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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 63 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 627

104th CONGRESS

  2d Session

                             S. J. RES. 63

_______________________________________________________________________

                            JOINT RESOLUTION

 Making continuing appropriations for the fiscal year ending September 
                   30, 1997, and for other purposes.

_______________________________________________________________________

           September 24 (legislative day, September 20), 1996

                          Read the first time

                           September 24, 1996

            Read the second time and placed on the calendar

                                                       Calendar No. 627
104th CONGRESS
  2d Session
S. J. RES. 63

 Making continuing appropriations for the fiscal year ending September 
                   30, 1997, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 24 (legislative day, September 20), 1996

Mr. Hatfield introduced the following joint resolution; which was read 
                             the first time

                           September 24, 1996

            Read the second time and placed on the calendar

_______________________________________________________________________

                            JOINT RESOLUTION

 
 Making continuing appropriations for the fiscal year ending September 
                   30, 1997, and for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That:

                               DIVISION 1

the following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, and out of applicable corporate or other 
revenues, receipts, and funds, 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) Such amounts as may be necessary for programs, 
projects or activities provided for in the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1997, at a rate of operations and to the extent and in the manner 
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 Commerce, Justice, and 
State, the Judiciary, and related agencies for the fiscal year ending 
September 30, 1997, and for other purposes.

                     TITLE I--DEPARTMENT 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: 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.

               telecommunications carrier compliance fund

    For necessary expenses, as determined by the Attorney General, 
$40,000,000 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 109 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.

                   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), 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 of 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 $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, 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.

                   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, $921,440,000; 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 in addition to reimbursable full-time equivalent 
workyears available to the Office of the United States Attorneys, 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 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.

           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.

                    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; $2,489,361,000, 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 or 
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 
(Public Law 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 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.

                              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; 
$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 or 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 for the current fiscal 
year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance and operation of aircraft; and research related to 
immigration enforcement; $1,600,000,000, 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 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.
    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 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 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 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.

                    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 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, $329,000,000, 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 (``the 1990 Act''); $2,056,180,000, 
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 
$231,000,000 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; 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 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 
$18,000,000 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'' 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 of this amount, $20,000,000 
shall be available for programs of Police Corps education, training and 
service as set forth in sections 200101-200113 of the 1994 Act: 
Provided further, 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.

                       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 title II of the Juvenile Justice and 
Delinquency Prevention Act of 1974, 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 programs: Provided further, 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 section 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 (Public Law 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. Nothing 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. 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 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.
    ``(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) 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 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. 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.
    ``(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 
        regarding the number of simultaneous law enforcement 
        communication intercepts, pen registers, and trap and traces 
        devices that authorized agencies may seek to conduct as well as 
        a detailed county by county listing for wireline services and a 
        detailed market service area listing for wireless of the 
        relevant historical baseline electronic surveillance activity 
        on which the proposed capacity requirements are based;
            ``(3) a detailed county by county listing of proposed 
        actual and maximum capacity requirements for wireline services 
        and a detailed market service area listing of proposed actual 
        and maximum capacity requirements for wireless mobile services;
            ``(4) a prioritized list of embedded based technologies 
        (those deployed prior to January 1, 1995) to be modified by 
        carriers, if necessary, in accordance with law enforcement's 
        investigative needs and the impact on electronic surveillance 
        capabilities;
            ``(5) a projected reimbursement plan that estimates for the 
        coming fiscal year and for each fiscal year thereafter, based 
        upon the prioritization of law enforcement needs as outlined in 
        (4), those embedded based technologies for modification by 
        carriers, if necessary.''
    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. TAGGANTS.

    (a) Public Law 104-132 is amended by deleting section 732(a)(2) 
regarding exclusions and inserting after section 732(e)(2):
            ``(3) For purposes of this subsection, explosive material 
        does not include smokeless or black powder manufactured for 
        uses set forth in 18 U.S.C. 845(a) (4) and (5).''.
    (b) Public Law 104-132 is amended by deleting section 732(d) 
regarding hearings.
    (c) Public Law 104-132 section 732(e)(2) is amended by deleting 
``270'' and inserting ``90''.

SEC. 114. MULTIPOINT WIRETAPS.

    (a) Section 2518(11)(b)(ii) of title 18, United States Code is 
amended by deleting ``of a purpose, on the part of that person, to 
thwart interception by changing facilities'' and inserting ``that the 
person had the intent to thwart interception or that the person's 
actions and conduct would have the effect of thwarting interception 
from a specified facility''.
    (b) Section 2518(11)(b)(iii) is amended to read: ``(iii) the judge 
finds that such showing has been adequately made.''.
    (c) The amendments made by subsection (a) and (b) of this amendment 
shall be effective 1 day after the enactment of this Act.

SEC. 115. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN CERTAIN 
              TERRORISM RELATED OFFENSES.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c)--
                    (A) by inserting before ``or section 1992 (relating 
                to wrecking trains)'' the following: ``section 2332 
                (relating to terrorist acts abroad), section 2332a 
                (relating to weapons of mass destruction), section 
                2332b (relating to acts of terrorism transcending 
                national boundaries), section 2339A (relating to 
                providing material support to terrorists), section 37 
                (relating to violence at international airports),''; 
                and
                    (B) by inserting after ``section 175 (relating to 
                biological weapons),'' the following: ``or a felony 
                violation under section 1028 (relating to production of 
                false identification documentation), sections 1541, 
                1542, 1543, 1544, and 1546 (relating to passport and 
                visa offenses),'';
            (2) by striking ``and'' at the end of paragraph (n);
            (3) by redesignating paragraph (o) as paragraph (q); and
            (4) by inserting after paragraph (n) the following new 
        subparagraphs:
    ``(o) any violation of section 956 or section 960 of title 18, 
United States Code (relating to certain actions against foreign 
nations);
    ``(p) any violation of section 46502 of title 49, United States 
Code; and''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 1997''.

         TITLE II--DEPARTMENT 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 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 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 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.

                          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, $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 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. 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: 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.

                         Science and Technology

                       Technology Administration

       under secretary for technology/office of technology policy

    For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $7,500,000: Provided, That $1,250,000 of 
the total amount provided under this heading shall be available to 
support the United States-Israel Science and Technology Commission.

             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, 
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 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 each, 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, 
$110,500,000, to remain available until expended, of which not to 
exceed $500,000 may be transferred to the ``Working Capital Fund'': 
Provided, That funds made available under this heading may only be used 
for the purposes of providing continuation grants.

            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; not to exceed 358 
commissioned officers on the active list; 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; $1,848,067,000, 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 $1,845,067,000: 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.

                      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, $49,750,000, to remain 
available until expended.

            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 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 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 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. 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) 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 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 any way to the North Pacific halibut and sablefish, 
South Atlantic wreckfish, or the Mid-Atlantic surfclam and ocean 
(including mahogany) quohog individual 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. 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.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 1997''.

                        TITLE 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 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 appointed to 
represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d); $308,000,000, to remain 
available until expended as authorized by 18 U.S.C. 3006A(i).

                    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 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.

                   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. 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. (a) Establishment and Functions of Commission.--
            (1) Establishment.--There is established a Commission on 
        Structural Alternatives for the Federal Courts of Appeals 
        (hereinafter referred to as the ``Commission'').
            (2) Functions.--The function of the Commission shall be 
        to--
                    (A) study the present division of the United States 
                into the several judicial circuits;
                    (B) study the structure and alignment of the 
                Federal courts of appeals with particular reference to 
                the ninth circuit; and
                    (C) report to the President and Congress its 
                recommendations for such changes in circuit boundaries 
                or structure as may be appropriate for the expeditious 
                and effective disposition of the caseload of the 
                Federal Courts of Appeal, consistent with fundamental 
                concepts of fairness and due process.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 
        eleven members appointed as follows:
                    (A) Two members appointed by the President of the 
                United States.
                    (B) Three members appointed by the majority leader 
                of the Senate, in consultation with the minority leader 
                of the Senate.
                    (C) Three members appointed by the Speaker of the 
                House of Representatives, in consultation with the 
                minority leader of the House of Representatives.
                    (D) Three members appointed by the Chief Justice of 
                the United States Supreme Court.
            (2) Vacancy.--Any vacancy in the Commission shall be filled 
        in the same manner as the original appointment.
            (3) Chair.--The Commission shall elect a Chair and Vice 
        Chair from among its members.
            (4) Quorum.--Six members of the Commission shall constitute 
        a quorum, but three may conduct hearings.
    (c) Compensation.--
            (1) In general.--Members of the Commission who are 
        officers, or full-time employees, of the United States shall 
        receive no compensation for their services, but shall be 
        reimbursed for travel, subsistence, and other necessary 
        expenses incurred in the performance of duties vested in the 
        Commission, but not in excess of the maximum amounts authorized 
        under section 456 of title 28, United States Code.
            (2) Private members.--Members of the Commission from 
        private life shall receive $200 per diem for each day 
        (including travel time) during which the member is engaged in 
        the actual performance of duties vested in the Commission, plus 
        reimbursement for travel, subsistence, and other necessary 
        expenses incurred in the performance of such duties, but not in 
        excess of the maximum amounts authorized under section 456 of 
        title 28, United States Code.
    (d) Personnel.--
            (1) Executive director.--The Commission may appoint an 
        Executive Director who shall receive compensation at a rate not 
        exceeding the rate prescribed for level V of the Executive 
        Schedule under section 5316 of title V, United States Code.
            (2) Staff.--The Executive Director, with approval of the 
        Commission, may appoint and fix the compensation of such 
        additional personnel as he determines necessary, without regard 
        to the provisions of title 5, United States Code, governing 
        appointments in the competitive service or the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates. 
        Compensation under this subsection shall not exceed the annual 
        maximum rate of basic pay for a position above GS-15 of the 
        General Schedule under section 5108 of title 5, United States 
        Code.
            (3) Experts and consultants.--The Executive Director may 
        procure personal services of experts and consultants as 
        authorized by section 3109 of title 5, United States Code, at 
        rates not to exceed the highest level payable under the General 
        Schedule pay rates under section 5332 of title 5, United States 
        Code.
            (4) Services.--The Administrative Office of the United 
        States Courts shall provide administrative services, including 
        financial and budgeting services, for the Commission on a 
        reimbursable basis. The Federal Judicial Center shall provide 
        necessary research services on a reimbursable basis.
    (e) Information.--The Commission is authorized to request from any 
department, agency, or independent instrumentality of the Government 
any information and assistance it determines necessary to carry out its 
functions under this title and each such department, agency, and 
independent instrumentality is authorized to provide such information 
and assistance to the extent permitted by law when requested by the 
Chair of the Commission.
    (f) Report.--The Commission shall transmit its report to the 
President and the Congress no later than one year after enactment of 
this Act. The Commission shall terminate ninety days after the date of 
the submission of its report.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission such sums, not to exceed $500,000, as 
may be necessary to carry out the purposes of this title. Such sums as 
are appropriated shall remain available until expended.
    (h) Congressional Consideration.--Within sixty days of the 
transmission of the report, the Committee on the Judiciary of the 
Senate shall act on the report.
    This title may be cited as ``The Judiciary Appropriations Act, 
1997''.

