -$1,734,152,000
----------------------------------------------------------------------------------------------------------------
application of rescissions
The conferees agree to the detailed instructions in the
House report specifying the manner in which rescissions made to
updated inflation estimates are to be applied to each budget
activity, activity group, and subactivity group.
service craft
The conferees agree to rescind $18,700,000 of fiscal year
1994 ``Shipbuilding and Conversion, Navy'' funds for service
craft, rather than $28,700,000 as proposed by the House. The
rescinded funds are for a barracks craft for which the Navy
does not plan to obligate funds until fiscal year 1998. The
conferees note there are additional funds in the 1998 budget
for this purpose. This action is solely due to the three year
delay in program execution, and does not preclude the Navy from
reinstating these funds in future fiscal years if appropriate.
None of the rescission is to be applied to the YDT 17 Diving
Tender program.
atacms
The conferees agree to rescind $22,000,000 of fiscal year
1997 funds appropriated for economic order quantity (EOQ)
purchases associated with a proposed ATACMS Block IA multiyear
program, rather than the $69,000,000 proposed by the Senate.
The conferees note that changing circumstances in the program
have led the Army to defer its plans for a multiyear
acquisition strategy for the ATACMS Block IA missile. However,
the conferees note that there are outstanding requirements in
the ATACMS program and therefore direct the Army to: (1)
reprogram $3,200,000 to the Research, Development, Test and
Evaluation, Army account to cover requirements associated with
the extended ATACMS Block IA development program; and (2) with
the remaining $43,800,000, procure additional Block I missiles
in fiscal year 1997 and/or procure Block IA missiles as part of
the fiscal year 1998 Block IA full rate production contract.
The Army is directed to provide the Appropriations Committees
within 30 days a detailed plan outlining its planned use of
these funds.
cbass torpedo program
The conference agreement rescinds $2,500,000 from the
CBASS torpedo program, rather than $5,000,000 as proposed by
the House. The conferees direct that none of the rescission may
be applied to ongoing torpedo test and evaluation support
activities.
tomahawk
The conferees do not agree to rescind $10,000,000 in
fiscal year 1997 Tomahawk research and development funding, as
proposed by the House. However, the conferees are aware the
Navy is considering several alternatives with regard to the
future direction of the Tomahawk program which could affect the
Navy's use of these fiscal year 1997 funds as well as the
fiscal year 1998 Tomahawk program. The conferees direct that
the Secretary of the Navy submit a report to the Appropriations
Committees detailing the Navy's plans to obligate these fiscal
year 1997 funds, and further direct that none of these funds
may be obligated until 30 days after submission of this report.
classified activities
The conference agreement includes rescissions against
certain classified activities. The conferees direct these
rescissions be carried out in conformance with the classified
annex accompanying this conference report.
General provisions, chapter 2
The conferees agree to delete specific general
provisions, as proposed by the House, which rescinded funds to
reflect savings from revised economic assumptions, revised
foreign currency exchange rates, amounts associated with
unobligated balances, and amounts associated with prior year
appropriations that were expected to expire at the end of
fiscal year 1997. Rescissions in these categories approved by
the conferees are included in Title 1, Chapter 2 of the
conference agreement.
The conferees agree to delete language, as proposed by
the Senate, which recommended repealing Section 5803 of Public
Law 104-208.
DEPARTMENT OF DEFENSE
Military Construction
(rescissions)
In section 201, the conferees agree to rescissions of
fiscal year 1996 appropriated amounts totaling $180,000,000 to
offset unbudgeted costs associated with contingency operations,
which is identical to the amounts in both the House and the
Senate bills, with a technical correction to one account. In
addition, the conferees agree to rescissions of fiscal year
1997 appropriated amounts totaling $9,000,000 to further offset
unbudgeted costs associated with contingency operations, rather
than $55,000,000 as proposed by the Senate. The House bill
contained no rescission of fiscal year 1997 funds. These
amounts are rescinded to reflect savings from revised economic
assumptions, as follows:
Military Construction, Army............................. 1,000,000
Military Construction, Navy............................. 2,000,000
Military Construction, Air Force........................ 3,000,000
Military Construction, Defense-wide..................... 3,000,000
--------------------------------------------------------
____________________________________________________
9,000,000
The conferees direct that these rescissions reflecting
savings from revised economic assumptions and program
execution, totaling $189,000,000, shall not result in the delay
or reduction in scope of any project for which funds have been
appropriated.
In section 202, the conferees also agree to project
cancellation and rescission of $6,480,000 from funds
appropriated in fiscal year 1995 for a bachelor enlisted
quarters project at Norfolk, Virginia, as provided in both the
House and the Senate bills, to offset fully funds appropriated
(in Title I, Chapter 1, section 106) for repair of hurricane-
damaged family housing units.
General provisions, chapter 3
The conferees agree to delete language proposed by the
House limiting the obligation of funds to the current fiscal
year unless otherwise specified. This language has been
included in Title III which will apply to the entire Act.
The conferees agree to delete, without prejudice,
language proposed by the House which placed certain
administrative requirements on the Office of the Assistant
Secretary of the Navy (Financial Management and Comptroller).
The conferees share the concerns expressed in the House report,
but do not believe that legislation is warranted at this time.
The conferees commend the leadership of the Navy for its prompt
attention to the concerns expressed by the House, as evidenced
by recent written assurances from the Secretary of the Navy
that Navy financial management procedures and processes are
being reassessed and revised. The conferees expect the Navy to
fully address the concerns expressed in the House report,
advise the Appropriations Committees on its progress in
developing a plan to strengthen its financial management
procedures, and continue a dialogue with the Committees with
the goal of attaining efficient program execution of
appropriated funds. The conferees will monitor the Navy's
progress in strengthening its financial management procedures.
The conferees agree to amend Section 301, as proposed by
the Senate. The conferees understand that the Ballistic Missile
Defense Organization (BMDO) has no plans to transfer
management, development, and acquisition authority over the
National Missile Defense Program from the military services
until the contract for a Lead System Integrator (LSI) for the
National Missile Defense Program is awarded. Section 301 of the
conference agreement directs the Department of Defense to
provide a report to the congressional defense committees 30
days prior to taking any action to transfer management,
development, and acquisition authority over the National
Missile Defense Program from the military services. The
conferees further direct that BMDO provide a report to the
congressional defense committees on the specific plans for
transferring management responsibility under the LSI
acquisition strategy within 30 days of enactment of this Act.
Section 301 also directs an analysis by the Joint Requirements
Oversight Council (JROC) regarding recommended roles of the
military services in regards to National Missile Defense, with
the results of said analysis to be provided to the
congressional defense committees within 60 days of enactment,
and directs that no actions shall be taken to delay or defer
planned activities under the National Missile Defense Program
based solely on the conduct of this JROC analysis.
The conferees agree to retain Section 302, as proposed by
the Senate, which allows the Secretary of Defense discretionary
authority to allow his designee on the Board of the Panama
Canal Commission to continue service.
The conferees agree to amend Section 303, as proposed by
the Senate, allowing the Secretary of Defense to enter into a
lease agreement in support of the Defense Finance and
Accounting Service at Lexington Blue Grass Station, Kentucky.
The conferees agree to amend Section 304, as proposed by
the Senate, with regard to the MK-50 torpedo program.
The conferees agree to retain Section 305, as proposed by
the Senate, which limits manpower for the National Missile
Defense Joint Program Office in the National Capital Region.
The conferees agree to amend Section 306, as proposed by
the Senate, which provides the Air Force the authority to
accept funds transferred by NASA in reimbursement of expenses
incurred by the Air Force in support of the Cassini mission.
The conferees agree to include Section 307, which makes a
technical correction requested by the Department of Defense
regarding eligibility for the Defense Experimental Program to
Stimulate Competitive Research.
Other Department of Defense Programs
airborne mine countermeasures
The conferees support the intent of language in the House
report regarding the need to acquire airborne mine
countermeasures capability as soon as practicable. Therefore,
they direct the Navy to complete the competitive flyoff
directed in the report accompanying the conference agreement on
the fiscal year 1997 Department of Defense Appropriations Act
by September 30, 1997. The conferees note that the fiscal year
1997 Department of Defense Appropriations Act provided
$12,000,000 for this flyoff, but stipulated that all concepts
were to be given an opportunity to compete in this effort. The
conferees further explain that they are aware of a system which
uses hyperspectral data in meeting this requirement and
strongly recommend that the Navy include this technology in its
competitive flyoff.
advanced spacecraft technology
The conferees direct that the Department of Defense
proceed expeditiously with a thorough review of hyperspectral
technology, existing hyperspectral sensors, planned sensors,
and Warfighter-1. The review shall include representation from
the Air Force Phillips Lab as well as experts outside the
government. Based on this review, the Office of the
Undersecretary of Defense for Acquisition and Technology shall
make a decision whether to proceed with the current Warfighter
program or a restructured hyperspectral program no later than
June 30, 1997. The conferees further direct that none of the
funds appropriated for Warfighter-1 shall be reallocated or
reprogrammed until 15 days after the Congress is informed of
the Department of Defense's plans.
u.s. forces korea point obstacle breaching capability
The conferees are aware of Army proposals to shift the
point obstacle breaching mission in Korea from outdated and
expensive Combat Engineer Vehicles mounted with 165mm guns to
M1 Abrams tanks using special tank munitions (XM908). The Army
is directed to report on the status of this plan to the
Appropriations Committees no later than July 1, 1997. Such
report shall describe the results of the XM908 test program,
the status of changing the demolition mission in Korea, and the
estimated future procurement requirement and cost for the XM908
round by fiscal year.
new start programs
The conferees agree with the House position with regard
to the Navy's initiation of new programs without the prior
approval of the Office of the Secretary of Defense (OSD) and
Congress. Advance Congressional review and approval is a
fundamental requirement for proper use of appropriated funds.
Therefore, the conferees fully expect the Navy to comply with
the longstanding OSD reprogramming procedures on all proposed
new start programs.
TITLE II
EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM NATURAL
DISASTERS
CHAPTER 1
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
The conference agreement provides a subsidy level of
$18,000,000 for emergency insured loans, as proposed by the
Senate. This allows for a program loan level of approximately
$59,000,000. The agreement also includes a subsidy level of
$5,000,000 for guaranteed subsidized operating loans, instead
of $10,000,000 as proposed by the Senate. This allows for a
loan level of approximately $55,000,000. In addition, the
conference agreement provides $6,300,000 for direct farm
operating loans, instead of $12,600,000 as proposed by the
Senate. This will fund approximately $50,000,000 in additional
loans. The House had no similar provisions.
emergency conservation program
The conference agreement provides $70,000,000 for the
emergency conservation program instead of $65,000,000 as
proposed by the House and $77,000,000 as proposed by the
Senate.
tree assistance program
The conference agreement provides $9,000,000 for
emergency assistance to small orchardists to replace or
rehabilitate trees and vineyards damaged by natural disasters
as proposed by the House instead of $9,500,000 as proposed by
the Senate. These funds are available for all states affected
by natural disasters. The agreement also deletes the use of
$500,000 of this amount for the Forestry Incentives Program as
proposed by the Senate. The House bill contained no similar
provision.
Commodity Credit Corporation Fund
Disaster Reserve Assistance Program
The conference agreement provides for a livestock
indemnity program of up to $50,000,000 to be derived from
proceeds from the sale of grain in the disaster reserve as
proposed by the Senate. The House bill contained no similar
provision.
Natural Resources Conservation Service
Watershed and Flood Prevention Operations
The conference agreement provides $166,000,000 for
emergency watershed and flood prevention operations, instead of
$150,700,000 as proposed by the House and $171,000,000 as
proposed by the Senate. These funds are available for all
states affected by natural disasters. The agreement allows up
to $15,000,000 of the total to be used for floodplain
easements, instead of $10,000,000 as proposed by the House and
$20,000,000 as proposed by the Senate. The agreement prohibits
the use of these funds for the salmon memorandum of
understanding as proposed by the House.
