[104th Congress Public Law 208]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ208.104]
[[Page 110 STAT. 3001]]
*Public Law 104-208
104th Congress
An Act
Making omnibus consolidated appropriations for the fiscal year ending
September 30, 1997, and for other purposes. <<NOTE: Sept. 30,
1996 - [H.R. 3610]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Omnibus Consolidated Appropriations
Act, 1997.>> in Congress assembled,
DIVISION A
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the several departments,
agencies, corporations and other organizational units of the Government
for the fiscal year 1997, and for other purposes, namely:
TITLE I--OMNIBUS APPROPRIATIONS
Sec. 101. (a) For programs, projects or activities in the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997, provided as follows, to be effective
as if it had been enacted into law as the regular appropriations Act:
AN <<NOTE: Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1997.>> ACT
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 1997, and for other purposes.
TITLE I--DEPARTMENT <<NOTE: Department of Justice Appropriations Act,
1997.>> OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $75,773,000 of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $7,477,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these offices in
fiscal year 1996: Provided further, That not to exceed 41 permanent
positions and 48 full-time equivalent workyears and $4,660,000 shall be
expended for the Offices of Legislative Affairs and Public Affairs:
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*Note: This is a typeset print of the original hand enrollment
as signed by the President on September 30, 1996. The text is
printed without corrections. Missing text in the original is
indicated by a footnote.
[[Page 110 STAT. 3009-1]]
Provided further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis.
For an additional amount, for enhancements for the Office of
Intelligence Policy and Review and security measures, $3,600,000; of
which $2,170,000 is for security enhancements: 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.
counterterrorism fund
For necessary expenses, as determined by the Attorney General,
$9,450,000, to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of the bombing of the Alfred
P. Murrah Federal Building in Oklahoma City or any domestic or
international terrorist incident, (2) the costs of providing support to
counter, investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these activities, and
(3) the costs of conducting a terrorism threat assessment of Federal
agencies and their facilities: Provided, That funds provided under this
heading shall be available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
For an additional amount for necessary expenses, as determined by
the Attorney General, $20,000,000, to remain available until expended,
to reimburse any Department of Justice organization for (1) the costs
incurred in reestablishing the operational capability of an office or
facility which has been damaged or destroyed as a result of any domestic
or international terrorist incident, or (2) the costs of providing
support to counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with these
activities: 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.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities, $62,000,000.
For an additional amount for security measures for the Executive
Office of Immigration Review, $1,000,000: 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.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322),
[[Page 110 STAT. 3009-2]]
as amended, $48,000,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $31,960,000; including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character, to be expended under the
direction of, and to be accounted for solely under the certificate of,
the Attorney General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general purchase
price limitation for the current fiscal year.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $4,845,000.
Legal Activities
salaries and expenses, general legal activities
For expenses, necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia; 420,793,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the funds available in this appropriation, not to
exceed $17,525,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount appropriated,
not to exceed $1,000 shall be available to the United States National
Central Bureau, INTERPOL, for official reception and representation
expenses: Provided further, That notwithstanding 31 U.S.C. 1342, the
Attorney General may accept on behalf of the United States, and credit
to this appropriation, gifts of money, personal property and services,
for the purposes of hosting the International Criminal Police
Organization's (INTERPOL) American Regional Conference in the United
States during fiscal year 1997: Provided further, That not to exceed 8
permanent positions and 10 full-time equivalent workyears and $987,000
shall be expended for the Office of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforementioned offices
shall not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or any other
type of formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 as amended, not to exceed
[[Page 110 STAT. 3009-3]]
$4,028,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
For an additional amount for expenses of the Criminal Division
relating to terrorism, $1,719,000: 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.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum applicants, as
authorized by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended, $7,750,000, to
remain available until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $76,447,000: Provided, That notwithstanding any other
provision of law, not to exceed $58,905,000 of offsetting collections
derived from fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a))
shall be retained and used for necessary expenses in this appropriation,
and shall remain available until expended: Provided further, That the
sum herein appropriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1997, so as to
result in a final fiscal year 1997 appropriation from the General Fund
estimated at not more than $17,542,000: Provided further, That any fees
received in excess of $58,905,000 in fiscal year 1997, shall remain
available until expended, but shall not be available for obligation
until October 1, 1997.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental agreements, $923,340,000; of
which not to exceed $2,500,000 shall be available until September 30,
1998, for the purposes of (1) providing training of personnel of the
Department of Justice in debt collection, (2) providing services to the
Department of Justice related to locating debtors and their property,
such as title searches, debtor skiptracing, asset searches, credit
reports and other investigations, (3) paying the costs of the Department
of Justice for the sale of property not covered by the sale proceeds,
such as auctioneers' fees and expenses, maintenance and protection of
property and businesses, advertising and title search and surveying
costs, and (4) paying the costs of processing and tracking debts owed to
the United States Government: Provided, That of the total amount
appropriated, not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further, That not to
exceed $10,000,000 of those funds available for automated litigation
support contracts shall remain available until expended: Provided
further, That $1,900,000 for supervision of the International
Brotherhood of Teamsters national election, shall remain available until
expended: Provided further, That in addition to reimbursable full-time
equivalent workyears available to the Office of the United States
Attorneys,
[[Page 110 STAT. 3009-4]]
not to exceed 8,652 positions and 8,936 full-time equivalent workyears
shall be supported from the funds appropriated in this Act for the
United States Attorneys.
For an additional amount for expenses relating to terrorism and
security needs, $10,900,000: 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.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005, 190001(b),
190001(d) and 250005 of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), as amended, and section 815 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), $43,876,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund, of which
$28,602,000 shall be available to help meet the increased demands for
litigation and related activities, $4,641,000 for Southwest Border
Control, $1,000,000 for Federal victim counselors, and $9,633,000 for
expeditious deportation of denied asylum applicants.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized by 28 U.S.C. 589a(a), $107,950,000, to remain available until
expended and to be derived from the United States Trustee System Fund:
Provided, That notwithstanding any other provision of law, deposits to
the Fund shall be available in such amounts as may be necessary to pay
refunds due depositors: Provided further, That notwithstanding any other
provision of law, $107,950,000 of offsetting collections derived from
fees collected pursuant to 28 U.S.C. 589a(b) shall be retained and used
for necessary expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated from the
Fund shall be reduced as such offsetting collections are received during
fiscal year 1997, so as to result in a final fiscal year 1997
appropriation from the Fund estimated at $0: Provided further, That any
such fees collected in excess of $107,950,000 in fiscal year 1997 shall
remain available until expended but shall not be available for
obligation until October 1, 1997.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $953,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of vehicles
and aircraft, and the purchase of passenger motor vehicles for police-
type use, without regard to the general purchase price limitation for
the current fiscal year, $457,495,000, as authorized by 28 U.S.C.
561(i); of which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which
[[Page 110 STAT. 3009-5]]
not to exceed $4,000,000 for development, implementation, maintenance
and support, and training for an automated prisoner information system,
and $2,200,000 to support the Justice Prisoner and Alien Transportation
System, shall remain available until expended: Provided, That, with
respect to the amounts appropriated above, the service of maintaining
and transporting State, local, or territorial prisoners shall be
considered a specialized or technical service for purposes of 31 U.S.C.
6505, and any prisoners so transported shall be considered persons
(transported for other than commercial purposes) whose presence is
associated with the performance of a governmental function for purposes
of 49 U.S.C. 40102: Provided further, That not to exceed 12 permanent
positions and 12 full-time equivalent workyears and $700,000 shall be
expended for the Offices of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of personnel on
either a reimbursable or nonreimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis.
violent crime reduction programs, united states marshals service
For activities authorized by section 190001(b) of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $25,000,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund.
federal prisoner detention
For expenses, related to United States prisoners in the custody of
the United States Marshals Service as authorized in 18 U.S.C. 4013, but
not including expenses otherwise provided for in appropriations
available to the Attorney General, $405,262,000, as authorized by 28
U.S.C. 561(i), to remain available until expended: Provided, That this
appropriation hereafter shall not be available for expenses authorized
under 18 U.S.C. 4013(a)(4).
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses,
for expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $100,702,000, to
remain available until expended; of which not to exceed $4,750,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of equipment
incident thereto, for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the purchase and maintenance
of armored vehicles for transportation of protected witnesses; and of
which not to exceed $4,000,000 may be made available for the purchase,
installation and maintenance of a secure, automated information network
to store and retrieve the identities and locations of protected
witnesses.
[[Page 110 STAT. 3009-6]]
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $5,319,000:
Provided, That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent circumstances
require additional funding for conflict prevention and resolution
activities of the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to this paragraph shall be treated
as a reprogramming under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C),
(F), and (G), as amended, $23,000,000, to be derived from the Department
of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust Fund,
$13,736,000, not to be available for obligation until September 30,
1997.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements with
State and local law enforcement agencies engaged in the investigation
and prosecution of individuals involved in organized crime drug
trafficking, $359,430,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of the fiscal
year shall revert to the Attorney General for reallocation among
participating organizations in succeeding fiscal years, subject to the
reprogramming procedures described in section 605 of this Act.
[[Page 110 STAT. 3009-7]]
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 2,706
passenger motor vehicles, of which 1,945 will be for replacement only,
without regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition, lease,
maintenance, and operation of aircraft; and not to exceed $70,000 to
meet unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; $2,451,361,000, of which not to
exceed $50,000,000 for automated data processing and telecommunications
and technical investigative equipment and $1,000,000 for undercover
operations shall remain available until September 30, 1998; of which not
less than $147,081,000 shall be for counterterrorism investigations,
foreign counterintelligence, and other activities related to our
national security; of which not to exceed $98,400,000 shall remain
available until expended; and of which not to exceed $10,000,000 is
authorized to be made available for making payments or advances for
expenses arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized crime, and
drug investigations; and of which $1,500,000 shall be available to
maintain an independent program office dedicated solely to the
relocation of the Criminal Justice Information Services Division and the
automation of fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed 81
permanent positions and 85 full-time equivalent workyears and $5,959,000
shall be expended for the Office of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforementioned offices
shall not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or any other
type of formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis.
For an additional amount for necessary expenses of the Federal
Bureau of Investigation to prevent and investigate terrorism activities
and incidents; provide for additional agents and support staff; protect
key physical assets; establish a capability for chemical, biological and
nuclear research; improve domestic intelligence; and improve security at
Federal Bureau of Investigation offices, $115,610,000, as authorized by
the Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104-
132): 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.
violent crime reduction programs
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) as amended (``the 1994
Act''), and the Antiterrorism and Effective Death Penalty
[[Page 110 STAT. 3009-8]]
Act of 1996 (``the Antiterrorism Act''), $169,000,000, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund; of which $76,356,000 shall be for activities
authorized by section 190001(c) of the 1994 Act and section 811 of the
Antiterrorism Act; $53,404,000 shall be for activities authorized by
section 190001(b) of the 1994 Act, of which $20,240,000 shall be for
activities authorized by section 103 of the Brady Handgun Violence
Prevention Act (Public Law 103-159), as amended; $4,000,000 shall be for
training and investigative assistance authorized by section 210501 of
the 1994 Act; $9,500,000 shall be for grants to States, as authorized by
section 811(b) of the Antiterrorism Act; and $5,500,000 shall be for
establishing DNA quality-assurance and proficiency-testing standards,
establishing an index to facilitate law enforcement exchange of DNA
identification information, and related activities authorized by section
210501 of the 1994 Act.
telecommunications carrier compliance fund
For necessary expenses, as determined by the Attorney General,
$60,000,000, to remain available until expended, to be deposited in the
Telecommunications Carrier Compliance Fund for making payments to
telecommunications carriers, equipment manufacturers, and providers of
telecommunications support services pursuant to section 110 of this Act:
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 the entire amount not previously designated by
the President as an emergency requirement 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 the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to Congress.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $41,639,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,158 passenger motor vehicles, of
which 1,032 will be for replacement only, for police-type use without
regard to the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of aircraft;
[[Page 110 STAT. 3009-9]]
$745,388,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account for
operating expenses shall remain available until expended, and of which
not to exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $4,000,000 for contracting for automated data
processing and telecommunications equipment, and not to exceed
$2,000,000 for laboratory equipment, $4,000,000 for technical equipment,
and $2,000,000 for aircraft replacement retrofit and parts, shall remain
available until September 30, 1998; and of which not to exceed $50,000
shall be available for official reception and representation expenses:
Provided, That not to exceed 25 permanent positions and 25 full-time
equivalent workyears and $1,828,000 shall be expended for the Office of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
nonreimbursable basis or any other type of formal or informal transfer
or reimbursement of personnel or funds on either a temporary or long-
term basis.
For an additional amount for security measures for domestic and
foreign Drug Enforcement Administration offices, $5,000,000: 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.
violent crime reduction programs
For activities authorized by sections 180104 and 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended, and section 814 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), and for the purchase of
passenger motor vehicles for police-type use, as otherwise authorized in
this title, $220,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $30,806,000, to remain
available until expended.
Immigration and Naturalization Service
salaries and expenses
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including not to exceed $50,000
to meet unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for solely under
the certificate of, the Attorney General; purchase for police type use
(not to exceed 2,691, of which 1,711 are for replacement only), without
regard to the general purchase price limitation
[[Page 110 STAT. 3009-10]]
for the current fiscal year, and hire of passenger motor vehicles;
acquisition, lease, maintenance and operation of aircraft; and research
related to immigration enforcement; $1,590,159,000 of which not to
exceed $400,000 for research shall remain available until expended; and
of which not to exceed $10,000,000 shall be available for costs
associated with the training program for basic officer training, and
$5,000,000 is for payments or advances arising out of contractual or
reimbursable agreements with State and local law enforcement agencies
while engaged in cooperative activities related to immigration:
Provided, That none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee overtime
pay in an amount in excess of $30,000 during the calendar year beginning
January 1, 1997: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the current
fiscal year: Provided further, That not to exceed $5,000 shall be
available for official reception and representation expenses: Provided
further, That none of the funds provided in this or any other Act shall
be used for the continued operation of the San Clemente and Temecula
checkpoints unless the checkpoints are open and traffic is being checked
on a continuous 24-hour basis: Provided further, That the Land
Border <<NOTE: 8 USC 1356 note.>> Fee Pilot Project scheduled to end
September 30, 1996, is extended to September 30, 1999, for projects on
both the northern and southern borders of the United States, except that
no pilot program may implement a universal land border crossing toll:
Provided further, That obligated and unobligated balances available to
``Salaries and Expenses, Community Relations Service'' under section
501(c) of the Refugee Education Assistance Act of 1980 are transferred
to this account and shall remain available until expended: Provided
further, That not to exceed 48 permanent positions and 48 full-time
equivalent workyears and $4,628,000 shall be expended for the Office of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
nonreimbursable basis or any other type of formal or informal transfer
or reimbursement of personnel or funds on either a temporary or long-
term basis.
For an additional amount to support the detention and removal of
aliens with ties to terrorist organizations and expand the detention and
removal of illegal aliens and enhance the intelligence of the
Immigration and Naturalization Service, $15,000,000, of which
$10,000,000 shall be for detention and removal of aliens: 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.
violent crime reduction programs
For activities authorized by sections 130002, 130005, 130006,
130007, and 190001(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), as amended, and section 813 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), $500,000,000, to remain available until expended, which will be
derived from the Violent Crime Reduction Trust Fund, of which
$66,217,000 shall be for expeditious deportation of denied asylum
applicants, $317,256,000 shall be for improving border controls, and
$116,527,000 shall be for detention
[[Page 110 STAT. 3009-11]]
and deportation proceedings: Provided, That amounts not required for
asylum processing provided under the expeditious deportation of denied
asylum applicants shall also be available for other deportation program
activities.
construction
For planning, construction, renovation, equipping, and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $9,841,000, to remain
available until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 836, of which 572 are for replacement only) and
hire of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections related
issues to foreign governments; $2,768,316,000: Provided, That the
Attorney <<NOTE: 42 USC 250a.>> General may transfer to the Health
Resources and Services Administration such amounts as may be necessary
for direct expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions: Provided
further, That the Director of the Federal Prison System (FPS), where
necessary, may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the FPS, furnish health services to
individuals committed to the custody of the FPS: Provided further, That
uniforms may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That not to
exceed $6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$90,000,000 for the activation of new facilities shall remain available
until September 30, 1998: Provided further, That of the amounts provided
for Contract Confinement, not to exceed $20,000,000 shall remain
available until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses authorized by
section 501(c) of the Refugee Education Assistance Act of 1980, as
amended, for the care and security in the United States of Cuban and
Haitian entrants: Provided further, That notwithstanding section 4(d) of
the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into
contracts and other agreements with private entities for periods of not
to exceed 3 years and 7 additional option years for the confinement of
Federal prisoners: Provided further, That the National <<NOTE: 18 USC
4352 note.>> Institute of Corrections hereafter shall be included in
the FPS Salaries and Expenses budget, in the Contract Confinement
program and shall continue to perform its current functions under 18
U.S.C. 4351, et seq., with the exception of its grant program and shall
collect reimbursement for services whenever possible: Provided further,
That any unexpended balances available to the ``National Institute of
Corrections'' account shall be credited to and merged with this
appropriation, to remain available until expended.
[[Page 110 STAT. 3009-12]]
violent crime reduction programs
For substance abuse treatment in Federal prisons as authorized by
section 32001(e) of the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322), as amended, $25,224,000, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account;
$395,700,000, to remain available until expended, of which not to exceed
$14,074,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation: Provided further, That not
to exceed 10 percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House of
Representatives and the Senate in compliance with provisions set forth
in section 605 of this Act: Provided further, That of the total amount
appropriated, not to exceed $36,570,000 shall be available for the
renovation and construction of United States Marshals Service prisoner-
holding facilities.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase of (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,042,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or
[[Page 110 STAT. 3009-13]]
disposition of facilities and other property belonging to the
corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, and the Missing Children's Assistance
Act, as amended, including salaries and expenses in connection
therewith, and with the Victims of Crime Act of 1984, as amended,
$101,429,000, to remain available until expended, as authorized by
section 1001 of title I of the Omnibus Crime Control and Safe Streets
Act, as amended by Public Law 102-534 (106 Stat. 3524).
For an additional amount, $17,000,000, to remain available until
expended; of which $5,000,000 shall be for Local Firefighter and
Emergency Services Training Grants as authorized by section 819 of the
Antiterrorism and Effective Death Penalty Act of 1996 (``the
Antiterrorism Act''); of which $10,000,000 shall be for development of
counterterrorism technologies to help State and local law enforcement
combat terrorism, as authorized by section 821 of the Antiterrorism Act;
of which $2,000,000 shall be for specialized multi-agency response
training: 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 the entire amount not previously designated by
the President as an emergency requirement 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 the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to Congress.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, for State and Local Narcotics
Control and Justice Assistance Improvements, notwithstanding the
provisions of section 511 of said Act, $361,000,000, to remain available
until expended, as authorized by section 1001 of title I of said Act, as
amended by Public Law 102-534 (106 Stat. 3524), of which $60,000,000
shall be available to carry out the provisions of chapter A of subpart 2
of part E of title I of said Act, for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to and
merged with the ``Justice Assistance'' account) authorized by the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of
Child Abuse Act of 1990, as amended
[[Page 110 STAT. 3009-14]]
(``the 1990 Act''); $2,036,150,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust Fund; of
which $523,000,000 shall be for Local Law Enforcement Block Grants,
pursuant to H.R. 728 as passed by the House of Representatives on
February 14, 1995, except that for purposes of this Act, the
Commonwealth of Puerto Rico shall be considered a ``unit of local
government'' as well as a ``State'', for the purposes set forth in
paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728
and for establishing crime prevention programs involving cooperation
between community residents and law enforcement personnel in order to
control, detect, or investigate crime or the prosecution of criminals:
Provided, That no funds provided under this heading may be used as
matching funds for any other Federal grant program: Provided further,
That $20,000,000 of this amount shall be for Boys and Girls Clubs in
public housing facilities and other areas in cooperation with State and
local law enforcement: Provided further, That funds may also be used to
defray the costs of indemnification insurance for law enforcement
officers; of which $50,000,000 shall be for grants to upgrade criminal
records, as authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the National
Child Protection Act of 1993; of which $199,000,000 shall be available
as authorized by section 1001 of title I of the 1968 Act, to carry out
the provisions of subpart 1, part E of title I of the 1968 Act,
notwithstanding section 511 of said Act, for the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs; of which
$330,000,000 shall be for the State Criminal Alien Assistance Program,
as authorized by section 242(j) of the Immigration and Nationality Act,
as amended; of which $670,000,000 shall be for Violent Offender
Incarceration and Truth in Sentencing Incentive Grants pursuant to
subtitle A of title II of the 1994 Act, of which $170,000,000 shall be
available for payments to States for incarceration of criminal aliens,
and of which $12,500,000 shall be available for the Cooperative
Agreement Program: Provided further, That funds made available for
Violent Offender Incarceration and Truth in Sentencing Incentive Grants
to the State of California may, at the discretion of the recipient, be
used for payments for the incarceration of criminal aliens: Provided
further, That <<NOTE: 42 USC 13703 note.>> beginning in fiscal year
1999, and thereafter, no funds shall be available to make grants to a
State pursuant to section 20103 or section 20104 of the Violent Crime
Control and Law Enforcement Act of 1994 unless no later than September
1, 1998, such State has implemented a program of controlled substance
testing and intervention for appropriate categories of convicted
offenders during periods of incarceration and criminal justice
supervision, with sanctions including denial or revocation of release
for positive controlled substance tests, consistent with guidelines
issued by the Attorney General; of which $6,000,000 shall be for the
Court Appointed Special Advocate Program, as authorized by section 218
of the 1990 Act; of which $1,000,000 shall be for Child Abuse Training
Programs for Judicial Personnel and Practitioners, as authorized by
section 224 of the 1990 Act; of which $145,000,000 shall be for Grants
to Combat Violence Against Women, to States, units of local government,
and Indian tribal governments, as authorized by section 1001(a)(18) of
the 1968 Act; of which $33,000,000 shall be for Grants to Encourage
Arrest Policies to States, units of local
[[Page 110 STAT. 3009-15]]
government, and Indian tribal governments, as authorized by section
1001(a)(19) of the 1968 Act; of which $8,000,000 shall be for Rural
Domestic Violence and Child Abuse Enforcement Assistance Grants, as
authorized by section 40295 of the 1994 Act; of which $1,000,000 shall
be for training programs to assist probation and parole officers who
work with released sex offenders, as authorized by section 40152(c) of
the 1994 Act; of which $550,000 shall be for grants for televised
testimony, as authorized by section 1001(a)(7) of the 1968 Act; of which
$1,750,000 shall be for national stalker and domestic violence
reduction, as authorized by section 40603 of the 1994 Act; of which
$30,000,000 shall be for grants for residential substance abuse
treatment for State prisoners as authorized by section 1001(a)(17) of
the 1968 Act; of which $3,000,000 shall be for grants to States and
units of local government for projects to improve DNA analysis, as
authorized by section 1001(a)(22) of the 1968 Act; of which $900,000
shall be for the Missing Alzheimer's Disease Patient Alert Program, as
authorized by section 240001(c) of the 1994 Act; of which $750,000 shall
be for Motor Vehicle Theft Prevention Programs, as authorized by section
220002(h) of the 1994 Act; of which $200,000 shall be for a National
Baseline Study on Campus Sexual Assault, as authorized by section
40506(e) of the 1994 Act; of which $30,000,000 shall be for Drug Courts,
as authorized by title V of the 1994 Act; of which $1,000,000 shall be
for Law Enforcement Family Support Programs, as authorized by section
1001(a)(21) of the 1968 Act; and of which $2,000,000 shall be for public
awareness programs addressing marketing scams aimed at senior citizens,
as authorized by section 250005(3) of the 1994 Act: Provided further,
That funds made available in fiscal year 1997 under subpart 1 of part E
of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, may be obligated for programs to assist States in the
litigation processing of death penalty Federal habeas corpus petitions
and for drug testing initiatives: Provided further, That any 1996
balances for these programs shall be transferred to and merged with this
appropriation: Provided further, That if a unit of local government uses
any of the funds made available under this title to increase the number
of law enforcement officers, the unit of local government will achieve a
net gain in the number of law enforcement officers who perform
nonadministrative public safety service.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $28,500,000, which shall be derived from
discretionary grants provided under the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs, to remain available until
expended for intergovernmental agreements, including grants, cooperative
agreements, and contracts, with State and local law enforcement agencies
engaged in the investigation and prosecution of violent crimes and drug
offenses in ``Weed and Seed'' designated communities, and for either
reimbursements or transfers to appropriation accounts of the Department
of Justice and other Federal agencies which shall be specified by the
Attorney General to execute the ``Weed and Seed'' program strategy:
Provided, That funds designated by Congress through language for other
Department of Justice appropriation accounts for ``Weed and Seed''
[[Page 110 STAT. 3009-16]]
program activities shall be managed and executed by the Attorney General
through the Executive Office for Weed and Seed: Provided further, That
the Attorney General may direct the use of other Department of Justice
funds and personnel in support of ``Weed and Seed'' program activities
only after the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate in
accordance with section 605 of this Act.
Community Oriented Policing Services
violent crime reduction programs
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $1,400,000,000, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, for Public Safety and Community Policing Grants pursuant to
title I of the 1994 Act: Provided, That not to exceed 186 permanent
positions and 174 full-time equivalent workyears and $19,800,000 shall
be expended for program management and administration.
In addition, for programs of Police Corps education, training and
service as set forth in sections 200101-200113 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322),
$20,000,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended, including salaries and expenses in connection
therewith to be transferred to and merged with the appropriations for
Justice Assistance, $170,000,000, to remain available until expended, as
authorized by section 299 of part I of title II and section 506 of title
V of the Act, as amended by Public Law 102-586, of which (1)
notwithstanding any other provision of law, $5,000,000 shall be
available for expenses authorized by part A of title II of the Act,
$86,500,000 shall be available for expenses authorized by part B of
title II of the Act, and $29,500,000 shall be available for expenses
authorized by part C of title II of the Act: Provided, That $16,500,000
of the amounts provided for part B of title II of the Act, as amended,
is for the purpose of providing additional formula grants under part B,
for innovative local law enforcement and community policing programs, to
States that provide assurances to the Administrator that the State has
in effect (or will have in effect no later than 1 year after date of
application) policies and programs, that ensure that juveniles are
subject to accountability-based sanctions for every act for which they
are adjudicated delinquent; (2) $12,000,000 shall be available for
expenses authorized by sections 281 and 282 of part D of title II of the
Act for prevention and treatment programs relating to juvenile gangs;
(3) $10,000,000 shall be available for expenses authorized by section
285 of part E of title II of the Act; (4) $7,000,000 shall be available
for expenses authorized by part G of title II of the Act for juvenile
mentoring programs; and (5) $20,000,000 shall be available for expenses
authorized by title V of the Act for incentive grants for local
delinquency prevention
[[Page 110 STAT. 3009-17]]
programs: Provided, That upon the enactment of reauthorization
legislation for Juvenile Justice Programs under the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, funding provided in this
Act shall from that date be subject to the provisions of that
legislation and any provisions in this Act that are inconsistent with
that legislation shall no longer have effect.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act of 1990,
as amended, $4,500,000, to remain available until expended, as
authorized by sections 214B of the Act.
public safety officers benefits
For payments authorized by part L of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended, such
sums as are necessary, to remain available until expended, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340), and, in
addition, $2,200,000, to remain available until expended, for payments
as authorized by section 1201(b) of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $45,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
Sec. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Pub. L. 96-132, 93
Stat. 1040 (1979)), as amended, shall remain in effect until the
termination date of this Act or until the effective date of a Department
of Justice Appropriation Authorization Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 104. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 105. Nothwing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 106. <<NOTE: 18 USC 3059 note.>> Notwithstanding any other
provision of law, not to exceed $10,000,000 of the funds made available
in this Act may be used to establish and publicize a program under which
publicly-advertised, extraordinary rewards may be paid, which shall not
be subject to spending limitations contained in sections 3059 and 3072
of title 18, United States Code: Provided, That any reward
[[Page 110 STAT. 3009-18]]
of $100,000 or more, up to a maximum of $2,000,000, may not be made
without the personal approval of the President or the Attorney General
and such approval may not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction Trust
Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. Section 524(c)(8)(E) of title 28, United States Code, is
amended by striking the year in the date therein contained and replacing
the same with ``1996''.
Sec. 109. (a) Section 1930(a) of title 28, United States Code, is
amended in paragraph (3), by inserting ``$'' before ``800'', and in
paragraph (6), by striking everything after ``total less than $15,000;''
and inserting in lieu thereof: ``$500 for each quarter in which
disbursements total $15,000 or more but less than $75,000; $750 for each
quarter in which disbursements total $75,000 or more but less than
$150,000; $1,250 for each quarter in which disbursements total $150,000
or more but less than $225,000; $1,500 for each quarter in which
disbursements total $225,000 or more but less than $300,000; $3,750 for
each quarter in which disbursements total $300,000 or more but less than
$1,000,000; $5,000 for each quarter in which disbursements total
$1,000,000 or more but less than $2,000,000; $7,500 for each quarter in
which disbursements total $2,000,000 or more but less than $3,000,000;
$8,000 for each quarter in which disbursements total $3,000,000 or more
but less than $5,000,000; $10,000 for each quarter in which
disbursements total $5,000,000 or more. The fee shall be payable on the
last day of the calendar month following the calendar quarter for which
the fee is owed.''.
(b) Section 589a of title 28, United States Code, is amended to
read as follows:
``Sec. 589a. United States Trustee System Fund
``(a) There is hereby established in the Treasury of the United
States a special fund to be known as the `United States Trustee System
Fund' (hereinafter in this section referred to as the `Fund'). Monies in
the Fund shall be available to the Attorney General without fiscal year
limitation in such amounts as may be specified in appropriations Acts
for the following purposes in connection with the operations of United
States trustees--
``(1) salaries and related employee benefits;
``(2) travel and transportation;
``(3) rental of space;
``(4) communication, utilities, and miscellaneous computer
charges;
``(5) security investigations and audits;
``(6) supplies, books, and other materials for legal
research;
``(7) furniture and equipment;
``(8) miscellaneous services, including those obtained by
contract; and
``(9) printing.
[[Page 110 STAT. 3009-19]]
``(b) For the purpose of recovering the cost of services of the
United States Trustee System, there shall be deposited as offsetting
collections to the appropriation `United States Trustee System Fund', to
remain available until expended, the following--
``(1) 23.08 percent of the fees collected under section
1930(a)(1) of this title;
``(2) one-half of the fees collected under section
1930(a)(3) of this title;
``(3) one-half of the fees collected under section
1930(a)(4) of this title;
``(4) one-half of the fees collected under section
1930(a)(5) of this title;
``(5) 100 percent of the fees collected under section
1930(a)(6) of this title;
``(6) three-fourths of the fees collected under the last
sentence of section 1930(a) of this title;
``(7) the compensation of trustees received under section
330(d) of title 11 by the clerks of the bankruptcy courts; and
``(8) excess fees collected under section 586(e)(2) of this
title.
``(c) Amounts in the Fund which are not currently needed for the
purposes specified in subsection (a) shall be kept on deposit or
invested in obligations of, or guaranteed by, the United States.
``(d) The Attorney General shall transmit to the Congress, not
later than 120 days after the end of each fiscal year, a detailed report
on the amounts deposited in the Fund and a description of expenditures
made under this section.
``(e) There are authorized to be appropriated to the Fund for any
fiscal year such sums as may be necessary to supplement amounts
deposited under subsection (b) for the purposes specified in subsection
(a).''.
(c) <<NOTE: 28 USC 589a note.>> Notwithstanding any other
provision of law or of this Act, the amendments to 28 U.S.C. 589a made
by subsection (b) of this section shall take effect upon enactment of
this Act.
(d) Section 101(a) of Public Law 104-91, as amended by section 211
of Public Law <<NOTE: 28 USC 1930 note.>> 104-99, is further amended by
inserting ``: Provided further, That, notwithstanding any other
provision of law, the fees under 28 U.S.C. 1930(a)(6) shall accrue and
be payable from and after January 27, 1996, in all cases (including,
without limitation, any cases pending as of that date), regardless of
confirmation status of their plans'' after ``enacted into law''.
Sec. 110. Public Law 103-414 (108 Stat. 4279) is amended by
inserting at its conclusion a new title IV, as follows:
``TITLE IV--TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS
``SEC. 401. <<NOTE: 47 USC 1021.>> DEPARTMENT OF JUSTICE
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND.
``(a) Establishment of Fund.--There is hereby established in the
United States Treasury a fund to be known as the Department of Justice
Telecommunications Carrier Compliance Fund (hereafter referred to as
`the Fund'), which shall be available without fiscal year limitation to
the Attorney General for making payments to telecommunications carriers,
equipment manufacturers, and providers of telecommunications support
services pursuant to section 109 of this Act.
[[Page 110 STAT. 3009-20]]
``(b) Deposits to the Fund.--Notwithstanding any other provision
of law, any agency of the United States with law enforcement or
intelligence responsibilities may deposit as offsetting collections to
the Fund any unobligated balances that are available until expended,
upon compliance with any Congressional notification requirements for
reprogrammings of funds applicable to the appropriation from which the
deposit is to be made.
``(c) Termination.--
``(1) The Attorney General may terminate the Fund at such
time as the Attorney General determines that the Fund is no
longer necessary.
``(2) Any balance in the Fund at the time of its termination
shall be deposited in the General Fund of the Treasury.
``(3) A decision of the Attorney General to terminate the
Fund shall not be subject to judicial review.
``(d) Availability of Funds for Expenditure.--Funds shall not be
available for obligation unless an implementation plan as set forth in
subsection (e) is submitted to each member of the Committees on the
Judiciary and Appropriations of both the House of Representatives and
the Senate and the Congress does not by law block or prevent the
obligation of such funds. Such funds shall be treated as a reprogramming
of funds under section 605 of the Department of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1997, and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section and this
section.
``(e) Implementation Plan.--The implementation plan shall include:
``(1) the law enforcement assistance capability requirements
and an explanation of law enforcement's recommended interface;
``(2) the proposed actual and maximum capacity requirements
for the number of simultaneous law enforcement communications
intercepts, pen registers, and trap and trace devices that
authorized law enforcement agencies may seek to conduct, set
forth on a county-by-county basis for wireline services and on a
market service area basis for wireless services, and the
historical baseline of electronic surveillance activity upon
which such capacity requirements are based;
``(3) a prioritized list of carrier equipment, facilities,
and services deployed on or before January 1, 1995, to be
modified by carriers at the request of law enforcement based on
its investigative needs;
``(4) a projected reimbursement plan that estimates the cost
for the coming fiscal year and for each fiscal year thereafter,
based on the prioritization of law enforcement needs as outlined
in (3), of modification by carriers of equipment, facilities and
services, installed on or before January 1, 1995.
``(f) Annual Report to the Congress.--The Attorney General shall
submit to the Congress each year a report specifically detailing all
deposits and expenditures made pursuant to this Act in each fiscal year.
This report shall be submitted to each member of the Committees on the
Judiciary and Appropriations of both the House of Representatives and
the Senate, and to the Speaker and minority leader of the House of
Representatives and to the majority and minority leaders of the Senate,
no later than 60 days after the end of each fiscal year.''.
[[Page 110 STAT. 3009-21]]
Sec. 111. It is the sense of the Congress that the Drug
Enforcement Administration, together with other appropriate Federal
agencies, should take such actions as may be necessary to end the
illegal importation into the United States of Rohypnol (flunitrazepam),
a drug frequently distributed with the intent to facilitate sexual
assault and rape.
Sec. 112. Section 1402 of the Victims of Crime Act of 1984, as
amended (42 U.S.C. 10601), is amended at subsection (e) by deleting
``2'' and inserting ``3'', and at subsection (d) by adding a new
paragraph (5) as follows:
``(5) The Director may set aside up to $500,000 of the
reserve fund described in paragraph (4) to make supplemental
grants to United States Attorneys Offices to provide necessary
assistance to victims of the bombing of the Alfred P. Murrah
Federal Building in Oklahoma City, to facilitate observation of
and/or participation by such victims in trial proceedings
arising therefrom, including, without limitation, provision of
lodging and travel assistance, and to pay such other, related
expenses determined to be necessary by the Director.''.
Sec. 113. Section 732 of Public Law 104-132 (110 Stat. 1303; 18
U.S.C. 841 note) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) New prevention technologies.--In addition to the study
of taggants as provided herein, the Secretary, in consultation
with the Attorney General, shall concurrently report to the
Congress on the possible use, and exploitation of technologies
such as vapor detection devices, computed tomography, nuclear
quadropole resonance, thermal neutron analysis, pulsed fast-
neutron analysis, and other technologies upon which
recommendations to the Congress may be made for further study,
funding, and use of the same in preventing and solving acts of
terrorism involving explosive devices.''; and
(2) by adding at the end the following new subsection:
``(f) Special Study.--
``(1) In general.--Notwithstanding subsection (a), the
Secretary of the Treasury shall enter into a contract with the
National Academy of Sciences (referred to in this section as the
`Academy') to conduct a study of the tagging of smokeless and
black powder by any viable technology for purposes of detection
and identification. The study shall be conducted by an
independent panel of 5 experts appointed by the Academy.
``(2) Study elements.--The study conducted under this
subsection shall--
``(A) indicate whether the tracer elements, when
added to smokeless and black powder--
``(i) will pose a risk to human life or
safety;
``(ii) will substantially assist law
enforcement officers in their investigative
efforts;
``(iii) will impair the quality and
performance of the powders (which shall include a
broad and comprehensive sampling of all available
powders) for their intended lawful use, including,
but not limited to the sporting, defense, and
handloading uses of the powders, as well as their
use in display and lawful consumer pyrotechnics;
[[Page 110 STAT. 3009-22]]
``(iv) will have a substantially adverse
effect on the environment;
``(v) will incur costs which outweigh the
benefits of their inclusion, including an
evaluation of the probable production and
regulatory cost of compliance to the industry, and
the costs and effects on consumers, including the
effect on the demand for ammunition; and
``(vi) can be evaded, and with what degree of
difficulty, by terrorists or terrorist
organizations, including evading tracer elements
by the use of precursor chemicals to make black or
other powders; and
``(B) provide for consultation on the study with
Federal, State, and local officials, non-governmental
organizations, including all national police
organizations, national sporting organizations, and
national industry associations with expertise in this
area and such other individuals as shall be deemed
necessary.
``(3) Report and costs.--The study conducted under this
subsection shall be presented to Congress 12 months after the
enactment of this subsection and be made available to the
public, including any data tapes or data used to form such
recommendations. There are authorized to be appropriated such
sums as may be necessary to carry out the study.''.
Sec. 114. (a) Section 524(c)(1) of title 28, United States Code,
is amended in the first sentence following the second subparagraph (I)
by deleting ``(C),''.
(b) Section 524 (c)(8)(A) is amended by deleting ``(C),''.
Sec. 115. <<NOTE: 28 USC 509 note.>> Effective with the enactment
of this Act and in any fiscal year hereafter, under policies established
by the Attorney General, the Department of Justice may reimburse
employees who are paid by an appropriation account within the Department
of Justice and are traveling on behalf of the United States in temporary
duty status to investigate, prosecute, or litigate (including the
provision of support therefor) a criminal or civil matter, or for other
similar special circumstances, for Federal, State, and local taxes
heretofore and hereafter resulting from any reimbursement of travel
expenses from an appropriation account within the Department of Justice:
Provided, That such reimbursement may include an amount equal to all
income taxes for which the employee would be liable due to such
reimbursement.
Sec. 116. Section 524 of title 28, United States Code, is amended
by adding a new subsection (d) as follows:
``(d)(1) The Attorney General may accept, hold, administer, and
use gifts, devises, and bequests of any property for the purpose of
aiding or facilitating the work of the Department of Justice.
``(2) Gifts, devises, and bequests of money, the proceeds of sale
or liquidation of any other property accepted hereunder, and any income
accruing from any property accepted hereunder--
``(A) shall be deposited in the Treasury in a separate fund
and held in trust by the Secretary of the Treasury for the
benefit of the Department of Justice; and
``(B) are hereby appropriated, without fiscal year
limitation, and shall be disbursed on order of the Attorney
General.
``(3) Upon request of the Attorney General, the Secretary of the
Treasury may invest and reinvest the fund described herein in public
debt securities with maturities suitable for the needs
[[Page 110 STAT. 3009-23]]
of the fund and bearing interest at rates determined by the Secretary of
the Treasury, taking into consideration the current average market yield
on outstanding marketable obligations of the United States or comparable
maturities.
``(4) Evidences of any intangible personal property (other than
money) accepted hereunder shall be deposited with the Secretary of the
Treasury, who may hold or liquidate them, except that they shall be
liquidated upon the request of the Attorney General.
``(5) For purposes of federal income, estate, and gift taxes,
property accepted hereunder shall be considered a gift, devise, or
bequest to, or for the use of, the United States.''.
Sec. 117. Section 524(c)(9), of title 28, United States Code, is
amended to read as follows:
``(9)(A) Following the completion of procedures for the
forfeiture of property pursuant to any law enforced or
administered by the Department, the Attorney General is
authorized, in her discretion, to warrant clear title to any
subsequent purchaser or transferee of such property.
``(B) For fiscal year 1997, the Attorney General is
authorized to transfer, under such terms and conditions as the
Attorney General shall specify, real or personal property of
limited or marginal value, to a State or local government
agency, or its designated contractor or transferee, for use to
support drug abuse treatment, drug and crime prevention and
education, housing, job skills, and other community-based public
health and safety programs. Such transfer shall not create or
confer any private right of action in any person against the
United States.''.
Sec. 118. Section 594(b)(3)(A) of title 28, United States Code, is
amended in the second sentence by--
(a) striking ``by 6 months'' and inserting ``for successive
6-month periods''; and
(b) striking the phrase ``employee assigned duties under
subsection (l)(1)(A)(iii) certifies'' and inserting
``independent counsel and the division of the court certify'';
(c) striking ``such employee'' and inserting ``the
independent counsel'' and ``the division of the court''.
Sec. 119. This section may <<NOTE: Age Discrimination in
Employment Amendments of 1996. 29 USC 621 note.>> be cited as the ``Age
Discrimination in Employment Amendments of 1996''.
Subsection 1. Age Discrimination Amendment.
(a) Repeal of Repealer.--Section 3(b) of the Age Discrimination in
Employment Amendments of 1986 (29 U.S.C. 623 note) is repealed.
(b) Exemption.--Section 4(j) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(j)), as in effect immediately
before December 31, 1993--
(1) is reenacted as such section; and
(2) as so reenacted, is amended in paragraph (1) by striking
``and the individual has attained the age'' and all that follows
through ``1983, and'' and inserting the following: ``, the
employer has complied with section 3(d)(2) of the Age
Discrimination in Employment Amendments of 1996 if the
individual was discharged after the date described in such
section, and the individual has attained--
[[Page 110 STAT. 3009-24]]
``(A) the age of hiring or retirement, respectively,
in effect under applicable State or local law on March
3, 1983; or
``(B)(i) if the individual was not hired, the age of
hiring in effect on the date of such failure or refusal
to hire under applicable State or local law enacted
after the date of enactment of the Age Discrimination in
Employment Amendments of 1996; or
``(ii) if applicable State or local law was enacted
after the date of enactment of the Age Discrimination in
Employment Amendments of 1996 and the individual was
discharged, the higher of--
``(I) the age of retirement in effect on the
date of such discharge under such law; and
``(II) age 55; and''.
(c) Construction.--Nothing <<NOTE: 29 USC 623 note.>> in the
repeal, reenactment, and amendment made by subsections (a) and (b) shall
be construed to make lawful the failure or refusal to hire, or the
discharge of, an individual pursuant to a law that--
(1) was enacted after March 3, 1983 and before the date of
enactment of the Age Discrimination in Employment Amendments of
1996; and
(2) lowered the age of hiring or retirement, respectively,
for firefighters or law enforcement officers that was in effect
under applicable State or local law on March 3, 1983.
Subsection 2. <<NOTE: 29 USC 623 note.>> Study and Guidelines for
Performance Tests.
(a) Study.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Health and Human Services, acting through the
Director of the National Institute for Occupational Safety and Health
(referred to in this section as the ``Secretary''), shall conduct,
directly or by contract, a study, and shall submit to the appropriate
committees of Congress a report based on the results of the study that
shall include--
(1) a list and description of all tests available for the
assessment of abilities important for the completion of public
safety tasks performed by law enforcement officers and
firefighters;
(2) a list of the public safety tasks for which adequate
tests described in paragraph (1) do not exist;
(3) a description of the technical characteristics that the
tests shall meet to be in compliance with applicable Federal
civil rights law and policies;
(4) a description of the alternative methods that are
available for determining minimally acceptable performance
standards on the tests;
(5) a description of the administrative standards that
should be met in the administration, scoring, and score
interpretation of the tests; and
(6) an examination of the extent to which the tests are
cost-effective, are safe, and comply with the Federal civil
rights law and policies.
(b) Consultation Requirement; Opportunity for Public Comment.--
(1) Consultation.--The Secretary shall, during the conduct
of the study required by subsection (a), consult with--
[[Page 110 STAT. 3009-25]]
(A) the Deputy Administrator of the United States
Fire Administration;
(B) the Director of the Federal Emergency Management
Agency;
(C) organizations that represent law enforcement
officers, firefighters, and employers of the officers
and firefighters; and
(D) organizations that represent older individuals.
(2) Public comment.--Prior to issuing the advisory
guidelines required in subsection (c), the Secretary shall
provide an opportunity for public comment on the proposed
advisory guidelines.
(c) Advisory Guidelines.--Not later than 4 years after the date
of enactment of this Act, the Secretary shall develop and issue, based
on the results of the study required by subsection (a), advisory
guidelines for the administration and use of physical and mental fitness
tests to measure the ability and competency of law enforcement officers
and firefighters to perform the requirements of the jobs of the officers
and firefighters.
(d) Job Performance Tests.--
(1) Identification of tests.--After issuance of the advisory
guidelines described in subsection (c), the Secretary shall
issue regulations identifying valid, nondiscriminatory job
performance tests that shall be used by employers seeking the
exemption described in section 4(j) of the Age Discrimination in
Employment Act of 1967 with respect to firefighters or law
enforcement officers who have attained an age of retirement
described in such section 4(j).
(2) Use of tests.--Effective on the date of issuance of the
regulations described in paragraph (1), any employer seeking
such exemption with respect to a firefighter or law enforcement
officer who has attained such age shall provide to each
firefighter or law enforcement officer who has attained such age
an annual opportunity to demonstrate physical and mental fitness
by passing a test described in paragraph (1), in order to
continue employment.
(e) Development of Standards for Wellness Programs.--Not later
than 2 years after the date of enactment of this Act, the Secretary
shall propose advisory standards for wellness programs for law
enforcement officers and firefighters.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
Subsection 3. <<NOTE: 29 USC 623 note.>> Effective Dates.
(a) General Effective Date.--Except as provided in subsection (b),
this title and the amendments made by this title shall take effect on
the date of enactment of this Act.
(b) Special Effective Date.--The repeal made by section 2(a) and
the reenactment made by section 2(b)(1) shall take effect on December
31, 1993.
Sec. 120. Section 320935(e) of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by inserting ``, including all trials
commenced on or after the effective date of such amendments'' after
``such amendments''.
[[Page 110 STAT. 3009-26]]
Sec. 121. <<NOTE: Child Pornography Prevention Act of 1996. 18 USC
2251 note.>> This section may be cited as the ``Child Pornography
Prevention Act of 1996''.
Subsection 1. <<NOTE: 18 USC 2251 note.>> Findings.
Congress finds that--
(1) the use of children in the production of sexually
explicit material, including photographs, films, videos,
computer images, and other visual depictions, is a form of
sexual abuse which can result in physical or psychological harm,
or both, to the children involved;
(2) where children are used in its production, child
pornography permanently records the victim's abuse, and its
continued existence causes the child victims of sexual abuse
continuing harm by haunting those children in future years;
(3) child pornography is often used as part of a method of
seducing other children into sexual activity; a child who is
reluctant to engage in sexual activity with an adult, or to pose
for sexually explicit photographs, can sometimes be convinced by
viewing depictions of other children ``having fun''
participating in such activity;
(4) child pornography is often used by pedophiles and child
sexual abusers to stimulate and whet their own sexual appetites,
and as a model for sexual acting out with children; such use of
child pornography can desensitize the viewer to the pathology of
sexual abuse or exploitation of children, so that it can become
acceptable to and even preferred by the viewer;
(5) new photographic and computer imagining technologies
make it possible to produce by electronic, mechanical, or other
means, visual depictions of what appear to be children engaging
in sexually explicit conduct that are virtually
indistinguishable to the unsuspecting viewer from unretouched
photographic images of actual children engaging in sexually
explicit conduct;
(6) computers and computer imaging technology can be used
to--
(A) alter sexually explicit photographs, films, and
videos in such a way as to make it virtually impossible
for unsuspecting viewers to identify individuals, or to
determine if the offending material was produced using
children;
(B) produce visual depictions of child sexual
activity designed to satisfy the preferences of
individual child molesters, pedophiles, and pornography
collectors; and
(C) alter innocent pictures of children to create
visual depictions of those children engaging in sexual
conduct;
(7) the creation or distribution of child pornography which
includes an image of a recognizable minor invades the child's
privacy and reputational interests, since images that are
created showing a child's face or other identifiable feature on
a body engaging in sexually explicit conduct can haunt the minor
for years to come;
(8) the effect of visual depictions of child sexual activity
on a child molester or pedophile using that material to
stimulate or whet his own sexual appetites, or on a child where
the material is being used as a means of seducing or breaking
down the child's inhibitions to sexual abuse or exploitation,
[[Page 110 STAT. 3009-27]]
is the same whether the child pornography consists of
photographic depictions of actual children or visual depictions
produced wholly or in part by electronic, mechanical, or other
means, including by computer, which are virtually
indistinguishable to the unsuspecting viewer from photographic
images of actual children;
(9) the danger to children who are seduced and molested with
the aid of child sex pictures is just as great when the child
pornographer or child molester uses visual depictions of child
sexual activity produced wholly or in part by electronic,
mechanical, or other means, including by computer, as when the
material consists of unretouched photographic images of actual
children engaging in sexually explicit conduct;
(10)(A) the existence of and traffic in child pornographic
images creates the potential for many types of harm in the
community and presents a clear and present danger to all
children; and
(B) it inflames the desires of child molesters, pedophiles,
and child pornographers who prey on children, thereby increasing
the creation and distribution of child pornography and the
sexual abuse and exploitation of actual children who are
victimized as a result of the existence and use of these
materials;
(11)(A) the sexualization and eroticization of minors
through any form of child pornographic images has a deleterious
effect on all children by encouraging a societal perception of
children as sexual objects and leading to further sexual abuse
and exploitation of them; and
(B) this sexualization of minors creates an unwholesome
environment which affects the psychological, mental and
emotional development of children and undermines the efforts of
parents and families to encourage the sound mental, moral and
emotional development of children;
(12) prohibiting the possession and viewing of child
pornography will encourage the possessors of such material to
rid themselves of or destroy the material, thereby helping to
protect the victims of child pornography and to eliminate the
market for the sexual exploitative use of children; and
(13) the elimination of child pornography and the protection
of children from sexual exploitation provide a compelling
governmental interest for prohibiting the production,
distribution, possession, sale, or viewing of visual depictions
of children engaging in sexually explicit conduct, including
both photographic images of actual children engaging in such
conduct and depictions produced by computer or other means which
are virtually indistinguishable to the unsuspecting viewer from
photographic images of actual children engaging in such conduct.
Subsection 2. Definitions.
Section 2256 of title 18, United States Code, is amended--
(1) in paragraph (5), by inserting before the semicolon the
following: ``, and data stored on computer disk or by electronic
means which is capable of conversion into a visual image'';
(2) in paragraph (6), by striking ``and'';
[[Page 110 STAT. 3009-28]]
(3) in paragraph (7), by striking the period and inserting a
semicolon; and
(4) by adding at the end the following new paragraphs:
``(8) `child pornography' means any visual depiction,
including any photograph, film, video, picture, or computer or
computer-generated image or picture, whether made or produced by
electronic, mechanical, or other means, of sexually explicit
conduct, where--
``(A) the production of such visual depiction
involves the use of a minor engaging in sexually
explicit conduct;
``(B) such visual depiction is, or appears to be, of
a minor engaging in sexually explicit conduct;
``(C) such visual depiction has been created,
adapted, or modified to appear that an identifiable
minor is engaging in sexually explicit conduct; or
``(D) such visual depiction is advertised, promoted,
presented, described, or distributed in such a manner
that conveys the impression that the material is or
contains a visual depiction of a minor engaging in
sexually explicit conduct; and
``(9) `identifiable minor'--
``(A) means a person--
``(i)(I) who was a minor at the time the
visual depiction was created, adapted, or
modified; or
``(II) whose image as a minor was used in
creating, adapting, or modifying the visual
depiction; and
``(ii) who is recognizable as an actual person
by the person's face, likeness, or other
distinguishing characteristic, such as a unique
birthmark or other recognizable feature; and
``(B) shall not be construed to require proof of the
actual identity of the identifiable minor.''.
Subsection 3. Prohibited Activities Relating to Material Constituting or
Containing Child Pornography.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by adding after section 2252 the following:
``Sec. 2252A. Certain activities relating to material constituting or
containing child pornography
``(a) Any person who--
``(1) knowingly mails, or transports or ships in interstate
or foreign commerce by any means, including by computer, any
child pornography;
``(2) knowingly receives or distributes--
``(A) any child pornography that has been mailed, or
shipped or transported in interstate or foreign commerce
by any means, including by computer; or
``(B) any material that contains child pornography
that has been mailed, or shipped or transported in
interstate or foreign commerce by any means, including
by computer;
``(3) knowingly reproduces any child pornography for
distribution through the mails, or in interstate or foreign
commerce by any means, including by computer;
``(4) either--
``(A) in the special maritime and territorial
jurisdiction of the United States, or on any land or
building owned
[[Page 110 STAT. 3009-29]]
by, leased to, or otherwise used by or under the control
of the United States Government, or in the Indian
country (as defined in section 1151), knowingly sells or
possesses with the intent to sell any child pornography;
or
``(B) knowingly sells or possesses with the intent
to sell any child pornography that has been mailed, or
shipped or transported in interstate or foreign commerce
by any means, including by computer, or that was
produced using materials that have been mailed, or
shipped or transported in interstate or foreign commerce
by any means, including by computer; or
``(5) either--
``(A) in the special maritime and territorial
jurisdiction of the United States, or on any land or
building owned by, leased to, or otherwise used by or
under the control of the United States Government, or in
the Indian country (as defined in section 1151),
knowingly possesses any book, magazine, periodical,
film, videotape, computer disk, or any other material
that contains 3 or more images of child pornography; or
``(B) knowingly possesses any book, magazine,
periodical, film, videotape, computer disk, or any other
material that contains 3 or more images of child
pornography that has been mailed, or shipped or
transported in interstate or foreign commerce by any
means, including by computer, or that was produced using
materials that have been mailed, or shipped or
transported in interstate or foreign commerce by any
means, including by computer,
shall be punished as provided in subsection (b).
``(b)(1) Whoever violates, or attempts or conspires to violate,
paragraphs (1), (2), (3), or (4) of subsection (a) shall be fined under
this title or imprisoned not more than 15 years, or both, but, if such
person has a prior conviction under this chapter or chapter 109A, or
under the laws of any State relating to aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or ward, or the
production, possession, receipt, mailing, sale, distribution, shipment,
or transportation of child pornography, such person shall be fined under
this title and imprisoned for not less than 5 years nor more than 30
years.
``(2) Whoever violates, or attempts or conspires to violate,
subsection (a)(5) shall be fined under this title or imprisoned not more
than 5 years, or both, but, if such person has a prior conviction under
this chapter or chapter 109A, or under the laws of any State relating to
the possession of child pornography, such person shall be fined under
this title and imprisoned for not less than 2 years nor more than 10
years.
``(c) It shall be an affirmative defense to a charge of violating
paragraphs (1), (2), (3), or (4) of subsection (a) that--
``(1) the alleged child pornography was produced using an
actual person or persons engaging in sexually explicit conduct;
``(2) each such person was an adult at the time the material
was produced; and
``(3) the defendant did not advertise, promote, present,
describe, or distribute the material in such a manner as to
convey the impression that it is or contains a visual depiction
of a minor engaging in sexually explicit conduct.''.
[[Page 110 STAT. 3009-30]]
(b) Technical Amendment.--The table of sections for chapter 110 of
title 18, United States Code, is amended by adding after the item
relating to section 2252 the following:
``2252A. Certain activities relating to material constituting or
containing child pornography.''.
Subsection 4. Penalties for Sexual Exploitation of Children.
Section 2251(d) of title 18, United States Code, is amended to
read as follows:
``(d) Any individual who violates, or attempts or conspires to
violate, this section shall be fined under this title or imprisoned not
less than 10 years nor more than 20 years, and both, but if such person
has one prior conviction under this chapter or chapter 109A, or under
the laws of any State relating to the sexual exploitation of children,
such person shall be fined under this title and imprisoned for not less
than 15 years nor more than 30 years, but if such person has 2 or more
prior convictions under this chapter or chapter 109A, or under the laws
of any State relating to the sexual exploitation of children, such
person shall be fined under this title and imprisoned not less than 30
years nor more than life. Any organization that violates, or attempts or
conspires to violate, this section shall be fined under this title.
Whoever, in the course of an offense under this section, engages in
conduct that results in the death of a person, shall be punished by
death or imprisoned for any term of years or for life.''.
Subsection 5. Material Involving Sexual Exploitation of Minors.
Section 2252 of title 18, United States Code, is amended--by
striking subsection (b) and inserting the following:
``(b)(1) Whoever violates, or attempts or conspires to violate,
paragraphs (1), (2), or (3) of subsection (a) shall be fined under this
title or imprisoned not more than 15 years, or both, but if such person
has a prior conviction under this chapter or chapter 109A, or under the
laws of any State relating to aggravated sexual abuse, sexual abuse, or
abusive sexual conduct involving a minor or ward, or the production,
possession, receipt, mailing, sale, distribution, shipment, or
transportation of child pornography, such person shall be fined under
this title and imprisoned for not less than 5 years nor more than 30
years.
``(2) Whoever violates, or attempts or conspires to violate,
paragraph (4) of subsection (a) shall be fined under this title or
imprisoned not more than 5 years, or both, but if such person has a
prior conviction under this chapter or chapter 109A, or under the laws
of any State relating to the possession of child pornography, such
person shall be fined under this title and imprisoned for not less than
2 years nor more than 10 years.''.
Subsection 6. Privacy Protection Act Amendments.
Section 101 of the Privacy Protection Act of 1980 (42 U.S.C.
2000aa) is amended--
(1) in subsection (a)(1), by inserting before the
parenthesis at the end the following: ``, or if the offense
involves the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornography,
the sexual exploitation of children, or the sale or purchase of
children under section
[[Page 110 STAT. 3009-31]]
2251, 2251A, 2252, or 2252A of title 18, United States Code'';
and
(2) in subsection (b)(1), by inserting before the
parenthesis at the end the following: ``, or if the offense
involves the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornography,
the sexual exploitation of children, or the sale or purchase of
children under section 2251, 2251A, 2252, or 2252A of title 18,
United States Code''.
Subsection 7. Amber Hagerman Child <<NOTE: Amber Hagerman Child
Protection Act of 1996. 18 USC 2241
note.>> Protection Act of 1996.
(a) Short Title.--This section may be cited as the ``Amber
Hagerman Child Protection Act of 1996''.
(b) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of title
18, United States Code, is amended to read as follows:
``(c) With Children.--Whoever crosses a State line with intent to
engage in a sexual act with a person who has not attained the age of 12
years, or in the special maritime and territorial jurisdiction of the
United States or in a Federal prison, knowingly engages in a sexual act
with another person who has not attained the age of 12 years, or
knowingly engages in a sexual act under the circumstances described in
subsections (a) and (b) with another person who has attained the age of
12 years but has not attained the age of 16 years (and is at least 4
years younger than that person), or attempts to do so, shall be fined
under this title, imprisoned for any term of years or life, or both. If
the defendant has previously been convicted of another Federal offense
under this subsection, or of a State offense that would have been an
offense under either such provision had the offense occurred in a
Federal prison, unless the death penalty is imposed, the defendant shall
be sentenced to life in prison.''.
(c) Sexual Abuse of a Minor.--Section 2243(a) of title 18, United
States Code, is amended by inserting ``crosses a State line with intent
to engage in a sexual act with a person who has not attained the age of
12 years, or'' after ``Whoever''.
Subsection 8. <<NOTE: 18 USC 2251 note.>> Severability.
If any provision of this Act, including any provision or section
of the definition of the term child pornography, an amendment made by
this Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this Act, including any other provision or section of the definition of
the term child pornography, the amendments made by this Act, and the
application of such to any other person or circumstance shall not be
affected thereby.
This title may be cited as the ``Department of Justice
Appropriations Act, 1997''.
[[Page 110 STAT. 3009-32]]
TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies
Appropriations Act, 1997.>> OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$21,449,000, of which $2,500,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $40,850,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign Commercial
Service between two points abroad, without regard to 49 U.S.C. 1517;
employment of Americans and aliens by contract for services; rental of
space abroad for periods not exceeding ten years, and expenses of
alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph of 28
U.S.C. 2672 when such claims arise in foreign countries; not to exceed
$327,000 for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed $30,000
per vehicle; obtain insurance on official motor vehicles; and rent tie
lines and teletype equipment; $270,000,000, to remain available until
expended: Provided, That the provisions of the first sentence of section
105(f) and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in
carrying out these activities without regard to section 5412 of the
Omnibus Trade and Competitiveness Act of 1988 (15
[[Page 110 STAT. 3009-33]]
U.S.C. 4912); and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act shall
include payment for assessments for services provided as part of these
activities.
Export Administration
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
rental of space abroad for periods not exceeding ten years, and expenses
of alteration, repair, or improvement; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $15,000 for official
representation expenses abroad; awards of compensation to informers
under the Export Administration Act of 1979, and as authorized by 22
U.S.C. 401(b); purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law; $36,000,000, to remain available until expended:
Provided, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in
carrying out these activities: Provided further, That payments and
contributions collected and accepted for materials or services provided
as part of such activities may be retained for use in covering the cost
of such activities, and for providing information to the public with
respect to the export administration and national security activities of
the Department of Commerce and other export control programs of the
United States and other governments.
For an additional amount for nonproliferation efforts to prevent
illegal exports of chemical weapon precursors, biological agents,
nuclear weapons and missile development equipment, $3,900,000, 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.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, Public
Law 91-304, and such laws that were in effect immediately before
September 30, 1982, and for trade adjustment assistance, $328,500,000:
Provided, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the Secretary
of Commerce
[[Page 110 STAT. 3009-34]]
may provide financial assistance for projects to be located on military
installations closed or scheduled for closure or realignment to grantees
eligible for assistance under the Public Works and Economic Development
Act of 1965, as amended, without it being required that the grantee have
title or ability to obtain a lease for the property, for the useful life
of the project, when in the opinion of the Secretary of Commerce, such
financial assistance is necessary for the economic development of the
area: Provided further, That the Secretary of Commerce may, as the
Secretary considers appropriate, consult with the Secretary of Defense
regarding the title to land on military installations closed or
scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $20,036,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $28,000,000: Provided, That of the total amount
provided, $2,000,000 shall be available for obligation and expenditure
only for projects jointly developed, implemented and administered with
the Small Business Administration.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$45,900,000, to remain available until September 30, 1998.
economics and statistics administration revolving fund
The Secretary of Commerce <<NOTE: 15 USC 1527a note.>> is
authorized to disseminate economic and statistical data products as
authorized by sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-
1527) and, notwithstanding section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912), charge fees necessary to
recover the full costs incurred in their production. Notwithstanding 31
U.S.C. 3302, receipts received from these data dissemination activities
shall be credited to this account, to be available for carrying out
these purposes without further appropriation.
[[Page 110 STAT. 3009-35]]
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $135,000,000.
periodic censuses and programs
For expenses necessary to collect and publish statistics for
periodic censuses and programs provided for by law, $210,500,000, to
remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $15,000,000,
to remain available until expended: Provided, That notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies
for costs incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain available
until expended: Provided further, That <<NOTE: 47 USC 903 note.>>
hereafter, notwithstanding any other provision of law, NTIA shall not
authorize spectrum use or provide any spectrum functions pursuant to the
NTIA Organization Act, 47 U.S.C. Sec. Sec. 902-903, to any Federal
entity without reimbursement as required by NTIA for such spectrum
management costs, and Federal entities withholding payment of such cost
shall not use spectrum: Provided further, That the Secretary of Commerce
is authorized to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government agencies
for all costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences of
the NTIA, in furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall remain
available until expended.
public broadcasting facilities, planning and construction
For grants authorized by section 392 of the Communications Act of
1934, as amended, $15,250,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $1,500,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $21,490,000, to remain available until expended as
authorized by section 391 of the Act, as amended:
[[Page 110 STAT. 3009-36]]
Provided, That not to exceed $3,000,000 shall be available for program
administration and other support activities as authorized by section
391: Provided further, That of the funds appropriated herein, not to
exceed 5 percent may be available for telecommunications research
activities for projects related directly to the development of a
national information infrastructure: Provided further, That
notwithstanding the requirements of section 392(a) and 392(c) of the
Act, these funds may be used for the planning and construction of
telecommunications networks for the provision of educational, cultural,
health care, public information, public safety, or other social
services.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks, $61,252,000, to remain available
until expended: Provided, That the funds made available under this
heading are to be derived from deposits in the Patent and Trademark
Office Fee Surcharge Fund as authorized by law: Provided further, That
the amounts made available under the Fund shall not exceed amounts
deposited; and such fees as shall be collected pursuant to 15 U.S.C.