           TITLE 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; $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 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 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 inspections: Provided, That notwithstanding any 
other provision of law, the merger of the Office of the Inspector 
General of the United States Information Agency with the Office of the 
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 
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(6)(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.

              International Organizations and Conferences

              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, $875,000,000: 
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, $80,000,000 
may be made available only in quarterly installments of $20,000,000 
pursuant to a certification by the Secretary of State on a quarterly 
basis that the United Nations has taken no action to increase funding 
for any United Nations program without identifying during such quarter 
an offsetting decrease elsewhere in the United Nations budget; and that 
the United Nations has taken no action to exceed its no growth budget 
for the biennium 1996-1997 adopted in December, 1995: Provided further, 
That if for any quarter, the Secretary of State is unable to make the 
aforementioned certification, the $20,000,000 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: 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 or 
restoration of international peace and security, $282,600,000: 
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 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.

                              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, $30,000,000, 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, 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, 
student advising and counseling, and publication programs as authorized 
by section 810 of such Act of 1948 (22 U.S.C. 1475e): 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, as 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), $184,000,000, 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-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)).

                            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 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, 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.
    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.

                       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 on the Advancement of Federal Law Enforcement

                         salaries and expenses

    For necessary expenses of the Commission on the Advancement of 
Federal Law Enforcement, as authorized by the Antiterrorism and 
Effective Death Penalty Act of 1996, $2,000,000, to remain available 
until September 30, 1998.

      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.

                       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 $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; $12,725,000: 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 
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, $2,000,000, to remain available until expended: Provided, 
That these funds will be available only upon enactment of an 
authorization for this Commission.

               Japan-United States Friendship Commission

               japan-united states friendship trust fund

    For expenses of the Japan-United States Friendship Commission, as 
authorized by Public Law 94-118, as amended, from the interest earned 
on the Japan-United States Friendship Trust Fund, $1,250,000; and an 
amount of Japanese currency not to exceed the equivalent of $1,420,000 
based on exchange rates at the time of payment of such amounts as 
authorized by Public Law 94-118.

                       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, 
$278,000,000, of which $269,400,000 is for basic field programs and 
required independent audits; $1,500,000 is for the Office of the 
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 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 (Public Law 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.

                   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, $265,400,000, 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 
related lodging or subsistence: 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 
immediately upon enactment of this Act or October 1, 1996, whichever 
occurs later, 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 (1) on or 
before March 15, 1997, with respect to transactions occurring during 
the period beginning immediately upon enactment of this Act or October 
1, 1996, whichever occurs later, and ending at the close of December 
31, 1996; and (2) on or before September 30, 1997, with respect to 
transactions and sales occurring 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 
$25,400,000: Provided further, That any such fees collected in excess 
of $240,000,000 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.

                      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 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.

                      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.
    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 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 under the heading 
``Fleet Modernization, Shipbuilding and Conversion'' may be used to 
implement sections 603, 604, and 605 of Public Law 102-567.
    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'', not more than ninety percent of the amount to be awarded 
to an entity under 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 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) 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 of 1986), who is engaged in 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 laboratory 
services provided in a physician's office), if 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.
    ``(3) For purposes of this subsection:
            ``(A) The term `body' means--
                    ``(i) a human body, organ, or cadaver; or
                    ``(ii) a nonhuman animal used in medical research 
                or instruction directly relating to the treatment of 
                humans.
            ``(B) 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.
            ``(C) The term `medical practitioner' means any natural 
        person who is--
                    ``(i) licensed by a State to provide the medical 
                activity described under paragraph (1); or
                    ``(ii) acting under the direction of such natural 
                person in the performance of the medical activity.
            ``(D) 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 if the use of that composition of matter 
        does not directly contribute to achievement of the objective of 
        the claimed method.
            ``(E) The term `professional affiliation' means staff 
        privileges, medical staff membership, employment or contractual 
        relationship, partnership or ownership interest, academic 
        appointment, or other affiliation under which a medical 
        practitioner provides a medical activity on behalf of, or in 
        association with, a health care entity.
            ``(F) The term `related health care entity'--
                    ``(i) means an entity with which a medical 
                practitioner has a professional affiliation under which 
                the medical practitioner performs a medical activity; 
                and
                    ``(ii) includes such an affiliation with a nursing 
                home, hospital, university, medical school, health 
                maintenance organization, group medical practice, or a 
                medical clinic.
            ``(G) The term `State' means any State or territory of the 
        United States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
    ``(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. 618. Certain United States Origin Historic Firearms Imports.--
Notwithstanding any other provision of law, no department, agency, or 
instrumentality of the United States receiving appropriated funds under 
this Act or any other Act shall obligate or expend in any way such 
funds to pay administrative expenses or the compensation of any officer 
or employee of the United States to deny any application submitted 
pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 C.F.R. 
Sec. Sec. 178.112 or .113, for a permit to import United States origin 
``curios or relics'' firearms, parts, or ammunition.

SEC. 619. REACTIVATION OF CLOSED SHIPYARDS.

    (a) 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 currently 
closed shipyards in the United States, provided 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 
        adjacent States, if applicable, 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 
for the reactivation and modernization of a closed shipyard that meets 
the requirements of subsection (a) of 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.) prior to issuing a 
guarantee or a commitment to guarantee obligations issued in connection 
with the reactivation and modernization of closed shipyards under this 
section.
    (d) Funding Provisions.--
            (1) The Secretary may not guarantee or commit to guarantee 
        obligations issued in connection with the reactivation and 
        modernization of closed shipyards under this section that 
        exceed $100,000,000 in the aggregate.
            (2) The amount of appropriated funds required by the 
        provisions of 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 shall be provided by the 
        State in which the shipyard is located, and adjacent States, if 
        applicable, or 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.). The 
        funds deposited into said 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.). 
        No federally appropriated funds shall be available for this 
        purpose.
            (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 
        may:
                    (i) only be determined with reference to the merits 
                of the specific closed shipyard reactivation project 
                with is the subject of that guarantee or commitment to 
                guarantee, without reference to any other project, type 
                of project, or averaged risk; and
                    (ii) 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.), as amended.
    (e) Sunset.--No commitment to guarantee obligations under this 
section shall be issued by the Secretary more than one year from the 
date of enactment of this section.
    (f) Definition.--The term ``Secretary'', as used in the section, 
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.

                 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 SUPPLEMENTALS AND RESCISSIONS

                         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.
    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 provided for in the 
Department of Defense Appropriations Act, 1997 (H.R. 3610), as passed 
in the Senate on July 18, 1996, as if such Act had been enacted into 
law.
    (c) For programs, projects, or activities provided for in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997, (H.R. 3540), as passed in the Senate on July 
26, 1996, as if such Act had been enacted into law.
    (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

    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 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, 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.

                              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 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 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''.

                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 Refuge; 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, $525,447,000, 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, 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, $44,479,000, of which 
$3,000,000 is authorized to be appropriated and shall be used to 
establish the Clarks River National Wildlife 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, $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 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.

                       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 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 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 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 beginning in fiscal year 1998 
and once every five years thereafter, the National Academy of Sciences 
shall review and report on the biological research activity 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.

                           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 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 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 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: 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 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 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 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 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 
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 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.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $58,286,000, 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.

                        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 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, 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 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 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 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. None of the funds in this Act or any other Act may be 
used by the Secretary for the redesign of Pennsylvania Avenue in front 
of the White House without the advance approval of the House and Senate 
Committees on Appropriations.
    Sec. 115. 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 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.
    ``(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 Public Law 102-
495 are hereby repealed, and the remaining sections renumbered 
accordingly.''.
    Sec. 116. 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. 117. 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. 118. 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.''.
    Sec. 119. 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. 120. 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. 121. 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. 122. 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.
            ``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. 123. FATHER 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--
            (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. 124. 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. 125. 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. 126. Visitor Center Designation 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''.

                       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, $154,711,000 to remain 
available until expended, as authorized by law.

                         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,'' $1,274,031,000 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. 4601-6a(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.

                    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. 4601-4-11), 
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.