Rural Housing Service
Rural Housing Insurance Fund Program Account
Rural Housing Assistance program
The conference agreement deletes $250,000 in funding for
Section 515 Rural Housing loans and $4,000,000 for the Rural
Housing Assistance Program, as proposed by the Senate. The
House bill had no similar provisions. The conference agreement
retains Senate bill language providing that unexpended
emergency funds from prior year disaster assistance acts may be
used for Sections 502 and 515 rural housing loans, very low-
income housing repair loans and grants, and domestic farm labor
grants. The House bill had no similar provisions. The
conference agreement includes bill language making the College
Station area of Pulaski County, Arkansas, eligible for loans
and grants from the Rural Housing Service, as proposed by the
House and as referenced in the Senate report. The conference
agreement also provides that the same eligibility criteria for
community facility loans be used to determine eligibility for
community facility grants to disaster-affected areas as
proposed by the Senate. The House bill contained no similar
provision.
The conferees support the continuation of New York
State's Section 515 Rural Rental Housing Leveraged Loan
Program. This pilot program would provide the Rural Housing
Service with the flexibility to consider community based needs
assessment criteria in its designation of new loans.
Rural Utilities Service
Rural Utilities Assistance Program
The conference agreement provides $4,000,000 for the
Rural Utilities Assistance Program instead of $6,500,000 as
provided in the Senate bill. These funds are available for all
States affected by natural disasters. The House bill had no
similar provision.
Food and Consumer Service
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
The conference agreement provides $76,000,000 for the
special supplemental nutrition program for women, infants, and
children (WIC) as proposed by the House instead of $58,000,000
as proposed by the Senate.
The Administration has stated that $76,000,000 in WIC
supplemental funding is needed to maintain the fiscal year 1996
year-end participation level of 7,408,981. The conference
agreement includes language as proposed by both the House and
Senate which allows the Secretary to waive the regulatory
funding formula when allocating the $76 million provided by
this Act. It is the intent of the conferees that the Secretary
use this authority to distribute these additional funds to
prevent caseload reductions in state programs facing funding
shortfalls. These funds are not intended to be used to expand
enrollment beyond the fiscal year 1996 year-end participation
level.
Commodity Futures Trading Commission
The conferees are aware of the Chicago Board of Trade's
proposal relating to delivery specifications for corn and
soybean futures contracts and the importance of this proposal
to individuals and firms in proximity to current delivery
points, such as Toledo, Ohio. The conferees urge the Commission
to act promptly on the pending proposal for corn and soybean
delivery specifications using the appropriate criteria under
the Commodity Exchange Act, meeting the standards set forth in
section 5a(a)(10) of the Act, which require delivery points
that ``will tend to prevent or diminish price manipulation,
market congestion, or the abnormal movement of such commodity
in interstate commerce.'' The conferees expect that the
Commission will take all reasonable steps to solicit public
comment on the proposal and will give due regard to the views
of the full range or market users and others having an interest
in its decision of the pending proposal for corn and soybean
delivery specifications. The conferees also believe that a
study by the General Accounting Office, provided to the
Commission and to the appropriate Congressional committees, may
be helpful to address issues relating to corn and soybean
futures contract delivery specifications.
GENERAL PROVISION, Chapter 1
bulk cheese price survey
The conference agreement retains Senate bill language
requiring the Department of Agriculture to provide a weekly
report on prices and terms of trade involving the production of
bulk cheese. The House bill had no similar provision.
CHAPTER 2
COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES
DEPARTMENT OF JUSTICE
General Administration
counterterrorism
The conferees direct the Attorney General to provide
$6,361,000 to the Federal Bureau of Investigation (FBI) from
resources currently available in the Counterterrorism Fund to
reimburse the State of New York and certain local jurisdictions
in New York for their assistance in the investigation of the
crash of TWA Flight 800, instead of providing $12,420,000 to
the FBI from this Fund for this purpose, as proposed in the
House report. The Senate bill included $12,420,000 under the
Department of Transportation, Federal Aviation Administration
for reimbursement of these expenses.
The amount included in the conference agreement
represents costs for extraordinary expenses incurred by these
jurisdictions in support of the FBI's investigation that the
Department of Justice has verified to the Committee are
appropriate for reimbursement from this Fund. The conference
agreement also includes funding for other expenses related to
the recovery operation, which are not covered by the
Counterterrorism Fund, under the National Transportation Safety
Board. In addition, the conferees expect the Attorney General
to work closely with the Secretary of Transportation with
respect to voluntary payment from the involved airlines and the
airline carrier's insurance underwriter for these costs.
The conferees have provided $1,950,000 in Chapter 9 of
this Act to help meet the security needs related to the Summit
of Eight meeting in Denver, Colorado, making the House report
language under this heading unnecessary.
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
The conference agreement includes $52,200,000 for
emergency disaster assistance activities, instead of
$54,700,000 as proposed in the Senate bill, $49,700,000
included in the House bill, and $1,200,000 proposed by the
Administration to be derived by transfer from the Economic
Development Revolving Loan Fund. The conference agreement makes
funds available for emergency infrastructure expenses and
capitalization of revolving loan funds for assistance related
to recent flooding, as proposed in the House bill. The
conference agreement does not allow $6,800,000 of the funds
available to be used for planning and technical assistance
grants, as included in the Senate bill. The conferees note that
the EDA has already provided additional planning and technical
assistance grants from regular fiscal year 1997 funds to those
areas most severely impacted by recent natural disasters. The
conference agreement designates up to $2,000,000 to be
available for administrative expenses as proposed in the House
bill, instead of $2,900,000 included in the Senate bill. In
addition, these amounts are allowed to be transferred to and
merged with the EDA ``Salaries and Expenses'' account, as
included in the House bill. Finally, the conferees expect the
EDA to submit a plan on the expenditure of these funds in
accordance with the guidance included in the House report.
National Institute of Standards and Technology
industrial technology services
The conference agreement includes language proposed in
the House bill, and not included in the Senate bill,
designating that not to exceed $35,000,000 of the amount
provided under this account in Public Law 104-208 is available
for new grant awards under the Advanced Technology Program.
When combined with $27,000,000 in unobligated balances
available from prior year appropriations, a total of
$62,000,000 is available for new grant awards in fiscal year
1997, in addition to $6,000,000 previously awarded with fiscal
year 1996 funds. In addition, $155,000,000 is available in
fiscal year 1997 to pay the continuation costs of grants made
in prior fiscal years, and $37,000,000 is available for
administration, small business innovative research, and lab
support. The conferees direct that any additional funds that
become available through recoveries or any other means may be
spent only after notification to the Committees on
Appropriations of the House and Senate under standard
reprogramming procedures.
National Oceanic and Atmospheric Administration
operations, research, and facilities
The conference agreement includes $7,000,000 for disaster
assistance for fisheries impacted by recent flooding and red
tide as authorized by section 312(a) of the Magnuson-Stevens
Fishery Conservation and Management Act. Of this amount,
$3,500,000 is provided for the Pacific Northwest, and
$3,500,000 is provided for the Gulf Coast region for impacts
resulting from the opening of the Bonnet Carre Spillway and
from red tide. The Senate bill proposed $7,000,000 for disaster
assistance pursuant to the Magnuson-Stevens Act to continue a
salmon fishing buyback program. The conferees are aware that
recent flooding has impacted certain regions of the country and
intends that this funding be used for activities which directly
assist the fishermen in these areas. The conferees do not
intend that any of these funds be used by NOAA to begin a new
land acquisition program. Further, the conferees direct that
NOAA submit an implementation plan to the Committees on
Appropriations of the House and Senate in accordance with the
reprogramming procedures set forth in section 605 of Public Law
104-208 prior to the expenditure of these funds. In addition,
the conference agreement includes $2,000,000 for implementation
of the provisions of the Magnuson-Stevens Act in the North
Pacific fisheries. Theconference agreement includes language,
similar to the Senate bill, making the entire amount contingent upon
the President submitting a budget request designating the entire amount
as an emergency requirement.
The conferees understand that there are concerns about
National Weather Service plans for its regional headquarters
and expect the Department to continue to work with those
Members who have expressed concerns in order to resolve them,
and to take into account any forthcoming GAO report and
recommendations concerning this issue while remaining within
the existing financial plan for the current and succeeding
fiscal years.
construction
The conference agreement includes $10,800,000, requested
by the Administration, and included in both the House and
Senate bills, to provide for repair of fish hatcheries along
the Columbia River damaged by recent severe flooding.
DEPARTMENT OF STATE
International Organizations and Conferences
contributions to international organizations
The conference agreement does not include supplemental
funding of $100,000,000 for payment of United States arrearages
to the United Nations, subject to authorization, as proposed in
the Senate bill. The House bill provided no funding for this
purpose. Recent developments related to the Balanced Budget
Agreement negotiations indicate that the time frame for
addressing the issue of arrearages is not intended to begin
until fiscal year 1998.
RELATED AGENCIES
Commission on the Advancement of Federal Law Enforcement
The conference agreement includes $2,000,000 for the
Commission on the Advancement of Federal Law Enforcement as
proposed in the House bill, instead of no funding as proposed
in the Senate bill.
Small Business Administration
disaster loans program account
The conferees direct the Small Business Administration to
provide loan amounts under the disaster loan program sufficient
to meet building code requirements for energy efficiency in
accordance with the Senate report.
general provisions, chapter 2
Section 2001. The conference agreement includes a
provision that specifies that $3,000,000 currently available in
the Department of Justice Counterterrorism Fund, be allocated
to the appropriate unit of local government in Ogden, Utah, to
upgrade security and communications infrastructure to counter
any potential terrorism threat related to the 2002 Winter
Olympic games, as proposed in the Senate bill as Section 302.
The House bill did not include this provision.
Section 2002. The conference agreement includes a
provision to extend the Small Business Competitiveness
Demonstration Program for dredging through September 30, 1997,
as proposed in the Senate bill as Section 329. The House bill
did not address this matter.
Section 2003. The conference agreement includes a
provision, as proposed in the Senate bill as Section 334, to
provide for a good Samaritan exemption to the Marine Mammal
Protection Act for the taking of a marine mammal if such taking
results from an attempt to rescue a marine mammal entangled in
fishing gear or debris. The House bill did not address this
matter.
Section 2004. The conferees are aware that policy changes
recently adopted by the National Aeronautics and Space
Administration have resulted in reductions in fiscal year 1997
requirements within the National Oceanic and Atmospheric
Administration's Satellite Observing Systems programs. The
conferees are aware that the Department of Commerce is in the
process of developing reprogramming proposals to reallocate
these funds from this program to meet other operational
requirements which the Committees will consider under standard
reprogramming procedures. In addition, in consultation with the
Committees, the Department is directed to develop a plan for
the expenditure of the balance of these funds together with a
reprogramming to be submitted to the Committees within 15 days
of the enactment of this Act.
CHAPTER 2--A
DISTRICT OF COLUMBIA
The conference action deletes the Senate chapter which
included the appropriation of an additional Federal payment of
$31,150,000 to the District of Columbia for police pay raises
and emergency school repairs. The House bill did not contain a
similar chapter.
CHAPTER 3
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
flood control, mississippi river and tributaries
The conference agreement includes $20,000,000 for
extraordinary maintenance needs on the Mississippi River and
Tributaries project resulting from flooding in the lower
Mississippi River valley as proposed by the House and the
Senate. The entire amount has been designated by the Congress
as anemergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
The conferees are in agreement with the language in the
Senate report regarding Yazoo basin projects.
operation and maintenance, general
The conference agreement includes $150,000,000 for the
Corps of Engineers to undertake repairs and extraordinary
maintenance of projects impacted by flooding and other natural
disasters throughout the nation as proposed by the House
instead of $137,000,000 as proposed by the Senate. The entire
amount has been designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
The conferees are aware that a decision by the
Administration to terminate the use of the existing ocean
disposal site for material dredged from the Ports of New York
and New Jersey has created an immediate need for additional
funds in order for critical work to be accomplished prior to
the closure of the disposal site. The conferees are concerned
that the Administration did not anticipate the resource needs
associated with the decisions related to dredged material
disposal. The conferees urge the Corps of Engineers to reassess
its maintenance dredging needs in an effort to make available
additional funds for dredging during the current year.