1113 and 35 U.S.C. 41 and 376, shall remain available until expended.
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $9,500,000: Provided, That $2,500,000 of
the total amount provided under this heading shall be available to
support the United States-Israel Science and Technology Commission.
Science and Technology
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $268,000,000, to remain available until expended, of which
not to exceed $1,625,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership
of the National Institute of Standards and Technology, $95,000,000, to
remain available until expended, of which not to exceed $300,000 may be
transferred to the ``Working Capital Fund'': Provided, <<NOTE: 15 USC
278k note.>> That notwithstanding the time limitations imposed by 15
U.S.C. 278k(c) (1) and (5) on the duration of Federal financial
assistance that may be awarded by the Secretary of Commerce
[[Page 110 STAT. 3009-37]]
to Regional Centers for the transfer of Manufacturing Technology
(``Centers''), such Federal financial assistance for a Center may
continue beyond six years and may be renewed for additional periods, not
to exceed one year, at a rate not to exceed one-third of the Center's
total annual costs, subject before any such renewal to a positive
evaluation of the Center and to a finding by the Secretary of Commerce
that continuation of Federal funding to the Center is in the best
interest of the Regional Centers for the transfer of Manufacturing
Technology Program.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$225,000,000, to remain available until expended, of which not to exceed
$500,000 may be transferred to the ``Working Capital Fund.''
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including acquisition,
maintenance, operation, and hire of aircraft; <<NOTE: 33 USC 851.>> not
to exceed 299 commissioned officers on the active list as of September
30, 1997; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities pursuant to
cooperative agreements; and alteration, modernization, and relocation of
facilities as authorized by 33 U.S.C. 883i; $1,854,067,000, to remain
available until expended: Provided, That notwithstanding 31 U.S.C. 3302
but consistent with other existing law, fees shall be assessed,
collected, and credited to this appropriation as offsetting collections
to be available until expended, to recover the costs of administering
aeronautical charting programs: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such additional
fees are received during fiscal year 1997, so as to result in a final
general fund appropriation estimated at not more than $1,851,067,000:
Provided further, That any such additional fees received in excess of
$3,000,000 in fiscal year 1997 shall not be available for obligation
until October 1, 1997: Provided further, That fees and donations
received by the National Ocean Service for the management of the
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That in addition, $66,000,000 shall be derived
by transfer from the fund entitled ``Promote and Develop Fishery
Products and Research Pertaining to American Fisheries'': Provided
further, That grants to States pursuant to sections 306 and 306A of the
Coastal Zone Management Act of 1972, as amended, shall not exceed
$2,000,000: Provided further, That not later than November 15, 1996, the
Department of Commerce, in conjunction with the National Oceanic and
Atmospheric Administration, shall submit to the appropriate committees
of the Congress, a long-term plan and a legislative proposal necessary
to implement such plan regarding the continuation of a National Oceanic
and Atmospheric Administration commissioned corps.
[[Page 110 STAT. 3009-38]]
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $7,800,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e)
of such Act.
construction
For repair and modification of, and additions to, existing
facilities and construction of new facilities, and for facility planning
and design and land acquisition not otherwise provided for the National
Oceanic and Atmospheric Administration, $58,250,000, to remain available
until expended, of which $8,500,000 shall be available only for a grant
to the University of New Hampshire for construction and related expenses
for an environmental technology facility.
fleet modernization, shipbuilding and conversion
For expenses necessary for the repair, acquisition, leasing, or
conversion of vessels, including related equipment to maintain and
modernize the existing fleet and to continue planning the modernization
of the fleet, for the National Oceanic and Atmospheric Administration,
$8,000,000, to remain available until expended.
fishing vessel and gear damage compensation fund
For carrying out the provisions of section 3 of Public Law 95-376,
not to exceed $200,000, to be derived from receipts collected pursuant
to subsections (b) and (f) of section 10 of the Fishermen's Protective
Act of 1967 (22 U.S.C. 1980), to remain available until expended.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $1,000,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson Fishery Conservation and Management Act of 1976, as amended
(Public Law 100-627), and the American Fisheries Promotion Act (Public
Law 96-561), to be derived from the fees imposed under the foreign
fishery observer program authorized by these Acts, not to exceed
$196,000, to remain available until expended.
fishing vessel obligations guarantees
For the cost of guaranteed loans, $250,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used to
guarantee loans for any new fishing
[[Page 110 STAT. 3009-39]]
vessel that will increase the harvesting capacity in any United States
fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $28,490,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504),
$20,140,000.
National Institute of Standards and Technology
construction of research facilities
(rescission)
Of the obligated and unobligated balances available under this
heading, $16,000,000 are rescinded.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(rescission)
Of the unobligated balances available under this heading,
$20,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce by
this Act shall be available for the activities specified in the Act of
October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary that such
payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that are
under the control of the United States Air Force or the United States
Air Force Reserve.
Sec. 204. None <<NOTE: 13 USC 23 note.>> of the funds provided in
this or any previous Act, or hereinafter made available to the
Department of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to pay for any
expenses
[[Page 110 STAT. 3009-40]]
paid before October 1, 1992, as authorized by section 8501 of title 5,
United States Code, for services performed after April 20, 1990, by
individuals appointed to temporary positions within the Bureau of the
Census for purposes relating to the 1990 decennial census of population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, the Secretary of Commerce, no
later than 90 days thereafter, shall submit to the Committees on
Appropriations of the House and the Senate a plan for transferring funds
provided in this Act to the appropriate successor organizations:
Provided, That the plan shall include a proposal for transferring or
rescinding funds appropriated herein for agencies or programs terminated
under such legislation: Provided further, That such plan shall be
transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any
successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce to
cover the costs of actions relating to the abolishment, reorganization,
or transfer of functions and any related personnel action, including
voluntary separation incentives if authorized by such legislation:
Provided, That the authority to transfer funds between appropriations
accounts that may be necessary to carry out this section is provided in
addition to authorities included under section 205 of this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 207. Any costs incurred by a Department or agency funded
under this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 208. <<NOTE: 16 USC 1851 note.>> None of the funds
appropriated under this Act or any other Act henceforth may be used to
develop new fishery management plans, amendments, or regulations which
create new individual fishing quota programs (whether such quotas are
transferable or not) or to implement any such plans, amendments or
regulations approved by a Regional Fishery Management Council or the
Secretary after January 4, 1995, until offsetting fees to
[[Page 110 STAT. 3009-41]]
pay for the cost of administering such plans, amendments, or regulations
are expressly authorized under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). This restriction shall also
apply to any program relating to the Gulf of Mexico commercial red
snapper fishery that authorizes the consolidation of licenses, permits
or endorsements that result in different trip limits for vessels in the
same class. This restriction shall not apply in any way to the North
Pacific halibut and sablefish, South Atlantic wreckfish, or the Mid-
Atlantic surfclam and ocean (including mahogany) quohog individual
fishing quota programs. The term ``individual fishing quota'' does not
include a community development quota.
Sec. 209. The Secretary may award contracts for hydrographic,
geodetic, and photogrammetric surveying and mapping services in
accordance with title IX of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 541 et seq.).
Sec. 210. <<NOTE: 13 USC 11 note.>> There is hereby established
the Bureau of the Census Working Capital Fund, which shall be available
without fiscal year limitation, for expenses and equipment necessary for
the maintenance and operation of such services and projects as the
Director of the Census Bureau determines may be performed more
advantageously when centralized: Provided, That such central services
shall, to the fullest extent practicable, be used to make unnecessary
the maintenance of separate like services in the divisions and offices
of the Bureau: Provided further, That a separate schedule of
expenditures and reimbursements, and a statement of the current assets
and liabilities of the Working Capital Fund as of the close of the last
completed fiscal year, shall be prepared each year: Provided further,
That notwithstanding 31 U.S.C. 3302, the Working Capital Fund may be
credited with advances and reimbursements from applicable appropriations
of the Bureau and from funds of other agencies or entities for services
furnished pursuant to law: Provided further, That any inventories,
equipment, and other assets pertaining to the services to be provided by
such funds, either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made hereafter for the
purpose of providing capital, shall be used to capitalize the Working
Capital Fund: Provided further, That the Working Capital Fund shall
provide for centralized services at rates which will return in full all
expenses of operation, including depreciation of fund plant and
equipment, amortization of automated data processing software and
hardware systems, and an amount necessary to maintain a reasonable
operating reserve as determined by the Director.
Sec. 211. <<NOTE: 16 USC 1801 note.>> (a) Effective 15 days after
the enactment of the Sustainable Fisheries Act, section 1 of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall
be amended to read as follows: ``That this Act may be cited as the
`Magnuson-Stevens Fishery Conservation and Management Act'.''
(b) <<NOTE: 16 USC 1801 note.>> Effective 15 days after the
enactment of the Sustainable Fisheries Act, all references to the
Magnuson Fishery Conservation and Management Act shall be redesignated
as references to the Magnuson-Stevens Fishery Conservation and
Management Act.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 1997''.
[[Page 110 STAT. 3009-42]]
TITLE <<NOTE: The Judiciary Appropriations Act, 1997.>> III--THE
JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve; $27,157,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon him by the Act
approved May 7, 1934 (40 U.S.C. 13a-13b), $2,800,000, of which $260,000
shall remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $15,013,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services as authorized by 5 U.S.C.
3109, and necessary expenses of the court, as authorized by law,
$11,114,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,556,000,000 (including the purchase of
firearms and ammunition); of which not to exceed $13,454,000 shall
remain available until expended for space alteration projects; of which
$500,000 shall be transferred to the Commission on Structural
Alternatives for the Federal Courts of
[[Page 110 STAT. 3009-43]]
Appeals only after legislation is enacted to establish the Commission;
of which not to exceed $10,000,000 shall remain available until expended
for furniture and furnishings related to new space alteration and
construction projects; and of which $500,000 is to remain available
until expended for acquisition of books, periodicals, and newspapers,
and all other legal reference materials, including subscriptions.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,390,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
For an additional amount for expenses relating to additional
workload from the Antiterrorism and Effective Death Penalty Act of 1996,
and for Court Security needs, $10,000,000, 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 the amount not previously designated by the
President as an emergency requirement 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 the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to Congress.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by law,
$30,000,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund, as authorized by section
190001(a) of Public Law 103-322.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of expenses
of attorneys appointed to represent persons under the Criminal Justice
Act of 1964, as amended; the compensation and reimbursement of expenses
of persons furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; and the compensation of attorneys ap-
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871
and 1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $67,000,000, to remain available until
expended: Provided, That
[[Page 110 STAT. 3009-44]]
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title 5,
United States Code.
court security
For necessary expenses, not otherwise provided for, incident to
the procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection of
packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702); $127,000,000, to be expended directly
or transferred to the United States Marshals Service which shall be
responsible for administering elements of the Judicial Security Program
consistent with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the Attorney
General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $49,450,000, of which not to exceed $7,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,495,000; of which $1,800,000 shall
remain available through September 30, 1998, to provide education and
training to Federal court personnel; and of which not to exceed $1,000
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $21,000,000, to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,300,000, and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code, $8,490,000, of
which not to exceed $1,000 is authorized for official reception and
representation expenses.
[[Page 110 STAT. 3009-45]]
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Appropriations made in this title shall be available for
salaries and expenses of the Special Court established under the
Regional Rail Reorganization Act of 1973, Public Law 93-236.
Sec. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 304. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $10,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in his capacity as Secretary of the Judicial
Conference.
Sec. 305. Section 612(l) of title 28, United States Code, shall be
amended as follows: strike ``1997'', and insert in lieu thereof
``1998''.
Sec. 306. <<NOTE: 18 USC 3626 note.>> None of the funds available
to the Judiciary in fiscal years 1996 and 1997 and hereafter shall be
available for expenses authorized pursuant to section 802(a) of title
VIII of section 101(a) of title I of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996, Public Law 104-134, for
costs related to the appointment of Special Masters prior to April 26,
1996.
Sec. 307. The United States courthouse at 310 West Sixth Street in
Medford, Oregon, shall be known and designated as the ``James A. Redden
Federal Courthouse''.
Any reference in a law, map, regulation, document, paper, or other
record of the United States to the United States courthouse at 310 West
Sixth Street in Medford, Oregon, shall be deemed to be a reference to
the ``James A. Redden Federal Courthouse''.
This title may be cited as ``The Judiciary Appropriations Act,
1997''.
[[Page 110 STAT. 3009-46]]
TITLE <<NOTE: Department of State and Related Agencies Appropriations
Act, 1997.>> IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including expenses authorized by the
State Department Basic Authorities Act of 1956, as amended;
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
acquisition by exchange or purchase of passenger motor vehicles as
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and
for expenses of general administration; <<NOTE: 8 USC 1351
note.>> $1,700,450,000: Provided, That notwithstanding section
140(a)(5), and the second sentence of section 140(a)(3), of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236), not to exceed $150,000,000 of fees may be collected during fiscal
year 1997 under the authority of section 140(a)(1) of that Act: Provided
further, That all fees collected under the preceding proviso shall be
deposited in fiscal year 1997 as an offsetting collection to
appropriations made under this heading to recover the costs of providing
consular services and shall remain available until expended: Provided
further, That in <<NOTE: 22 USC 2695b.>> fiscal year 1998, a system
shall be in place that allocates to each department and agency the full
cost of its presence outside of the United States.
Of the funds provided under this heading, $24,856,000 shall be
available only for the Diplomatic Telecommunications Service for
operation of existing base services and not to exceed $17,230,000 shall
be available only for the enhancement of the Diplomatic
Telecommunications Service and shall remain available until expended. Of
the latter amount, $2,500,000 shall not be made available until
expiration of the 15 day period beginning on the date when the Secretary
of State and the Director of the Diplomatic Telecommunications Service
submit the pilot program report required by section 507 of Public Law
103-317.
In addition, not to exceed $700,000 in registration fees collected
pursuant to section 38 of the Arms Export Control Act, as amended, may
be used in accordance with section 45 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2717); and in addition not to exceed
$1,223,000 shall be derived from fees collected from other executive
agencies for lease or use of facilities located at the International
Center in accordance with section 4 of the International Center Act
(Public Law 90-553), as amended; and in addition, as authorized by
section 5 of such Act $450,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out in that
section; and in addition not to exceed $15,000 which shall be derived
from reimbursements, surcharges, and fees for use of Blair House
facilities in accordance with section 46 of the State of Department
Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 percent
of the amounts made available in this Act in the appropriation accounts
``Diplomatic and Consular Programs'' and ``Salaries and
[[Page 110 STAT. 3009-47]]
Expenses'' under the heading ``Administration of Foreign Affairs'' may
be transferred between such appropriation accounts: Provided, That any
transfer pursuant to this sentence shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
For an additional amount for counterterrorism requirements
overseas, including security guards and equipment, $23,700,000, 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.
salaries and expenses
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August 31,
1964, as amended (31 U.S.C. 3721), and the State Department Basic
Authorities Act of 1956, as amended, $352,300,000.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$24,600,000, to remain available until expended, as authorized in Public
Law 103-236: Provided, That section 135(e) of Public Law 103-236 shall
not apply to funds appropriated under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as
it relates to post <<NOTE: 5 USC app.>> inspections: Provided, That
notwithstanding any other provision of law, the merger of the Office of
Inspector General of the United States Information Agency with the
Office of Inspector General of the Department of State provided for in
the Departments of Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 1996, contained in Public Law 104-
134, is effective hereafter.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,490,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,332,000,
to remain available until September 30, 1998.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the
[[Page 110 STAT. 3009-48]]
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4851), $364,495,000, to remain available until expended as authorized by
section 24(c) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2696(c)): Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture and
furnishings and generators for other departments and agencies.
For an additional amount for security improvements, necessary
relocation expenses, and security equipment for United States diplomatic
facilities and missions overseas, $24,825,000, to remain available until
expended: Provided, That of this amount $9,400,000 is for security
projects on behalf of United States and Foreign Commercial Service
missions and $1,125,000 is for security projects on behalf of United
States Information Agency missions: 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 the amount not
previously designated by the President as an emergency requirement 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 the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted to Congress.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e), $5,800,000, to remain
available until expended as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by section 4
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry out
the direct loan program, $663,000 which may be transferred to and merged
with the Salaries and Expenses account under Administration of Foreign
Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96-8 (93 Stat. 14), $14,490,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $126,491,000.
[[Page 110 STAT. 3009-49]]
International Organizations and Confer <<NOTE: 22 USC 269a note.>> ences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $892,000,000:
Provided, That any payment of arrearages shall be directed toward
special activities that are mutually agreed upon by the United States
and the respective international organization: Provided further, That 20
percent of the funds appropriated in this paragraph for the assessed
contribution of the United States to the United Nations shall be
withheld from obligation and expenditure until a certification is made
under section 401(b) of Public Law 103-236 for fiscal year 1997:
Provided further, That certification under section 401(b) of Public Law
103-236 for fiscal year 1997 may only be made if the Committees on
Appropriations and Foreign Relations of the Senate and the Committees on
Appropriations and International Relations of the House of
Representatives are notified of the steps taken, and anticipated, to
meet the requirements of section 401(b) of Public Law 103-236 at least
15 days in advance of the proposed certification: Provided further, That
none of the funds appropriated in this paragraph shall be available for
a United States contribution to an international organization for the
United States share of interest costs made known to the United States
Government by such organization for loans incurred on or after October
1, 1984, through external borrowings: Provided further, That of the
funds appropriated in this paragraph, $100,000,000 may be made available
only pursuant to a certification by the Secretary of State by no later
than January 30, 1997, that the United Nations has taken no action
during calendar year 1996 to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in the
United Nations budget and cause the United Nations to exceed its no
growth budget for the biennium 1996-1997 adopted in December, 1995:
Provided further, That if the Secretary of State is unable to make the
aforementioned certification, the $100,000,000 is to be applied to
paying the current year assessment for other international organizations
for which the assessment has not been paid in full or to paying the
assessment due in the next fiscal year for such organizations, subject
to the reprogramming procedures contained in Section 605 of this Act:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $10,000,000 may be transferred from the funds made available
under this heading to the ``International Conferences and
Contingencies'' account for assessed contributions to new or provisional
international organizations or for travel expenses of official delegates
to international conferences: Provided further, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance
[[Page 110 STAT. 3009-50]]
or restoration of international peace and security $352,400,000, of
which $50,000,000 is for payment of arrearages accumulated in 1995, and
which shall be available only upon certification by the Secretary of
State that at least two of the following have been achieved: (1) savings
of at least $100,000,000 will be achieved in the biennial expenses of
the following United Nations divisions and activities--the United
Nations Conference on Trade and Development, the Regional Economic
Commissions, the Department of Public Information, and the Department of
Conference Services, travel and overtime; (2) the number of professional
and general service staff employed by the United Nations Secretariat at
the conclusion of the 1996-1997 biennium will be at least ten percent
below the number of such positions on January 1, 1996; and (3) the
United Nations has adopted a budget outline for the 1998-1999 biennium
that is below $2,608,000,000; as part of a five-year program to achieve
major cost-saving reforms in the United Nations and specialized
agencies: Provided, That none of the funds made available under this Act
shall be obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least fifteen days in advance of voting
for the new or expanded mission in the United Nations Security Council
(or in an emergency, as far in advance as is practicable), (1) the
Committees on Appropriations of the House of Representatives and the
Senate and other appropriate Committees of the Congress are notified of
the estimated cost and length of the mission, the vital national
interest that will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is submitted,
and the procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded mission:
Provided further, That funds shall be available for peacekeeping
expenses only upon a certification by the Secretary of State to the
appropriate committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment, services,
and material for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers.
International Commissions
For necessary <<NOTE: 22 USC 269a note.>> expenses, not otherwise
provided for, to meet obligations of the United States arising under
treaties, or specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$15,490,000.
[[Page 110 STAT. 3009-51]]
construction
For detailed plan preparation and construction of authorized
projects, $6,463,000, to remain available until expended, as authorized
by section 24(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182;
$5,490,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $14,549,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501
of Public Law 101-246, $8,000,000, to remain available until expended,
as authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms control,
nonproliferation, and disarmament activities, $41,500,000, of which not
to exceed $50,000 shall be for official reception and representation
expenses as authorized by the Act of September 26, 1961, as amended (22
U.S.C. 2551 et seq.).
United States Information Agency
salaries and expenses
For expenses, not otherwise provided for, necessary to enable the
United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), the United States Information and Educational Exchange
Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to carry out
related activities authorized by law, including employment, without
regard to civil service and classification laws,
[[Page 110 STAT. 3009-52]]
of persons on a temporary basis (not to exceed $700,000 of this
appropriation), as authorized by section 801 of such Act of 1948 (22
U.S.C. 1471), and entertainment, including official receptions, within
the United States, not to exceed $25,000 as authorized by section 804(3)
of such Act of 1948 (22 U.S.C. 1474(3)); $440,000,000: Provided, That
not to exceed $1,400,000 may be used for representation abroad as
authorized by section 302 of such Act of 1948 (22 U.S.C. 1452) and
section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085):
Provided further, That not to exceed $7,615,000, to remain available
until expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching, library,
motion pictures, and publication programs as authorized by section 810
of such Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other
law, fees from student advising and counseling: Provided further; That
not to exceed $1,100,000 to remain available until expended may be used
to carry out projects involving security construction and related
improvements for agency facilities not physically located together with
Department of State facilities abroad.
For an additional amount for necessary expenses relating to
security, $1,375,000: 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, a
amended.
technology fund
For expenses necessary to enable the United States Information
Agency to provide for the procurement of information technology
improvements, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.),
the Mutual Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat.
1636), $5,050,000, to remain available until expended.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized by the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), $185,000,000, to remain available until expended
as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455).
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 1997, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-
[[Page 110 STAT. 3009-53]]
profit Organizations), including the restrictions on compensation for
personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
1997, to remain available until expended.
international broadcasting operations
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Educational
Exchange Act of 1948, as amended, the United States International
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of
1977, to carry out international communication activities; $325,000,000,
of which not to exceed $16,000 may be used for official receptions
within the United States as authorized by section 804(3) of such Act of
1948 (22 U.S.C. 1474(3)), not to exceed $35,000 may be used for
representation abroad as authorized by section 302 of such Act of 1948
(22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22
U.S.C. 4085), and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/Radio
Liberty; and in addition, not to exceed $250,000 from fees as authorized
by section 810 of such Act of 1948 (22 U.S.C. 1475e), to remain
available until expended for carrying out authorized purposes; and in
addition, notwithstanding any other provision of law, not to exceed
$1,000,000 in monies received (including receipts from advertising, if
any) by or for the use of the United States Information Agency from or
in connection with broadcasting resources owned by or on behalf of the
Agency, to be available until expended for carrying out authorized
purposes.
broadcasting to cuba
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the
Television Broadcasting to Cuba Act, and the International Broadcasting
Act of 1994, including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and reception, and
purchase and installation of necessary equipment for radio and
television transmission and reception, $25,000,000, to remain available
until expended.
radio construction
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase and
installation of necessary equipment for radio and television
transmission and reception as authorized by section 801 of the United
States Information and Educational Exchange Act of 1948 (22 U.S.C.
1471), $35,490,000, to remain available until expended, as authorized by
section 704(a) of such Act of 1948 (22 U.S.C. 1477b(a)).
[[Page 110 STAT. 3009-54]]
east-west center
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the Center for Cultural and
Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054-
2057), by grant to the Center for Cultural and Technical Interchange
Between East and West in the State of Hawaii, $10,000,000: Provided,
That none of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment thereof, in
excess of the rate authorized by 5 U.S.C. 5376.
north/south center
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the North/South Center Act of
1991 (22 U.S.C. 2075), by grant to an educational institution in Florida
known as the North/South Center, $1,495,000, to remain available until
expended.
national endowment for democracy
For grants made by the United States Information Agency to the
National Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $30,000,000, to remain available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of 5 U.S.C.; for services as authorized by 5
U.S.C. 3109; and hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds hereafter appropriated <<NOTE: 22 USC 268c.>> or
otherwise made available under this Act or any other Act may be expended
for compensation of the United States Commissioner of the International
Boundary Commission, United States and Canada, only for actual hours
worked by such Commissioner.
Sec. 404. Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency,
[[Page 110 STAT. 3009-55]]
and the Department of State may be obligated and expended
notwithstanding section 701 of the United States Information and
Educational Exchange Act of 1948 and section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, section 53 of
the Arms Control and Disarmament Act, and section 15 of the State
Department Basic Authorities Act of 1956.
Sec. 405. Any costs incurred by a Department or agency funded
under this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 406. Starting sixty days after enactment of this Act, none of
the funds made available by this Act may be made available to support
the activities of the Standing Consultative Commission (SCC) unless the
President provides to the Congress a report containing a detailed
analysis of whether the Memorandum of Understanding on Succession and
the Agreed Statement regarding Demarcation agreed to by the Standing
Consultative Commission on June 24, 1996, which was reaffirmed by
Secretary of State Warren Christopher and Minister of Foreign Affairs
Evgeny Primakov on September 23, 1996, represent substantive changes to
the Anti-Ballistic Missile Treaty of 1972 and whether these agreements
will require the advice and consent of the Senate of the United States.
Sec. 407. Section 1 of the Act of June 4, 1920 (41 Stat. 750; 22
U.S.C. 214) is amended by--
(1) inserting before the period at the end of the first
sentence the following: ``; except that the Secretary of State
may by regulation authorize State officials or the United States
Postal Service to collect and retain the execution fee for each
application for a passport accepted by such officials or by that
Service''; and
(2) striking the second sentence.
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1997''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-differential
subsidies, as authorized by the Merchant Marine Act, 1936, as amended,
$148,430,000, to remain available until expended.
[[Page 110 STAT. 3009-56]]
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $54,000,000, to remain available until expended: Provided, That
these funds will be available only upon enactment of an authorization
for this program.
operations and training
For necessary expenses of operations and training activities
authorized by law, $65,000,000: Provided, That reimbursements may be
made to this appropriation from receipts to the ``Federal Ship Financing
Fund'' for administrative expenses in support of that program in
addition to any amount heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $37,450,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,450,000, which shall be
transferred to and merged with the appropriation for Operations and
Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine Act, 1936,
or otherwise, in excess of the appropriations and limitations contained
in this Act or in any prior appropriation Act, and all receipts which
otherwise would be deposited to the credit of said fund shall be covered
into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $206,000, as authorized by Public Law 99-83, section
1303.
[[Page 110 STAT. 3009-57]]
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,740,000: Provided, That
not to exceed $50,000 may be used to employ consultants: Provided
further, That none of the funds appropriated in this paragraph shall be
used to employ in excess of four full-time individuals under Schedule C
of the Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than 75
billable days, with the exception of the Chairperson who is permitted
125 billable days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration Reform
pursuant to section 141(f) of the Immigration Act of 1990, $2,196,000,
to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $1,090,000,
to remain available until expended as authorized by section 3 of Public
Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; not to exceed $27,500,000, for payments to State and
local enforcement agencies for services to the Commission pursuant to
title VII of the Civil Rights Act of 1964, as amended, sections 6 and 14
of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991;
$239,740,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission,
as authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed
[[Page 110 STAT. 3009-58]]
$4,000 for official reception and representation expenses; purchase (not
to exceed sixteen) and hire of motor vehicles; special counsel fees; and
services as authorized by 5 U.S.C. 3109; $189,079,000, of which not to
exceed $300,000 shall remain available until September 30, 1998, for
research and policy studies: Provided, That $152,523,000 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, as amended, and shall be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated shall be reduced as such offsetting collections are
received during fiscal year 1997 so as to result in a final fiscal year
1997 appropriation estimated at $36,556,000: Provided further, That any
offsetting collections received in excess of $152,523,000 in fiscal year
1997 shall remain available until expended, but shall not be available
for obligation until October 1, 1997.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act of 1936, as
amended (46 App. U.S.C. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-02; $14,000,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses; $85,930,000:Provided, That not to exceed
$300,000 shall be available for use to contract with a person or persons
for collection services in accordance with the terms of 31 U.S.C. 3718,
as amended: Provided further, That notwithstanding any other provision
of law, not to exceed $58,905,000 of offsetting collections derived from
fees collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1997, so as to
result in a final fiscal year 1997 appropriation from the General Fund
estimated at not more than $27,025,000, to remain available until
expended: Provided further, That any fees received in excess of
$58,905,000 in fiscal year 1997 shall remain available until expended,
but shall not be available for obligation until October 1, 1997:
Provided further, That none of the funds made available to the Federal
Trade Commission shall be available for obligation for expenses
[[Page 110 STAT. 3009-59]]
authorized by section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).
Gambling Impact Study Commission
salaries and expenses
For necessary expenses of the National Gambling Impact Study
Commission, $4,000,000 to remain available until expended: Provided,
That these funds will be available only upon enactment of an
authorization for this Commission.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$283,000,000, of which $274,400,000 is for basic field programs and
required independent audits; $1,500,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients; and $7,100,000 is for
management and administration.
administrative provisions--legal services corporation
Sec. 501. (a) Continuation of Competitive Selection Process.--None
of the funds appropriated in this Act to the Legal Services Corporation
may be used to provide financial assistance to any person or entity
except through a competitive selection process conducted in accordance
with regulations promulgated by the Corporation in accordance with the
criteria set forth in subsections (c), (d), and (e) of section 503 of
Public Law 104-134 (110 Stat. 1321-52 et seq.).
(b) Inapplicability of Noncompetitive Procedures.--For purposes of
the funding provided in this Act, rights under sections 1007(a)(9) and
1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42
U.S.C. 2996j) shall not apply.
Sec. 502. (a) Continuation of Requirements and Restrictions.--None
of the funds appropriated in this Act to the Legal Services Corporation
shall be expended for any purpose prohibited or limited by, or contrary
to any of the provisions of--
(1) sections 501, 502, 505, 506, and 507 of Public Law 104-
134 (110 Stat. 1321-51 et seq.), and all funds appropriated in
this Act to the Legal Services Corporation shall be subject to
the same terms and conditions as set forth in such sections,
except that all references in such sections to 1995 and 1996
shall be deemed to refer instead to 1996 and 1997, respectively;
and
(2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et
seq.), and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such section, except that--
(A) subsection (c) of such section 504 shall not
apply;
(B) paragraph (3) of section 508(b) of Public Law
104-134 (110 Stat. 1321-58) shall apply with respect to
the requirements of subsection (a)(13) of such section
504, except that all references in such section 508(b)
to the
[[Page 110 STAT. 3009-60]]
date of enactment shall be deemed to refer to April 26,
1996; and
(C) subsection (a)(11) of such section 504 shall not
be construed to prohibit a recipient from using funds
derived from a source other than the Corporation to
provide related legal assistance to--
(i) an alien who has been battered or
subjected to extreme cruelty in the United States
by a spouse or a parent, or by a member of the
spouse's or parent's family residing in the same
household as the alien and the spouse or parent
consented or acquiesced to such battery or
cruelty; or
(ii) an alien whose child has been battered or
subjected to extreme cruelty in the United States
by a spouse or parent of the alien (without the
active participation of the alien in the battery
or extreme cruelty), or by a member of the
spouse's or parent's family residing in the same
household as the alien and the spouse or parent
consented or acquiesced to such battery or
cruelty, and the alien did not actively
participate in such battery or cruelty.
(b) Definitions.--For purposes of subsection (a)(2)(C):
(1) The term ``battered or subjected to extreme cruelty''
has the meaning given such term under regulations issued
pursuant to subtitle G of the Violence Against Women Act of 1994
(Pub. L. 103-322; 108 Stat. 1953).
(2) The term ``related legal assistance'' means legal
assistance directly related to the prevention of, or obtaining
of relief from, the battery or cruelty described in such
subsection.
Sec. 503. (a) Continuation of Audit Requirements.--The
requirements of section 509 of Public Law 104-134 (110 Stat. 1321-58 et
seq.), other than subsection (l) of such section, shall apply during
fiscal year 1997.
(b) Requirement of Annual Audit.--An annual audit of each person
or entity receiving financial assistance from the Legal Services
Corporation under this Act shall be conducted during fiscal year 1997 in
accordance with the requirements referred to in subsection (a).
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended, $1,189,000.
National Bankruptcy Review Commission
salaries and expenses
For necessary expenses of the National Bankruptcy Review
Commission, as authorized by the Bankruptcy Reform Act of 1994,
$494,000.
[[Page 110 STAT. 3009-61]]
Ounce of Prevention Council
For activities authorized by sections 30101 and 30102 of Public
Law 103-322 (including administrative costs), $1,500,000, to remain
available until expended, for the Ounce of Prevention Grant Program:
Provided, That the Council may accept and use gifts and donations, both
real and personal, for the purpose of aiding or facilitating the
authorized activities of the Council, of which not to exceed $5,000 may
be used for official reception and representation expenses.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $260,400,000, of which not to exceed $10,000
may be used toward funding a permanent secretariat for the International
Organization of Securities Commissions, and of which not to exceed
$100,000 shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other regulatory
officials, members of their delegations, appropriate representatives and
staff to exchange views concerning developments relating to securities
matters, development and implementation of cooperation agreements
concerning securities matters and provision of technical assistance for
the development of foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at such
consultations and meetings including (1) such incidental expenses as
meals taken in the course of such attendance, (2) any travel and
transportation to or from such meetings, and (3) any other <<NOTE: 15
USC 77f note.>> related lodging or subsistance: Provided, That
immediately upon enactment of this Act, the rate of fees under section
6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase
from one-fiftieth of one percentum to one-thirty-third of one percentum,
and such increase shall be deposited as an offsetting collection to this
appropriation, to remain available until expended, to recover costs of
services of the securities registration process: Provided further,
That <<NOTE: 15 USC 78ee note.>> effective January 1, 1997, every
national securities association shall pay to the Commission a fee at a
rate of one-three-hundredth of one percentum of the aggregate dollar
amount of sales transacted by or through any member of such association
otherwise than on a national securities exchange (other than bonds,
debentures, and other evidences of indebtedness) subject to prompt last
sale reporting pursuant to the rules of the Commission or a registered
national securities association, excluding any sales for which a fee is
paid under section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee), and such increase shall be deposited as an offsetting collection
to this appropriation, to remain available until expended, to recover
the costs to the Government of the supervision and regulation of
securities markets and securities professionals: Provided further, That
the fee due from every national securities association shall be paid on
or before September 30, 1997, with respect to transactions and sales
occurring
[[Page 110 STAT. 3009-62]]
during the period beginning on January 1, 1997, and ending at the close
of August 31, 1997: Provided further, That the total amount appropriated
for fiscal year 1997 under this heading shall be reduced as all such
offsetting fees are deposited to this appropriation so as to result in a
final total fiscal year 1997 appropriation from the General Fund
estimated at not more than $37,778,000: Provided further, That any such
fees collected in excess of $222,622,000 shall remain available until
expended but shall not be available for obligation until October 1,
1997.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103-403, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $223,547,000, of which $1,000,000 shall only be available for
obligation and expenditure for projects jointly developed, implemented
and administered with the Minority Business Development Agency of the
Department of Commerce: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activities: Provided
further, That notwithstanding 31 U.S.C. 3302, revenues received from all
such activities shall be credited to this account, to be available for
carrying out these purposes without further appropriations: Provided
further, That $75,500,000 shall be available to fund grants for
performance in fiscal year 1997 or fiscal year 1998 as authorized by
section 21 of the Small Business Act, as amended. In addition, for
expenses not otherwise provided for, of the Small Business
Administration, $11,500,000, of which: $3,000,000 shall be available for
a grant to continue the WVHTC Foundation outreach program to assist
small business development; $7,000,000 shall be available for a grant to
the Center for Rural Development in Somerset, Kentucky, for small
business and rural technology development assistance; $1,000,000 shall
be available for a grant to Indiana State University for the renovation
and equipping of a training facility, to assist in creating small
business and economic development opportunities; and $500,000 shall be
available for a continuation grant to the Center for Entrepreneurial
Opportunity in Greensburg, Pennsylvania, to provide for small business
consulting and assistance.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504),
$9,000,000.
business loans program account
For the cost of direct loans, $1,691,000, and for the cost of
guaranteed loans, $182,017,000, as authorized by 15 U.S.C. 631 note, of
which $2,317,000, to be available until expended, shall be for the
Microloan Guarantee Program, and of which $40,510,000
[[Page 110 STAT. 3009-63]]
shall remain available until September 30, 1998: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That during fiscal year 1997, commitments to guarantee loans
under section 503 of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of financings authorized under
section 20(n)(2)(B) of the Small Business Act, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $94,000,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $105,432,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program, $86,500,000, including not to exceed $500,000 for the
Office of Inspector General of the Small Business Administration for
audits and reviews of disaster loans and the disaster loan program, and
said sums may be transferred to and merged with appropriations for
Salaries and Expenses and Office of Inspector General.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$3,730,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 504. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1992
(Public Law 102-572 (106 Stat. 4515-4516)), $6,000,000, to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
[[Page 110 STAT. 3009-64]]
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 1997, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds or
personnel by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
reorganizes offices, programs, or activities; or (6) contracts out or
privatizes any functions, or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such reprogramming of
funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1997, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified fifteen days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
[[Page 110 STAT. 3009-65]]
Sec. 607. (a) Purchase of American-Made Equipment and Products.--
It is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made
available in this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) 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. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for any cost
incurred for (1) opening or operating any United States diplomatic or
consular post in the Socialist Republic of Vietnam that was not
operating on July 11, 1995; (2) expanding any United States diplomatic
or consular post in the Socialist Republic of Vietnam that was operating
on July 11, 1995; or (3) increasing the total number of personnel
assigned to United States diplomatic or consular posts in the Socialist
Republic of Vietnam above the levels existing on July 11, 1995, unless
the President certifies within 60 days, based upon all information
available to the United States Government that the Government of the
Socialist Republic of Vietnam is cooperating in full faith with the
United States in the following four areas:
(1) Resolving discrepancy cases, live sightings and field
activities,
(2) Recovering and repatriating American remains,
(3) Accelerating efforts to provide documents that will help
lead to fullest possible accounting of POW/MIA's.
(4) Providing further assistance in implementing trilateral
investigations with Laos.
Sec. 610. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds (1) that the
United Nations undertaking is a peacekeeping mission, (2) that such
undertaking will involve United States Armed Forces under the command or
operational control of a foreign national, and (3) that the President's
military advisors have not submitted to the President a recommendation
that such involvement is in the national security interests of the
United States and the
[[Page 110 STAT. 3009-66]]
President has not submitted to the Congress such a recommendation.
Sec. 611. None of the funds made available in this Act shall be
used to provide the following amenities or personal comforts in the
Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates, or
heating elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 612. None of the funds made available in title II for the
National Oceanic and Atmospheric Administration (NOAA) under the heading
``Fleet Modernization, Shipbuilding and Conversion'' may be used to
implement sections 603, 604, and 605 of Public Law 102-567: Provided,
That NOAA may develop a modernization plan for its fisheries research
vessels that takes fully into account opportunities for contracting for
fisheries surveys.
Sec. 613. Any costs incurred by a Department or agency funded
under this Act resulting from personnel actions taken in response to
funding reductions included in this Act shall be absorbed within the
total budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 614. None of the funds made available in this Act to the
Federal Bureau of Prisons may be used to distribute or make available
any commercially published information or material to a prisoner when it
is made known to the Federal official having authority to obligate or
expend such funds that such information or material is sexually explicit
or features nudity.
Sec. 615. Of the funds appropriated in this Act under the heading
``OFFICE OF JUSTICE PROGRAMS--state and local law enforcement
assistance'' and ``Community Oriented Policing Services Program'', not
more than ninety percent of the amount to be awarded to an entity under
the Local Law Enforcement Block Grant and part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the
[[Page 110 STAT. 3009-67]]
line of duty while responding to an emergency situation or a hot pursuit
(as such terms are defined by State law) with the same or better level
of health insurance benefits that are paid by the entity at the time of
retirement or separation.
SEC. 616. LIMITATION ON PATENT INFRINGEMENTS RELATING TO A MEDICAL
PRACTITIONER'S PERFORMANCE OF A MEDICAL ACTIVITY.
Section 287 of title 35, United States Code, is amended by adding
at the end the following new subsection:
(c)(1) With respect to a medical practitioner's performance of a
medical activity that constitutes an infringement under section 271 (a)
or (b) of this title, the provisions of sections 281, 283, 284, and 285
of this title shall not apply against the medical practitioner or
against a related health care entity with respect to such medical
activity.
(2) For the purposes of this subsection:
(A) the term ``medical activity'' means the performance of a
medical or surgical procedure on a body, but shall not include
(i) the use of a patented machine, manufacture, or composition
of matter in violation of such patent, (ii) the practice of a
patented use of a composition of matter in violation of such
patent, or (iii) the practice of a process in violation of a
biotechnology patent.
(B) the term ``medical practitioner'' means any natural
person who is licensed by a State to provide the medical
activity described in subsection (c)(1) or who is acting under
the direction of such person in the performance of the medical
activity.
(C) the term ``related health care entity'' shall mean an
entity with which a medical practitioner has a professional
affiliation under which the medical practitioner performs the
medical activity, including but not limited to a nursing home,
hospital, university, medical school, health maintenance
organization, group medical practice, or a medical clinic.
(D) the term ``professional affiliation'' shall mean staff
privileges, medical staff membership, employment or contractual
relationship, partnership or ownership interest, academic
appointment, or other affiliation under which a medical
practitioner provides the medical activity on behalf of, or in
association with, the health care entity.
(E) the term ``body'' shall mean a human body, organ or
cadaver, or a nonhuman animal used in medical research or
instruction directly relating to the treatment of humans.
(F) the term ``patented use of a composition of matter''
does not include a claim for a method of performing a medical or
surgical procedure on a body that recites the use of a
composition of matter where the use of that composition of
matter does not directly contribute to achievement of the
objective of the claimed method.
(G) the term ``State'' shall mean any state or territory of
the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(3) This subsection does not apply to the activities of any
person, or employee or agent of such person (regardless of whether such
person is a tax exempt organization under section 501(c) of the Internal
Revenue Code), who is engaged in the commercial development,
manufacture, sale, importation, or distribution of a
[[Page 110 STAT. 3009-68]]
machine, manufacture, or composition of matter or the provision of
pharmacy or clinical laboratory services (other than clinical laboratory
services provided in a physician's office), where such activities are:
(A) directly related to the commercial development,
manufacture, sale, importation, or distribution of a machine,
manufacture, or composition of matter or the provision of
pharmacy or clinical laboratory services (other than clinical
laboratory services provided in a physician's office), and
(B) regulated under the Federal Food, Drug, and Cosmetic
Act, the Public Health Service Act, or the Clinical Laboratories
Improvement Act.
(4) This subsection shall not apply to any patent issued before
the date of enactment of this subsection.
Sec. 617. Effective with the enactment of this Act and in any
fiscal year hereafter, section 8 of Public Law 96-132 is hereby
repealed.
Sec. <<NOTE: 46 USC app. 1273 note.>> 618. (a) In General.--The
Secretary may issue a guarantee or a commitment to guarantee obligations
under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et
seq.), upon such terms as the Secretary may prescribe, to assist in the
reactivation and modernization of any shipyard in the United States that
is closed on the date of the enactment of this Act, if the Secretary
finds that--
(1) the closed shipyard historically built military vessels
and responsible entities now seek to reopen it as an
internationally competitive commercial shipyard;
(2)(A) the closed shipyard has been designated by the
President as a public-private partnership project; or
(B) has a reuse plan approved by the Navy in which
commercial shipbuilding and repair are primary activities and
has a revolving economic conversion fund approved by the
Department of Defense; and
(3) the State in which the shipyard is located, and each
other involved State, or a State-chartered agency, is making a
significant financial investment in the overall cost of
reactivation and modernization as its contribution to the
reactivation and modernization project, in addition to the funds
required by subsection (d)(2) of this section.
(b) Waivers.--Notwithstanding any other provision of title XI of
the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), the
Secretary shall not apply the requirements of section 1104A(d) of that
Act when issuing a guarantee or a commitment to guarantee an obligation
under this section.
(c) Conditions.--The Secretary shall impose such conditions on the
issuance of a guarantee or a commitment to guarantee under this section
as are necessary to protect the interests of the United States from the
risk of a default. The Secretary shall consider the interdependency of
such shipyard modernization and reactivation projects and related vessel
loan guarantee requests pending under title XI of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1271 et seq.) before issuing a guarantee or a
commitment to guarantee under this section.
(d) Funding Provisions.--
(1) The Secretary may not guarantee or commit to guarantee
obligations under this section that exceed $50,000,000 in the
aggregate.
[[Page 110 STAT. 3009-69]]
(2) The amount of appropriated funds required by the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in advance of
the Secretary's issuance of a guarantee or a commitment to
guarantee under this section shall be provided by the State in
which the shipyard is located, and other involved States, or by
a State-chartered agency, and deposited by the Secretary in the
financing account established under the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a et seq.) for loan guarantees issued
by the Secretary under title XI of the Merchant Marine Act of
1936 (46 App. U.S.C. 1271 et seq.). No federally appropriated
funds shall be available for this purpose. The funds deposited
into that financing account shall be held and applied by the
Secretary in accordance with the provisions of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.), except that,
unless the Secretary shall have earlier paid an obligee or been
required to pay an obligee pursuant to the terms of a loan
guarantee, the funds deposited in that financing account shall
be returned, upon the expiration of the Secretary's loan
guarantee, to the State, States, or State-chartered agency which
originally provided the funds to the Secretary.
(3) Notwithstanding the provisions of any other law or
regulation, the cost (as that term is defined by the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a
guarantee or commitment to guarantee issued under this section--
(A) may only be determined with reference to the
merits of the specific closed shipyard reactivation
project which is the subject of that guarantee or
commitment to guarantee, without reference to any other
project, type of project, or averaged risk; and
(B) may not be used in determining the cost of any
other project, type of project, or averaged risk
applicable to guarantees or commitments to guarantee
issued under title XI of the Merchant Marine Act, 1936
(46 App. U.S.C. 1271 et seq.).
(e) Sunset.--No commitment to guarantee obligations under this
section shall be issued by the Secretary after one year after the date
of enactment of this section.
(f) Definition.--As used in this section, the term ``Secretary''
means the Secretary of Transportation.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading on
October 31, 1996, $30,000,000 are rescinded.
[[Page 110 STAT. 3009-70]]
Immigration and Naturalization Service
immigration emergency fund
(rescission)
Of the unobligated balances available under this heading
$34,779,000 are rescinded.
TITLE VIII--FISCAL YEAR 1996 SUPPLEMENTAL AND RESCISSION
DEPARTMENT OF JUSTICE
Federal Prison System
salaries and expenses
In addition to funds made available under this heading,
$40,000,000, which shall remain available until September 30, 1997:
Provided, That these funds shall be available upon enactment of this
Act: Provided further, That these funds shall only be available if
enacted by September 30, 1996.
(rescission)
Of the unobligated balances made available under this heading
until September 30, 1996, $40,000,000 are rescinded: Provided, That
these funds shall only be available for rescission if enacted by
September 30, 1996.
TITLE IX--SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development Assistance
Programs'' for emergency infrastructure expenses resulting from
Hurricane Fran and Hurricane Hortense and other natural disasters,
$25,000,000, 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.
RELATED AGENCY
Small Business Administration
disaster loans program account
For an additional amount for ``Disaster Loans Program Account''
for emergency expenses resulting from Hurricanes Fran and Hortense and
other disasters, $113,000,000 for the cost of direct loans, to remain
available until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974; and for
[[Page 110 STAT. 3009-71]]
administrative expenses to carry out the disaster loan program,
$22,000,000, to remain available until expended, which may be
transferred to and merged with ``Salaries and Expenses'': Provided
further, That both amounts are hereby designated by Congress as
emergency requirements pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1997''.
(b) For programs, projects or activities in the Department of
Defense Appropriations Act, 1997, provided as follows, to be effective
as if it had been enacted into law as the regular appropriations Act:
AN ACT
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes
TITLE <<NOTE: Department of Defense Appropriations Act, 1997.3Post, p.
3009-119.>> I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the
Department of Defense Military Retirement Fund; $20,633,998,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the
Department of Defense Military Retirement Fund; $16,986,976,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42
[[Page 110 STAT. 3009-72]]
U.S.C. 402 note), to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), and to the Department of Defense Military Retirement
Fund; $6,111,728,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement Fund;
$17,069,490,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active duty
under sections 10211, 10302, and 3038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and for members of the Reserve Officers' Training Corps, and
expenses authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund;
$2,073,479,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active duty
under section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and for members of the Reserve
Officers' Training Corps, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund; $1,405,606,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund; $388,643,000.
[[Page 110 STAT. 3009-73]]
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on active
duty under sections 10211, 10305, and 8038 of title 10, United States
Code, or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and for members of the Air Reserve Officers' Training Corps, and
expenses authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund;
$783,697,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard while on
duty under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$3,266,393,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on duty
under section 10211, 10305, or 12402 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 12301(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$1,296,490,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $11,437,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes; $17,519,340,000 and, in addition,
$50,000,000 shall be derived by
[[Page 110 STAT. 3009-74]]
transfer from the National Defense Stockpile Transaction Fund: Provided,
That <<NOTE: 43 USC 1471g.>> during the current fiscal year and
hereafter, funds appropriated under this paragraph may be made available
to the Department of the Interior to support the Memorial Day and Fourth
of July ceremonies and activities in the National Capital Region:
Provided further, That of the funds appropriated in this paragraph, not
less than $300,000,000 shall be made available only for conventional
ammunition care and maintenance.
Operation and Maintenance, Navy
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $3,995,000, can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes;
$20,061,961,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction Fund.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law;
$2,254,119,000.
Operation and Maintenance, Air Force
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $8,362,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes; $17,263,193,000 and, in
addition, $50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law;
$10,044,200,000, of which not to exceed $25,000,000 may be available for
the CINC initiative fund account; and of which not to exceed $28,500,000
can be used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and payments
may be made on his certificate of necessity for confidential military
purposes: Provided, That of the funds appropriated under this heading,
$20,000,000 shall be made available only for use in federally owned
education facilities located on military installations for the purpose
of transferring title of such facilities to the local education agency:
Provided
[[Page 110 STAT. 3009-75]]
further, That of the funds appropriated under this heading, $1,000,000
is available, by grant or other transfer, to the Harnett County School
Board, Lillington, North Carolina, for use by the school board for the
education of dependents of members of the Armed Forces and employees of
the Department of Defense located at Fort Bragg and Pope Air Force Base,
North Carolina.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications; $1,119,436,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications; $886,027,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $109,667,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $1,496,553,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft); $2,254,477,000.
[[Page 110 STAT. 3009-76]]
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things, hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by law
for the Air National Guard; and expenses incident to the maintenance and
use of supplies, materials, and equipment, including such as may be
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau; $2,716,379,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations
by United States military forces; $1,140,157,000: Provided, That the
Secretary of Defense may transfer these funds only to operation and
maintenance accounts within this title: 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 contained
elsewhere in this Act.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces; $6,797,000, of which not to exceed $2,500
can be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $339,109,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That not more than twenty-five percent
of funds provided under this heading may be obligated for environmental
[[Page 110 STAT. 3009-77]]
remediation by the Corps of Engineers under total environmental
remediation contracts.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $287,788,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $394,010,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of the Defense, $36,722,000, to remain
available until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of Defense, or for similar
purposes, transfer the funds made available by this appropriation to
other appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
[[Page 110 STAT. 3009-78]]
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $256,387,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 2547, and 2551 of title
10, United States Code); $49,000,000, to remain available until
September 30, 1998.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facilitating
the elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise; $327,900,000, to remain available until expended.
Quality of Life Enhancements, Defense
For expenses, not otherwise provided for, resulting from unfunded
shortfalls in the repair and maintenance of real property of the
Department of Defense (including military housing and barracks);
$600,000,000, for the maintenance of real property of the Department of
Defense (including minor construction and major maintenance and repair),
which shall remain available for obligation until September 30, 1998, as
follows:
Army, $149,000,000;
Navy, $108,000,000;
Marine Corps, $45,000,000;
Air Force, $108,000,000;
Army Reserve, $18,000,000;
Navy Reserve, $18,000,000;
Marine Corps Reserve, $9,000,000;
Air Force Reserve, $15,000,000;
Army National Guard, $86,000,000; and
Air National Guard, $44,000,000.
[[Page 110 STAT. 3009-79]]
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $1,348,434,000, to remain available for obligation until
September 30, 1999.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $1,041,867,000, to remain available for obligation until
September 30, 1999.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes; $1,470,286,000, to
remain available for obligation until September 30, 1999: Provided, That
of the funds appropriated in this paragraph and notwithstanding the
provisions of title 31, United States Code, Section 1502(a), not to
exceed $33,100,000 may be obligated for future year V903 diesel engine
requirements to maintain the industrial base.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
[[Page 110 STAT. 3009-80]]
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854, title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes; $1,127,149,000, to remain available for obligation
until September 30, 1999.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of not to exceed 14 passenger motor vehicles for
replacement only; communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $3,172,485,000, to remain available for obligation until
September 30, 1999: Provided, That of the funds appropriated in this
paragraph and notwithstanding the provisions of title 31, United States
Code, Section 1502(a), not to exceed $2,400,000 may be obligated for
future year V903 diesel engine requirements to maintain the industrial
base.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
$7,027,010,000, to remain available for obligation until September 30,
1999.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway;
[[Page 110 STAT. 3009-81]]
$1,389,913,000, to remain available for obligation until September 30,
1999: Provided, That in addition to the foregoing purposes, the funds
appropriated above under this heading shall be available to liquidate
reported deficiencies in appropriations provided under this heading in
prior Department of Defense appropriations acts, to the extent such
deficiencies cannot otherwise be liquidated pursuant to 31 U.S.C.
1553(b).
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854, title 10, United States Code, and
the land necessary therefor, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes; $289,695,000, to
remain available for obligation until September 30, 1999.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
leadtime components and designs for vessels to be constructed or
converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title, as follows:
For continuation of the SSN-21 attack submarine program,
$649,071,000;
NSSN-1 (AP), $296,186,000;
NSSN-2 (AP), $501,000,000;
CVN Refuelings, $237,029,000;
DDG-51 destroyer program, $3,609,072,000;
Oceanographic ship program, $54,400,000;
Oceanographic ship SWATH, $45,000,000;
LCAC landing craft air cushion program (AP-CY), $3,000,000;
and
For craft, outfitting, post delivery, conversions, and first
destination transportation, $218,907,000;
In all: $5,613,665,000, to remain available for obligation until
September 30, 2001: Provided, That additional obligations may be
incurred after September 30, 2001, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds herein provided for the construction or conversion of any naval
vessel to be constructed in shipyards in the United States shall be
expended in foreign facilities for the construction of major components
of such vessel: Provided further, That none of the funds herein provided
shall be used for the construction of any naval vessel in foreign
shipyards.
[[Page 110 STAT. 3009-82]]
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized for
conversion); expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway; $3,067,944,000, to remain
available for obligation until September 30, 1999.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of not to exceed 88 passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired and construction prosecuted thereon prior to
approval of title; $569,073,000, to remain available for obligation
until September 30, 1999.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things; $6,404,980,000, to remain available for
obligation until September 30, 1999.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things; $2,297,145,000,
to remain available for obligation until September 30, 1999.
[[Page 110 STAT. 3009-83]]
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854, title 10, United States Code, and
the land necessary therefor, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes; $293,153,000, to
remain available for obligation until September 30, 1999.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed 506
passenger motor vehicles for replacement only; the purchase of 1 vehicle
required for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to exceed $287,000
per vehicle; and expansion of public and private plants, Government-
owned equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; $5,944,680,000, to
remain available for obligation until September 30, 1999.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of not to
exceed 389 passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; $1,978,005,000, to remain available for obligation until
September 30, 1999.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces; $780,000,000, to remain available for
obligation until September 30, 1999: Provided, That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
[[Page 110 STAT. 3009-84]]
assessment for their respective Reserve or National Guard component.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment; $5,062,763,000, to
remain available for obligation until September 30, 1998.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment; $8,208,946,000, to
remain available for obligation until September 30, 1998: Provided, That
funds appropriated in this paragraph which are available for the V-22
may be used to meet unique requirements of the Special Operations
Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment; $14,499,606,000, to
remain available for obligation until September 30, 1998: Provided, That
not less than $1,000,000 of the funds appropriated in this paragraph
shall be made available only to assess the budgetary, cost, technical,
operational, training, and safety issues associated with a decision to
eliminate development of the F-22B two-seat training variant of the F-22
advanced tactical fighter: Provided further, That the assessment
required by the preceding proviso shall be submitted, in classified and
unclassified versions, by the Secretary of the Air Force to the
congressional defense committees not later than February 15, 1997:
Provided further, That of the funds made available in this paragraph,
$10,000,000 shall be only for development of reusable launch vehicle
technologies.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment; $9,362,800,000, to remain
available for obligation until September 30, 1998: Provided, That not
less than $304,171,000 of the funds appropriated in this paragraph shall
be made available only for the Sea-Based Wide Area Defense (Navy Upper-
Tier) program.
[[Page 110 STAT. 3009-85]]
Developmental Test and Evaluation, Defense
For expenses, not otherwise provided for, of independent
activities of the Director, Test and Evaluation in the direction and
supervision of developmental test and evaluation, including performance
and joint developmental testing and evaluation; and administrative
expenses in connection therewith; $282,038,000, to remain available for
obligation until September 30, 1998.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith; $24,968,000, to remain available for obligation until
September 30, 1998.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
Defense Business Operations Fund
For the Defense Business Operations Fund; $947,900,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744); $1,428,002,000, to remain available until expended:
Provided, That none of the funds provided in this paragraph shall be
used to award a new contract that provides for the acquisition of any of
the following major components unless such components are manufactured
in the United States: auxiliary equipment, including pumps, for all
ship-board services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided further, That the exercise of an option in a
contract awarded through the obligation of previously appropriated funds
shall not be considered to be the award of a new contract: Provided
further, That the Secretary of the military department responsible for
such procurement may waive these restrictions on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by law;
$10,207,308,000, of which $9,937,838,000 shall be for Operation
[[Page 110 STAT. 3009-86]]
and maintenance, of which not to exceed three percent shall remain
available until September 30, 1998; and of which $269,470,000, to remain
available for obligation until September 30, 1999, shall be for
Procurement: Provided, That of the funds appropriated under this
heading, $14,500,000 shall be made available for obtaining emergency
communications services for members of the Armed Forces and their
families from the American National Red Cross: Provided further, That
notwithstanding any other provision of law, of the funds provided under
this heading, the Secretary of Defense is directed to use and obligate,
within thirty days of enactment of this Act, not less than $3,400,000
only to permit private sector or non-Federal physicians who have used
and will use the antibacterial treatment method based upon the excretion
of dead and decaying spherical bacteria to work in conjunction with the
Walter Reed Army Medical Center on a treatment protocol and related
studies for Desert Storm Syndrome affected veterans.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $758,447,000, of which $478,947,000 shall be
for Operation and maintenance, $191,200,000 shall be for Procurement to
remain available until September 30, 1999, and $88,300,000 shall be for
Research, development, test and evaluation to remain available until
September 30, 1998: Provided, That of the funds made available under
this heading, $1,000,000 shall be available until expended only for a
Johnston Atoll off-island leave program: Provided further, That
notwithstanding any other provision of law, the Secretaries concerned
may, pursuant to uniform regulations prescribe travel and transportation
allowances for travel by participants in the off-island leave program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components
serving under the provisions of title 10 and title 32, United States
Code; for Operation and maintenance; for Procurement; and for Research,
development, test and evaluation; $807,800,000: Provided, That the funds
appropriated by this paragraph shall be available for obligation for the
same time period and for the same purpose as the appropriation to which
transferred: Provided further, That the transfer authority provided in
this paragraph is in addition to any transfer authority contained
elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended; $139,157,000, of which $137,157,000 shall
[[Page 110 STAT. 3009-87]]
be for Operation and maintenance, of which not to exceed $500,000 is
available for emergencies and extraordinary expenses to be expended on
the approval or authority of the Inspector General, and payments may be
made on his certificate of necessity for confidential military purposes;
and of which $2,000,000, to remain available until September 30, 1999,
shall be for Procurement.
TITLE VII--RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain proper funding level for continuing
the operation of the Central Intelligence Agency Retirement and
Disability System; $196,400,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account; $129,164,000: Provided, That of the funds appropriated under
this heading, $27,000,000 shall be transferred to the Department of
Justice for the National Drug Intelligence Center to support the
Department of Defense's counterdrug monitoring and detection
responsibilities.
Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Fund
For payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund, as authorized by law; $10,000,000, to
remain available until expended.
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183, $5,100,000,
to be derived from the National Security Education Trust Fund, to remain
available until expended.
TITLE VIII--GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. <<NOTE: 10 USC 1584 note.>> 8002. During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further, That
this section shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic missions whose
pay is set
[[Page 110 STAT. 3009-88]]
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not apply
to foreign national employees of the Department of Defense in the
Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 per centum of the appropriations in
this Act which are limited for obligation during the current fiscal year
shall be obligated during the last two months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training of
the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That the
Secretary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this Act:
Provided further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher priority
items, based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements to
be made from such funds: Provided, That transfers may be made between
such funds and the ``Foreign Currency Fluctuations, Defense'' and
``Operation and Maintenance'' appropriation accounts in such amounts as
may be determined by the Secretary of Defense, with the approval of the
Office of Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress of the
proposed transfer. Except in amounts equal to the amounts appropriated
to working capital funds in this Act, no obligations may be made against
a working capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
[[Page 110 STAT. 3009-89]]
Sec. 8007. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30 calendar
days in session in advance to the congressional defense committees.
Sec. 8008. None of the funds contained in this Act available for
the Civilian Health and Medical Program of the Uniformed Services shall
be available for payments to physicians and other non-institutional
health care providers in excess of the amounts allowed in fiscal year
1996 for similar services, except that: (a) for services for which the
Secretary of Defense determines an increase is justified by economic
circumstances, the allowable amounts may be increased in accordance with
appropriate economic index data similar to that used pursuant to title
XVIII of the Social Security Act; and (b) for services the Secretary
determines are overpriced based on allowable payments under title XVIII
of the Social Security Act, the allowable amounts shall be reduced by
not more than 15 percent (except that the reduction may be waived if the
Secretary determines that it would impair adequate access to health care
services for beneficiaries). The Secretary shall solicit public comment
prior to promulgating regulations to implement this section. Such
regulations shall include a limitation, similar to that used under title
XVIII of the Social Security Act, on the extent to which a provider may
bill a beneficiary an actual charge in excess of the allowable amount.
Sec. 8009. None of the funds provided in this Act shall be
available to initiate (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in excess
of $20,000,000, or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional defense
committees have been notified at least thirty days in advance of the
proposed contract award: Provided, That no part of any appropriation
contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is
not funded at least to the limits of the Government's liability:
Provided further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement contracts for
any systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 10-day prior notification to the congressional
defense committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to determine
lowest cost compared to an annual procurement: Provided further, That
notwithstanding Section 8010 of Public Law 104-61, funds appropriated
for the DDG-51 destroyer program in Public Law 104-61 may be used to
initiate a multiyear contract for the Arleigh Burke class destroyer
program.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
Javelin missiles;
Army Tactical Missile System (ATACMS);
MK19-3 grenade machine guns;
M16A2 rifles;
M249 Squad Automatic Weapons;
[[Page 110 STAT. 3009-90]]
M4 carbine rifles;
M240B machine guns; and
Arleigh Burke (DDG-51) class destroyers.
Sec. 8010. Within the funds appropriated <<NOTE: 10 USC 401
note.>> for the operation and maintenance of the Armed Forces, funds
are hereby appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be obligated for
humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of chapter
20 of title 10, United States Code, and these obligations shall be
reported to Congress on September 30 of each year: Provided, That funds
available for operation and maintenance shall be available for providing
humanitarian and similar assistance by using Civic Action Teams in the
Trust Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination by the
Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8011. (a) During fiscal year 1997, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 1998 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 1998 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
1998.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8012. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the fifty United States, its territories, and
the District of Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Personnel Manual:
Provided further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in this workyear
limitation.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. (a) None of the funds appropriated by this Act shall be
used to make contributions to the Department of Defense Education
Benefits Fund pursuant to section 2006(g) of title 10, United States
Code, representing the normal cost for future benefits
[[Page 110 STAT. 3009-91]]
under section 3015(c) of title 38, United States Code, for any member of
the armed services who, on or after the date of enactment of this Act--
(1) enlists in the armed services for a period of active
duty of less than three years; or
(2) receives an enlistment bonus under section 308a or 308f
of title 37, United States Code,
nor shall any amounts representing the normal cost of such future
benefits be transferred from the Fund by the Secretary of the Treasury
to the Secretary of Veterans Affairs pursuant to section 2006(d) of
title 10, United States Code; nor shall the Secretary of Veterans
Affairs pay such benefits to any such member: Provided, That in the case
of a member covered by clause (1), these limitations shall not apply to
members in combat arms skills or to members who enlist in the armed
services on or after July 1, 1989, under a program continued or
established by the Secretary of Defense in fiscal year 1991 to test the
cost-effective use of special recruiting incentives involving not more
than nineteen noncombat arms skills approved in advance by the Secretary
of Defense: Provided further, That this subsection applies only to
active components of the Army.