    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.
    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 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.
    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 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 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, $550,000,000, 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 
3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That 
$145,845,000 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: $117,845,000 for weatherization assistance grants and 
$28,000,000 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; 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. 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 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 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, 
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 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 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 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 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.
    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 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 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 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 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 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. None of the funds made available in this Act may be used 
by the Bureau of Indian Affairs to transfer any land into trust under 
section 5 of the Indian Reorganization Act (25 U.S.C. 465), or any 
other Federal statute that does not explicitly denominate and identify 
a specific tribe or specific property, except when it is made known to 
the Federal official having authority to obligate or expend such funds 
that--
            (1) a binding agreement is in place between the tribe that 
        will have jurisdiction over the land to be taken into trust and 
        the appropriate State and local officials; and
            (2) such agreement provides, for as long as the land is 
        held in trust, for the collection and payment, by any retail 
        establishment located on the land to be taken into trust, of 
        State and local sales and excise taxes, including any special 
        tax on motor fuel, tobacco, or alcohol, on any retail item sold 
        to any nonmember of the tribe for which the land is held in 
        trust, or an agreed upon payment in lieu of such taxes.
    Sec. 322. 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. 323. Upon the date of enactment of this Act, 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.
    Sec. 324. (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 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. 325. 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:
                            (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.
                    (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. 326. ``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. 327. 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 
                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. 328. 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. 329. 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. 330. 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. 331. 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:

``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.''.
    Sec. 332. During fiscal year 1997, the Secretary of the Interior 
may not expend any funds made available under this Act to develop, 
promulgate, implement, or enforce any regulation or procedure that 
provides for the establishment of class III gaming (as those terms are 
defined under section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 
2703)) in the absence of a tribal-State compact entered into between an 
Indian tribe (as that term is defined in section 4(e) of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450(b)(e)) 
and a State.

                   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.

                United States Fish and Wildlife Service

                          resource management

    For an additional amount for resource management, $600,000, 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.

                              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.

                    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.

                         National Park Service

                              construction

    For an additional amount for construction, $3,000,000, 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.

                        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 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.

                    construction and reconstruction

    For an additional amount for construction and reconstruction, 
$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.
    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 related agencies for the fiscal year ending 
September 30, 1997, and for other purposes.

                      TITLE I--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 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 50 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, 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 funds available for 
expenditure in program year 1997, pursuant to a request submitted by a 
State, if 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 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 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.
    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.
    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 $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 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, $71,783,000, 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 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.

                    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 $71,935,000 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 
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 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 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.

                       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, 
$142,211,000; together with not to exceed $297,000, which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund: Provided, That 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.): Provided further, That $1,000,000 
shall be for a Commission on Retirement Income Policy, if authorized.

        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.

                           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. EXEMPTION OF INMATES FROM THE MINIMUM WAGE AND OVERTIME 
              REQUIREMENTS.

    (a) In General.--Section 13(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(a)) is amended--
            (1) by striking the period at the end of paragraph (16) and 
        inserting ``; or''; and
            (2) by adding at the end thereof the following new 
        paragraph:
          ``(17) any individual who is an inmate of a penal or other 
        correctional institution, and who participates in a 
        correctional work program that is sanctioned by a Federal or 
        State corrections agency or that is administered by a nonprofit 
        organization authorized by State law to conduct a correctional 
        work program on behalf of the State, except that this paragraph 
        shall not apply to a convict or prisoner who participates in a 
        prison work pilot program pursuant to section 1761(c) of title 
        18, United States Code.''.
    (b) Application.--The amendment made by subsection (a)(2) shall 
take effect as if enacted on the date of enactment of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.).
    This title may be cited as the ``Department of Labor Appropriations 
Act, 1997''.

           TITLE II--DEPARTMENT OF HEALTH 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, 
and the Health Care Quality Improvement Act of 1986, as amended, and 
the Native Hawaiian Health Care Act of 1988, as amended, 
$3,307,019,000, 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, $2,828,000 shall 
be available until expended for facilities renovations at the Gillis W. 
Long Hansen's Disease 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 $117,000,000 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 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, $2,257,698,000, 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 
(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 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, $2,157,549,000.

               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, $1,371,415,000.

                 national institute of dental research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $183,065,000.

    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 diseases, 
$803,264,000.

        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, 
$701,901,000.

         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, 
$609,277,000.

             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, $970,775,000.

        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, 
$567,334,000.

                         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, 
$323,279,000.

          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, 
$302,330,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $484,193,000.

 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, $252,838,000.

    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, 
$186,602,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $54,243,000.

           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, $200,948,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $328,517,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $604,633,000.

                 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, $341,044,000: 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 $25,000,000 shall be for extramural 
facilities construction grants.

               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, $186,651,000.

                  john e. fogarty international center

    For carrying out the activities at the John E. Fogarty 
International Center, $16,270,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$147,738,000, 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, $251,617,000: 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.

                        office of aids research

                     (including transfer of funds)

    For carrying out part D of title XXIII of the Public Health Service 
Act, $1,501,720,000: Provided, That the Director of the Office of AIDS 
Research shall transfer from this appropriation the amounts necessary 
to carry out section 2353(d) of the Act.

       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, and 
section 301 of the Public Health Service Act with respect to program 
management, $2,099,934,000, of which $5,000,000 shall be for grants to 
rural and Native American projects.

     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.

                  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 to States or other non-Federal entities, except 
as otherwise provided, under titles I, IV-A (other than section 
402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security Act, and 
the Act of July 5, 1960 (24 U.S.C. ch. 9), $13,301,000,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-A and 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.

                   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, $700,000,000, together with $300,000,000 
appropriated under this heading in Public Law 104-134: Provided, That 
the provisions under this heading in Public Law 104-134 designating the 
$300,000,000 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 providing that these funds shall be made 
available only after submission to Congress of a formal budget request 
by the President 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, are hereby repealed.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $300,000,000 to be available for obligation 
in the period of October 1, 1996 through September 30, 1997: Provided, 
That all of the funds available under this paragraph 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: Provided further, That these funds shall be made available 
only after submission to Congress of a formal budget request by the 
President 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.
    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

    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-age 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, $2,380,000,000: Provided, That notwithstanding section 
2003(c) of such Act, as amended, the amount specified for allocation 
under such section for fiscal year 1997 shall be $2,380,000,000.

                children and families services programs

                         (including rescission)

    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, $5,328,569,000, 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.
    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, 
$173,423,000, 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)(I)(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, $29,399,000, 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 the Inspector 
General by the Department of Justice, the Department of the Treasury, 
or the United States Postal Service.

                        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, $9,000,000.