The conference agreement deletes bill language proposed
by the Senate directing the Secretary of the Army to use
available funds to perform dredging and snagging and clearing
of the Truckee River in Nevada, the San Joaquin River in
California, and the Chena River in Alaska. The Secretary of the
Army is directed, within existing authorities, to use available
funds to perform emergency dredging and snagging and clearing
of the Truckee River, Nevada, and the San Joaquin River and
Sacramento River channels, California; and to dredge shoaling
which has occurred downstream from the Federal Chena River
flood control facility.
The conferees are aware of the compacts between the
States of Alabama, Florida, and Georgia for interstate
cooperation, planning, and development of the Alabama-Coosa-
Tallapoosa and Apalachicola-Chattahoochee-Flint River Basins
and have provided $5,000,000 for planning and studies related
to consensus-based proposals for the allocation of water in
these basins. The conferees direct the Corps of Engineers and
other Federal agencies to limit those studies to issues agreed
to by the States of Alabama, Florida, and Georgia until such
time as the two compacts have been ratified by the Congress.
flood control and coastal emergencies
The conference agreement includes $415,000,000 for Flood
Control and Coastal Emergencies as proposed by the House
instead of $390,000,000 as proposed by the Senate. The entire
amount has been designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
The conferees are aware of the prolonged heavy rains,
high surf, flooding, and land and mud slides which impacted
Hawaii, including the area of the Lualualei Naval Magazine,
last November. In light of this emergency, the conferees agree
to consider solutions to this problem as the appropriations
process continues for fiscal year 1998.
The conferees urge the Corps of Engineers to use
available funds to assess the need for a flood preparedness and
warning plan for the Reno, Nevada, area and to advise the House
and Senate Committees on Appropriations on the need for such a
plan in time for it to be addressed during the fiscal year 1998
appropriations process.
The conferees recognize the serious nature of the ongoing
flooding at Devils Lake in North Dakota. In response to that
situation, the conferees have provided $5,000,000 for the Corps
of Engineers to initiate and complete preconstruction
engineering and design for an emergency outlet from Devils Lake
to the Sheyenne River as proposed by the Senate with an
amendment which deletes the requirement that preconstruction
engineering and design be at full Federal expense. However,
given the emergency situation, the conferees direct the
Secretary of the Army to incorporate as part of any cost-
sharing agreement for the emergency outlet a provision which
permits the non-Federal sponsor to use other available Federal
funding sources to satisfy the non-Federal share of the
preconstruction engineering and design costs. Further, the
conferees direct that the policy requiring concurrent non-
Federal financing of preconstruction engineering and design
shall not apply. It is the intent of the conferees that none of
the funds made available in this Act shall be used to initiate
any project which would divert water from the Missouri River to
Devils Lake.
The conferees concur with the Senate direction to the
Corps of Engineers to expedite action to raise the emergency
levees at Devils Lake, as appropriate, beyond 1445 feet using
funding appropriated herein. The conferees have not waived the
cost-share requirements for that work. However, the conferees
support the use of other, Federal funding sources to satisfy
the non-Federal share of that work.
The conference agreement includes language which provides
$5,000,000 for channel restoration and improvements on the
James River in South Dakota if the Secretary of the Army
determines that the need for such restoration and improvements
constitutes an emergency instead of $10,000,000 as proposed by
the Senate.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
operation and maintenance
The conference agreement includes $7,355,000 for the
Bureau of Reclamation to undertake repairs to facilities,
including damages to archeological collections and recently
identified damages to fish handling and water release
structures, impacted by flooding in the western states and the
upper Midwest as proposed by the House and the Senate. The
entire amount has been designated by the Congress as
anemergency requirement pursuant to section 251(b(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
General Provisions, Chapter 3
River Basin Commissions
The conference agreement includes language proposed by
the House requiring that the United States members and
alternate members of the Susquehanna and Delaware River Basin
Commission be officers of the Army Corps of Engineers who shall
serve without additional compensation, instead of language
proposed by the Senate requiring that the Secretary of the
Interior or his designee serve as the alternate members of the
Susquehanna and Delaware River Basin Commission.
The conference agreement includes language proposed by
the House and the Senate establishing that the Federal
representative on the Delaware River Basin Commission shall
serve at the pleasure of the President.
The conference agreement includes technical and
conforming language repealing reservations of the Susquehanna
and Delaware River Basin Compacts.
Willow Creek Dam, Montana
The conference agreement includes language which would
increase from $750,000 to $1,200,00 the authority of the
Secretary of the Interior to obligate funds for safety of dams
construction work at the Willow Creek Dam, Sun River Project,
Montana, without transmitting a modification report to Congress
as required by section 5 of the Reclamation Safety of Dams Act
of 1978, as amended. This new level of authority is necessary
to permit completion of essential safety modifications at the
Willow Creek Dam.
Compliance with the Endangered Species Act
The conference agreement includes a provision proposed by
the Senate related to the application of the Endangered Species
Act in emergency situations. The bill reported by the House
Appropriations Committee contained a similar provision.
Red Rock Dam, Iowa
The conference agreement deletes a provision proposed by
the Senate providing relief to agricultural producers for
flooding losses related to operation of Red Rock Dam in Iowa.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
Assistance to Ukraine
Section 3002 of the House bill allowed the President to
waive any of the earmarks in subsections (k) and (l) under the
heading ``Assistance for the New Independent States of the
Former Soviet Union'' contained in Public Law 104-208, if he
determined, and so reported to the Committees on
Appropriations, that the Government of Ukraine--
(1) is not making significant progress toward economic
reform and the elimination of corruption;
(2) is not permitting American firms and individuals
to operate in Ukraine according to generally accepted
business principles; or
(3) is not effectively assisting American firms and
individuals in their efforts to enforce commercial
contracts and resist extortion and other corrupt
demands.
The Senate amendment contained no comparable provision.
The conference agreement, section 4001, allows the
President to waive the minimum funding levels in subsection (k)
only, for activities for the government of Ukraine funded in
that subsection, if he determines, and so reports to the
Committees on Appropriations, that the government of Ukraine--
(1) has not made progress toward implementation of
comprehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate
according to generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping
of steel plate.
Uruguay
The House bill did not contain any provision relating to
Uruguay.
Section 328 of the Senate amendment prohibited funds made
available in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997, from being made
available for assistance to Uruguay unless the Secretary of
State certified to the Committees on Appropriations that all
cases involving seizure of United States business assets have
been resolved.
The conference agreement deletes the Senate language. The
managers are concerned that trade and relations with Uruguay
may be affected by the recent seizure of private American
assets and urge the Administration to take all necessary
actions to remedy this problem. The managers will review
progress on this issue and may consider appropriate action in
subsequent legislation.
CHAPTER 5
INTERIOR AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
construction
(including transfer of funds)
The conference agreement provides $4,796,000 for
construction as proposed by the House and the Senate, of which
$4,403,000 is to be derived by transfer from the Oregon and
California grant lands account as proposed by the Senate
instead of $3,003,000 by transfer as proposed by the House.
OREGON AND CALIFORNIA GRANT LANDS
The conference agreement provides $2,694,000 for Oregon
and California grant lands, using unobligated balances of funds
made available as supplemental appropriations in Public Law
104-134, as proposed by the House and the Senate.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
The conference agreement provides $5,300,000 for resource
management instead of $2,250,000 as proposed by the House and
$8,350,000 as proposed by the Senate. Increases from the House
proposed level include $550,000 for fire restoration at the
Bosque Del Apache National Wildlife Refuge and $2,500,000 to
pay private landowners for the voluntary use of private lands
to store water in restored wetlands. The funds for use of
private lands to store water are not provided for any specific
region and should be allocated on a competitive basis taking
into account the level of non-Federal cost sharing, associated
benefits to fish and wildlife, and the degree to which future
flood damage will be mitigated.
The conference agreement also provides for these resource
management funds to remain available until expended instead of
two-year funds as proposed by the House and a combination of
two-year and three-year funds as proposed by the Senate.
CONSTRUCTION
The conference agreement provides $88,000,000 for
construction instead of $81,000,000 as proposed by the House
and $91,000,000 as proposed by the Senate. The managers agree
to the following distribution of funds:
Region: States Amount
1: California, Idaho, Nevada, Oregon, Washington........ $52,915,000
2: Oklahoma, Texas...................................... 7,310,000
3: Illinois, Indiana, Iowa, Minnesota, Wisconsin........ 5,474,000
4: Alabama, Arkansas, Louisiana, Mississippi, Tennessee. 5,097,000
5: Maine, Massachusetts, West Virginia.................. 1,662,000
6: Montana, North Dakota, South Dakota, Utah............ 15,542,000
--------------------------------------------------------
____________________________________________________
Total....................................... 88,000,000
LAND ACQUISITION
The conference agreement provides $10,000,000 for land
acquisition instead of $15,000,000 as proposed by the House and
$5,000,000 as proposed by the Senate.
National Park Service
CONSTRUCTION
The conference agreement provides $187,321,000 for
construction to address emergency requirements as proposed by
the Senate instead of $186,912,000 as proposed by the House.
The conference agreement also provides $10,000,000 in non-
emergency funding, as proposed by the House and the Senate. The
managers agree to the following distribution of funds.
Site Amount
Yosemite National Park, CA (emergency).................. $176,053,000
transportation (non-emergency)...................... 10,000,000
Devils Postpile National Monument, CA................... 74,000
Lassen Volcanic National Park, CA....................... 171,000
Lava Beds National Monument, CA......................... 49,000
Redwood National Park, CA............................... 8,955,000
Sequoia/Kings Canyon National Parks, CA................. 331,000
Whiskeytown National Recreation Area, CA................ 216,000
Oregon Caves National Monument, OR...................... 83,000
North Cascades National Park, WA........................ 41,000
Mount Rainier National Park, WA......................... 13,000
Olympic National Park, WA............................... 130,000
Mammoth Cave National Park, KY.......................... 542,000
North Dakota group...................................... 210,000
Cape Cod National Seashore, MA.......................... 60,000
Fire Island National Seashore, NY....................... 125,000
Minute Man National Historical Park, MA................. 79,000
Roosvelt/Vanderbilt sites, NY........................... 189,000
--------------------------------------------------------
____________________________________________________
Total....................................... 197,321,000
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
The conference agreement provides $4,650,000 for surveys,
investigations, and research as proposed by the Senate instead
of $4,290,000 as proposed by the House. No funds are provided
for post-flood data collection or risk assessment.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
The conference agreement provides $14,317,000 for
operation of Indian programs as proposed by the Senate instead
of $11,100,000 as proposed by the House.
CONSTRUCTION
The conference agreement provides $6,249,000 for
construction as proposed by the Senate instead of $5,554,000 as
proposed by the House.
Bill language also is included, as proposed by the
Senate, requiring that funds appropriated for fiscal year 1997
for repair of the Wapato irrigation project are made available
on a non-reimbursable basis. The House had no similar
provision.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
The conference agreement provides $39,677,000 for the
National forest system as proposed by the Senate instead of
$37,107,000 as proposed by the House. The managers agree to the
following distribution of funds:
Region: States: Amount
1: Idaho, Montana................................... $1,361,000
4: Idaho, Nevada, California........................ 5,596,000
5: California....................................... 14,816,000
6: Oregon, Washington, California, Idaho............ 14,362,000
9: Illinois, Indiana, Ohio.......................... 3,542,000
--------------------------------------------------------
____________________________________________________
Total....................................... 39,677,000
reconstruction and construction
The conference agreement provides $27,685,000 for
reconstruction and construction as proposed by the Senate
instead of $32,334,000 as proposed by the House. The managers
agree to the following distribution of funds:
Region: States: Amount
1: Idaho, Montana................................... $165,000
4: Idaho, Nevada, California........................ 1,636,000
5: California....................................... 8,945,000
6: Oregon, Washington, California, Idaho............ 15,375,000
9: Illinois, Indiana, Ohio.......................... 1,564,000
--------------------------------------------------------
____________________________________________________
Total....................................... 27,685,000
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
The conference agreement provides $1,000,000 for Indian
health services as proposed by the House and the Senate.
indian health facilities
The conference agreement provides $2,000,000 for Indian
health facilities as proposed by the House and the Senate.