(b) None of the funds appropriated by this Act shall be available
for the basic pay and allowances of any member of the Army participating
as a full-time student and receiving benefits paid by the Secretary of
Veterans Affairs from the Department of Defense Education Benefits Fund
when time spent as a full-time student is credited toward completion of
a service commitment: Provided, That this subsection shall not apply to
those members who have reenlisted with this option prior to October 1,
1987: Provided further, That this subsection applies only to active
components of the Army.
Sec. 8015. None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of enactment of
this Act, is performed by more than ten Department of Defense civilian
employees until a most efficient and cost-effective organization
analysis is completed on such activity or function and certification of
the analysis is made to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That this section shall not
apply to a commercial or industrial type function of the Department of
Defense that: (1) is included on the procurement list established
pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47),
popularly referred to as the Javits-Wagner-O'Day Act; (2) is planned to
be converted to performance by a qualified nonprofit agency for the
blind or by a qualified nonprofit agency for other severely handicapped
individuals in accordance with that Act; or (3) is planned to be
converted to performance by a qualified firm under 51 percent Native
American ownership.
(transfer of funds)
Sec. 8016. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public
[[Page 110 STAT. 3009-92]]
Law 101-510; 10 U.S.C. 2301 note), as amended, under the authority of
this provision or any other transfer authority contained in this Act.
Sec. 8017. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies)
of welded shipboard anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the
United States: Provided, That for the purpose of this section
manufactured will include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
that such an acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8018. None of the funds appropriated by this Act available
for the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) shall be available for the reimbursement of any health care
provider for inpatient mental health service for care received when a
patient is referred to a provider of inpatient mental health care or
residential treatment care by a medical or health care professional
having an economic interest in the facility to which the patient is
referred: Provided, That this limitation does not apply in the case of
inpatient mental health services provided under the program for the
handicapped under subsection (d) of section 1079 of title 10, United
States Code, provided as partial hospital care, or provided pursuant to
a waiver authorized by the Secretary of Defense because of medical or
psychological circumstances of the patient that are confirmed by a
health professional who is not a Federal employee after a review,
pursuant to rules prescribed by the Secretary, which takes into account
the appropriate level of care for the patient, the intensity of services
required by the patient, and the availability of that care.
Sec. 8019. Funds available in this Act may be used to provide
transportation for the next-of-kin of individuals who have been
prisoners of war or missing in action from the Vietnam era to an annual
meeting in the United States, under such regulations as the Secretary of
Defense may prescribe.
Sec. 8020. Notwithstanding <<NOTE: 10 USC 2687 note.>> any other
provision of law, during the current fiscal year, the Secretary of
Defense may, by Executive Agreement, establish with host nation
governments in NATO member states a separate account into which such
residual value amounts negotiated in the return of United States
military installations in NATO member states may be deposited, in the
currency of the host nation, in lieu of direct monetary transfers to the
United States Treasury: Provided, That such credits may be utilized only
for the construction of facilities to support United States military
forces in that host nation, or such real property maintenance
[[Page 110 STAT. 3009-93]]
and base operating costs that are currently executed through monetary
transfers to such host nations: Provided further, That the Department of
Defense's budget submission for fiscal year 1998 shall identify such
sums anticipated in residual value settlements, and identify such
construction, real property maintenance or base operating costs that
shall be funded by the host nation through such credits: Provided
further, That all military construction projects to be executed from
such accounts must be previously approved in a prior Act of Congress:
Provided further, That each such Executive Agreement with a NATO member
host nation shall be reported to the congressional defense committees,
the Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate thirty days prior
to the conclusion and endorsement of any such agreement established
under this provision.
Sec. 8021. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols.
Sec. 8022. Notwithstanding any other provision of law, none of the
funds appropriated by this Act shall be available to pay more than 50
percent of an amount paid to any person under section 308 of title 37,
United States Code, in a lump sum.
Sec. 8023. None of the funds appropriated by this Act shall be
available for payments under the Department of Defense contract with the
Louisiana State University Medical Center involving the use of cats for
Brain Missile Wound Research, and the Department of Defense shall not
make payments under such contract from funds obligated prior to the date
of the enactment of this Act, except as necessary for costs incurred by
the contractor prior to the enactment of this Act: Provided, That funds
necessary for the care of animals covered by this contract are allowed.
Sec. 8024. Of the funds made available by this Act in title III,
Procurement, $8,000,000, drawn pro rata from each appropriations account
in title III, shall be available for incentive payments authorized by
section 504 of the Indian Financing Act of 1974, 25 U.S.C. 1544. These
payments shall be available only to contractors which have submitted
subcontracting plans pursuant to 15 U.S.C. 637(d), and according to
regulations which shall be promulgated by the Secretary of Defense
within 90 days of the passage of this Act.
Sec. 8025. None of the funds provided in this Act or any other Act
shall be available to conduct bone trauma research at any Army Research
Laboratory until the Secretary of the Army certifies that the synthetic
compound to be used in the experiments is of such a type that its use
will result in a significant medical finding, the research has military
application, the research will be conducted in accordance with the
standards set by an animal care and use committee, and the research does
not duplicate research already conducted by a manufacturer or any other
research organization.
Sec. 8026. During the current fiscal year, none of the funds
available to the Department of Defense may be used to procure or acquire
(1) defensive handguns unless such handguns are the M9 or M11 9mm
Department of Defense standard handguns, or (2) offensive handguns
except for the Special Operations Forces:
[[Page 110 STAT. 3009-94]]
Provided, That the foregoing shall not apply to handguns and ammunition
for marksmanship competitions.
Sec. 8027. No more than $500,000 of the funds appropriated or made
available in this Act shall be used for any single relocation of an
organization, unit, activity or function of the Department of Defense
into or within the National Capital Region: Provided, That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Congressional defense committees that such
a relocation is required in the best interest of the Government.
Sec. 8028. During the current fiscal year, funds appropriated or
otherwise available for any Federal agency, the Congress, the judicial
branch, or the District of Columbia may be used for the pay, allowances,
and benefits of an employee as defined by section 2105 of title 5 or an
individual employed by the government of the District of Columbia,
permanent or temporary indefinite, who--
(1) is a member of a Reserve component of the Armed Forces,
as described in section 261 of title 10, or the National Guard,
as described in section 101 of title 32;
(2) performs, for the purpose of providing military aid to
enforce the law or providing assistance to civil authorities in
the protection or saving of life or property or prevention of
injury--
(A) Federal service under sections 331, 332, 333, or
12406 of title 10, or other provision of law, as
applicable, or
(B) full-time military service for his or her State,
the District of Columbia, the Commonwealth of Puerto
Rico, or a territory of the United States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without
regard to the provisions of sections 5519 and 6323(b) of
title 5, if such employee is otherwise entitled to such
annual leave:
Provided, That any employee who requests leave under subsection (3)(A)
for service described in subsection (2) of this section is entitled to
such leave, subject to the provisions of this section and of the last
sentence of section 6323(b) of title 5, and such leave shall be
considered leave under section 6323(b) of title 5.
Sec. 8029. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of twenty-
four months after initiation of such study with respect to a single
function activity or forty-eight months after initiation of such study
for a multi-function activity.
Sec. 8030. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8031. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8032. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force
[[Page 110 STAT. 3009-95]]
Reserve, if such action would reduce the WC-130 Weather Reconnaissance
mission below the levels funded in this Act.
Sec. 8033. (a) Of the funds for the procurement of supplies or
services appropriated by this Act, qualified nonprofit agencies for the
blind or other severely handicapped shall be afforded the maximum
practicable opportunity to participate as subcontractors and suppliers
in the performance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting
plan for the participation by small business concerns pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be given
credit toward meeting that subcontracting goal for any purchases made
from qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely handicapped'' means a
nonprofit agency for the blind or other severely handicapped that has
been approved by the Committee for the Purchase from the Blind and Other
Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
Sec. 8034. During the current fiscal year, net receipts pursuant
to collections from third party payers pursuant to section 1095 of title
10, United States Code, shall be made available to the local facility of
the uniformed services responsible for the collections and shall be over
and above the facility's direct budget amount.
Sec. 8035. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed $350,000,000
for purposes specified in section 2350j(c) of title 10, United States
Code, in anticipation of receipt of contributions, only from the
Government of Kuwait, under that section: Provided, That, upon receipt,
such contributions from the Government of Kuwait shall be credited to
the appropriation or fund which incurred such obligations.
Sec. 8036. Of the funds made available in this Act, not less than
$23,626,000 shall be available for the Civil Air Patrol, of which
$19,926,000 shall be available for Operation and maintenance.
Sec. 8037. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administered by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) Limitation on Compensation.--No member of a Board of
Directors, Trustees, Overseers, Advisory Group, Special Issues Panel,
Visiting Committee, or any similar entity of a defense FFRDC, and no
paid consultant to any defense FFRDC, may be compensated for his or her
services as a member of such entity, or as a paid consultant, except
under the same conditions, and to the same extent, as members of the
Defense Science Board: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership duties.
[[Page 110 STAT. 3009-96]]
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 1997 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for charitable contributions, for construction of new buildings, for
payment of cost sharing for projects funded by government grants, or for
absorption of contract overruns.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 1997, not more than 5,975
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That of the specific amount referred to previously in
this subsection, not more than 1,088 staff years may be funded for the
defense studies and analysis FFRDCs.
(e) Notwithstanding any other provision of law, the Secretary of
Defense shall control the total number of staff years to be performed by
defense FFRDCs during fiscal year 1997 so as to reduce the total amounts
appropriated in titles II, III, and IV of this Act by $52,286,000:
Provided, That the total amounts appropriated in titles II, III, and IV
of this Act are hereby reduced by $52,286,000 to reflect savings from
the use of defense FFRDCs by the department.
(f) Within 60 days after enactment of this Act, the Secretary of
Defense shall submit to the Congressional defense committees a report
presenting the specific amounts of staff years of technical effort to be
allocated by the department for each defense FFRDC during fiscal year
1997: Provided, That, after the submission of the report required by
this subsection, the department may not reallocate more than five
percent of an FFRDC's staff years among other defense FFRDCs until 30
days after a detailed justification for any such reallocation is
submitted to the Congressional defense committees.
(g) The Secretary of Defense shall, with the submission of the
department's fiscal year 1998 budget request, submit a report presenting
the specific amounts of staff years of technical effort to be allocated
for each defense FFRDC during that fiscal year.
(h) The total amounts appropriated to or for the use of the
department in titles II, III, and IV of this Act are hereby further
reduced by $102,286,000 to reflect savings from the decreased use of
non-FFRDC consulting services by the department.
(i) No part of the reductions contained in subsections (e) and (h)
of this section may be applied against any budget activity, activity
group, subactivity group, line item, program element, program, project,
subproject or activity which does not fund defense FFRDC activities or
non-FFRDC consulting services within each appropriation account.
(j) Not later than 90 days after enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report listing the specific funding reductions allocated to
each category listed in subsection (i) above pursuant to this section.
Sec. 8038. None of the funds in this or any other Act shall be
available for the preparation of studies on--
(a) the feasibility of removal and transportation of unitary
chemical weapons or agents from the eight chemical storage sites
within the continental United States to Johnston Atoll:
Provided, That this prohibition shall not apply to General
[[Page 110 STAT. 3009-97]]
Accounting Office studies requested by a Member of Congress or a
Congressional Committee; and
(b) the potential future uses of the nine chemical disposal
facilities other than for the destruction of stockpile chemical
munitions and as limited by section 1412(c)(2), Public Law 99-
145: Provided, That this prohibition does not apply to future
use studies for the CAMDS facility at Tooele, Utah.
Sec. 8039. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy or armor steel plate for
use in any Government-owned facility or property under the control of
the Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI)
specifications of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of enactment of this Act.
Sec. 8040. For the purposes of this Act, the term ``congressional
defense committees'' means the National Security Committee of the House
of Representatives, the Armed Services Committee of the Senate, the
subcommittee on Defense of the Committee on Appropriations of the
Senate, and the subcommittee on National Security of the Committee on
Appropriations of the House of Representatives.
Sec. 8041. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or defense agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
<<NOTE: 41 USC 10b-2.>> Sec. 8042. (a)(1) If the Secretary of
Defense, after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement
described in paragraph (2) has violated the terms of the agreement by
discriminating against certain types of products produced in the United
States that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary
[[Page 110 STAT. 3009-98]]
of Defense has prospectively waived the Buy American Act for certain
products in that country.
(b) The Secretary of Defense shall submit to Congress a report on
the amount of Department of Defense purchases from foreign entities in
fiscal year 1997. Such report shall separately indicate the dollar value
of items for which the Buy American Act was waived pursuant to any
agreement described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement to which
the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes'', approved March 3, 1933 (41 U.S.C.
10a et seq.).
Sec. 8043. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and for
the purposes, provided in section 2865 of title 10, United States Code.
Sec. 8044. During the current fiscal year and <<NOTE: 10 USC 1175
note.>> hereafter, voluntary separation incentives payable under 10
U.S.C. 1175 may be paid in such amounts as are necessary from the assets
of the Voluntary Separation Incentive Fund established by section
1175(h)(1).
(including transfer of funds)
Sec. 8045. Amounts deposited during the current fiscal year to the
special account established under 40 U.S.C. 485(h)(2) and to the special
account established under 10 U.S.C. 2667(d)(1) are appropriated and
shall be available until transferred by the Secretary of Defense to
current applicable appropriations or funds of the Department of Defense
under the terms and conditions specified by 40 U.S.C. 485(h)(2) (A) and
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available
for the same time period and the same purposes as the appropriation to
which transferred.
Sec. 8046. During the current fiscal year, appropriations
available to the Department of Defense may be used to reimburse a member
of a reserve component of the Armed Forces who is not otherwise entitled
to travel and transportation allowances and who occupies transient
government housing while performing active duty for training or inactive
duty training: Provided, That such members may be provided lodging in
kind if transient government quarters are unavailable as if the member
was entitled to such allowances under subsection (a) of section 404 of
title 37, United States Code: Provided further, That if lodging in kind
is provided, any authorized service charge or cost of such lodging may
be paid directly from funds appropriated for operation and maintenance
of the reserve component of the member concerned.
Sec. 8047. The President shall include <<NOTE: 10 USC 221 note.>>
with each budget for a fiscal year submitted to the Congress under
section 1105 of title 31, United States Code, materials that shall
identify clearly and separately the amounts requested in the budget for
appropriation for that fiscal year for salaries and expenses related to
administrative activities of the Department of Defense, the military
departments, and the Defense Agencies.
[[Page 110 STAT. 3009-99]]
Sec. 8048. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities, Defense''
may be obligated for the Young Marines program.
Sec. 8049. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. <<NOTE: 10 USC 1268 note.>> 8050. During the current fiscal
year and hereafter, annual payments granted under the provisions of
section 4416 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2714) shall be made from
appropriations in this Act which are available for the pay of reserve
component personnel.
Sec. 8051. Of the funds appropriated or otherwise made available
by this Act, not more than $119,200,000 shall be available for payment
of the operating costs of NATO Headquarters: Provided, That the
Secretary of Defense may waive this section for Department of Defense
support provided to NATO forces in and around the former Yugoslavia.
Sec. 8052. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and maintenance
may be used to purchase items having an investment item unit cost of not
more than $100,000.
Sec. <<NOTE: 10 USC 1293 note.>> 8053. During the current fiscal
year and hereafter, appropriations available for the pay and allowances
of active duty members of the Armed Forces shall be available to pay the
retired pay which is payable pursuant to section 4403 of Public Law 102-
484 (10 U.S.C. 1293 note) under the terms and conditions provided in
section 4403.
Sec. 8054. (a) During the current fiscal year, none of the
appropriations or funds available to the Defense Business Operations
Fund shall be used for the purchase of an investment item for the
purpose of acquiring a new inventory item for sale or anticipated sale
during the current fiscal year or a subsequent fiscal year to customers
of the Defense Business Operations Fund if such an item would not have
been chargeable to the Defense Business Operations Fund during fiscal
year 1994 and if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations made to the
Department of Defense for procurement.
(b) The fiscal year 1998 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 1998 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 1998 procurement appropriation and not in the supply
management business area or any other area or category of the Defense
Business Operations Fund.
Sec. 8055. None of the funds provided in this Act shall be
available for use by a Military Department to modify an aircraft,
weapon, ship or other item of equipment, that the Military Department
concerned plans to retire or otherwise dispose of within five years
after completion of the modification: Provided, That this prohibition
shall not apply to safety modifications: Provided further,
[[Page 110 STAT. 3009-100]]
That this prohibition may be waived by the Secretary of a Military
Department if the Secretary determines it is in the best national
security interest of the United States to provide such waiver and so
notifies the congressional defense committees in writing.
Sec. 8056. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, 1998.
Sec. 8057. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8058. (a) Notwithstanding any other provision of law, funds
appropriated in this Act for the High Performance Computing
Modernization Program shall be made available only for the acquisition,
modernization and sustainment of supercomputing capability and capacity
at Department of Defense (DoD) science and technology sites under the
cognizance of the Director of Defense Research and Engineering and DoD
test and evaluation facilities under the Director of Test and
Evaluation, OUSD (A&T): Provided, That these funds shall be awarded
based on user-defined requirements.
(b) Of the funds appropriated in this Act under the heading
``Procurement, Defense-Wide'', $124,735,000 shall be made available for
the High Performance Computing Modernization Program. Of the total funds
made available for the program pursuant to this subsection, $20,000,000
shall be for the Army High Performance Computing Research Center.
Sec. 8059. Of the funds appropriated by the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $8,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation, on Indian lands resulting from Department
of Defense activities.
Sec. 8060. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the
current fiscal year pursuant to section 1459(g) of the Department of
Defense Authorization Act, 1986 and deposited to the special account
established under subsection 1459(g)(2) of that Act are appropriated and
shall be available until expended for the operation and maintenance of
the Center as provided for in subsection 1459(g)(2).
Sec. 8061. None of the funds appropriated in this Act may be used
to fill the commander's position at any military medical facility with a
health care professional unless the prospective candidate can
demonstrate professional administrative skills.
Sec. 8062. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means title III of the
Act entitled ``An Act making appropriations for the Treasury and Post
Office Departments for the fiscal year
[[Page 110 STAT. 3009-101]]
ending June 30, 1934, and for other purposes'', approved March 3, 1933
(41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
Sec. 8063. None of the funds appropriated by this Act shall be
available for a contract for studies, analyses, or consulting services
entered into without competition on the basis of an unsolicited proposal
unless the head of the activity responsible for the procurement
determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work, or
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source, or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an amount
of less than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been confirmed
by the Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8064. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. <<NOTE: 50 USC 1521 note.>> 8065. Notwithstanding section
142 of H.R. 3230, the National Defense Authorization Act for Fiscal Year
1997, as passed by the Senate on September 10, 1996, of the funds
provided in title VI of this Act, under the heading ``Chemical Agents
and Munitions Destruction, Defense'', $40,000,000 shall only be
available for the conduct of a pilot program to identify and demonstrate
not less than two alternatives to the baseline incineration process for
the demilitarization of assembled chemical munitions: Provided, That the
Under Secretary of Defense for Acquisition and Technology shall, not
later than December 1, 1996, designate a program manager who is not, nor
has been, in direct or immediate control of the baseline reverse
assembly incineration demilitarization program to carry out the pilot
program: Provided further, That the Under Secretary of Defense for
Acquisition and Technology shall evaluate the effectiveness of each
alternative chemical munitions
[[Page 110 STAT. 3009-102]]
demilitarization technology identified and demonstrated under the pilot
program to demilitarize munitions and assembled chemical munitions while
meeting all applicable Federal and State environmental and safety
requirements: Provided further, That the Under Secretary of Defense for
Acquisition and Technology shall transmit, by December 15 of each year,
a report to the congressional defense committees on the activities
carried out under the pilot program during the preceding fiscal year in
which the report is to be made: Provided further, That section 142(f)(3)
of H.R. 3230, the <<NOTE: 50 USC 1521 note.>> National Defense
Authorization Act for Fiscal Year 1997, as passed by the Senate on
September 10, 1996, is repealed: Provided further, That no funds may be
obligated for the construction of a baseline incineration facility at
the Lexington Blue Grass Army Depot or the Pueblo Depot activity until
180 days after the Secretary of Defense has submitted to the
congressional defense committees a report detailing the effectiveness of
each alternative chemical munitions demilitarization technology
identified and demonstrated under the pilot program and its ability to
meet the applicable safety and environmental requirements: Provided
further, That none of the funds in this or any other Act may be
obligated for the preparation of studies, assessments, or planning of
the removal and transportation of stockpile assembled unitary chemical
weapons or neutralized chemical agent to any of the eight chemical
weapons storage sites within the continental United States.
Sec. 8066. (a) None of the funds made available by this Act may be
obligated for design, development, acquisition, or operation of more
than 47 Titan IV expendable launch vehicles, or for satellite mission-
model planning for a Titan IV requirement beyond 47 vehicles.
(b) $59,600,000 made available in this Act for Research,
Development, Test and Evaluation, Air Force, may only be obligated for
development of a new family of medium-lift and heavy-lift expendable
launch vehicles evolved from existing technologies.
Sec. 8067. None of the funds available to the Department of
Defense in this Act may be used to establish additional field operating
agencies of any element of the Department during fiscal year 1997,
except for field operating agencies funded within the National Foreign
Intelligence Program: Provided, That the Secretary of Defense may waive
this section by certifying to the House and Senate Committees on
Appropriations that the creation of such field operating agencies will
reduce either the personnel and/or financial requirements of the
Department of Defense.
Sec. 8068. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to lease
real and personal property at Naval Air Facility, Adak, Alaska, pursuant
to 10 U.S.C. 2667(f), for commercial, industrial or other purposes.
Sec. 8069. Notwithstanding any other provision <<NOTE: 10 USC note
prec. 2161.>> of law, for resident classes entering the war colleges
after September 30, 1997, the Department of Defense shall require that
not less than 20 percent of the total of United States military students
at each war college shall be from military departments other than the
hosting military department: Provided, That each military department
will recognize the attendance at a sister military department war
college as the equivalent of attendance at its own war college for
promotion and advancement of personnel.
[[Page 110 STAT. 3009-103]]
(rescissions)
Sec. 8070. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts in the specified amounts:
``Procurement of Ammunition, Army, 1995/1997'', $4,500,000;
``Aircraft Procurement, Navy, 1995/1997'', $8,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1995/
1997'', $2,000,000;
``Other Procurement, Navy, 1995/1997'', $10,000,000;
``Aircraft Procurement, Air Force, 1995/1997'', $3,100,000;
``Missile Procurement, Air Force, 1995/1997'', $31,900,000;
``Aircraft Procurement, Navy, 1996/1998'', $5,400,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $12,708,000;
``Aircraft Procurement, Air Force, 1996/1998'', $9,000,000;
``Missile Procurement, Air Force, 1996/1998'', $20,000,000;
``Other Procurement, Air Force, 1996/1998'', $26,000,000;
``Research, Development, Test and Evaluation, Navy 1996/
1997'', $4,500,000.
Sec. 8071. None of the funds provided in this Act may be obligated
for payment on new contracts on which allowable costs charged to the
government include payments for individual compensation at a rate in
excess of $250,000 per year.
Sec. 8072. Of the funds appropriated in the Department of Defense
Appropriations Act, 1996 (Public Law 104-61), under the heading ``Other
Procurement, Army'', the Department of the Army shall grant $477,000 to
the Kansas Unified School District 207 for the purpose of integrating
schools at Fort Leavenworth into the existing fiber optic network on
post.
Sec. 8073. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8074. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to the
Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8075. During the current fiscal year, funds appropriated in
this Act are available to compensate members of the National Guard for
duty performed pursuant to a plan submitted by a Governor of a State and
approved by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance of such duty,
the members of the National Guard shall be under State command and
control: Provided further, That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602 (a)(2) and (b)(2) of
title 10, United States Code.
Sec. 8076. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Unified and Specified Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and
[[Page 110 STAT. 3009-104]]
Reserve when members of the National Guard and Reserve provide
intelligence support to Unified Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and programs included
within the General Defense Intelligence Program and the Consolidated
Cryptologic Program: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard personnel and
training procedures.
Sec. 8077. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 1996 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8078. All refunds or other amounts collected in the
administration of the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) shall be credited to current year
appropriations.
(including transfer of funds)
Sec. 8079. None of the funds appropriated in this Act may be
transferred to or obligated from the Pentagon Reservation Maintenance
Revolving Fund, unless the Secretary of Defense certifies that the total
cost for the planning, design, construction and installation of
equipment for the renovation of the Pentagon Reservation will not exceed
$1,118,000,000.
Sec. 8080. (a) None of the funds <<NOTE: 10 USC 374
note.>> available to the Department of Defense for any fiscal year for
drug interdiction or counter-drug activities may be transferred to any
other department or agency of the United States except as specifically
provided in an appropriations law.
(b) None of the funds available to the Central <<NOTE: 50 USC 403f
note.>> Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
(transfer of funds)
Sec. 8081. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.
Sec. 8082. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That the
Secretary of the military department responsible for such procurement
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic supplies are not
available to meet Department of Defense
[[Page 110 STAT. 3009-105]]
requirements on a timely basis and that such an acquisition must be made
in order to acquire capability for national security purposes.
Sec. 8083. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa: Provided, That notwithstanding
any other provision of law, funds available to the Department of Defense
shall be made available to provide transportation of medical supplies
and equipment, on a nonreimbursable basis, to the Indian Health Service
when it is in conjunction with a civil-military project.
Sec. 8084. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States, unless
the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8085. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act.
Sec. 8086. None of the funds appropriated by this Act shall be
available to lease or charter a vessel in excess of seventeen months
(inclusive of any option periods) to transport fuel or oil for the
Department of Defense if the vessel was constructed after October 1,
1995 unless the Secretary of Defense requires that the vessel be
constructed in the United States with a double hull under the long-term
lease or charter authority provided in section 2401 note of title 10,
United States Code: Provided, That this limitation shall not apply to
contracts in force on the date of enactment of this Act: Provided
further, That by 1997 at least 20 percent of annual leases and charters
must be for ships of double hull design constructed after October 1,
1995 if available in numbers sufficient to satisfy this requirement:
Provided further, That the Military Sealift Command shall plan to
achieve the goal of eliminating single hull ship leases by the year
2015.
(transfer of funds)
Sec. 8087. In addition to amounts appropriated or otherwise made
available by this Act, $300,000,000 is hereby appropriated to the
Department of Defense and shall be available only for transfer to the
United States Coast Guard.
Sec. 8088. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $150,000,000
to reflect savings from reduced carryover of activities funded through
the Defense Business Operations Fund, to be distributed as follows:
``Operation and Maintenance, Army'', $60,000,000; and ``Operation and
Maintenance, Navy'', $90,000,000.
Sec. 8089. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State which is not contiguous with another State and has an unemployment
rate in excess of the national average rate of unemployment as
determined by the Secretary of Labor, shall include a provision
requiring the contractor to employ, for the purpose of performing that
portion of the contract in such State
[[Page 110 STAT. 3009-106]]
that is not contiguous with another State, individuals who are residents
of such State and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills: Provided, That
the Secretary of Defense may waive the requirements of this section, on
a case-by-case basis, in the interest of national security.
Sec. 8090. During the current fiscal year, the Army shall use the
former George Air Force Base as the airhead for the National Training
Center at Fort Irwin: Provided, That none of the funds in this Act shall
be obligated or expended to transport Army personnel into Edwards Air
Force Base for training rotations at the National Training Center.
Sec. 8091. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate setting forth all costs
(including incremental costs) incurred by the Department of Defense
during the preceding quarter in implementing or supporting resolutions
of the United Nations Security Council, including any such resolution
calling for international sanctions, international peacekeeping
operations, and humanitarian missions undertaken by the Department of
Defense. The quarterly report shall include an aggregate of all such
Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quarterly reports
all efforts made to seek credit against past United Nations expenditures
and all efforts made to seek compensation from the United Nations for
costs incurred by the Department of Defense in implementing and
supporting United Nations activities.
Sec. 8092 (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the funds
available to the Department of Defense for the current fiscal year may
be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in subsection
(b) unless the congressional defense committees, the Committee on
International Relations of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) Covered Activities.--(1) This section applies to--
(A) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(B) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve
[[Page 110 STAT. 3009-107]]
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
Sec. 8093. To the extent authorized by subchapter VI of Chapter
148 of title 10, United States Code, the Secretary of Defense shall
issue loan guarantees in support of U.S. defense exports not otherwise
provided for: Provided, That the total contingent liability of the
United States for guarantees issued under the authority of this section
may not exceed $15,000,000,000: Provided further, That the exposure fees
charged and collected by the Secretary for each guarantee, shall be paid
by the country involved and shall not be financed as part of a loan
guaranteed by the United States: Provided further, That the Secretary
shall provide quarterly reports to the Committees on Appropriations,
Armed Services and Foreign Relations of the Senate and the Committees on
Appropriations, National Security and International Relations in the
House of Representatives on the implementation of this program: Provided
further, That amounts charged for administrative fees and deposited to
the special account provided for under section 2540c(d) of title 10,
shall be available for paying the costs of administrative expenses of
the Department of Defense that are attributable to the loan guarantee
program under subchapter VI of Chapter 148 of title 10.
Sec. 8094. None of the funds available to the Department of
Defense shall be obligated or expended to make a financial contribution
to the United Nations for the cost of an United Nations peacekeeping
activity (whether pursuant to assessment or a voluntary contribution) or
for payment of any United States arrearage to the United Nations.
Sec. 8095. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8096. The amount otherwise provided by this Act for
``Operation and Maintenance, Air Force'' is hereby reduced by
$194,500,000, to reflect a reduction in the pass-through to the Air
Force business areas of the Defense Business Operations Fund.
Sec. 8097. (a) None of the funds appropriated or otherwise made
available in this Act may be used to transport or provide for the
transportation of chemical munitions or agents to the Johnston Atoll for
the purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition or agent of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a)
during a period of war in which the United States is a party.
Sec. 8098. None of the funds provided in title II of this Act for
``Former Soviet Union Threat Reduction'' may be obligated or
[[Page 110 STAT. 3009-108]]
expended to finance housing for any individual who was a member of the
military forces of the Soviet Union or for any individual who is or was
a member of the military forces of the Russian Federation.
Sec. 8099. During the current fiscal year, no more than
$15,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be merged
with, and to be available for the same time period as the appropriations
to which transferred, to be used in support of such personnel in
connection with support and services for eligible organizations and
activities outside the Department of Defense pursuant to section 2012 of
title 10, United States Code.
Sec. 8100. Beginning <<NOTE: 18 USC 3056 note.>> in fiscal year
1997 and thereafter, and notwithstanding any other provision of law,
fixed and mobile telecommunications support shall be provided by the
White House Communications Agency (WHCA) to the United States Secret
Service (USSS), without reimbursement, in connection with the Secret
Service's duties directly related to the protection of the President or
the Vice President or other officer immediately next in order of
succession to the office of the President at the White House Security
Complex in the Washington, D.C. Metropolitan Area and Camp David,
Maryland. For these purposes, the White House Security Complex includes
the White House, the White House grounds, the Old Executive Office
Building, the New Executive Office Building, the Blair House, the
Treasury Building, and the Vice President's Residence at the Naval
Observatory.
Sec. 8101. None of the funds provided in this Act may be obligated
or expended for the sale of zinc in the National Defense Stockpile if
zinc commodity prices decline more than five percent below the London
Metals Exchange market price reported on the date of enactment of this
Act.
Sec. 8102. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered to
be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior year,
and the one percent limitation shall apply to the total amount of the
appropriation.
Sec. 8103. During the current fiscal year, and notwithstanding 31
U.S.C. 1552(a), not more than $107,000,000 appropriated under the
heading ``Aircraft Procurement, Air Force'' in Public Law 101-511 and
not more than $15,000,000 appropriated under the heading ``Aircraft
Procurement, Air Force'' in Public Law 102-172 which were available and
obligated for the B-2 Aircraft Program shall remain available for
expenditure and for adjusting obligations for such Program until
September 30, 2002.
Sec. 8104. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
[[Page 110 STAT. 3009-109]]
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to one percent of the total appropriation for that account.
(transfer of funds)
Sec. 8105. Upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purposes as the
appropriations to which transferred, and for the same time period as the
appropriation from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in the amount
specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1985/1995'':
CG-47 cruiser program, $4,300,000;
For craft, outfitting, and post delivery,
$2,000,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1985/1995'':
DDG-51 destroyer program, $6,300,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1996'':
LHD-1 amphibious assault ship program, $2,154,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1996'':
For craft, outfitting and post delivery, $2,154,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1996'':
T-AO fleet oiler program, $1,095,000;
Oceanographic ship program, $735,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1996'':
For craft, outfitting, and post delivery,
$1,830,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'':
[[Page 110 STAT. 3009-110]]
T-AO fleet oiler program, $6,571,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'':
SSN-21 attack submarine program, $6,571,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
DDG-51 destroyer program, $12,687,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
LHD-1 amphibious assault ship program, $9,387,000;
MHC coastal mine hunter program, $3,300,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
For escalation, $1,600,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
MHC coastal mine hunter program, $1,600,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
DDG-51 destroyer program, $5,000,000;
LSD-41 cargo variant ship program, $2,700,000;
For craft, outfitting, post delivery, and first
destination transportation, and inflation adjustments,
$1,577,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
AOE combat support ship program, $9,277,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
Carrier replacement program, $18,023,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
MHC coastal mine hunter program, $6,700,000;
AOE combat support ship program, $11,323,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
LHD-1 amphibious assault ship program, $4,100,000;
Mine warfare command and control ship, $1,000,000;
For craft, outfitting, post delivery, and first
destination transportation, $2,000,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
Carrier replacement program, $9,477,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2000'':
NSSN-1 (AP), $3,791,000;
[[Page 110 STAT. 3009-111]]
DDG-51 destroyer program, $4,075,000;
CVN Refuelings, $5,212,000;
LHD-1 amphibious ship program, $16,800,000;
T-AGS-64 multi-purpose oceanographic survey ship,
$375,000;
For craft, outfitting, post delivery, conversions
and first destination transportation, $11,770,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
DDG-51 destroyer program, $41,800,000; and
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
For craft, outfitting, post delivery, conversions
and first destination transportation, $16,800,000.
Sec. 8106. <<NOTE: 10 USC 113 note.>> (a) The Secretary of
Defense shall require not later than June 30, 1997, each disbursement by
the Department of Defense in an amount in excess of $3,000,000 be
matched to a particular obligation before the disbursement is made.
(b) The Secretary shall ensure that a disbursement in excess of
the threshold amount applicable under section (a) is not divided into
multiple disbursements of less than that amount for the purpose of
avoiding the applicability of such section to that disbursement.
Sec. 8107. Notwithstanding any other provision of law, the Air
Force shall not introduce any new supplier for the remaining production
units for the AN/ALE-47 Countermeasures Dispenser System without
conducting a full and open competition that will include, but not be
limited to, small businesses.
Sec. 8108. The Under Secretary of Defense (Comptroller) shall
submit to the congressional defense committees a detailed report
identifying, by amount and by separate budget activity, activity group,
subactivity group, line item, program element, program, project,
subproject, and activity, any activity for which the fiscal year 1998
budget request was reduced because Congress appropriated funds above the
President's budget request for that specific activity for fiscal year
1997.
Sec. 8109. <<NOTE: 10 USC 2241 note.>> In applying section 9005
of the Department of Defense Appropriations Act, 1993, Public Law 102-
396 (10 U.S.C. 2241 note), during the current fiscal year and
thereafter--
(1) the term ``synthetic fabric and coated synthetic
fabric'' shall be deemed to include all textile fibers and yarns
that are for use in such fabrics; and
(2) such section shall be treated, notwithstanding section
34 of Public Law 93-400 (41 U.S.C. 430), as being applicable to
contracts and subcontracts for the procurement of commercial
items that are articles or items, specialty metals, or tools
covered by that section 9005.
Sec. 8110. Notwithstanding any other provision of law, including
Section 2304(j) of title 10, United States Code, of the funds
appropriated under the heading ``Aircraft Procurement, Navy'' in Public
Law 104-61, $45,000,000 shall be made available only for acquisition of
T-39N aircraft, associated ground-based training system (GBTS), service
life extension related components and parts, associated equipment, and
data that meet the Undergraduate Flight Officer (UNFO) training
requirements by procurement of the T-
[[Page 110 STAT. 3009-112]]
39N aircraft currently being used by the Navy for UNFO training under a
services contract.
Sec. 8111. Tradeoff Study of Current and Future Deep-Strike
Capabilities.--
(1) The Secretary of Defense shall carry out the deep-strike
tradeoff study announced by the President to study tradeoffs
between bombers, land and sea-based tactical aircraft, and
missiles capable of striking targets in an enemy's rear area.
(2) The Secretary of Defense shall establish an ad hoc
review committee under the auspices of the Defense Science Board
to establish the methodological approach to the tradeoff study,
to establish a broad range of stressing scenarios of interest,
and to review assumptions regarding the analyses to be
conducted.
(3) The ad hoc review committee to be established under
paragraph (2) shall include among its members analysts who have
performed or participated in bomber tradeoff analysis, retired
military personnel with broad experience in recent conventional
warfare operations, and experts on the logistics of both initial
deployment and sustaining support. These members shall be
selected without regard for current service on the Defense
Science Board.
(4) After submitting its recommendations for the conduct of
the deep-strike tradeoff study to the Secretary of Defense, the
ad hoc review committee shall continue to meet regularly to
review preliminary results of the analysis and to recommend
additional variations in assumptions that may be required to
illuminate particular force tradeoff issues.
Sec. 8112. Notwithstanding 31 U.S.C. 1552(a), of the funds
provided in Department of Defense Appropriations Acts, not more than the
specified amounts of funds from the following accounts shall remain
available for the payment of satellite on-orbit incentive fees until the
fees are paid:
``Missile Procurement, Air Force, 1990/1992'', $17,800,000;
``Missile Procurement, Air Force, 1991/1993'', $19,330,000;
``Missile Procurement, Air Force, 1992/1994'', $23,570,000;
``Missile Procurement, Air Force, 1993/1995'', $16,780,000;
``Missile Procurement, Air Force, 1994/1996'', $16,780,000.
Sec. 8113. Tactical Aircraft Requirement Study.--The Secretary of
Defense and the Chairman of the Joint Chiefs of Staff shall carry out a
joint study under the direct supervision of the Joint Requirements
Oversight Council (JROC) assessing future tactical aircraft requirements
across service jurisdictions. This study shall determine the best and
most affordable mix of weapon systems to carry out different mission
areas and shall include recommendations for changes to the planned
numbers and types of tactical aircraft to be developed and procured over
the next ten years if appropriate. Such report shall be submitted to the
congressional defense committees no later than March 30, 1997.
Sec. 8114. None of the funds available to the Department of the
Navy may be used to enter into any contract for the overhaul, repair, or
maintenance of any naval vessel homeported on the West Coast of the
United States which includes charges for interport differential as an
evaluation factor for award.
Sec. 8115. (a) None of the funds available to the Department of
Defense under this Act may be obligated or expended to reimburse a
defense contractor for restructuring costs associated
[[Page 110 STAT. 3009-113]]
with a business combination of the defense contractor that occurs after
the date of enactment of this Act unless:
(1) the auditable savings for the Department of Defense
resulting from the restructuring will exceed the costs allowed
by a factor of at least two to one, or
(2) the savings for the Department of Defense resulting from
the restructuring will exceed the costs allowed and the
Secretary of Defense determines that the business combination
will result in the preservation of a critical capability that
might otherwise be lost to the Department, and
(3) the report required by Section 818(e) of Public Law 103-
337 to be submitted to Congress in 1996 is submitted.
(b) Not later than April 1, 1997, the Comptroller General shall,
in consultation with the Inspector General of the Department of Defense,
the Secretary of Defense, and the Secretary of Labor, submit to Congress
a report which shall include the following:
(1) an analysis and breakdown of the restructuring costs
paid by or submitted to the Department of Defense to companies
involved in business combinations since 1993;
(2) an analysis of the specific costs associated with
workforce reductions;
(3) an analysis of the services provided to the workers
affected by business combinations;
(4) an analysis of the effectiveness of the restructuring
costs used to assist laid off workers in gaining employment;
(5) in accordance with section 818 of Public Law 103-337, an
analysis of the savings reached from the business combination
relative to the restructuring costs paid by the Department of
Defense.
(c) The report should set forth recommendations to make this
program more effective for workers affected by business combinations and
more efficient in terms of the use of Federal dollars.
Sec. 8116. Notwithstanding any other provision of law, none of the
funds appropriated in this Act may be used to purchase, install,
replace, or otherwise repair any lock on a safe or security container
which protects information critical to national security or any other
classified materials and which has not been certified as passing the
security lock specifications contained in regulation FF-L-2740 dated
October 12, 1989, and has not passed all testing criteria and procedures
established through February 28, 1992: Provided, That the Director of
Central Intelligence may waive this provision, on a case-by-case basis
only, upon certification that the above cited locks are not adequate for
the protection of sensitive intelligence information.
Sec. 8117. Section 8110 of Public Law 104-61 (109 Stat. 674) is
hereby repealed.
Sec. 8118. The Secretary of Defense, in conjunction with the
Secretary of Labor, shall take such steps as required to ensure that
those Department of Defense contractors and other entities subject to
section 4212(d) of title 38, United States Code are aware of, and in
compliance with, the requirements of that section regarding submission
of an annual report to the Secretary of Labor concerning employment of
certain veterans: Provided, That the Secretary of Defense shall ensure
that those Department of Defense contractors and other entities subject
to section 4212(d) of title 38, United States Code which have contracts
with the Department of Defense are notified of the potential penalties
associated with
[[Page 110 STAT. 3009-114]]
failure to comply with these annual reporting requirements (including
potential suspension or debarment from federal contracting): Provided
further, That within 180 days of enactment of this Act the Secretary of
Labor and the Secretary of Defense shall submit a report to Congress
which--
(1) using the most recent reporting data, details the number
of reports received from Department of Defense contractors and
the estimated number of Department of Defense contractors which
are not in compliance with these annual reporting requirements;
(2) describes the steps taken by the Departments of Labor
and Defense in order to ensure compliance with section 4212(d)
of title 38, United States Code;
(3) describes any additional measures taken or planned to be
taken by the Departments of Labor and Defense to improve
compliance with section 4212(d) of title 38, United States Code
pursuant to this section; and
(4) any further recommendations regarding additional action
(including changes in existing law) which may be necessary to
improve compliance with section 4212(d) of title 38, United
States Code.
Sec. 8119. Funds appropriated in title II of this Act for
supervision and administration costs for facilities maintenance and
repair, minor construction, or design projects may be obligated at the
time the reimbursable order is accepted by the performing activity:
Provided, That for the purpose of this section, supervision and
administration costs includes all in-house Government cost.
Sec. 8120. (a) Limitation on Advance Billing.--During fiscal year
1997, advance billing for services provided or work performed by the
Defense Business Operations Fund activities of the Department of the
Navy in excess of $1,000,000,000 is prohibited.
(b) Revised Rates; Additional Surcharges.--In conjunction with the
Under Secretary of Defense (Comptroller), the Secretary of the Navy
shall develop a plan to revise fiscal year 1997 customer rates or
establish additional surcharges so as to increase revenues to the
Defense Business Operations Fund by at least an additional $500,000,000
in executing orders accepted during fiscal year 1997.
(c) Transfer Authority.--To the extent necessary to comply with
any rate increase or new surcharge on rates in fiscal year 1997
established under subsection (b), the Secretary of the Navy shall
transfer at least $500,000,000, from funds made available under
subsection (d), into customer accounts of the Navy used to reimburse the
Defense Business Operations Fund so as to provide customers with
sufficient resources to pay the increased customer rates and additional
surcharges. The transfer authority provided by this subsection is in
addition to other transfer authority provided in this Act. The funds
transferred shall be merged with and available for the same purposes,
and for the same time period, as the appropriation to which transferred.
(d) Source of Funds.--To provide funds for transfer under
subsection (c), the amounts appropriated elsewhere in this Act for the
following appropriation accounts are reduced by 2.0 percent: Aircraft
Procurement, Navy; Weapons Procurement, Navy; Procurement of Ammunition,
Navy and Marine Corps; Shipbuilding and Conversion, Navy; Other
Procurement, Navy; and Research, Development, Test and Evaluation, Navy.
These reductions shall be applied on a pro-rata basis to each line item,
program element,
[[Page 110 STAT. 3009-115]]
program, project, subproject, and activity within each appropriation
account.
Sec. 8121. The Secretary of Defense may waive reimbursement of the
cost of conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for Security Studies
for military officers and civilian officials of foreign nations if the
Secretary determines that attendance by such personnel, without
reimbursement, is in the national security interest of the United
States: Provided, That costs for which reimbursement is waived pursuant
to this subsection shall be paid from appropriations available for the
Asia-Pacific Center.
Sec. 8122. (a) Of the amounts appropriated or otherwise made
available by this Act for the Department of the Air Force, $2,000,000
shall be available only for a facility at Lackland Air Force Base, Texas
to provide comprehensive care and rehabilitation services to children
with disabilities who are dependents of members of the Armed Forces.
(b) Subject to subsection (c), the Secretary of the Air Force
shall grant the funds made available under subsection (a) to the
Children's Association for Maximum Potential (CAMP) for use by the
association to defray the costs of designing and constructing the
facility referred to in subsection (a).
(c)(1) The Secretary may not make a grant of funds under
subsection (b) until the Secretary and the association enter into an
agreement under which the Secretary leases to the association the
facility to be constructed using the funds.
(2) The term of the lease under subsection (c)(1) may not be less
than 25 years.
(3) The Secretary may require such additional terms and conditions
in connection with the lease as the Secretary considers appropriate to
protect the interests of the United States.
Sec. 8123. None of the funds appropriated by this Act may be
obligated or expended--
(1) to reduce the number of units of special operations
forces of the Army National Guard during fiscal year 1997;
(2) to reduce the authorized strength of any such unit below
the strength authorized for the unit as of September 30, 1996;
or
(3) to apply any administratively imposed limitation on the
assigned strength of any such unit at less than the strength
authorized for that unit as of September 30, 1996.
Sec. 8124. (a) The Secretary of the Army shall ensure that
solicitations for contracts for unrestricted procurement to be entered
into using funds appropriated for the Army by this Act include, where
appropriate, specific goals for subcontracts with small businesses,
small disadvantaged businesses, and women owned small businesses.
(b) The Secretary shall ensure that any subcontract entered into
pursuant to a solicitation referred to in subsection (a) that meets a
specific goal referred to in that subsection is credited toward the
overall goal of the Army for subcontracts with the businesses referred
to in that subsection.
Sec. 8125. (a) The Secretary of the Air Force and the Director of
the Office of Personnel Management shall submit a joint report
describing in detail the benefits, allowances, services, and any other
forms of assistance which may or shall be provided to any civilian
employee of the Federal Government or to any private citizen,
[[Page 110 STAT. 3009-116]]
or to the family of such an individual, who is injured or killed while
traveling on an aircraft owned, leased, chartered, or operated by the
Government of the United States.
(b) The report required by subsection (a) above shall be submitted
to the congressional defense committees and to the Committee on
Governmental Affairs of the Senate and the Committee on Government
Reform and Oversight of the House of Representatives not later than
December 15, 1996.
Sec. 8126. (a) Not later than March 1, 1997, the Deputy Secretary
of Defense shall submit to the congressional defense committees a report
on Department of Defense procurements of propellant raw materials.
(b) The report shall include the following:
(1) The projected future requirements of the Department of
Defense for propellant raw materials, such as nitrocellulose.
(2) The capacity, ability, and production cost rates of the
national technology and industrial base, including Government-
owned, contractor-operated facilities, contractor-owned and
operated facilities, and Government-owned, Government-operated
facilities, for meeting such requirements.
(3) The national security benefits of preserving in the
national technology and industrial base contractor-owned and
operated facilities for producing propellant raw materials,
including nitrocellulose.
(4) The extent to which the cost rates for production of
nitrocellulose in Government-owned, contractor-operated
facilities is lower because of the relationship of those
facilities with the Department of Defense than such rates would
be without that relationship.
(5) The advantages and disadvantages of permitting
commercial facilities to compete for award of Department of
Defense contracts for procurement of propellant raw materials,
such as nitrocellulose.
Sec. 8127. Not later than six months after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
Congress a cost-benefit analysis of consolidating the ground station
infrastructure of the Air Force that supports polar orbiting satellites.
(including transfer of funds)
Sec. 8128. In addition to the amounts appropriated elsewhere in
this Act, $100,000,000 is appropriated for defense against weapons of
mass destruction: Provided, That the funds appropriated under this
section may be transferred to and merged with funds appropriated
elsewhere in this Act and that this transfer authority shall be in
addition to any other transfer authority provided under this Act:
Provided further, That of the funds made available by this section,
$10,000,000 shall be transferred to and merged with funds appropriated
in this Act for ``Procurement, Marine Corps'' and shall be available
only for the procurement of equipment that enhances the capability of
the Chemical-Biological Incident Response Force to respond to incidents
of terrorism.
Sec. 8129. The Secretary of Defense, in consultation with the
Secretary of Health and Human Services and the Director of the Office of
Personnel Management, shall submit a report to the congressional defense
committees by February 1, 1997 containing recommendations regarding the
establishment of a demonstration
[[Page 110 STAT. 3009-117]]
program under which covered beneficiaries under chapter 55 of title 10,
United States Code, who are entitled to benefits under part A of the
medicare program and who do not have access to TRICARE, would be
permitted to enroll in a health benefits program offered through the
Federal Employee Health Benefits Program under chapter 89 of title 5,
United States Code.
Sec. 8130. (a) Section 203 of H.R. 3230, the National Defense
Authorization Act for Fiscal Year 1997, as passed by the Senate on
September 10, 1996, is hereby amended by repealing section 203(a),
section 203(c), and section 203(e).
(b) The amendments made by subsection (a) shall take effect as of
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1997 as if section 203 of such Act had been enacted as so
amended.
Sec. 8131. (a) Section 722(c) of the National Defense
Authorization Act for Fiscal Year <<NOTE: 10 USC 1073 note.>> 1997 is
amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1)''; and
(3) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.
(b) <<NOTE: 10 USC 1073 note.>> The amendments made by subsection
(a) shall take effect as of the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1997 as if section 722 of such
Act had been enacted as so amended.
Sec. 8132. The Secretary of Defense shall complete a cost/benefit
analysis on the establishment of a National Missile Defense Joint
Program Office: Provided, That the Secretary of Defense shall submit a
report on this analysis to the congressional defense committees no later
than March 31, 1997: Provided further, That the Department of Defense
shall take no action to establish any National Missile Defense Joint
Program Office, to reassign service National Missile Defense roles and
missions under any National Missile Defense Joint Program Office
strategy or to relocate people under such a strategy prior to March 31,
1997.
Sec. 8133. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8134. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private, regional
or municipal services,
[[Page 110 STAT. 3009-118]]
if provisions are included for the consideration of United States coal
as an energy source.
Sec. 8135. (a) Section 2867 of the National Defense Authorization
Act for Fiscal Year 1997 is amended--
(1) by striking out ``Michael O'Callaghan Military
Hospital'' both places it appears in the text of such section
and inserting in lieu thereof ``Mike O'Callaghan Federal
Hospital''; and
(2) in the section heading, by striking out ``MICHAEL
O'CALLAGHAN MILITARY HOSPITAL'' and inserting in lieu thereof
``MIKE O'CALLAGHAN FEDERAL HOSPITAL''.
(b) The amendments made by subsection (a) shall take effect as of
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1997 and shall apply as if such amendments had been included
in section 2867 of such Act when enacted.
Sec. 8136. (a) In addition to any other reductions required by
this Act, the following funds are hereby reduced from the following
accounts in title IV of this Act in the specified amounts:
``Research, Development, Test and Evaluation, Army'',
$101,257,000;
``Research, Development, Test and Evaluation, Navy'',
$164,179,000;
``Research, Development, Test and Evaluation, Air Force'',
$289,992,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', $119,483,000; and
``Developmental Test and Evaluation, Defense'', $5,641,000.
(b) The reductions taken pursuant to subsection (a) shall be
applied on a pro-rata basis by subproject within each R-1 program
element as modified by this Act, except that no reduction may be taken
against the funds made available to the Department of Defense for
Ballistic Missile Defense.
(c) Unless expressly exempted by subsection (b), each program
element, program, project, subproject, and activity funded by title IV
of this Act shall be allocated a pro-rata share of any of the reductions
made by this section.
(d) Not later than 60 days after enactment of this Act, the
Secretary of Defense shall submit to the Congressional defense
committees a report listing the specific funding reductions allocated to
each category listed in subsection (c) above pursuant to this section.
Sec. 8137. In addition to amounts appropriated or otherwise made
available in this Act, $230,680,000 is hereby appropriated to the
Department of Defense for anti-terrorism, counter-terrorism, and
security enhancement programs and activities, as follows:
``Operation and Maintenance, Army'', $15,249,000;
``Operation and Maintenance, Navy'', $23,956,000;
``Operation and Maintenance, Marine Corps'', $600,000;
``Operation and Maintenance, Air Force'', $10,750,000;
``Operation and Maintenance, Defense-Wide'', $29,534,000;
``Operation and Maintenance, Navy Reserve'', $517,000;
``Other Procurement, Army'', $5,252,000;
``Other Procurement, Air Force'', $101,472,000;
``Procurement, Defense-Wide'', $35,350,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', $8,000,000:
Provided, That such amounts in their entirety are designated by Congress
as an emergency requirement pursuant to section
[[Page 110 STAT. 3009-119]]
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended; Provided further, That funds appropriated in this
section, or made available by transfer of such funds, for programs and
activities of the Central Intelligence Agency shall remain available
until September 30, 1997; Provided further, That funds appropriated in
this section or made available by transfer of such funds, to any
intelligence agency or activity of the United States Government shall be
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 414).
Sec. 8138. Of the amounts provided in Titles I though VIII of this
Act, $230,680,000 are permanently canceled: Provided, That the Secretary
of Defense shall allocate the amount of budgetary resources canceled by
this section on a pro-rata basis among each budget activity, activity
group and subactivity group and each program, project or activity within
each appropriations account.
Titles I <<NOTE: Short title.>> through VIII of this Act may be
cited as the ``Department of Defense Appropriations Act, 1997''.
TITLE IX--FISCAL YEAR 1996 SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS
FOR ANTI-TERRORISM, COUNTER-TERRORISM, AND SECURITY ENHANCEMENT
ACTIVITIES
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide emergency supplemental
appropriations for the Department of Defense for the fiscal year ending
September 30, 1996, namely:
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$4,800,000: 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, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$4,000,000: 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
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$21,200,000, to remain available until September 30, 1997:
[[Page 110 STAT. 3009-120]]
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, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $67,400,000, to remain available until September 30, 1997:
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: Provided further,
That these funds may be used to liquidate obligations incurred by the
Air Force during fiscal year 1996 for costs incurred under the authority
of the Feed and Forage Act (41 U.S.C. 11).
PROCUREMENT
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$11,600,000, to remain available until September 30, 1998: 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.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$13,600,000, to remain available until September 30, 1998: 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.
GENERAL PROVISIONS
(rescissions)
Sec. 9001. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded, as of the
date of enactment of this Act, from the following accounts in the
specified amounts:
``Procurement of Ammunition, Army, 1994/1996'', $1,000,000;
``Other Procurement, Army, 1994/1996'', $6,000,000;
``Research, Development, Test and Evaluation, Army, 1995/
1996'', $2,055,000;
``Aircraft Procurement, Navy, 1994/1996'', $10,157,000;
``Weapons Procurement, Navy, 1994/1996'', $10,688,000;
``Other Procurement, Navy, 1994/1996'', $4,000,000;
``Research, Development, Test and Evaluation, Navy, 1995/
1996'', $6,909,000;
``Aircraft Procurement, Air Force, 1994/1996'', $18,771,000;
``Missile Procurement, Air Force, 1994/1996'', $10,156,000;
``Other Procurement, Air Force, 1994/1996'', $14,395,000;
``Research, Development, Test and Evaluation, Air Force, 1995/
1996'', $4,918,000;
``Procurement, Defense-Wide, 1994/1996'', $9,954,000;
[[Page 110 STAT. 3009-121]]
``Research, Development, Test and Evaluation, Defense-Wide,
1995/1996'', $23,597,000.
Sec. 9002. Funds appropriated by this title, or made available by
transfer of such funds, for programs and activities of the Central
Intelligence Agency shall remain available until September 30, 1997:
Provided, That funds appropriated by this title, or made available by
transfer of such funds, to any intelligence agency or intelligence
activity of the United States Government shall be deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414).
(c) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1997, provided as follows, to be effective as if it had been enacted
into law as the regular appropriations Act:
AN ACT
Making appropriations for the foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1997, and for
other purposes.
TITLE <<NOTE: Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997.3Post, p. 3009-172.>> I--EXPORT AND INVESTMENT
ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than a nuclear-
weapon State as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import Bank
Act of 1945, as amended, $726,000,000 to remain available until
September 30, 1998: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
remain available until 2012 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal years 1997
and 1998: Provided further, That up to $50,000,000 of funds appropriated
by this paragraph shall remain available until expended and may be used
for tied-aid grant purposes: Provided further, That none of the funds
appropriated by this paragraph may be used for tied-aid credits or
grants except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated
by this paragraph are made available notwithstanding section
[[Page 110 STAT. 3009-122]]
2(b)(2) of the Export-Import Bank Act of 1945, in connection with the
purchase or lease of any product by any East European country, any
Baltic State, or any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, and not to exceed $20,000 for official reception and
representation expenses for members of the Board of Directors,
$46,614,000: Provided, That necessary expenses (including special
services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction of moneys owed
the Export-Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided further, That, effective July
21, 1997, notwithstanding any other provision of law, none of the funds
made available by this or any other Act may be made available to
compensate the incumbent Chairman and President of the Export-Import
Bank Provided further, That, <<NOTE: 12 USC 635a note.>> notwithstanding
subsection (b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October 1, 1997.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $32,000,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $72,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made during
fiscal years 1997 and 1998: Provided further, That such sums shall
remain available through fiscal year 2005 for
[[Page 110 STAT. 3009-123]]
the disbursement of direct and guaranteed loans obligated in fiscal year
1997, and through fiscal year 2006 for the disbursement of direct and
guaranteed loans obligated in fiscal year 1998: Provided further, That
section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195(a)(3)) is amended by striking out ``1996'' and inserting in lieu
thereof ``1997'' and, notwithstanding section 235(a)(1) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(1)), the maximum contingent
liability of issuing authority for insurance and financing shall not in
the aggregate exceed the amounts provided in section 235(a)(1) and (2)
of that Act. In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be derived
from amounts available for administrative expenses to carry out the
credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $40,000,000: Provided, That the
Trade and Development Agency may receive reimbursements from
corporations and other entities for the costs of grants for feasibility
studies and other project planning services, to be deposited as an
offsetting collection to this account and to be available for obligation
until September 30, 1998, for necessary expenses under this paragraph:
Provided further, That such reimbursements shall not cover, or be
allocated against, direct or indirect administrative costs of the
agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 1997, unless otherwise
specified herein, as follows:
agency for international development
child survival and disease programs fund
For necessary expenses to carry out the provisions of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961, for child
survival, basic education, assistance to combat tropical and other
diseases, and related activities, in addition to funds otherwise
available for such purposes, $600,000,000, to remain available until
expended: Provided, That this amount shall be made available for such
activities as (1) immunization programs, (2) oral rehydration programs,
(3) health and nutrition programs, and related education programs, which
address the needs of mothers and children, (4) water and sanitation
programs, (5) assistance for displaced and orphaned children, (6)
programs for the prevention, treatment, and control of, and research on,
tuberculosis, HIV/AIDS, polio, malaria and other diseases, (7) not to
exceed $98,000,000 for basic education programs for children, and (8) a
contribution on a grant basis to the United Nations Children's
[[Page 110 STAT. 3009-124]]
Fund (UNICEF) pursuant to section 301 of the Foreign Assistance Act of
1961.
development assistance
(including transfer of funds)
For necessary expenses to carry out the provisions of sections 103
through 106 and chapter 10 of part I of the Foreign Assistance Act of
1961, title V of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533) and the provisions of section 401 of the
Foreign Assistance Act of 1969, $1,181,500,000, to remain available
until September 30, 1998: Provided, That of the amount appropriated
under this heading, up to $20,000,000 may be made available for the
Inter-American Foundation and shall be apportioned directly to that
agency: Provided further, That of the amount appropriated under this
heading, up to $11,500,000 may be made available for the African
Development Foundation and shall be apportioned directly to that agency:
Provided further, That of the funds appropriated under title II of this
Act that are administered by the Agency for International Development
and made available for family planning assistance, not less than 65
percent shall be made available directly to the agency's central Office
of Population and shall be programmed by that office for family planning
activities: Provided further, That of the funds appropriated under this
heading and under the heading ``Child Survival and Disease Programs
Fund'' that are made available by the Agency for International
Development for development assistance activities, the amount made
available to carry out chapter 10 of part I of the Foreign Assistance
Act of 1961 (relating to the Development Fund for Africa) and the amount
made available for activities in the Latin America and Caribbean region
should be in at least the same proportion as the amount identified in
the fiscal year 1997 draft congressional presentation document for
development assistance for each such region is to the total amount
requested for development assistance for such fiscal year: Provided
further, That funds appropriated under this heading may be made
available, notwithstanding any other provision of law except section 515
of this Act, to assist Vietnam to reform its trade regime (such as
through reform of its commercial and investment legal codes): Provided
further, That none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made available to
any organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That none of the funds made available under this heading may be used to
pay for the performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions; and that in order
to reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer, either
directly or through referral to, or information about access to, a broad
range of family planning methods and services: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally, all
such applicants shall comply with
[[Page 110 STAT. 3009-125]]
the requirements of the previous proviso: Provided further, That for
purposes of this or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwithstanding section
109 of the Foreign Assistance Act of 1961, of the funds appropriated
under this heading in this Act, and of the unobligated balances of funds
previously appropriated under this heading, up to $17,500,000 may be
transferred to ``International Organizations and Programs'' for a
contribution to the International Fund for Agricultural Development
(IFAD), and that any such transfer of funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this heading that
are made available for assistance programs for displaced and orphaned
children and victims of war, not to exceed $25,000, in addition to funds
otherwise available for such purposes, may be used to monitor and
provide oversight of such programs: Provided further, That not less than
$500,000 of the funds made available under this heading shall be
available only for support of the United States Telecommunications
Training Institute.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $15,000,000
shall be made available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal projects,
and measures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two communities
on Cyprus.
burma
Of the funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of 1961, not less
than $2,500,000 shall be made available to support activities in Burma,
along the Burma-Thailand border, and for activities of Burmese student
groups and other organizations located outside Burma, for the purposes
of fostering democracy in Burma, supporting the provision of medical
supplies and other humanitarian assistance to Burmese located in Burma
or displaced Burmese along the borders, and for other purposes:
Provided, That of this amount, not less than $200,000 shall be made
available to support newspapers, publications, and other media
activities promoting democracy inside Burma: Provided further, That
funds made available under this heading may be made available
notwithstanding any other provision of law: Provided further, That
provision of such funds shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
[[Page 110 STAT. 3009-126]]
private and voluntary organizations
None of the funds <<NOTE: 22 USC 2151u note.>> appropriated or
otherwise made available by this Act for development assistance may be
made available to any United States private and voluntary organization,
except any cooperative development organization, which obtains less than
20 per centum of its total annual funding for international activities
from sources other than the United States Government: Provided, That the
requirements of the provisions of section 123(g) of the Foreign
Assistance Act of 1961 and the provisions on private and voluntary
organizations in title II of the ``Foreign Assistance and Related
Programs Appropriations Act, 1985'' (as enacted in Public Law 98-473)
shall be superseded by the provisions of this section, except that the
authority contained in the last sentence of section 123(g) may be
exercised by the Administrator with regard to the requirements of this
paragraph.
Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary organizations
at a level which is equivalent to the level provided in fiscal year
1995. Such private and voluntary organizations shall include those which
operate on a not-for-profit basis, receive contributions from private
sources, receive voluntary support from the public and are deemed to be
among the most cost-effective and successful providers of development
assistance.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, as amended, $190,000,000, to remain
available until expended.
debt restructuring
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying direct loans and loan guarantees, as
the President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts, through debt buybacks and
swaps, owed to the United States as a result of concessional loans made
to eligible Latin American and Caribbean countries, pursuant to part IV
of the Foreign Assistance Act of 1961, and of modifying concessional
loans authorized under title I of the Agricultural Trade Development and
Assistance Act of 1954, as amended, as authorized under subsection (a)
under the heading ``Debt Reduction for Jordan'' in title VI of Public
Law 103-306; $27,000,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading shall be
obligated except as provided through the regular notification procedures
of the Committees on Appropriations.
micro and small enterprise development program account
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 108 of the Foreign Assistance Act of 1961, as
amended: Provided, That such costs shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That guarantees
of loans made under this heading in support
[[Page 110 STAT. 3009-127]]
of microenterprise activities may guarantee up to 70 percent of the
principal amount of any such loans notwithstanding section 108 of the
Foreign Assistance Act of 1961. In addition, for administrative expenses
to carry out programs under this heading, $500,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses
of the Agency for International Development: Provided further, That
funds made available under this heading shall remain available until
September 30, 1998.
housing guaranty program account
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of guaranteed loans authorized by sections 221 and
222 of the Foreign Assistance Act of 1961, $3,500,000, to remain
available until September 30, 1998: Provided, That these funds are
available to subsidize loan principal, 100 percent of which shall be
guaranteed, pursuant to the authority of such sections. In addition, for
administrative expenses to carry out guaranteed loan programs,
$6,000,000, all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for International
Development: Provided further, That commitments to guarantee loans under
this heading may be entered into notwithstanding the second and third
sentences of section 222(a) and, with regard to programs for Central and
Eastern Europe and programs for the benefit of South Africans
disadvantaged by apartheid, section 223(j) of the Foreign Assistance Act
of 1961.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $43,826,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of section 667,
$470,750,000: Provided, That none of the funds appropriated by this Act
for programs administered by the Agency for International Development
may be used to finance printing costs of any report or study (except
feasibility, design, or evaluation reports or studies) in excess of
$25,000 without the approval of the Administrator of the Agency or the
Administrator's designee.
operating expenses of the agency for international development office of
inspector general
For necessary expenses to carry out the provisions of section 667,
$30,000,000, to remain available until September 30, 1998, which sum
shall be available for the Office of the Inspector General of the Agency
for International Development.