                           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 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.
    Sec. 213. (a) The Secretary of Health and Human Services may in 
accordance with this section provide for the relocation of the Federal 
facility known as the Gillis W. Long Hansen's Disease Center (located 
in the vicinity of Carville, in the State of Louisiana), including the 
relocation of the patients of the Center.
    (b)(1) Subject to entering into a contract in accordance with 
subsection (c), in relocating the Center the Secretary may on behalf of 
the United States transfer to the State of Louisiana, without charge, 
title to the real property and improvements that (as of the date of the 
enactment of this Act) constitute the Center. Such real property is a 
parcel consisting of approximately 330 acres. The exact acreage and 
legal description used for purposes of the transfer shall be in 
accordance with a survey satisfactory to the Secretary.
    (2) Any conveyance under paragraph (1) is not effective unless the 
conveyance specifies that, if the State of Louisiana engages in a 
material breach of the contract under subsection (c), title to the real 
property and improvements involved reverts to the United States at the 
election of the Secretary.
    (c) The transfer described in subsection (b) may be made only if, 
before the transfer is made, the Secretary and the State enter into a 
contract whose provisions are in accordance with the following:
            (1) During the 30-year period beginning on the date on 
        which the transfer is made, the real property and improvements 
        referred to in subsection (b) (referred to in this subsection 
        as the ``transferred property'') will be used exclusively for 
        purposes that promote the health or education of the public, 
        with such incidental exceptions as the Secretary may approve, 
        and consistent with the memorandum of understanding signed June 
        11, 1996 by the Chancellors of Louisiana State University and 
        Southern University.
            (2) For purposes of monitoring the extent to which the 
        transferred property is being used in accordance with paragraph 
        (1), the Secretary will have access to such documents as the 
        Secretary determines to be necessary, and the Secretary may 
        require the advance approval of the Secretary for such 
        contracts, conveyances of real or personal property, or other 
        transactions as the Secretary determines to be necessary.
            (3) The relocation of patients from the transferred 
        property will be completed not later than 3 years after the 
        date on which the transfer is made, except to the extent the 
        Secretary determines that relocating particular patients is not 
        feasible. During the period of relocation, the Secretary will 
        have unrestricted access to the transferred property, and after 
        such period will have such access as may be necessary with 
        respect to the patients who pursuant to the preceding sentence 
        are not relocated.
            (4) The Secretary will provide for the continuation at the 
        transferred property of the projects (underway as of the date 
        of the enactment of this Act) to make repairs and to make 
        energy-related improvements, subject to the availability of 
        appropriations to carry out the projects.
            (5) The contract disposes of issues regarding access to the 
        cemetery located on the transferred property, and the 
        establishment of a museum regarding memorabilia relating to the 
        use of the property to care for patients with Hansen's disease.
            (6) In the case of each individual who as of the date of 
        the enactment of this Act is a Federal employee at the 
        transferred property with management, engineering, or dietary 
        duties:
                    (A) The State will provide the individual with the 
                right of first refusal to an employment position with 
                the State with substantially the same type of duties as 
                the individual performed in his or her most recent 
                position at the transferred property.
                    (B) If the individual becomes an employee of the 
                State pursuant to subparagraph (A), the State will make 
                payments in accordance with subsection (d)(3)(B) 
                (relating to disability), as applicable with respect to 
                the individual.
            (7) The contract contains such additional provisions as the 
        Secretary determines to be necessary to protect the interests 
        of the United States, and the Secretary shall have final 
approval over the terms of the contract.
    (d)(1) This subsection applies if the transfer under subsection (b) 
is made.
    (2) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee with a position at the 
Center and is, for duty at the Center, receiving the pay differential 
under section 5545(d) of title 5, United States Code:
            (A) If as of the date of the transfer under subsection (b) 
        the individual is eligible for an annuity under section 8336 or 
        8412 of title 5, United States Code, then once the individual 
        separates from the service and thereby becomes entitled to 
        receive the annuity, the pay differential shall be excluded 
        from the computation of the annuity unless the individual 
        separated from the service not later than 30 days after the 
        date on which the transfer was made.
            (B) If the individual is not eligible for such an annuity 
        as of the date of the transfer under subsection (b) but 
        subsequently does become eligible, then once the individual 
        separates from the service and thereby becomes entitled to 
        receive the annuity, the pay differential shall be excluded 
        from the computation of the annuity unless the individual 
        separated from the service not later than 30 days after the 
        date on which the individual first became eligible for the 
        annuity.
            (C) For purposes of this paragraph, the individual is 
        eligible for the annuity if the individual meets all conditions 
        under such section 8336 or 8412 to be entitled to the annuity, 
        except the condition that the individual be separated from the 
        service.
    (3) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee at the Center with 
management, engineering, or dietary duties, and who becomes an employee 
of the State pursuant to subsection (c)(6)(A):
            (A) The provisions of subchapter III of chapter 83 of title 
        5, United States Code, or of chapter 84 of such title, 
        whichever is applicable, that relate to disability shall be 
        considered to remain in effect with respect to the individual 
        (subject to subparagraph (C)) until the earlier of--
                    (i) the expiration of the 2-year period beginning 
                on the date on which the transfer under subsection (b) 
                is made; or
                    (ii) the date on which the individual first meets 
                all conditions for coverage under a State program for 
                payments during retirement by reason of disability.
            (B) The payments to be made by a State pursuant to 
        subsection (c)(6)(B) with respect to the individual are 
        payments to the Civil Service Retirement and Disability Fund, 
        if the individual is receiving Federal disability coverage 
        pursuant to subparagraph (A). Such payments are to be made in a 
        total amount equal to that portion of the normal-cost 
        percentage (determined through the use of dynamic assumptions) 
        of the basic pay of the individual that is allocable to such 
        coverage and is paid for service performed during the period 
        for which such coverage is in effect. Such amount is to be 
        determined in accordance with chapter 84 of such title 5, is to 
        be paid at such time and in such manner as mutually agreed by 
        the State and the Office of Personnel Management, and is in 
        lieu of individual or agency contributions otherwise required.
            (C) In the determination pursuant to subparagraph (A) of 
        whether the individual is eligible for Federal disability 
        coverage (during the applicable period of time under such 
        subparagraph), service as an employee of the State after the 
        date of the transfer under subsection (b) shall be counted 
        toward the service requirement specified in the first sentence 
of section 8337(a) or 8451(a)(1)(A) of such title 5 (whichever is 
applicable).
    (e) The following provisions apply if under subsection (a) the 
Secretary makes the decision to relocate the Center:
            (1) The site to which the Center is relocated shall be in 
        the vicinity of Baton Rouge, in the State of Louisiana.
            (2) The facility involved shall continue to be designated 
        as the Gillis W. Long Hansens's Disease Center.
            (3) The Secretary shall make reasonable efforts to inform 
        the patients of the Center with respect to the planning and 
        carrying out of the relocation.
            (4) In the case of each individual who as of October 1, 
        1996, is a patient of the Center and is receiving long-term 
        care (referred to in this subsection as an ``eligible 
        patient''), the Secretary shall continue to provide for the 
        long-term care of the eligible patient, without charge, for the 
        remainder of the life of the patient. Of the amounts 
        appropriated for a fiscal year for the Public Health Service, 
        the Secretary shall make available such amounts as may be 
        necessary to carry out the preceding sentence.
            (5) Except in the case of an eligible patient for whom it 
        is not feasible to relocate for purposes of subsection (c)(3), 
        each eligible patient may make an irrevocable choice of one of 
        the following long-term care options:
                    (A) For the remainder of his or her life, the 
                patient may reside at the Center.
                    (B) For the remainder of his or her life, the 
                patient may elect to receive payments each year in an 
                annual amount of $33,000 (adjusted for fiscal year 1998 
                and each subsequent fiscal year to the extent necessary 
                to offset inflation occurring after October 1, 1996), 
                which payments are in complete discharge of the 
                obligation of the Federal Government under paragraph 
                (4). If the individual makes the election under the 
                preceding sentence, the Federal Government does not 
                under such paragraph have any responsibilities 
                regarding the daily life of the patient, other than 
                making such payments.
            (6) The Secretary shall provide to each eligible patient 
        such information and time as may be necessary for the patient 
        to make an informed decision regarding the options under 
        paragraph (5).
    (f) For purposes of this section:
            (1) The term ``Center'' means the Gillis W. Long Hansen's 
        Disease Center.
            (2) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
            (3) The term ``State'' means the State of Louisiana.
    (g) Section 320 of the Public Health Service Act (42 U.S.C. 247e) 
is amended by striking the section designation and all that follows and 
inserting the following:
    ``Sec. 320. (a)(1) At the Gillis W. Long Hansen's Disease Center 
(located in the State of Louisiana), the Secretary shall without charge 
provide short-term care and treatment, including outpatient care, for 
Hansen's disease and related complications to any person determined by 
the Secretary to be in need of such care and treatment.
    ``(2) The Center referred to in paragraph (1) shall conduct 
training in the diagnosis and management of Hansen's disease and 
conduct and promote the coordination of research, investigations, 
demonstrations, and studies relating to the causes, diagnosis, 
treatment, control, and prevention of Hansen's disease and the 
complications of such disease.
    ``(3) Paragraph (1) is subject to section 213 of the Department of 
Health and Human Services Appropriations Act, 1997.
    ``(b) In addition to the Center referred to in subsection (a), the 
Secretary may establish sites regarding persons with Hansen's disease. 
Each such site shall provide for the outpatient care and treatment for 
Hansen's disease to any person determined by the Secretary to be in 
need of such care and treatment.
    ``(c) The Secretary shall make payments to the Board of Health of 
the State of Hawaii for the care and treatment (including outpatient 
care) in its facilities of persons suffering from Hansen's disease at a 
rate determined by the Secretary. The rate shall be approximately equal 
to the operating cost per patient of such facilities, except that the 
rate may not exceed the comparable costs per patient with Hansen's 
disease for care and treatment provided by the Center referred to in 
subsection (a). Payments under this subsection are subject to the 
availability of appropriations for such purpose.''.
    Sec. 215. Amounts available in this title for congressional and 
legislative affairs, public affairs, and intergovernmental affairs 
activities are hereby reduced by $2,000,000.
    Sec. 216. 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 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. 217. 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''.
    Sec. 218. The new clinical research center at the National 
Institutes of Health is hereby named the Mark O. Hatfield Clinical 
Research Center.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 1997''.

                   TITLE III--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.

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, $7,689,000,000, of which $6,358,261,000 shall become 
available on July 1, 1997, and shall remain available through September 
30, 1998, and of which $1,298,239,000 shall become available on October 
1, 1997 and shall remain available through September 30, 1998, for 
academic year 1997-1998: Provided, That $6,191,350,000 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; $1,349,631,000 of 
which $1,130,478,000 shall become available on July 1, 1997, and remain 
available through September 30, 1998: Provided, That of the amount 
appropriated, $250,000,000 shall be for Eisenhower professional 
development State grants under title II-B and $300,000,000 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. 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, $1,492,000,000, 
of which $4,500,000 shall be for the National Institute for Literacy; 
and of which $1,489,081,000 shall become available on July 1, 1997 and 
shall remain available through September 30, 1998: Provided, That of 
the amounts made available under the Carl D. Perkins Vocational and 
Applied Technology Education Act, $4,500,000 shall be for national 
programs under title IV 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 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.

             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; 
$876,856,000, 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.

                           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 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(c)(11), 
sections 3136 and 3141, parts A, 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, $596,350,000: Provided, That 
$70,000,000 shall be for sections 3136 and 3141 of the Elementary and 
Secondary Education Act: Provided further, That none of the funds 
appropriated in this paragraph may be obligated or expended for the 
Goals 2000 Community Partnerships Program: 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 all the 
outlying areas to be distributed to each outlying area in the same 
manner that funds are distributed among the States under section 
3131(a)(1).

                               libraries

    For carrying out, to the extent not otherwise provided, titles I, 
II, III, and IV of the Library Services and Construction Act, and title 
II-B of the Higher Education Act, $128,369,000, 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.

                        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.

                    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, 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 the Inspector 
General by the Department of Justice, the Department of the Treasury, 
or the United States Postal Service.