General Provisions, Chapter 5
Section 5001.--The conference agreement includes language
in section 5001 that amends the recreation fee demonstration
program to permit the collecting agencies to keep 100% of the
funds in excess of the amount collected for fiscal year 1994 as
proposed by the House and by the Senate.
Section 5002.--The conference agreement includes language
in section 5002, as proposed by the Senate, that permits the
Indian Health Service to receive and retain reimbursements from
tribes or tribal organizations in exchange for goods and
services. The House had no similar provision.
Section 5003.--The conference agreement includes language
in section 5003, modifies language proposed by the House which
amends the San Carlos Apache Tribe Water Rights Settlement Act
of 1992 to extend the expiration date of the Act and to ratify
the agreement between the San Carlos Apache Tribe, the Phelps
Dodge Corporation and the Secretary of the Interior. The Senate
had no similar provision. The conference agreement amends the
House language to establish the final terms of the water lease,
between the Phelps Dodge Corporation and the San Carlos Apache
Tribe, under which the Corporation will pay the Tribe for
water.
Section 5004.--The conference agreement includes language
in section 5004 that amends the Marine Mammal Protection Act
Amendments of 1994 to allow the import of polar bear trophies
legally taken in Canada before April 30, 1994. This amendment
will not affect the authority of the Fish and Wildlife Service
to require that all polar bear trophies be imported through a
designated port. This is important to ensure that there is no
stimulation of illegal import or illegal trade in the United
States in polar bear parts. The language also does not
interfere with the Service's authority to collect a $1,000 fee
for each polar bear trophy imported. The additional fees
generated as a result of this amendment will provide increased
benefits for polar bear conservation.
Section 5005.--The conference agreement includes language
in section 5005 that modifies a Senate provision relating to
rights-of-way established pursuant to section 2477 of the
Revised Statutes (43 U.S.C. 932). The new language establishes
a commission to recommend to the Secretary of the Interior and
the Congress changes in law to provide for an expeditious
resolution of all outstanding claims regarding R.S. 2477
rights-of-way. The commission is required to make its
recommendations by March 1, 1998. The Secretary of the Interior
must approve or disapprove the commission's recommendations in
their entirety by March 31, 1998. If the Secretary of the
Interior approves the commission's recommendations, a ``fast
track'' procedure is provided for Congressional consideration
of the recommendations. Subsection (b)(5)(A) has been included
to make it clear that this section does notprovide the express
authorization required by Public Law 104-208 for the issuance of final
rules or regulations regarding R.S. 2477 rights-of-way. The House had
no similar provision.
CHAPTER 6
LABOR, HEALTH AND HUMAN SERVICES, EDUCATION AND RELATED AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Health Education Assistance Loans Program
The conference agreement includes a Senate provision to
allow the use of up to $499,000 in Health Education Assistance
Loan (HEAL) premiums to support the Office of HEAL Default
Reduction. The House bill contains no similar provision.
Centers for Disease Control and Prevention
Disease Control, Research, and Training
The conferees are concerned by the high disease burden
and mortality of hepatitis C, estimated to afflict 3.9 million
Americans. This disease is under-recognized by health care
provider and the public health community. Given these and other
concerns recently defined by the National Institutes of Health
Consensus Conference on Hepatitis C, the conferees encourage
the Centers for Disease Control and Prevention to enhance
efforts to define the burden of acute and chronic hepatitis C
in the United States and risk factors for its acquisition.
Better chronic liver disease surveillance will enhance
determination of disease trends and provide a means to evaluate
the effectiveness of various prevention or treatment
strategies.
Administration for Children and Families
Children and Families Services Programs
The conference agreement includes a Senate provision
making a technical change to the fiscal year 1997
appropriations act for this account by inserting a legal
citation to section 1110 of the Social Security Act. The House
bill included no similar provision.
Office of The Secretary
Public Health and Social Services Emergency Fund
The conference agreement modifies language proposed by
the Senate which would have appropriated $15,000,000 to the
Public Health and Social Services Emergency Fund within the
Office of the Secretary for competitively awarded research on
the environmental links to breast cancer. The Senate language
designated the funding as an emergency appropriation. The House
bill had no similar provision.
The conferees agree that $15,000,000 is appropriated to
support high priority biomedical research. These funds will be
made available on a competitive basis and through mechanisms to
be determined by the Secretary, in consultation with the
Directors of the National Institutes of Health and the Centers
for Disease Control and Prevention, and the Deputy Assistant
Secretary for Women's Health. The conferees request that the
Secretary provide a report to both Committees on the research
plan and allocation methodology accompanying these additional
funds by July 1, 1997. Among the priorities the conferees
encourage the Secretary to consider is cancer research,
especially research investigating the environmental factors
that may be associated with breast cancer in communities with
high incidence of the disease. The conferees have removed the
emergency designation for these funds, offsetting the cost
elsewhere within the bill.
DEPARTMENT OF EDUCATION
Education for The Disadvantaged
The Conference agreement includes $101,133,000 in
additional funding for title I, Grants to Local Education
Agencies, instead of $198,176,000 as proposed by the Senate.
Included in the agreement is $78,362,000 for basic grants and
$22,771,000 for concentration grants. The House bill contained
no similar provision.
The agreement provides additional title I funds to States
that would have received a reduction in funds as a result of
the Department of Education's decision to use a blend of 1990
and 1994 child poverty data. The 1994 reauthorization of the
Elementary and Secondary Education Act required the National
Academy of Sciences to study and recommend a safeguard against
using census data if it was unreliable or inappropriate. The
Academy recommended that the title I funds be distributed based
on the blended rate which resulted in some of the poorest
States in the Nation losing title I funds.
The conference agreement provides each state that would
lose funds as a result of the use of new census data with one-
half of the difference between what the state would have
received had the 1990 data been used and then added the
supplemental funds to the blended rate.
The agreement also provides authority to the Secretary of
Education to distribute the additional funds to counties that
would lose funds as a result of the shift in the population
data; and, prorate payments, if necessary. Also included is a
provision excluding these additional funds from the formula
used to determine State allocations under any other education
programs.
Finally, the agreement makes these additional funds
available on July 1, 1997, instead of October 1, 1997 as
proposed by the Senate.
The conference agreement does not include a provision in
the Senate amendment reducing the advance appropriation for
title I from $1,298,386,000 to $713,386,000.
RELATED AGENCY
National Commission on The Cost of Higher Education
Salaries and Expenses
The conference agreement provides $650,000 as proposed by
the House and as authorized in Title IV of this Act for the
National Commission on the Cost of Higher Education. The Senate
bill did not contain a similar provision.
General Provisions, Chapter 6
education funding flexibility in disaster areas
The conference agreement includes provisions proposed by
the Senate in section 311 that (1) extend the availability of
fiscal year 1995 funds awarded under state-administered
programs of the Department of Education and fiscal year 1996
Rehabilitation Act state programs until September 30, 1998 for
obligation by areas that are Presidentially-declared areas; and
(2) extend the waiver authority under section 14401 of the
Elementary and Secondary Education Act to all state-
administered programs of the Department for funds awarded for
fiscal years 1995, 1996 and 1997. The agreement adds language
specifying that the disaster areas must have been declared as
such during fiscal year 1997. The House bill contained no
similar provisions.
waivers of student aid statute and regulations
The conference agreement modifies section 312 of the
Senate bill to permit the Secretary of Education to waive or
modify regulatory or statutory provisions of title IV of the
Higher Education Act (student aid) for funds awarded in school
years 1996-1997 and 1997-1998 to individuals or institutions
affected by natural disasters in areas declared to be such by
the President. The provision specifically includes those who
were operating, attending or residing in an institution of
higher education or employed in a disaster area at the time of
the disaster. The House bill did not contain a similar
provision.
denver medicare demonstration
The conference agreement includes a provision (section
313 in the Senate bill) prohibiting the use of any fiscal year
1997 funds to implement a Medicare Competitive Pricing/Open
Enrollment Demonstration Project in Denver, Colorado. The House
bill contains no similar provision.
low income home energy assistance
The conference agreement deletes without prejudice a
provision of the Senate bill directing the Secretary of Health
and Human Services to obligate from previously appropriated
funds $45,000,000 in emergency funding under the Low Income
Home Energy Assistance Program (LIHEAP) to victims of flooding
and other natural disasters in fiscal year 1997. The conferees
note that of the LIHEAP emergency funds previously appropriated
by Congress, $205,000,000 remain available and could be
released by the President at any time. The conferees further
note that the LIHEAP authorizing legislation permits these
funds to be expended to meet the needs of one or more States
arising from a natural disaster or other emergency. Therefore,
additional appropriations are not necessary at this time, since
the President has sufficient funding and authority to meet
existing emergency conditions.
emergency use of child care funds
The conference agreement includes a provision to allow
the use of previously appropriated Federal child care funds for
victims of major disasters who are involved in unpaid work
activities resulting from the recent flood emergency, including
the cleaning, repair, restoration and rebuilding of homes,
businesses and schools. The provision is operational only
during the period April 30, 1997 to July 30, 1997. The Senate
bill included a similar provision; the House bill contained no
provision.
supplemental security income
The conference agreement includes a provision similar to
those included in both the House and Senate bills amending the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 to extend the availability of Supplemental Security
Income benefits for legal non-citizens who are current
beneficiaries from August 22, 1997, through September 30, 1997.
This provision reconciles several technical differences in
citation and drafting between the House and Senate bills.
CHAPTER 7
LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
Senate
contingent expenses of the senate
Secretary of the Senate
(transfer of funds)
A transfer of $5,000,000 is provided from funds available
under the heading ``Senate'' to the Secretary of the Senate, to
be available through September 30, 2000, for development and
implementation of a comprehensive, Senatewide legislative
information system [LIS]. The accounts from which the transfers
occur are contingent upon the approval of the Committee on
Appropriations of the Senate. Pursuant to section 8 of the
Legislative Branch Appropriations Act, 1997, the Secretary is
required to develop and implement LIS under the oversight of
the Committee on Rules and Administration.
House of Representatives
payments to widows and heirs of deceased members of congress
Funds are provided for the customary death gratuity for
children of Frank Tejeda, late a Representative from the State
of Texas.
OTHER AGENCY
Botanic Garden
Salaries and Expenses
The bill provides $33.5 million, a reduction of $1.5
million under the amount estimated, for the emergency repair
and renovation of the U.S. Botanic Garden Conservatory. The
Architect of the Capitol has notified the Committees on
Appropriations and the Joint Committee on the Library that the
Conservatory must be closed for safety and accessibility
reasons, due to the unacceptable risk of potentialinjury to the
public and staff resulting from hazardous conditions in the
Conservatory. By fully funding the necessary emergency repair and
renovation, the Architect will be able to perform the necessary work
over a two-year period instead of a phased four-year repair schedule,
which had been estimated to cost $35 million.
GENERAL PROVISIONS, Chapter 7
Sec. 7001. This provision allows for the establishment of
a no-pay status for the Capitol Police appointed by the Senate.
The provision is necessary to allow the Secretary of the Senate
to transfer the payroll functions for the Senate Capitol Police
to the National Finance Center pursuant to the requirement of a
unified payroll under title 40 U.S.C. 207a. This provision does
not alter any of the prerogatives of the Senate. The intention
is to provide the Secretary of the Senate with the ability to
outsource the payroll function for the Senate Capitol Police.