[[Page 110 STAT. 3009-128]]
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,343,000,000, to remain available until September 30, 1998:
Provided, That of the funds appropriated under this heading, not less
than $1,200,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within thirty days of enactment of this Act or by October 31, 1996,
whichever is later: Provided further, That not less than $815,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance may be provided,
with the understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken in previous
fiscal years, and of which not less than $200,000,000 shall be provided
as Commodity Import Program assistance: Provided further, That in
exercising the authority to provide cash transfer assistance for Israel
and Egypt, the President shall ensure that the level of such assistance
does not cause an adverse impact on the total level of nonmilitary
exports from the United States to each such country: Provided further,
That it is the sense of the Congress that the recommended levels of
assistance for Egypt and Israel are based in great measure upon their
continued participation in the Camp David Accords and upon the Egyptian-
Israeli peace treaty: Provided further, That none of the funds
appropriated under this heading shall be made available for Zaire.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 1998.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $475,000,000, to remain available until
September 30, 1998, which shall be available, notwithstanding any other
provision of law, for economic assistance and for related programs for
Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-bearing
accounts prior to the Fund's disbursement of such funds for program
purposes. The Fund may retain for such program purposes any interest
earned on such deposits without returning such interest to the Treasury
of the United States and without further appropriation by the Congress.
Funds made available for Enterprise Funds
[[Page 110 STAT. 3009-129]]
shall be expended at the minimum rate necessary to make timely payment
for projects and activities.
(c) Funds appropriated under this heading shall be considered to
be economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(d) None of the funds appropriated under this heading may be made
available for new housing construction or repair or reconstruction of
existing housing in Bosnia and Herzegovina unless directly related to
the efforts of United States troops to promote peace in said country.
(e) With regard to funds appropriated or otherwise made available
under this heading for the economic revitalization program in Bosnia and
Herzegovina, and local currencies generated by such funds (including the
conversion of funds appropriated under this heading into currency used
by Bosnia and Herzegovina as local currency and local currency returned
or repaid under such program)--
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and loans
prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned
or repaid to any lending facility or grantee; and
(2) the provisions of section 531 of this Act shall apply.
(f) With regard to funds appropriated under this heading that are
made available for economic revitalization programs in Bosnia and
Herzegovina, 50 percent of such funds shall not be available for
obligation unless the President determines and certifies to the
Committees on Appropriations that the Federation of Bosnia and
Herzegovina has complied with article III of annex 1-A of the General
Framework Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation on
training, investigations, and related activities between Iranian
officials and Bosnian officials has been terminated.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapter
11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM
Support Act, for assistance for the new independent states of the former
Soviet Union and for related programs, $625,000,000, to remain available
until September 30, 1998: Provided, That the provisions of such chapter
shall apply to funds appropriated by this paragraph.
(b) None of the funds appropriated under this heading shall be
transferred to the Government of Russia--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and equitable
treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
(c) Funds may be furnished without regard to subsection (b) if the
President determines that to do so is in the national interest.
[[Page 110 STAT. 3009-130]]
(d) None of <<NOTE: 22 USC 5814 note.>> the funds appropriated
under this heading shall be made available to any government of the new
independent states of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other new independent state, such as those violations
included in the Helsinki Final Act: Provided, That such funds may be
made available without regard to the restriction in this subsection if
the President determines that to do so is in the national security
interest of the United States: Provided further, That the restriction of
this subsection shall not apply to the use of such funds for the
provision of assistance for purposes of humanitarian, disaster and
refugee relief.
(e) None of the funds appropriated under this heading for the new
independent states of the former Soviet Union shall be made available
for any state to enhance its military capability: Provided, That
restriction does not apply to demilitarization or nonproliferation
programs.
(f) Funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on Appropriations.
(g) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(h)(1) Of the funds appropriated under title II of this Act,
including funds appropriated under this heading, not less than
$10,000,000 shall be available only for assistance for Mongolia, of
which amount not less than $6,000,000 shall be available only for the
Mongolian energy sector.
(2) Funds made available for assistance for Mongolia may be made
available in accordance with the purposes and utilizing the authorities
provided in chapter 11 of part I of the Foreign Assistance Act of 1961.
(i) Funds made available in this Act for assistance to the New
Independent States of the former Soviet Union shall be provided to the
maximum extent feasible through the private sector, including small- and
medium-size businesses, entrepreneurs, and others with indigenous
private enterprises in the region, intermediary development
organizations committed to private enterprise, and private voluntary
organizations: Provided, That grantees and contractors should, to the
maximum extent possible, place in key staff positions specialists with
prior on the ground expertise in the region of activity and fluency in
one of the local languages.
(j) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated under this heading or in prior
appropriations Acts, for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
(k) Of the funds made available under this heading, not less than
$225,000,000 shall be made available for Ukraine, of which funds not
less than $25,000,000 shall be made available to carry out United States
decommissioning obligations regarding the
[[Page 110 STAT. 3009-131]]
Chornobyl plant made in the Memorandum of Understanding between the
Government of Ukraine and the G-7 Group: Provided, That not less than
$35,000,000 shall be made available for agricultural projects, including
those undertaken through the Food Systems Restructuring Program, which
leverage private sector resources with United States Government
assistance: Provided further, That $5,000,000 shall be available for a
small business incubator project: Provided further, That $5,000,000
shall be made available for screening and treatment of childhood mental
and physical illnesses related to Chornobyl radiation: Provided further,
That $5,000,000 shall be available only for a land and resource
management institute to identify nuclear contamination at Chornobyl:
Provided further, That $15,000,000 shall be available for the legal
restructuring necessary to support a decentralized market-oriented
economic system, including enactment of necessary substantive commercial
law, implementation of reforms necessary to establish an independent
judiciary and bar, legal education for judges, attorneys, and law
students, and education of the public designed to promote understanding
of a law-based economy.
(l) Of the funds made available for Ukraine, under this Act and
Public Law 104-107, not less than $50,000,000 shall be made available to
improve safety at nuclear reactors: Provided, That of this amount
$20,000,000 shall be provided for the purchase and installation of, and
training for, safety parameter display or control systems at all
operational nuclear reactors: Provided further, That of this amount,
$20,000,000 shall be made available for the purchase, construction,
installation and training for Full Scope and Analytical/Engineering
simulators: Provided further, That of this amount funds shall be made
available to conduct Safety Analysis Reports at all operational nuclear
reactors.
(m) Of the funds made available by this Act, not less than
$95,000,000 shall be made available for Armenia.
(n) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-bearing
accounts prior to the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program proposes any interest
earned on such deposits without returning such interest to the Treasury
of the United States and without further appropriation by the Congress.
Funds made available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects and
activities.
(o)(1) None of the funds appropriated under this heading may be
made available for Russia unless the President determines and certifies
in writing to the Committees on Appropriations that the Government of
Russia has terminated implementation of arrangements to provide Iran
with technical expertise, training, technology, or equipment necessary
to develop a nuclear reactor or related nuclear research facilities or
programs.
(2) Paragraph (1) shall not apply if the President determines that
making such funds available is important to the national security
interest of the United States. Any such determination shall cease to be
effective six months after being made unless the President determines
that its continuation is important to the national security interest of
the United States.
[[Page 110 STAT. 3009-132]]
(p) Of the funds made available under this heading, not less than
$10,000,000 shall be made available for a United States contribution to
the Trans-Caucasus Enterprise Fund: Provided, That to further the
development of the private sector in the Trans-Caucasus, such amount and
amounts appropriated for purposes of subsection (t) under the heading
``Assistance for the New Independent States of the Former Soviet Union''
in Public Law 104-107 may be invested in a Trans-Caucasus Enterprise
Fund or, notwithstanding the provisions of such subsection, invested in
other funds established by public or private organizations, or
transferred to the Overseas Private Investment Corporation to be
available, subject to the requirements of the Federal Credit Reform Act,
to subsidize the costs of direct and guaranteed loans.
(q)(1) Funds appropriated under this heading may not be made
available for the Government of Ukraine if the President determines and
reports to the Committees on Appropriations that the Government of
Ukraine is engaged in military cooperation with the Government of Libya.
(2) Paragraph (1) shall not apply if the President determines that
making such funds available is important to the national security
interest of the United States. Any such determination shall cease to be
effective six months after being made unless the President determines
that its continuation is important to the national security interest of
the United States.
(r) Of the funds appropriated under this heading, not less than
$15,000,000 should be available only for a family planning program for
the New Independent States of the former Soviet Union comparable to the
family planning program currently administered by the Agency for
International Development in the Central Asian Republics and focusing on
population assistance which provides an alternative to abortion.
(s) Funds made available under this Act or any other Act (other
than assistance under title V of the FREEDOM Support Act and section
1424 of the ``National Defense Authorization Act for Fiscal Year 1997'')
may not be provided for assistance to the Government of Azerbaijan until
the President determines, and so reports to the Congress, that the
Government of Azerbaijan is taking demonstrable steps to cease all
blockades and other offensive uses of force against Armenia and Nagorno-
Karabakh.
(t) Of the funds appropriated under this heading, not less than
$2,500,000 shall be made available for the American-Russian Center.
Independent Agency
peace corps
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $208,000,000, including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States: Provided, That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 1998.
[[Page 110 STAT. 3009-133]]
Department of State
international narcotics control
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $213,000,000: Provided, That during fiscal year
1997, the Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive non-lethal excess property from an agency of
the United States Government for the purpose of providing it to a
foreign country under chapter 8 of part I of that Act subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That none of the funds made available under this
heading may be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence to believe such
unit has committed gross violations of human rights unless the Secretary
determines and reports to the Committees on Appropriations that the
government of such country is taking steps to bring the responsible
members of the security forces unit to justice.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$650,000,000: Provided, That not more than $12,000,000 shall be
available for administrative expenses: Provided further, That not less
than $80,000,000 shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees resettling in Israel.
refugee resettlement assistance
For necessary expenses for the targeted assistance program
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 and
administered by the Office of Refugee Resettlement of the Department of
Health and Human Services, in addition to amounts otherwise available
for such purposes, $5,000,000.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 260(c)), $50,000,000, to remain available until expended:
Provided, That the funds made available under this heading are
appropriated notwithstanding the provisions contained in section 2(c)(2)
of the Migration and Refugee Assistance Act
[[Page 110 STAT. 3009-134]]
of 1962 which would limit the amount of funds which could be
appropriated for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $133,000,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961
for anti-terrorism assistance, section 504 of the FREEDOM Support Act
for the Nonproliferation and Disarmament Fund, section 23 of the Arms
Export Control Act for demining activities, notwithstanding any other
provision of law, including activities implemented through
nongovernmental and international organizations, section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary contribution
to the Korean Peninsula Energy Development Organization (KEDO), and for
the acquisition and provision of goods and services, or for grants to
Israel necessary to support the eradication of terrorism in and around
Israel: Provided, That of this amount not to exceed $15,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the new
independent states of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: Provided further, That such funds shall be subject to
the regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading may be made
available for the International Atomic Energy Agency only if the
Secretary of State determines (and so reports to the Congress) that
Israel is not being denied its right to participate in the activities of
that Agency: Provided further, That not to exceed $25,000,000 may be
made available to the Korean Peninsula Energy Development Organization
(KEDO) only for the administrative expenses and heavy fuel oil costs
associated with the Agreed Framework: Provided further, That such funds
may be obligated to KEDO only if, prior to such obligation of funds, the
President certifies and so reports to Congress that (1)(A) the United
States is taking steps to assure that progress is made on the
implementation of the January 1, 1992, Joint Declaration on the
Denuclearization of the Korean Peninsula and the implementation of the
North-South dialogue, and (B) North Korea is complying with the other
provisions of the Agreed Framework between North Korea and the United
States and with the Confidential Minute; (2) North Korea is cooperating
fully in the canning and safe storage of all spent fuel from its
graphite-moderated nuclear reactors and that such canning and safe
storage is scheduled to be completed by the end of fiscal year 1997; and
(3) North Korea has not significantly diverted assistance provided by
the United States for purposes for which it was not intended: Provided
further, That the President may waive the certification requirements of
the preceding proviso if the President determines that it is vital to
the national security interests of the United States: Provided further,
That no funds may be obligated for KEDO until 30 calendar days after
submission to Congress of the waiver
[[Page 110 STAT. 3009-135]]
permitted under the preceding proviso: Provided further, That before
obligating any funds for KEDO, the President shall report to Congress on
(1) the cooperation of North Korea in the process of returning to the
United States the remains of United States military personnel who are
listed as missing in action as a result of the Korean conflict
(including conducting joint field activities with the United States);
(2) violations of the military armistice agreement of 1953; (3) the
actions which the United States is taking to assure that North Korea is
consistently taking steps to implement the Joint Declaration on
Denuclearization of the Korean Peninsula and engage in North-South
dialogue; and (4) all instances of non-compliance with the Agreed
Framework between North Korea and the United States and the Confidential
Minute, including diversion of heavy fuel oil: Provided further, That
the obligation of such funds shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the Secretary of State shall submit to the appropriate
congressional committees an annual report (to be submitted with the
annual presentation for appropriations) providing a full and detailed
accounting of the fiscal year request for the United States contribution
to KEDO, the expected operating budget of the Korean Peninsula Energy
Development Organization, to include proposed annual costs associated
with heavy fuel oil purchases and other related activities, and the
amount of funds pledged by other donor nations and organizations to
support KEDO activities on a per country basis.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $43,475,000: Provided, That none
of the funds appropriated under this heading shall be available for
Zaire and Guatemala: Provided further, That funds appropriated under
this heading for grant financed military education and training for
Indonesia may only be available for expanded international military
education and training.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,164,000,000: Provided, That of the funds appropriated by this
paragraph not less than $1,800,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be available for
grants only for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within thirty days of
enactment of this Act or by October 31, 1996, whichever is later:
Provided further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made available for
Israel by this paragraph shall, as agreed by Israel and the United
States, be available for advanced weapons systems, of which not less
than $475,000,000 shall be available for the procurement in Israel of
defense articles and
[[Page 110 STAT. 3009-136]]
defense services, including research and development: Provided further,
That of the funds made available under this paragraph, $30,000,000 shall
be available for assistance on a grant basis for Poland, Hungary, and
the Czech Republic to carry out title II of Public Law 103-477 and
section 585 of Public Law 104-107: Provided further, That funds made
available under this paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act: Provided
further, That, for the purpose only of providing support for NATO
expansion and the Warsaw Initiative Program, of the funds appropriated
by this Act under the headings ``Assistance for Eastern Europe and the
Baltic States'' and ``Assistance for the New Independent States of the
Former Soviet Union'', up to a total of $7,000,000 may be transferred,
notwithstanding any other provision of law, to the funds appropriated
under this paragraph: Provided further, That none of the funds made
available under this heading shall be available for any non-NATO country
participating in the Partnership for Peace Program except through the
regular notification procedures of the Committees on Appropriations.
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of direct loans authorized by section 23 of the Arms
Export Control Act as follows: cost of direct loans, $60,000,000:
Provided, That these funds are available to subsidize gross obligations
for the principal amount of direct loans of not to exceed $540,000,000:
Provided further, That the rate of interest charged on such loans shall
be not less than the current average market yield on outstanding
marketable obligations of the United States of comparable maturities:
Provided further, That of the funds appropriated under this paragraph
$20,000,000 shall be made available to Poland, Hungary, and the Czech
Republic: Provided further, That funds appropriated under this heading
shall be made available for Greece and Turkey only on a loan basis, and
the principal amount of direct loans for each country shall not exceed
the following: $122,500,000 only for Greece and $175,000,000 only for
Turkey.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 515 of
this Act: Provided further, That funds made available under this heading
shall be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a): Provided
further, That none of the funds appropriated under this heading shall be
available for Zaire, Sudan, Liberia, and Guatemala: Provided further,
That funds made available under this heading may be used,
notwithstanding any other provision of law, for activities related to
the clearance of landmines and unexploded ordnance, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available
[[Page 110 STAT. 3009-137]]
under this heading for procurement of defense articles, defense services
or design and construction services that are not sold by the United
States Government under the Arms Export Control Act: Provided further,
That, subject to the regular notification procedures of the Committees
on Appropriations, funds made available under this heading for the cost
of direct loans may also be used to supplement the funds available under
this heading for grants, and funds made available under this heading for
grants may also be used to supplement the funds available under this
heading for the cost of direct loans: Provided further, That funds
appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That not more than $23,250,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs of
administering military assistance and sales: Provided further, That not
more than $355,000,000 of funds realized pursuant to section 21(e)(1)(A)
of the Arms Export Control Act may be obligated for expenses incurred by
the Department of Defense during fiscal year 1997 pursuant to section
43(b) of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility (GEF), $35,000,000, to
remain available until September 30, 1998.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $700,000,000, for the United States
contribution to the tenth replenishment, to remain available until
expended: Provided, That none of the funds may be obligated before March
1, 1997: Provided further, That not less than twenty days before such
funds are obligated, the Secretary of the Treasury shall submit a report
to the Committees on Appropriations on his efforts to reach agreement
with the other IDA-11 donors, including at the February 1997 IDA-11
donors review meeting, that the procurement restrictions in the Interim
Trust Fund will be lifted.
contribution to the international finance corporation
For payment to the International Finance Corporation by the
Secretary of the Treasury, $6,656,000, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended.
[[Page 110 STAT. 3009-138]]
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the
Secretary of the Treasury, for the United States share of the paid-in
share portion of the increase in capital stock, $25,610,667, and for the
United States share of the increase in the resources of the Fund for
Special Operations, $10,000,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $1,503,718,910.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the Fund to be administered by the Inter-American
Development Bank, $27,500,000 to remain available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $13,221,596, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $647,858,204.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increases in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended (Public Law 89-
369), $100,000,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $11,916,447, for the
United States share of the paid-in share portion of the initial capital
subscription, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year
[[Page 110 STAT. 3009-139]]
limitation to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $27,805,043.
North American Development Bank
For payment to the North American Development Bank by the
Secretary of the Treasury, for the United States share of the paid-in
portion of the capital stock, $56,000,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the North American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of the capital stock of the North
American Development Bank in an amount not to exceed $318,750,000.
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $169,950,000:
Provided, That none of the funds appropriated under this heading shall
be made available for the United Nations Fund for Science and
Technology: Provided further, That none of the funds appropriated under
this heading that are made available to the United Nations Population
Fund (UNFPA) shall be made available for activities in the People's
Republic of China: Provided further, That not more than $25,000,000 of
the funds appropriated under this heading may be made available to the
UNFPA: Provided further, That not more than one-half of this amount may
be provided to UNFPA before March 1, 1997, and that no later than
February 15, 1997, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount UNFPA is budgeting
for the People's Republic of China in 1997: Provided further, That any
amount UNFPA plans to spend in the People's Republic of China in 1997
shall be deducted from the amount of funds provided to UNFPA after March
1, 1997, pursuant to the previous provisos: Provided further, That with
respect to any funds appropriated under this heading that are made
available to UNFPA, UNFPA shall be required to maintain such funds in a
separate account and not commingle them with any other funds: Provided
further, That none of the funds appropriated under this heading may be
made available to the Korean Peninsula Energy Development Organization
(KEDO) or the International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 per centum of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
[[Page 110 STAT. 3009-140]]
prohibition of bilateral funding for international financial
institutions
Sec. 502. None of the funds contained in title II of this Act may
be used to carry out the provisions of section 209(d) of the Foreign
Assistance Act of 1961.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $126,500 shall be for official residence
expenses of the Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available pursuant to
this Act, not to exceed $5,000 shall be for entertainment expenses of
the Agency for International Development during the current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $95,000 shall be available for representation
allowances for the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further, That of
the funds made available by this Act for general costs of administering
military assistance and sales under the heading ``Foreign Military
Financing Program'', not to exceed $2,000 shall be available for
entertainment expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the funds made
available by this Act under the heading ``International Military
Education and Training'', not to exceed $50,000 shall be available for
entertainment allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not to exceed
$2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available (other
than funds for ``Nonproliferation, Antiterrorism, Demining and Related
Programs'') pursuant to this Act, for carrying out the Foreign
Assistance Act of 1961, may be used, except for purposes of nuclear
safety, to finance the export of nuclear equipment, fuel, or technology.
[[Page 110 STAT. 3009-141]]
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to finance
directly any assistance or reparations to Cuba, Iraq, Libya, North
Korea, Iran, Sudan, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall include
direct loans, credits, insurance and guarantees of the Export-Import
Bank or its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to finance
directly any assistance to any country whose duly elected Head of
Government is deposed by military coup or decree: Provided, That
assistance may be resumed to such country if the President determines
and reports to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate.
deobligation/reobligation authority
Sec. 510. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose as any of the
headings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective appropriations
under such headings or until September 30, 1997, whichever is later, and
for the same general purpose, and for countries within the same region
as originally obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified fifteen days in advance of the
reobligation of such funds in accordance with regular notification
procedures of the Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out section
23 of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under this
Act: Provided, That the authority of this subsection may not be used in
fiscal year 1997.
availability of funds
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the
[[Page 110 STAT. 3009-142]]
current fiscal year unless expressly so provided in this Act: Provided,
That funds appropriated for the purposes of chapters 1, 8, and 11 of
part I, section 667, and chapter 4 of part II of the Foreign Assistance
Act of 1961, as amended, and funds provided under the heading
``Assistance for Eastern Europe and the Baltic States'', shall remain
available until expended if such funds are initially obligated before
the expiration of their respective periods of availability contained in
this Act: Provided further, That, notwithstanding any other provision of
this Act, any funds made available for the purposes of chapter 1 of part
I and chapter 4 of part II of the Foreign Assistance Act of 1961 which
are allocated or obligated for cash disbursements in order to address
balance of payments or economic policy reform objectives, shall remain
available until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall designate for
each country, to the extent known at the time of submission of such
report, those funds allocated for cash disbursement for balance of
payment and economic policy reform purposes.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to such country by the United
States pursuant to a program for which funds are appropriated under this
Act: Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available in this
Act or during the current fiscal year for Nicaragua, and for any
narcotics-related assistance for Colombia, Bolivia, and Peru authorized
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment
of its Board of Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in a
foreign country of an agricultural commodity for
[[Page 110 STAT. 3009-143]]
export which would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury <<NOTE: 22 USC 262h
note.>> shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds appropriated or
made available pursuant to this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. For the purposes of providing the Executive Branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Disease Programs
Fund'', ``Development Assistance'', ``Debt restructuring'',
``International organizations and programs'', ``Trade and Development
Agency'', ``International narcotics control'', ``Assistance for Eastern
Europe and the Baltic States'', ``Assistance for the New Independent
States of the Former Soviet Union'', ``Economic Support Fund'',
``Peacekeeping operations'', ``Operating expenses of the Agency for
International Development'', ``Operating expenses of the Agency for
International Development Office of Inspector General'',
``Nonproliferation, anti-terrorism, demining and related programs'',
``Foreign Military Financing Program'', ``International military
education and training'', ``Inter-American Foundation'', ``African
Development Foundation'', ``Peace Corps'', ``Migration and refugee
assistance'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Appropriations Committees for obligation under any of these specific
headings unless the Appropriations Committees of both Houses of Congress
are previously notified fifteen days in advance: Provided, That the
President shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conventional
ammunition, or other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to Congress or 20
per centum in excess of the quantities justified to Congress unless the
Committees on Appropriations are notified
[[Page 110 STAT. 3009-144]]
fifteen days in advance of such commitment: Provided further, That this
section shall not apply to any reprogramming for an activity, program,
or project under chapter 1 of part I of the Foreign Assistance Act of
1961 of less than 10 per centum of the amount previously justified to
the Congress for obligation for such activity, program, or project for
the current fiscal year: Provided further, That the requirements of this
section or any similar provision of this Act or any other Act, including
any prior Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations, may be
waived if failure to do so would pose a substantial risk to human health
or welfare: Provided further, That in case of any such waiver,
notification to the Congress, or the appropriate congressional
committees, shall be provided as early as practicable, but in no event
later than three days after taking the action to which such notification
requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Notwithstanding any other provision of law or of this
Act, none of the funds provided for ``International Organizations and
Programs'' shall be available for the United States proportionate share,
in accordance with section 307(c) of the Foreign Assistance Act of 1961,
for any programs identified in section 307, or for Libya, Iran, or, at
the discretion of the President, Communist countries listed in section
620(f) of the Foreign Assistance Act of 1961, as amended: Provided,
That, subject to the regular notification procedures of the Committees
on Appropriations, funds appropriated under this Act or any previously
enacted Act making appropriations for foreign operations, export
financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of this section or any similar provision of law, shall remain available
for obligation through September 30, 1998.
economic support fund assistance for israel
Sec. 517. The Congress finds that progress on the peace process in
the Middle East is vitally important to United States security interests
in the region. The Congress recognizes that, in fulfilling its
obligations under the Treaty of Peace Between the Arab Republic of Egypt
and the State of Israel, done at Washington on March 26, 1979, Israel
incurred severe economic burdens. Furthermore, the Congress recognizes
that an economically and militarily secure Israel serves the security
interests of the United States, for a secure Israel is an Israel which
has the incentive and confidence to continue pursuing the peace process.
Therefore, the Congress declares that, subject to the availability of
appropriations, it is the policy and the intention of the United States
that the funds provided in annual appropriations for the Economic
Support Fund which are allocated to Israel shall not be less than the
annual
[[Page 110 STAT. 3009-145]]
debt repayment (interest and principal) from Israel to the United States
Government in recognition that such a principle serves United States
interests in the region.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations:
Provided, That none of the funds made available under this Act may be
used to lobby for or against abortion.
authorization for population planning
Sec. 518A. (a) None of the funds made available in title II of
this Act for population planning activities or other population
assistance pursuant to section 104(b) of the Foreign Assistance Act or
any other provision of law may be obligated or expended prior to July 1,
1997.
(b) Not to exceed $385,000,000 of the funds appropriated in title
II of this Act may be made available for population planning activities
or other population assistance.
(c) Such funds may be apportioned only on a monthly basis, and
such monthly apportionments may not exceed 8 percent of the total
available for such activities.
(d) Not later than February 1, 1997, the President shall submit a
finding to the Congress regarding the impact of the limitation on
obligations imposed by subsection (a) of this section on the proper
functioning of the population planning program. If such Presidential
finding indicates that the limitation is having a negative impact on the
proper functioning of the population planning program, funds for
population planning activities and other population assistance referred
to in subsection (a) may be made available beginning March 1, 1997,
notwithstanding the July 1, 1997, limitation set forth in subsection
(a), if the Congress approves such finding by adoption of a joint
resolution of approval not later than February 28, 1997, in accordance
with subsection (e).
(e) Congressional Review Procedure.--
(1) This subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such it is deemed a part of the rules of each
House,
[[Page 110 STAT. 3009-146]]
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of
resolutions described by paragraph (2) of this
subsection; and it supersedes other rules only to the
extent that it is inconsistent therewith; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
those rules relate to the procedure of that House) at
any time, in the same manner, and to the same extent as
in the case of any other rule of such House.
(2) For purposes of this section, the term ``resolution''
means a joint resolution, the text of which is as follows:
``That the House of Representatives and Senate approve the
Presidential finding, submitted to the Congress on XXXXX, that
the limitation on obligations imposed by section 518A(a) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997, is having a negative impact on the
proper functioning of the population planning program.''. The
blank space therein shall be filled with the date on which the
President submits his finding to the House of Representatives
and the Senate.
(3) On the day on which the President submits a finding
under this section to the Congress, a joint resolution described
in paragraph (2) shall be introduced (by request) in the House
by the majority leader of the House, for himself and the
minority leader of the House, or by Members of the House
designated by the majority leader and minority leader of the
House; and shall be introduced (by request) in the Senate by the
majority leader of the Senate, for himself and the minority
leader of the Senate, or by Members of the Senate designated by
the majority leader and minority leader of the Senate. If either
House is not in session on the day on which the President
submits such finding, the resolution shall be introduced in that
House, as provided in the preceding sentence, on the first day
thereafter on which that House is in session. A resolution once
introduced in the House with respect to a Presidential finding
under this section shall be referred to 1 or more committees
(and all resolutions with respect to the same Presidential
finding shall be referred to the same committee or committees)
by the Speaker of the House of Representatives. A resolution
once introduced in the Senate with respect to a Presidential
finding under this section shall be referred to the appropriate
committee (and all resolutions with respect to the same
Presidential finding shall be referred to the same committee) by
the President of the Senate.
(4) No amendment to a resolution introduced under this
section shall be in order in either the House of Representatives
or the Senate; and no motion to suspend the application of this
subsection shall be in order in either House, nor shall it be in
order in either House for the presiding officer to entertain a
request to suspend the application of this subsection by
unanimous consent.
(5)(A) If any committee to which a resolution with respect
to a Presidential finding under this section has been referred
has not reported it at the end of 5 calendar days after its
introduction, such committee shall be automatically discharged
from further consideration of the resolution and it shall be
[[Page 110 STAT. 3009-147]]
placed on the appropriate calendar. A vote on final passage of
the resolution, shall be taken in each House on or before
February 28, 1997. If prior to the passage by 1 House of a
resolution of that House under this section, that House receives
the same resolution from the other House, then--
(i) the procedure in that House shall be the same as
if no resolution had been received from the other House,
but
(ii) the vote on final passage shall be on the
resolution of the other House.
(6)(A) A motion in the House of Representatives to proceed
to the consideration of a resolution under this section shall be
highly privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(B) Debate in the House of Representatives on the resolution
described in paragraph (2) of this subsection shall be limited
to not more than 2 hours, which shall be divided equally between
those favoring and those opposing such resolution. A motion to
further limit debate shall not be debatable. It shall not be in
order to move to recommit a resolution or to move to reconsider
the vote by which such resolution was agreed to or disagreed to.
(C) Appeals from the decision of the Chair relating to the
application of the rules of the House of Representatives to the
procedures relating to a resolution under this section shall be
decided without debate.
(D) Except to the extent specifically provided in preceding
provisions of this subsection, consideration in the House of
Representatives of a resolution under this subsection shall be
governed by the rules of the House of Representatives applicable
to other resolutions in similar circumstances.
(7)(A) A motion in the Senate to proceed to the
consideration of a resolution under this section shall not
debatable. It shall not be in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(B) Debate in the Senate on the resolution described in
paragraph (2) of this subsection, and all debatable motions and
appeals in connection therewith, shall be limited to not more
than 2 hours. The time shall be equally divided between, and
controlled by, the mover and the manager of the resolution,
except that in the event the manager of the resolution is in
favor of any such motion or appeal, the time in opposition
thereto shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time under
their control on the passage of a resolution, allot additional
time to any Senator during the consideration of any debatable
motion or appeal.
(C) A motion in the Senate to further limit debate is not
debatable. A motion to recommit a resolution is not in order.
reporting requirement
Sec. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of the Arms
Export Control Act.
[[Page 110 STAT. 3009-148]]
special notification requirements
Sec. 520. None of the funds appropriated in this Act shall be
obligated or expended for Colombia, Guatemala (except that this
provision shall not apply to development assistance for Guatemala),
Dominican Republic, Haiti, Liberia, Pakistan, Peru, Serbia, Sudan, or
Zaire except as provided through the regular notification procedures of
the Committees on Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the Appropriations Act account level and
shall include all Appropriations and Authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the Agency for
International Development ``program, project, and activity'' shall also
be considered to include central program level funding, either as (1)
justified to the Congress, or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within thirty days of enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961.
child survival and aids activities
Sec. 522. Up to $8,000,000 of the funds made available by this Act
for assistance for family planning, health, child survival, and AIDS,
may be used to reimburse United States Government agencies, agencies of
State governments, institutions of higher learning, and private and
voluntary organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned to, or
contracted by, as the case may be, the Agency for International
Development for the purpose of carrying out family planning activities,
child survival activities and activities relating to research on, and
the treatment and control of acquired immune deficiency syndrome in
developing countries: Provided, That funds appropriated by this Act that
are made available for child survival activities or activities relating
to research on, and the treatment and control of, acquired immune
deficiency syndrome may be made available notwithstanding any provision
of law that restricts assistance to foreign countries: Provided further,
That funds appropriated by this Act that are made available for family
planning activities may be made available notwithstanding section 512 of
this Act and section 620(q) of the Foreign Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance indirectly
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North
Korea, or the People's Republic of China, unless the President of the
United States certifies that the withholding of these funds is contrary
to the national interest of the Untied States.
[[Page 110 STAT. 3009-149]]
reciprocal leasing
Sec. 524. Section 61(a) of the Arms <<NOTE: 22 USC 2796.>> Export
Control Act is amended by striking out ``1996'' and inserting in lieu
thereof ``1997''.
notification on excess defense equipment
Sec. 525. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as are other committees
pursuant to subsection (c) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
authorization requirement
Sec. 526. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
prohibition on bilateral assistance to terrorist countries
Sec. 527. (a) Notwithstanding any other provision of law, funds
appropriated for bilateral assistance under any heading of this Act and
funds appropriated under any such heading in a provision of law enacted
prior to enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to
a country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least fifteen days before
the waiver takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
commercial leasing of defense articles
Sec. 528. <<NOTE: 22 USC 2763 note.>> Notwithstanding any other
provision of law, and subject to the regular notification procedures of
the Committees on Appropriations, the authority of section 23(a) of the
Arms Export Control Act may be used to provide financing to Israel,
Egypt and NATO and major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major Defense
Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there
are compelling foreign policy or national security reasons for those
defense articles being provided by
[[Page 110 STAT. 3009-150]]
commercial lease rather than by government-to-government sale under such
Act.
competitive insurance
Sec. 528A. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States insurance companies have a
fair opportunity to bid for insurance when such insurance is necessary
or appropriate.
stingers in the persian gulf region
Sec. 529. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990, the United States may not sell or otherwise make available any
Stingers to any country bordering the Persian Gulf under the Arms Export
Control Act or chapter 2 of part II of the Foreign Assistance Act of
1961.
debt-for-development
Sec. 530. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency for
International Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local currencies which
accrue to that organization as a result of economic assistance provided
under title II of this Act and any interest earned on such investment
shall be used for the purpose for which the assistance was provided to
that organization.
separate accounts
Sec. 531. (a) Separate Accounts <<NOTE: 22 USC 2359 note.>> for
Local Currencies.--(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator
of the Agency for International Development shall--
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development and
that government to monitor and account for deposits into and
disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local currencies,
shall be used only--
[[Page 110 STAT. 3009-151]]
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) Programming Accountability.--The Agency for International
Development shall take all necessary steps to ensure that the equivalent
of the local currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this subsection
shall supersede the tenth and eleventh provisos contained under the
heading ``Sub-Saharan Africa, Development Assistance'' as included in
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign
Assistance Act of 1961.
(6) Reporting Requirement.--The Administrator of the Agency for
International Development shall report on an annual basis as part of the
justification documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United States
dollar equivalent) used and/or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign country, under chapters 1
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector assistance,
that country shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the Committee
of Conference accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At lest fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed description
of how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by the
assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
[[Page 110 STAT. 3009-152]]
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the notification
procedures of the Committees on Appropriations.
compensation for united states executive directors to international
financing institutions
Sec. 532. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 533. (a) Denial of Assistance.--None <<NOTE: 50 USC 1701
note.>> of the funds appropriated or otherwise made available pursuant
to this Act to carry out the Foreign Assistance Act of 1961 (including
title IV of chapter 2 of part I, relating to the Overseas Private
Investment Corporation) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance with the
United Nations Security Council sanctions against Iraq, Serbia or
Montenegro unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
(b) Import Sanctions.--If the President considers that the taking
of such action would promote the effectiveness of the economic sanctions
of the United Nations and the United States imposed with respect to
Iraq, Serbia, or Montenegro, as the case may be, and is consistent with
the national interest, the President may prohibit, for such a period of
time as he considers appropriate, the importation into the United States
of any or all products of any foreign country that has not prohibited--
(1) the importation of products of Iraq, Serbia, or
Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia, or
Montenegro, as the case may be.
[[Page 110 STAT. 3009-153]]
competitive pricing for sales of defense articles
Sec. 533A. Direct costs associated with meeting <<NOTE: 22 USC
2762 note.>> a foreign customer's additional or unique requirements
will continue to be allowable under contracts under section 22(d) of the
Arms Export Control Act. Loadings applicable to such direct costs shall
be permitted at the same rates applicable to procurement of like items
purchased by the Department of Defense for its own use.
pow/mia military drawdown
Sec. 534. (a) Notwithstanding any other provision of law, the
President may direct the drawdown, without reimbursement by the
recipient, of defense articles from the stocks of the Department of
Defense, defense services of the Department of Defense, and military
education and training, of an aggregate value not to exceed $15,000,000
in fiscal year 1997, as may be necessary to carry out subsection (b).
(b) Such defense articles, services and training may be provided
to Vietnam, Cambodia and Laos, under subsection (a) as the President
determines are necessary to support efforts to locate and repatriate
members of the United States Armed Forces and civilians employed
directly or indirectly by the United States Government who remain
unaccounted for from the Vietnam War, and to ensure the safety of United
States Government personnel engaged in such cooperative efforts and to
support United States Department of Defense-sponsored humanitarian
projects associated with the POW/MIA efforts. Any aircraft shall be
provided under this section only to Laos and only on a lease or loan
basis, but may be provided at no cost notwithstanding section 61 of the
Arms Export Control Act and may be maintained with defense articles,
services and training provided under this section.
(c) The President shall, within sixty days of the end of any
fiscal year in which the authority of subsection (a) is exercised,
submit a report to the Congress which identifies the articles, services,
and training drawn down under this section.
mediterranean excess defense articles
Sec. 535. <<NOTE: 22 USC 2321j note.>> For the four-year period
beginning on October 1, 1996, the President shall ensure that excess
defense articles will be made available under section 516 and 519 of the
Foreign Assistance Act of 1961 consistent with the manner in which the
President made available excess defense articles under those sections
during the four-year period that began on October 1, 1992, pursuant to
section 573(e) of the Foreign Operations, Export Financing, Related
Programs Appropriations Act, 1990.
cash flow financing
Sec. 536. For each country that has been approved for cash flow
financing (as defined in section 25(d) of the Arms Export Control Act,
as added by section 112(b) of Public Law 99-83) under the Foreign
Military Financing Program, any Letter of Offer and Acceptance or other
purchase agreement, or any amendment thereto, for a procurement in
excess of $100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted through the
regular notification procedures to the Committees on Appropriations.
[[Page 110 STAT. 3009-154]]
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 537. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development Foundation
Act. The appropriate agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
impact on jobs in the united states
Sec. 538. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(b) assistance for the purpose of establishing or developing
in a foreign country any export processing zone or designated
area in which the tax, tariff, labor, environment, and safety
laws of that country do not apply, in part or in whole, to
activities carried out within that zone or area, unless the
President determines and certifies that such assistance is not
likely to cause a loss of jobs within the United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this subsection should be commensurate with the
level of development of the recipient country and sector, the
provisions of this subsection shall not preclude assistance for
the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
authority to assist bosnia and herzegovina
Sec. 539. (a) The President is authorized to direct the transfer,
subject to prior notification of the Committees on Appropriations, to
the Government of Bosnia and Herzegovina, without reimbursement, of
defense articles from the stocks of the Department of Defense and
defense services of the Department of Defense of an aggregate value of
not to exceed $100,000,000 in fiscal years 1996 and 1997: Provided, That
the President certifies in a timely fashion to the Congress that the
transfer of such articles would assist that nation in self-defense and
thereby promote the security and stability of the region.
(b) Within 60 days of any transfer under the authority provided in
subsection (a), and every 60 days thereafter, the President shall report
in writing to the Speaker of the House of Representatives
[[Page 110 STAT. 3009-155]]
and the President pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
(c) There are authorized to be appropriated to the President such
sums as may be necessary to reimburse the applicable appropriation,
fund, or account for defense articles provided under this section.
restrictions on the termination of sanctions against serbia and
montenegro
Sec. 540. (a) Restrictions.--Notwithstanding <<NOTE: 50 USC 1701
note.>> any other provision of law, no sanction, prohibition, or
requirement described in section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160), with
respect to Serbia or Montenegro, may cease to be effective, unless--
(1) the President first submits to the Congress a
certification described in subsection (b); and
(2) the requirements of section 1511 of that Act are met.
(b) Certification.--A certification described in this subsection
is a certification that--
(1) there is substantial progress toward--
(A) the realization of a separate identity for
Kosova and the right of the people of Kosova to govern
themselves; or
(B) the creation of an international protectorate
for Kosova;
(2) there is substantial improvement in the human rights
situation in Kosova;
(3) international human rights observers are allowed to
return to Kosova; and
(4) the elected government of Kosova is permitted to meet
and carry out its legitimate mandate as elected representatives
of the people of Kosova.
(c) Waiver Authority.--The President may waive the application in
whole or in part, of subsection (a) if the President certifies to the
Congress that the President has determined that the waiver is necessary
to meet emergency humanitarian needs or to achieve a negotiated
settlement of the conflict in Bosnia and Herzegovina that is acceptable
to the parties.
special authorities
Sec. 541. (a) Funds appropriated in title II of this Act that are
made available for Afghanistan, Lebanon, and Cambodia, and for victims
of war, displaced children, displaced Burmese, humanitarian assistance
for Romania, and humanitarian assistance for the peoples of Bosnia and
Herzegovina, Croatia, and Kosova, may be made available notwithstanding
any other provision of law: Provided, That any such funds that are made
available for Cambodia shall be subject to the provisions of section
531(e) of the Foreign Assistance Act of 1961 and section 906 of the
International Security and Development Cooperation Act of 1985: Provided
further, That none of the funds appropriated by this Act may be made
available for assistance for any country or organization that the
Secretary of State determines is cooperating, tactically or
strategically, with the Khmer Rouge in their military operations, or to
the military of any country that is not acting vigorously to prevent its
members from facilitating the export of timber from
[[Page 110 STAT. 3009-156]]
Cambodia by the Khmer Rouge: Provided further, That the Secretary of
State shall submit a report to the Committees on Appropriations by
February 1, 1997, on whether there are any countries, organizations, or
militaries for which assistance is prohibited under the previous
proviso, the basis for such conclusions and, if appropriate, the steps
being taken to terminate assistance: Provided further, That the
prohibition on assistance to the military of any country that is not
acting vigorously to prevent its members from facilitating the export of
timber from Cambodia by the Khmer Rouge may be waived by the President
if he determines and reports to the Committees on Appropriations that it
is important to the national security interest of the United States to
do so.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and energy programs aimed at reducing
emissions of greenhouse gases, and for the purpose of supporting
biodiversity conservation activities: Provided, That such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) During fiscal year 1997, the President may use up to
$40,000,000 under the authority of section 451 of the Foreign Assistance
Act of 1961, notwithstanding the funding ceiling contained in subsection
(a) of that section.
(d) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 542. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel; and
(2) the President should--
(A) take more concrete steps to encourage vigorously
Arab League countries to renounce publicly the primary
boycotts of Israel and the secondary and tertiary
boycotts of American firms that have commercial
relations with Israel as a confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel when
determining whether to sell weapons to said county;
(C) report to Congress on the specific steps being
taken by the President to bring about a public
renunciation of the Arab primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel; and
(D) encourage the allies and trading partners of the
United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
[[Page 110 STAT. 3009-157]]
anti-narcotics activities
Sec. 543. (a) Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'', assistance may be
provided to strengthen the administration of justice in countries in
Latin America and the Caribbean and in other regions consistent with the
provisions of section 534(b) of the Foreign Assistance Act of 1961,
except that programs to enhance protection of participants in judicial
cases may be conducted notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section may be made
available notwithstanding section 534(c) and the second and third
sentences of section 534(e) of the Foreign Assistance Act of 1961. Funds
made available pursuant to subsection (a) for Bolivia, Colombia and Peru
may be made available notwithstanding section 534(c) and the second
sentence of section 534(e) of the Foreign Assistance Act of 1961.
eligibility for assistance
Sec. 544. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961: Provided, That the
President shall take into consideration, in any case in which a
restriction on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United States: Provided
further, That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental organizations, the
President shall notify the Committees on Appropriations under the
regular notification procedures of those committees, including a
description of the program to be assisted, the assistance to be
provided, and the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed to alter any
existing statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 1997, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided,
That none of the funds appropriated to carry out title I of such Act and
made available pursuant to this subsection may be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act or any comparable provision of law prohibiting assistance to
countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
[[Page 110 STAT. 3009-158]]
earmarks
Sec. 544A. (a) Funds appropriated by this Act which are earmarked
may be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation of any provision of this or any other Act or,
with respect to a country with which the United States has an agreement
providing the United States with base rights or base access in that
country, if the President determines that the recipient for which funds
are earmarked has significantly reduced its military or economic
cooperation with the United States since enactment of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991; however, before exercising the authority of this subsection with
regard to a base rights or base access country which has significantly
reduced its military or economic cooperation with the United States, the
President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any
such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a country or a
significant change in circumstances makes it unlikely that such
earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
ceilings and earmarks
Sec. 545. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so directs.
prohibition on publicity or propaganda
Sec. 546. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of enactment of this Act by the Congress:
Provided, That not to exceed $750,000 may be made available to carry out
the provisions of section 316 of Public Law 96-533.
use of american resources
Sec. 547. To the maximum extent possible, assistance provided
under this Act should make full use of American resources, including
commodities, products, and services.
[[Page 110 STAT. 3009-159]]
prohibition of payments to united nations members
Sec. 548. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance Act of
1961, may be used to pay in whole or in part any assessments,
arrearages, or dues of any member of the United Nations.
consulting services
Sec. 549. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order pursuant to existing law.
private voluntary organizations--documentation
Sec. 550. None of the funds appropriated or made available
pursuant to this Act shall be available to a private voluntary
organization which fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the Agency for
International Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 551. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 40(d) of the Arms Export Control Act. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal military
equipment provided under a contract entered into after the date of
enactment of this Act.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of the
United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees a
report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 552. (a) In General.--Of the funds made available for a
foreign country under part I of the Foreign Assistance Act of 1961, an
amount equivalent to 110 percent of the total unpaid fully adjudicated
parking fines and penalties owed to the District of Columbia by such
country as of the date of enactment of this
[[Page 110 STAT. 3009-160]]
Act shall be withheld from obligation for such country until the
Secretary of State certifies and reports in writing to the appropriate
congressional committees that such fines and penalties are fully paid to
the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on Appropriations
of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 553. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act of 1961 and
that suspension is still in effect: Provided, That if the President
fails to make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the prohibition under
other legislation, funds appropriated by this Act may not be obligated
for assistance for the Palestine Liberation Organization for the West
Bank and Gaza.
export financing transfer authorities
Sec. 554. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 1997 for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
war crimes tribunals
Sec. 555. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct a
drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961, as amended, of up to $25,000,000 of commodities and services for
the United Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish to deal with such
violations, without regard to the ceiling limitation contained in
paragraph (2) thereof: Provided, That the determination required under
this section shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That 60 days after the
date <<NOTE: 22 USC 2656 note.>> of enactment of this Act, and every
180 days thereafter, the Secretary of State shall submit a report to the
Committees on Appropriations describing the steps the United States
Government is taking to collect information regarding allegations of
genocide or other violations
[[Page 110 STAT. 3009-161]]
of international law in the former Yugoslavia and to furnish that
information to the United Nations War Crimes Tribunal for the former
Yugoslavia.
landmines
Sec. 556. Notwithstanding any other provision of law, demining
equipment available to the Agency for International Development and the
Department of State and used in support of the clearing of landmines and
unexploded ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and conditions
as the President may prescribe: Provided, That section 1365(c) of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 22 U.S.C., 2778 note) is amended by striking out ``During the five-
year period beginning on October 23, 1992'' and inserting in lieu
thereof ``During the eight-year period beginning on October 23, 1992''.
restrictions concerning the palestinian authority
Sec. 557. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office of
any department or agency of the United States Government for the purpose
of conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose of conducting
official United States Government business with such authority should
continue to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States Government
may continue to meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian Authority),
have social contacts, and have incidental discussions.
prohibition of payment of certain expenses
Sec. 558. None of the funds appropriated or otherwise made
available by this Act under the heading ``international military
education and training'' or ``foreign military financing program'' for
Informational Program activities may be obligated or expended to pay
for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program trips where students do not stay at a military
installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
humanitarian corridors
Sec. 559. The Foreign Assistance Act of 1961 is amended by adding
immediately after section 620H the following new section:
[[Page 110 STAT. 3009-162]]
``Sec. 620I. <<NOTE: 22 USC 2378-1.>> Prohibition on Assistance to
Countries That Restrict United States Humanitarian Assistance.--
``(a) In general.--No assistance shall be furnished under
this Act or the Arms Export Control Act to any country when it
is made known to the President that the government of such
country prohibits or otherwise restricts, directly or
indirectly, the transport or delivery of United States
humanitarian assistance.
``(b) Exception.--Assistance may be furnished without regard
to the restriction in subsection (a) if the President determines
that to do so is in the national security interest of the United
States.
``(c) Notice.--Prior to making any determination under
subsection (b), the President shall notify the Committee on
International Relations, the Committee on Foreign Relations, and
the Committees on Appropriations of the Senate and House of
Representatives of his intention to make such a determination,
the effective date of the determination, and the reasons for
making the determination.''.
equitable allocation of funds
Sec. 560. Not more than 20 percent of the funds appropriated by
this Act to carry out the provisions of sections 103 through 106 and
chapter 4 of part II of the Foreign Assistance Act of 1961, that are
made available for Latin America and the Caribbean region may be made
available, through bilateral and Latin America and the Caribbean
regional programs, to provide assistance for any country in such region.
purchase of american-made equipment and products
Sec. 561. (a) Sense of Congress.--It is the sense of the Congress
that, to the greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
limitation of funds for north american development bank
Sec. 562. None of the Funds appropriated in this Act under the
heading ``North American Development Bank'' and made available for the
Community Adjustment and Investment Program shall be used for purposes
other than those set out in the binational agreement establishing the
Bank.
international development association
Sec. 563. In order to pay for the United States contribution to
the tenth replenishment of the resources of the International
Development Association authorized in section 526 of Public Law 103-87,
there is authorized to be appropriated, without fiscal year limitation,
$700,000,000 for payment by the Secretary of the Treasury.
[[Page 110 STAT. 3009-163]]
special debt relief for the poorest
Sec. 564. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act under
the heading ``Debt restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961.
authority to engage in debt buybacks or sales
Sec. 565. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as define in section 702(6)
of that Act or on receipt of payment from an
[[Page 110 STAT. 3009-164]]
eligible purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and sustainable use of natural resources
with local community development, and child survival and
other child development, in a manner consistent with
sections 707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation would
not contravene any term or condition of any prior
agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make an adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction,
or cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans satisfactory
to the President for using the loan for the purpose of engaging in debt-
for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act under
the heading ``Debt restructuring''.
liberia
Sec. 566. Funds appropriated by this Act may be made available for
assistance for Liberia notwithstanding section 620(q) of the Foreign
Assistance Act of 1961 and section 512 of this Act.
[[Page 110 STAT. 3009-165]]
guatemala
Sec. 567. (a) Funds provided in this Act may be made available for
the Guatemalan military forces, and the restrictions on Guatemala under
the headings ``International Military Education and Training'' and
``Foreign Military Financing Program'' shall not apply, only if the
President determines and certifies to the Congress that the Guatemalan
military is cooperating fully with efforts to resolve human rights
abuses which elements of the Guatemalan military forces are alleged to
have committed, ordered or attempted to thwart the investigation of, and
with efforts to negotiate a peace settlement.
(b) The prohibition contained in subsection (a) shall not apply to
funds made available to implement a ceasefire or peace agreement.
(c) Any funds made available pursuant to subsections (a) or (b)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(d) Any funds made available pursuant to subsections (a) and (b)
for international military education and training may only be for
expanded international military education and training.
sanctions against countries harboring war criminals
Sec. 568. (a) Bilateral Assistance.--The President is authorized
to withhold funds appropriated by this Act under the Foreign Assistance
Act of 1961 or the Arms Export Control Act for any country described in
subsection (c).
(b) Multilateral Assistance.--The Secretary of the Treasury should
instruct the United States executive directors of the international
financial institutions to work in opposition to, and vote against, any
extension by such institutions of financing or financial or technical
assistance to any country described in subsection (c).
(c) Sanctioned Countries.--A country described in this subsection
is a country the government of which knowingly grants sanctuary to
persons in its territory for the purpose of evading prosecution, where
such persons--
(1) have been indicted by the International Criminal
Tribunal for the former Yugoslavia, the International Criminal
Tribunal for Rwanda, or any other international tribunal with
similar standing under international law, or
(2) have been indicted for war crimes or crimes against
humanity committed during the period beginning March 23, 1933
and ending on May 8, 1945 under the direction of, or in
association with--
(A) the Nazi government of Germany;
(B) any government in any area occupied by the
military forces of the Nazi government of Germany;
(C) any government which was established with the
assistance or cooperation of the Nazi government; or
(D) any government which was an ally of the Nazi government of
Germany.
limitation on assistance for haiti
Sec. 569. (a) Limitation.--None of the funds appropriated or
otherwise made available by this Act, may be provided to the Government
of Haiti until the President reports to Congress that--
[[Page 110 STAT. 3009-166]]
(1) the Government is conducting thorough investigations of
extrajudicial and political killings; and
(2) the Government is cooperating with United States
authorities in the investigations of political and extrajudicial
killings.
(b) Nothing in this section shall be construed to restrict the
provision of humanitarian, development, or electoral assistance.
(c) The President may waive the requirements of this section on a
semiannual basis if he determines and certifies to the appropriate
committees of Congress that it is in the national interest of the United
States.
policy toward burma
Sec. 570. (a) Until such time as the President determines and
certifies to Congress that Burma has made measurable and substantial
progress in improving human rights practices and implementing democratic
government, the following sanctions shall be imposed on Burma:
(1) Bilateral assistance.--There shall be no United States
assistance to the Government of Burma, other than:
(A) humanitarian assistance,
(B) subject to the regular notification procedures
of the Committees on Appropriations, counter-narcotics
assistance under chapter 8 of part I of the Foreign
Assistance Act of 1961, or crop substitution assistance,
if the Secretary of State certifies to the appropriate
congressional committees that--
(i) the Government of Burma is fully
cooperating with United States counter-narcotics
efforts, and
(ii) the programs are fully consistent with
United States human rights concerns in Burma and
serve the United States national interest, and
(C) assistance promoting human rights and democratic
values.
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to vote against any loan or
other utilization of funds of the respective bank to or for
Burma.
(3) Visas.--Except as required by treaty obligations or to
staff the Burmese mission to the United States, the United
States should not grant entry visas to any Burmese government
official.
(b) Conditional Sanctions.--The President is hereby authorized to
prohibit, and shall prohibit United States persons from new investment
in Burma, if the President determines and certifies to Congress that,
after the date of enactment of this Act, the Government of Burma has
physically harmed, rearrested for political acts, or exiled Daw Aung San
Suu Kyi or has committed large-scale repression of or violence against
the Democratic opposition.
(c) Multilateral Strategy.--The President shall seek to develop,
in coordination with members of ASEAN and other countries having major
trading and investment interests in Burma, a comprehensive, multilateral
strategy to bring democracy to and improve human rights practices and
the quality of life in Burma, including the development of a dialogue
between the State Law
[[Page 110 STAT. 3009-167]]
and Order Restoration Council (SLORC) and democratic opposition groups
within Burma.
(d) Presidential Reports.--Every six months following the
enactment of this Act, the President shall report to the Chairmen of the
Committee on Foreign Relations, the Committee on International Relations
and the House and Senate Appropriations Committees on the following:
(1) progress toward democratization in Burma;
(2) progress on improving the quality of life of the Burmese
people, including progress on market reforms, living standards,
labor standards, use of forced labor in the tourism industry,
and environmental quality; and
(3) progress made in developing the strategy referred to in
subsection (c).
(e) Waiver Authority.--The President shall have the authority to
waive, temporarily or permanently, any sanction referred to in
subsection (a) or subsection (b) if he determines and certifies to
Congress that the application of such sanction would be contrary to the
national security interests of the United States.
(f) Definitions.--
(1) The term ``international financial institutions'' shall
include the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, the Asian Development Bank, and the
International Monetary Fund.
(2) The term ``new investment'' shall mean any of the
following activities if such an activity is undertaken pursuant
to an agreement, or pursuant to the exercise of rights under
such an agreement, that is entered into with the Government of
Burma or a nongovernmental entity in Burma, on or after the date
of the certification under subsection (b):
(A) the entry into a contract that includes the
economical development of resources located in Burma, or
the entry into a contract providing for the general
supervision and guarantee of another person's
performance of such a contract;
(B) the purchase of a share of ownership, including
an equity interest, in that development;
(C) the entry into a contract providing for the
participation in royalties, earnings, or profits in that
development, without regard to the form of the
participation:
Provided, That the term ``new investment'' does not include the
entry into, performance of, or financing of a contract to sell
or purchase goods, services, or technology.
report regarding hong kong
Sec. 571. <<NOTE: 22 USC 5731 note.>> In light of the
deficiencies in reports submitted to the Congress pursuant to section
301 of the United States-Hong Kong Policy Act (22 U.S.C. 5731), the
Congress directs that the additional report required to be submitted
during 1997 under such section include detailed information on the
status of, and other developments affecting, implementation of the Sino-
British Joint Declaration on the Question of Hong King, including--
(1) the Basic Law and its consistency with the Joint
Declaration;
[[Page 110 STAT. 3009-168]]
(2) Beijing's plans to replace the elected legislature with
an appointed body;
(3) the openness and fairness of the election of the chief
executive and the executive's accountability to the legislature;
(4) the treatment of political parties;
(5) the independence of the Judiciary and its ability to
exercise the power of final judgment over Hong Kong law; and
(6) the Bill of Rights.
use of funds for purchase of products not made in america
Sec. 572. The Administrator of the Agency for International
Development shall provide a report to the appropriate committees of the
Congress on the ability of the United States Government to implement a
provision of law (and on the foreign policy implications of such a
provision of law) which would require that United States funds could be
made available to the government of a foreign country for the purchase
of any equipment or products only if such purchases were to occur in
such foreign country or the United States, and substantially similar
equipment and products were made in the United States and available for
purchase at a price that is not more than 10 percent higher than that in
other countries.
conflict in chechnya
Sec. 573. The Secretary of State shall provide to the Committees
on Appropriations no later than 30 days from the date of enactment of
this Act a detailed report on actions undertaken by the United States
Government to resolve the conflict in Chechnya.
extension of certain adjudication provisions
Sec. 575. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1996''
and inserting ``1996, and 1997''; and
(B) in subsection (e), by striking out ``October 1,
1996'' each place it appears and inserting ``October 1,
1997''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ``September 30, 1996'' and inserting
``September 30, 1997''.
transparency of budgets
Sec. 576. (a) Limitation.--Beginning <<NOTE: 22 USC 262k-
1.>> three years after the date of the enactment of this Act, the
Secretary of the Treasury shall instruct the United States Executive
Director of each international financial institution to use the voice
and vote of the United States to oppose any loan or other utilization of
the funds of their respective institution, other than to address basic
human needs, for the government of any country which the Secretary of
the Treasury determines--
[[Page 110 STAT. 3009-169]]
(1) does not have in place a functioning system for a
civilian audit of all receipts and expenditures that fund
activities of the armed forces and security forces;
(2) has not provided a summary of a current audit to the
institution.
(b) Definition.--For purposes of this section, the term
``international financial institution'' shall include the institutions
identified in section 532(b) of this Act.
guarantees
Sec. 577. Section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of <<NOTE: 2 USC 901.>> 1985 is amended
by striking ``fiscal year 1994 and 1995'' and inserting in lieu thereof
``fiscal years 1994, 1995, and 1997'' in both places that this appears.
information on cooperation with united states anti-terrorism efforts in
annual country reports on terrorism
Sec. 578. Section 140 of the Foreign Relations Authorization Act,
fiscal years 1988 and 1989 (22 U.S.C. 2656f) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting a semicolon; and
(C) by adding at the end the following:
``(3) with respect to each foreign country from which the
United States Government has sought cooperation during the
previous five years in the investigation or prosecution of an
act of international terrorism against United States citizens or
interests, information on--
``(A) the extent to which the government of the
foreign country is cooperating with the United States
Government in apprehending, convicting, and punishing
the individual or individuals responsible for the act;
and
``(B) the extent to which the government of the
foreign country is cooperating in preventing further
acts of terrorism against United States citizens in the
foreign country; and
``(4) with respect to each foreign country from which the
United States Government has sought cooperation during the
previous five years in the prevention of an act of international
terrorism against such citizens or interests, the information
described in paragraph (3)(B).''; and
(2) in subsection (c)--
(A) by striking ``The report'' and inserting ``(1)
Except as provided in paragraph (2), the report'';
(B) by indenting the margin of paragraph (1) as so
designated, 2 ems; and
(C) by adding at the end the following:
``(2) If the Secretary of State determines that the
transmittal of the information with respect to a foreign country
under paragraph (3) or (4) of subsection (a) in classified form
would make more likely the cooperation of the government of the
foreign country as specified in such paragraph, the Secretary
may transmit the information under such paragraph in classified
form.''.
[[Page 110 STAT. 3009-170]]
female genital mutilation
Sec. 579. <<NOTE: 22 USC 262k-2.>> (a) Limitation.--Beginning 1
year after the date of the enactment of this Act, the Secretary of the
Treasury shall instruct the United States Executive Director of each
international financial institution to use the voice and vote of the
United States to oppose any loan or other utilization of the funds of
their respective institution, other than to address basic human needs,
for the government of any country which the Secretary of the Treasury
determines--
(1) has, as a cultural custom, a known history of the
practice of female genital mutilation; and
(2) has not taken steps to implement educational programs
designed to prevent the practice of female genital mutilation.
(b) Definition.--For purposes of this section, the term
``international financial institution'' shall include the institutions
identified in section 532(b) of this Act.
requirement for disclosure of foreign aid in report of secretary of
state
Sec. 580. (a) Foreign Aid Reporting Requirement. <<NOTE: 22 USC
2414a note.>> --In addition to the voting practices of a foreign
country, the report required to be submitted to Congress under section
406(a) of the Foreign Relations Authorization Act, fiscal years 1990 and
1991 (22 U.S.C. 2414a), shall include a side-by-side comparison of
individual countries' overall support for the United States at the
United Nations and the amount of United States assistance provided to
such country in fiscal year 1996.
(b) United States Assistance.--For purposes of this section, the
term ``United States assistance'' has the meaning given the term in
section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)(4)).
restrictions on voluntary contributions to united nations agencies
Sec. 581. (a) Prohibition on Voluntary Contributions for the
United Nations.--None of the funds appropriated or otherwise made
available by this Act may be made available to pay any voluntary
contribution of the United States to the United Nations (including the
United Nations Development Program if the United Nations implements or
imposes any taxation on any United States persons.
(b) Certification Required for Disbursement of Funds.--None of the
funds appropriated or otherwise made available under this Act may be
made available to pay any voluntary contribution of the United States to
the United Nations (including the United Nations Development Program)
unless the President certifies to the Congress 15 days in advance of
such payment that the United Nations is not engaged in any effort to
implement or impose any taxation on United States persons in order to
raise revenue for the United Nations or any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United States
person'' refers to--
(1) a natural person who is a citizen or national of the
United States; or
[[Page 110 STAT. 3009-171]]
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.
haiti
Sec. 582. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.), for the civilian-led Haitian National Police and
Coast Guard: Provided, That the authority provided by this section shall
be subject to the regular notification procedures of the Committees on
Appropriations.
refugee status for adult children of former vietnamese reeducation camp
internees resettled under the orderly departure program
Sec. 584. (a) Eligibility for Orderly Departure Program.--For
purposes of eligibility for the Orderly Departure Program for nationals
of Vietnam, during fiscal year 1997, an alien described in subsection
(b) shall be considered to be a refugee of special humanitarian concern
to the United States within the meaning of section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) and shall be admitted to
the United States for resettlement if the alien would be admissible as
an immigrant under the Immigration and Nationality Act (except as
provided in section 207(c)(3) of that Act).
(b) Aliens Covered.--An alien described in this subsection is an
alien who--
(1) is the son or daughter of a national of Vietnam who--
(A) was formerly interned in a reeducation camp in
Vietnam by the Government of the Socialist Republic of
Vietnam; and
(B) has been accepted for resettlement as a refugee
under the Orderly Departure Program on or after April 1,
1995;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly Departure
Program.