                           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. Receipt of such funds 
and uses of such funds by guaranty agencies shall be in accordance with 
section 428(f) of the Higher Education Act.
    Notwithstanding 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.
    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, 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 727 of the Higher Education 
Act of 1965, and 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 (a) shall apply with respect 
to fiscal years beginning with fiscal year 1995.
    Sec. 308. Section 487A of the Higher Education Act (20 U.S.C. 1094a 
et seq.) is amended by striking all after the word ``sites'' in 
paragraph (d)(1) and inserting in lieu thereof ``to test alternative 
data verification.''. Paragraph (d)(2) of section 487A is also amended 
by striking all after the word ``site'' and inserting in lieu thereof 
the following: ``from regulations prescribed under this title related 
to application data verification that would bias experimental 
results.''.
    Sec. 309. Classroom Computers and Related Technology.--
            (a) In general.--Section 304 of the Goals 2000: Educate 
        America Act (20 U.S.C. 5884) is amended by adding at the end 
        the following new subsection:
    ``(f) Classroom Computers and Related Technology.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, the Secretary shall make available to the State 
        educational agency serving each eligible State the allotment 
        that the State educational agency would have received under 
        this section for a fiscal year if such agency were eligible for 
        assistance under this title for such year, to enable such 
        agency to award subgrants, competitively awarded or distributed 
        according to a state's own formula, to local educational 
        agencies within the State to support the use of computers and 
        computer-related technology, the use of technology-enhanced 
        curricula and instruction, the purchase of computers, or 
        computer-related technology.
            ``(2) Use of allotted funds.--
                    ``(A) In general.--Each State educational agency 
                receiving an allotment pursuant to paragraph (1) shall 
                certify to the Secretary that the allotted funds will 
                be used to pay for the use of computers and computer-
                related technology, the use of technology-enhanced 
                curricula and instruction, the purchase of computers, 
                or computer-related technology.
                    ``(B) Construction.--Nothing in this title shall be 
                constructed to permit the Secretary or any other 
                officer or employee of the Federal Government to review 
                or approve a State's plan, or academic standards 
                contained in such plan, in order to receive an 
                allotment pursuant to paragraph (1).
            ``(3) Eligible state.--For the purpose of this subsection 
        the term `eligible state' means a state that--
                    ``(A) is not participating in the program under 
                this title as of September 15, 1996.''
            (b) Special rule.--Paragraph (2) of Section 308(b) of such 
        Act (20 U.S.C. 5888(b)) is amended--
                    (1) in subparagraph (L), by striking ``and'' after 
                the semicolon;
                    (2) in subparagraph (M), by striking the period and 
                inserting ``; and''; and
                    (3) by adding at the end the following new 
                subparagraph:
                    ``(N) supporting activities relating to the use of 
                computers and computer-related technology, the use of 
                technology-enhanced curricula and instruction, the 
                purchase of computers, or computer-related 
                technology.''.
    These titles 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 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, $203,969,000.

                  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.

            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, 
$161,753,000: 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.

                        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 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 of 1977 for the first quarter of fiscal year 
1998, $160,000,000, to remain available until expended.

                  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 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.

             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, 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''.
    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. 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 purposes 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
            (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. None of the funds made available in this Act may be used 
by the National Labor Relations Board to assert jurisdiction over any 
labor dispute when it is made known to the Federal official having 
authority to obligate or expend such funds that--
            (1) the labor dispute does not involve any class or 
        category of employer over which the Board would assert 
        jurisdiction under the standards prevailing on August 1, 1959, 
        with each financial threshold amount adjusted for inflation 
        by--
                    (A) using changes in the Consumer Price Index for 
                all urban consumers published by the Department of 
                Labor;
                    (B) using as the base period the later of (i) the 
                most recent calendar quarter ending before the 
                financial threshold amount was established; or (ii) the 
                calendar quarter ending June 30, 1959; and
                    (C) rounding the adjusted financial threshold 
                amount to the nearest $10,000; and
            (2) the effect of the labor dispute on interstate commerce 
        is not otherwise sufficiently substantial to warrant the 
        exercise of the Board's jurisdiction.
    Sec. 516. (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. 519. 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. 524. 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.
    Sec. 525. 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;
            (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.
            (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 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.

            TITLE VI--COMMISSION ON RETIREMENT INCOME POLICY

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Commission on Retirement Income 
Policy Act of 1996''.

SEC. 602. ESTABLISHMENT.

    There is established a commission to be known as the Commission on 
Retirement Income Policy (in this title referred to as the 
``Commission'').

SEC. 603. DUTIES.

    (a) In General.--The Commission shall conduct a full and complete 
review and study of--
            (1) trends in retirement savings in the United States;
            (2) existing Federal incentives and programs that are 
        established to encourage and protect such savings; and
            (3) new Federal incentives and programs that are needed to 
        encourage and protect such savings.
    (b) Specific Issues.--In fulfilling the duty described in 
subsection (a), the Commission shall address--
            (1) the amount and sources of Federal and private funds, 
        including tax expenditures (as defined in section 3 of the 
        Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to 
        finance the incentives and programs referred to in subsection 
        (a)(2) and any new Federal incentive or program that the 
        Commission recommends be established;
            (2) the most efficient and effective manner, considering 
        the needs of retirement plan sponsors for simplicity, 
        reasonable cost, and appropriate incentives, of ensuring that 
        individuals in the United States will have adequate retirement 
        savings;
            (3) the amounts of retirement income that future retirees 
        will need to replace various levels of preretirement income, 
        including amounts necessary to pay for medical and long-term 
        care;
            (4) the workforce and demographic trends that affect the 
        pensions of future retirees;
            (5) the role of retirement savings in the economy of the 
        United States;
            (6) sources of retirement income other than private 
        pensions that are available to individuals in the United 
        States; and
            (7) the shift away from insured and qualified pension 
        benefits in the United States.
    (c) Recommendations.--
            (1) In general.--The Commission shall formulate 
        recommendations based on the review and study conducted under 
        subsection (a). The recommendations shall include measures that 
        address the needs of future retirees for--
                    (A) appropriate pension plan coverage and other 
                mechanisms for saving for retirement;
                    (B) an adequate retirement income;
                    (C) preservation of benefits they accumulate by 
                participating in pension plans;
                    (D) information concerning pension plan benefits; 
                and
                    (E) procedures to resolve disputes involving such 
                benefits.
            (2) Effect on federal budget deficit.--A recommendation of 
        the Commission for a new Federal incentive or program that 
        would result in an increase in the Federal budget deficit shall 
        not appear in the report required under section 607 unless it 
        is accompanied by a recommendation for offsetting the increase.

SEC. 604. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) In general.--The Commission shall be composed of 16 
        voting members appointed not later than 90 days after the date 
        of the enactment of this Act. The Commission shall consist of 
        the following members:
                    (A) Four members appointed by the President, of 
                which two shall be from the executive branch of the 
                Government and two from private life.
                    (B) Three members appointed by the Majority Leader 
                of the Senate of which at least one shall be from 
                private life.
                    (C) Three members appointed by the Minority Leader 
                of the Senate of which at least one shall be from 
                private life.
                    (D) Three members appointed by the Majority Leader 
                of the House of Representatives of which at least one 
                shall be from private life.
                    (E) Three members appointed by the Minority Leader 
                of the House of Representatives of which at least one 
                shall be from private life.
            (2) Qualifications.--The individuals referred to in 
        paragraph (1) who are not Members of the Congress shall be 
        leaders of business or labor, distinguished academics, or other 
        individuals with distinctive qualifications and experience in 
        retirement income policy.
    (b) Terms.--Each member shall be appointed for the life of the 
Commission.
    (c) Vacancies.--A vacancy in the Commission shall be filled not 
later than 90 days after the date of the creation of the vacancy in the 
manner in which the original appointment was made.
    (d) Compensation.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members of the Commission shall serve without pay.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (e) Quorum.--10 members of the Commission shall constitute a 
quorum, but 6 members may hold hearings, take testimony, or receive 
evidence.
    (f) Chairperson.--The chairperson of the Commission shall be 
elected by a majority vote of the members of the Commission.
    (g) Meetings.--The Commission shall meet at the call of the 
chairperson of the Commission.
    (h) Decisions.--Decisions of the Commission shall be made according 
to the vote of not less than a majority of the members who are present 
and voting at a meeting called pursuant to subsection (g).

SEC. 605. STAFF AND SUPPORT SERVICES.

    (a) Executive Director.--The Commission shall have an executive 
director appointed by the Commission. The Commission shall fix the pay 
of the executive director.
    (b) Staff.--The Commission may appoint and fix the pay of 
additional personnel as it considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The executive 
director and staff of the Commission may be appointed without regard to 
the provisions of title 5, United States Code, governing appointments 
in the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates.
    (d) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates the Commission determines to be appropriate.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal agency may detail, on a reimbursable basis, any of 
the personnel of the agency to the Commission to assist it in carrying 
out its duties under this title.
    (f) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this title.

SEC. 606. POWERS.

    (a) Hearings and Sessions.--
            (1) In general.--The Commission may, for the purpose of 
        carrying out this title, hold hearings, sit and act at times 
        and places, take testimony, and receive evidence as the 
        Commission considers appropriate. The Commission may administer 
        oaths or affirmations to witnesses appearing before it.
            (2) Public hearings.--The Commission may hold public 
        hearings to receive the views of a broad spectrum of the public 
        on the status of the private retirement system of the United 
        States.
    (b) Delegation of Authority.--Any member, committee, or agent of 
the Commission may, if authorized by the Commission, take any action 
which the Commission is authorized to take by this section.
    (c) Information.--
            (1) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any Federal agency information necessary to enable 
                it to carry out this title. Upon request of the 
                Commission, the head of the Federal agency shall 
                furnish the information to the Commission.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                any information that the Commission is prohibited to 
                secure or request by another law.
            (2) Public surveys.--The Commission may conduct the public 
        surveys necessary to enable it to carry out this title. In 
        conducting such surveys, the Commission shall not be considered 
        an agency for purposes of chapter 35 of title 44, United States 
        Code.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.
    (e) Contract and Procurement Authority.--The Commission may make 
purchases, and may contract with and compensate government and private 
agencies or persons for property or services, without regard to--
            (1) section 3709 of the Revised Statutes (41 U.S.C. 5); and
            (2) title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251 et seq.).
    (f) Gifts.--The Commission may accept, use, and dispose of gifts of 
services or property, both real and personal, for the purpose of 
assisting the work of the Commission. Gifts of money and proceeds from 
sales of property received as gifts shall be deposited in the Treasury 
and shall be available for disbursement upon order of the Commission. 
For purposes of Federal income, estate, and gift taxes, property 
accepted under this subsection shall be considered as a gift to the 
United States.
    (g) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission may accept and use voluntary and 
uncompensated services as the Commission determines necessary.