Sec. 7002. This provision provides the Sergeant at Arms
and Doorkeeper of the Senate, with the approval of the Senate
Rules and Administration Committee, the authority to provide
temporary home State facilities, equipment, and office space to
a Senator when there has been a disaster or emergency declared
by the President. This provision is intended to provide the
additional facilities, equipment, and office space consistent
with those already provided to a Senator under current
authority and regulation.
Sec. 7003. Authority is provided to transfer up to
$10,000 within the funds available to the Office of the
Secretary of the Senate, subject to approval.
Sec. 7004. This provision has been requested by the
General Accounting Office (GAO) and extends to the agency the
same flexibility in contracting that is currently available to
executive branch agencies in the Federal Property and
Administrative Services Act and the Federal Acquisition
Regulation (FAR). Although not technically subject to the
Property Act and FAR, GAO conforms to those provisions as a
matter of policy. Providing this authority will yield savings
due to flexibility in contracting. The Committees on
Appropriations of the House and Senate expect that GAO will
continue adhering to the requirements of the Property Act and
FAR, in keeping with sound procurement policies.
CHAPTER 8
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Coast Guard
Operating Expenses
Appropriates $1,600,000 for incremental operating
expenses of the Coast Guard related to support activities in
the TWA Flight 800 crash investigation and recovery efforts
instead of $6,473,000 as proposed by the Senate. The House bill
contained no similar appropriation.
RETIRED PAY
The conference agreement provides a mandatory
appropriation of $9,200,000 for the retired pay of Coast Guard
military personnel. The House and Senate bills each included
$4,200,000 for this purpose, as requested by the
administration. However, more recent information from Coast
Guard officials and the Office of Management and Budget has
indicated that an additional $5,000,000 will be required during
fiscal year 1997.
Federal Aviation Administration
Facilities and Equipment
(Airport and Airway trust Fund)
The conference agreement deletes the appropriation of
$40,000,000 proposed by the House to maintain the production
line for certified explosives detection systems. The conferees
believe that recent foreign orders of this equipment combined
with Federal Aviation Administration actions designed to slow
down the delivery rate now make it likely that this production
line can be maintained well into fiscal year 1998, making
additional funds in this urgent supplemental bill unnecessary.
Should additional funds be necessary next year, the conferees
agree to consider such funding during the regular
appropriations process for fiscal year 1998. The Senate bill
contained no similar appropriation.
Grants-in-aid for Airports
The conference agreement deletes the appropriation of
$15,520,000 proposed by the Senate to reimburse state and local
agencies for unanticipated costs associated with support
activities related to the TWA Flight 800 and ValuJet Flight 592
tragedies. The House bill contained no similar appropriation.
The conference agreement provides funds for reimbursement
to state and local agencies related to the TWA Flight 800 and
ValuJet Flight 592 tragedies from funds appropriated to the
National Transportation Safety Board. The conference agreement
also directs that funds be made available from the Department
of Justice's counterterrorism fund to reimburse state and local
agencies for the TWA Flight 800 tragedy.
Federal Highway Administration
Federal-Aid Highways
Emergency Relief Program
(Highway Trust Fund)
Provides $650,000,000 for emergency relief activities of
the Federal Highway Administration as proposed by both the
House and Senate. The conference agreement deletes a provision
proposed by the House that makes eligible for emergency relief
funding a project to repair or reconstruct any portion of a
federal-aid primary route in California which was destroyed as
a result of storms in the winter of 1982-1983. The Senate bill
contained a similar provision under ``Federal-aid highways,
limitation on obligations''.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
The conference agreement increases obligation authority
for Federal-aid highways by $694,810,534, of which $139,733,491
is distributed to those states that had their fiscal year
obligation authority reduced as a result of a clerical error
made by the Department of the Treasury in recording the Highway
Trust Fund receipts in December 1994; $318,077,043 is
distributed to those States who had their fiscal year 1997
obligation authority reduced as a result of the Treasury error;
and $237,000,000 is distributed to those states whose fiscal
year 1997 obligation authority is less than they received in
fiscal year 1996.
The additional obligation authority of $694,810,534 is
estimated to be distributed as follows:
New Obligation
Authority
Alabama................................................. $20,931,160
Alaska.................................................. 8,163,962
Arizona................................................. 12,007,562
Arkansas................................................ 6,506,921
California.............................................. 50,711,555
Colorado................................................ 6,577,269
Connecticut............................................. 11,495,143
Delaware................................................ 2,503,194
Dist of Columbia........................................ 1,603,800
Florida................................................. 51,658,920
Georgia................................................. 56,862,527
Hawaii.................................................. 3,845,863
Idaho................................................... 2,082,397
Illinois................................................ 21,890,066
Indiana................................................. 11,574,082
Iowa.................................................... 6,556,907
Kansas.................................................. 6,690,815
Kentucky................................................ 29,879,840
Louisiana............................................... 7,240,399
Maine................................................... 3,098,969
Maryland................................................ 13,390,159
Massachusetts........................................... 27,424,798
Michigan................................................ 14,747,139
Minnesota............................................... 12,888,358
Mississippi............................................. 5,314,543
Missouri................................................ 9,678,737
Montana................................................. 8,643,559
Nebraska................................................ 4,518,489
Nevada.................................................. 3,483,013
New Hampshire........................................... 2,788,867
New Jersey.............................................. 15,930,195
New Mexico.............................................. 7,057,801
New York................................................ 34,185,699
North Carolina.......................................... 15,054,880
North Dakota............................................ 3,373,984
Ohio.................................................... 7,201,580
Oklahoma................................................ 7,096,552
Oregon.................................................. 6,433,609
Pennsylvania............................................ 16,916,047
Rhode Island............................................ 5,465,112
South Carolina.......................................... 18,202,593
South Dakota............................................ 3,671,957
Tennessee............................................... 9,427,283
Texas................................................... 64,694,961
Utah.................................................... 5,215,722
Vermont................................................. 2,553,396
Virginia................................................ 13,986,103
Washington.............................................. 11,971,851
West Virginia........................................... 5,353,926
Wisconsin............................................... 10,167,297
Wyoming................................................. 3,639,211
Puerto Rico............................................. 2,451,761
The House bill provided $318,077,043 in additional
obligation authority to those states that had their fiscal year
1997 obligation authority reduced as a result of a recent
correction of a clerical error made by the Department of the
Treasury in recording Highway Trust Fund receipts in 1994. The
Senate bill provided $933,193,000 in additional obligation
authority, of which $318,077,043 would be provided to those
states as proposed in the House bill; $139,733,491 would be
provided to those states that had their fiscal year 1996
obligation authority reduced as a result of the Treasury
clerical error; and $475,382,466 would be provided to hold
harmless all states at their fiscal year 1996 obligation level.
The conference agreement also deletes the projects specified in
the Senate bill.
Federal Railroad Administration
emergency railroad rehabilitation and repair
Appropriates $18,900,000 for emergency expenses to repair
and rebuild railroad bridges, rights-of-way, and other
facilities of the regional and short line railroad system as a
result of floods in September 1996 and March and April 1997
instead of $24,000,000 as proposed by the Senate and
$10,000,000 as proposed by the House. The conference agreement
provides that up to $900,000 shall be solely for damage
incurred in West Virginia in September 1996 and $18,000,000
shall be for damage incurred in floods in the northern plains
states in March and April 1997. Funds shall be available only
to the extent an official budget request designating the funds
provided as an emergency is transmitted by the President. The
House bill provided funds to repair and rebuild rail lines
resulting from the floods in the northern plains states in the
spring of 1997.
RELATED AGENCY
National Transportation Safety Board
salaries and expenses
Appropriates $29,859,000 for salaries and expenses of the
National Transportation Safety Board (NTSB) instead of
$23,300,000 as proposed by the House and $14,100,000 as
proposed by the Senate. The conference agreement provides funds
for aviation accident investigation costs, NTSB travel and
overtime, and for assistance to families of aviation accident
victims as authorized by the Federal Aviation Reauthorization
Act of 1996. Of the total provided, no more than $6,059,000
shall be available to reimburse the State of New York and local
counties for the costs they incurred while assisting in the TWA
Flight 800 accident investigation; no more than $3,100,000
shall be available to reimburse Metropolitan Dade County,
Florida for costs it incurred as a result of the crash of
ValuJet Flight 592; and no more than $300,000 shall be
available to reimburse Monroe County, Michigan for the costs it
incurred as a result of the crash of Comair Flight 3272. Before
distributing these funds, NTSB shall verify the appropriateness
of individual reimbursement requests to assure that these funds
compensate local and state entities for the extraordinary,
incremental costs related to the investigations. Funds shall be
available only to the extent an official budget request
designating the funds provided as an emergency is transmitted
by the President. Of the total provided, $4,877,000 shall
remain available until expended.
Although the conferees recognize that the recovery and
accident-related costs of the TWA, ValuJet, and Comair
tragedies have been significant and have provided sufficient
funding to compensate the affected parties for these costs, the
conferees agree that these reimbursements shall be a one-time
occurrence. The NTSB has heretofore not been responsible for
nor has it reimbursed local entities for wreckage and victim
recovery or victim identification costs. As a general rule, the
carrier's insurance underwriter has paid for wreckage recovery
unless the aircraft crashed into water. Insurance coverage for
victim recovery is a rare exception. In the past, such recovery
activities have been the responsibility of state and local
governments. However, following the passage of the Aviation
Disaster Family Assistance Act of 1996, the carriers'
underwriters have assumed that the NTSB is responsible for
these expenses. The conferees believe that this is not the
intent of the Aviation Disaster Family Assistance Act. The
conferees further believe that the Chairman of the NTSB, the
Secretary of Transportation, and the appropriate authorizing
committees of Congress should take necessary action to address
this situation so that a long-term approach that fairly
allocates these costs to the aviation industry and the
carriers' underwriters can be instituted. The Chairman of the
NTSB and the Secretary of Transportation shall report to the
House and Senate Committees on Appropriations and the
appropriate authorizing committees of Congress not later than
August 1, 1997, on their recommendations. Further, the Chairman
of the NTSB and the Secretary of Transportation shall work to
secure voluntary payment for any costs reimbursed under this
provision from the involved airlines and the carriers'
underwriters.
The conference agreement also requires that the NTSB
reimburse the Department of the Navy no more than $10,330,000
from the total appropriation for the costs it incurred in
connection with the TWA Flight 800 investigation.
general provisions, chapter 8
Section 8001. The conference agreement modifies language
proposed by the House that corrects an enrolling error in the
Department of Transportation and Related Agencies
Appropriations Act, 1997, relating to federal transit funds
made available to DeKalb County, Georgia, as proposed by the
Senate.
Section 8002. The conference agreement modifies language
proposed by the House that corrects an enrolling error in the
Department of Transportation and Related Agencies
Appropriations Act, 1997, relating to user fees of the Bureau
of Transportation Statistics as proposed by the Senate.
Section 8003. The conference agreement includes language
proposed by both the House and Senate that makes available
$500,000 in additional contract authority for Section 410
alcohol-impaired driving prevention incentive grants.
Section 8004. The conference agreement includes language
proposed by the House that authorizes the National Driver
Register for fiscal year 1997. The Senate bill contained no
similar provision.
The conference agreement deletes language proposed by the
Senate that would have exempted general aviation operations and
Canada-to-Canada and Mexico-to-Mexico overflights from the
overflight user fee if those two countries do not impose
similar charges on flights operated by U.S. citizens. However,
the conferees are concerned that the Federal Aviation
Administration (FAA) would collect user fees under the interim
final rule from general aviation users before certifying to the
Congress that the anticipated fees from general aviation
sources exceed the cost of administering the international
overflight fee on general aviation users and other costs to the
government of implementing the interim final rule on the
general aviation community. The conferees are also concerned
about the implications of the proposed Canada-to-Canada and
Mexico-to-Mexico overflight fees in light of the objections of
the CanadianGovernment and the international community. The FAA
should work with the international community to ensure that the
international obligations of the United States are adhered to. The
House bill contained no similar provision.