(c) Supersedes Existing Law.--This section supersedes any other
provision of law.
north korea
Sec. 585. <<NOTE: 22 USC 2656 note.>> Ninety days after the date
of enactment of this Act, and every 180 days thereafter, the Secretary
of State, in consultation with the Secretary of Defense, shall provide a
report in a classified or unclassified form to the Committee on
Appropriations including the following information:
(a) a best estimate on fuel used by the military forces of
the Democratic People's Republic of Korea (DPRK);
(b) the deployment position and military training and
activities of the DPRK forces and best estimate of the
associated costs of these activities;
(c) steps taken to reduce the DPRK level of forces; and
(d) cooperation, training, or exchanges of information,
technology or personnel between the DPRK and any other nation
[[Page 110 STAT. 3009-172]]
supporting the development or deployment of a ballistic missile
capability.
limitation on assistance to mexico
Sec. 587. Not less than $2,500,000 of the funds appropriated or
otherwise made available by this Act for the Government of Mexico shall
be withheld from obligation until the President has determined and
reported to Congress that--
(1) the Government of Mexico is taking actions to reduce the
amount of illegal drugs entering the United States from Mexico;
and
(2) the Government of Mexico--
(A) is taking effective actions to apply vigorously
all law enforcement resources to investigate, track,
capture, incarcerate, and prosecute individuals
controlling, supervising, or managing international
narcotics cartels or other similar entities and the
accomplices of such individuals, individuals responsible
for, or otherwise involved in, corruption, and
individuals involved in money-laundering;
(B) is pursuing international anti-drug trafficking
initiatives;
(C) is cooperating fully with international efforts
at narcotics interdiction; and
(D) is cooperating fully with requests by the United
States for assistance in investigations of money-
laundering violations and is making progress toward
implementation of effective laws to prohibit money-
laundering.
limitation of assistance to turkey
Sec. 588. Not more than $22,000,000 of the funds appropriated in
this Act under the heading ``Economic Support Fund'' may be made
available to the Government of Turkey.
civil liability for acts of state sponsored terrorism
Sec. 589. (a) an official, employee, or agent of a <<NOTE: 28 USC
1605 note.>> foreign state designated as a state sponsor of terrorism
designated under section 6(j) of the Export Administration Act of 1979
while acting within the scope of his or her office, employment, or
agency shall be liable to a United States national or the national's
legal representative for personal injury or death caused by acts of that
official, employee, or agent for which the courts of the United States
may maintain jurisdiction under section 1605(a)(7) of title 28, United
States Code, for money damages which may include economic damages,
solatium, pain, and suffering, and punitive damages if the acts were
among those described in section 1605(a)(7).
(b) Provisions related to statute of limitations and limitations
on discovery that would apply to an action brought under 28 U.S.C.
1605(f) and (g) shall also apply to actions brought under this section.
No action shall be maintained under this action if an official,
employee, or agent of the United States, while acting within the scope
of his or her office, employment, or agency would not be liable for such
acts if carried out within the United States.
Titles I through V of this Act may be <<NOTE: Short title.>> cited
as the ``Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997''.
[[Page 110 STAT. 3009-173]]
TITLE VI--NATO ENLARGEMENT <<NOTE: NATO Enlargement Facilitation Act of
1996. 22 USC 1928 note.>> FACILITATION ACT OF 1996
SEC. 601. SHORT TITLE.
This title may be cited as the ``NATO Enlargement Facilitation Act
of 1996''.
SEC. 602. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Organization
(NATO) has played an essential role in guaranteeing the
security, freedom, and prosperity of the United States and its
partners in the Alliance.
(2) The NATO Alliance is, and has been since its inception,
purely defensive in character, and it poses no threat to any
nation. The enlargement of the NATO Alliance to include as full
and equal members emerging democracies in Central and Eastern
Europe will serve to reinforce stability and security in Europe
by fostering their integration into the structures which have
created and sustained peace in Europe since 1945. Their
admission into NATO will not threaten any nation. America's
security, freedom, and prosperity remain linked to the security
of the countries of Europe.
(3) The sustained commitment of the member countries of NATO
to a mutual defense has made possible the democratic
transformation of Central and Eastern Europe. Members of the
Alliance can and should play a critical role in addressing the
security challenges of the post-Cold War era and in creating the
stable environment needed for those emerging democracies in
Central and Eastern Europe to successfully complete political
and economic transformation.
(4) The United States continues to regard the political
independence and territorial integrity of all emerging
democracies in Central and Eastern Europe as vital to European
peace and security.
(5) The active involvement by the countries of Central and
Eastern Europe has made the Partnership for Peace program an
important forum to foster cooperation between NATO and those
countries seeking NATO membership.
(6) NATO has enlarged its membership on 3 different
occasions since 1949.
(7) Congress supports the admission of qualified new members
to NATO and the European Union at an early date and has sought
to facilitate the admission of qualified new members into NATO.
(8) Lasting security and stability in Europe requires not
only the military integration of emerging democracies in Central
and Eastern Europe into existing European structures, but also
the eventual economic and political integration of these
countries into existing European structures.
(9) As new members of NATO assume the responsibilities of
Alliance membership, the costs of maintaining stability in
Europe should be shared more widely. Facilitation of the
enlargement process will require current members of NATO, and
the United States in particular, to demonstrate the political
will needed to build on successful ongoing programs such as the
Warsaw Initiative and the Partnership for Peace by making
[[Page 110 STAT. 3009-174]]
available the resources necessary to supplement efforts
prospective new members are themselves undertaking.
(10) New members will be full members of the Alliance,
enjoying all rights and assuming all the obligations under the
North Atlantic Treaty, signed at Washington on April 4, 1949
(hereafter in this Act referred to as the ``Washington
Treaty'').
(11) In order to assist emerging democracies in Central and
Eastern Europe that have expressed interest in joining NATO to
be prepared to assume the responsibilities of NATO membership,
the United States should encourage and support efforts by such
countries to develop force structures and force modernization
priorities that will enable such countries to contribute to the
full range of NATO missions, including, most importantly,
territorial defense of the Alliance.
(12) Cooperative regional peacekeeping initiatives involving
emerging democracies in Central and Eastern Europe that have
expressed interest in joining NATO, such as the Baltic
Peacekeeping Battalion, the Polish-Lithuanian Joint Peacekeeping
Force, and the Polish-Ukrainian Peacekeeping Force, can make an
important contribution to European peace and security and
international peacekeeping efforts, can assist those countries
preparing to assume the responsibilities of possible NATO
membership, and accordingly should receive appropriate support
from the United States.
(13) NATO remains the only multilateral security
organization capable of conducting effective military operations
and preserving security and stability of the Euro-Atlantic
region.
(14) NATO is an important diplomatic forum and has played a
positive role in defusing tensions between members of the
Alliance and, as a result, no military action has occurred
between two Alliance member states since the inception of NATO
in 1949.
(15) The admission to NATO of emerging democracies in
Central and Eastern Europe which are found to be in a position
to further the principles of the Washington Treaty would
contribute to international peace and enhance the security of
the region. Countries which have become democracies and
established market economies, which practice good neighborly
relations, and which have established effective democratic
civilian control over their defense establishments and attained
a degree of interoperability with NATO, should be evaluated for
their potential to further the principles of the Washington
Treaty.
(16) Democratic civilian control of defense forces is an
essential element in the process of preparation for those states
interested in possible NATO membership.
(17) Protection and promotion of fundamental freedoms and
human rights is an integral aspect of genuine security, and in
evaluating requests for membership in NATO, the human rights
records of the emerging democracies in Central and Eastern
Europe should be evaluated according to their commitments to
fulfill in good faith the human rights obligations of the
Charter of the United Nations, the principles of the Universal
Declaration on Human Rights, and the Helsinki Final Act.
(18) A number of Central and Eastern European countries have
expressed interest in NATO membership, and have taken
[[Page 110 STAT. 3009-175]]
concrete steps to demonstrate this commitment, including their
participation in Partnership for Peace activities.
(19) The Caucasus region remains important geographically
and politically to the future security of Central Europe. As
NATO proceeds with the process of enlargement, the United States
and NATO should continue to examine means to strengthen the
sovereignty and enhance the security of United Nations
recognized countries in that region.
(20) In recognition that not all countries which have
requested membership in NATO will necessarily qualify at the
same pace, the accession date for each new member will vary.
(21) The provision of additional NATO transition assistance
should include those emerging democracies most ready for closer
ties with NATO and should be designed to assist other countries
meeting specified criteria of eligibility to move forward toward
eventual NATO membership.
(22) The Congress of the United States finds in particular
that Poland, Hungary, and the Czech Republic have made
significant progress toward achieving the criteria set forth in
section 203(d)(3) of the NATO Participation Act of 1994 and
should be eligible for the additional assistance described in
this Act.
(23) The evaluation of future membership in NATO for
emerging democracies in Central and Eastern Europe should be
based on the progress of those nations in meeting criteria for
NATO membership, which require enhancement of NATO's security
and the approval of all NATO members.
(24) The process of NATO enlargement entails the consensus
agreement of the governments of all 16 NATO members and
ratification in accordance with their constitutional procedures.
(25) Some NATO members, such as Spain and Norway, do not
allow the deployment of nuclear weapons on their territory
although they are accorded the full collective security
guarantees provided by Article 5 of the Washington Treaty. There
is no a priori requirement for the stationing of nuclear weapons
on the territory of new NATO members, particularly in the
current security climate. However, NATO retains the right to
alter its security posture at any time as circumstances warrant.
SEC. 603. UNITED STATES POLICY.
It is the policy of the United States--
(1) to join with the NATO allies of the United States to
adapt the role of the NATO Alliance in the post-Cold War world;
(2) to actively assist the emerging democracies in Central
and Eastern Europe in their transition so that such countries
may eventually qualify for NATO membership;
(3) to support the enlargement of NATO in recognition that
enlargement will benefit the interests of the United States and
the Alliance and to consider these benefits in any analysis of
the costs of NATO enlargement;
(4) to ensure that all countries in Central and Eastern
Europe are fully aware of and capable of assuming the costs
[[Page 110 STAT. 3009-176]]
and responsibilities of NATO membership, including the
obligation set forth in Article 10 of the Washington Treaty that
new members be able to contribute to the security of the North
Atlantic area; and
(5) to work to define a constructive and cooperative
political and security relationship between an enlarged NATO and
the Russian Federation.
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to promote economic
stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania,
Bulgaria, Albania, Moldova, and Ukraine--
(1) the United States should continue and expand its support
for the full and active participation of these countries in
activities appropriate for qualifying for NATO membership;
(2) the United States Government should use all diplomatic
means available to press the European Union to admit as soon as
possible any country which qualifies for membership;
(3) the United States Government and the North Atlantic
Treaty Organization should continue and expand their support for
military exercises and peacekeeping initiatives between and
among these nations, nations of the North Atlantic Treaty
Organization, and Russia; and
(4) the process of enlarging NATO to include emerging
democracies in Central and Eastern Europe should not be limited
to consideration of admitting Poland, Hungary, the Czech
Republic, and Slovenia as full members of the NATO Alliance.
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND LITHUANIA.
In view of the forcible incorporation of Estonia, Latvia,
Lithuania into the Soviet Union in 1940 under the Molotov-Ribbentrop
Pact and the refusal of the United States and other countries to
recognize that incorporation for over 50 years, it is the sense of the
Congress that--
(1) Estonia, Latvia, and Lithuania have valid historical
security concerns that must be taken into account by the United
States; and
(2) Estonia, Latvia, and Lithuania should not be
disadvantaged in seeking to join NATO by virtue of their
forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--The following countries are designated as
eligible to receive assistance under the program established under
section 203(a) of the NATO Participation Act of 1994 and shall be deemed
to have been so designated pursuant to section 203(d)(1) of such Act:
Poland, Hungary, and the Czech Republic.
(b) Designation of Slovenia.--Effective 90 days after the date of
enactment of this Act, Slovenia is designated as eligible to receive
assistance under the program established under section 203(a) of the
NATO Participation Act of 1994, and shall be deemed to have been so
designated pursuant to section 203(d) of such Act, unless the President
certifies to Congress prior to such effective date that Slovenia fails
to meet the criteria under section 203(d)(3) of such Act.
[[Page 110 STAT. 3009-177]]
(c) Designation of Other Countries.--The President shall designate
other emerging democracies in Central and Eastern Europe as eligible to
receive assistance under the program established under section 203(a) of
such Act if such countries--
(1) have expressed a clear desire to join NATO;
(2) have begun an individualized dialogue with NATO in
preparation for accession;
(3) are strategically significant to an effective NATO
defense; and
(4) meet the other criteria outlined in section 203(d)(3) of
the NATO Participation Act of 1994 (title II of Public Law 103-
447; 22 U.S.C. 1928 note).
(d) Rule of Construction.--Nothing in this section precludes the
designation by the President of Estonia, Latvia, Lithuania, Romania,
Slovakia, Bulgaria, Albania, Moldova, Ukraine, or any other emerging
democracy in Central and Eastern Europe pursuant to section 203(d) of
the NATO Participation Act of 1994 as eligible to receive assistance
under the program established under section 203(a) of such Act.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 1997 for the program established under
section 203(a) of the NATO Participation Act of 1994.
(b) Availability.--Of the funds authorized to be appropriated by
subsection (a)--
(1) not less than $20,000,000 shall be available for the
cost, as defined in section 502(5) of the Credit Reform Act of
1990, of direct loans pursuant to the authority of section
203(c)(4) of the NATO Participation Act of 1994 (relating to the
``Foreign Military Financing Program'');
(2) not less than $30,000,000 shall be available for
assistance on a grant basis pursuant to the authority of section
203(c)(4) of the NATO Participation Act of 1994 (relating to the
``Foreign Military Financing Program''); and
(3) not more than $10,000,000 shall be available for
assistance pursuant to the authority of section 203(c)(3) of the
NATO Participation Act of 1994 (relating to international
military education and training).
(c) Rule of Construction.--Amounts authorized to be appropriated
under this section are authorized to be appropriated in addition to such
amounts as otherwise may be available for such purposes.
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE
INFORMATION MANAGEMENT SYSTEM.
(a) In General.--To the extent provided in advance in
appropriations acts for such purposes, funds described in subsection (b)
are authorized to be made available to support the implementation of the
Regional Airspace Initiative and the Partnership for Peace Information
Management System, including--
(1) the procurement of items in support of these programs;
and
(2) the transfer of such items to countries participating in
these programs.
(b) Funds Described.--Funds described in this subsection are funds
that are available--
[[Page 110 STAT. 3009-178]]
(1) during any fiscal year under the NATO Participation Act
of 1994 with respect to countries eligible for assistance under
that Act; or
(2) during fiscal year 1997 under any Act to carry out the
Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES.
(a) Priority Delivery.--Notwithstanding any other provision of
law, the delivery of excess defense articles under the authority of
section 203(c) (1) and (2) of the NATO Participation Act of 1994 and
section 516 of the Foreign Assistance Act of 1961 shall be given
priority to the maximum extent feasible over the delivery of such excess
defense articles to all other countries except those countries referred
to in section 541 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat.
1640).
(b) Cooperative Regional Peacekeeping Initiatives.--The Congress
encourages the President to provide excess defense articles and other
appropriate assistance to cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern Europe that have
expressed an interest in joining NATO in order to enhance their ability
to contribute to European peace and security and international
peacekeeping efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United States to modernize
the defense capability of Poland, Hungary, the Czech Republic, Slovenia,
and any other countries designated by the President pursuant to section
203(d) of the NATO Participation Act of 1994, by exploring with such
countries options for the sale or lease to such countries of weapons
systems compatible with those used by NATO members, including air
defense systems, advanced fighter aircraft, and telecommunications
infrastructure.
SEC. 611. TERMINATION OF ELIGIBILITY.
(a) Termination of Eligibility.--The eligibility of a country
designated pursuant to subsection (a) or (b) of section 606 or pursuant
to section 203(d) of the NATO Participation Act of 1994 may be
terminated upon a determination by the President that such country does
not meet the criteria set forth in section 203(d)(3) of the NATO
Participation Act of 1994.
(b) Notification.--At least 15 days before terminating the
eligibility of any country pursuant to subsection (a), the President
shall notify the congressional committees specified in section 634A of
the Foreign Assistance Act of 1961 in accordance with the procedures
applicable to reprogramming notifications under that section.
SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT.
The NATO Participation Act of 1994 (title II of Public Law 103-
447; 22 U.S.C. 1928 note) is amended in sections 203(a), 203(d)(1), and
203(d)(2) by striking ``countries emerging from communist domination''
each place it appears and inserting ``emerging democracies in Central
and Eastern Europe''.
[[Page 110 STAT. 3009-179]]
TITLE VII--MIDDLE <<NOTE: Bank for Economic Cooperation and Development
in the Middle East and North Africa Act. 22 USC 290o note 22 USC
290o.>> EAST DEVELOPMENT BANK
SEC. 701. SHORT TITLE.
This title may be cited as the ``Bank for Economic Cooperation and
Development in the Middle East and North Africa Act''.
SEC. 702. ACCEPTANCE OF MEMBERSHIP.
The President is hereby authorized to accept membership for the
United States in the Bank for Economic Cooperation and Development in
the Middle East and North Africa (in this title referred to as the
``Bank'') provided for by the agreement establishing the Bank (in this
title referred to as the ``Agreement''), signed on May 31, 1996.
SEC. 703. <<NOTE: 22 USC 290o-1.>> GOVERNOR AND ALTERNATE GOVERNOR.
(a) Appointment.--At the inaugural meeting of the Board of
Governors of the Bank, the Governor and the alternate for the Governor
of the International Bank for Reconstruction and Development, appointed
pursuant to section 3 of the Bretton Woods Agreements Act, shall serve
ex-officio as a Governor and the alternate for the Governor,
respectively, of the Bank. The President, by and with the advice and
consent of the Senate, shall appoint a Governor of the Bank and an
alternate for the Governor.
(b) Compensation.--Any person who serves as a governor of the Bank
or as an alternate for the Governor may not receive any salary or other
compensation from the United States by reason of such service.
SEC. 704. <<NOTE: 22 USC 290o-2.>> APPLICABILITY OF CERTAIN PROVISIONS
OF THE BRETTON WOODS AGREEMENTS ACT.
Section 4 of the Bretton Woods Agreements Act shall apply to the
Bank in the same manner in which such section applies to the
International Bank for Reconstruction and Development and the
International Monetary Fund.
SEC. 705. <<NOTE: 22 USC 290o-3.>> FEDERAL RESERVE BANKS AS
DEPOSITORIES.
Any Federal Reserve Bank which is requested to do so by the Bank
may act as its depository, or as its fiscal agent, and the Board of
Governors of the Federal Reserve System shall exercise general
supervision over the carrying out of these functions.
SEC. 706. <<NOTE: 22 USC 290o-4.>> SUBSCRIPTION OF STOCK.
(a) Subscription Authority.--
(1) In general.--The Secretary of the Treasury may subscribe
on behalf of the United States to not more than 7,011,270 shares
of the capital stock of the Bank.
(2) Effectiveness of subscription commitment.--Any
commitment to make such subscription shall be effective only to
such extent or in such amounts as are provided for in advance by
appropriations Acts.
(b) Limitations on Authorization of Appropriations.--For payment
by the Secretary of the Treasury of the subscription of the United
States for shares described in subsection (a), there are authorized to
be appropriated $1,050,007,800 without fiscal year limitation.
(c) Limitations on Obligation of Appropriated Amounts for Shares
of Capital Stock.--
(1) Paid-in capital stock.--
[[Page 110 STAT. 3009-180]]
(A) In general.--Not more than $105,000,000 of the
amounts appropriated pursuant to subsection (b) may be
obligated for subscription to shares of paid-in capital
stock.
(B) Fiscal year 1997.--Not more than $52,500,000 of
the amounts appropriated pursuant to subsection (b) for
fiscal year 1997 may be obligated for subscription to
shares of paid-in capital stock.
(2) Callable capital stock.--Not more than $787,505,852 of
the amounts appropriated pursuant
to subsection (b) may be obligated for subscription to shares of
callable capital stock.
(d) Disposition of Net Income Distributions by the Bank.--Any
payment made to the United States by the Bank as a distribution of net
income shall be covered into the Treasury as a miscellaneous receipt.
SEC. 707. JURISDICTION AND VENUE OF CIVIL <<NOTE: 22 USC 290o-5.>>
ACTIONS BY OR AGAINST THE BANK.
(a) Jurisdiction.--The United States district courts shall have
original and exclusive jurisdiction of any civil action brought in the
United States by or against the Bank.
(b) Venue.--For purposes of section 1391(b) of title 28, United
States Code, the Bank shall be deemed to be a resident of the judicial
district in which the principal office of the Bank in the United States,
or its agent appointed for the purpose of accepting service or notice of
service, is located.
SEC. 708. EFFECTIVENESS OF <<NOTE: 22 USC 290o-6.>> AGREEMENT.
The Agreement shall have full force and effect in the United
States, its territories and possessions, and the Commonwealth of Puerto
Rico, upon acceptance of membership by the United States in the Bank and
the entry into force of the Agreement.
SEC. 709. EXEMPTION FROM SECURITIES LAWS <<NOTE: 22 USC 290o-7.>> FOR
CERTAIN SECURITIES ISSUED BY THE BANK; REPORTS REQUIRED.
(a) Exemption from Securities Laws; Reports to Securities and
Exchange Commission.--Any securities issued by the Bank (including any
guaranty by the Bank, whether or not limited in scope) in connection
with borrowing of funds, or the guarantee of securities as to both
principal and interest, shall be deemed to be exempted securities within
the meaning of section 3(a)(2) of the Securities Act of 1933 and section
3(a)(12) of the Securities Exchange Act of 1934. The Bank shall file
with the Securities and Exchange Commission such annual and other
reports with regard to such securities as the Commission shall determine
to be appropriate in view of the special character of the Bank and its
operations and necessary in the public interest or for the protection of
investors.
(b) Authority of Securities and Exchange Commission to Suspend
Exemption; Reports to the Congress.--The Securities and Exchange
Commission, acting in consultation with such agency or officer as the
President shall designate, may suspend the provisions of subsection (a)
at any time as to any or all securities issued or guaranteed by the Bank
during the period of such suspension. The Commission shall include in
its annual reports to the Congress
such information as it shall deem advisable with regard to the
operations and effect of this section.
[[Page 110 STAT. 3009-181]]
SEC. 710. TECHNICAL AMENDMENTS.
(a) Annual Report Required on Participation of the United States
in the Bank.--Section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)) is amended by inserting ``Bank
for Economic Cooperation and Development in the Middle East and North
Africa,'' after ``Inter-American Development Bank''.
(b) Exemption from Limitations and Restrictions on Power of
National, Banking Associations To Deal in and Underwrite Investment
Securities of the Bank.--The seventh sentence of paragraph 7 of section
5136 of the Revised Statutes of the United States (12 U.S.C. 24) is
amended by inserting ``Bank for Economic Cooperation and Development in
the Middle East and North Africa,'' after ``the Inter-American
Development Bank''.
(c) Benefits for United States Citizen-Representatives to the
Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2) is amended by
inserting ``the Bank for Economic Cooperation and Development in the
Middle East and North Africa,'' after ``the Inter-American Development
Bank,''.
(d) For programs, projects or activities in the Department of the
Interior and Related Agencies Appropriations Act, 1997, provided as
follows, to be effective as if it had been enacted into law as the
regular appropriations Act:
AN ACT <<NOTE: Department of the Interior and Related Agencies
Appropriations Act, 1997.>>
Making appropriations for the Department of the Interior, and related
agencies for the fiscal year ending September 30, 1997, and for other
purposes.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to Public Law 96-487 (16 U.S.C. 3150(a)), $572,164,000, to remain
available until expended, of which $2,010,000 shall be available for
assessment of the mineral potential of public lands in Alaska pursuant
to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of which
$3,000,000 shall be derived from the special receipt account established
by the Land and Water Conservation Act of 1965, as amended (16 U.S.C.
460l-6a(i)); and of which $1,000,000 shall be available in fiscal year
1997 subject to a match by at least an equal amount by the National Fish
and Wildlife Foundation, to such Foundation for challenge cost share
projects supporting fish and wildlife conservation affecting Bureau
lands; in addition, $27,300,000 for Mining Law Administration program
operations, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from annual
mining claim fees so as to result
[[Page 110 STAT. 3009-182]]
in a final appropriation estimated at not more than $572,164,000; and in
addition, not to exceed $5,000,000, to remain available until expended,
from annual mining claim fees; which shall be credited to this account
for the costs of administering the mining claim fee program, and
$2,000,000 from communication site rental fees established by the Bureau
for the cost of administering communication site activities: Provided,
That appropriations herein made shall not be available for the
destruction of healthy, unadopted, wild horses and burros in the care of
the Bureau or its contractors: Provided further, That in fiscal year
1997 and thereafter, <<NOTE: 43 USC 1734a.>> all fees, excluding mining
claim fees, in excess of the fiscal year 1996 collections established by
the Secretary of the Interior under the authority of 43 U.S.C. 1734 for
processing, recording, or documenting authorizations to use public lands
or public land natural resources (including cultural, historical, and
mineral) and for providing specific services to public land users, and
which are not presently being covered into any Bureau of Land Management
appropriation accounts, and not otherwise dedicated by law for a
specific distribution, shall be made immediately available for program
operations in this account and remain available until expended.
wildland fire management
For necessary expenses for fire use and management, fire
preparedness, suppression operations, and emergency rehabilitation by
the Department of the Interior, $252,042,000, to remain available until
expended, of which not to exceed $5,025,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without costs from funds available from this
appropriation: Provided further, That unobligated balances of amounts
previously appropriated to the ``Fire Protection'' and ``Emergency
Department of the Interior Firefighting Fund'' may be transferred to
this appropriation.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$12,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to sections 107 or
113(f) of such Act, shall be credited to this account to be available
until expended without further appropriation: Provided further, That
such sums recovered from or paid by any party are not limited to
monetary payments and may include stocks, bonds or other personal or
real property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
[[Page 110 STAT. 3009-183]]
construction
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $4,333,000, to remain available until
expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-07), $113,500,000, of which not to exceed
$400,000 shall be available for administrative expenses.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579 including administrative expenses and acquisition of
lands or waters, or interests therein, $10,410,000, to be derived from
the Land and Water Conservation Fund, to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing
connecting roads on or adjacent to such grant lands; $100,515,000, to
remain available until expended: Provided, That 25 per centum of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per centum
of all moneys received during the prior fiscal year under sections 3 and
15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $9,113,000, to remain
available until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies
[[Page 110 STAT. 3009-184]]
of official public land documents, for monitoring construction,
operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such amounts
as may be collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of <<NOTE: 43 USC 1735
note.>> section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any
moneys that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the authority of
this Act by the Secretary to improve, protect, or rehabilitate any
public lands administered through the Bureau of Land Management which
have been damaged by the action of a resource developer, purchaser,
permittee, or any unauthorized person, without regard to whether all
moneys collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any such moneys
that are in excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly-produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards.
The Bureau of Land Management's Visitor Center in Rand, Oregon is
hereby named the ``William B. Smullin Visitor Center''.
[[Page 110 STAT. 3009-185]]
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and utilization of
fishery and wildlife resources, except whales, seals, and sea lions, and
for the performance of other authorized functions related to such
resources; for the general administration of the United States Fish and
Wildlife Service; for maintenance of the herd of long-horned cattle on
the Wichita Mountains Wildlife Ref- uge; and not less than $1,000,000
for high priority projects within the scope of the approved budget which
shall be carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended, $523,947,000, to remain
available until September 30, 1998, of which $11,557,000 shall remain
available until expended for operation and maintenance of fishery
mitigation facilities constructed by the Corps of Engineers under the
Lower Snake River Compensation Plan, authorized by the Water Resources
Development Act of 1976, to compensate for loss of fishery resources
from water development projects on the Lower Snake River, and of which
$2,000,000 shall be provided to local governments in southern California
for planning associated with the Natural Communities Conservation
Planning (NCCP) program and shall remain available until expended:
Provided, That hereafter, <<NOTE: 16 USC 742b note.>> pursuant to 31
U.S.C. 9701, the Secretary shall charge reasonable fees for the full
costs of providing training by the National Education and Training
Center, to be credited to this account, notwithstanding 31 U.S.C. 3302,
for the direct costs of providing such training.
construction
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection, and
utilization of fishery and wildlife resources, and the acquisition of
lands and interests therein; $43,365,000 to remain available until
expended.
natural resource damage assessment fund
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 1990
(Public Law 101-380), and Public Law 101-337; $4,000,000, to remain
available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, <<NOTE: 16 USC 668dd
note.>> $44,479,000, of which $3,000,000 is authorized to be
appropriated and shall be used to establish the Clarks River National
Wildlife
[[Page 110 STAT. 3009-186]]
Refuge in Kentucky, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $14,085,000, for
grants to States, to be derived from the Cooperative Endangered Species
Conservation Fund, and to remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $10,779,000.
rewards and operations
For expenses necessary to carry out the provisions of the African
Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), $1,000,000, to remain available until expended.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
$9,750,000, to remain available until expended.
rhinoceros and tiger conservation fund
For deposit to the Rhinoceros and Tiger Conservation Fund, $400,000,
to remain available until expended, to carry out the Rhinoceros and
Tiger Conservation Act of 1994 (Public Law 103-391).
wildlife conservation and appreciation fund
For deposit to the Wildlife Conservation and Appreciation Fund,
$800,000, to remain available until expended.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 83
passenger motor vehicles of which 73 are for replacement only (including
43 for police-type use); not to exceed $400,000 for payment, at the
discretion of the Secretary, for information, rewards, or evidence
concerning violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activities,
authorized or approved by the Secretary and to be accounted for solely
on his certificate; repair of damage to public roads within and adjacent
to reservation areas caused by operations of the Service; options for
the purchase of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance and
improvement of aquaria, buildings, and other facilities under the
jurisdiction of the Service and
[[Page 110 STAT. 3009-187]]
to which the United States has title, and which are utilized pursuant to
law in connection with management and investigation of fish and wildlife
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service
may, under cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly-produced publications for which the cooperators
share at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting accepted
quality standards: Provided further, That the Service may accept donated
aircraft as replacements for existing aircraft: Provided further, That
notwithstanding any other provision of law, the Secretary of the
Interior may not spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the establishment
of any new unit of the National Wildlife Refuge System unless the
purchase is approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures contained
in House Report 103-551: Provided further, That section 101(c) of the
Omnibus Consolidated Rescissions and Appropriations Act of 1996 is
amended in section 315(c)(1)(E) (110 Stat. 1321-201; 16 U.S.C. 460l-6a
note) by striking ``distributed in accordance with section 201(c) of the
Emergency Wetlands Resources Act'' and inserting ``available to the
Secretary of the Interior until expended to be used in accordance with
clauses (i), (ii), and (iii) of section 201(c)(A) of the Emergency
Wetlands Resources Act of 1986 (16 U.S.C. 3911(c)(A))''.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not to exceed $1,593,000 for the
Volunteers-in-Parks program, and not less than $1,000,000 for high
priority projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as authorized by 16 U.S.C.
1706, $1,152,311,000, without regard to 16 U.S.C. 451, of which
$8,000,000 for research, planning and interagency coordination in
support of land acquisition for Everglades restoration shall remain
available until expended, and of which not to exceed $72,000,000, to
remain available until expended, is to be derived from the special fee
account established pursuant to title V, section 5201, of Public Law
100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, environmental compliance and review,
international park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided for,
$37,976,000.
[[Page 110 STAT. 3009-188]]
historic preservation fund
For expenses necessary in carrying out the Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), $36,612,000, to be derived from the
Historic Preservation Fund, to remain available until September 30,
1998.
construction
For construction, improvements, repair or replacement of physical
facilities including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$163,444,000, to remain available until expended, of which $270,000
shall be used for appropriate fish restoration projects not related to
dam removal including reimbursement to the State of Washington for
emergency actions taken to protect the 1996 run of fall chinook salmon
on the Elwha River: Provided, That funds previously provided under this
heading that had been made available to the City of Hot Springs,
Arkansas, to be used for a flood protection feasibility study, are now
made available to the City of Hot Springs for the rehabilitation of the
Federally-constructed Hot Springs Creek Arch, including the portion
within Hot Springs National Park.
land and water conservation fund
(rescission)
The contract <<NOTE: 16 USC 460l-10a note.>> authority provided for
fiscal year 1997 by 16 U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority applicable to
the National Park Service, $53,915,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended, of which
$1,500,000 is to administer the State assistance program: Provided, That
any funds made available for the purpose of acquisition of the Elwha and
Glines dams shall be used solely for acquisition, and shall not be
expended until the full purchase amount has been appropriated by the
Congress: Provided further, That of the funds provided herein,
$9,000,000 is available for acquisition of the Sterling Forest, subject
to authorization.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 404 passenger motor vehicles, of which 287
shall be for replacement only, including not to exceed 320 for police-
type use, 13 buses, and 6 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to process any
grant or contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to the
National Park Service may be used to implement an agreement for the
redevelopment of the
[[Page 110 STAT. 3009-189]]
southern end of Ellis Island until such agreement has been
submitted to the Congress and shall not be implemented prior to the
expiration of 30 calendar days (not including any day in which either
House of Congress is not in session because of adjournment of more than
three calendar days to a day certain) from the receipt by the Speaker of
the House of Representatives and the President of the Senate of a full
and comprehensive report on the development of the southern end of Ellis
Island, including the facts and circumstances relied upon in support of
the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
The National Park <<NOTE: 16 USC 1g.>> Service may in fiscal year
1997 and thereafter enter into cooperative agreements that involve the
transfer of National Park Service appropriated funds to State, local and
tribal governments, other public entities, educational institutions, and
private nonprofit organizations for the public purpose of carrying out
National Park Service programs pursuant to 31 U.S.C. 6305 to carry out
public purposes of National Park Service programs.
Notwithstanding any other provision of law, remaining balances,
including interest, from funds granted to the National Park Foundation
pursuant to the National Park System Visitor Facilities Fund Act of 1983
(Public Law 97-433, 96 Stat. 2277) shall be available to the National
Park Foundation for expenditure in units of the National Park System for
the purpose of improving visitor facilities.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, and the mineral and water resources of the United
States, its Territories and possessions, and other areas as authorized
by 43 U.S.C. 31, 1332 and 1340; classify lands as to their mineral and
water resources; give engineering supervision to power permittees and
Federal Energy Regulatory Commission licensees; administer the minerals
exploration program (30 U.S.C. 641); and publish and disseminate data
relative to the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing industries
(30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as
authorized by law and to publish and disseminate data; $738,913,000 of
which $64,559,000 shall be available only for cooperation with States or
municipalities for water resources investigations; and of which
$16,000,000 shall remain available until expended for conducting
inquiries into the economic conditions affecting mining and materials
processing industries; and of which $137,500,000 shall be available
until September 30, 1998 for the biological research activity and the
operation of the Cooperative Research Units: Provided, That none of
these funds provided for the biological research activity shall be used
to conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That <<NOTE: 43 USC 31j.>> beginning in fiscal year 1998 and once every
five years thereafter, the National Academy
[[Page 110 STAT. 3009-190]]
of Sciences shall review and report on the biological research
activity <<NOTE: 43 USC 50.>> of the Survey: Provided further, That no
part of this appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services; contracting
for the furnishing of topographic maps and for the making of geophysical
or other specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and maintenance
of necessary buildings and appurtenant facilities; acquisition of lands
for gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302, et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable to
oil, gas, and other minerals leases, permits, licenses and operating
contracts; and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles for
replacement only; $156,955,000, of which not less than $70,063,000 shall
be available for royalty management activities; and an amount not to
exceed $41,000,000 for the Technical Information Management System and
activities of the Outer Continental Shelf (OCS)
Lands Activity, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate increases to
fee collections for OCS administrative activities performed by the
Minerals Management Service over and above the rates in effect on
September 30, 1993, and from additional fees for OCS administrative
activities established after September 30, 1993: Provided, That
$1,500,000 for computer acquisitions shall remain available until
September 30, 1998: Provided further, That funds appropriated under this
Act shall be available for the payment of interest in accordance with 30
U.S.C. 1721 (b) and (d): Provided further, That not to exceed $3,000
shall be available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities: Provided further, That
notwithstanding any other provision of law, $15,000 under this head
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals Management
Service concurred with the claimed refund due, to pay amounts owed to
Indian allottees or Tribes, or to correct prior unrecoverable erroneous
payments.
[[Page 110 STAT. 3009-191]]
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $6,440,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; $94,172,000, and notwithstanding 31
U.S.C. 3302, an additional amount shall be credited to this account, to
remain available until expended, from performance bond forfeitures in
fiscal year 1997: Provided, That the Secretary of the Interior, pursuant
to regulations, may utilize directly or through grants to States, moneys
collected in fiscal year 1997 for civil penalties assessed under section
518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1268), to reclaim lands adversely affected by coal mining practices
after <<NOTE: 30 USC 1211 note.>> August 3, 1977, to remain available
until expended: Provided further, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $177,085,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $4,000,000 shall be for supplemental grants to States for
the reclamation of abandoned sites with acid mine rock drainage from
coal mines through the Appalachian Clean Streams Initiative: Provided,
That grants to minimum program States will be $1,500,000 per State in
fiscal year 1997: Provided further, That of the funds herein provided up
to $18,000,000 may be used for the emergency program authorized by
section 410 of Public Law 95-87, as amended, of which no more than 25
per centum shall be used for emergency reclamation projects in any one
State and funds for federally-administered emergency reclamation
projects under this proviso shall not exceed $11,000,000: Provided
further, That prior year unobligated funds appropriated for the
emergency reclamation program shall not be subject to the 25 per centum
limitation per State and may be used without fiscal year limitation for
emergency projects: Provided further, That pursuant to Public Law 97-
365, the Department of the Interior is authorized to use up to 20 per
centum from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts: Provided
further, That funds made available to States under title IV of Public
Law 95-87 may be used, at their discretion, for any required
[[Page 110 STAT. 3009-192]]
non-Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclamation
Act:
Provided further, That the State of Maryland may set aside the greater
of $1,000,000 or 10 percent of the total of the grants made available to
the State under title IV of the Surface Mining Control and Reclamation
Act of 1977, as amended (30 U.S.C. 1231 et. seq.), if the amount set
aside is deposited in an acid mine drainage abatement and treatment fund
established under a State law, pursuant to which law the amount
(together with all interest earned on the amount) is expended by the
State to undertake acid mine drainage abatement and treatment projects,
except that before any amounts greater than 10 percent of its title IV
grants are deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface Mining
Control and Reclamation Act priority one projects.
Bureau of Indian Affairs
operation of indian programs
For operation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts, and grants including expenses
necessary to provide education and welfare services for Indians, either
directly or in cooperation with States and other organizations,
including payment of care, tuition, assistance, and other expenses of
Indians in boarding homes, or institutions, or schools; grants and other
assistance to needy Indians; maintenance of law and order; management,
development, improvement, and protection of resources and appurtenant
facilities under the jurisdiction of the Bureau, including payment of
irrigation assessments and charges; acquisition of water rights;
advances for Indian industrial and business enterprises; operation of
Indian arts and crafts shops and museums; development of Indian arts and
crafts, as authorized by law; for the general administration of the
Bureau, including such expenses in field offices; maintaining of Indian
reservation roads as defined in 23 U.S.C. 101; and construction, repair,
and improvement of Indian housing, $1,436,902,000, of which not to
exceed $86,520,000 shall be for welfare assistance payments and not to
exceed $90,829,000 shall be for payments to tribes and tribal
organizations for contract support costs associated with ongoing
contracts or grants or compacts entered into with the Bureau prior to
fiscal year 1997, as authorized by the Indian Self-Determination Act of
1975, as amended, and up to $5,000,000 shall be for the Indian Self-
Determination Fund, which shall be available for the transitional cost
of initial or expanded tribal contracts, grants, compacts, or
cooperative agreements with the Bureau under such Act; and of which not
to exceed $365,124,000 for school operations costs of Bureau-funded
schools and other education programs shall become available on July 1,
1997, and shall remain available until September 30, 1998; and of which
not to exceed $53,805,000 for higher education scholarships, adult
vocational training, and assistance to public schools under 25 U.S.C.
452 et seq., shall remain available until September 30, 1998; and of
[[Page 110 STAT. 3009-193]]
which not to exceed $54,973,000 shall remain available until expended
for housing improvement, road maintenance, attorney fees, litigation
support, self-governance grants, the Indian Self-Determination Fund, and
the Navajo-Hopi Settlement Program: Provided, That tribes and tribal
contractors may use their tribal priority allocations for unmet indirect
costs of ongoing contracts, grants or compact agreements and for unmet
welfare assistance costs: Provided further, That funds made available to
tribes and tribal organizations through contracts or grants obligated
during fiscal year 1997, as authorized by the Indian Self-Determination
Act of 1975, or grants authorized by the Indian Education Amendments of
1988 (25 U.S.C. 2001 and 2008A) shall remain available until expended by
the contractor or grantee: Provided further, That to provide funding
uniformity within a Self-Governance Compact, any funds provided in this
Act with availability for more than one year may be reprogrammed to one
year availability but shall remain available within the Compact until
expended: Provided further, That notwithstanding any other provision of
law, Indian tribal governments may, by appropriate changes in
eligibility criteria or by other means, change eligibility for general
assistance or change the amount of general assistance payments for
individuals within the service area of such tribe who are otherwise
deemed eligible for general assistance payments so long as such changes
are applied in a consistent manner to individuals similarly situated:
Provided further, That any savings realized by such changes shall be
available for use in meeting other priorities of the tribes: Provided
further, That any net increase in costs to the Federal Government which
result solely from tribally increased payment levels for general
assistance shall be met exclusively from funds available to the tribe
from within its tribal priority allocation: Provided further, That any
forestry funds allocated to a tribe which remain unobligated as of
September 30, 1997, may be transferred during fiscal year 1998 to an
Indian forest land assistance account established for the benefit of
such tribe within the tribe's trust fund account: Provided further, That
any such
unobligated balances not so transferred shall expire on September 30,
1998: Provided further, That notwithstanding any other provision of law,
no funds available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary school
in the State of Alaska in fiscal year 1997: Provided further, That funds
made available in this or any other Act for expenditure through
September 30, 1998 for schools funded by the Bureau shall be available
only to the schools in the Bureau school system as of September 1, 1995:
Provided further, That no funds available to the Bureau shall be used to
support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995: Provided
further, That <<NOTE: 25 USC 2012 note.>> in fiscal year 1997 and
thereafter, notwithstanding the provisions of 25 U.S.C. 2012(h)(1) (A)
and (B), upon the recommendation of either (i) a local school board and
school supervisor for an education position in a Bureau of Indian
Affairs operated school, or (ii) an Agency school board and education
line officer for an Agency education position, the Secretary shall
establish adjustments to the rates of basic compensation or annual
salary rates established under
[[Page 110 STAT. 3009-194]]
25 U.S.C. 2012(h)(1) (A) and (B) for education positions at the school
or the Agency, at a level not less than that for comparable positions in
the nearest public school district, and the adjustment shall be deemed
to be a change to basic pay and shall not be subject to collective
bargaining: Provided further, That any reduction to rates of basic
compensation or annual salary rates below the rates established under 25
U.S.C. 2012(h)(1) (A) and (B) shall apply only to educators appointed
after June 30, 1997, and shall not affect the right of an individual
employed on June 30, 1997, in an education position, to receive the
compensation attached to such position under 25 U.S.C. 2012(h)(1) (A)
and (B) so long as the individual remains in the same position at the
same school: Provided further, That notwithstanding 25 U.S.C.
2012(h)(1)(B), when the rates of basic compensation for teachers and
counselors at Bureau-operated schools are established at the rates of
basic compensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers Pay and Personnel
Practices Act, such rates shall become effective with the start of the
next academic year following the issuance of the Department of Defense
salary schedule and shall not be effected retroactively.
construction
For construction, major repair, and improvement of irrigation and
power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $94,531,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 per centum of
contract authority available to the Bureau of Indian Affairs from the
Federal Highway Trust Fund may be used to cover the road program
management costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall
be made available on a non-reimbursable basis: Provided further, That
for fiscal year 1997, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that are
provided to tribally controlled grant schools under Public Law 100-297,
as amended, the Secretary of the Interior shall use the Administrative
and Audit Requirements and Cost Principles for Assistance Programs
contained in 43 CFR
part 12 as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the Secretary
and the grantee shall negotiate and determine a schedule of payments for
the work to be performed: Provided further, That in considering
applications, the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by 25 U.S.C.
2005(a), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements contained in 25
U.S.C. 2505(f): Provided further, That any disputes
[[Page 110 STAT. 3009-195]]
between the Secretary and any grantee concerning a grant shall be
subject to the disputes provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $69,241,000, to remain available
until expended; of which $68,400,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618, 102-374, 102-575, and for
implementation of other enacted water rights settlements, including not
to exceed $8,000,000, which shall be for the Federal share of the
Catawba Indian Tribe of South Carolina Claims Settlement, as authorized
by section 5(a) of Public Law 103-116; and of which $841,000 shall be
available pursuant to Public Laws 98-500, 99-264, and 100-580.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $34,615,000.
In addition, for administrative expenses to carry out the guaranteed
loan programs, $500,000.
administrative provisions
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
the Technical Assistance of Indian Enterprises account, the Indian
Direct Loan Program account, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits, and purchase of
not to exceed 229 passenger motor vehicles, of which not to exceed 187
shall be for replacement only.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office operations or pooled
overhead general administration shall be available for tribal contracts,
grants, compacts, or cooperative agreements with the Bureau of Indian
Affairs under the provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103-413).
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $65,188,000, of which
(1) $61,339,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and
[[Page 110 STAT. 3009-196]]
research; grants to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues, for
construction and support of governmental functions; grants to the
Government of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law (Public Law 94-241;
90 Stat. 272); and (2) $3,849,000 shall be available for salaries and
expenses of the Office of Insular Affairs: Provided, That all <<NOTE: 48
USC 1469b.>> financial transactions of the territorial and local
governments herein provided for, including such transactions of all
agencies or instrumentalities established or utilized by such
governments, may be audited by the General Accounting Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That section 703(a) of Public
Law 94-241, as amended, is <<NOTE: 48 USC 1801 note.>> hereby amended
by striking ``of the Government of the Northern Mariana Islands'':
Provided further, That of the amounts provided for technical assistance,
sufficient funding shall be made available for a grant to the Close Up
Foundation: Provided further, That the funds for the program of
operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure in American Samoa, Guam, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations maintenance needs, improved
capability of local operations and maintenance institutions and agencies
(including management and vocational education training), and project-
specific maintenance (with territorial participation and cost sharing to
be determined by the Secretary based on the individual territory's
commitment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance under this head
in this Act or previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants provided
pursuant to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compacts of
Free Association, and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, $23,538,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
[[Page 110 STAT. 3009-197]]
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $58,286,00,\1\ of which not to exceed $7,500 may be for
official reception and representation expenses, and of which up to
$2,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines
---------------------------------------------------------------------------
\1\ Remainder of figure missing, complete figure probably
should read ``$58,286,000''.
---------------------------------------------------------------------------
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $35,443,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$24,439,000, together with any funds or property transferred to the
Office of Inspector General through forfeiture proceedings or from the
Department of Justice Assets Forfeiture Fund or the Department of the
Treasury Assets Forfeiture Fund, that represent an equitable share from
the forfeiture of property in investigations in which the Office of
Inspector General participated, with such transferred funds to remain
available until expended.
National Indian Gaming Commission
salaries and expenses
For necessary expenses of the National Indian Gaming Commission,
pursuant to Public Law 100-497, $1,000,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $32,126,000, to
remain available until expended for trust funds management: Provided,
That funds made available to tribes and tribal organizations through
contracts or grants obligated during fiscal year 1997, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the statute of
limitations shall not commence to run on any claim, including any claim
in litigation pending on the date of this Act, concerning losses to or
mismanagement of trust funds, until the affected tribe or individual
Indian has been furnished with an accounting of such funds from which
the beneficiary can determine whether there
[[Page 110 STAT. 3009-198]]
has been a loss: Provided further, That unobligated balances previously
made available (1) to liquidate obligations owed tribal and individual
Indian payees of any checks canceled pursuant to section 1003 of the
Competitive Equality Banking Act of 1987 (Public Law 100-86; 31 U.S.C.
3334(b)), (2) to restore Individual Indian Monies trust funds, Indian
Irrigation Systems, and Indian Power Systems accounts amounts invested
in credit unions or defaulted savings and loan associations and which
where not Federally insured, including any interest on these amounts
that may have been earned, but was not because of the default, and (3)
to reimburse Indian trust fund account holders for losses to their
respective accounts where the claim for said loss has been reduced to a
judgement or settlement agreement approved by the Department of Justice,
under the heading ``Indian Land and Water Claim Settlements and
Miscellaneous Payments to Indians'', Bureau of Indian Affairs in fiscal
years 1995 and 1996, are hereby transferred to and merged with this
appropriation and may only be used for the operation of trust programs,
in accordance with this appropriation.
Administrative Provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no programs
funded with appropriated funds in ``Departmental Management'', ``Office
of the Solicitor'', and ``Office of Inspector General'' may be augmented
through the Working Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or
emergency prevention of forest or range fires on or threatening lands
under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms,
[[Page 110 STAT. 3009-199]]
or other unavoidable causes; for contingency planning subsequent to
actual oilspills; response and natural resource damage assessment
activities related to actual oilspills; for the prevention, suppression,
and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99-198 (99 Stat. 1658);
for emergency reclamation projects under section 410 of Public Law 95-
87; and shall transfer, from any no year funds available to the Office
of Surface Mining Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in the event a
primacy State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in this title for
fire suppression purposes shall be available for the payment of
obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles,
aircraft, or other equipment in connection with their use for fire
suppression purposes, such reimbursement to be credited to
appropriations currently available at the time of receipt thereof:
Provided further, That for emergency rehabilitation and wildfire
suppression activities, no funds shall be made available under this
authority until funds appropriated to ``Wildland Fire Management'' shall
have been exhausted: Provided further, That all funds used pursuant to
this section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the Interior
for salaries and expenses shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or
[[Page 110 STAT. 3009-200]]
rentals for periods not in excess of twelve months beginning at any time
during the fiscal year.
Sec. 107. Prior to the transfer of Presidio properties to the
Presidio Trust, when authorized, the Secretary may not obligate in any
calendar month more than \1/12\ of the fiscal year 1997 appropriation
for operation of the Presidio: Provided, That prior to the transfer of
any Presidio property to the Presidio Trust, the Secretary shall
transfer such funds as the Trust deems necessary to initiate leasing and
other authorized activities of the Trust: Provided further, That this
section shall expire on December 31, 1996.
Sec. 108. No final rule or regulation of any agency of the Federal
Government pertaining to the recognition, management, or validity of a
right-of-way pursuant to Revised Statute 2477 (43 U.S.C. 932) shall take
effect unless expressly authorized by an Act of Congress subsequent to
the date of enactment of this Act.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of Northern,
Central, and Southern California; the North Atlantic; Washington and
Oregon; and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior for the conduct of leasing, or the approval
or permitting of any drilling or other exploration activity, on lands
within the North Aleutian Basin planning area.
Sec. 111. No funds provided in this title may be expended by the
Department of the Interior for the conduct of preleasing and leasing
activities in the Eastern Gulf of Mexico for Outer Continental Shelf
Lease Sale 151 in the Outer Continental Shelf Natural Gas and Oil
Resource Management Comprehensive Program, 1992-1997.
Sec. 112. No funds provided in this title may be expended by the
Department of the Interior for the conduct of preleasing and leasing
activities in the Atlantic for Outer Continental Shelf Lease Sale 164 in
the Outer Continental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992-1997.
Sec. 113. There is hereby established in the <<NOTE: 31 USC 501
note.>> Treasury a franchise fund pilot, as authorized by section 403 of
Public Law 103-356, to be available as provided in such section for
costs of capitalizing and operating administrative services as the
Secretary determines may be performed more advantageously as central
services: Provided, That any inventories, equipment, and other assets
pertaining to the services to be provided by such fund, either on hand
or on order, less the related liabilities or unpaid obligations, and any
appropriations made prior to the current year for the purpose of
providing capital shall be used to capitalize such fund: Provided
further, That such fund shall be paid in advance from funds available to
the Department and other Federal agencies for which such centralized
services are performed, at rates which will return in full all expenses
of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automatic data processing (ADP) software and
systems (either acquired or donated) and an amount necessary to maintain
a reasonable operating reserve, as determined by the Secretary: Provided
further, That
[[Page 110 STAT. 3009-201]]
such fund shall provide services on a competitive basis: Provided
further, That an amount not to exceed four percent of the total annual
income to such fund may be retained in the fund for fiscal year 1997 and
each fiscal year thereafter, to remain available until expended, to be
used for the acquisition of capital equipment, and for the improvement
and implementation of Department financial management, ADP, and other
support systems: Provided further, That no later than thirty days after
the end of each fiscal year amounts in excess of this reserve limitation
shall be transferred to the Treasury: Provided further, That such
franchise fund pilot shall terminate pursuant to section 403(f) of
Public Law 103-356.
Sec. 114. Public Law 102-495 is amended by adding the following new
section:
``SEC. 10. WASHINGTON STATE REMOVAL OPTION.
``(a) Upon appropriation of $29,500,000 for the Federal government
to acquire the projects in the State of Washington pursuant to this Act,
the State of Washington may, upon the submission to Congress of a
binding agreement to remove the projects within a reasonable period of
time, purchase the projects from the Federal government for $2. Such a
binding agreement shall provide for the full restoration of the Elwha
River ecosystem and native anadromous fisheries, for protection of the
existing quality and availability of water from the Elwha River for
municipal and industrial uses from possible adverse impacts of dam
removal, and for fulfillment by the State of each of the other
obligations of the Secretary under this Act.
``(b) Upon receipt of the payment pursuant to subsection (a), the
Federal government shall relinquish ownership and title of the projects
to the State of Washington.
``(c) Upon the purchase of the projects by the State of
Washington, section 3(a), (c), and (d), and Sections 4, 7, and 9 of this
Act are hereby repealed, and the remaining sections renumbered
accordingly.''.
Sec. 115. Section 7 of Public Law 99-647 (16 U.S.C. 461 note) is
amended to read as follows:
``SEC. 7. TERMINATION OF COMMISSION.
``The Commission shall terminate on November 10, 1997.''.
Sec. 116. The Congress of the United States hereby designates and
ratifies the assignment to the University of Utah as successor to, and
beneficiary of, all the existing assets, revenues, funds and rights
granted to the State of Utah under the Miners Hospital Grant (February
20, 1929, 45 Stat. 1252) and the School of Mines Grant (July 26, 1894,
28 Stat. 110). Further, the Secretary of the Interior is authorized and
directed to accept such relinquishment of all remaining and unconveyed
entitlement for quantity grants owed the State of Utah for the Miners
Hospital Grant (February 20, 1929, 45 Stat. 1252) and any unconveyed
entitlement that may remain for the University of Utah School of Mines
Grant (July 26, 1894, 28 Stat. 110).
Sec. 117. Section 402(b)(1) of The Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458bb) is amended to read as
follows: ``(1) In addition to those Indian tribes participating in self-
governance under subsection (a) of this section, the Secretary, acting
through the Director of the Office of Self-Governance, may select up to
50 new tribes per year from the applicant pool described in subsection
(c) of this section to participate in self-governance.''.
[[Page 110 STAT. 3009-202]]
Sec. 118. <<NOTE: 25 USC 305a-1.>> In fiscal year 1997 and
thereafter, the Indian Arts and Crafts Board may charge admission fees
at its museums; charge rent and/or franchise fees for shops located in
its museums; publish and sell publications; sell or rent or license use
of photographs or other images in hard copy or other forms; license the
use of designs, in whole or in part, by others; charge for consulting
services provided to others; and may accept the services of volunteers
to carry out its mission: Provided, That all revenue derived from such
activities is covered into the special fund established by section 4 of
Public Law 74-355 (25 U.S.C. 305c).
Sec. 119. Transfer of Certain Bureau of Land Management
Facilities.--
(a) Battle mountain, nevada.--Not later than 30 days after
the date of enactment of this Act, the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management, shall transfer to Lander County, Nevada, without
consideration, title to the former Bureau of Land Management
administrative site and associated buildings in Battle Mountain,
Nevada.
(b) Winnemucca, nevada.--
(1) Transfer.--Not later than 30 days after the date
of enactment of this Act, the Secretary of the Interior,
acting through the Director of the Bureau of Land
Management, shall transfer to the State of Nevada,
without consideration, title to the surplus Bureau of
Land Management District Office building in Winnemucca,
Nevada.
(2) Use.--The transfer under paragraph (1) is made
with the intent that the building shall be available to
meet the needs of the Department of Conservation and
Natural Resources of the State of Nevada.
Sec. 120. Alaska Aviation Heritage.--
(a) Findings.--The Congress finds that--
(1) the Department of the Interior's Grumman Goose
G21-A aircraft number N789 is to be retired from several
decades of active service in the State of Alaska in
1996; and
(2) the aircraft is of significant historic value to
the people of the State of Alaska.
(b) Donation of aircraft.--The Secretary of the Interior
shall transfer the Grumman Goose G21-A aircraft number N789 to
the Alaska Aviation Heritage Museum in Anchorage, Alaska, at no
cost to the museum, for permanent display.
Sec. 121. The Mesquite Lands Act of 1988 is amended by adding the
following at the end of section 3:
``(d) Fourth Area.--(1) No later than ten years after the date of
enactment of this Act, the City of Mesquite shall notify the Secretary
as to which if any of the public lands identified in paragraph (2) of
this subsection the city wishes to purchase.
``(2) For a period of twelve years after the date of enactment of
this Act, the city shall have exclusive right to purchase the following
parcels of public lands:
``Parcel A--East \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 5, T. 13 S., R. 71 E., Mount Diablo
Meridian; West \1/2\ Sec. 4, T. 13 S., R. 71 E, Mount Diablo
Meridian; East \1/2\, West \1/2\ Sec. 4, T. 13 S., R. 71 E.,
Mount Diablo Meridian.
[[Page 110 STAT. 3009-203]]
``Parcel B--North \1/2\ Sec. 7, T. 13 S., R. 71 E., Mount
Diablo Meridian; South East \1/4\ Sec. 12, T. 13 S., R. 70 E.,
Mount Diablo Meridian; East \1/2\, North East \1/4\ Sec. 12, T.
13 S., R. 70 E., Mount Diablo Meridian; East \1/2\, West \1/2\
North East \1/4\ Sec. 12, T. 13 S., R. 70 E., Mount Diablo
Meridian.
``Parcel C--West \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 1, T. 13 S., R. 70 E., Mount Diablo
Meridian; West \1/2\, West \1/2\, North East \1/4\ Sec. 12, T.
13 S., R. 70 E., Mount Diablo Meridian; North West \1/4\ Sec.
13, S., R. 70 E., Mount Diablo Meridian; West \1/2\ Sec. 12, T.
13 S., R. 70 E., Mount Diablo Meridian; East \1/2\, South East
\1/4\, Sec. 11, T. 13 S., R. 70 E., Mount Diablo Meridian; East
\1/2\ North East \1/4\, Sec. 14, T. 13 S., R. 70 E., Mount
Diablo Meridian.
``Parcel D--South \1/2\ Sec. 14, T. 13 S., R. 70 E., Mount
Diablo Meridian; South West \1/4\, Sec. 13, T. 13 S., R. 70 E.,
Mount Diablo Meridian; Portion of section 23, North of
Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian;
Portion of section 24, North of Interstate 15, T. 13 S., R. 70
E., Mount Diablo Meridian; Portion of section 26, North of
Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian.''
Sec. 122. Father <<NOTE: Father Aull Site Transfer Act of 1996.>>
Aull Site Transfer.
(a) This section may be cited as the ``Father Aull Site Transfer Act
of 1996''.
(b) Findings.--Congress finds that--
(1) the buildings and grounds developed by Father Roger Aull
located on public domain land near Silver City, New Mexico, are
historically significant to the citizens of the community;
(2) vandalism at the site has become increasingly
destructive and frequent in recent years;
(3) because of the isolated location and the distance from
other significant resources and agency facilities, the Bureau of
Land Management has been unable to devote sufficient resources
to restore and protect the site from further damage; and
(4) St. Vincent DePaul Parish in Silver City, New Mexico,
has indicated an interest in, and developed a sound proposal for
the restoration of, the site, such that the site could be
permanently occupied and used by the community.
(c) Conveyance of Property.--Subject to valid existing rights, all
right, title and interest of the United States in and to the land
(including improvements on the land), consisting of approximately 43.06
acres, located approximately 10 miles east of Silver City, New Mexico,
and described as follows: T. 17 S., R. 12 W., Section 30: Lot 13, and
Section 31: Lot 27 (as generally depicted on the map dated July 1995) is
hereby conveyed by operation of law to St. Vincent DePaul Parish in
Silver City, New Mexico, without consideration.
(d) Release.--Upon the conveyance of any land or interest in land
identified in this section of St. Vincent DePaul Parish, St. Vincent
DePaul Parish shall assume any liability for any claim relating to the
land or interest in the land arising after the date of the conveyance.
(e) Map.--The map referred to in this section shall be on file and
available for public inspection in--
[[Page 110 STAT. 3009-204]]
(1) the State of New Mexico Office of the Bureau of Land
Management, Santa Fe, New Mexico; and
(2) the Las Cruces District Office of the Bureau of Land
Management, Las Cruces, New Mexico.
Sec. 123. The second proviso under the heading ``Bureau of Mines,
Administrative Provisions'' of Public Law 104-134 is amended by
inserting after the word ``authorized'' the word ``hereafter''.
Sec. 124. <<NOTE: 16 USC 1011.>> Watershed Restoration and
Enhancement Agreements.
(a) In General.--For fiscal year 1997 and each fiscal year
thereafter, appropriations made for the Bureau of Land Management may be
used by the Secretary of the Interior for the purpose of entering into
cooperative agreements with willing private landowners for restoration
and enhancement of fish, wildlife, and other biotic resources on public
or private land or both that benefit these resources on public lands
within the watershed.
(b) Direct and Indirect Watershed Agreements.--The Secretary of
the Interior may enter into a watershed restoration and enhancement
agreement--
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a state, local, or
tribal government or other public entity, educational
institution, or private nonprofit organization.
(c) Terms and Conditions.--In order for the Secretary to enter
into a watershed restoration and enhancement agreement--
(1) the agreement shall--
(A) include such terms and conditions mutually
agreed to by the Secretary and the landowner;
(B) improve the viability of and otherwise benefit
the fish, wildlife, and other biotic resources on public
land in the watershed;
(C) authorize the provision of technical assistance
by the Secretary in the planning of management
activities that will further the purposes of the
agreement;
(D) provide for the sharing of costs of implementing
the agreement among the Federal government, the
landowner, and other entities, as mutually agreed on by
the affected interests; and
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the Secretary
to be in the public interest; and
(2) the Secretary may require such other terms and
conditions as are necessary to protect the public investment on
private lands, provided such terms and conditions are mutually
agreed to by the Secretary and the landowner.
Sec. 125. Visitor Center Designation <<NOTE: 16 USC 410ff
note.>> at Channel Islands National Park.
(a) The visitor center at Channel Islands National Park,
California, is hereby designated as the ``Robert J. Lagomarsino Visitor
Center''.
(b) Any reference in law, regulation, paper, record, map, or any
other document in the United States to the visitor center referred to in
subsection (a) shall be deemed to be a reference to the ``Robert J.
Lagomarsino Visitor Center''.
[[Page 110 STAT. 3009-205]]
TITLE II--RELATED AGENCIES
Department of Agriculture
forest service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $179,786,000, to remain available until expended.
state and private forestry
For necessary expenses of cooperating with, and providing technical
and financial assistance to States, Territories, possessions, and others
and for forest pest management activities, cooperative forestry and
education and land conservation activities, $155,461,000 to remain
available until expended, as authorized by law: Provided, That of funds
available under this heading for Pacific Northwest Assistance in this or
prior appropriations Acts. $750,000 shall be provided to the World
Forestry Center for purposes of continuing scientific research and other
authorized efforts regarding the land exchange efforts in the Umpqua
River Basin region.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, for ecosystem planning, inventory, and
monitoring, and for administrative expenses associated with the
management of funds provided under the heads ``Forest and Rangeland
Research,'' ``State and Private Forestry,'' ``National Forest System,''
``Wildland Fire Management,'' ``Reconstruction and Construction,'' and
``Land Acquisition,'' $1,274,781,000 to remain available until expended,
and including 50 per centum of all monies received during the prior
fiscal year as fees collected under the Land and Water Conservation Fund
Act of 1965, as amended, in accordance with section 4 of the Act (16
U.S.C. 460l-6a(i)): Provided, That up to $5,000,000 of the funds
provided herein for road maintenance shall be available for the planned
obliteration of roads which are no longer needed.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned over National Forest System
lands, $530,016,000, to remain available until expended: Provided, That
unexpended balances of amounts previously appropriated under any other
headings for Forest Service fire activities are transferred to and
merged with this appropriation and subject to the same terms and
conditions: Provided further, That such funds are available for
repayment of advances from other appropriations accounts previously
transferred for such purposes.