SEC. 607. REPORT.

    Not later than 1 year after the first meeting of the Commission, 
the Commission shall submit a report to the President, the majority and 
minority leaders of the Senate, the Committee on Labor and Human 
Resources and the Committee on Finance of the Senate, the majority and 
minority leaders of the House of Representatives, and the Committee on 
Ways and Means and the Committee on Economic and Educational 
Opportunities of the House of Representatives. The report shall review 
the matters that the Commission is required to study under section 603 
and shall set forth the recommendations of the Commission.

SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

SEC. 609. TERMINATION.

    The Commission shall terminate not later than the expiration of the 
90-day period beginning on the date on which the Commission submits its 
report under section 607.
    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 Government 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 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

                          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; $108,760,000.

                         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.

                      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 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; 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: 
Provided That none of the funds in this Act shall be available for a 
study of tagging black or smokeless powder.
    (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 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 services are performed, at 
rates which will recover all expenses of operation, including accrued 
leave, depreciation of fund plant and equipment, amortization of 
Automatic Data Processing (ADP) software and systems, and an amount 
necessary to maintain a reasonable operating reserve, as determined by 
the Secretary: Provided further, That such fund shall provide services 
on a competitive basis: Provided further, That an amount not to exceed 
4 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 
Treasury financial management, ADP, and other support systems: Provided 
further, That no later than 30 days after the end of each fiscal year, 
amounts in excess of this reserve limitation shall be deposited as 
miscellaneous receipts in the Treasury: Provided further, That such 
franchise fund pilot shall terminate pursuant to section 403(f) of 
Public Law 103-356.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, as a bureau of the Department of the Treasury, including 
materials and support costs of Federal law enforcement basic training; 
purchase (not to exceed 52 for police-type use, without regard to the 
general purchase price limitation) and hire of passenger motor 
vehicles; for expenses for student athletic and related activities; 
uniforms without regard to the general purchase price limitation for 
the current fiscal year; the conducting of and participating in 
firearms matches and presentation of awards; for public awareness and 
enhancing community support of law enforcement training; not to exceed 
$9,500 for official reception and representation expenses; room and 
board for student interns; and services as authorized by 5 U.S.C. 3109; 
$54,831,000, of which up to $13,034,000 for materials and support costs 
of Federal law enforcement basic training shall remain available until 
September 30, 1999: Provided, That the Center is authorized to accept 
and use gifts of property, both real and personal, and to accept 
services, for authorized purposes, including funding of a gift of 
intrinsic value which shall be awarded annually by the Director of the 
Center to the outstanding student who graduated from a basic training 
program at the Center during the previous fiscal year, which shall be 
funded only by gifts received through the Center's gift authority: 
Provided further, That notwithstanding any other provision of law, 
students attending training at any Federal Law Enforcement Training 
Center site shall reside in on-Center or Center-provided housing, 
insofar as available and in accordance with Center policy: Provided 
further, That funds appropriated in this account shall be available, at 
the discretion of the Director, for: training United States Postal 
Service law enforcement personnel and Postal police officers; State and 
local government law enforcement training on a space-available basis; 
training of foreign law enforcement officials on a space-available 
basis with reimbursement of actual costs to this appropriation; 
training of private sector security officials on a space-available 
basis with reimbursement of actual costs to this appropriation; and 
travel expenses of non-Federal personnel to attend course development 
meetings and training at the Center: Provided further, That the Center 
is authorized to obligate funds in anticipation of reimbursements from 
agencies receiving training at the Federal Law Enforcement Training 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year: Provided further, That the Federal Law Enforcement 
Training Center is authorized to provide short term medical services 
for students undergoing training at the Center.

     acquisition, construction, improvements, and related expenses

    For expansion of the Federal Law Enforcement Training Center, for 
acquisition of necessary additional real property and facilities, and 
for ongoing maintenance, facility improvements, and related expenses, 
$18,884,000, to remain available until expended.

                      Financial Management Service

                         salaries and expenses

    For necessary expenses of the Financial Management Service, 
$196,069,000, of which not to exceed $14,277,000 shall remain available 
until expended for systems modernization initiatives. In addition, 
$90,000, to be derived from the Oil Spill Liability Trust Fund, to 
reimburse the Service for administrative and personnel expenses for 
financial management of the Fund, as authorized by section 1012 of 
Public Law 101-380: Provided, That none of the funds made available for 
systems modernization initiatives may not be obligated until the 
Commissioner of the Financial Management Service has submitted, and the 
Committees on Appropriations of the House and Senate have approved, a 
report that identifies, evaluates, and prioritizes all computer systems 
investments planned for fiscal year 1997, a milestone schedule for the 
development and implementation of all projects included in the systems 
investment plan, and a systems architecture plan.

                Bureau of Alcohol, Tobacco and Firearms

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco and 
Firearms, including purchase of not to exceed 650 vehicles for police-
type use for replacement only and hire of passenger motor vehicles; 
hire of aircraft; and services of expert witnesses at such rates as may 
be determined by the Director; for payment of per diem and/or 
subsistence allowances to employees where an assignment to the National 
Response Team during the investigation of a bombing or arson incident 
requires an employee to work 16 hours or more per day or to remain 
overnight at his or her post of duty; not to exceed $12,500 for 
official reception and representation expenses; for training of State 
and local law enforcement agencies with or without reimbursement, 
including training in connection with the training and acquisition of 
canines for explosives and fire accelerants detection; provision of 
laboratory assistance to State and local agencies, with or without 
reimbursement; $393,971,000, of which $12,011,000, to remain available 
until expended, shall be available for arson investigations, with 
priority assigned to any arson, explosion or violence against religious 
institutions; which not to exceed $1,000,000 shall be available for the 
payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of 
which $1,000,000 shall be available for the equipping of any vessel, 
vehicle, equipment, or aircraft available for official use by a State 
or local law enforcement agency if the conveyance will be used in drug-
related joint law enforcement operations with the Bureau of Alcohol, 
Tobacco and Firearms and for the payment of overtime salaries, travel, 
fuel, training, equipment, and other similar costs of State and local 
law enforcement officers that are incurred in joint operations with the 
Bureau of Alcohol, Tobacco and Firearms: Provided, That no funds made 
available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco 
and Firearms to other agencies or Departments in the fiscal year ending 
on September 30, 1997: Provided further, That no funds appropriated 
herein shall be available for salaries or administrative expenses in 
connection with consolidating or centralizing, within the Department of 
the Treasury, the records, or any portion thereof, of acquisition and 
disposition of firearms maintained by Federal firearms licensees: 
Provided further, That no funds appropriated herein shall be used to 
pay administrative expenses or the compensation of any officer or 
employee of the United States to implement an amendment or amendments 
to 27 CFR 178.118 or to change the definition of ``Curios or relics'' 
in 27 CFR 178.11 or remove any item from ATF Publication 5300.11 as it 
existed on January 1, 1994: Provided further, That none of the funds 
appropriated herein shall be available to investigate or act upon 
applications for relief from Federal firearms disabilities under 18 
U.S.C. 925(c): Provided further, That such funds shall be available to 
investigate and act upon applications filed by corporations for relief 
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided 
further, That no funds in this Act may be used to provide ballistics 
imaging equipment to any State or local authority who has obtained 
similar equipment through a Federal grant or subsidy unless the State 
or local authority agrees to return that equipment or to repay that 
grant or subsidy to the Federal Government: Provided further, That no 
funds available for separation incentive payments as authorized by 
section 525 of this Act may be obligated without the advance approval 
of the House and Senate Committees on Appropriations: Provided further, 
That no funds under this Act may be used to electronically retrieve 
information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any 
personal identification code.

                         laboratory facilities

    For necessary expenses for design of a new facility or facilities, 
to house the Bureau of Alcohol, Tobacco and Firearms National 
Laboratory Center and the Fire Investigation Research and Development 
Center, not to exceed 185,000 occupiable square feet, $6,978,000, to 
remain available until expended: Provided, That these funds shall not 
be available until a prospectus of authorization for the Laboratory 
Facilities is approved by the House Committee on Transportation and 
Infrastructure and the Senate Committee on Environment and Public 
Works.