The conference agreement also deletes, without prejudice,
language proposed by the Senate that would authorize at least
$50,000,000 in overflight user fees in fiscal year 1998 and
each year thereafter. The FAA has assured the conferees that
the anticipated revenues from international overflight user
fees under the interim final rule for a full year are estimated
to be in excess of $50,000,000. The House bill contained no
similar provision.
CHAPTER 9
TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT
Department of the Treasury
departmental offices
salaries and expenses
The Senate provided a supplemental of $1,950,000 and
directed that the amount be used to compensate the city and
county of Denver and the State of Colorado law enforcement
agencies for costs associated with continuing to provide
security support to Federal agencies for the Oklahoma City
bombing trial while concurrently hosting the Summit of Eight.
The House did not address this issue. The conferees have agreed
to make these funds available, as proposed by the Senate.
The conferees are concerned that the State of Colorado,
the County of Denver, and the City of Denver law enforcement
agencies are facing extraordinary burdens associated with the
security requirements of the Oklahoma City bombing trial while
concurrently hosting an international event the magnitude of
the Summit of Eight scheduled for June of 1997. The conferees
recognize that hosting an event that includes eight heads of
states and their accompanying delegations while simultaneously
providing security surrounding a domestic terrorism trial is
both extraordinary and unprecedented. The conferees have
therefore included up to $1,950,000 to reimburse the State of
Colorado, the County of Denver, and the City of Denver law
enforcement agencies for costs associated with these events.
The conferees have made this one time expenditure subject to
verification by the Secretary of Treasury and expect that
reimbursement will be made for only those expenses that are
determined to be appropriate.
United States Customs Service
The House included a provision making $16,000,000 of
fiscal year 1997 funds appropriated for Counter-Terrorism and
Drug Law Enforcement available until September 30, 1998. The
Senate did not include this provision. The conferees agree to
make these funds available until September 30, 1998, as
proposed by the House.
U.S. Postal Service
payment to the postal service fund
The House provided a $5,300,000 supplemental for payments
to the Postal Service Fund for the revenue forgone program. The
Senate provided $5,383,000, the amount requested by the
Administration. The conferees agree to provide $5,383,000, as
proposed by the Senate.
General Provisions, Chapter 9
montgomery, alabama courthouse
The Senate included a provision which authorizes the
General Services Administration to proceed with the
construction of the U.S. Courthouse in Montgomery, Alabama. The
House did not address this issue. The conferees agree to
authorize the GSA to proceed with the construction of this
project, as proposed by the Senate.
restriction on funds used to enforce electronic funds tax transfer
system
The Senate included a provision which places a six month
prohibition on the use of funds to impose or collect any
Internal Revenue Service (IRS) penalty on small businesses
which have failed to comply with the electronic funds transfer
program. The House did not address this issue. The conferees
agree to the House position and do not include this provision.
repeal of section 1555 of the Federal Acquisition Streamlining Act
(FASA)
The Senate included a provision repealing Section 1555 of
the Federal Acquisition Streamlining Act of 1994 (P.L. 103-
355). The House did not address this issue. The conferees agree
to modify the Senate provision by extending the current
moratorium until the date of adjournment of the 1st session of
the 105th Congress.
The conferees received a great deal of input on this
issue from a variety of interest groups, the Office of
Management and Budget, and various Congressional committees.
This input was often conflicting. Therefore, the conferees
agree that the most prudent course of action is to allow the
authorizing committees of jurisdiction to conduct hearings on
this issue and to address any required remedy in separate
legislation.
The conferees are distressed that those with conflicting
interests and concerns could not aid in coming to a compromise
on this issue. The potential cost savings which could be
realized by state and local governments through the purchase of
supplies and equipment, especially in the area of medical
supplies and equipment, is considerable. However, there is
great concern that cost savings currently experienced by the
Federal government could be reduced if these schedules were
opened up to other large government organizations.
The conferees are especially distressed that this
compromise means that drugs used to treat HIV and HIV-related
illnesses will not be offered to state and local governments
and Public Health Hospitals. However, the conferees agree that,
at this time, this issue, as well as issues involving the
impact on state and local governments and small businesses,
must be addressed by the appropriate Congressional oversight
committees.
procurement of distinctive currency paper
The House included a provision to clarify Congressional
intent respecting procurement of distinctive currency paper.
The Senate did not include this provision. The conferees agree
to modify the House provision by prohibiting the award of a new
contract for the production of distinctive currency paper until
certain requirements are met, limiting the ``bridge'' contract
to 24 months, and requiring the Secretary of the Department of
the Treasury to certify that the price under the terms of any
``bridge'' contract is fair and reasonable and that the terms
of any ``bridge'' contract are customary and appropriate
according to Federal procurement regulations. The Secretary is
also required to report to the Committees on Appropriations on
the price and profit levels of any ``bridge'' contract at the
time of certification.
The Bureau of Engraving and Printing (BEP) and the
Department of the Treasury have had a 117-year virtual sole-
source supplier of distinctive currency paper. The result is
that the federal government has a single supplier of
distinctive currency paper. The conferees believe the Congress
should have a neutral-party assessment of the potential for
disruption of currency paper production with a sole-source
supplier and the optimum circumstances for government
procurement of distinctive currency paper, including the
benefits and costs and the advantages and disadvantages which
might accrue from competition in the procurement of distinctive
currency paper.
The Department of the Treasury prohibited the BEP from
furnishing capital to contractors to induce competition, which
was contained in Solicitation No. BEP-96-13 (TN). The
Department of the Treasury directed the BEP to issue
Solicitation No. BEP-97-13 (TN) which does not furnish capital
to contractors to induce competition. Solicitation No. BEP-97-
13 (TN) seeks bidders for a four-year, multi-hundred-million
dollar contract, which commences on October 1, 1998.
The conferees agree that before the contract for this
solicitation can be awarded, additional information and the
opportunity for Congressional oversight is required. Therefore,
the conferees have modified the House bill to prohibit the BEP
and the Department of the Treasury from awarding the contract
for the current solicitation until the General Accounting
Office (GAO) has conducted a comprehensive analysis of the
optimum circumstances for government procurement of distinctive
currency paper and has reported its findings to the House and
Senate Committees on Appropriations. The conference provision
also limits the ``bridge'' contract to 24 months, and requires
the Secretary of the Department of the Treasury to certify that
the price under the terms of any ``bridge'' contract is fair
and reasonable and that the terms of any ``bridge'' contract
are customary and appropriate according to Federal procurement
regulations. The ``bridge'' contract is necessary to ensure the
supply of currency paper until such time as the aforementioned
restrictions are removed.
The conferees direct the GAO to report on the current
limitations on competition in currency paper procurement; the
fairness and reasonableness of prices paid for currency paper
and passport paper; possible alternatives to the current
procurement situation, including the impact of Federal
acquisition guidelines on supply competition; the potential for
disruption of U.S. currency paper and passport paper supplies
by the inability of the single government supplier to meet
contract requirements and the adequacy of contingency supply
arrangements made by the single government supplier, the impact
of security requirements, especially the need for Federal law
enforcement agencies to monitor paper production and security
features, on any contract arrangements; the role of the Bureau
of Engraving and Printing and the Department of the Treasury in
the development of competitive proposals for the production of
currency paper; and the impact of capitalization requirements
on distinctive currency paper contracts.
emergency leave transfer for federal employees
The House bill includes a provision which establishes an
emergency leave transfer program for Federal employees who are
adversely affected by disasters and emergencies. The Senate did
not include this provision. The conferees agree to include this
provision, as proposed by the House.
prohibition on the use of funds to study of the medicinal use of
marijuana
The House bill includes a provision which prohibits the
use of funds in this Act for the study of the medicinal use of
marijuana. The Senate did not include this provision. The
conferees agree to the Senate position.
CHAPTER 10
VA, HUD, AND INDEPENDENT AGENCIES
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
Inserts language appropriating $928,000,000 for
compensation and pensions, instead of language appropriating
$753,000,000 as proposed by the House and the Senate. The
increase of $175,000,000 above the original supplemental
estimate of $753,000,000 was recently requested by the
Department of Veterans Affairs due to higher than expected
payment costs. The VA indicates the additional funds will
ensure adequate funding for compensation and pensions payments
through the remainder of this fiscal year.
administrative provisions
Inserts language proposed by the Senate authorizing
$12,300,000 for the parking facility component of the
ambulatory care addition project at the Cleveland VA Medical
Center.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
Inserts language proposed by the Senate to reallocate
$1,000,000 from a special purpose grant provided in P.L. 102-
139 for Ashland, Kentucky.
preserving existing housing investment
Provides $3,500,000 as proposed by the House to correct a
technical error which resulted in excluding inadvertently the
Valley Vista Property in Syracuse, New York, from inclusion in
the statutory standard for preservation carve-out properties.
Without this correction, this 124-unit property would convert
to elderly apartments or to a congregate care facility,
increasing the chance that the current low-income residents,
all of whom are elderly, could be displaced.
drug elimination grants for low-income housing
Deletes language proposed by the House to provide
$30,200,000 for Drug Elimination Grants for Low-Income Housing
by transfer from the Homeownership and Opportunity for People
Everywhere Grants (HOPE) account.
capacity building for community development and affordable housing
(transfer of funds)
Transfers $30,200,000 as proposed by the Senate, with
modifications, from the Homeownership and Opportunity for
People Everywhere Grants (HOPE) account to the National
Community Development Initiative (NCDI) for capacity building
activities. This issue is further addressed under general
provisions, section 10004.
Community Planning And Development
community development block grants fund
Amends language proposed by the House and the Senate by
providing $500,000,000 for community development block grants
(CDBG) funds, of which $250,000,000 shall become available in
fiscal year 1998. These funds are limited to buyouts,
relocation, long-term recovery, and mitigation in communities
affected by disasters occurring during fiscal year 1997 and
other disasters that were designated 30 days prior to the start
of fiscal year 1997. While the immediacy of reacting to a
disaster event is often the focus of attention, the conferees
are well aware that long-term recovery efforts are necessary to
truly remedy the social and economic impacts of natural
disasters. Whether relocating an upper Midwest town ravaged by
floods, helping to rebuild a small Southern town ripped by a
tornado, or replacing farm worker dwellings destroyed by
flooding in the West, the conferees understand the importance
that a community places in providing emergency funds to meet
these challenges. The Department is thus urged to give full
consideration to all appropriate applications for assistance.
In addition, the conferees make clear that these CDBG
funds may not be used for activities that are reimbursable by
or for which funds are made available by the Federal Emergency
Management Agency (FEMA), the Small Business Administration, or
the Army Corps of Engineers. Finally, the amount is available
only if the President transmits a budget request that meets the
emergency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985.
The conferees recommend retaining language suggested by
the House and the Senate (1) to allow the Secretary to waive
certain statutes or regulations if necessary; (2) to require
the Secretary to publish a notice of the Federal Register if
CDBG funds are used in conjunction with any program
administered by FEMA for buyouts in disaster areas; (3) to
require the submission of a plan if a State or local government
receives funds used for buyouts; and (4) to require HUD and
FEMA to submit quarterly reports in the event any funds are
used for buyouts.
Finally, to ensure the speedy distribution of CDBG funds,
the language provides the Secretary with authority to waive
provisions requiring that activities be limited to low- and
moderate-income families. This authority is granted only on a
case-by-case basis.
Management and Administration
salaries and expenses
Directs HUD to provide $1,000,000 from its Salaries and
Expenses account to fund a review of Departmental management
systems. While the conferees are pleased that the Secretary has
stated that improving HUD's management deficiencies is one of
his priorities, it is impossible to overlook the fact that the
Department remains designated ``high risk'' by the General
Accounting Office. Therefore, HUD is directed to enter into a
contract with the National Academy of Public Administration
(NAPA) no later than one month after this legislation is
enacted to review HUD's contracting procedures, basic
administrative organization, and the development of personnel
needs based on meaningful measures. The conferees expect NAPA
to submit their report to the House and Senate Committees on
Appropriations by March 1, 1998.
The Senate had proposed $1,500,000 for this purpose, the
House had no comparable provision.