[[Page 110 STAT. 3009-206]]
reconstruction and construction
For necessary expenses of the Forest Service, not otherwise provided
for, $174,974,000, to remain available until expended for construction,
reconstruction and acquisition of buildings and other facilities, and
for construction, reconstruction and repair of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That not to exceed $50,000,000, to remain
available until expended, may be obligated for the construction of
forest roads by timber purchasers: Provided further, That funds
appropriated under this head for the construction of the Wayne National
Forest Supervisor's Office may be granted to the Ohio State Highway
Patrol as the federal share of the cost of construction of a new
facility to be occupied jointly by the Forest Service and the Ohio State
Highway Patrol: Provided further, That an agreed upon lease of space in
the new facility shall be provided to the Forest Service without charge
for the life of the building.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11),
including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the Forest Service, $40,575,000, to be derived from the
Land and Water Conservation Fund, to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,069,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act of
December 4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 per centum of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in National
Forests in the sixteen Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 per centum shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
[[Page 110 STAT. 3009-207]]
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 159 passenger
motor vehicles of which 14 will be used primarily for law enforcement
purposes and of which 149 shall be for replacement; acquisition of 10
passenger motor vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to exceed two
for replacement only, and acquisition of 20 aircraft from excess
sources; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft; (b) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (c) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (d) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a;
(e) for expenses pursuant to the Volunteers in the National Forest Act
of 1972 (16 U.S.C 558a, 558d, 558a note); and (f) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to change the boundaries of any region, to abolish any
region, to move or close any regional office for research, State and
private forestry, or National Forest System administration of the Forest
Service, Department of Agriculture, or to implement any reorganization,
``reinvention'' or other type of organizational restructuring of the
Forest Service, other than the relocation of the Regional Office for
Region 5 of the Forest Service from San Francisco to excess military
property at Mare Island, Vallejo, California, without the consent of the
House and Senate Committees on Appropriations.
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the relocation:
Provided, That funds for the move must come from funds otherwise
available to Region 5: Provided further, That any funds to be provided
for such purposes shall only be available upon approval of the House and
Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service may be
advanced to the Wildland Fire Management appropriation and may be used
for forest firefighting and the emergency rehabilitation of burned-over
lands under its jurisdiction.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and shall be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States and international organizations.
[[Page 110 STAT. 3009-208]]
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 103-551.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures contained
in House Report 103-551.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
Notwithstanding any other provision of the law, any appropriations
or funds available to the Forest Service may be used to disseminate
program information to private and public individuals and organizations
through the use of nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur necessary expenses for
the nonmonetary recognition of private individuals and organizations
that make contributions to Forest Service programs.
Notwithstanding any other provision of law, money collected, in
advance or otherwise, by the Forest Service under authority of section
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of
administrative and other costs incurred in processing pipeline right-of-
way or permit applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination of any pipeline
and related facilities, may be used to reimburse the applicable
appropriation to which such costs were originally charged.
Funds available to the Forest Service shall be available to conduct
a program of not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13, 1970, as
amended by Public Law 93-408.
None of the funds available in this Act shall be used for timber
sale preparation using clearcutting in hardwood stands in excess of 25
percent of the fiscal year 1989 harvested volume in the Wayne National
Forest, Ohio: Provided, That this limitation shall not apply to hardwood
stands damaged by natural disaster: Provided further, That landscape
architects shall be used to maintain a visually pleasing forest.
Any money collected from the States for fire suppression assistance
rendered by the Forest Service on non-Federal lands not in the vicinity
of National Forest System lands shall be used to reimburse the
applicable appropriation and shall remain available until expended as
the Secretary may direct in conducting activities authorized by 16
U.S.C. 2101 (note), 2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Notwithstanding any other provision of law, the Forest Service is
authorized to employ or otherwise contract with persons at regular rates
of pay, as determined by the Service, to perform work occasioned by
emergencies such as fires, storms, floods, earthquakes
[[Page 110 STAT. 3009-209]]
or any other unavoidable cause without regard to Sundays, Federal
holidays, and the regular workweek.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even aged management in hardwood
stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593,
funds up to $1,000,000 for matching funds shall be available for the
National Forest Foundation on a one-for-one basis to match private
contributions for projects on or benefitting National Forest System
lands or related to Forest Service programs.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $1,000,000
of the funds available to the Forest Service shall be available for
matching funds, as authorized in 16 U.S.C. 3701-3709, on a one-for-one
basis to match private contributions for projects on or benefitting
National Forest System lands or related to Forest Service programs.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the National Forest System and
Construction accounts and planned to be allocated to activities under
the ``Jobs in the Woods'' program for projects on National Forest land
in the State of Washington may be granted directly to the Washington
State Department of Fish and Wildlife for accomplishment of planned
projects. Twenty percent of said funds shall be retained by the Forest
Service for planning and administering projects. Project selection and
prioritization shall be accomplished by the Forest Service with such
consultation with the State of Washington as the Forest Service deems
appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
The Secretary of Agriculture shall by March 31, 1997 report to the
Committees on Appropriations of the House of Representatives and the
Senate on the status and disposition of all salvage timber sales started
under the authority of Section 2001 of Public Law 104-19 and
subsequently withdrawn or delayed and completed under different
authorities as a consequence of the July 2, 1996 directive on the
implementation of Section 2001 issued by the Secretary.
The Pacific Northwest Research Station Silviculture Laboratory in
Bend, Oregon is hereby named the ``Robert W. Chandler Building''.
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-134, the direct grants
provided in subsection (c) shall be considered direct payments for
purposes of all applicable law except that these direct grants may not
be used for lobbying activities.
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other agency
or office of the Department for more than 30 days unless the
individual's employing agency or office is fully
[[Page 110 STAT. 3009-210]]
reimbursed by the receiving agency or office for the salary and expenses
of the employee for the period of assignment.
DEPARTMENT OF ENERGY
clean coal technology
(rescission)
Of the funds made available under this heading for obligation in
fiscal year 1997 or prior years, $123,000,000 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.
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany Research Center in Oregon,
$364,704,000, to remain available until expended: Provided, That no part
of the sum herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas.
alternative fuels production
(including transfer and rescission of funds)
Monies received as investment income on the principal amount in the
Great Plains Project Trust at the Norwest Bank of North Dakota, in such
sums as are earned as of October 1, 1996, shall be deposited in this
account and immediately transferred to the General Fund of the Treasury.
Monies received as revenue sharing from the operation of the Great
Plains Gasification Plant shall be immediately transferred to the
General Fund of the Treasury. Funds are hereby rescinded in the amount
of $2,500,000 from unobligated balances under this head.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and oil shale
reserve activities, $143,786,000, to remain available until expended:
Provided, That the requirements of <<NOTE: 10 USC 7430 note.>> 10 U.S.C.
7430(b)(2)(B) shall not apply to fiscal year 1997.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $569,762,000, to remain available until expended, including,
notwithstanding any other provision of law, the excess amount for fiscal
year 1997 determined under the provisions of section
[[Page 110 STAT. 3009-211]]
3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That
$149,845,000 shall be for use in energy conservation programs as defined
in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507) and shall not
be available until excess amounts are determined under the provisions of
section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided further,
That notwithstanding section 3003(d)(2) of Public Law 99-509 such sums
shall be allocated to the eligible programs as follows:$120,845,000 for
weatherization assistance grants and $29,000,000 for State energy
conservation grants.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearing and Appeals, $2,725,000, to remain available until expended.
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $220,000,000, to remain available until expended, of
which $220,000,000 shall be repaid from the ``SPR Operating Fund'' from
amounts made available from the sale of oil from the Reserve: Provided,
That notwithstanding section 161 of the Energy Policy and Conservation
Act, the Secretary shall draw down and sell in fiscal year 1997
$220,000,000 worth of oil from the Strategic Petroleum Reserve: Provided
further, That the proceeds from the sale shall be deposited into a
special account in the Treasury, to be established and known as the
``SPR Operating Fund'', and shall, upon receipt, be transferred to the
Strategic Petroleum Reserve account for operations of the Strategic
Petroleum Reserve.
spr petroleum account
Notwithstanding 42 U.S.C. 6240(d) the United States share of crude
oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or
otherwise disposed of to other than the Strategic Petroleum Reserve:
Provided, That outlays in fiscal year 1997 resulting from the use of
funds in this account shall not exceed $5,000,000.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $66,120,000 to remain available until
expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms;
[[Page 110 STAT. 3009-212]]
and reimbursement to the General Services Administration for security
guard services.
From appropriations under this Act, transfers of sums may be made to
other agencies of the Government for the performance of work for which
the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, private or
foreign: Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to be
available until expended, and used only for plant construction,
operation, costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements: Provided further, That
the remainder of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided further,
That any contract, agreement, or provision thereof entered into by the
Secretary pursuant to this authority shall not be executed prior to the
expiration of 30 calendar days (not including any day in which either
House of Congress is not in session because of adjournment of more than
three calendar days to a day certain) from the receipt by the Speaker of
the House of Representatives and the President of the Senate of a full
comprehensive report on such project, including the facts and
circumstances relied upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $1,806,269,000, together with
payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C.
[[Page 110 STAT. 3009-213]]
450), shall be deemed to be obligated at the time of the grant or
contract award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided further,
That $12,000,000 shall remain available until expended, for the Indian
Catastrophic Health Emergency Fund: Provided further, That $356,325,000
for contract medical care shall remain available for obligation until
September 30, 1998: Provided further, That of the funds provided, not
less than $11,706,000 shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care Improvement Act:
Provided further, That funds provided in this Act may be used for one-
year contracts and grants which are to be performed in two fiscal years,
so long as the total obligation is recorded in the year for which the
funds are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority of title
IV of the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX of the
Social Security Act (exclusive of planning, design, or construction of
new facilities): Provided further, That of the funds provided,
$7,500,000 shall remain available until expended, for the Indian Self-
Determination Fund, which shall be available for the transitional costs
of initial or expanded tribal contracts, compacts, grants or cooperative
agreements with the Indian Health Service under the provisions of the
Indian Self-Determination Act: Provided further, That funding contained
herein, and in any earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall
remain available for obligation until September 30, 1998: Provided
further, That amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $247,731,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at
[[Page 110 STAT. 3009-214]]
rates not to exceed the per diem rate equivalent to the maximum rate
payable for senior-level positions under 5 U.S.C. 5376; hire of
passenger motor vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of modular
buildings and renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and for uniforms or allowances
therefore as authorized by 5 U.S.C. 5901-5902; and for expenses of
attendance at meetings which are concerned with the functions or
activities for which the appropriation is made or which will contribute
to improved conduct, supervision, or management of those functions or
activities: Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may be extended
health care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with funds
recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651-
53) shall be credited to the account of the facility providing the
service and shall be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation, funds
transferred from the Department of Housing and Urban Development to the
Indian Health Service shall be administered under Public Law 86-121 (the
Indian Sanitation Facilities Act) and Public Law 93-638, as amended:
Provided further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That
notwithstanding any other provision of law, funds previously or herein
made available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or title III of the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
may be deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title III of such
Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That none
of the funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That funds
made available in this Act are to be apportioned to the Indian Health
Service as appropriated in this Act, and accounted for in the
appropriation structure set forth in this Act: Provided further, That
funds received from any source, including tribal contractors and
compactors for previously transferred functions which tribal contractors
and compactors no longer wish to retain, for services, goods, or
training and technical assistance, shall be retained by the Indian
Health Service and shall remain available until expended by the Indian
Health Service: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and overhead
[[Page 110 STAT. 3009-215]]
associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance approval of the
House and Senate Committees on Appropriations.
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
indian education
For necessary expenses to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education Act
of 1965, as amended, and section 215 of the Department of Education
Organization Act, $61,000,000.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $19,345,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56, part A), $5,500,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science,
[[Page 110 STAT. 3009-216]]
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed thirty years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental,
repair, and cleaning of uniforms for employees; $317,557,000, of which
not to exceed $30,665,000 for the instrumentation program, collections
acquisition, Museum Support Center equipment and move, exhibition
reinstallation, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain available
until expended, and including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for the
Council of American Overseas Research Centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $3,850,000, to remain available until
expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings owned
or occupied by the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623),
including not to exceed $10,000 for services as authorized by 5 U.S.C.
3109, $39,000,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems, and
exterior repair or restoration of buildings of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
construction
For necessary expenses for construction, $10,000,000, to remain
available until expended.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership
[[Page 110 STAT. 3009-217]]
in library, museum, and art associations or societies whose publications
or services are available to members only, or to members at a price
lower than to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901-5902); purchase or rental
of devices and services for protecting buildings and contents thereof,
and maintenance, alteration, improvement, and repair of buildings,
approaches, and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by contracts
made, without advertising, with individuals, firms, or organizations at
such rates or prices and under such terms and conditions as the Gallery
may deem proper, $53,899,000, of which not to exceed $3,026,000 for the
special exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $5,942,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $10,875,000.
construction
For necessary expenses of capital repair and rehabilitation of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $9,000,000, to remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $82,734,000, shall be
available to the National Endowment for
[[Page 110 STAT. 3009-218]]
the Arts for the support of projects and productions in the arts through
assistance to organizations and individuals pursuant to section 5(c) of
the Act, and for administering the functions of the Act, to remain
available until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$16,760,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the Chairman or by grantees of the Endowment under
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $96,100,000 shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$13,900,000, to remain available until expended, of which $8,000,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the Chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Institute of Museum Services
grants and administration
For carrying out title II of the Arts, Humanities, and Cultural
Affairs Act of 1976, as amended, $22,000,000, to remain available until
expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National
[[Page 110 STAT. 3009-219]]
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $867,000.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956(a)), as amended, $6,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,500,000: Provided, That
none of these funds shall be available for the compensation of Executive
Level V or higher position.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C 71-71i), including services as authorized
by 5 U.S.C. 3109, $5,390,000: Provided, That all appointed members will
be compensated at a rate not to exceed the rate for Executive Schedule
Level IV.
Franklin Delano Roosevelt Memorial Commission
salaries and expenses
For necessary expenses of the Franklin Delano Roosevelt Memorial
Commission, established by the Act of August 11, 1955 (69 Stat. 694), as
amended by Public Law 92-332 (86 Stat. 401), $500,000 to remain
available until expended.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $30,707,000, of which
$1,575,000 for the Museum's repair and rehabilitation program and
$1,264,000 for the Museum's exhibitions program shall remain available
until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available
[[Page 110 STAT. 3009-220]]
for public inspection, except where otherwise provided under existing
law, or under existing Executive Order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such Committees.
Sec. 307. (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
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(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.
[[Page 110 STAT. 3009-221]]
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National Forest System
or Bureau of Land
Management lands in a manner different than such sales were conducted in
fiscal year 1995.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal of
the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. Where the actual costs of construction projects under
self-determination contracts, compacts, or grants, pursuant to Public
Laws 93-638, 103-413, or 100-297, are less than the estimated costs
thereof, use of the resulting excess funds shall be determined by the
appropriate Secretary after consultation with the tribes.
Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of
funds to tribes and tribal organizations under annual funding agreements
pursuant to section 108 of Public Law 93-638, as amended, may be made on
the first business day following the first day of a fiscal quarter.
Sec. 312. None of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps program, unless the relevant
agencies of the Department of the Interior and/or Agriculture follow
appropriate reprogramming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the VA-HUD and Independent
Agencies fiscal year 1997 appropriations bill, then none of the funds
appropriated or otherwise made available by this Act may be used for the
AmeriCorps programs.
Sec. 313. None of the funds made available in this Act may be used
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is made
known to the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 314. (a) None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to accept
or process applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) The provisions of subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim concerned: (1)
a patent application was filed with the Secretary on or before September
30, 1994, and (2) all requirements established under sections 2325 and
2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the
Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may
be, were fully complied with by the applicant by that date.
(c) Processing Schedule.--For those applications for patents
pursuant to subsection (b) which were filed with the Secretary of the
Interior, prior to September 30, 1994, the Secretary of the Interior
shall--
(1) Within three months of the enactment of this Act, file
with the House and Senate Committees on Appropriations and the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources
[[Page 110 STAT. 3009-222]]
of the United States Senate a plan which details how the
Department of the Interior will make a final determination as to
whether or not an applicant is entitled to a patent under the
general mining laws on at least 90 percent of such applications
within five years of the enactment of this Act and file reports
annually thereafter with the same committees detailing actions
taken by the Department of the Interior to carry out such plan;
and
(2) Take such actions as may be necessary to carry out such
plan.
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims or
mill sites contained in a patent application as set forth in subsection
(b). The Bureau of Land Management shall have the sole responsibility to
choose and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
Sec. 315. None of the funds appropriated or otherwise made available
by this Act may be used for the purposes of acquiring lands in the
counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for the Wayne
National Forest.
Sec. 316. Of the funds provided to the National Endowment for the
Arts:
(a) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made to
a State or local arts agency, or regional group, may be used to
make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in exchange for
goods and services.
(c) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 317. None of the funds available to the Department of the
Interior or the Department of Agriculture by this or any other Act may
be used to prepare, promulgate, implement, or enforce any interim or
final rule or regulation pursuant to Title VIII of the Alaska National
Interest Lands Conservation Act to assert jurisdiction, management, or
control over any waters (other than non-navigable waters on Federal
lands), non-Federal lands, or lands selected by, but not conveyed to,
the State of Alaska pursuant to the Submerged Lands Act of 1953 or the
Alaska Statehood Act, or an Alaska Native Corporation pursuant to the
Alaska Native Claims Settlement Act.
Sec. 318. No funds appropriated under this or any other Act shall be
used to review or modify sourcing areas previously approved under
section 490(c)(3) of the Forest Resources Conservation and Shortage
Relief Act of 1990 (Public Law 101-382) or to enforce or implement
Federal regulations 36 CFR part 223 promulgated
[[Page 110 STAT. 3009-223]]
on September 8, 1995. The regulations and interim rules in effect prior
to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 subpart
D, 36 CFR 223 subpart F, and 36 CFR 261.6) shall remain in effect. The
Secretary of Agriculture or the Secretary of the Interior shall not
adopt any policies concerning Public Law 101-382 or existing regulations
that would restrain domestic transportation or processing of timber from
private lands or impose additional accountability
requirements <<NOTE: 16 USC 620c note.>> on any timber. The Secretary
of Commerce shall extend until September 30, 1997, the order issued
under section 491(b)(2)(A) of Public Law 101-382 and shall issue an
order under section 491(b)(2)(B) of such law that will be effective
October 1, 1997.
Sec. 319. Section 101(c) of Public <<NOTE: 16 USC 460l-6a note.>>
Law 104-134 is amended as follows: Under the heading ``Title III--
General Provisions'' amend section 315(b) by striking ``50, areas,'' and
inserting in lieu thereof ``100, areas,'' and amend section 315(f) by
striking ``September 30, 1998'' and inserting in lieu thereof
``September 30, 1999'' and by striking ``September 30, 2001'' and
inserting in lieu thereof ``September 30, 2002''.
Sec. 320. None of the amounts made available by this Act may be used
for design, planning, implementation, engineering, construction, or any
other activity in connection with a scenic shoreline drive in Pictured
Rocks National Lakeshore.
Sec. 321. Land Transfer, Bend Silviculture Lab, Deschutes National
Forest, Oregon.--
(a) Transfer of real property and all improvements located
thereon.--Notwithstanding any other provisions of law, there is
hereby transferred, without consideration and subject to
existing valid rights, all right, title and interest of the
United States in and to approximately 5.73 acres of land as
described by plat dated July 7, 1977, (which is on file and
available for public inspection in the Office of the Chief, USDA
Forest Service, Washington, D.C.), as well as all improvements,
including the Bend Silviculture Lab located thereon, to the
Central Oregon Community College, Bend, Oregon; this being a
portion of the same tract acquired by donation from the City of
Bend on August 10, 1960, through a Bargain and Sale deed to the
USDA Forest Service for use as a research lab, and recorded in
volume 125, page 508 of the Deschutes County, Oregon, Deed
Records.
(b) Conditions of transfer.--The transfer effected by
subsection (a) is made subject to no special terms or
conditions.
Sec. 322. No part of any appropriation contained in this Act or any
other Act shall be expended or obligated to fund the activities of the
Office of Forestry and Economic Assistance, or any successor office
after December 31, 1996.
Sec. 323. (a) The Secretary of the Interior is authorized to accept
title to approximately 84 acres of land located in Prince Georges
County, Maryland, adjacent to Oxon Cove Park, and bordered generally by
the Potomac River, Interstate 295 and the Woodrow Wilson Bridge, or any
interest therein, and in exchange therefor may convey to the Corrections
Corporation of America approximately 50 acres of land located in Oxon
Cove Park in the District of Columbia and bordered generally by Oxon
Cove, Interstate 295 and the District of Columbia Impound Lot, or any
interest therein.
(b) Before proceeding with an exchange, the Secretary shall
determine if the federal property is suitable for exchange under
[[Page 110 STAT. 3009-224]]
the criteria normally used by the National Park Service. The exchange
shall comply with applicable regulations and National Park Service
policies for land exchanges.
(c)(1) The Secretary shall not acquire any lands under this section
if the Secretary determines that the lands or any portion thereof have
become contaminated with hazardous substances (as defined in the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 960l)).
(2) Notwithstanding any other provision of law, the United States
shall have no responsibility or liability with respect to any hazardous
wastes or other substances placed on any of the lands covered by this
section after their transfer to the ownership of any party, but nothing
in this section shall be construed as either diminishing or increasing
any responsibility or liability of the United States based on the
condition of such lands on the date of their transfer to the ownership
of another party: Provided, That the Corrections Corporation of America
shall indemnify the United States for liabilities arising under the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 960l) and the Resource Conservation Recovery Act (42 U.S.C.
690l, et seq.).
(d) The properties so exchanged either shall be approximately equal
in fair market value or if they are not approximately equal, shall be
equalized by the payment of cash to the Corporation or to the Secretary
as required or in the event the value of the Corporation's lands is
greater, the acreage may be reduced so that the fair market value is
approximately equal: Provided, That the Secretary shall order appraisals
made of the fair market value for improvements thereon: Provided
further, That any such cash payment received by the Secretary shall be
deposited to ``Miscellaneous Trust Funds, National Park Service'' and
shall be available without further appropriation until expended for the
acquisition of land within the National Park System.
(e) Costs of conducting necessary land surveys, preparing the legal
descriptions of the lands to be conveyed, performing the appraisals, and
administrative costs incurred in completing the exchange shall be borne
by the Corporation.
(f) Following any exchange authorized by this provision, the
boundaries of Oxon Cove Park shall be expanded to include the land
acquired by the United States.
Sec. 324. Section 1. Land Exchange.--
(a) Exchange.--Subject to subsection (c), the Secretary of
Agriculture (referred to in this section as the ``Secretary'')
shall convey all right, title, and interest of the United States
in and to the National Forest System lands described in
subsection (b)(1) to Public Utility District No. 1 of Chelan
County, Washington (referred to in this section as the ``Public
Utility District''), in exchange for the conveyance to the
Department of Agriculture by the Public Utility District of all
right, title, and interest of the Public Utility District in and
to the lands described in subsection (b)(2).
(b) Description of lands.--
(1) National Forest System Lands.--The National
Forest System lands referred to in subsection (a) are
122 acres, more or less, that are partially occupied by
a wastewater treatment facility referred to in
subsection (c)(4)(A) with the following legal
description:
[[Page 110 STAT. 3009-225]]
(A) The NE\1/4\ of SW\1/4\ of section 27 of
township 27 north, range 17 east, Willamette
Meridian, Chelan County, Washington.
(B) The N\1/2\ of SE\1/4\ of SW\1/4\ of such
section 27.
(C) The W\1/2\ of NW\1/4\ of SE\1/4\ of such
section 27.
(D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of such
section 27.
(E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of
such section 27.
(F) That portion of the S\1/2\ of SE\1/4\ of
SW\1/4\ lying north of the northerly edge of
Highway 209 right-of-way of such section 27.
(2) Public utility district lands.--The lands owned
by the Public Utility District are 109.15 acres, more or
less, with the following legal description:
(A) S\1/2\ of SW\1/4\ of section 35 of
township 26 north, range 17 east, Willamette
Meridian, Chelan County, Washington.
(B) The area specified by Public Utility
District No. 1 as Government Lot 5 in such section
35.
(c) Requirements for exchange.--
(1) Title acceptance and conveyance.--Upon offer by
the Public Utility District of all right, title and
interest in and to the lands described in subsection
(b)(2), if the title is found acceptable by the
Secretary, the Secretary shall accept title to such
lands and interests therein and shall convey to the
Public Utility District all right, title, and interest
of the United States in and to the lands described in
subsection (b)(1).
(2) Appraisals required.--Before making an exchange
pursuant to subsection (a), the Secretary shall conduct
appraisals of the lands that are subject to the exchange
to determine the fair market value of the lands. Such
appraisals shall not include the value of the wastewater
treatment facility referred to in paragraph (4)(A).
(3) Additional consideration.--If, on the basis of
the appraisals made under paragraph (1), the Secretary
determines that the fair market value of the lands to be
conveyed by one party under subsection (a) is less than
the fair market value of the lands to be conveyed by the
other party under subsection (a), then, as a condition
of making the exchange under subsection (a), the party
conveying the lands with the lesser value shall pay the
other party the amount by which the fair market value of
the lands of greater value exceeds the fair market value
of the lands of lesser value.
(4) Conveyance of wastewater treatment facility.--
(A) As part of an exchange made under subsection (a),
the Secretary shall convey to the Public Utility
District of Chelan County, Washington, all right, title
and interest of the United States in and to the
wastewater treatment facility (including the wastewater
treatment plant and associated lagoons) located on the
lands described in subsection (b)(1) that is in
existence on the date of the exchange.
[[Page 110 STAT. 3009-226]]
(B) As a condition for the exchange under subsection
(a), the Public Utility District shall provide for a
credit equal to the fair market value of the wastewater
treatment facility conveyed pursuant to subparagraph (A)
(determined as of November 4, 1991), that shall be
applied to the United States' share of any new
wastewater treatment facility constructed by the Public
Utility District after such date.
(d) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the exchange under this section as the Secretary determines
appropriate to protect the interests of the United States.
Sec. 325. ``Snoqualmie National Forest Boundary Adjustment Act of
1996.''
(a) In general.--The Secretary of Agriculture is hereby
directed to modify the boundary of the Snoqualmie National
Forest to include and encompass 10,589.47 acres, more or less,
as generally depicted on a map entitled ``Snoqualmie National
Forest Proposed 1996 Boundary Modification'' dated July, 1996.
Such map, together with a legal description of all lands
included in the boundary adjustment, shall be on file and
available for public inspection in the Office of the Chief of
the Forest Service in Washington, District of Columbia.
(b) Rule for land and water conservation fund.--For the
purposes of section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-9), the boundary of the Snoqualmie
National Forest, as modified pursuant to subsection (a), shall
be considered to be the boundary of that National Forest as of
January 1, 1965.
Sec. 326. Sugarbush Land Exchange Act of 1996.
(a) Exchange or sale of land.--
(1) If Sugarbush Resort Holdings, Inc. conveys to
the United States land acceptable to the Secretary of
Agriculture that is at least equal in value to the value
of the land described in subsection (a)(2), makes a
payment of cash at least equal to that value, or conveys
land and makes a payment of cash that in combination are
at least equal to that value, the Secretary, subject to
valid existing rights, shall, under such terms and
conditions as the Secretary may prescribe, convey all
right, title, and interest of the United States in and
to the land described in subsection (a)(2).
(2) Federal land to be exchanged.--The Federal land
to be exchanged is approximately 57 acres of federally
owned land in the Green Mountain National Forest
depicted on the map entitled ``Green Mountain National
Forest, Sugarbush Exchange,'' dated December 1995.
(3) Lands acquired from Sugarbush Resort Holdings,
Inc.--Any land conveyed to the United States in an
exchange under subsection (a)(1) shall be subject to
such valid existing rights of record as may be
acceptable to the Secretary, and the title to the parcel
shall conform with the title approval standards
applicable to federal land acquisitions.
(b) Administration of land.--
(1) Addition to green mountain national forest.--On
approval and acceptance of title by the Secretary, the
[[Page 110 STAT. 3009-227]]
land acquired by the United States through an exchange
or with proceeds from a sale under subsection (a) shall
become part of the Green Mountain National Forest, and
the boundaries of the National Forest shall be adjusted
to include the land.
(2) Administration.--Land acquired under this Act
shall be administered by the Secretary in accordance
with the laws (including regulations) pertaining to the
National Forest System.
(3) Authority of the secretary.--This section does
not limit the authority of the Secretary to adjust the
boundaries of the Green Mountain National Forest
pursuant to section 11 of the Act of March 1, 1911 (36
Stat. 963, chapter 186; 16 U.S.C. 521) (commonly known
as the ``Weeks Law'').
(4) For the purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the Green Mountain National Forest, as
adjusted under this Act, shall be considered to be the
boundaries of the Green Mountain National Forest as of
January 1, 1965.
Sec. 327. Snowbird Wilderness Study Area.
(a) In General.--Section 6(a)(4) of the North Carolina Wilderness
Act of 1984 (Public Law 98-324) is amended--
(1) by striking ``eight thousand four hundred and ninety
acres'' and inserting ``8,390 acres''; and
(2) by striking ``July 1983'' and inserting ``July 1996''.
(b) Management.--The Secretary of Agriculture shall manage the
area removed from wilderness study status by the amendments made by
subsection (a) in accordance with the provisions of law applicable to
adjacent areas outside the wilderness study area.
Sec. 328 <<NOTE: 16 USC 1132 note.>> . Renaming of Wilderness
Area.
(a) The Columbia Wilderness, created by the Oregon Wilderness Act
of 1984, Public Law 98-328, located in the Mt. Hood National Forest,
Oregon, shall be known and designated as the ``Mark O. Hatfield
Wilderness''.
(b) Any references in a law, map, regulation, document, paper, or
other record of the United States to the Columbia Wilderness shall be
deemed to be a reference to the ``Mark O. Hatfield Wilderness''.
Sec. 329. Notwithstanding any other provision of law, for fiscal
year 1997 the Secretaries of Agriculture and Interior are authorized to
limit competition for watershed restoration project contracts as part of
the ``Jobs in the Woods'' component of the President's Forest Plan for
the Pacific Northwest to individuals and entities in historically
timber-dependent areas in the States of Washington, Oregon, and northern
California that have been affected by reduced timber harvesting on
Federal lands.
Sec. 330. Section 9 of the Rhode Island Indian Claims Settlement
Act (25 U.S.C. 1708) is amended--
(1) by striking ``Sec. 9. Except as''; and inserting the
following:
``(a) In General.--Except as'';
(2) by striking the section heading and inserting the
following:
[[Page 110 STAT. 3009-228]]
``SEC. 9. APPLICABILITY OF STATE LAW; TREATMENT OF SETTLEMENT LANDS
UNDER THE INDIAN GAMING REGULATORY ACT.'';
and
(3) by adding at the end the following new subsection:
``(b) Treatment of Settlement Lands Under the Indian Gaming
Regulatory Act.--For purposes of the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.), settlement lands shall not be treated as Indian
lands.''.
TITLE IV--EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for management of lands and resources,
$3,500,000, to remain available until expended, to restore public lands
damaged by fire: Provided, That Congress hereby designates this amount
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 this amount shall be available only to the extent
that 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.
wildland fire management
For an additional amount for wildland fire management,
$100,000,000, to remain available until expended, for emergency
rehabilitation and wildfire suppression activities of the Department of
the Interior: Provided, That Congress hereby designates this amount 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 this amount shall be available only to the extent
that 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.
oregon and california grant lands
For an additional amount for Oregon and California grant lands,
$2,500,000, to remain available until expended, to restore public lands
damaged by fire: Provided, That Congress hereby designates this amount
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 this amount shall be available only to the extent
that 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.
[[Page 110 STAT. 3009-229]]
United States Fish and Wildlife Service
resource management
For an additional amount for resource management, $2,100,000, to
remain available until expended, of which $600,000 is to restore public
lands damaged by fire and $1,500,000 is address anti-terrorism
requirements: Provided, That Congress hereby designates this amount 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 this amount shall be available only to the extent
that 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.
construction
For an additional amount for construction, $15,891,000, to remain
available until expended, to repair damage caused by hurricanes, floods
and other acts of nature: Provided, That Congress hereby designates this
amount 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 this amount shall be available only to
the extent that 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.
National Park Service
operation of the national park system
For an additional amount for operation of the National park
system, $2,300,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates this
amount 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 this amount shall be available only to
the extent that 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.
construction
For an additional amount for construction, $9,300,000, to remain
available until expended, of which $3,000,000 is to repair damage caused
by hurricanes and $6,300,000 is to address anti-terrorism requirements:
Provided, That Congress hereby designates this amount 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 this amount shall be available only to the extent that 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
[[Page 110 STAT. 3009-230]]
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
United States Geological Survey
surveys, investigations, and research
For an additional amount for surveys, investigations, and
research, $1,138,000, to remain available until expended, to address
damage caused by hurricanes and floods: Provided, That Congress hereby
designates this amount 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 this amount shall be
available only to the extent that 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.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for operation of Indian programs,
$6,600,000, to remain available until expended, to repair damage caused
by floods and to restore Indian lands damaged by fire: Provided, That
Congress hereby designates this amount 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 this
amount shall be available only to the extent that 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.
construction
For an additional amount for construction, $6,000,000, to remain
available until expended, to repair damage caused by floods: Provided,
That Congress hereby designates this amount 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 this
amount shall be available only to the extent that 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.
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for the National Forest System,
$3,395,000, to remain available until expended, to repair damage caused
by hurricanes: Provided, That Congress hereby designates
[[Page 110 STAT. 3009-231]]
this amount 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 this amount shall be
available only to the extent that 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.
wildland fire management
For an additional amount for wildland fire management,
$550,000,000, to remain available until expended, for presuppression due
to emergencies, for emergency fire suppression on or adjacent to
National Forest System lands or other lands under fire protection
agreement and for emergency rehabilitation of burned over National
Forest System lands: Provided, That such funds are available for
repayment of advances from other appropriations accounts previously
transferred for such purposes: Provided further, That Congress hereby
designates this amount 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 this amount shall be
available only to the extent that 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.
reconstruction and construction
For an additional amount for reconstruction and construction,
$5,210,000, to remain available until expended, to repair damage caused
by hurricanes: Provided, That Congress hereby designates this amount 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 this amount shall be available only to the extent
that 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.
OTHER RELATED AGENCIES
Smithsonian Institution
salaries and expenses
For an additional amount for salaries and expenses, $935,000, to
remain available until expended, to address anti-terrorism requirements:
Provided, That Congress hereby designates this amount 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 this amount shall be available only to the extent that 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
[[Page 110 STAT. 3009-232]]
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For an additional amount for operations and maintenance,
$1,600,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates this
amount 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 this amount shall be available only to
the extent that 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.
construction
For an additional amount for construction, $3,400,000, to remain
available until expended, to address anti-terrorism requirements:
Provided, That Congress hereby designates this amount 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 this amount shall be available only to the extent that 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.
National Gallery of Art
salaries and expenses
For an additional amount for salaries and expenses, $382,000, to
remain available until expended, to address anti-terrorism requirements:
Provided, That Congress hereby designates this amount 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 this amount shall be available only to the extent that 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.
United States Holocaust Memorial Council
holocaust memorial council
For an additional amount for the Holocaust Memorial Council,
$1,000,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates this
amount 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 this amount
[[Page 110 STAT. 3009-233]]
shall be available only to the extent that 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.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 1997''.
(e) For programs, projects or activities in the Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 1997, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
AN ACT
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 1997, and for other purposes.
TITLE I-- <<NOTE: Department of Labor Appropriations Act,
1997.>> DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For expenses necessary to carry into effect the Job Training
Partnership Act, as amended, including the purchase and hire of
passenger motor vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real property for
training centers as authorized by the Job Training Partnership Act; the
Women in Apprenticeship and Nontraditional Occupations Act; the National
Skill Standards Act of 1994; and the School-to-Work Opportunities Act;
$4,719,703,000 plus reimbursements, of which $3,559,408,000 is available
for obligation for the period July 1, 1997 through June 30, 1998; of
which $88,685,000 is available for the period July 1, 1997 through June
30, 2000 for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers; and of which $200,000,000 shall be
available from July 1, 1997 through September 30, 1998, for carrying out
activities of the School-to-Work Opportunities Act: Provided, That
$52,502,000 shall be for carrying out section 401 of the Job Training
Partnership Act, $69,285,000 shall be for carrying out section 402 of
such Act, $7,300,000 shall be for carrying out section 441 of such Act,
$8,000,000 shall be for all activities conducted by and through the
National Occupational Information Coordinating Committee under such Act,
$895,000,000 shall be for carrying out title II, part A of such Act, and
$126,672,000 shall be for carrying out title II, part C of such Act:
Provided further, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers: Provided
further, That funds provided to carry out title III of the Job Training
Partnership Act shall not be subject to the limitation contained in
subsection (b) of section 315 of such Act; that the waiver allowing a
reduction in the cost limitation relating to retraining services
described in subsection (a)(2) of such section 315 may be granted with
respect to funds from this Act if a substate grantee demonstrates to the
Governor that such waiver is appropriate due to the availability of low-
cost retraining services, is necessary to facilitate the provision of
[[Page 110 STAT. 3009-234]]
needs-related payments to accompany long-term training, or is necessary
to facilitate the provision of appropriate basic readjustment services;
and that funds provided to carry out the Secretary's discretionary
grants under part B of such title III may be used to provide needs-
related payments to participants who, in lieu of meeting the
requirements relating to enrollment in training under section 314(e) of
such Act, are enrolled in training by the end of the sixth week after
grant funds have been awarded: Provided further, That service delivery
areas may transfer funding provided herein under authority of titles II-
B and II-C of the Job Training Partnership Act between the programs
authorized by those titles of that Act, if such transfer is approved by
the Governor: Provided further, That service delivery areas and substate
areas may transfer up to 20 percent of the funding provided herein under
authority of title II-A and title III of the Job Training Partnership
Act between the programs authorized by those titles of the Act, if such
transfer is approved by the Governor: Provided further, That,
notwithstanding any other provision of law, any proceeds from the sale
of Job Corps center facilities shall be retained by the Secretary of
Labor to carry out the Job Corps program: Provided further, That
notwithstanding any
other provision of law, the Secretary of Labor may waive any of the
statutory or regulatory requirements of titles I-III of the Job Training
Partnership Act (except for requirements relating to wage and labor
standards, worker rights, participation and protection, grievance
procedures and judicial review, nondiscrimination, allocation of funds
to local areas, eligibility, review and approval of plans, the
establishment and functions of service delivery areas and private
industry councils, and the basic purposes of the Act), and any of the
statutory or regulatory requirements of sections 8-10 of the Wagner-
Peyser Act (except for requirements relating to the provision of
services to unemployment insurance claimants and veterans, and to
universal access to basic labor exchange services without cost to job
seekers), only for funds available for expenditure in program year 1997,
pursuant to a request submitted by a State which identifies the
statutory or regulatory requirements that are requested to be waived and
the goals which the State or local service delivery areas intend to
achieve, describes the actions that the State or local service delivery
areas have undertaken to remove State or local statutory or regulatory
barriers, describes the goals of the waiver and the expected
programmatic outcomes if the request is granted, describes the
individuals impacted by the waiver, and describes the process used to
monitor the progress in implementing a waiver, and for which notice and
an opportunity to comment on such request has been provided to the
organizations identified in section 105(a)(1) of the Job Training
Partnership Act, if and only to the extent that the Secretary determines
that such requirements impede the ability of the State to implement a
plan to improve the workforce development system and the State has
executed a Memorandum of Understanding with the Secretary requiring such
State to meet agreed upon outcomes and implement other appropriate
measures to ensure accountability: Provided further, That the Secretary
of Labor shall establish a workforce <<NOTE: 29 USC 1732
note.>> flexibility (work-flex) partnership demonstration program under
which the Secretary shall authorize not more than six States, of which
at least three States shall each have populations not in excess of
3,500,000, with a preference given to those States that have been
[[Page 110 STAT. 3009-235]]
designated Ed-Flex Partnership States under section 311(e) of Public Law
103-227, to waive any statutory or regulatory requirement applicable to
service delivery areas or substate areas within the State under titles
I-III of the Job Training Partnership Act (except for requirements
relating to wage and labor standards, grievance procedures and judicial
review, nondiscrimination, allotment of funds, and eligibility), and any
of the statutory or regulatory requirements of sections 8-10 of the
Wagner-Peyser Act (except for requirements relating to the provision of
services to unemployment insurance claimants and veterans, and to
universal access to basic labor exchange services without cost to job
seekers), for a duration not to exceed the waiver period authorized
under section 311(e) of Public Law 103-227, pursuant to a plan submitted
by such States and approved by the Secretary for the provision of
workforce employment and training activities in the States, which
includes a description of the process by which service delivery areas
and substate areas may apply for and have waivers approved by the State,
the requirements of the Wagner-Peyser Act to be waived, the outcomes to
be achieved and other measures to be taken to ensure appropriate
accountability for federal funds.
Community Service Employment for Older Americans
(transfer of funds)
To carry out the activities for national grants or contracts with
public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans Act
of 1965, as amended, or to carry out older worker activities as
subsequently authorized, $361,140,000, including $21,840,000 which shall
be available for the period ending June 30, 1997.
To carry out the activities for grants to States under paragraph
(3) of section 506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as subsequently
authorized, $101,860,000, including $6,160,000 which shall be available
for the period ending June 30, 1997.
The funds appropriated under this heading shall be transferred to
the Department of Health and Human Services, ``Aging Services Programs''
following the enactment of legislation authorizing the administration of
the program by that Department.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I, and for training, for
allowances for job search and relocation, and for related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $324,500,000, together
with such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
state unemployment insurance and employment service operations
For authorized administrative expenses, $173,452,000, together
with not to exceed $3,146,826,000 (including not to exceed
[[Page 110 STAT. 3009-236]]
$1,653,000 which may be used for amortization payments to States which
had independent retirement plans in their State employment service
agencies prior to 1980, and including not to exceed $2,000,000 which may
be obligated in contracts with non-State entities for activities such as
occupational and test research activities which benefit the Federal-
State Employment Service System), which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund including the cost of administering section 1201 of the Small
Business Job Protection Act of 1996, section 7(d) of the Wagner-Peyser
Act, as amended, the Trade Act of 1974, as amended, the Immigration Act
of 1990, and the Immigration and Nationality Act, as amended, and of
which the sums available in the allocation for activities authorized by
title III of the Social Security Act, as amended (42 U.S.C. 502-504),
and the sums available in the allocation for necessary administrative
expenses for carrying out 5 U.S.C. 8501-8523, shall be available for
obligation by the States through December 31, 1997, except that funds
used for automation acquisitions shall be available for obligation by
States through September 30, 1999; and of which $23,452,000, together
with not to exceed $738,283,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the period July
1, 1997 through June 30, 1998, to fund activities under the Act of June
6, 1933, as amended, including the cost of penalty mail authorized under
39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments
for such purpose, and of which $216,333,000 shall be available only to
the extent necessary for additional State allocations to administer
unemployment compensation laws to finance increases in the number of
unemployment insurance claims filed and claims paid or changes in a
State law: Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 1997 is
projected by the Department of Labor to exceed 2,828,000 an additional
$28,600,000 shall be available for obligation for every 100,000 increase
in the AWIU level (including a pro rata amount for any increment less
than 100,000) from the Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career center
network may be obligated in contracts, grants or agreements with non-
State entities: Provided further, That funds appropriated under this Act
for activities authorized under the Wagner-Peyser Act, as amended, and
title III of the Social Security Act, may be used by the States to fund
integrated Employment Service and Unemployment Insurance automation
efforts, notwithstanding cost allocation principles prescribed under
Office of Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act, as
amended, and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1954, as amended; and
for nonrepayable advances to the Unemployment Trust Fund as authorized
by section 8509 of title 5, United States Code, section 104(d) of Public
Law 102-164, and section 5 of Public Law 103-6, and to the ``Federal
unemployment benefits
[[Page 110 STAT. 3009-237]]
and allowances'' account, to remain available until September 30, 1998,
$373,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
1997, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
program administration
For expenses of administering employment and training programs and
for carrying out section 908 of the Social Security Act, $81,393,000,
together with not to exceed $39,977,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for Pension and Welfare Benefits
Administration, $77,083,000, of which $6,000,000 shall remain available
through September 30, 1998 for expenses of revising the processing of
employee benefit plan returns.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 1997, for such Corporation: Provided, That
not to exceed $10,345,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corporation
in connection with the termination of pension plans, for the
acquisition, protection or management, and investment of trust assets,
and for benefits administration services shall be considered as non-
administrative expenses for the purposes hereof, and excluded from the
above limitation.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $290,422,000, together with
$983,000 which may be expended from the Special Fund in accordance with
sections 39(c) and 44(j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That the Secretary of Labor is authorized to
accept, retain, and spend, until expended, in the name of the Department
of Labor, all sums of money ordered to be paid to the Secretary of
Labor, in accordance with the terms of the Consent Judgment in Civil
[[Page 110 STAT. 3009-238]]
Action No. 91-0027 of the United States District Court for the District
of the Northern Mariana Islands (May 21, 1992): Provided further, That
the Secretary of Labor is authorized to establish and, in accordance
with 31 U.S.C. 3302, collect and deposit in the Treasury fees for
processing applications and issuing certificates under sections 11(d)
and 14 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C.
211(d) and 214) and for processing applications and issuing
registrations under Title I of the Migrant and Seasonal Agricultural
Worker Protection Act, 29 U.S.C. 1801 et seq.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title 5, chapter 81 of the United States Code;
continuation of benefits as provided for under the head ``Civilian War
Benefits'' in the Federal Security Agency Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation Act, 1944; and sections
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and
50 per centum of the additional compensation and benefits required by
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
amended, $213,000,000 together with such amounts as may be necessary to
be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year: Provided, That such sums as are necessary may be
used under section 8104 of title 5, United States Code, by the Secretary
to reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a reemployed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 1996, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation from the
Postal Service and from any other corporation or instrumentality
required under section 8147(c) of title 5, United States Code, to pay an
amount for its fair share of the cost of administration, such sums as
the Secretary of Labor determines to be the cost of administration for
employees of such fair share entities through September 30, 1997:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration, $11,390,000
shall be made available to the Secretary of Labor for expenditures
relating to capital improvements in support of Federal Employees'
Compensation Act administration, and the balance of such funds shall be
paid into the Treasury as miscellaneous receipts: Provided further, That
the Secretary may require that any person filing a notice of injury or a
claim for benefits under
Subchapter 5, U.S.C., chapter 81, or under subchapter 33, U.S.C. 901, et
seq. (the Longshore and Harbor Workers' Compensation Act, as amended),
provide as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations may
prescribe.
[[Page 110 STAT. 3009-239]]
black lung disability trust fund
(including transfer of funds)
For payments from the Black Lung Disability Trust Fund,
$1,007,644,000, of which $961,665,000 shall be available until September
30, 1998, for payment of all benefits as authorized by section 9501(d)
(1), (2), (4), and (7) of the Internal Revenue Code of 1954, as amended,
and interest on advances as authorized by section 9501(c)(2) of that
Act, and of which $26,071,000 shall be available for transfer to
Employment Standards Administration, Salaries and Expenses, $19,621,000
for transfer to Departmental Management, Salaries and Expenses, and
$287,000 for transfer to Departmental Management, Office of Inspector
General, for expenses of operation and administration of the Black Lung
Benefits program as authorized by section 9501(d)(5)(A) of that Act:
Provided, That, in addition, such amounts as may be necessary may be
charged to the subsequent year appropriation for the payment of
compensation, interest, or other benefits for any period subsequent to
August 15 of the current year: Provided further, That in addition such
amounts shall be paid from this fund into miscellaneous receipts as the
Secretary of the Treasury determines to be the administrative expenses
of the Department of the Treasury for administering the fund during the
current fiscal year, as authorized by section 9501(d)(5)(B) of that Act.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $325,734,000, including not to exceed $77,354,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act, which grants shall be
no less than fifty percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by the
Secretary under section 18 of the Occupational Safety and Health Act of
1970; and, in addition, notwithstanding 31 U.S.C. 3302, the <<NOTE: 29
USC 670 note.>> Occupational Safety and Health Administration may retain
up to $750,000 per fiscal year of training institute course tuition
fees, otherwise authorized by law to be collected, and may utilize such
sums for occupational safety and health training and education grants:
Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor
is authorized, during the fiscal year ending September 30, 1997, to
collect and retain fees for services provided to Nationally Recognized
Testing Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Occupational Safety and Health Act of
1970 which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs ten
or fewer employees: Provided further, That no funds appropriated under
[[Page 110 STAT. 3009-240]]
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or
order under the Occupational Safety and Health Act of 1970 with respect
to any employer of ten or fewer employees who is included within a
category having an occupational injury lost workday case rate, at the
most precise Standard Industrial Classification Code for which such data
are published, less than the national average rate as such rates are
most recently published by the Secretary, acting through the Bureau of
Labor Statistics, in accordance with section 24 of that Act (29 U.S.C.
673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act: Provided further, That the foregoing
proviso shall not apply to any person who is engaged in a
farming operation which does not maintain a temporary labor camp
and employs ten or fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $197,810,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire <<NOTE: 30 USC 962.>> of passenger motor vehicles;
the Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private;
the Mine Safety and Health Administration is authorized to promote
health and safety education and training in the mining community through
cooperative programs with States, industry, and safety associations; and
any funds available to the Department may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster: Provided, That none of the
funds appropriated under this paragraph shall be obligated or expended
to carry out section 115 of the Federal Mine Safety and Health Act of
1977 or to carry out that portion of section 104(g)(1) of such Act
relating to the enforcement of any training requirements, with respect
to shell dredging, or with respect to any sand, gravel, surface stone,
surface clay, colloidal phosphate, or surface limestone mine.
[[Page 110 STAT. 3009-241]]
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State,
Federal, and local agencies and their employees for services rendered,
$309,647,000, of which $16,145,000 shall be for expenses of revising the
Consumer Price Index and shall remain available until September 30,
1998, together with not to exceed $52,053,000, which may be expended
from the Employment Security Administration account in the Unemployment
Trust Fund.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including up to $4,358,000 for the President's
Committee on Employment of People With Disabilities, $144,211,000;
together with not to exceed $297,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund: Provided, That <<NOTE: 33 USC 921 note.>> no funds made available
by this Act may be used by the Solicitor of Labor to participate in a
review in any United States court of appeals of any decision made by the
Benefits Review Board under section 21 of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 921) where such participation is
precluded by the decision of the United States Supreme Court in
Director, Office of Workers' Compensation Programs v. Newport News
Shipbuilding, 115 S. Ct. 1278 (1995): Provided further, That no funds
made available by this Act may be used by the Secretary of Labor to
review a decision under the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 901 et seq.) that has been appealed and that has been
pending before the Benefits Review Board for more than 12 months:
Provided further, That any such decision pending a review by the
Benefits Review Board for more than one year shall be considered
affirmed by the Benefits Review Board on that date, and shall be
considered the final order of the Board for purposes of obtaining a
review in the United States courts of appeals: Provided further, That
these provisions shall not be applicable to the review of any decision
issued under the Black Lung Benefits Act (30 U.S.C. 901 et seq.).
assistant secretary for veterans employment and training
Not to exceed $181,949,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A and 4321-4327, and Public Law
103-353, and which shall be available for obligation by the States
through December 31, 1997.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $42,938,000, together with not to exceed $3,543,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
[[Page 110 STAT. 3009-242]]
general provisions
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of $125,000.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least fifteen
days in advance of any transfer.
Sec. 103. Funds shall be available for carrying out title IV-B of
the Job Training Partnership Act, notwithstanding section 427(c) of that
Act, if a Job Corps center fails to meet national performance standards
established by the Secretary.
Sec. 104. Effective January 1, 1997, no funds appropriated or
otherwise made available to the Department of Labor in this title shall
be disbursed without the approval of the Department's Chief Financial
Officer or his delegatee.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of Labor may waive any of the requirements contained in
sections 4, 104, 105, 107, 108, 121, 164, 204, 253, 254, 264, 301, 311,
313, 314, and 315 of the Job Training Partnership Act in order to assist
States in improving State workforce development systems, pursuant to a
request submitted by a State that has prior to the date of enactment of
this Act executed a Memorandum of Understanding with the United States
requiring such State to meet agreed upon outcomes.
This title may be cited as the ``Department of Labor
Appropriations Act, 1997''.
TITLE II--DEPARTMENT OF HEALTH <<NOTE: Department of Health and Human
Services Appropriations Act, 1997.>> AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XII, XVI, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V of the Social Security Act, the
Health Care Quality Improvement Act of 1986, as amended, and the Native
Hawaiian Health Care Act of 1988, as amended, $3,405,019,000, of which
$297,000 shall remain available until expended for interest subsidies on
loan guarantees made prior to fiscal year 1981 under part B of title VII
of the Public Health Service Act: Provided, That the Division of Federal
Occupational Health may utilize personal services contracting to employ
professional management/administrative and occupational health
professionals: Provided further, That of the funds made available under
this heading, $828,000 shall be available until expended for facilities
renovations at the Gillis W. Long Hansen's Disease
[[Page 110 STAT. 3009-243]]
Center: Provided further, That in addition to fees authorized by section
427(b) of the Health Care Quality Improvement Act of 1986, fees shall be
collected for the full disclosure of information under the Act
sufficient to recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until expended to
carry out that Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law 104-73: Provided
further, That of the funds made available under this heading,
$198,452,000 shall be for the program under title X of the Public Health
Service Act to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided further,
That $167,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act and shall be
distributed to States as authorized by section 2618(b)(2) of such Act:
Provided further, That notwithstanding any other provision of law, funds
made available under this heading may be used to continue operating the
Council on Graduate Medical Education established by section 301 of
Public Law 102-408: Provided further, That, of the funds made available
under this
heading, not more than $8,000,000 shall be made available and shall
remain available until expended for loan guarantees for loans made by
non-Federal lenders for the construction, renovation, and modernization
of medical facilities that are owned and operated by health centers
funded under part A of title XVI of the Public Health Service Act as
amended, and, subject to authorization, for loans made to health centers
for the costs of developing and operating managed care networks or
plans, and that such funds be available to subsidize guarantees of total
loan principal in an amount not to exceed $80,000,000: Provided further,
That notwithstanding section 502(a)(1) of the Social Security Act, not
to exceed $103,609,000 is available for carrying out special projects of
regional and national significance pursuant to section 501(a)(2) of such
Act.
medical facilities guarantee and loan fund
federal interest subsidies for medical facilities
For carrying out subsections (d) and (e) of section 1602 of the
Public Health Service Act, $7,000,000, together with any amounts
received by the Secretary in connection with loans and loan guarantees
under title VI of the Public Health Service Act, to be available without
fiscal year limitation for the payment of interest subsidies. During the
fiscal year, no commitments for direct loans or loan guarantees shall be
made.
health education assistance loans program
For the cost of guaranteed loans, such sums as may be necessary to
carry out the purpose of the program, as authorized by title VII of the
Public Health Service Act, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of
[[Page 110 STAT. 3009-244]]
1974: Provided further, That these funds are available to subsidize
gross obligations for the total loan principal any part of which is to
be guaranteed at not to exceed $140,000,000. In addition, for
administrative expenses to carry out the guaranteed loan program,
$2,688,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,000,000 shall be
available from the Trust Fund to the Secretary of Health and Human
Services.
vaccine injury compensation
For payment of claims resolved by the United States Court of
Federal Claims related to the administration of vaccines before October
1, 1988, $110,000,000, to remain available until expended.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, and XIX of the
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301,
and 501 of the Federal Mine Safety and Health Act of 1977, and sections
20, 21 and 22 of the Occupational Safety and Health Act of 1970, title
IV of the Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980; including insurance of official motor
vehicles in foreign countries; and hire, maintenance, and operation of
aircraft, $2,262,698,000, of which $30,553,000 shall remain available
until expended for equipment and construction and renovation of
facilities, and of which $32,000,000 shall remain
available until September 30, 1998 for mine safety and health
activities, and in addition, such sums as may be derived from authorized
user fees, which shall be credited to this account: Provided, That in
addition to amounts provided herein, up to $48,400,000 shall be
available from amounts available under section 241 of the Public Health
Service Act, to carry out the National Center for Health Statistics
surveys: Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease Control and
Prevention may be used to advocate or promote gun control: Provided
further, That the Director may redirect the total amount made available
under authority of Public Law 101-502, section 3, dated November 3,
1990, to activities the Director may so designate: Provided further,
That the Congress is to be notified promptly of any such transfer:
Provided further, That the functions described in clause <<NOTE: 30 USC
1 note.>> (1) of the first proviso under the subheading ``mines and
minerals'' under the heading ``Bureau of Mines'' in the text of title I
of the Department of the Interior and Related Agencies Appropriations
Act, 1996, as enacted by section 101 (c) of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134), are
hereby transferred to, and vested in, the Secretary of Health
[[Page 110 STAT. 3009-245]]
and Human Services, subject to section 1531 of title 31, United States
Code: Provided further, That of the amount provided, $23,000,000 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.
In addition, $41,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40151 and 40261 of
Public Law 103-322.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $2,382,532,000.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $1,433,001,000.
national institute of dental research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $195,997,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$815,982,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$726,746,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$1,257,234,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $998,470,000.
national institute of child health and human development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$631,703,000.
[[Page 110 STAT. 3009-246]]
national eye institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$332,735,000.
national institute of environmental health sciences
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$308,819,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $486,047,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $257,111,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$188,422,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $59,743,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $212,004,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $489,375,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $701,585,000.
national center for research resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $415,145,000: Provided, That none of these funds shall
be used to pay recipients of the general research support grants program
any amount for indirect expenses in connection with such grants:
Provided further, That $20,000,000 shall be for extramural facilities
construction grants.
[[Page 110 STAT. 3009-247]]
national center for human genome research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $189,657,000.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $26,586,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$151,103,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 1997,
the Library may enter into personal services contracts for the provision
of
services in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $287,206,000, of which
$35,589,000 shall be for the Office of AIDS Research: Provided, That
funding shall be available for the purchase of not to exceed five
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this Act to all National Institutes of Health
appropriations to activities the Director may so designate: Provided
further, That no such appropriation shall be increased or decreased by
more than 1 percent by any such transfers and that the Congress is
promptly notified of the transfer: Provided further, That NIH is
authorized to collect third party payments for the cost of clinical
services that are incurred in National Institutes of Health research
facilities and that such payments shall be credited to the National
Institutes of Health Management Fund: Provided further, That all funds
credited to the NIH Management Fund shall remain available for one
fiscal year after the fiscal year in which they are deposited: Provided
further, That up to $200,000 shall be available to carry out section 499
of the Public Health Service Act.
buildings and facilities
For the study of, construction of, and acquisition of equipment
for, facilities of or used by the National Institutes of Health,
including the acquisition of real property, $200,000,000, to remain
available until expended, of which $90,000,000 shall be for the clinical
research center: Provided, That, notwithstanding any other provision of
law, a single contract or related contracts for the development and
construction of the clinical research center may be employed which
collectively include the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18.
[[Page 110 STAT. 3009-248]]
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986,
section 30401 of Public Law 103-322 and section 301 of the Public Health
Service Act with respect to program management, $2,134,743,000, of which
$5,000,000 shall be for grants to rural and Native American projects and
$12,800,000 shall be for activities authorized by section 30401 of
Public Law 103-322.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, and for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal year.
Agency for Health Care Policy and Research
health care policy and research
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security
Act, $96,175,000; in addition, amounts received from Freedom of
Information Act fees, reimbursable and interagency agreements, and the
sale of data tapes shall be credited to this appropriation and shall
remain available until expended: Provided, That the amount made
available pursuant to section 926(b) of the Public Health Service Act
shall not exceed $47,412,000.
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $75,056,618,000, to remain available until
expended.
For making, after May 31, 1997, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 1997 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States under title XIX of the Social
Security Act for the first quarter of fiscal year 1998, $27,988,993,000,
to remain available until expended.
Payment under title XIX may be made for any quarter with respect
to a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
[[Page 110 STAT. 3009-249]]
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
of the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $60,079,000,000.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
and XIX of the Social Security Act, title XIII of the Public Health
Service Act, and the Clinical Laboratory Improvement Amendments of 1988,
not to exceed $1,735,125,000 to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust Funds,
as authorized by section 201(g) of the Social Security Act; together
with all funds collected in accordance with section 353 of the Public
Health Service Act, the latter funds to remain available until expended,
together with such sums as may be collected from authorized user fees
and the sale of data, which shall remain available until expended:
Provided, That all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the Public Health Service
Act are to be credited to and available for carrying out the purposes of
this appropriation.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the Public
Health Service Act, to be available without fiscal year limitation for
the payment of outstanding obligations. During fiscal year 1997, no
commitments for direct loans or loan guarantees shall be made.
Administration for Children and Families
family support payments to states
For making payments of such sums as necessary to each State for
carrying out the program of Aid to Families with Dependent Children
under title IV-A of the Social Security Act in fiscal year 1997 before
the effective date of the program of Temporary Assistance to Needy
Families (TANF) with respect to such State: Provided, That the sum of
the amounts available to a State with respect to expenditures under such
title IV-A in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.
For making payments to States for carrying out title IV-A (other
than section 402(g)(6)) of the Social Security Act in calendar quarters
prior to October 1, 1996, such sums as may be necessary.
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security
[[Page 110 STAT. 3009-250]]
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,158,000,000 to
remain available until expended.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act, for the last three months of the
current year for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9) for the first quarter of fiscal
year 1998, $607,000,000, to remain available until expended.
job opportunities and basic skills
For carrying out aid to families with dependent children work
programs, as authorized by part F of title IV of the Social Security
Act, $1,000,000,000.
low income home energy assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,000,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,000,000,000, to be available for
obligation in the period October 1, 1997 through September 30, 1998.
refugee and entrant assistance
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $412,076,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act under Public Law
103-333 for fiscal year 1995 shall be available for the costs of
assistance provided and other activities conducted in such year and in
fiscal years 1996 and 1997.
child care and development block grant
(including transfer of funds)
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), $956,120,000, of which $937,000,000 shall become available
on October 1, 1997 and shall remain available through September 30,
1998: Provided, That $19,120,000 shall become available for obligation
on October 1, 1996 for child care resource and referral and school-aged
child care activities, of which
$6,120,000 shall be derived from an amount that shall be transferred
from the amount appropriated under section 452(j) of the Social Security
Act (42 U.S.C. 652(j)) for fiscal year 1996 and remaining available for
expenditure.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $2,500,000,000: Provided, That notwithstanding section
2003(c) of such Act, as amended, the amount specified
[[Page 110 STAT. 3009-251]]
for allocation under such section for fiscal year 1997 shall be
$2,500,000,000.
children and families services programs
(including rescissions)
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, the Temporary Child Care for Children with Disabilities
and Crisis Nurseries Act of 1986, section 429A, part B of title IV of
the Social Security Act, section 413 of the Social Security Act, the
Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of Public Law 95-266 (adoption
opportunities), the Abandoned Infants Assistance Act of 1988, and part
B(1) of title IV of the Social Security Act; for making payments under
the Community Services Block Grant Act; and for necessary administrative
expenses to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and
XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch.
9), the Omnibus Budget Reconciliation Act of 1981, title IV of the
Immigration and Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, and section 126 and titles IV and V of Public
Law 100-485, $5,363,569,000, of which $536,432,000 shall be for making
payments under the Community Services Block Grant Act: Provided, That to
the extent Community Services Block Grant funds are distributed as grant
funds by a State to an eligible entity as provided under the Act, and
have not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further, That of the
amount appropriated for fiscal year 1997 under section 672(a) of the
Community Services Block Grant Act, the Secretary shall use up to one
percent of the funds available to correct allocation errors that
occurred in fiscal year 1995 and fiscal year 1996 to ensure that the
minimum allotment to each State for each of fiscal years 1995 and 1996
would be $2,222,460: Provided further, That no more than one-half of one
percent of the funds available under section 672(a) shall be used for
the purposes of section 674(a) of the Community Services Block Grant
Act.
In addition, $20,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40155, 40211 and 40241
of Public Law 103-322.
Funds appropriated for fiscal year 1996 and fiscal year 1997 under
section 429A(e), part B of title IV of the Social Security Act shall be
reduced by $6,000,000 in each such year.
Funds appropriated for fiscal year 1997 under section 413(h)(1) of
the Social Security Act shall be reduced by $15,000,000.
family preservation and support
For carrying out section 430 of the Social Security Act,
$240,000,000.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities, under
title IV-E of the Social Security Act, $4,445,031,000.
[[Page 110 STAT. 3009-252]]
For making payments to States or other non-Federal entities, under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 1998, $1,111,000,000.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, $830,168,000: Provided, That
notwithstanding section 308(b)(1) of such Act, the amounts available to
each State for administration of the State plan under title III of such
Act shall be reduced not more than 5 percent below the amount that was
available to such State for such purpose for fiscal year 1995: Provided
further, That in considering grant applications for nutrition services
for elder Indian recipients, the Assistant Secretary shall provide
maximum flexibility to applicants who seek to take into account
subsistence, local customs and other characteristics that are
appropriate to the unique cultural, regional and geographic needs of the
American Indian, Alaskan and Hawaiian native communities to be served.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, and XX of the Public Health Service Act,
$174,523,000, together with $5,851,000, to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund: Provided, That of the funds made available under this
heading for carrying out title XVII of the Public Health Service Act,
$11,500,000 shall be available until expended for extramural
construction: Provided further, That notwithstanding section 2010 (b)
and (c) under title XX of the Public Health Service Act, as amended, of
the funds made available under this heading, $10,879,000 shall be for
activities specified under section 2003(b)(2) of title XX of the Public
Health Service Act, as amended, and of which $9,011,000 shall be for
prevention grants under section 510(b)(2) of title V of the Social
Security Act, as amended: Provided further, That of the amount provided,
$5,775,000 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.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $32,999,000, together with any funds, to remain available until
expended, that represent the equitable share from the forfeiture of
property in investigations in which the Office of Inspector General
participated, and which are transferred to the Office of Inspector
General by the Department of Justice, the Department of the Treasury, or
the United States Postal Service.
[[Page 110 STAT. 3009-253]]
office for civil rights
For expenses necessary for the Office for Civil Rights,
$16,216,000, together with not to exceed $3,314,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and section 301(l)
of Public Law 104-191, $18,500,000: Provided, That $9,500,000, to remain
available until September 30, 1998, shall be for carrying out section
301(l) of Public Law 104-191.
general provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be
used to implement section 399L(b) of the Public Health Service Act or
section 1503 of the National Institutes of Health Revitalization Act of
1993, Public Law 103-43.