                     United States Customs Service

                         salaries and expenses

                      including transfer of funds

    For necessary expenses of the United States Customs Service, 
including purchase of up to 1,000 motor vehicles of which 960 are for 
replacement only, including 990 for police-type use and commercial 
operations; hire of motor vehicles; contracting with individuals for 
personal services abroad; not to exceed $30,000 for official reception 
and representation expenses; and awards of compensation to informers, 
as authorized by any Act enforced by the United States Customs Service; 
$1,487,250,000; of which $65,000,000 shall be available until expended 
for Operation Hardline; of which $28,000,000 shall remain available 
until expended for acquisition of aircraft and related operations and 
maintenance associated with Operation Gateway; and of which such sums 
as become available in the Customs User Fee Account, except sums 
subject to section 13031(f)(3) of the Consolidated Omnibus 
Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be 
derived from that Account; of the total, not to exceed $150,000 shall 
be available for payment for rental space in connection with 
preclearance operations, and not to exceed $4,000,000 shall be 
available until expended for research and not to exceed $1,000,000 
shall be available until expended for conducting special operations 
pursuant to 19 U.S.C. 2081 and up to $6,000,000 shall be available 
until expended for the procurement of automation infrastructure items, 
including hardware, software, and installation: Provided, That uniforms 
may be purchased without regard to the general purchase price 
limitation for the current fiscal year: Provided further, That the 
United States Custom Service shall implement the General Aviation 
Telephonic Entry program within 30 days of enactment of this Act: 
Provided further, That no funds available for separation incentive 
payments as authorized by section 525 of this Act may be obligated 
without the advance approval of the House and Senate Committees on 
Appropriations: Provided further, That the Spirit of St. Louis Airport 
in St. Louis County, Missouri, shall be designated a port of entry: 
Provided further, That no funds under this Act may be used to provide 
less than 30 days public notice for any change in apparel regulations: 
Provided further, That $750,000 shall be available for additional part-
time and temporary positions in the Honolulu Customs District: Provided 
further, That of the funds appropriated $2,500,000 may be made 
available for the Western Hemisphere Trade Center authorized by Public 
Law 103-182.

    operation and maintenance, air and marine interdiction programs

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of marine vessels, aircraft, and other 
related equipment of the Air and Marine Programs, including operational 
training and mission-related travel, and rental payments for facilities 
occupied by the air or marine interdiction and demand reduction 
programs, the operations of which include: the interdiction of 
narcotics and other goods; the provision of support to Customs and 
other Federal, State, and local agencies in the enforcement or 
administration of laws enforced by the Customs Service; and, at the 
discretion of the Commissioner of Customs, the provision of assistance 
to Federal, State, and local agencies in other law enforcement and 
emergency humanitarian efforts; $83,363,000, which shall remain 
available until expended: Provided, That no aircraft or other related 
equipment, with the exception of aircraft which is one of a kind and 
has been identified as excess to Customs requirements and aircraft 
which has been damaged beyond repair, shall be transferred to any other 
Federal agency, Department, or office outside of the Department of the 
Treasury, during fiscal year 1997 without the prior approval of the 
House and Senate Committees on Appropriations.

                   customs services at small airports

                  (to be derived from fees collected)

    Such sums as may be necessary for expenses for the provision of 
Customs services at certain small airports or other facilities when 
authorized by law and designated by the Secretary of the Treasury, 
including expenditures for the salary and expenses of individuals 
employed to provide such services, to be derived from fees collected by 
the Secretary pursuant to section 236 of Public Law 98-573 for each of 
these airports or other facilities when authorized by law and 
designated by the Secretary, and to remain available until expended.

                   harbor maintenance fee collection

    For administrative expenses related to the collection of the Harbor 
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be 
derived from the Harbor Maintenance Trust Fund and to be transferred to 
and merged with the Customs ``Salaries and Expenses'' account for such 
purposes.

                       Bureau of the Public Debt

                     administering the public debt

    For necessary expenses connected with any public-debt issues of the 
United States; $169,735,000: Provided, That the sum appropriated herein 
from the General Fund for fiscal year 1997 shall be reduced by not more 
than $4,400,000 as definitive security issue fees and Treasury Direct 
Investor Account Maintenance fees are collected, so as to result in a 
final fiscal year 1997 appropriation from the General Fund estimated at 
$165,335,000.

                        Internal Revenue Service

                 processing, assistance, and management

    For necessary expenses of the Internal Revenue Service, not 
otherwise provided for; including processing tax returns; revenue 
accounting; providing assistance to taxpayers, management services, and 
inspection; including purchase (not to exceed 150 for replacement only 
for police-type use) and hire of passenger motor vehicles (31 U.S.C. 
1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as 
may be determined by the Commissioner; $1,779,840,000, of which up to 
$3,700,000 shall be for the Tax Counseling for the Elderly Program, 
and of which not to exceed $25,000 shall be for official reception and 
representation expenses.

                          tax law enforcement

    For necessary expenses of the Internal Revenue Service for 
determining and establishing tax liabilities; tax and enforcement 
litigation; technical rulings; examining employee plans and exempt 
organizations; investigation and enforcement activities; securing 
unfiled tax returns; collecting unpaid accounts; statistics of income 
and compliance research; the purchase (for police-type use, not to 
exceed 850), and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
and services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner $4,078,211,000, of which not to exceed 
$1,000,000 shall remain available until September 30, 1999, for 
research.

                          information systems

    For necessary expenses for data processing and telecommunications 
support for Internal Revenue Service activities, including tax systems 
modernization and operational information systems; the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); and services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $1,323,075,000, of which no less than $130,075,000 shall 
be available for Tax Systems Modernization (TSM) development and 
deployment which shall be available until September 30, 1999, and of 
which no less than $206,200,000 shall be available for TSM Operational 
Systems: Provided, That $70,979,000 of the funds made available for TSM 
development and deployment shall not be available until the Internal 
Revenue Service has in place a complete and approved systems 
architecture for TSM: Provided further, That none of the funds made 
available for TSM Operational Systems shall be available after June 30, 
1997, unless the Department of the Treasury has prepared for release a 
Final Request for Proposal which would be used as a base for a 
solicitation of a contract with an alternative or new Prime Contractor 
to manage, integrate, test and implement the TSM program: Provided 
further, That all activities associated with the development of a 
request for proposal, contract solicitation, and contract award for 
private sector assistance on TSM (both operational systems and 
development and deployment systems), beyond private sector assistance 
which is currently under contract, shall be conducted by the Department 
of the Treasury's Modernization Management Board: Provided further, 
That the Internal Revenue Service shall submit, by February 1, 1997, a 
timetable for implementing, by October 1, 1997, all recommendations 
made by the General Accounting Office in its July 1995 report, 
entitled: ``Tax Systems Modernization: Management and Technical 
Weaknesses Must Be Corrected If Modernization Is To Succeed'': Provided 
further, That the Internal Revenue Service shall submit, by December 1, 
1996, a schedule to transfer, not later than June 30, 1997, a majority 
of Tax Systems Modernization development, deployment, management, 
integration, and testing, from the Internal Revenue Service to the 
private sector.

                          information systems

                              (rescission)

    Of the funds made available under this heading for Information 
Systems in Public Law 104-52, $115,000,000 are rescinded, in Public Law 
103-123, $17,447,000 are rescinded, in Public Law 102-393, $15,000,000 
are rescinded, and in Public Law 102-141, $27,000,000 are rescinded.

          administrative provisions--internal revenue service

    Section 101. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the House and Senate Committees on 
Appropriations.
    Sec. 102. The Internal Revenue Service shall maintain a training 
program to insure that Internal Revenue Service employees are trained 
in taxpayers' rights, in dealing courteously with the taxpayers, and in 
cross-cultural relations.
    Sec. 103. The funds provided in this Act for the Internal Revenue 
Service shall be used to provide as a minimum, the fiscal year 1995 
level of service, staffing, and funding for Taxpayer Services.
    Sec. 104. No funds available in this Act to the Internal Revenue 
Service for separation incentive payments as authorized by section 525 
of this Act may be obligated without the advance approval of the House 
and Senate Committees on Appropriations.
    Sec. 105. The Internal Revenue Service is prohibited from expending 
funds for the field office reorganization plan until the National 
Commission on Restructuring the Internal Revenue Service has had an 
opportunity to issue their final report.
    Sec. 106. Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased manpower to provide sufficient and effective 1-800 help line 
for taxpayers. The Commissioner shall make the improvement of the IRS 
1-800 help line service a priority and allocate resources necessary to 
increase phone lines and staff to improve the IRS 1-800 help line 
service.
    Sec. 107. No funds made available by this Act, or any other Act, to 
the Internal Revenue Service may be used to pay for the design and 
printing of more than two ink colors on the covers of income tax 
packages, and such ink colors must be the same colors as used to print 
the balance of the material in each package.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase (not to exceed 702 vehicles for police-type use, of 
which 665 shall be for replacement only), and hire of passenger motor 
vehicles; hire of aircraft; training and assistance requested by State 
and local governments, which may be provided without reimbursement; 
services of expert witnesses at such rates as may be determined by the 
Director; rental of buildings in the District of Columbia, and fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control, as may be necessary 
to perform protective functions; for payment of per diem and/or 
subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee require an 
employee to work 16 hours per day or to remain overnight at his or her 
post of duty; the conducting of and participating in firearms matches; 
presentation of awards; and for travel of Secret Service employees on 
protective missions without regard to the limitations on such 
expenditures in this or any other Act: Provided, That approval is 
obtained in advance from the House and Senate Committees on 
Appropriations; for repairs, alterations, and minor construction at the 
James J. Rowley Secret Service Training Center; for research and 
development; for making grants to conduct behavioral research in 
support of protective research and operations; not to exceed $20,000 
for official reception and representation expenses; not to exceed 
$50,000 to provide technical assistance and equipment to foreign law 
enforcement organizations in counterfeit investigations; for payment in 
advance for commercial accommodations as may be necessary to perform 
protective functions; and for uniforms without regard to the general 
purchase price limitation for the current fiscal year: Provided 
further, That 3 U.S.C. 203(a) is amended by deleting ``but not 
exceeding twelve hundred in number''; $528,262,000, of which $1,200,000 
shall be available as a grant for activities related to the 
investigations of missing and exploited children and shall remain 
available until expended.