INDEPENDENT AGENCIES
Environmental Protection Agency
buildings and facilities
Inserts language proposed by the House regarding EPA's
Center for Ecology Research and Training instead of similar
language proposed by the Senate.
hazardous substance superfund
The conferees have deleted language included in section
333 of the Senate bill which required that the Agency for Toxic
Substances and Disease Registry (ATSDR) conduct certain studies
regarding childhood cancer in Dover Township, New Jersey,
authorized grants to the State of New Jersey, and authorized a
specific appropriation for these purposes. The conferees agree
that this provision is unnecessary because additional statutory
authority is not needed for ATSDR to conduct such studies,
provide grants, or for the Congress to provide appropriations.
The conferees have in fact already appropriated some $1,200,000
for ATSDR to conduct various studies in this regard, and fully
expect to provide the future resources necessary for EPA,
ATSDR, and the State of New Jersey to investigate fully and
completely this situation and provide appropriate remedies and
restoration activities.
State and Tribal Assistance Grants
Inserts language proposed by the Senate which permits EPA
to use funds appropriated for State or tribal grants to
implement certain grant programs in the absence of an
acceptable State or tribal program.
Federal Emergency Management Agency
Disaster Relief
Provides $3,300,000,000 for disaster relief instead of
$3,100,000,000 as proposed by the Senate and $3,067,677,000 as
proposed by the House. Of the approved amount, $2,300,000,000
will become available on September 30, 1997, but only after the
Director of FEMA submits to the Congress a legislative proposal
to control disaster relief costs. The conferees have also
included language proposed by the Senate which provides
authority to FEMA to transfer up to $20,000,000 from the
Disaster Relief Fund to the Disaster Assistance Direct Loan
Program for emergency education operations assistance. Any such
transfer of funds to the Community Disaster Loan Program shall
be solely for loans to municipal governments in communities
stricken by federally-declared disasters in which school
districts have incurred unanticipated requirements because of
the displacement of students whose schools were damaged or
destroyed by the disaster. The Committees on Appropriations are
to be notified by FEMA of any transfer of funds for this
purpose.
Salaries and Expenses
Deletes language proposed by the House to provide
additional funds for salaries and expenses and deletes language
proposed by the Senate to rescind salary and expense funds
provided in Public Law 102-368.
The conferees understand that there may be a need for
full-time Federal Coordinating Officers (FCO) to manage
disaster response and recovery activities in the ten regions.
At present, FEMA does not employ individuals with sole
responsibility for federal coordinating officer activities.
Individuals tapped to act as FCOs are detailed away from their
normal day-to-day responsibilities, sometimes for months at a
time, and often must abandon routine duties entailed in their
official job. This has been disruptive and counterproductive at
times. FEMA has been considering how to address this issue,
including the possibility of hiring full-time FCOs, and the
conferees are not necessarily opposed to this option. The
conferees therefore direct FEMA to submit its plan for
addressing the need for full-time FCOs to the Committees on
Appropriations prior to mark-up of the fiscal year 1998
appropriations bill. The conferees expect to be fully apprised
of any changes in policy or procedure, such as using disaster
relief funds for full-time employees, with respect to this
issue.
Emergency Management Planning and Assistance
The conferees note that recent floods in Northern
California have highlighted the lack of critical information
relating to the levees and topography of the Sacramento and San
Joaquin valleys. In this regard, the conferees are aware that
new technologies which have previously been available only in a
military context may prove particularly useful and cost-
effective in providing this critical information in California
as well as in other ares of the nation where flooding has been
a recurring problem. One such technology is the so-called
IFSAR-E digital mapping service.
Because of the potential benefits of the use of this
technology, the conferees direct FEMA to review fully the
matter and report back to the Committees on Appropriations
within 30 days of enactment of this Act on the viability of
using this and/or other technologies to assist in these
important mapping requirements. Should FEMA determine that the
IFSAR-E technology is in fact useful and appropriate, the
conferees expect FEMA to use such Mitigation Program funds as
are appropriate and which can be charged to the National Flood
Insurance Fund in a manner consistent with FEMA's other flood
mapping programs to enter into, within 60 days of enactment of
this Act, a collaborative demonstration project with the
Defense Advanced Research Projects Agency, the State of
California Department of Conservation's GeoSAR Project, and
Army TEC for the creation of a geographical information system
for the collection, maintenance and analysis of data relevant
to flood threats in the Sacramento and San Joaquin valleys.
Such a project should serve to assess potential
improvements in accuracy and cost effectiveness of applying
this technology broadly in the flood mapping program.
NATIONAL FLOOD INSURANCE FUND
Deletes language proposed by the House which reduced from
30 to 15 the number of days a purchaser of a flood insurance
policy must wait before the policy goes into effect.
GENERAL PROVISIONS, CHAPTER 10
Amends language proposed by the Senate by directing the
Secretary of HUD to provide twice annually a list of all
contracts and task orders in excess of $250,000 entered into by
the Secretary, GNMA, OFHEO, or any officer of HUD or these
offices to the Committees on Appropriations (Sec. 10001).
Amends language proposed by the Senate. The new language
reduces from one year to 180 days the notice period for tenants
when a section 8 contract may not be renewed (Sec. 10002).
Inserts language proposed by the Senate authorizing the
Secretary to increase commitments by 7,500 units under the
Multifamily Risk Sharing Program (Sec. 10003).
Amends language proposed by the Senate providing
$30,200,000 by transfer from the Homeownership and Opportunity
for People Everywhere Grants (HOPE) account to the National
Community Development Initiative (NCDI) for the purpose of
capacity building and technical support for community
development organizations. The language makes a technical
change to include certain participating intermediary
organizations and to conform section 4 of the HUD Demonstration
Act of 1993 to action taken in this supplemental. It is the
intent of the conferees that funds available shall be equally
divided among participating intermediary organizations (Sec.
10004).
Inserts language authorizing HUD to insure a condominium
mortgage in an amount up to 100 percent of the appraised value
of an FHA-approved property, where the mortgagor establishes
that his or her home was destroyed or extensively damaged by a
major disaster (Sec. 10005).
Inserts language amending section 211(b)(4)(B) of HUD's
fiscal year 1997 Appropriations Act to clarify that the
definition of ``owner'' includes not only the actual person or
entity that owns the project, but includes persons or entities
that control the owner, are controlled by the owners, or are
under common control with the owner. This provision will ensure
that HUD is able to opt against renewing contracts with an
owner who has demonstrated a pattern of mismanagement (See.
10006).
CHAPTER 11
OFFSETS AND RESCISSIONS
DEPARTMENT OF AGRICULTURE
Office of the Secretary
FUND FOR RURAL AMERICA
In order to provide assistance to natural disaster
victims and for other high priority needs, savings had to be
achieved which have included a reduction of $20,000,000 in the
Fund for Rural America as proposed in the House bill. The
Senate bill had no similar provision. The conferees are aware
that while a portion of the Fund has been identified for
obligation and, in some cases, announced as obligated, funds do
remain in many of those accounts for which the Fund was used to
supplement. The conferees are also aware of the recent closing
date for research grants to be made available under the Fund
and note the importance this effort will play in furthering a
competitive applied research science base to complement the
more basic research conducted under the NRI. In view of the
importance of the Fund for Rural America, the conferees urge
the Secretary to review all areas he has previously identified
and make adjustments accordingly best to absorb this reduction
in funding so as to minimize the impact on rural America and
best to avoid duplication of research and other activities for
which funds were provided in P.L. 104-108.
The conference agreement deletes House bill language
permitting the use of the Fund for Rural America for the
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC).
Natural Resources Conservation Service
WETLANDS RESERVE PROGRAM
The conference agreement deletes the House provision to
reduce the unobligated balance remaining from the fiscal year
1996 wetlands reserve program by $19,000,000. The Senate bill
contained no similar provision.
Food and Consumer Service
The Emergency Food Assistance Program (TEFAP)
The Administration proposed a reduction for TEFAP
commodity purchases through the food stamp program as an offset
for supplemental requests. The conference agreement reduces the
amount available through the food stamp program for TEFAP
commodity purchases to $80 million as proposed by both the
House and Senate.
Foreign Agricultural Service and General Sales Manager
export credit
The conference agreement reduces the total amount
available for the export credit guarantee program to
$3,500,000,000 as proposed by both the House and Senate.
export enhancement program
The conference agreement retains House bill language
limiting spending for the Export Enhancement Program to $10
million in fiscal year 1997. The Senate bill had a spending
limit of $50 million.
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
The conference agreement includes a rescission of
$6,400,000,000 of unobligated balances in the Department of
Justice Working Capital Fund, as proposed in both the House and
Senate bills.
Legal Activities
assets forfeiture fund
(rescission)
The conference agreement includes a rescission of
$3,000,000 from surplus balances available in the Assets
Forfeiture Fund, as proposed in the House bill, instead of no
rescission as proposed in the Senate bill.
Immigration and Naturalization Service
construction
(rescission)
The conference agreement includes a rescission of
$1,000,000 from unobligated balances from fiscal year 1995
appropriations in the Immigration and Naturalization Service
(INS) Construction account related to the construction of a
permanent checkpoint on Interstate 19, as proposed in the House
bill, instead of no rescission as proposed in the Senate bill.
In addition, the conferees direct the INS to use $20,000
of funds made available from appropriations or fee accounts in
fiscal year 1997 to install videophones in time for the 1997
boating season in the communities of Morristown, Ogdensburg,
Waddington, and Clayton, New York, in order to provide a means
of inspection conducive to the boating traffic along the United
States-Canada border in the St. Lawrence River. In addition,
the conferees direct INS to use up to $100,000 of funds made
available from appropriations or fee accounts in fiscal year
1997 for both an additional automated permit port on the United
States-Canada border at Pittsburg, New Hampshire and an
additional enrollment center at a site to be determined.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
(rescission)
The conference agreement includes a rescission of
$7,000,000 from the unobligated balances under this account for
the Advanced Technology Program, as proposed in the House bill,
instead of no rescission, as proposed in the Senate bill. This
amount has been identified as in excess of requirements for
existing award commitments due to unanticipated awards changes
and project cancellations during the first quarter of fiscal
year 1997.
National Oceanic and Atmospheric Administration
fleet modernization, shipbuilding and conversion
(rescission)
The conference agreement does not include a rescission of
$2,000,000 from this account that was proposed in the House
bill. The Senate bill did not include a rescission from this
account.
RELATED AGENCIES
Federal Communications Commission
salaries and expenses
(rescission)
The conference agreement includes a rescission of
$1,000,000 from the unobligated balances available in this
account, as proposed in the House bill, instead of no
rescission, as proposed in the Senate bill. These funds are
available for rescission due to lower-than-expected staffing
levels and higher-than-anticipated fee recoveries during fiscal
years 1996 and 1997.
Ounce of Prevention Council
(rescission)
The conference agreement includes a rescission of
$1,000,000 from the Ounce of Prevention Council, as proposed in
the House bill, instead of no rescission, as proposed in the
Senate bill.
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction, general
The conference agreement deletes the rescission of
$30,000,000 in Construction, General, funds proposed by the
Senate.