Sec. 204. None of the funds made available by this Act may be used
to withhold payment to any State under the Child Abuse Prevention and
Treatment Act by reason of a determination that the State is not in
compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of
Federal Regulations. This provision expires upon the date of enactment
of the reauthorization of the Child Abuse Prevention and Treatment Act.
Sec. 205. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of $125,000 per year.
Sec. 206. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in the Department of
Health and Human Services, prior to the Secretary's preparation and
submission of a report to the Committee on Appropriations of the Senate
and of the House detailing the planned uses of such funds.
(transfer of funds)
Sec. 207. Of the funds appropriated or otherwise made available
for the Department of Health and Human Services, General Departmental
Management, for fiscal year 1997, the Secretary of Health and Human
Services shall transfer to the Office of the Inspector General such sums
as may be necessary for any expenses
[[Page 110 STAT. 3009-254]]
with respect to the provision of security protection for the Secretary
of Health and Human Services.
Sec. 208. None of the funds appropriated in this Act may be
obligated or expended for the Federal Council on Aging under the Older
Americans Act or the Advisory Board on Child Abuse and Neglect under the
Child Abuse Prevention and Treatment Act.
(transfer of funds)
Sec. 209. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the current fiscal year for the
Department of Health and Human Services in this Act may be transferred
between appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
Appropriations Committees of both Houses of Congress are notified at
least fifteen days in advance of any transfer.
(transfer of funds)
Sec. 210. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may transfer
up to 3 percent among institutes, centers, and divisions from the total
amounts identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
(transfer of funds)
Sec. 211. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to the
human immunodeficiency virus, as jointly determined by the Director of
NIH and the Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The Director of
the Office of AIDS Research shall transfer from such account amounts
necessary to carry out section 2353(d)(3) of the Public Health Service
Act.
Sec. 212. Not later than January 1, 1997, the Administrator of the
Health Care Financing Administration, with the advice and technical
assistance of the Agency for Health Care Policy and Research, shall
transmit to the appropriate committees of the Congress a report
including--
(1) a review of all available studies and research data on the
treatment of end-stage emphysema and chronic obstructive pulmonary
disease by both unilateral and bilateral lung volume reduction surgery,
involving both invasive and noninvasive surgery and supplemental
surgical methods, including laser applications; and
(2) a recommendation, based on such review, as to the
appropriateness of Medicare coverage of such procedures and the
conditions, if necessary, that facilities and physicians should be
required to meet, to ensure the efficacy of such procedures, as more
detailed clinical studies are conducted.
Sec. 213. Section 304(a)(1) of the Family Violence Prevention and
Services Act (42 U.S.C. 10403(a)(1)) is amended by striking ``$200,000''
and inserting ``$400,000''.
[[Page 110 STAT. 3009-255]]
Sec. 214. The new clinical research center at the National
Institutes of Health is hereby named the Mark O. Hatfield Clinical
Research Center.
Sec. 215. Section 345 of Public Law 104-193 <<NOTE: 42 USC 652,
653.>> is amended by replacing ``section 457(a)'' wherever it appears
with ``a plan approved under this part''. Amounts available under
such <<NOTE: 42 USC 652 note.>> section shall be calculated as though
such section were effective October 1, 1995.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 1997''.
TITLE III-- <<NOTE: Department of Education Appropriations Act,
1997.>> DEPARTMENT OF EDUCATION
education reform
For carrying out activities authorized by titles III and IV of the
Goals 2000: Educate America Act and the School-to-Work Opportunities
Act, $691,000,000, of which $476,000,000 for the Goals 2000: Educate
America Act and $200,000,000 for the School-to-Work Opportunities Act
shall become available on July 1, 1997, and remain available through
September 30, 1998: Provided, That none of the funds appropriated under
this heading shall be obligated or expended to carry out section
304(a)(2)(A) of the Goals 2000: Educate America Act.
education for the disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965, and section 418A of the Higher Education Act,
$7,698,469,000, of which $6,380,114,000 shall become available on July
1, 1997, and shall remain available through September 30, 1998, and of
which $1,298,386,000 shall become available on October 1, 1997 and shall
remain available through September 30, 1998, for academic year 1997-
1998: Provided, That $6,194,850,000 shall be available for basic grants
under section 1124: Provided further, That up to $3,500,000 of these
funds shall be available to the Secretary on October 1, 1996, to obtain
updated local-educational-agency-level census poverty data from the
Bureau of the Census: Provided further, That $999,249,000 shall be
available for concentration grants under section 1124(A) and $7,000,000
shall be available for evaluations under section 1501.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $730,000,000, of which $615,500,000
shall be for basic support payments under section 8003(b), $40,000,000
shall be for payments for children with disabilities under section
8003(d), $52,000,000, to remain available until expended, shall be for
payments under section 8003(f), $5,000,000 shall be for construction
under section 8007, and $17,500,000 shall be for Federal property
payments under section 8002.
school improvement programs
For carrying out school improvement activities authorized by
titles II, IV-A-1, V-A and B, VI, IX, X and XIII of the Elementary and
Secondary Education Act of 1965; the Stewart B. McKinney Homeless
Assistance Act; and the Civil Rights Act of 1964;
[[Page 110 STAT. 3009-256]]
$1,425,631,000, of which $1,202,478,000 shall become available on July
1, 1997, and remain available through September 30, 1998: Provided, That
of the amount appropriated, $310,000,000 shall be for Eisenhower
professional development State grants under title II-B and $310,000,000
shall be for innovative education program strategies State grants under
title VI-A.
bilingual and immigrant education
For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized by parts
A and C and section 7203 of title VII of the Elementary and Secondary
Education Act, without regard to section 7103(b), $261,700,000, of which
$100,000,000 shall be for immigrant education programs authorized by
part C: Provided, That State educational agencies may use all, or any
part of, their part C allocation for competitive grants to local
educational agencies: Provided further, That the Department of Education
should only support instructional programs which ensure that students
completely master English in a timely fashion (a period of three to five
years) while meeting rigorous achievement standards in the academic
content areas.
special education
For carrying out parts B, C, D, E, F, G, and H and section
610(j)(2)(C) of the Individuals with Disabilities Education Act,
$4,036,000,000, of which $3,783,685,000 shall become available for
obligation on July 1, 1997, and shall remain available through September
30, 1998: Provided, That the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau shall continue
to be eligible to receive funds under the Individuals with Disabilities
Education Act consistent with the provisions of Public Law 104-134:
Provided further, That the entities that received competitive awards for
direct services to children under section 611 of the Individuals with
Disabilities Education Act in accordance with the competition required
in Public Law 104-134 shall continue to be funded, without competition,
in the same amounts as under Public Law 104-134.
rehabilitation services and disability research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance for
Individuals with Disabilities Act, and the Helen Keller National Center
Act, as amended, $2,509,447,000.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101 et seq.), $6,680,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986 (20 U.S.C.
[[Page 110 STAT. 3009-257]]
4301 et seq.), $43,041,000: Provided, That from the amount available,
the Institute may at its discretion use funds for the endowment program
as authorized under section 207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $79,182,000: Provided, That from the
amount available, the University may at its discretion use funds for the
endowment program as authorized under section 207.
vocational and adult education
For carrying out, to the extent not otherwise provided, the Carl
D. Perkins Vocational and Applied Technology Education Act, the Adult
Education Act, and the National Literacy Act of 1991, $1,486,531,000, of
which $4,500,000 shall be for the National Institute for Literacy; and
of which $1,483,612,000 shall become available on July 1, 1997 and shall
remain available through September 30, 1998: Provided, That, of the
amounts made available for title II of the Carl D. Perkins Vocational
and Applied Technology
Education Act, $4,500,000 shall be used by the Secretary for national
programs under title IV, without regard to section 451: Provided
further, That, in addition, the Secretary may reserve up to $9,000,000
under section 101(a)(1)(A) of the Carl D. Perkins Vocational and Applied
Technology Education Act, without regard to section 451: Provided
further, That the Secretary may reserve up to $5,000,000 under section
313(d) of the Adult Education Act for activities carried out under
section 383 of that Act: Provided further, That no funds shall be
awarded to a State Council under section 112(f) of the Carl D. Perkins
Vocational and Applied Technology Education Act, and no State shall be
required to operate such a Council.
student financial assistance
For carrying out subparts 1, 3, and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, as amended,
$7,560,407,000, which shall remain available through September 30, 1998.
The maximum Pell <<NOTE: 20 USC 1070a note.>> Grant for which a
student shall be eligible during award year 1997-1998 shall be $2,700:
Provided, That notwithstanding section 401(g) of the Act, if the
Secretary determines, prior to publication of the payment schedule for
such award year, that the amount included within this appropriation for
Pell Grant awards in such award year, and any funds available from the
fiscal year 1996 appropriation for Pell Grant awards, are insufficient
to satisfy fully all such awards for which students are eligible, as
calculated under section 401(b) of the Act, the amount paid for each
such award shall be reduced by either a fixed or variable percentage, or
by a fixed dollar amount, as determined in accordance with a schedule of
reductions established by the Secretary for this purpose.
[[Page 110 STAT. 3009-258]]
federal family education loan program account
For Federal administrative expenses to carry out guaranteed
student loans authorized by title IV, part B, of the Higher Education
Act, as amended, $46,572,000.
higher education
For carrying out, to the extent not otherwise provided, parts A
and B of title III, without regard to section 360(a)(1)(B)(ii), titles
IV, V, VI, VII, and IX, part A and subpart 1 of part B of title X, and
title XI of the Higher Education Act of 1965, as amended, Public Law
102-423 and the Mutual Educational and Cultural Exchange Act of 1961;
$879,054,000, of which $15,673,000 for interest subsidies under title
VII of the Higher Education Act, as amended, shall remain available
until expended: Provided, That funds available for part D of title IX of
the Higher Education Act shall be available to fund noncompeting
continuation awards for academic year 1997-1998 for fellowships awarded
originally under part B of title IX of said Act, under the terms and
conditions of part B: Provided further, That $5,931,000 of the funds
available for part D of title IX of the Higher Education Act shall be
available to fund new and noncompeting continuation awards for academic
year 1997-1998 for fellowships awarded under part C of title IX of said
Act, under the terms and conditions of part C: Provided further, That
notwithstanding sections 419D, 419E, and 419H of the Higher Education
Act, as amended, scholarships made under title IV, part A, subpart 6
shall be prorated to maintain the same number of new scholarships in
fiscal year 1997 as in fiscal year 1996: Provided further, That
$3,000,000, to remain available until expended, shall be for the George
H.W. Bush fellowship program, if authorized by April 1, 1997: Provided
further, That $3,000,000, to remain available until expended, shall be
for the Edmund S. Muskie
Foundation to establish an endowment fund to provide income to support
such foundation on a continuing basis, if authorized by April 1, 1997:
Provided further, That $3,000,000, to remain available until expended,
shall be for the Claiborne Pell Institute for International Relations
and Public Policy at Salve Regina University in Newport, Rhode Island,
if authorized by April 1, 1997: Provided further, That $1,000,000, to
remain available until expended, shall be for the Calvin Coolidge
Memorial Foundation, if authorized by April 1, 1997: Provided further,
That, of the amounts made available under title X, part A of the Higher
Education Act, $2,000,000 shall be awarded to the Pennsylvania
Educational Telecommunications Exchange Network.
howard university
For partial support of Howard University (20 U.S.C. 121 et seq.),
$196,000,000: Provided, That from the amount available, the University
may at its discretion use funds for the endowment program as authorized
under the Howard University Endowment Act (Public Law 98-480).
higher education facilities loans
The Secretary is hereby authorized to make such expenditures,
within the limits of funds available under this heading and in accord
with law, and to make such contracts and commitments
[[Page 110 STAT. 3009-259]]
without regard to fiscal year limitation, as provided by section 104 of
the Government Corporation Control Act (31 U.S.C. 9104), as may be
necessary in carrying out the program for the current fiscal year.
college housing and academic facilities loans program
For administrative expenses to carry out the existing direct loan
program of college housing and academic facilities loans entered into
pursuant to title VII, part C, of the Higher Education Act, as amended,
$698,000.
college housing loans
Pursuant to title VII, part C of the Higher Education Act, as
amended, for necessary expenses of the college housing loans program,
the Secretary shall make expenditures and enter into contracts without
regard to fiscal year limitation using loan repayments and other
resources available to this account. Any unobligated balances becoming
available from fixed fees paid into this account pursuant to 12 U.S.C.
1749d, relating to payment of costs for inspections and site visits,
shall be available for the operating expenses of this account.
historically black college and university capital financing, program
account
The total amount of bonds insured pursuant to section 724 of title
VII, part B of the Higher Education Act shall not exceed $357,000,000,
and the cost, as defined in section 502 of the Congressional Budget Act
of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title VII, part B of the Higher Education Act, as amended, $104,000.
education research, statistics, and improvement
For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act of 1994,
including part E; the National Education Statistics Act of 1994; section
2102, sections 3132, 3136 and 3141, parts B, C, and D of title III and
parts A, B, I, and K and section 10601 of title X, and part C of title
XIII of the Elementary and Secondary Education Act of 1965, as amended,
and title VI of Public Law 103-227, $598,350,000: Provided, That
$200,000,000 shall be for section 3132, $56,965,000 shall be for section
3136 and
$10,000,000 shall be for section 3141 of the Elementary and Secondary
Education Act: Provided further, That notwithstanding any other
provision of law, one-half of one percent of the amount available for
section 3132 of the Elementary and Secondary Education Act of 1965, as
amended, shall be set aside for the outlying areas to be distributed
among the outlying areas on the basis of their relative need as
determined by the Secretary in accordance with the purposes of the
program: Provided further, That, notwithstanding section 3131(b) of said
Act, if any State educational agency does not apply for a grant under
section 3132, that State's allotment under section 3131 shall be
reserved by the Secretary for grants to local educational agencies in
the State that apply directly to
[[Page 110 STAT. 3009-260]]
the Secretary according to the terms and conditions announced by the
Secretary in the Federal Register: Provided further, That, of the amount
available for title III, part B of the Elementary and Secondary
Education Act of 1965, as amended, funds shall be awarded to continue
the Iowa Communication Network statewide fiber optic demonstration and
$2,000,000 shall be awarded to the Southeastern Pennsylvania Consortium
for Higher Education for the establishment of local and wide area
computer networks to provide instructional resources to students and
faculty: Provided further, That none of the funds appropriated in this
paragraph may be obligated or expended for the Goals 2000 Community
Partnerships Program.
libraries
Notwithstanding title VII of this Act, for carrying out titles I,
II, III, and IV of the Library Services and Construction Act, and title
II-B of the Higher Education Act, $136,369,000, of which $16,369,000
shall be used to carry out the provisions of title II of the Library
Services and Construction Act and shall remain available until expended;
and $2,500,000 shall be for section 222 and $5,000,000 shall be for
section 223 of the Higher Education Act: Provided, That $1,000,000 shall
be competitively awarded to a nonprofit regional social tolerance
resource center, operating tolerance tools and prejudice reduction
programs and multimedia tolerance and genocide exhibits: Provided
further, That $1,500,000 shall be for the continuation of a
demonstration project making information available for public use by
connecting Internet to a multistate consortium and a historical society:
Provided further, That $1,000,000 shall be for continuation of catalog
conversion of research and doctoral institutions and networking of local
libraries under the fiber optics demonstration initiated in Public Law
102-394 under section 223 of the Higher Education Act: Provided further,
That each State or local recipient of funds under titles I, II, III, and
IV of the Library Services and Construction Act may use any such funds
to plan for any library program or activity authorized under title VII
of this Act and conduct any other activity reasonably necessary to
provide for an orderly and effective transition to the operation of
library programs or activities under title VII of this Act.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of two passenger motor
vehicles, $327,000,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $55,000,000.
[[Page 110 STAT. 3009-261]]
office of the inspector general
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $30,000,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such transportation) in
order to carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
Sec. 304. Notwithstanding any other provision of law, funds
available under section 458 of the Higher Education Act shall not exceed
$491,000,000 for fiscal year 1997. The Department of Education shall use
$80,000,000 of the amounts provided for payment of administrative cost
allowances to guaranty agencies for fiscal year 1996. For fiscal year
1997, the Department of Education shall pay administrative costs to
guaranty agencies, calculated on the basis of 0.85 percent of the total
principal amount of loans upon which insurance was issued on or after
October 1, 1996: Provided, That such administrative costs shall be paid
only on the first $8,200,000,000 of the principal amount of loans upon
which insurance was issued on or after October 1, 1996 by such guaranty
agencies, and shall not exceed a total of $70,000,000. Such payments are
to be paid quarterly, and receipt of such funds and uses of such funds
shall be in accordance with section 428(f) of the Higher Education Act.
Notwithstanding <<NOTE: 20 USC 1087h note.>> section 458 of the
Higher Education Act, the Secretary may not use funds available under
that section or any other section for subsequent fiscal years for
administrative expenses of the William D. Ford Direct Loan Program. The
Secretary may not require the return of guaranty agency reserve funds
during fiscal year 1997, except after consultation with both the
Chairmen and ranking members of the House Economic and Educational
Opportunities Committee and the Senate Labor and Human Resources
Committee. Any reserve funds recovered by the Secretary shall be
returned to the Treasury of the United States for purposes of reducing
the Federal deficit.
[[Page 110 STAT. 3009-262]]
No funds available to the Secretary may be used for (1) the hiring
of advertising agencies or other third parties to provide advertising
services for student loan programs prior to January 1, 1997, or (2)
payment of administrative fees relating to the William D. Ford Direct
Loan Program to institutions of higher education.
Sec. 305. None of the funds appropriated in this Act may be
obligated or expended to carry out
section 621(b) of Public Law 101-589.
(transfer of funds)
Sec. 306. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the current fiscal year for the
Department of Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least fifteen days
in advance of any transfer.
Sec. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)(A)(i)) is
amended--
(1) in the matter preceding subclause (I), by striking ``The
Secretary'' and all that follows through ``greater of--'' and
inserting the following: ``The Secretary, in conjunction with
the local educational agency, shall first determine each of the
following:'';
(2) in each of subclauses (I) through (III), by striking
``the average'' each place it appears the first time in each
such subclause and inserting ``The average'';
(3) in subclause (I), by striking the semicolon and
inserting a period;
(4) in subclause (II), by striking ``: or'' and inserting a
period; and
(5) by adding at the end the following:
``The local educational agency shall select one of the amounts
determined under subclause (I), (II), or (III) for purposes of the
remaining computations under this subparagraph.''.
(b) The amendments made by subsection <<NOTE: 20 USC 7703 note.>>
(a) shall apply with respect to fiscal years beginning with fiscal year
1995.
Sec. 308. Section 485(e)(9) of the Higher Education Act of 1965 is
amended <<NOTE: 20 USC 1092.>> by striking out ``June 30'' in the second
sentence of such section and inserting ``August 30''.
This title may be cited as the ``Department of Education
Appropriations Act, 1997''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $56,204,000, of which $432,000
shall remain available until expended for construction and renovation of
the physical plants at the United States Soldiers' and Airmen's Home and
the United States Naval Home: Provided, That this appropriation shall
not
[[Page 110 STAT. 3009-263]]
be available for the payment of hospitalization of members of the
Soldiers' and Airmen's Home in United States Army hospitals at rates in
excess of those prescribed by the Secretary of the Army upon
recommendation of the Board of Commissioners and the Surgeon General of
the Army.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $213,969,000.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
1999, $250,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be
available or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or sex.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71),
$32,579,000 including $1,500,000, to remain available through September
30, 1998, for activities authorized by the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and for arbitration services shall be credited to and merged
with this account, and shall remain available until expended: Provided
further, That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept on behalf of the United States gifts of services
and real, personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
[[Page 110 STAT. 3009-264]]
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on Libraries
and Information Science, established by the Act of July 20, 1970 (Public
Law 91-345, as amended by Public Law 102-95), $897,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$1,793,000.
National Education Goals Panel
For expenses necessary for the National Education Goals Panel, as
authorized by title II, part A of the Goals 2000: Educate America Act,
$1,500,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $175,000,000:
Provided, That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used in
connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least 95
per centum of the water stored or supplied thereby is used for farming
purposes: Provided further, That none of the funds made available by
this Act shall be used in any way to promulgate a final rule (altering
29 CFR part 103) regarding single location bargaining units in
representation cases.
[[Page 110 STAT. 3009-265]]
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $8,300,000: Provided, That unobligated
balances at the end of fiscal year 1997 not needed for emergency boards
shall remain available for other statutory purposes through September
30, 1998.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $7,753,000.
Physician Payment Review Commission
salaries and expenses
For expenses necessary to carry out section 1845(a) of the Social
Security Act, $3,263,000, to be transferred to this appropriation from
the Federal Supplementary Medical Insurance Trust Fund.
Prospective Payment Assessment Commission
salaries and expenses
For expenses necessary to carry out section 1886(e) of the Social
Security Act, $3,263,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,923,000.
In addition, to reimburse these trust funds for administrative
expenses to carry out sections 9704 and 9706 of the Internal Revenue
Code of 1986, $10,000,000, to remain available until expended.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, $460,070,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety and
Health Act of 1977, for costs incurred in the current fiscal year, such
amounts as may be necessary.
For making benefit payments under title IV of the Federal Mine
Safety and Health Act 1977 for the first quarter of fiscal year 1998,
$160,000,000, to remain available until expended.
[[Page 110 STAT. 3009-266]]
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$19,372,010,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
From funds provided under the previous paragraph, not less than
$100,000,000 shall be available for payment to the Social Security trust
funds for administrative expenses for conducting continuing disability
reviews.
In addition, $175,000,000, to remain available until September 30,
1998, for payment to the Social Security trust funds for administrative
expenses for continuing disability reviews as authorized by section 103
of Public Law 104-121 and Supplemental Security Income administrative
work as authorized by Public Law 104-193. The term ``continuing
disability reviews'' means reviews and redetermination as defined under
section 201(g)(1)(A) of the Social Security Act as amended, and reviews
and redeterminations authorized under section 211 of Public Law 104-193.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For carrying out title XVI of the Social Security Act for the
first quarter of fiscal year 1998, $9,690,000,000, to remain available
until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $10,000 for official reception and
representation expenses, not more than $5,873,382,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act or as
necessary to carry out sections 9704 and 9706 of the Internal Revenue
Code of 1986 from any one or all of the trust funds referred to therein:
Provided, That reimbursement to the trust funds under this heading for
administrative expenses to carry out sections 9704 and 9706 of the
Internal Revenue Code of 1986 shall be made, with interest, not later
than September 30, 1998: Provided further, That not less than $1,268,000
shall be for the Social Security Advisory Board: Provided further, That
unobligated balances at the end of fiscal year 1997 not needed for
fiscal year 1997 shall remain available until expended for a state-of-
the-art computing network, including related equipment and
administrative expenses associated solely with this network.
From funds provided under the previous paragraph, not less than
$200,000,000 shall be available for conducting continuing disability
reviews.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $310,000,000, to remain
available until September 30, 1998, for continuing disability reviews as
authorized by section 103 of Public Law 104-121 and Supplemental
Security Income administrative work as authorized
[[Page 110 STAT. 3009-267]]
by Public Law 104-193. The term ``continuing disability reviews'' means
reviews and redetermination as defined under section 201(g)(1)(A) of the
Social Security Act as amended, and reviews and redeterminations
authorized under section 211 of Public Law 104-193.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $234,895,000, which shall
remain available until expended, to invest in a state-of-the-art
computing network, including related equipment and administrative
expenses associated solely with this network, for the Social Security
Administration and the State Disability Determination Services, may be
expended from any or all of the trust funds as authorized by section
201(g)(1) of the Social Security Act.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $6,335,000, together with not to exceed $31,089,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized
under section 15(d) of the Railroad Retirement Act of 1974,
$223,000,000, which shall include amounts becoming available in fiscal
year 1997 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in
addition, an amount, not to exceed 2 percent of the amount provided
herein, shall be available proportional to the amount by
which the product of recipients and the average benefit received
exceeds $223,000,000: Provided, That the total amount provided herein
shall be credited in 12 approximately equal amounts on the first day of
each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $300,000, to remain available through
September 30, 1998, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $87,898,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
[[Page 110 STAT. 3009-268]]
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $5,404,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in this Act may be transferred to the Office from the
Department of Health and Human Services, or used to carry out any such
transfer: Provided further, That none of the funds made available in
this paragraph may be used for any audit, investigation, or review of
the Medicare program.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $11,160,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress, except in
presentation to the Congress itself or any State legislature, except in
presentation to the Congress or any State legislative body itself.
(b) No part of any appropriation contained in this Act shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are each
authorized to make available not to exceed $15,000 from funds available
for salaries and expenses under titles I and III, respectively, for
official reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from the funds available for ``Salaries and expenses,
Federal Mediation and Conciliation Service''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $2,500 from funds
available for ``Salaries and expenses, National Mediation Board''.
[[Page 110 STAT. 3009-269]]
Sec. 505. Notwithstanding any other provision of this Act, no
funds appropriated under this Act shall be used to carry out any program
of distributing sterile needles for the hypodermic injection of any
illegal drug unless the Secretary of Health and Human Services
determines that such programs are effective in preventing the spread of
HIV and do not encourage the use of illegal drugs.
Sec. 506. (a) Purchase of American-Made Equipment and Products.--
It is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made
available in this Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) 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. 507. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state (1) the percentage of the total costs of the
program or project which will be financed with Federal money, (2) the
dollar amount of Federal funds for the project or program, and (3)
percentage and dollar amount of the total costs of the project or
program that will be financed by nongovernmental sources.
Sec. 508. None of the funds appropriated under this Act shall be
expended for any abortion except when it is made known to the Federal
entity or official to which funds are appropriated under this Act that
such procedure is necessary to save the life of the mother or that the
pregnancy is the result of an act of rape or incest.
Sec. 509. <<NOTE: 31 USC 1301 note.>> Notwithstanding any other
provision of law--
(1) no amount may be transferred from an appropriation
account for the Departments of Labor, Health and Human Services,
and Education except as authorized in this or any subsequent
appropriation Act, or in the Act establishing the program or
activity for which funds are contained in this Act;
(2) no department, agency, or other entity, other than the
one responsible for administering the program or activity for
which an appropriation is made in this Act, may exercise
authority for the timing of the obligation and expenditure of
such appropriation, or for the purpose for which it is obligated
and expended, except to the extent and in the manner otherwise
provided in sections 1512 and 1513 of title 31, United States
Code; and
[[Page 110 STAT. 3009-270]]
(3) no funds provided under this Act shall be available for
the salary (or any part thereof) of an employee who is
reassigned on a temporary detail basis to another position in
the employing agency or department or in any other agency or
department, unless the detail is independently approved by the
head of the employing department or agency.
Sec. 510. None of the funds made available in this Act may be used
for the expenses of an electronic benefit transfer (EBT) task force.
Sec. 511. None of the funds made available in this Act may be used
to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher
Education Act of 1965 with respect to any lender when it is made known
to the Federal official having authority to obligate or expend such
funds
that the lender has a loan portfolio under part B of title IV of such
Act that is equal to or less than $5,000,000.
Sec. 512. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' include any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes.
Sec. 513. (a) Limitation on Use of Funds for Promotion of
Legalization of Controlled Substances.--None of the funds made available
in this Act may be used for any activity when it is made known to the
Federal official having authority to obligate or expend such funds that
the activity promotes the legalization of any drug or other substance
included in schedule I of the schedules of controlled substances
established by section 202 of the Controlled Substances Act (21 U.S.C.
812).
(b) Exceptions.--The limitation in subsection (a) shall not apply
when it is made known to the Federal official having authority to
obligate or expend such funds that there is significant medical evidence
of a therapeutic advantage to the use of such drug or other substance or
that Federally-sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 514. (a) Denial of <<NOTE: 10 USC 503 note.>> Funds for
Preventing ROTC Access to Campus.--None of the funds made available in
this or any other Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act for any fiscal year
may be provided by contract or by grant (including a grant of funds to
be available for student aid) to a covered educational entity if the
Secretary of Defense determines that the covered educational entity has
a policy or practice (regardless of when implemented) that either
prohibits, or in effect prevents--
(1) the maintaining, establishing, or operation of a unit of
the Senior Reserve Officer Training Corps (in accordance with
section 654 of title 10, United States Code, and other
applicable Federal laws) at the covered educational entity; or
[[Page 110 STAT. 3009-271]]
(2) a student at the covered educational entity from
enrolling in a unit of the Senior Reserve Officer Training Corps
at another institution of higher education.
(b) Denial of Funds for Preventing Federal Military Recruiting on
Campus.--None of the funds made available in this or any other
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act for any fiscal year may be provided
by contract or by grant (including a grant of funds to be available for
student aid) to a covered educational entity if the Secretary of Defense
determines that the covered educational entity has a policy or practice
(regardless of when implemented) that either prohibits, or in effect
prevents--
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access by military recruiters for purposes of Federal
military recruiting to the following information pertaining to
students (who are 17 years of age or older) enrolled at the
covered educational entity:
(A) student names, addresses, and telephone
listings; and
(B) if known, student ages, levels of education, and
majors.
(c) Exceptions.--The limitation established in subsection (a) or
(b) shall not apply to a covered educational entity if the Secretary of
Defense determines that--
(1) the covered educational entity has ceased the policy or
practice described in such subsection;
(2) the institution of higher education involved has a
longstanding policy of pacifism based on historical religious
affiliation; or
(3) the institution of higher education involved is
prohibited by the law of any State, or by the order of any State
court, from allowing Senior Reserve Officer Training Corps
activities or Federal military recruiting on campus, except that
this paragraph shall apply only during the one-year period
beginning on the effective date of this section.
(d) Notice of Determinations.--Whenever the Secretary of Defense
makes a determination under subsection (a), (b), or (c), the Secretary--
(1) shall transmit a notice of the determination to the
Secretary of Education and to the Congress; and
(2) shall publish in the Federal Register a notice of the
determination and the effect of the determination on the
eligibility of the covered educational entity for contracts and
grants.
(e) Semiannual Notice in Federal Register.--The Secretary of
Defense shall publish in the Federal Register once every 6 months a list
of each covered educational entity that is currently ineligible for
contracts and grants by reason of a determination of the Secretary under
subsection (a) or (b).
(f) Covered Educational Entity.--For purposes of this section, the
term ``covered educational entity'' means an institution of higher
education, or a subelement of an institution of higher education.
(g) Effective Date.--This section shall take effect upon the
expiration of the 180-day period beginning on the date of the enactment
of this Act, by which date the Secretary of Defense shall
[[Page 110 STAT. 3009-272]]
have published final regulations in consultation with the Secretary of
Education to carry out this section.
Sec. 515. (a) Technical Amendment to Other ROTC and Military
Recruiting Provisions.--Sections 508 and 509 of the Energy and Water
Development Appropriations Act, 1997, are amended by striking ``when it
is made known to the Federal official having authority to obligate or
expend such funds'' each place it appears and inserting ``if the
Secretary of Defense determines''.
(b) Effective Date.--Sections 508 and 509 of the Energy and Water
Development Appropriations Act, 1997, shall not take effect until the
expiration of the 180-day period beginning on the date of the enactment
of this Act, by which date the Secretary of Defense shall have published
final regulations to carry out such sections (as amended by subsection
(a)).
Sec. 516. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
when it is made known to the Federal official having authority to
obligate or expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 517. (a) Notwithstanding any provision of the Carl D. Perkins
Vocational and Applied Technology Act (as such Act was in effect on
September 24, 1990), a State shall be deemed to have met the
requirements of section 503 of such Act with respect to decisions
appealed by applications filed on April 30, 1993 and October 29, 1993
under section 452(b) of the General Education Provisions Act.
(b) Subsection (a) shall take effect on October 1, 1996.
Sec. 518. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless it is made known to the Federal official having authority to
obligate or expend such funds that the applicant for the award certifies
to the Secretary that it encourages family participation in the decision
of the minor to seek family planning services.
Sec. 519. Of the budgetary resources available to agencies in this
Act for salaries and expenses during fiscal year 1997, $30,500,000, to
be allocated by the Office of Management and Budget, are permanently
canceled: Provided, That the foregoing provision shall not apply to the
Food and Drug Administration and the Indian Health Service: Provided
further, That amounts available in this Act for congressional and
legislative affairs, public affairs, and intergovernmental affairs
activities are hereby reduced by $2,000,000.
Sec. <<NOTE: 5 USC 5597 note.>> 520. Voluntary Separation
Incentives for Employees of Certain Federal Agencies.--(a)
Definitions.--For the purposes of this section--
(1) the term ``agency'' means the Railroad Retirement Board
and the Office of Inspector General of the Railroad Retirement
Board;
[[Page 110 STAT. 3009-273]]
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed by
an agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include--
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the
agency;
(B) an employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, or another
retirement system for employees of the agency;
(C) an employee who is in receipt of a specific
notice of involuntary separation for misconduct or
unacceptable performance;
(D) an employee who, upon completing an additional
period of service as referred to in section
3(b)(2)(B)(ii) of the Federal Workforce Restructuring
Act of 1994 (5 U.S.C. 5597 note), would qualify for a
voluntary separation incentive payment under section 3
of such Act;
(E) an employee who has previously received any
voluntary separation incentive payment by the Federal
Government under this section or any other authority and
has not repaid such payment;
(F) an employee covered by statutory reemployment
rights who is on transfer to another organization; or
(G) any employee who, during the twenty-four-month
period preceding the date of separation, has received a
recruitment or relocation bonus under section 5753 of
title 5, United States Code, or who, within the twelve-
month period preceding the date of separation, received
a retention allowance under section 5754 of title 5,
United States Code.
(b) Agency Strategic Plan.--
(1) In general.--The three-member Railroad Retirement Board,
prior to obligating any resources for voluntary separation
incentive payments, shall submit to the House and Senate
Committees on Appropriations and the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform and
Oversight of the House of Representatives a strategic plan
outlining the intended use of such incentive payments and a
proposed organizational chart for the agency once such incentive
payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit,
geographic location, occupational category and grade
level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate
without the eliminated positions and functions.
(c) Authority To Provide Voluntary Separation Incentive
Payments.--
(1) In general.--A voluntary separation incentive payment
under this section may be paid by an agency to any employee only
to the extent necessary to eliminate the positions and functions
identified by the strategic plan.
[[Page 110 STAT. 3009-274]]
(2) Amount and treatment of payments.--A voluntary
separation incentive payment--
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c)
of title 5, United States Code; or
(ii) an amount determined by the agency head
not to exceed $25,000;
(D) may not be made except in the case of any
qualifying employee who voluntarily separates (whether
by retirement or resignation) before September 30, 1997;
(E) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
(F) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United
States Code, based on any other separation.
(d) Additional Agency Contributions to the Retirement Fund.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 of title
5, United States Code, an agency shall remit to the Office of
Personnel Management for deposit in the Treasury of the United
States to the credit of the Civil Service Retirement and
Disability Fund an amount equal to 15 percent of the final basic
pay of each employee of the agency who is covered under
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code, to whom a voluntary separation incentive has been
paid under this section.
2) Definition.--For the purpose of paragraph (1), the term
``final basic pay'', with respect to an employee, means the
total amount of basic pay which would be payable for a year of
service by such employee, computed using the employee's final
rate of basic pay, and, if last serving on
other than a full-time basis, with appropriate adjustment therefor.
e) Effect of Subsequent Employment With the Government.--An
individual who has received a voluntary separation incentive payment
under this section and accepts any employment for compensation with the
Government of the United States, or who works for any agency of the
United States Government through a personal services contract, within 5
years after the date of the separation on which the payment is based
shall be required to pay, prior to the individual's first day of
employment, the entire amount of the incentive payment to the agency
that paid the incentive payment.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded employee
positions in the agency shall be reduced by one position for
each vacancy created by the separation of any employee who
[[Page 110 STAT. 3009-275]]
has received, or is due to receive, a voluntary separation
incentive payment under this section. For the purposes of this
subsection, positions shall be counted on a full-time-equivalent
basis.
(2) Enforcement.--The President, through the Office of
Management and Budget, shall monitor the agency and take any
action necessary to ensure that the requirements of this
subsection are met.
(g) Effective Date.--This section shall take effect October 1,
1996.
Sec. 521. Correction of Effective Date.--Effective on the day
after the date of enactment of the Health Centers Consolidation Act of
1996, section 5 of that Act <<NOTE: 42 USC 233 note.>> is amended by
striking ``October 1, 1997'' and inserting ``October 1, 1996''.
TITLE VI--REORGANIZATION <<NOTE: Student Loan Marketing Association
Reorganization Act of 1996. 20 USC 1001 note.>> AND PRIVATIZATION OF
SALLIE MAE AND CONNIE LEE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Student Loan Marketing Association
Reorganization Act of 1996''.
SEC. 602. REORGANIZATION OF THE STUDENT LOAN MARKETING ASSOCIATION
THROUGH THE FORMATION OF A HOLDING COMPANY.
(a) Amendment.--Part B of title IV of the Higher Education Act of
1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 439
(20 U.S.C. 1087-2) the following new section:
``SEC. 440. REORGANIZATION OF <<NOTE: 20 USC 1087-3.>> THE STUDENT LOAN
MARKETING ASSOCIATION THROUGH THE FORMATION OF A HOLDING
COMPANY.
``(a) Actions by the Association's Board of Directors.--The Board of
Directors of the Association shall take or cause to be taken all such
action as the Board of Directors deems necessary or appropriate to
effect, upon the shareholder approval described in subsection (b), a
restructuring of the common stock ownership of the Association, as set
forth in a plan of reorganization adopted by the Board of Directors (the
terms of which shall be consistent with this section) so that all of the
outstanding common shares of the Association shall be directly owned by
a Holding Company. Such actions may include, in the Board of Director's
discretion, a merger of a wholly owned subsidiary of the Holding Company
with and into the Association, which would have the effect provided in
the plan of reorganization and the law of the jurisdiction in which such
subsidiary is incorporated. As part of the restructuring, the Board of
Directors may cause--
``(1) the common shares of the Association to be converted,
on the reorganization effective date, to common shares of the
Holding Company on a one for one basis, consistent with
applicable State or District of Columbia law; and
``(2) Holding Company common shares to be registered with
the Securities and Exchange Commission.
``(b) Shareholder Approval.--The plan of reorganization adopted by
the Board of Directors pursuant to subsection (a) shall be submitted to
common shareholders of the Association for their approval. The
reorganization shall occur on the reorganization effective date,
provided that the plan of reorganization has been
[[Page 110 STAT. 3009-276]]
approved by the affirmative votes, cast in person or by proxy, of the
holders of a majority of the issued and outstanding shares of the
Association common stock.
``(c) Transition.--In the event the shareholders of the Association
approve the plan of reorganization under subsection (b), the following
provisions shall apply beginning on the reorganization effective date:
``(1) In general.--Except as specifically provided in this
section, until the dissolution date the Association shall
continue to have all of the rights, privileges and obligations
set forth in, and shall be subject to all of the limitations and
restrictions of, section 439, and the Association shall continue
to carry out the purposes of such section. The Holding Company
and any subsidiary of the Holding Company (other than the
Association) shall not be entitled to any of the rights,
privileges, and obligations, and shall not be subject to the
limitations and restrictions, applicable to the Association
under section 439, except as specifically provided in this
section. The Holding Company and any subsidiary of the Holding
Company (other than the Association or a subsidiary of the
Association) shall not purchase loans insured under this Act
until such time as the Association ceases acquiring such loans,
except that the Holding Company may purchase such loans if the
Association is merely continuing to acquire loans as a lender of
last resort pursuant to section 439(q) or under an agreement
with the Secretary described in paragraph (6).
``(2) Transfer of certain property.--
``(A) In general.--Except as provided in this
section, on the reorganization effective date or as soon
as practicable thereafter, the Association shall use the
Association's best efforts to transfer to the Holding
Company or any subsidiary of the Holding Company (or
both), as directed by the Holding Company, all real and
personal property of the Association (both tangible and
intangible) other than the remaining property. Subject
to the preceding sentence, such transferred property
shall include all right, title, and interest in--
``(i) direct or indirect subsidiaries of the
Association (excluding special purpose funding
companies in existence on the date of enactment of
this section and any interest in any government-
sponsored enterprise);
``(ii) contracts, leases, and other agreements
of the Association;
``(iii) licenses and other intellectual
property of the Association; and
``(iv) any other property of the Association.
``(B) Construction.--Nothing in this paragraph shall
be construed to prohibit the Association from
transferring remaining property from time to time to the
Holding Company or any subsidiary of the Holding
Company, subject to the provisions of paragraph (4).
``(3) Transfer of personnel.--On the reorganization
effective date, employees of the Association shall become
employees of the Holding Company (or any subsidiary of the
Holding Company), and the Holding Company (or any subsidiary of
the Holding Company) shall provide all necessary and appropriate
management and operational support (including loan
[[Page 110 STAT. 3009-277]]
servicing) to the Association, as requested by the Association.
The Association, however, may obtain such management and
operational support from persons or entities not associated with
the Holding Company.
``(4) Dividends.--The Association may pay dividends in the
form of cash or noncash distributions so long as at the time of
the declaration of such dividends, after giving effect to the
payment of such dividends as of the date of such declaration by
the Board of Directors of the Association, the Association's
capital would be in compliance with the capital standards and
requirements set forth in section 439(r). If, at any time after
the reorganization effective date, the Association fails to
comply with such capital standards, the Holding Company shall
transfer with due diligence to the Association additional
capital in such amounts as are necessary to ensure that the
Association again complies with the capital standards.
``(5) Certification prior to dividend.--Prior to the payment
of any dividend under paragraph (4), the Association shall
certify to the Secretary of the Treasury that the payment of the
dividend will be made in compliance with paragraph (4) and shall
provide copies of all calculations needed to make such
certification.
``(6) Restrictions on new business activity or acquisition
of assets by association.--
``(A) In general.--After the reorganization
effective date, the Association shall not engage in any
new business activities or acquire any additional
program assets described in section 439(d) other than in
connection with--
``(i) student loan purchases through September
30, 2007;
``(ii) contractual commitments for future
warehousing advances, or pursuant to letters of
credit or standby bond purchase agreements, which
are outstanding as of the reorganization effective
date;
``(iii) the Association serving as a lender-
of-last-resort pursuant to section 439(q); and
``(iv) the Association's purchase of loans
insured under this part, if the Secretary, with
the approval of the Secretary of the Treasury,
enters into an agreement with the Association for
the continuation or resumption of the
Association's secondary market purchase program
because the Secretary determines there is
inadequate liquidity for loans made under this
part.
``(B) Agreement.--The Secretary is authorized to
enter into an agreement described in clause (iv) of
subparagraph (A) with the Association covering such
secondary market activities. Any agreement entered into
under such clause shall cover a period of 12 months, but
may be renewed if the Secretary determines that
liquidity remains inadequate. The fee provided under
section 439(h)(7) shall not apply to loans acquired
under any such agreement with the Secretary.
``(7) Issuance of debt obligations during the transition
period; attributes of debt obligations.--After the
reorganization effective date, the Association shall not issue
debt obligations which mature later than September 30, 2008,
except in connection with serving as a lender-of-last-resort
[[Page 110 STAT. 3009-278]]
pursuant to section 439(q) or with purchasing loans under an
agreement with the Secretary as described in paragraph (6).
Nothing in this section shall modify the attributes accorded the
debt obligations of the Association by section 439, regardless
of whether such debt obligations are incurred prior to, or at
any time following, the reorganization effective date or are
transferred to a trust in accordance with subsection (d).
``(8) Monitoring of safety and soundness.--
``(A) Obligation to obtain, maintain, and report
information.--The Association shall obtain such
information and make and keep such records as the
Secretary of the Treasury may from time to time
prescribe concerning--
``(i) the financial risk to the Association
resulting from the activities of any associated
person, to the extent such activities are
reasonably likely to have a material impact on the
financial condition of the Association, including
the Association's capital ratio, the Association's
liquidity, or the Association's ability to conduct
and finance the Association's operations; and
``(ii) the Association's policies, procedures,
and systems for monitoring and controlling any
such financial risk.
``(B) Summary reports.--The Secretary of the
Treasury may require summary reports of the information
described in subparagraph (A) to be filed no more
frequently than quarterly. If, as a result of adverse
market conditions or based on reports provided pursuant
to this subparagraph or other available information, the
Secretary of the Treasury has concerns regarding the
financial or operational condition of the Association,
the Secretary of the Treasury may, notwithstanding the
preceding sentence and subparagraph (A), require the
Association to make reports concerning the activities of
any associated person whose business activities are
reasonably likely to have a material impact on the
financial or operational condition of the Association.
``(C) Separate operation of corporations.--
``(i) In general.--The funds and assets of the
Association shall at all times be maintained
separately from the funds and assets of the
Holding Company or any subsidiary of the Holding
Company and may be used by the Association solely
to carry out the Association's purposes and to
fulfill the Association's obligations.
``(ii) Books and records.--The Association
shall maintain books and records that clearly
reflect the assets and liabilities of the
Association, separate from the assets and
liabilities of the Holding Company or any
subsidiary of the Holding Company.
``(iii) Corporate office.--The Association
shall maintain a corporate office that is
physically separate from any office of the Holding
Company or any subsidiary of the Holding Company.
``(iv) Director.--No director of the
Association who is appointed by the President
pursuant to section
[[Page 110 STAT. 3009-279]]
439(c)(1)(A) may serve as a director of the
Holding Company.
``(v) One officer requirement.--At least one
officer of the Association shall be an officer
solely of the Association.
``(vi) Transactions.--Transactions between the
Association and the Holding Company or any
subsidiary of the Holding Company, including any
loan servicing arrangements, shall be on terms no
less favorable to the Association than the
Association could obtain from an unrelated third
party offering comparable services.
``(vii) Credit prohibition.--The Association
shall not extend credit to the Holding Company or
any subsidiary of the Holding Company nor
guarantee or provide any credit enhancement to any
debt obligations of the Holding Company or any
subsidiary of the Holding Company.
``(viii) Amounts collected.--Any amounts
collected on behalf of the Association by the
Holding Company or any subsidiary of the Holding
Company with respect to the assets of the
Association, pursuant to a servicing contract or
other arrangement between the Association and the
Holding Company or any subsidiary of the Holding
Company, shall be collected solely for the benefit
of the Association and shall be immediately
deposited by the Holding Company or such
subsidiary to an account under the sole control of
the Association.
``(D) Encumbrance of assets.--Notwithstanding any
Federal or State law, rule, or regulation, or legal or
equitable principle, doctrine, or theory to the
contrary, under no circumstances shall the assets of the
Association be available or used to pay claims or debts
of or incurred by the Holding Company. Nothing in this
subparagraph shall be construed to limit the right of
the Association to pay dividends not otherwise
prohibited under this subparagraph or to limit any
liability of the Holding Company explicitly provided for
in this section.
``(E) Holding company activities.--After the
reorganization effective date and prior to the
dissolution date, all business activities of the Holding
Company shall be conducted through subsidiaries of the
Holding Company.
``(F) Confidentiality.--Any information provided by
the Association pursuant to this section shall be
subject to the same confidentiality obligations
contained in section 439(r)(12).
``(G) Definition.--For purposes of this paragraph,
the term `associated person' means any person, other
than a natural person, who is directly or indirectly
controlling, controlled by, or under common control
with, the Association.
``(9) Issuance of stock warrants.--
``(A) In general.--On the reorganization effective
date, the Holding Company shall issue to the District of
Columbia Financial Responsibility and Management
Assistance Authority a number of stock warrants that is
equal to
[[Page 110 STAT. 3009-280]]
one percent of the outstanding shares of the
Association, determined as of the last day of the fiscal
quarter preceding the date of enactment of this section,
with each stock warrant entitling the holder of the
stock warrant to purchase from the Holding Company one
share of the registered common stock of the Holding
Company or the Holding Company's successors or assigns,
at any time on or before September 30, 2008. The
exercise price for such warrants shall be an amount
equal to the average closing price of the common stock
of the Association for the 20 business days prior to the
date of enactment of this section on the exchange or
market which is then the primary exchange or market for
the common stock of the Association. The number of
shares of Holding Company common stock subject to each
stock warrant and the exercise price of each stock
warrant shall be adjusted as necessary to reflect--
``(i) the conversion of Association common
stock into Holding Company common stock as part of
the plan of reorganization approved by the
Association's shareholders; and
``(ii) any issuance or sale of stock
(including issuance or sale of treasury stock),
stock split, recapitalization, reorganization, or
other corporate event, if agreed to by the
Secretary of the Treasury and the Association.
``(B) Authority to sell or exercise stock warrants;
deposit of proceeds.--The District of Columbia Financial
Responsibility and Management Assistance Authority is
authorized to sell or exercise the stock warrants
described in subparagraph (A). The District of Columbia
Financial Responsibility and Management Assistance
Authority shall deposit into the account established
under section 3(e) of the Student Loan Marketing
Association Reorganization Act of 1996 amounts collected
from the sale and proceeds resulting from the exercise
of the stock warrants pursuant to this subparagraph.
``(10) Restrictions on transfer of association shares and
bankruptcy of association.--After the reorganization effective
date, the Holding Company shall not sell, pledge, or otherwise
transfer the outstanding shares of the Association, or agree to
or cause the liquidation of the Association or cause the
Association to file a petition for bankruptcy under title 11,
United States Code, without prior approval of the Secretary of
the Treasury and the Secretary of Education.
``(d) Termination of the Association.--In the event the shareholders
of the Association approve a plan of reorganization under subsection
(b), the Association shall dissolve, and the Association's separate
existence shall terminate on September 30, 2008, after discharge of all
outstanding debt obligations and liquidation pursuant to this
subsection. The Association may dissolve pursuant to this subsection
prior to such date by notifying the Secretary of Education and the
Secretary of the Treasury of the Association's intention to dissolve,
unless within 60 days after receipt of such notice the Secretary of
Education notifies the Association that the Association continues to be
needed to serve as a lender of last resort pursuant to section 439(q) or
continues to be needed to purchase loans under an agreement with the
Secretary described
[[Page 110 STAT. 3009-281]]
in subsection (c)(6). On the dissolution date, the Association shall
take the following actions:
``(1) Establishment of a trust.--The Association shall,
under the terms of an irrevocable trust agreement that is in
form and substance satisfactory to the Secretary of the
Treasury, the Association and the appointed trustee, irrevocably
transfer all remaining obligations of the Association to the
trust and irrevocably deposit or cause to be deposited into such
trust, to be held as trust funds solely for the benefit of
holders of the remaining obligations, money or direct
noncallable obligations of the United States or any agency
thereof for which payment the full faith and credit of the
United States is pledged, maturing as to principal and interest
in such amounts and at such times as are determined by the
Secretary of the Treasury to be sufficient, without
consideration of any significant reinvestment of such interest,
to pay the principal of, and interest on, the remaining
obligations in accordance with their terms. To the extent the
Association cannot provide money or qualifying obligations in
the amount required, the Holding Company shall be required to
transfer money or qualifying obligations to the trust in the
amount necessary to prevent any deficiency.
``(2) Use of trust assets.--All money, obligations, or
financial assets deposited into the trust pursuant to this
subsection shall be applied by the trustee to the payment of the
remaining obligations assumed by the trust.
``(3) Obligations not transferred to the trust.--The
Association shall make proper provision for all other
obligations of the Association not transferred to the trust,
including the repurchase or redemption, or the making of proper
provision for the repurchase or redemption, of any preferred
stock of the Association outstanding. Any obligations of the
Association which cannot be fully satisfied shall become
liabilities of the Holding Company as of the date of
dissolution.
``(4) Transfer of remaining assets.--After compliance with
paragraphs (1) and (3), any remaining assets of the trust shall
be transferred to the Holding Company or any subsidiary of the
Holding Company, as directed by the Holding Company.
``(e) Operation of the Holding Company.--In the event the
shareholders of the Association approve the plan of reorganization under
subsection (b), the following provisions shall apply beginning on the
reorganization effective date:
``(1) Holding company board of directors.--The number of
members and composition of the Board of Directors of the Holding
Company shall be determined as set forth in the Holding
Company's charter or like instrument (as amended from time to
time) or bylaws (as amended from time to time) and as permitted
under the laws of the jurisdiction of the Holding Company's
incorporation.
``(2) Holding company name.--The names of the Holding
Company and any subsidiary of the Holding Company (other than
the Association)--
``(A) may not contain the name `Student Loan
Marketing Association'; and
``(B) may contain, to the extent permitted by
applicable State or District of Columbia law, `Sallie
Mae' or variations thereof, or such other names as the
Board of Directors
[[Page 110 STAT. 3009-282]]
of the Association or the Holding Company deems
appropriate.
``(3) Use of sallie mae name.--Subject to paragraph (2), the
Association may assign to the Holding Company, or any subsidiary
of the Holding Company, the `Sallie Mae' name as a trademark or
service mark, except that neither the Holding Company nor any
subsidiary of the Holding Company (other than the Association or
any subsidiary of the Association) may use the `Sallie Mae' name
on, or to identify the issuer of, any debt obligation or other
security offered or sold by the Holding Company or any
subsidiary of the Holding Company (other than a debt obligation
or other security issued to and held by the Holding Company or
any subsidiary of the Holding Company). The Association shall
remit to the account established under section 3(e) of the
Student Loan Marketing Association Reorganization Act of 1996,
$5,000,000, within 60 days of the reorganization effective date
as compensation for the right to assign the `Sallie Mae' name as
a trademark or service mark.
``(4) Disclosure required.--Until 3 years after the
dissolution date, the Holding Company, and any subsidiary of the
Holding Company (other than the Association), shall prominently
display--
``(A) in any document offering the Holding Company's
securities, a statement that the obligations of the
Holding Company and any subsidiary of the Holding
Company are not guaranteed by the full faith and credit
of the United States; and
``(B) in any advertisement or promotional materials
which use the `Sallie Mae' name or mark, a statement
that neither the Holding Company nor any subsidiary of
the Holding Company is a government-sponsored enterprise
or instrumentality of the United States.
``(f) Strict Construction.--Except as specifically set forth in this
section, nothing in this section shall be construed to limit the
authority of the Association as a federally chartered corporation, or of
the Holding Company as a State or District of Columbia chartered
corporation.
``(g) Right To Enforce.--The Secretary of Education or the Secretary
of the Treasury, as appropriate, may request that the Attorney General
bring an action in the United States District Court for the District of
Columbia for the enforcement of any provision of this section, or may,
under the direction or control of the Attorney General, bring such an
action. Such court shall have jurisdiction and power to order and
require compliance with this section.
``(h) Deadline for Reorganization Effective Date.--This section
shall be of no further force and effect in the event that the
reorganization effective date does not occur on or before 18 months
after the date of enactment of this section.
``(i) Definitions.--For purposes of this section:
``(1) Association.--The term `Association' means the Student
Loan Marketing Association.
``(2) Dissolution date.--The term `dissolution date' means
September 30, 2008, or such earlier date as the Secretary of
Education permits the transfer of remaining obligations in
accordance with subsection (d).
[[Page 110 STAT. 3009-283]]
``(3) Holding company.--The term `Holding Company' means the
new business corporation established pursuant to this section by
the Association under the laws of any State of the United States
or the District of Columbia for the purposes of the
reorganization and restructuring described in subsection (a).
``(4) Remaining obligations.--The term `remaining
obligations' means the debt obligations of the Association
outstanding as of the dissolution date.
``(5) Remaining property.--The term `remaining property'
means the following assets and liabilities of the Association
which are outstanding as of the reorganization effective date:
``(A) Debt obligations issued by the Association.
``(B) Contracts relating to interest rate, currency,
or commodity positions or protections.
``(C) Investment securities owned by the
Association.
``(D) Any instruments, assets, or agreements
described in section 439(d) (including, without
limitation, all student loans and agreements relating to
the purchase and sale of student loans, forward purchase
and lending commitments, warehousing advances, academic
facilities obligations, letters of credit, standby bond
purchase agreements, liquidity agreements, and student
loan revenue bonds or other loans).
``(E) Except as specifically prohibited by this
section or section 439, any other nonmaterial assets or
liabilities of the Association which the Association's
Board of Directors determines to be necessary or
appropriate to the Association's operations.
``(6) Reorganization.--The term `reorganization' means the
restructuring event or events (including any merger event)
giving effect to the Holding Company structure described in
subsection (a).
``(7) Reorganization effective date.--The term
`reorganization effective date' means the effective date of the
reorganization as determined by the Board of Directors of the
Association, which shall not be earlier than the date that
shareholder approval is obtained pursuant to subsection (b) and
shall not be later than the date that is 18 months after the
date of enactment of this section.
``(8) Subsidiary.--The term `subsidiary' means one or more
direct or indirect subsidiaries.''.
(b) Technical Amendments.--
(1) Eligible lender.--
(A) Amendments to the higher education act.--
(i) Definition of eligible lender.--Section
435(d)(1)(F) of the Higher Education Act of 1965
(20 U.S.C. 1085(d)(1)(F)) is amended by inserting
after ``Student Loan Marketing Association'' the
following: ``or the Holding Company of the Student
Loan Marketing Association, including any
subsidiary of the Holding Company, created
pursuant to section 440,''.
(ii) Definition of eligible lender and federal
consolidation loans.--Sections 435(d)(1)(G) and
428C(a)(1)(A) of such Act (20 U.S.C. 1085(d)(1)(G)
and 1078-3(a)(1)(A)) are each amended by inserting
after ``Student Loan Marketing Association'' the
following:
[[Page 110 STAT. 3009-284]]
``or the Holding Company of the Student Loan
Marketing Association, including any subsidiary of
the Holding Company, created pursuant to section
440''.
(B) <<NOTE: 20 USC 1078-3 note.>> Effective date.--
The amendments made by this paragraph shall take effect
on the reorganization effective date as defined in
section 440(h) of the Higher Education Act of 1965 (as
added by subsection (a)).
(2) Enforcement of safety and soundness requirements.--
Section 439(r) of the Higher Education Act of 1965 (20 U.S.C.
1087-2(r)) is amended--
(A) in the first sentence of paragraph (12), by
inserting ``or the Association's associated persons''
after ``by the Association'';
(B) by redesignating paragraph (13) as paragraph
(15); and
(C) by inserting after paragraph (12) the following
new paragraph:
``(13) Enforcement of safety and soundness requirements.--
The Secretary of Education or the Secretary of the Treasury, as
appropriate, may request that the Attorney General bring an
action in the United States District Court for the District of
Columbia for the enforcement of any provision of this section,
or may, under the direction or control of the Attorney General,
bring such an action. Such court shall have jurisdiction and
power to order and require compliance with this section.''.
(3) Financial safety and soundness.--Section 439(r) of the
Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is further
amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(C)(i) financial statements of the Association
within 45 days of the end of each fiscal quarter; and
``(ii) reports setting forth the calculation of the
capital ratio of the Association within 45 days of the
end of each fiscal quarter.'';
(B) in paragraph (2)--
(i) by striking clauses (i) and (ii) of
subparagraph (A) and inserting the following:
``(i) appoint auditors or examiners to conduct
audits of the Association from time to time to determine
the condition of the Association for the purpose of
assessing the Association's financial safety and
soundness and to determine whether the requirements of
this section and section 440 are being met; and
``(ii) obtain the services of such experts as the
Secretary of the Treasury determines necessary and
appropriate, as authorized by section 3109 of title 5,
United States Code, to assist in determining the
condition of the Association for the purpose of
assessing the Association's financial safety and
soundness, and to determine whether the
[[Page 110 STAT. 3009-285]]
requirements of this section and section 440 are being
met.''; and
(ii) by adding at the end the following new
subparagraph:
``(D) Annual assessment.--
``(i) In general.--For each fiscal year beginning on
or after October 1, 1996, the Secretary of the Treasury
may establish and collect from the Association an
assessment (or assessments) in amounts sufficient to
provide for reasonable costs and expenses of carrying
out the duties of the Secretary of the Treasury under
this section and section 440 during such fiscal year. In
no event may the total amount so assessed exceed, for
any fiscal year, $800,000, adjusted for each fiscal year
ending after September 30, 1997, by the ratio of the
Consumer Price Index for All Urban Consumers (issued by
the Bureau of Labor Statistics) for the final month of
the fiscal year preceding the fiscal year for which the
assessment is made to the Consumer Price Index for All
Urban Consumers for September 1997.
``(ii) Deposit.--Amounts collected from assessments
under this subparagraph shall be deposited in an account
within the Treasury of the United States as designated
by the Secretary of the Treasury for that purpose. The
Secretary of the Treasury is authorized and directed to
pay out of any funds available in such account the
reasonable costs and expenses of carrying out the duties
of the Secretary of the Treasury under this section and
section 440. None of the funds deposited into such
account shall be available for any purpose other than
making payments for such costs and expenses.''; and
(C) by inserting after paragraph (13) (as added by
paragraph (2)(C)) the following new paragraph:
``(14) Actions by secretary.--
``(A) In general.--For any fiscal quarter ending
after January 1, 2000, the Association shall have a
capital ratio of at least 2.25 percent. The Secretary of
the Treasury may, whenever such capital ratio is not
met, take any one or more of the actions described in
paragraph (7), except that--
``(i) the capital ratio to be restored
pursuant to paragraph (7)(D) shall be 2.25
percent; and
``(ii) if the relevant capital ratio is in
excess of or equal to 2 percent for such quarter,
the Secretary of the Treasury shall defer taking
any of the actions set forth in paragraph (7)
until the next succeeding quarter and may then
proceed with any such action only if the capital
ratio of the Association remains below 2.25
percent.
``(B) Applicability.--The provisions of paragraphs
(4), (5), (6), (8), (9), (10), and (11) shall be of no
further application to the Association for any period
after January 1, 2000.''.
(4) Information required; dividends.--Section 439(r) of the
Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is further
amended--
[[Page 110 STAT. 3009-286]]
(A) by adding at the end of paragraph (2) (as
amended in paragraph (3)(B)(ii)) the following new
subparagraph:
``(E) Obligation to obtain, maintain, and report
information.--
``(i) In general.--The Association shall obtain such
information and make and keep such records as the
Secretary of the Treasury may from time to time
prescribe concerning--
``(I) the financial risk to the Association
resulting from the activities of any associated
person, to the extent such activities are
reasonably likely to have a material impact on the
financial condition of the Association, including
the Association's capital ratio, the Association's
liquidity, or the Association's ability to conduct
and finance the Association's operations; and
``(II) the Association's policies, procedures,
and systems for monitoring and controlling any
such financial risk.
``(ii) Summary reports.--The Secretary of the
Treasury may require summary reports of such information
to be filed no more frequently than quarterly. If, as a
result of adverse market conditions or based on reports
provided pursuant to this subparagraph or other
available information, the Secretary of the Treasury has
concerns regarding the financial or operational
condition of the Association, the Secretary of the
Treasury may, notwithstanding the preceding sentence and
clause (i), require the Association to make reports
concerning the activities of any associated person,
whose business activities are reasonably likely to have
a material impact on the financial or operational
condition of the Association.
``(iii) Definition.--For purposes of this
subparagraph, the term `associated person' means any
person, other than a natural person, directly or
indirectly controlling, controlled by, or under common
control with the Association.''; and
(B) by adding at the end the following new
paragraphs:
``(16) Dividends.--The Association may pay dividends in the
form of cash or noncash distributions so long as at the time of
the declaration of such dividends, after giving effect to the
payment of such dividends as of the date of such declaration by
the Board of Directors of the Association, the Association's
capital would be in compliance with the capital standards set
forth in this section.
``(17) Certification prior to payment of dividend.--Prior to
the payment of any dividend under paragraph (16), the
Association shall certify to the Secretary of the Treasury that
the payment of the dividend will be made in compliance with
paragraph (16) and shall provide copies of all calculations
needed to make such certification.''.
(c) Sunset of the Association's Charter if No Reorganization Plan
Occurs.--Section 439 of the Higher Education Act of 1965 (20 U.S.C.
1087-2) is amended by adding at the end the following new subsection:
``(s) Charter Sunset.--
[[Page 110 STAT. 3009-287]]
``(1) Application of provisions.--This subsection applies
beginning 18 months and one day after the date of enactment of
this subsection if no reorganization of the Association occurs
in accordance with the provisions of section 440.
``(2) Sunset plan.--
``(A) Plan submission by the association.--Not later
than July 1, 2007, the Association shall submit to the
Secretary of the Treasury and to the Chairman and
Ranking Member of the Committee on Labor and Human
Resources of the Senate and the Chairman and Ranking
Member of the Committee on Economic and Educational
Opportunities of the House of Representatives, a
detailed plan for the orderly winding up, by July 1,
2013, of business activities conducted pursuant to the
charter set forth in this section. Such plan shall--
``(i) ensure that the Association will have
adequate assets to transfer to a trust, as
provided in this subsection, to ensure full
payment of remaining obligations of the
Association in accordance with the terms of such
obligations;
``(ii) provide that all assets not used to pay
liabilities shall be distributed to shareholders
as provided in this subsection; and
``(iii) provide that the operations of the
Association shall remain separate and distinct
from that of any entity to which the assets of the
Association are transferred.
``(B) Amendment of the plan by the association.--The
Association shall from time to time amend such plan to
reflect changed circumstances, and submit such
amendments to the Secretary of the Treasury and to the
Chairman and Ranking Minority Member of the Committee on
Labor and Human Resources of the Senate and Chairman and
Ranking Minority Member of the Committee on Economic and
Educational Opportunities of the House of
Representatives. In no case may any amendment extend the
date for full implementation of the plan beyond the
dissolution date provided in paragraph (3).
``(C) Plan monitoring.--The Secretary of the
Treasury shall monitor the Association's compliance with
the plan and shall continue to review the plan
(including any amendments thereto).