DEPARTMENT OF ENERGY
Energy Programs
energy supply, research and development activities
(rescission)
The conference agreement rescinds $11,180,000 instead of
$22,532,000 as proposed by the House. This rescission reflects
one-half of the level of unobligated carryover balances
available for programs on October 1, 1996. The Department is
directed to reduce programs in accordance with each program's
share of the $11,180,000 as detailed in the following table:
Energy Supply, Research and Development
Solar and Renewable Energy:
Solar energy:
Solar building technology research.............. -193,000
Photovoltaic energy systems..................... -79,000
Solar thermal energy systems.................... -63,000
Biomass/biofuels energy systems................. -325,000
Wind energy systems............................. -14,000
International solar energy program.............. -89,000
Resource assessment............................. -5,000
Geothermal technology development................... -18,000
Hydrogen research................................... -13,000
Hydropower development.............................. -16,000
Program direction................................... -1,374,000
Prior year projects, solar and renewable energy..... -1,419,000
Nuclear energy:
Nuclear energy R&D:
Light water reactor............................. -8,000
Advanced reactor R&D............................ -4,000
Space reactor power systems..................... -22,000
Advanced radioisotope power system.............. -548,000
Oak Ridge landlord.............................. -36,000
Advanced test reactor fusion irradiation........ -23,000
Termination costs................................... -11,000
Soviet design reactor safety program................ -644,000
Program direction................................... -1,298,000
Prior year projects, nuclear energy................. -12,000
Civilian waste research and development............. -238,000
Environment, Safety and Health:
Environment, safety and health...................... -1,497,000
Energy Research:
Fusion energy....................................... -64,000
Basic energy sciences:
Materials sciences.............................. -9,000
Chemical sciences............................... -269,000
Applied mathematical sciences................... -39,000
Engineering and geosciences..................... -25,000
Energy biosciences.............................. -24,000
Other energy research:
Advanced neutron source......................... -2,000
Energy research analyses........................ -166,000
Laboratory technology transfer.................. -19,000
SBIR............................................ -38,000
Program direction............................... -2,100,000
Multiprogram energy labs--facility support
Multiprogram general purpose facilities..... -1,000
Energy Support Activities:
University and science education programs:
Laboratory cooperative science centers.......... -9,000
University programs............................. -1,000
Technical information management program............ -100,000
In-house energy management.......................... -187,000
Environmental Restoration & Waste Mgmt. (Non-defense)
Waste management.................................... -132,000
Nuclear materials and facilities stabilization...... -46,000
--------------------------------------------------------
____________________________________________________
Total, Energy Supply, Research and
Development............................... -11,180,000
========================================================
____________________________________________________
power marketing administrations
construction, rehabilitation, operation and maintenance, western area
power administration
(rescission)
The conference agreement rescinds $11,352,000 from this
account. The rescission reflects funds that are available and
would otherwise be carried forward to supplement funds
appropriated in fiscal year 1998.
DEPARTMENT OF ENERGY
Clean Coal Technology
(rescission)
The conference agreement includes a rescission of
$17,000,000 in clean coal technology funding as proposed by the
House and the Senate.
Strategic Petroleum Reserve
(rescission)
The conference agreement includes a rescission of
$11,000,000 in strategic petroleum reserve funding as proposed
by the House and Senate.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
job opportunities and basic skills
(rescission)
The conference agreement includes a provision contained
in both the House and Senate bills rescinding unused fiscal
year 1997 funds under the Job Opportunities and Basic Skills
(JOBS) program.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Grants-in-aid for Airports
(airport and airway trust fund)
(rescission of contract authorization)
Rescinds $750,000,000 in contract authority instead of
$778,000,000 as proposed by the Senate. The House bill
contained no similar rescission. The conference agreement
rescinds contract authority that is not available for
obligation due to annual limits on obligations.
National Highway Traffic Safety Administration
Highway Traffic Safety Grants
(highway trust fund)
(rescission of contract authorization)
Rescinds $13,000,000 in contract authority instead of
$10,600,000 as proposed by the Senate. The House bill contained
no similar rescission. The conference agreement rescinds
contract authority that is not available for obligation due to
annual limits on obligations.
Federal Transit Administration
Trust Fund Share of Expenses
(highway trust fund)
(rescission of contract authorization)
Rescinds $271,000,000 in contract authority as proposed
by the Senate. The House bill contained no similar rescission.
The conference agreement rescinds contract authority that is
not available for obligation due to annual limits on
obligations.
Discretionary Grants
(highway trust fund)
(rescission of contract authorization)
Rescinds $588,000,000 in contract authority as proposed
by the Senate. The House bill contained no similar rescission.
The conference agreement rescinds contract authority that is
not available for obligation due to annual limits on
obligations.
GENERAL SERVICES ADMINISTRATION
Federal Buildings Fund--Repairs and Alterations
(rescission)
(limitation on expenses)
Agricultural Research Service Laboratory
The House included a rescission of $1,400,000 from funds
made available in fiscal year 1997 for renovation of the
Agricultural Research Service Laboratory in Ames, Iowa. The
Senate did not include this rescission. The conferees agree
with the Senate position. However, the conferees wish to
restate the original Congressional position that the $8,000,000
provided in fiscal year 1997 shall be available only for the
purpose for which it was appropriated: the renovation of an
existing Agricultural Research Service (ARS) Laboratory. These
funds may not be used for the construction of a new facility
for use by any part of the Department of Agriculture. The
Department of Agriculture is responsible for the construction
of any such facilities.
The Administrator of the General Services shall provide a
renovation status report on the ARS Laboratory to the House and
Senate Committees on Appropriations within 60 days of enactment
of this Act.
Presidential Transition
(rescission)
Both the House and the Senate included a rescission of
$5,600,000 from the amount appropriated in fiscal year 1997 for
Presidential Transition. The conferees agree to include this
rescission.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
Annual Contributions for Assisted Housing
(including rescission)
Rescinds $3,650,000,000 from excess section 8 reserve
funds as proposed by the Senate instead of $3,823,440,000 as
proposed by the House. The conferees have provided a Section 8
Reserve Preservation Account to ensure that adequate funding
resources are present to cover a $5,600,000,000 budget
authority shortfall expected in fiscal year 1998. Additionally,
HUD must be able to account for the funds appropriated for the
section 8 rental assistance programs. Therefore, the conferees
recommend that GAO conduct an audit of HUD's budgeting and
accounting systems for the section 8 rental assistance programs
to ensure that unexpended funds do not reach unreasonable
levels and that appropriated amounts are spent in a timely
manner.
Federal Housing Administration
fha--general and special risk program account
Deletes language proposed by the Senate to rescind
$85,000,000 from available negative credit subsidy funds
resulting from the sale of mortgage notes.
National Aeronautics And Space Administration
national aeronautical facilities
(rescission)
Rescinds $365,000,000 as proposed by the Senate instead
of $38,000,000 as proposed by the House. The funds are
available because NASA has decided to pursue improvements in
the Nation's testing capability using lower cost technologies
and computational methods which do not require construction of
new facilities at this time.
funds appropriated to the president unanticipated needs
(rescission)
Rescinds $4,200,000 as proposed by the Senate. The House
did not have a rescission proposal for this account. The funds
are available for rescission because the cost of repair of
contractor facilities as a result of the Northridge, CA
earthquake was less than anticipated.
TITLE III
General Provisions--This Act
buy america
The conference agreement includes a House provision on
``Buy America.'' This provision is substantially the same as
ones included in recent regular appropriations acts.
universities affected by floods
The conferees have directed the Office of Management and
Budget to work with Federal agencies to support the extension
and revision of Federal grants, contracts, and cooperative
agreements with universities, or which flow to the universities
through other entities, in designated Federal disaster areas
where work was suspended due to severe flooding. It is the
conferees understanding that these floods have severely damaged
university buildings, research equipment, supplies, and
documents, and it may be some time before work can recommence
on their Federal grants, contracts, or cooperative agreements.
Therefore, OMB is directed to ensure that the relevant Federal
agencies work closely with university officials to assess and
to compensate for the full impact of the flood disaster on all
aspects of the grants, contracts, and cooperative agreements,
including the revision of such agreements and the extension of
time required to complete the tasks, redefining the scope of
the tasks, payment of salaries and benefits, and other
assistance, as appropriate, to reactivate university research
laboratories and facilities as quickly as possible.
TITLE IV
Cost of Higher Education Review
The conference agreement modifies a provision proposed by
the House which authorizes $650,000 for the National Commission
on the Cost of Higher Education which is funded in Title II,
Chapter 6 of this Act. The agreement expands the membership of
the Commission from seven as proposed in the House bill to
eleven as follows: three each appointed by the Speaker of the
House and the Majority Leader of the Senate, two each appointed
by the Minority Leaders of the House and Senate, and one by the
Secretary of Education. The agreement also deletes a provision
proposed by the House to offset the cost of the Commission by
rescinding $849,000 from Federal Family Education Loan
administrative appropriations. The Senate bill did not contain
similar provisions.
TITLE V
Depository Institution Disaster Relief
Both the House and Senate passed bills contain similar
language providing regulatory flexibility for banks and other
depository institutions to meet better the unique credit and
banking needs of communities affected by the flooding of the
Red River of the North, the Minnesota River, and the
tributaries of such rivers. The conference report inserts the
House version of this legislation amended by a Sense of the
Congress that regulators should waive certain appraisal
requirements for loans on real property located within the
disaster areas as proposed by the Senate.
TITLE VI
Technical Amendments With Respect to Education
The conference agreement includes several technical
provisions with respect to education. The conference agreement
amends the Elementary and Secondary Education Act to (1) extend
by one year the date by which the Title I evaluation must be
completed, (2) deem Kansas and New Mexico to have made timely
submission required by section 8009 of the Act, (3) extend hold
harmless payments under section 2 of the Impact Aid program,
(4) change the year for which data shall be used to calculate
payments under section 8003(f) of the Act, (5) amend the
formula for making certain payments under section 8002 of the
Act, and (6) deem as timely filed the submission of certain
applications filed under section 8003 of the Act. The
conference agreement also amends the Higher Education Act to
change the period for which certain institutions must report
graduation rates.
The Senate bill contained the same provisions except
those relating to the formula for making certain payments under
section 8002 of the Elementary and Secondary Education Act and
the timely submission of certain applications made under
section 8003 of the Act. The House bill did not contain any
similar provisions.
TITLE VII
Food Stamp Program
The conference agreement amends the language proposed by
the Senate that would allow States to reimburse USDA for all
costs related to the purchase and distribution of food stamps
to continue benefits to legal immigrants. The House bill
contained no similar provision.
TITLE VIII
2000 Decennial Census
The conference agreement includes a provision amending
Section 141 of Title 13 of the United States Code to prohibit
the use of sampling or any other statistical procedure,
including any statistical adjustment, in any determination of
population for the purposes of apportionment, and to prohibit
the expenditure of any funds to plan or otherwise prepare for
the use of sampling or any other statistical procedure,
including statistical adjustment, for such purposes.
The Senate bill proposed a provision in Section 302
prohibiting any fiscal year 1997 funds available to the
Department of Commerce from being used to make irreversible
plans or preparations for the use of sampling or any other
statistical method, including statistical adjustment, in taking
the 2000 decennial census for the purposes of apportionment.
The House bill did not address this matter.
TITLE IX
Government Shutdown Prevention Act
The conference agreement includes a provision contained
in both the House and Senate versions of the bill that would
provide automatic spending authority for those functions of
government funded through regular appropriations bills in the
event any of those bills are not enacted by the beginning of
the fiscal year.
The total new budget (obligational) authority for the
fiscal year 1997 recommended by the Committee of Conference,
with comparisons to the fiscal year 1997 budget estimates, and
the House and Senate bills for 1997 follow:
Budget estimates of new (obligational) authority,
fiscal year 1997................................... 975,324,000
House bill, fiscal year 1997........................ 1,678,834,000
Senate bill, fiscal year 1997....................... 136,035,000
Conference agreement, fiscal year 1997.............. 561,670,600
Conference agreement compared with:
Budget estimates of new (obligational)
authority, fiscal year 1997........................ -413,653,400
House bill, fiscal year 1997.................... -1,117,163,400
Senate bill, fiscal year 1997................... +425,635,600
Bob Livingston,
Joseph M. McDade,
Bill Young,
Ralph Regula,
Jerry Lewis,
John Edward Porter,
Harold Rogers,
Joe Skeen,
Frank R. Wolf,
Jim Kolbe,
Ron Packard,
Sonny Callahan,
James T. Walsh,
Charles H. Taylor,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Arlen Specter,
Pete V. Domenici,
Christoper S. Bond,
Slade Gorton,
Mitch McConnell,
Conrad Burns,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Ben Nighthorse Campbell,
Larry Craig,
Lauch Faircloth,
Kay Bailey Hutchison,
Managers on the Part of the Senate.