``(D) Amendment of the plan by the secretary of the
treasury.--The Secretary of the Treasury may require the
Association to amend the plan (including any amendments
to the plan), if the Secretary of the Treasury deems
such amendments necessary to ensure full payment of all
obligations of the Association.
``(E) Implementation by the association.--The
Association shall promptly implement the plan (including
any amendments to the plan, whether such amendments are
made by the Association or are required to be made by
the Secretary of the Treasury).
``(3) Dissolution of the association.--The Association shall
dissolve and the Association's separate existence shall
terminate on July 1, 2013, after discharge of all outstanding
debt obligations and liquidation pursuant to this subsection.
[[Page 110 STAT. 3009-288]]
The Association may dissolve pursuant to this subsection prior
to such date by notifying the Secretary of Education and the
Secretary of the Treasury of the Association's intention to
dissolve, unless within 60 days of receipt of such notice the
Secretary of Education notifies the Association that the
Association continues to be needed to serve as a lender of last
resort pursuant to subsection (q) or continues to be needed to
purchase loans under an agreement with the Secretary described
in paragraph (4)(A). On the dissolution date, the Association
shall take the following actions:
``(A) Establishment of a trust.--The Association
shall, under the terms of an irrevocable trust agreement
in form and substance satisfactory to the Secretary of
the Treasury, the Association, and the appointed
trustee, irrevocably transfer all remaining obligations
of the Association to a trust and irrevocably deposit or
cause to be deposited into such trust, to be held as
trust funds solely for the benefit of holders of the
remaining obligations, money or direct noncallable
obligations of the United States or any agency thereof
for which payment the full faith and credit of the
United States is pledged, maturing as to principal and
interest in such amounts and at such times as are
determined by the Secretary of the Treasury to be
sufficient, without consideration of any significant
reinvestment of such interest, to pay the principal of,
and interest on, the remaining obligations in accordance
with their terms.
``(B) Use of trust assets.--All money, obligations,
or financial assets deposited into the trust pursuant to
this subsection shall be applied by the trustee to the
payment of the remaining obligations assumed by the
trust. Upon the fulfillment of the trustee's duties
under the trust, any remaining assets of the trust shall
be transferred to the persons who, at the time of the
dissolution, were the shareholders of the Association,
or to the legal successors or assigns of such persons.
``(C) Obligations not transferred to the trust.--The
Association shall make proper provision for all other
obligations of the Association, including the repurchase
or redemption, or the making of proper provision for the
repurchase or redemption, of any preferred stock of the
Association outstanding.
``(D) Transfer of remaining assets.--After
compliance with subparagraphs (A) and (C), the
Association shall transfer to the shareholders of the
Association any remaining assets of the Association.
``(4) Restrictions relating to winding up.--
``(A) Restrictions on new business activity or
acquisition of assets by the association.--
``(i) In general.--Beginning on July 1, 2009,
the Association shall not engage in any new
business activities or acquire any additional
program assets (including acquiring assets
pursuant to contractual commitments) described in
subsection (d) other than in connection with the
Association--
``(I) serving as a lender of last
resort pursuant to subsection (q); and
[[Page 110 STAT. 3009-289]]
``(II) purchasing loans insured
under this part, if the Secretary, with
the approval of the Secretary of the
Treasury, enters into an agreement with
the Association for the continuation or
resumption of the Association's
secondary market purchase program
because the Secretary determines there
is inadequate liquidity for loans made
under this part.
``(ii) Agreement.--The Secretary is authorized
to enter into an agreement described in subclause
(II) of clause (i) with the Association covering
such secondary market activities. Any agreement
entered into under such subclause shall cover a
period of 12 months, but may be renewed if the
Secretary determines that liquidity remains
inadequate. The fee provided under subsection
(h)(7) shall not apply to loans acquired under any
such agreement with the Secretary.
``(B) Issuance of debt obligations during the wind
up period; attributes of debt obligations.--The
Association shall not issue debt obligations which
mature later than July 1, 2013, except in connection
with serving as a lender of last resort pursuant to
subsection (q) or with purchasing loans under an
agreement with the Secretary as described in
subparagraph (A). Nothing in this subsection shall
modify the attributes accorded the debt obligations of
the Association by this section, regardless of whether
such debt obligations are transferred to a trust in
accordance with paragraph (3).
``(C) Use of association name.--The Association may
not transfer or permit the use of the name `Student Loan
Marketing Association', `Sallie Mae', or any variation
thereof, to or by any entity other than a subsidiary of
the Association.''.
(d) Repeals.--
(1) In general.--Sections 439 of the Higher Education Act of
1965 (20 U.S.C. 1087-2) and 440 of such Act (as added by
subsection (a) of this section) are repealed.
(2) Effective date.--The repeals <<NOTE: 20 USC 1087-2
note.>> made by paragraph (1) shall be effective one year
after--
(A) the date on which all of the obligations of the
trust established under section 440(d)(1) of the Higher
Education Act of 1965 (as added by subsection (a)) have
been extinguished, if a reorganization occurs in
accordance with section 440 of such Act; or
(B) the date on which all of the obligations of the
trust established under subsection 439(s)(3)(A) of such
Act (as added by subsection (c)) have been extinguished,
if a reorganization does not occur in accordance with
section 440 of such Act.
(e) <<NOTE: 20 USC 1087-2 note.>> Association Names.--Upon
dissolution in accordance with section 439(s) of the Higher Education
Act of 1965 (20 U.S.C. 1087-2), the names ``Student Loan Marketing
Association'', ``Sallie Mae'', and any variations thereof may not be
used by any entity engaged in any business similar to the business
conducted pursuant to section 439 of such Act (as such section was in
effect on the date of enactment of this Act) without the approval of the
Secretary of the Treasury.
[[Page 110 STAT. 3009-290]]
(f) <<NOTE: 20 USC 1087-2 note.>> Right to Enforce.--The Secretary
of Education or the Secretary of the Treasury, as appropriate, may
request that the Attorney General bring an action in the United States
District Court for the District of Columbia for the enforcement of any
provision of subsection (e), or may, under the direction or control of
the Attorney General, bring such an action. Such court shall have
jurisdiction and power to order and require compliance with subsection
(e).
SEC. 603. CONNIE <<NOTE: 20 USC 1132f-10.>> LEE PRIVATIZATION.
(a) Status of the Corporation and Corporate Powers; Obligations Not
Federally Guaranteed.--
(1) Status of the corporation.--The Corporation shall not be
an agency, instrumentality, or establishment of the United
States Government, nor a Government corporation, nor a
Government controlled corporation, as such terms are defined in
section 103 of title 5, United States Code. No action under
section 1491 of title 28, United States Code (commonly known as
the Tucker Act) shall be allowable against the United States
based on the actions of the Corporation.
(2) Corporate powers.--The Corporation shall be subject to
the provisions of this section, and, to the extent not
inconsistent with this section, to the District of Columbia
Business Corporation Act (or the comparable law of another
State, if applicable). The Corporation shall have the powers
conferred upon a corporation by the District of Columbia
Business Corporation Act (or such other applicable State law) as
from time to time in effect in order to conduct the
Corporation's affairs as a private, for-profit corporation and
to carry out the Corporation's purposes and activities
incidental thereto. The Corporation shall have the power to
enter into contracts, to execute instruments, to incur
liabilities, to provide products and services, and to do all
things as are necessary or incidental to the proper management
of the Corporation's affairs and the efficient operation of a
private, for-profit business.
(3) Limitation on ownership of stock.--
(A) Student loan marketing association.--The Student
Loan Marketing Association shall not increase its share
of the ownership of the Corporation in excess of 42
percent of the shares of stock of the Corporation
outstanding on the date of enactment of this Act. The
Student Loan Marketing Association shall not control the
operation of the Corporation, except that the Student
Loan Marketing Association may participate in the
election of directors as a shareholder, and may continue
to exercise the Student Loan Marketing Association's
right to appoint directors under section 754 of the
Higher Education Act of 1965 (20 U.S.C. 1132f-3) as long
as that section is in effect.
(B) Prohibition.--Until such time as the Secretary
of the Treasury sells the stock of the Corporation owned
by the Secretary of Education pursuant to subsection
(c), the Student Loan Marketing Association shall not
provide financial support or guarantees to the
Corporation.
(C) Financial support or guarantees.--After the
Secretary of the Treasury sells the stock of the
Corporation owned by the Secretary of Education pursuant
to subsection
[[Page 110 STAT. 3009-291]]
(c), the Student Loan Marketing Association may provide
financial support or guarantees to the Corporation, if
such support or guarantees are subject to terms and
conditions that are no more advantageous to the
Corporation than the terms and conditions the Student
Loan Marketing Association provides to other entities,
including, where applicable, other monoline financial
guaranty corporations in which the Student Loan
Marketing Association has no ownership interest.
(4) No federal guarantee.--
(A) Obligations insured by the corporation.--
(i) Full faith and credit of the united
states.--No obligation that is insured,
guaranteed, or otherwise backed by the Corporation
shall be deemed to be an obligation that is
guaranteed by the full faith and credit of the
United States.
(ii) Student loan marketing association.--No
obligation that is insured, guaranteed, or
otherwise backed by the Corporation shall be
deemed to be an obligation that is guaranteed by
the Student Loan Marketing Association.
(iii) Special rule.--This paragraph shall not
affect the determination of whether such
obligation is guaranteed for purposes of Federal
income taxes.
(B) Securities offered by the corporation.--No debt
or equity securities of the Corporation shall be deemed
to be guaranteed by the full faith and credit of the
United States.
(5) Definition.--The term ``Corporation'' as used in this
section means the College Construction Loan Insurance
Association as in existence on the day before the date of
enactment of this Act, and any successor corporation.
(b) Related Privatization Requirements.--
(1) Notice requirements.--
(A) In general.--During the six-year period
following the date of enactment of this Act, the
Corporation shall include, in each of the Corporation's
contracts for the insurance, guarantee, or reinsurance
of obligations, and in each document offering debt or
equity securities of the Corporation, a prominent
statement providing notice that--
(i) such obligations or such securities, as
the case may be, are not obligations of the United
States, nor are such obligations or such
securities, as the case may be, guaranteed in any
way by the full faith and credit of the United
States; and
(ii) the Corporation is not an instrumentality
of the United States.
(B) Additional notice.--During the five-year period
following the sale of stock pursuant to subsection
(c)(1), in addition to the notice requirements in
subparagraph (A), the Corporation shall include, in each
of the contracts and documents referred to in such
subparagraph, a prominent statement providing notice
that the United States is not an investor in the
Corporation.
(2) Corporate charter.--The Corporation's charter shall be
amended as necessary and without delay to conform to the
requirements of this section.
[[Page 110 STAT. 3009-292]]
(3) Corporate name.--The name of the Corporation, or of any
direct or indirect subsidiary thereof, may not contain the term
``College Construction Loan Insurance Association'', or any
substantially similar variation thereof.
(4) Articles of incorporation.--The Corporation shall amend
the Corporation's articles of incorporation without delay to
reflect that one of the purposes of the Corporation shall be to
guarantee, insure, and reinsure bonds, leases, and other
evidences of debt of educational institutions, including
Historically Black Colleges and Universities and other academic
institutions which are ranked in the lower investment grade
category using a nationally recognized credit rating system.
(5) Requirements until stock sale.--Notwithstanding
subsection (d), the requirements of sections 754 and 760 of the
Higher Education Act of 1965 (20 U.S.C. 1132f-3 and 1132f-9), as
such sections were in effect on the day before the date of
enactment of this Act, shall continue to be effective until the
day immediately following the date of closing of the purchase of
the Secretary of Education's stock (or the date of closing of
the final purchase, in the case of multiple transactions)
pursuant to subsection (c)(1) of this Act.
(c) Sale of Federally Owned Stock.--
(1) Purchase by the corporation.--The Secretary of the
Treasury shall sell and the Corporation shall purchase, within
90 days after the date of enactment of this Act, the stock of
the Corporation held by the Secretary of Education at a price
determined by the binding, independent appraisal of a nationally
recognized financial firm, except that the 90-day period may be
extended by mutual agreement of the Secretary of the Treasury
and the Corporation to not more than 150 days after the date of
enactment of this Act. The appraiser shall be jointly selected
by the Secretary of the Treasury and the Corporation. In the
event that the Secretary of the Treasury and the Corporation
cannot agree on the appraiser, then the Secretary of the
Treasury and the Corporation shall name an independent third
party to select the appraiser.
(2) Reimbursement of costs and expenses of sale.--The
Secretary of the Treasury shall be reimbursed from the proceeds
of the sale of the stock under this subsection for all
reasonable costs and expenses related to such sale, except that
one-half of all reasonable costs and expenses relating to the
independent appraisal under paragraph (1) shall be borne by the
Corporation.
(3) Deposit into account.--Amounts collected from the sale
of stock pursuant to this subsection that are not used to
reimburse the Secretary of the Treasury pursuant to paragraph
(2) shall be deposited into the account established under
subsection (e).
(4) Assistance by the corporation.--The Corporation shall
provide such assistance as the Secretary of the Treasury and the
Secretary of Education may require to facilitate the sale of the
stock under this subsection.
(5) Report to congress.--Not later than 6 months after the
date of enactment of this Act, the Secretary of the Treasury
shall report to the appropriate committees of Congress on the
completion and terms of the sale of stock of the Corporation
pursuant to this subsection.
[[Page 110 STAT. 3009-293]]
(d) Repeal of Statutory Restrictions and Related Provisions.--Part
D of title VII of the Higher Education Act of 1965 (20 U.S.C. 1132f et
seq.) is repealed.
(e) Establishment of Account.--
(1) In general.--Notwithstanding any other provision of law,
the District of Columbia Financial Responsibility and Management
Assistance Authority shall establish an account to receive--
(A) amounts collected from the sale and proceeds
resulting from the exercise of stock warrants pursuant
to section 440(c)(9) of the Higher Education Act of
1965;
(B) amounts and proceeds remitted as compensation
for the right to assign the ``Sallie Mae'' name as a
trademark or service mark pursuant to section 440(e)(3)
of the Higher Education Act of 1965; and
(C) amounts and proceeds collected from the sale of
the stock of the Corporation and deposited pursuant to
subsection (c)(3).
(2) Amounts and Proceeds.--
(A) Amounts and proceeds relating to sallie mae.--
The amounts and proceeds described in subparagraphs (A)
and (B) of paragraph (1) shall be used to finance public
elementary and secondary school facility construction
and repair within the District of Columbia or to carry
out the District of Columbia School Reform Act of 1995.
(B) Amounts and proceeds relating to connie lee.--
The amounts and proceeds described in subparagraph (C)
of paragraph (1) shall be used to finance public
elementary and secondary school facility construction
and repair within the District of Columbia.
SEC. 604. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED.
Part B of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.) is amended by adding after section 440 (as added by
section 602) the following new section:
``SEC. 440A. DISCRIMINATION IN <<NOTE: 20 USC 1087-4.>> SECONDARY
MARKETS PROHIBITED.
``The Student Loan Marketing Association (and, if the Association
is privatized under section 440, any successor entity functioning as a
secondary market for loans under this part, including the Holding
Company described in such section) shall not engage directly or
indirectly in any pattern or practice that results in a denial of a
borrower's access to loans under this part because of the borrower's
race, sex, color, religion, national origin, age, disability status,
income, attendance at a particular eligible institution, length of the
borrower's educational program, or the borrower's academic year at an
eligible institution.''.
TITLE VII--MUSEUM AND <<NOTE: Museum and Library Services Act of
1996. 20 USC 9101 note.>> LIBRARY SERVICES ACT OF 1996
SECTION 701. SHORT TITLE.
This title may be cited as the ``Museum and Library Services Act
of 1996''.
SEC. 702. MUSEUM AND LIBRARY SERVICES.
The Museum Services Act (20 U.S.C. 961 et seq.) is amended to read
as follows:
[[Page 110 STAT. 3009-294]]
``TITLE II--MUSEUM <<NOTE: Museum and Library Services Act.>> AND
LIBRARY SERVICES
``Subtitle A--General Provisions
``SEC. 201. <<NOTE: 20 USC 9101 note.>> SHORT TITLE.
``This title may be cited as the `Museum and Library Services
Act'.
``SEC. 202. <<NOTE: 20 USC 9101.>> GENERAL DEFINITIONS.
``As used in this title:
``(1) Commission.--The term `Commission' means the National
Commission on Libraries and Information Science established
under section 3 of the National Commission on Libraries and
Information Sciences Act (20 U.S.C. 1502).
``(2) Director.--The term `Director' means the Director of
the Institute appointed under section 204.
``(3) Institute.--The term `Institute' means the Institute
of Museum and Library Services established under section 203.
``(4) Museum board.--The term `Museum Board' means the
National Museum Services Board established under section 275.
``SEC. 203. <<NOTE: 20 USC 9102.>> INSTITUTE OF MUSEUM AND LIBRARY
SERVICES.
``(a) Establishment.--There is established, within the National
Foundation on the Arts and the Humanities, an Institute of Museum and
Library Services.
``(b) Offices.--The Institute shall consist of an Office of Museum
Services and an Office of Library Services. There shall be a National
Museum Services Board in the Office of Museum Services.
``SEC. 204. <<NOTE: 20 USC 9103.>> DIRECTOR OF THE INSTITUTE.
``(a) Appointment.--
``(1) In general.--The Institute shall be headed by a
Director, appointed by the President, by and with the advice and
consent of the Senate.
``(2) Term.--The Director shall serve for a term of 4 years.
``(3) Qualifications.--Beginning with the first individual
appointed to the position of Director after the date of
enactment of the Museum and Library Services Act of 1996, every
second individual so appointed shall be appointed from among
individuals who have special competence with regard to library
and information services. Beginning with the second individual
appointed to the position of Director after the date of
enactment of the Museum and Library Services Act of 1996, every
second individual so appointed shall be appointed from among
individuals who have special competence with regard to museum
services.
``(b) Compensation.--The Director may be compensated at the rate
provided for level III of the Executive Schedule under section 5314 of
title 5, United States Code.
``(c) Duties and Powers.--The Director shall perform such duties
and exercise such powers as may be prescribed by law, including awarding
financial assistance for activities described in this title.
``(d) Nondelegation.--The Director shall not delegate any of the
functions of the Director to any person who is not an officer or
employee of the Institute.
[[Page 110 STAT. 3009-295]]
``(e) Coordination.--The Director shall ensure coordination of
the policies and activities of the Institute with the policies
and activities of other agencies and offices of the Federal
Government having interest in and responsibilities for the improvement
of museums and libraries and information services.
``SEC. 205. <<NOTE: 20 USC 9104.>> DEPUTY DIRECTORS.
``The Office of Library Services shall be headed by a Deputy
Director, who shall be appointed by the Director from among individuals
who have a graduate degree in library science and expertise in library
and information services. The Office of Museum Services shall be headed
by a Deputy Director, who shall be appointed by the Director from among
individuals who have expertise in museum services.
``SEC. 206. <<NOTE: 20 USC 9105.>> PERSONNEL.
``(a) In General.--The Director may, in accordance with applicable
provisions of title 5, United States Code, appoint and determine the
compensation of such employees as the Director determines to be
necessary to carry out the duties of the Institute.
``(b) Voluntary Services.--The Director may accept and utilize the
voluntary services of individuals and reimburse the individuals for
travel expenses, including per diem in lieu of subsistence, in the same
amounts and to the same extent as authorized under section 5703 of title
5, United States Code, for persons employed intermittently in Federal
Government service.
``SEC. 207. <<NOTE: 20 USC 9106.>> CONTRIBUTIONS.
``The Institute is authorized to solicit, accept, receive, and
invest in the name of the United States, gifts, bequests, or devises of
money and other property or services and to use such property or
services in furtherance of the functions of the Institute. Any proceeds
from such gifts, bequests, or devises, after acceptance by the
Institute, shall be paid by the donor or the representative of the donor
to the Director. The Director shall enter the proceeds in a special-
interest bearing account to the credit of the Institute for the purposes
specified in each case.
``Subtitle B--Library <<NOTE: Library Services and Technology Act. 20
USC 9101 note.>> Services and Technology
``SEC. 211. SHORT TITLE.
``This subtitle may be cited as the `Library Services and
Technology Act'.
``SEC. 212. <<NOTE: 20 USC 9121.>> PURPOSE.
``It is the purpose of this subtitle--
``(1) to consolidate Federal library service programs;
``(2) to stimulate excellence and promote access to learning
and information resources in all types of libraries for
individuals of all ages;
``(3) to promote library services that provide all users
access to information through State, regional, national and
international electronic networks;
``(4) to provide linkages among and between libraries; and
``(5) to promote targeted library services to people of
diverse geographic, cultural, and socioeconomic backgrounds, to
individuals with disabilities, and to people with limited
functional literacy or information skills.
[[Page 110 STAT. 3009-296]]
``SEC. 213. <<NOTE: 20 USC 9122.>> DEFINITIONS.
``As used in this subtitle:
``(1) Indian tribe.--The term `Indian tribe' means any
tribe, band, nation, or other organized group or community,
including any Alaska native village, regional corporation, or
village corporation, as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized by the Secretary of the Interior as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
``(2) Library.--The term `library' includes--
``(A) a public library;
``(B) a public elementary school or secondary school
library;
``(C) an academic library;
``(D) a research library, which for the purposes of
this subtitle means a library that--
``(i) makes publicly available library
services and materials suitable for scholarly
research and not otherwise available to the
public; and
``(ii) is not an integral part of an
institution of higher education; and
``(E) a private library, but only if the State in
which such private library is located determines that
the library should be considered a library for purposes
of this subtitle.
``(3) Library consortium.--The term `library consortium'
means any local, statewide, regional, interstate, or
international cooperative association of library entities which
provides for the systematic and effective coordination of the
resources of school, public, academic, and special libraries and
information centers, for improved services for the clientele of
such library entities.
``(4) State.--The term `State', unless otherwise specified,
includes each of the 50 States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
``(5) State library administrative agency.--The term `State
library administrative agency' means the official agency of a
State charged by the law of the State with the extension and
development of public library services throughout the State.
``(6) State plan.--The term `State plan' means the document
which gives assurances that the officially designated State
library administrative agency has the fiscal and legal authority
and capability to administer all aspects of this subtitle,
provides assurances for establishing the State's policies,
priorities, criteria, and procedures necessary to the
implementation of all programs under this subtitle, submits
copies for approval as required by regulations promulgated by
the Director, identifies a State's library needs, and sets forth
the activities to be taken toward meeting the identified needs
supported with the assistance of Federal funds made available
under this subtitle.
``SEC. 214. AUTHORIZATION OF <<NOTE: 20 USC 9123.>> APPROPRIATIONS.
``(a) Authorization of Appropriations.--
[[Page 110 STAT. 3009-297]]
``(1) In general.--There are authorized to be appropriated
$150,000,000 for fiscal year 1997 and such sums as may be
necessary for each of the fiscal years 1998 through 2002 to
carry out this subtitle.
``(2) Transfer.--The Secretary of Education shall--
``(A) transfer promptly to the Director any funds
appropriated under the authority of paragraph (1), to
enable the Director to carry out this subtitle; and
``(B) not exercise any authority concerning the
administration of this title other than the transfer
described in subparagraph (A).
``(b) Forward Funding.--
``(1) In general.--To the end of affording the responsible
Federal, State, and local officers adequate notice of available
Federal financial assistance for carrying out ongoing library
activities and projects, appropriations for grants, contracts,
or other payments under any program under this subtitle are
authorized to be included in the appropriations Act for the
fiscal year preceding the fiscal year during which such
activities and projects shall be carried out.
``(2) Additional authorization of appropriations.--In order
to effect a transition to the timing of appropriation action
authorized by subsection (a), the application of this section
may result in the enactment, in a fiscal year, of separate
appropriations for a program under this subtitle (whether in the
same appropriations Act or otherwise) for two consecutive fiscal
years.
``(c) Administration.--Not more than 3 percent of the funds
appropriated under this section for a fiscal year may be used to pay for
the Federal administrative costs of carrying out this subtitle.
``CHAPTER 1--BASIC PROGRAM REQUIREMENTS
``SEC. 221. RESERVATIONS AND <<NOTE: 20 USC 9131.>> ALLOTMENTS.
``(a) Reservations.--
``(1) In general.--From the amount appropriated under the
authority of section 214 for any fiscal year, the Director--
``(A) shall reserve 1\1/2\ percent to award grants
in accordance with section 261; and
``(B) shall reserve 4 percent to award national
leadership grants or contracts in accordance with
section 262.
``(2) Special rule.--If the funds reserved pursuant to
paragraph (1)(B) for a fiscal year have not been obligated by
the end of such fiscal year, then such funds shall be allotted
in accordance with subsection (b) for the fiscal year succeeding
the fiscal year for which the funds were so reserved.
``(b) Allotments.--
``(1) In general.--From the sums appropriated under the
authority of section 214 and not reserved under subsection (a)
for any fiscal year, the Director shall award grants from
minimum allotments, as determined under paragraph (3), to each
State. Any sums remaining after minimum allotments are made for
such year shall be allotted in the manner set forth in paragraph
(2).
``(2) Remainder.--From the remainder of any sums
appropriated under the authority of section 214 that are not
reserved
[[Page 110 STAT. 3009-298]]
under subsection (a) and not allotted under paragraph (1) for
any fiscal year, the Director shall award grants to each State
in an amount that bears the same relation to such remainder as
the population of the State bears to the population of all
States.
``(3) Minimum allotment.--
``(A) In general.--For the purposes of this
subsection, the minimum allotment for each State shall
be $340,000, except that the minimum allotment shall be
$40,000 in the case of the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of
Palau.
``(B) Ratable reductions.--If the sum appropriated
under the authority of section 214 and not reserved
under subsection (a) for any fiscal year is insufficient
to fully satisfy the aggregate of the minimum allotments
for all States for that purpose for such year, each of
such minimum allotments shall be reduced ratably.
``(C) Special rule.--
``(i) In general.--Notwithstanding any other
provision of this subsection and using funds
allotted for the Republic of the Marshall Islands,
the Federated States of Micronesia, and the
Republic of Palau under this subsection, the
Director shall award grants to Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic of
Palau to carry out activities described in this
subtitle in accordance with the provisions of this
subtitle that the Director determines are not
inconsistent with this subparagraph.
``(ii) Award basis.--The Director shall award
grants pursuant to clause (i) on a competitive
basis and pursuant to recommendations from the
Pacific Region Educational Laboratory in Honolulu,
Hawaii.
``(iii) Termination of eligibility.--
Notwithstanding any other provision of law, the
Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau
shall not receive any funds under this subtitle
for any fiscal year that begins after September
30, 2001.
``(iv) Administrative costs.--The Director may
provide not more than 5 percent of the funds made
available for grants under this subparagraph to
pay the administrative costs of the Pacific Region
Educational Laboratory regarding activities
assisted under this subparagraph.
``(4) Data.--The population of each State and of all the
States shall be determined by the Director on the basis of the
most recent data available from the Bureau of the Census.
``SEC. 222. <<NOTE: 20 USC 9132.>> ADMINISTRATION.
``(a) In General.--Not more than 4 percent of the total amount of
funds received under this subtitle for any fiscal year by a State may be
used for administrative costs.
[[Page 110 STAT. 3009-299]]
``(b) Construction.--Nothing in this section shall be construed to
limit spending for evaluation costs under section 224(c) from sources
other than this subtitle.
``SEC. 223. PAYMENTS; FEDERAL SHARE; <<NOTE: 20 USC 9133.>> AND
MAINTENANCE OF EFFORT REQUIREMENTS.
``(a) Payments.--Subject to appropriations provided pursuant to
section 214, the Director shall pay to each State library administrative
agency having a State plan approved under section 224 the Federal share
of the cost of the activities described in the State plan.
``(b) Federal Share.--
``(1) In general.--The Federal share shall be 66 percent.
``(2) Non-federal share.--The non-Federal share of payments
shall be provided from non-Federal, State, or local sources.
``(c) Maintenance of Effort.--
``(1) State expenditures.--
``(A) Requirement.--
``(i) In general.--The amount otherwise
payable to a State for a fiscal year pursuant to
an allotment under this chapter shall be reduced
if the level of State expenditures, as described
in paragraph (2), for the previous fiscal year is
less than the average of the total of such
expenditures for the 3 fiscal years preceding that
previous fiscal year. The amount of the reduction
in allotment for any fiscal year shall be equal to
the amount by which the level of such State
expenditures for the fiscal year for which the
determination is made is less than the average of
the total of such expenditures for the 3 fiscal
years preceding the fiscal year for which the
determination is made.
``(ii) Calculation.--Any decrease in State
expenditures resulting from the application of
subparagraph (B) shall be excluded from the
calculation of the average level of State
expenditures for any 3-year period described in
clause (i).
``(B) Decrease in federal support.--If the amount
made available under this subtitle for a fiscal year is
less than the amount made available under this subtitle
for the preceding fiscal year, then the expenditures
required by subparagraph (A) for such preceding fiscal
year shall be decreased by the same percentage as the
percentage decrease in the amount so made available.
``(2) Level of state expenditures.--The level of State
expenditures for the purposes of paragraph (1) shall include all
State dollars expended by the State library administrative
agency for library programs that are consistent with the
purposes of this subtitle. All funds included in the maintenance
of effort calculation under this subsection shall be expended
during the fiscal year for which the determination is made, and
shall not include capital expenditures, special one-time project
costs, or similar windfalls.
``(3) Waiver.--The Director may waive the requirements of
paragraph (1) if the Director determines that such a waiver
[[Page 110 STAT. 3009-300]]
would be equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a precipitous and
unforeseen decline in the financial resources of the State.
``SEC. 224. <<NOTE: 20 USC 9134.>> STATE PLANS.
``(a) State Plan Required.--
``(1) In general.--In order to be eligible to receive a
grant under this subtitle, a State library administrative agency
shall submit a State plan to the Director not later than April
1, 1997.
``(2) Duration.--The State plan shall cover a period of 5
fiscal years.
``(3) Revisions.--If a State library administrative agency
makes a substantive revision to its State plan, then the State
library administrative agency shall submit to the Director an
amendment to the State plan containing such revision not later
than April 1 of the fiscal year preceding the fiscal year for
which the amendment will be effective.
``(b) Contents.--The State plan shall--
``(1) establish goals, and specify priorities, for the State
consistent with the purposes of this subtitle;
``(2) describe activities that are consistent with the goals
and priorities established under paragraph (1), the purposes of
this subtitle, and section 231, that the State library
administrative agency will carry out during such year using such
grant;
``(3) describe the procedures that such agency will use to
carry out the activities described in paragraph (2);
``(4) describe the methodology that such agency will use to
evaluate the success of the activities established under
paragraph (2) in achieving the goals and meeting the priorities
described in paragraph (1);
``(5) describe the procedures that such agency will use to
involve libraries and library users throughout the State in
policy decisions regarding implementation of this subtitle; and
``(6) provide assurances satisfactory to the Director that
such agency will make such reports, in such form and containing
such information, as the Director may reasonably require to
carry out this subtitle and to determine the extent to which
funds provided under this subtitle have been effective in
carrying out the purposes of this subtitle.
``(c) Evaluation and Report.--Each State library administrative
agency receiving a grant under this subtitle shall independently
evaluate, and report to the Director regarding, the activities assisted
under this subtitle, prior to the end of the 5-year plan.
``(d) Information.--Each library receiving assistance under this
subtitle shall submit to the State library administrative agency such
information as such agency may require to meet the requirements of
subsection (c).
``(e) Approval.--
``(1) In general.--The Director shall approve any State plan
under this subtitle that meets the requirements of this subtitle
and provides satisfactory assurances that the provisions of such
plan will be carried out.
[[Page 110 STAT. 3009-301]]
``(2) Public availability.--Each State library
administrative agency receiving a grant under this subtitle
shall make the State plan available to the public.
``(3) Administration.--If the Director determines that the
State plan does not meet the requirements of this section, the
Director shall--
``(A) immediately notify the State library
administrative agency of such determination and the
reasons for such determination;
``(B) offer the State library administrative agency
the opportunity to revise its State plan;
``(C) provide technical assistance in order to
assist the State library administrative agency in
meeting the requirements of this section; and
``(D) provide the State library administrative
agency the opportunity for a hearing.
``CHAPTER 2--LIBRARY PROGRAMS
``SEC. 231. <<NOTE: 20 USC 9141.>> GRANTS TO STATES.
``(a) In General.--Of the funds provided to a State library
administrative agency under section 214, such agency shall expend,
either directly or through subgrants or cooperative agreements, at least
96 percent of such funds for--
``(1)(A) establishing or enhancing electronic linkages among
or between libraries;
``(B) electronically linking libraries with educational,
social, or information services;
``(C) assisting libraries in accessing information through
electronic networks;
``(D) encouraging libraries in different areas, and
encouraging different types of libraries, to establish consortia
and share resources; or
``(E) paying costs for libraries to acquire or share
computer systems and telecommunications technologies; and
``(2) targeting library and information services to persons
having difficulty using a library and to underserved urban and
rural communities, including children (from birth through age
17) from families with incomes below the poverty line (as
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
``(b) Special Rule.--Each State library administrative agency
receiving funds under this chapter may apportion the funds available for
the purposes described in subsection (a) between the two purposes
described in paragraphs (1) and (2) of such subsection, as appropriate,
to meet the needs of the individual State.
``CHAPTER 3--ADMINISTRATIVE PROVISIONS
``Subchapter A--State Requirements
``SEC. 251. <<NOTE: 20 USC 9151.>> STATE ADVISORY COUNCILS.
``Each State desiring assistance under this subtitle may establish
a State advisory council which is broadly representative of the library
entities in the State, including public, school, academic,
[[Page 110 STAT. 3009-302]]
special, and institutional libraries, and libraries serving individuals
with disabilities.
``Subchapter B--Federal Requirements
``SEC. 261. <<NOTE: 20 USC 9161.>> SERVICES FOR INDIAN TRIBES.
``From amounts reserved under section 221(a)(1)(A) for any fiscal
year the Director shall award grants to organizations primarily serving
and representing Indian tribes to enable such organizations to carry out
the activities described in section 231.
``SEC. 262. <<NOTE: 20 USC 9162.>> NATIONAL LEADERSHIP GRANTS OR
CONTRACTS.
``(a) In General.--From the amounts reserved under section
221(a)(1)(B) for any fiscal year the Director shall establish and carry
out a program awarding national leadership grants or contracts to
enhance the quality of library services nationwide and to provide
coordination between libraries and museums. Such grants or contracts
shall be used for activities that may include--
``(1) education and training of persons in library and
information science, particularly in areas of new technology and
other critical needs, including graduate fellowships,
traineeships, institutes, or other programs;
``(2) research and demonstration projects related to the
improvement of libraries, education in library and information
science, enhancement of library services through effective and
efficient use of new technologies, and dissemination of
information derived from such projects;
``(3) preservation of digitization of library materials and
resources, giving priority to projects emphasizing coordination,
avoidance of duplication, and access by researchers beyond the
institution or library entity undertaking the project; and
``(4) model programs demonstrating cooperative efforts
between libraries and museums.
``(b) Grants or Contracts.--
``(1) In general.--The Director may carry out the activities
described in subsection (a) by awarding grants to, or entering
into contracts with, libraries, agencies, institutions of higher
education, or museums, where appropriate.
``(2) Competitive basis.--Grants and contracts under this
section shall be awarded on a competitive basis.
``(c) Special Rule.--The Director shall make every effort to
ensure that activities assisted under this section are administered by
appropriate library and museum professionals or experts.
``SEC. 263. <<NOTE: 20 USC 9163.>> STATE AND LOCAL INITIATIVES.
``Nothing in this subtitle shall be construed to interfere with
State and local initiatives and responsibility in the conduct of library
services. The administration of libraries, the selection of personnel
and library books and materials, and insofar as consistent with the
purposes of this subtitle, the determination of the best uses of the
funds provided under this subtitle, shall be reserved for the States and
their local subdivisions.
``Subtitle C--Museum Services
``SEC. 271. <<NOTE: 20 USC 9171.>> PURPOSE.
``It is the purpose of this subtitle--
[[Page 110 STAT. 3009-303]]
``(1) to encourage and assist museums in their educational
role, in conjunction with formal systems of elementary,
secondary, and postsecondary education and with programs of
nonformal education for all age groups;
``(2) to assist museums in modernizing their methods and
facilities so that the museums are better able to conserve the
cultural, historic, and scientific heritage of the United
States; and
``(3) to ease the financial burden borne by museums as a
result of their increasing use by the public.
``SEC. 272. <<NOTE: 20 USC 9172.>> DEFINITIONS.
``As used in this subtitle:
``(1) Museum.--The term `museum' means a public or private
nonprofit agency or institution organized on a permanent basis
for essentially educational or aesthetic purposes, that utilizes
a professional staff, owns or utilizes tangible objects, cares
for the tangible objects, and exhibits the tangible objects to
the public on a regular basis.
``(2) State.--The term `State' means each of the 50 States
of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
``SEC. 273. MUSEUM <<NOTE: 20 USC 9173.>> SERVICES ACTIVITIES.
``(a) Grants.--The Director, subject to the policy direction of
the Museum Board, may make grants to museums to pay for the Federal
share of the cost of increasing and improving museum services, through
such activities as--
``(1) programs that enable museums to construct or install
displays, interpretations, and exhibitions in order to improve
museum services provided to the public;
``(2) assisting museums in developing and maintaining
professionally trained or otherwise experienced staff to meet
the needs of the museums;
``(3) assisting museums in meeting the administrative costs
of preserving and maintaining the collections of the museums,
exhibiting the collections to the public, and providing
educational programs to the public through the use of the
collections;
``(4) assisting museums in cooperating with each other in
developing traveling exhibitions, meeting transportation costs,
and identifying and locating collections available for loan;
``(5) assisting museums in the conservation of their
collections;
``(6) developing and carrying out specialized programs for
specific segments of the public, such as programs for urban
neighborhoods, rural areas, Indian reservations, and penal and
other State institutions; and
``(7) model programs demonstrating cooperative efforts
between libraries and museums.
``(b) Contracts and Cooperative Agreements.--
``(1) Projects to strengthen museum services.--The Director,
subject to the policy direction of the Museum Board, is
authorized to enter into contracts and cooperative agreements
with appropriate entities, as determined by the Director, to
[[Page 110 STAT. 3009-304]]
pay for the Federal share of enabling the entities to undertake
projects designed to strengthen museum services, except that any
contracts or cooperative agreements entered into pursuant to
this subsection shall be effective only to such extent or in
such amounts as are provided in appropriations Acts.
``(2) Limitation on amount.--The aggregate amount of
financial assistance made available under this subsection for a
fiscal year shall not exceed 15 percent of the amount
appropriated under this subtitle for such fiscal year.
``(3) Operational expenses.--No financial assistance may be
provided under this subsection to pay for operational expenses.
``(c) Federal Share.--
``(1) 50 Percent.--Except as provided in paragraph (2), the
Federal share described in subsection (a) and (b) shall be not
more than 50 percent.
``(2) Greater than 50 percent.--The Director may use not
more than 20 percent of the funds made available under this
subtitle for a fiscal year to make grants under subsection (a),
or enter into contracts or agreements under subsection (b), for
which the Federal share may be greater than 50 percent.
``(d) Review and Evaluation.--The Director shall establish
procedures for reviewing and evaluating grants, contracts, and
cooperative agreements made or entered into under this subtitle.
Procedures for reviewing grant applications or contracts and
cooperative agreements for financial assistance under this
subtitle shall not be subject to any review outside of the
Institute.
``SEC. 274. <<NOTE: 20 USC 9174.>> AWARD.
``The Director, with the advice of the Museum Board, may annually
award a National Award for Museum Service to outstanding museums that
have made significant contributions in service to their communities.
``SEC. 275. <<NOTE: 20 USC 9175.>> NATIONAL MUSEUM SERVICES BOARD.
``(a) Establishment.--There is established in the Institute a
National Museum Services Board.
``(b) Composition and Qualifications.--
``(1) Composition.--The Museum Board shall consist of the
Director and 14 members appointed by the President, by and with
the advice and consent of the Senate.
``(2) Qualifications.--The appointive members of the Museum
Board shall be selected from among citizens of the United
States--
``(A) who are members of the general public;
``(B) who are or have been affiliated with--
``(i) resources that, collectively, are
broadly representative of the curatorial,
conservation, educational, and cultural resources
of the United States; or
``(ii) museums that, collectively, are broadly
representative of various types of museums,
including museums relating to science, history,
technology, art, zoos, and botanical gardens; and
``(C) who are recognized for their broad knowledge,
expertise, or experience in museums or commitment to
museums.
[[Page 110 STAT. 3009-305]]
``(3) Geographic and other representation.--Members of the
Museum Board shall be appointed to reflect persons from various
geographic regions of the United States. The Museum Board may
not include, at any time, more than 3 members from a single
State. In making such appointments, the President shall give due
regard to equitable representation of women, minorities, and
persons with disabilities who are involved with museums.
``(c) Terms.--
``(1) In general.--Each appointive member of the Museum
Board shall serve for a term of 5 years, except that--
``(A) of the members first appointed, 3 shall serve
for terms of 5 years, 3 shall serve for terms of 4
years, 3 shall serve for terms of 3 years, 3 shall serve
for terms of 2 years, and 2 shall serve for terms of 1
year, as designated by the President at the time of
nomination for appointment; and
``(B) any member appointed to fill a vacancy shall
serve for the remainder of the term for which the
predecessor of the member was appointed.
``(2) Reappointment.--No member of the Museum Board who has
been a member for more than 7 consecutive years shall be
eligible for reappointment.
``(3) Service until successor takes office.--Notwithstanding
any other provision of this subsection, a member of the Museum
Board shall serve after the expiration of the term of the member
until the successor to the member takes office.
``(d) Duties and Powers.--The Museum Board shall have the
responsibility to advise the Director on general policies with respect
to the duties, powers, and authority of the Institute relating to museum
services, including general policies with respect to--
``(1) financial assistance awarded under this subtitle for
museum services; and
``(2) projects described in section 262(a)(4).
``(e) Chairperson.--The President shall designate 1 of the
appointive members of the Museum Board as Chairperson of the Museum
Board.
``(f) Meetings.--
``(1) In general.--The Museum Board shall meet--
``(A) not less than 3 times each year, including--
``(i) not less than 2 times each year
separately; and
``(ii) not less than 1 time each year in a
joint meeting with the Commission, convened for
purposes of making general policies with respect
to financial assistance for projects described in
section 262(a)(4); and
``(B) at the call of the Director.
``(2) Vote.--All decisions by the Museum Board with respect
to the exercise of the duties and powers of the Museum Board
shall be made by a majority vote of the members of the Museum
Board who are present. All decisions by the Commission and the
Museum Board with respect to the policies described in paragraph
(1)(A)(ii) shall be made by a \2/3\ majority vote of the total
number of the members of the Commission and the Museum Board who
are present.
[[Page 110 STAT. 3009-306]]
``(g) Quorum.--A majority of the members of the Museum Board shall
constitute a quorum for the conduct of business at official meetings of
the Museum Board, but a lesser number of members may hold hearings. A
majority of the members of the Commission and a majority of the members
of the Museum Board shall constitute a quorum for the conduct of
business at official joint meetings of the Commission and the Museum
Board.
``(h) Compensation and Travel Expenses.--
``(1) Compensation.--Each member of the Museum Board who is
not an officer or employee of the Federal Government may be
compensated at a rate to be fixed by the President, but not to
exceed the daily equivalent of the maximum rate authorized for a
position above grade GS-15 of the General Schedule under section
5108 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the
performance of the duties of the Museum Board. All members of
the Museum Board who are officers or employees of the Federal
Government shall serve without compensation in addition to
compensation received for their services as officers or
employees of the Federal Government.
``(2) Travel expenses.--The members of the Museum Board may
be allowed travel expenses, including per diem in lieu of
subsistence, in the same amounts and to the same extent, as
authorized under section 5703 of title 5, United States Code,
for persons employed intermittently in Federal Government
service.
``(i) Coordination.--The Museum Board, with the advice of the
Director, shall take steps to ensure that the policies and activities of
the Institute are coordinated with other activities of the Federal
Government.
``SEC. 276. <<NOTE: 20 USC 9176.>> AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants.--For the purpose of carrying out this subtitle,
there are authorized to be appropriated to the Director $28,700,000 for
the fiscal year 1997, and such sums as may be necessary for each of the
fiscal years 1998 through 2002.
``(b) Administration.--Not more than 10 percent of the funds
appropriated under this section for a fiscal year may be used to pay for
the administrative costs of carrying out this subtitle.
``(c) Sums Remaining Available.--Sums appropriated pursuant to
subsection (a) for any fiscal year shall remain available for obligation
until expended.''.
SEC. 703. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE.
(a) Functions.--Section 5 of the National Commission on Libraries
and Information Science Act (20 U.S.C. 1504) is amended--
(1) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (a) the following:
``(b) The Commission shall have the responsibility to advise the
Director of the Institute of Museum and Library Services on general
policies with respect to the duties, powers, and authority of the
Institute of Museum and Library Services relating to library services,
including--
``(1) general policies with respect to--
[[Page 110 STAT. 3009-307]]
``(A) financial assistance awarded under the Museum
and Library Services Act for library services; and
``(B) projects described in section 262(a)(4) of
such Act; and
``(2) measures to ensure that the policies and activities of
the Institute of Museum and Library Services are coordinated
with other activities of the Federal Government.
``(c)(1) The Commission shall meet not less than 1 time each year
in a joint meeting with the National Museum Services Board, convened for
purposes of providing advice on general policy with respect to financial
assistance for projects described in section 262(a)(4) of such Act.
``(2) All decisions by the Commission and the National Museum
Services Board with respect to the advice on general policy described in
paragraph (1) shall be made by a \2/3\ majority vote of the total number
of the members of the Commission and the National Museum Services Board
who are present.
``(3) A majority of the members of the Commission and a majority
of the members of the National Museum Services Board shall constitute a
quorum for the conduct of business at official joint meetings of the
Commission and the National Museum Services Board.''.
(b) Membership.--Section 6 of the National Commission on Libraries
and Information Science Act (20 U.S.C. 1505) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``Librarian
of Congress'' and inserting ``Librarian of Congress, the
Director of the Institute of Museum and Library Services
(who shall serve as an ex officio, nonvoting member),'';
(B) in the second sentence--
(i) by striking ``special competence or
interest in'' and inserting ``special competence
in or knowledge of; and
(ii) by inserting before the period the
following: ``and at least one other of whom shall
be knowledgeable with respect to the library and
information service and science needs of the
elderly'';
(C) in the third sentence, by inserting
``appointive'' before ``members''; and
(D) in the last sentence, by striking ``term and at
least'' and all that follows and inserting ``term.'';
and
(2) in subsection (b), by striking ``the rate specified''
and all that follows through ``and while'' and inserting ``the
daily equivalent of the maximum rate authorized for a position
above grade GS-15 of the General Schedule under section 5108 of
title 5, United States Code, for each day (including travel-
time) during which the members are engaged in the business of
the Commission. While''.
SEC. 704. <<NOTE: 20 USC 9102 note.>> TRANSFER OF FUNCTIONS FROM
INSTITUTE OF MUSEUM SERVICES.
(a) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to the
term ``agency'' by section 551(1) of title 5, United States
Code;
[[Page 110 STAT. 3009-308]]
(2) the term ``function'' means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program; and
(3) the term ``office'' includes any office, administration,
agency, institute, unit, organizational entity, or component
thereof.
(b) Transfer of Functions From the Institute of Museum Services
and the Library Program Office.--There are transferred to the Director
of the Institute of Museum and Library Services established under
section 203 of the Museum and Library Services Act--
(1) all functions that the Director of the Institute of
Museum Services exercised before the date of enactment of this
section (including all related functions of any officer or
employee of the Institute of Museum Services); and
(2) all functions that the Director of Library Programs in
the Office of Educational Research and Improvement in the
Department of Education exercised before the date of enactment
of this section and any related function of any officer or
employee of the Department of Education.
(c) Determinations of Certain Functions by the Office of
Management and Budget.--If necessary, the Office of Management and
Budget shall make any determination of the functions that are
transferred under subsection (b).
(d) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this section, the Director of
the Institute of Museum and Library Services may delegate any of the
functions transferred to the Director of the Institute of Museum and
Library Services by this section and any function transferred or granted
to such Director of the Institute of Museum and Library Services after
the effective date of this section to such officers and employees of the
Institute of Museum and Library Services as the Director of the
Institute of Museum and Library Services may designate, and may
authorize successive redelegations of such functions as may be necessary
or appropriate, except that any delegation of any such functions with
respect to libraries shall be made to the Deputy Director of the Office
of Library Services and with respect to museums shall be made to the
Deputy Director of the Office of Museum
Services. No delegation of functions by the Director of the Institute of
Museum and Library Services under this section or under any other
provision of this section shall relieve such Director of the Institute
of Museum and Library Services of responsibility for the administration
of such functions.
(e) Reorganization.--The Director of the Institute of Museum and
Library Services may allocate or reallocate any function transferred
under subsection (b) among the officers of the Institute of Museum and
Library Services, and may establish, consolidate, alter, or discontinue
such organizational entities in the Institute of Museum and Library
Services as may be necessary or appropriate.
(f) Rules.--The Director of the Institute of Museum and Library
Services may prescribe, in accordance with chapters 5 and 6 of title 5,
United States Code, such rules and regulations as the Director of the
Institute of Museum and Library Services determines to be necessary or
appropriate to administer and manage the functions of the Institute of
Museum and Library Services.
[[Page 110 STAT. 3009-309]]
(g) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by this section, subject to section 1531 of title 31, United
States Code, shall be transferred to the Institute of Museum and Library
Services. Unexpended funds transferred pursuant to this subsection shall
be used only for the purposes for which the funds were originally
authorized and appropriated.
(h) Incidental Transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director shall
provide, may make such determinations as may be necessary with regard to
the functions transferred by this section, and make such additional
incidental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such functions,
as may be necessary to carry out this section. The Director of the
Office of Management and Budget shall provide for the termination of the
affairs of all entities terminated by this section and for such further
measures and dispositions as may be necessary to effectuate the purposes
of this section.
(i) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this
section, the transfer pursuant to this section of full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any such
employee to be separated or reduced in grade or compensation for
1 year after the date of transfer of such employee under this
section.
(2) Executive schedule positions.--Except as otherwise
provided in this section, any person who, on the day preceding
the effective date of this section, held a position compensated
in accordance with the Executive Schedule prescribed in chapter
53 of title 5, United States Code, and who, without a break in
service, is appointed in the Institute of Museum and Library
Services to a position having duties comparable to the duties
performed immediately preceding such appointment shall continue
to be compensated in such new position at not less than the rate
provided for such previous position, for the duration of the
service of such person in such new position.
(j) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges,
and other administrative actions--
(A) that have been issued, made, granted, or allowed
to become effective by the President, any Federal agency
or official of a Federal agency, or by a court of
competent jurisdiction, in the performance of functions
that are transferred under this section; and
(B) that were in effect before the effective date of
this section, or were final before the effective date of
this
[[Page 110 STAT. 3009-310]]
section and are to become effective on or after the
effective date of this section;
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Director of the Institute of Museum and Library
Services or other authorized official, a court of competent
jurisdiction, or by operation of law.
(2) Proceedings not affected.--This section shall not affect any
proceedings, including notices of proposed rulemaking, or any
application for any license, permit, certificate, or financial
assistance pending before the Institute of Museum Services on the
effective date of this section, with respect to functions transferred by
this section. Such proceedings and applications shall be continued.
Orders shall be issued in such proceedings, appeals shall be taken from
the orders, and payments shall be made pursuant to the orders, as if
this section had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this
paragraph shall be construed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been discontinued
or modified if this section had not been enacted.
(3) Suits not affected.--This section shall not affect suits
commenced before the effective date of this section, and in all
such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same effect
as if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Institute of Museum
Services, or by or against any individual in the official
capacity of such individual as an officer of the Institute of
Museum Services, shall abate by reason of the enactment of this
section.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Institute of
Museum Services relating to a function transferred under this
section may be continued by the Institute of Museum and Library
Services with the same effect as if this section had not been
enacted.
(k) Transition.--The Director of the Institute of Museum and
Library Services may utilize--
(1) the services of such officers, employees, and other
personnel of the Institute of Museum Services with respect to
functions transferred to the Institute of Museum and Library
Services by this section; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this section.
(l) References.--A reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to--
(1) the Director of the Institute of Museum Services with
regard to functions transferred under subsection (b), shall be
deemed to refer to the Director of the Institute of Museum and
Library Services; and
[[Page 110 STAT. 3009-311]]
(2) the Institute of Museum Services with regard to
functions transferred under subsection (b), shall be deemed to
refer to the Institute of Museum and Library Services.
(m) Additional Conforming Amendments.--
(1) Recommended legislation.--After consultation with the
appropriate committees of Congress and the Director of the
Office of Management and Budget, the Director of the Institute
of Museum and Library Services shall prepare and submit to the
appropriate committees of Congress recommended legislation
containing technical and conforming amendments to reflect the
changes made by this section.
(2) Submission to congress.--Not later than 6 months after
the effective date of this section, the Director of the
Institute of Museum and Library Services shall submit to the
appropriate committees of Congress the recommended legislation
referred to under paragraph (1).
SEC. 705. <<NOTE: 20 USC 9103 note.>> SERVICE OF INDIVIDUALS SERVING ON
DATE OF ENACTMENT.
Notwithstanding section 204 of the Museum and Library Services
Act, the individual who was appointed to the position of Director of the
Institute of Museum Services under section 205 of the Museum Services
Act (as such section was in effect on the day before the date of
enactment of this Act) and who is serving in such position on the day
before the date of enactment of this Act shall serve as the first
Director of the Institute of Museum and Library Services under section
204 of the Museum and Library Services Act (as added by section 2 of
this Act), and shall serve at the pleasure of the President.
SEC. 706. <<NOTE: 20 USC 9105 note.>> CONSIDERATION.
Consistent with title 5, United States Code, in appointing
employees of the Office of Library Services, the Director of the
Institute of Museum and Library Services shall give strong consideration
to individuals with experience in administering State-based and national
library and information services programs.
SEC. 707. <<NOTE: 20 USC 9102 note.>> TRANSITION AND TRANSFER OF FUNDS.
(a) Transition.--The Director of the Office of Management and
Budget shall take appropriate measures to ensure an orderly transition
from the activities previously administered by the Director of Library
Programs in the Office of Educational Research and Improvement in the
Department of Education to the activities administered by the Institute
for Museum and Library Services under this Act. Such measures may
include the transfer of appropriated funds.
(b) Transfer.--From any amounts available to the Secretary of
Education for salaries and expenses at the Department of Education, the
Secretary of Education shall transfer to the Director the amount of
funds necessary to ensure the orderly transition from activities
previously administered by the Director of the Office of Library
Programs in the Office of Educational Research and Improvement in the
Department of Education to the activities administered by the Institute
for Museum and Library Services. In no event shall the amount of funds
transferred pursuant to the preceding sentence be less than $200,000.
[[Page 110 STAT. 3009-312]]
SEC. 708. REPEALS.
(a) Library Services and Construction Act.--The Library Services
and Construction Act (20 U.S.C. 351 et seq.) is repealed.
(b) Title II of the Higher Education Act of 1965.--Title II of the
Higher Education Act of 1965 (20 U.S.C. 1021 et seq.), relating to
academic libraries and information services, is repealed.
(c) Part D of Title XIII of the Higher Education Amendments of
1986.--Part D of title XIII of the Higher Education Amendments of 1986
(20 U.S.C. 1029 note), relating to library resources, is repealed.
(d) Section 519 of the Education Amendments of 1974.--Section 519
of the Education Amendments of 1974 (20 U.S.C. 1221i) is repealed.
(e) Part F of the Technology for Education Act of 1994.--Part F of
the Technology for Education Act of 1994 (20 U.S.C. 7001 et seq.),
contained in title III of the Elementary and Secondary Education Act of
1965, is repealed.
SEC. 709. CONFORMING AMENDMENTS.
(a) References to Library Services and Construction Act.--
(1) Technology for education act of 1994.--Section 3113(10)
of the Technology for Education Act of 1994 (20 U.S.C. 6813(10))
is amended by striking ``section 3 of the Library Services and
Construction Act;'' and inserting ``section 213 of the Library
Services and Technology Act;''.
(2) Omnibus education reconciliation act of 1981.--Section
528 of the Omnibus Education Reconciliation Act of 1981 (20
U.S.C. 3489) is amended--
(A) by striking paragraph (12); and
(B) by redesignating paragraphs (13) through (15) as
paragraphs (12) through (14), respectively.
(3) Elementary and secondary education act of 1965.--Section
3113(10) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6813(10)) is amended by striking ``section 3 of the
Library Services and Construction Act'' and inserting ``section
213 of the Library Services and Technology Act''.
(4) Community improvement volunteer act of 1994.--Section
7305 of the Community Improvement Volunteer Act of 1994 (40
U.S.C. 276d-3) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (6) as
paragraphs (1) through (5), respectively.
(5) Appalachian regional development act of 1965.--Section
214(c) of the Appalachian Regional Development Act of 1965 (40
U.S.C. App. 214(c)) is amended by striking ``Library Services
and Construction Act;''.
(6) Demonstration cities and metropolitan development act of
1966.--Section 208(2) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is
amended by striking ``title II of the Library Services and
Construction Act;''.
(7) Public law 87-688.--Subsection (c) of the first section
of the Act entitled ``An Act to extend the application of
certain laws to American Samoa'', approved September 25, 1962
(48 U.S.C. 1666(c)) is amended by striking ``the Library
Services Act (70 Stat. 293; 20 U.S.C. 351 et seq.),''.
[[Page 110 STAT. 3009-313]]
(8) Communications act of 1934.--Paragraph (4) of section
254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)(4))
is amended by striking ``library not eligible for participation
in State-based plans for funds under title III of the Library
Services and Construction Act (20 U.S.C. 335c et seq.)'' and
inserting ``library or library consortium not eligible for
assistance from a State library administrative agency under the
Library Services and Technology Act''.
(b) References to Institute of Museum Services.--
(1) Title 5, united states code.--Section 5315 of title 5,
United States Code, is amended by striking the following:
``Director of the Institute of Museum Services.'' and
inserting the following:
``Director of the Institute of Museum and Library
Services.''.
(2) Department of education organization act.--Section 301
of the Department of Education Organization Act (20 U.S.C. 3441)
is amended--
(A) in subsection (a)--
(i) by striking paragraph (5); and
(ii) by redesignating paragraphs (6) and (7)
as paragraphs (5) and (6), respectively; and
(B) in subsection (b)--
(i) by striking paragraph (4); and
(ii) by redesignating paragraphs (5) through
(7) as paragraphs (4) through (6), respectively.
(3) Elementary and secondary education act of 1965.--
(A) Sections 2101(b), 2205(c)(1)(D),
2208(d)(1)(H)(v), and 2209(b)(1)(C)(iv), and subsection
(d)(6) and (e)(2) of section 10401 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6621(b),
6645(c)(1)(D), 6648(d)(1)(H)(v), 6649(b)(1)(C)(vi), and
8091 (d)(6) and (e)(2)) are amended by striking ``the
Institute of Museum Services'' and inserting ``the
Institute of Museum and Library Services''.
(B) Section 10412(b) of such Act (20 U.S.C. 8102(b))
is amended--
(i) in paragraph (2), by striking ``the
Director of the Institute of Museum Services,''
and inserting ``the Director of the Institute of
Museum and Library Services,''; and
(ii) in paragraph (7), by striking ``the
Director of the Institute of Museum Services,''
and inserting ``the director of the Institute of
Museum and Library Services,''.
(C) Section 10414(a)(2)(B) of such Act (20 U.S.C.
8104(a)(2)(B)) is amended by striking clause (iii) and
inserting the following new clause:
``(iii) the Institute of Museum and Library
Services.''.
(c) References to Office of Libraries and Learning Resources.--
Section 413(b)(1) of the Department of Education Organization Act (20
U.S.C. 3473(b)(1)) is amended--
(1) by striking subparagraph (H); and
(2) by redesignating subparagraphs (I) through (M) as
subparagraphs (H) through (L), respectively.
[[Page 110 STAT. 3009-314]]
(d) Reference to State Postsecondary Review Entity Programs.--
Section 356(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
10696(b)) is amended by striking ``II,''.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
1997''.
(f) For programs, projects or activities in the Treasury, Postal
Service, and General Appropriations Act, 1997, provided as follows, to
be effective as if it had been enacted into law as the regular
appropriations Act:
AN ACT
Making <<NOTE: Treasury, Postal Service, and General Government
Appropriations Act, 1997.>> appropriations for the Treasury Department,
the United States Postal Service, the Executive Office of the President,
and certain Independent Agencies, for the fiscal year ending September
30, 1997, and for other purposes.
TITLE I--DEPARTMENT OF THE TREASURY <<NOTE: Treasury Department
Appropriations Act, 1997.>>
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business;
not to exceed $2,900,000 for official travel expenses; not to exceed
$150,000 for official reception and representation expenses; not to
exceed $258,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Secretary of the
Treasury and to be accounted for solely on his certificate;
$111,760,000.
Automation Enhancement
including transfer of funds
For the development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$27,100,000, of which $15,000,000 shall be available to the United
States Customs Service for the Automated Commercial Environment project,
and of which $5,600,000 shall be available to the United States Customs
Service for the International Trade Data System: Provided, That these
funds shall remain available until September 30, 1999: Provided further,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds shall be used to
support or supplement Internal Revenue Service appropriations for
Information Systems and Tax Systems Modernization: Provided further,
That of the funds appropriated for the Automated Commercial Environment,
$3,475,000 may not be obligated until the Commissioner of Customs
consults with the Committees on Appropriations regarding deficiencies
identified by the General Accounting Office.
[[Page 110 STAT. 3009-315]]
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses;
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General of the Treasury;
$29,736,000.
Office of Professional Responsibility
salaries and expenses
For necessary expenses of the Office of Professional Responsibility,
including purchase and hire of passenger motor vehicles, $1,500,000.
Treasury Buildings and Annex Repair and Restoration
including transfer of funds
For the repair, alteration, and improvement of the Treasury Building
and Annex, $28,213,000, to remain available until expended: Provided,
That funds previously made available under this title for the Secret
Service Headquarter's building shall be transferred to the Secret
Service Acquisition, Construction, Improvement and Related Expenses
appropriation.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement; $22,387,000: Provided, That
notwithstanding any other provision of law, the Director of the
Financial Crimes Enforcement Network may procure up to $500,000 in
specialized, unique, or novel automatic data processing equipment,
ancillary equipment, software, services, and related resources from
commercial vendors without regard to otherwise applicable procurement
laws and regulations and without full and open competition, utilizing
procedures best suited under the circumstances of the procurement to
efficiently fulfill the agency's requirements: Provided further, That
funds appropriated in this account may be used to procure personal
services contracts.
Department of the Treasury Forfeiture Fund
For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $10,000,000, to be
derived from deposits in the fund: Provided, That notwithstanding any
other provision of law, not to exceed $7,500,000 shall
[[Page 110 STAT. 3009-316]]
be made available for the development of a Federal wireless
communication system: Provided further, That the Secretary of the
Treasury is authorized to receive all unavailable collections
transferred from the Special Forfeiture Fund established by section 6073
of the Anti-Drug Abuse Act of 1988 (21
U.S.C. 1509) by the Director of the Office of Drug Control Policy as a
deposit into the Treasury Forfeiture Fund (31 U.S.C. 9703(a)).
Violent Crime Reduction Programs
including transfer of funds
For activities authorized by Public Law 103-322, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, as follows:
(a) As authorized by section 190001(e), $89,000,000, of which
$36,595,000 shall be available to the Bureau of Alcohol, Tobacco and
Firearms, of which $3,000,000 shall be available for administering the
Gang Resistance Education and Training program, of which $3,662,000
shall be available for ballistics technologies, including the purchase,
maintenance and upgrading of equipment and of which $29,133,000 shall be
available to enhance training and purchase equipment and services, and
of which $800,000 shall be available for project LEAD; of which
$18,300,000 shall be available to the Secretary as authorized by section
732 of Public Law 104-132, as amended by Section 113 of the Fiscal Year
1997 Department of Commerce, Justice and State, and the Judiciary, and
Related Agencies Appropriations Act; of which $1,000,000 shall be
available to the Financial Crimes Enforcement Network; of which
$20,000,000 shall be available to the United States Secret Service, of
which no less than $1,400,000 shall be available for a grant for
activities related to the investigations of missing and exploited
children; and of which $13,105,000 shall be available to the Federal
Drug Control Programs, High Intensity Drug Trafficking Areas program
(b) As authorized by section 32401, $8,000,000, for disbursement
through grants, cooperative agreements or contracts, to local
governments for Gang Resistance Education and Training: Provided, That
notwithstanding sections 32401 and 310001, such funds shall be allocated
only to the affected State and local law enforcement and prevention
organizations participating in such projects.
Treasury Franchise Fund
There is hereby established in the Treasury a <<NOTE: 31 USC 501
note.>> franchise fund pilot, as authorized by section 403 of Public
Law 103-356, to be available as provided in such section for expenses
and equipment necessary for the maintenance and operation of such
financial and administrative support services as the Secretary
determines may be performed more advantageously as central services:
Provided, That any inventories, equipment, and other assets pertaining
to the services to be provided by such fund, either on hand or on order,
less the related liabilities or unpaid obligations, and any
appropriations made for the purpose of providing capital, shall be used
to capitalize such fund: Provided further, That such fund shall be
reimbursed or credited with the payments, including advanced payments,
from applicable appropriations and funds available to the Department and
other Federal agencies for which such administrative and financial
service