                         salaries and expenses

                              (rescission)

    Of the funds made available under this heading in Public Law 104-
52, $7,600,000 are rescinded.

      acquisition, construction, improvement, and related expenses

                      (including tranfer of funds)

    For necessary expenses of construction, repair, alteration, and 
improvement of facilities, $37,365,000, of which $8,200,000 shall be 
available for the Rowley Secret Service Training Center, to remain 
available until expended: Provided, That funds previously provided 
under the title, ``Treasury Buildings and Annex Repair and 
Restoration,'' for the Secret Service's Headquarters Building, shall be 
transferred to this account: Provided further, That funds for the 
Rowley Secret Service Training Center shall not be available until a 
prospectus authorizing such facilities is approved in accordance with 
the Public Buildings Act of 1959, as amended, except that funds may be 
expended for required expenses in connection with the development of a 
proposed prospectus.

             General Provisions--Department of the Treasury

    Section 111. Any obligation or expenditure by the Secretary in 
connection with law enforcement activities of a Federal agency or a 
Department of the Treasury law enforcement organization in accordance 
with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the 
Fund on September 30, 1997, shall be made in compliance with the 
reprogramming guidelines contained in the House and Senate reports 
accompanying this Act.
    Sec. 112. Appropriations to the Treasury Department in this Act 
shall be available for uniforms or allowances therefor, as authorized 
by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; 
purchase of insurance for official motor vehicles operated in foreign 
countries; purchase of motor vehicles without regard to the general 
purchase price limitations for vehicles purchased and used overseas for 
the current fiscal year; entering into contracts with the Department of 
State for the furnishing of health and medical services to employees 
and their dependents serving in foreign countries; and services 
authorized by 5 U.S.C. 3109.
    Sec. 113. None of the funds appropriated by this title shall be 
used in connection with the collection of any underpayment of any tax 
imposed by the Internal Revenue Code of 1986 unless the conduct of 
officers and employees of the Internal Revenue Service in connection 
with such collection, including any private sector employees under 
contract to the Internal Revenue Service, complies with subsection (a) 
of section 805 (relating to communications in connection with debt 
collection), and section 806 (relating to harassment or abuse), of the 
Fair Debt Collection Practices Act (15 U.S.C. 1692).
    Sec. 114. The Internal Revenue Service shall institute policies and 
procedures which will safeguard the confidentiality of taxpayer 
information.
    Sec. 115. The funds provided to the Bureau of Alcohol, Tobacco, and 
Firearms for fiscal year 1997 in this Act for the enforcement of the 
Federal Alcohol Administration Act shall be expended in a manner so as 
not to diminish enforcement efforts with respect to section 105 of the 
Federal Alcohol Administration Act.
    Sec. 116. Paragraph (3)(C) of section 9703(g) of title 31, United 
States Code, is amended--
            (1) by striking in the third sentence ``and at the end of 
        each fiscal year thereafter'';
            (2) by inserting in lieu thereof ``1994, 1995, and 1996''; 
        and
            (3) by adding at the end the following new sentence: ``At 
        the end of fiscal year 1997, and at the end of each fiscal year 
        thereafter, the Secretary shall reserve any amounts that are 
        required to be retained in the Fund to ensure the availability 
        of amounts in the subsequent fiscal year for purposes 
        authorized under subsection (a).''
    Sec. 117. Of the funds available to the Internal Revenue Service, 
$13,000,000 shall be made available to continue the private sector debt 
collection program which was initiated in fiscal year 1996 and 
$13,000,000 shall be transferred to the Departmental Offices 
appropriation to initiate a new private sector debt collection program: 
Provided, That the transfer provided herein shall be in addition to any 
other transfer authority contained in this Act.
    Sec. 118. Section 923(j) of title 18, United States Code, is 
amended by striking the period after the last sentence, and inserting 
the following: ``, including the right of a licensee to conduct `curios 
or relics' firearms transfers and business away from their business 
premises with another licensee without regard as to whether the 
location of where the business is conducted is located in the State 
specified on the license of either licensee.''.
    This title may be cited as the ``Treasury Department Appropriations 
Act, 1997''.

                        TITLE II--POSTAL SERVICE

                     Payments to the Postal Service

                   payment to the postal service fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $85,080,000: Provided, That mail 
for overseas voting and mail for the blind shall continue to be free: 
Provided further, That 6-day delivery and rural delivery of mail shall 
continue at not less than the 1983 level: Provided further, That none 
of the funds made available to the Postal Service by this Act shall be 
used to implement any rule, regulation, or policy of charging any 
officer or employee of any State or local child support enforcement 
agency, or any individual participating in a State or local program of 
child support enforcement, a fee for information requested or provided 
concerning an address of a postal customer: Provided further, That none 
of the funds provided in this Act shall be used to consolidate or close 
small rural and other small post offices in the fiscal year ending on 
September 30, 1997.

      payment to the postal service fund for nonfunded liabilities

    For payment to the Postal Service Fund for meeting the liabilities 
of the former Post Office Department to the Employees' Compensation 
Fund pursuant to 39 United States Code 2004, $35,536,000.

TITLE  III--EXECUTIVE  OFFICE  OF  THE PRESIDENT AND FUNDS APPROPRIATED 
                            TO THE PRESIDENT

                   Compensation of the President and

                         the White House Office

                     compensation of the president

    For compensation of the President, including an expense allowance 
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, 
$250,000: Provided, That none of the funds made available for official 
expenses shall be expended for any other purpose and any unused amount 
shall revert to the Treasury pursuant to section 1552 of title 31, 
United States Code: Provided further, That none of the funds made 
available for official expenses shall be considered as taxable to the 
President.

                         salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as 
authorized by 3 U.S.C. 105, which shall be expended and accounted for 
as provided in that section; hire of passenger motor vehicles, 
newspapers, periodicals, teletype news service, and travel (not to 
exceed $100,000 to be expended and accounted for as provided by 3 
U.S.C. 103); not to exceed $19,000 for official entertainment expenses, 
to be available for allocation within the Executive Office of the 
President; $40,193,000: Provided, That $420,000 of the funds 
appropriated may not be obligated until the Director of the Office of 
Administration has submitted, and the Committees on Appropriations of 
the House and Senate have approved, a report that identifies, 
evaluates, and prioritizes all computer systems investments planned for 
fiscal year 1997, a milestone schedule for the development and 
implementation of all projects included in the systems investment plan, 
and a systems architecture plan.

                 Executive Residence at the White House

                           operating expenses

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $7,827,000, to be expended and 
accounted for as provided by 3 U.S.C. 105, 109-110, 112-114.

 Special Assistance to the President and the Official Residence of the 
                             Vice President

                         salaries and expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles; $3,280,000: Provided, That $150,000 
of the funds appropriated may not be obligated until the Director of 
the Office of Administration has submitted, and the Committees on 
Appropriations of the House and Senate have approved, a report that 
identifies, evaluates, and prioritizes all computer systems investments 
planned for fiscal year 1997, a milestone schedule for the development 
and implementation of all projects included in the systems investment 
plan, and a systems architecture plan.

                           operating expenses

    For the care, operation, refurnishing, improvement, heating and 
lighting, including electric power and fixtures, of the official 
residence of the Vice President, the hire of passenger motor vehicles, 
and not to exceed $90,000 for official entertainment expenses of the 
Vice President, to be accounted for solely on his certificate; 
$324,000: Provided, That advances or repayments or transfers from this 
appropriation may be made to any department or agency for expenses of 
carrying out such activities: Provided further, That $8,000 of the 
funds appropriated may not be obligated until the Director of the 
Office of Administration has submitted for approval to the Committees 
on Appropriations of the House and Senate a report that identifies, 
evaluates, and prioritizes all computer systems investments planned for 
fiscal year 1997, a milestone schedule for the development and 
implementation of all projects included in the systems investment plan, 
and a systems architecture plan.

                      Council of Economic Advisers

                         salaries and expenses

    For necessary expenses of the Council in carrying out its functions 
under the Employment Act of 1946 (15 U.S.C. 1021), $3,439,000.

                      Office of Policy Development

                         salaries and expenses

    For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107; 
$3,867,000: Provided, That $45,000 of the funds appropriated may not be 
obligated until the Director of the Office of Administration has 
submitted, and the Committees on Appropriations of the House and Senate 
have approved, a report that identifies, evaluates, and prioritizes all 
computer systems investments planned for fiscal year 1997, a milestone 
schedule for the development and implementation of all projects 
included in the systems investment plan, and a systems architecture 
plan.

                       National Security Council

                         salaries and expenses

    For necessary expenses of the National Security Council, including 
services as authorized by 5 U.S.C. 3109, $6,648,000: Provided, That 
$3,000 of the funds appropriated may not be obligated until the 
Director of the Office of Administration has submitted, and the 
Committees on Appropriations of the House and Senate have approved, a 
report that identifies, evaluates, and prioritizes all computer systems 
investments planned for fiscal year 1997, a milestone schedule for the 
development and implementation of all projects included in the systems 
investment plan, and a systems architecture plan.

                        Office of Administration

                         salaries and expenses

    For necessary expenses of the Office of Administration, 
$26,100,000, including services as authorized by 5 U.S.C. 3109 and 3 
U.S.C. 107, and hire of passenger motor vehicles: Provided, That 
$340,700 of the funds appropriated may not be obligated until the 
Director of the Office of Administration has submitted, and the 
Committees on Appropriations of the House and Senate have approved, a 
report that identifies, evaluates, and prioritizes all computer systems 
investments planned for fiscal year 1997, a milestone schedule for the 
development and implementation of all projects included in the systems 
investment plan, and a systems architecture plan.

                    Office of Management and Budget

                         salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, $55,573,000, of which not to exceed $5,000,000 shall be 
available to carry out the provisions of 44 U.S.C. chapter 35: 
Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall 
be applied only to the objects for which appropriations were made 
except as otherwise provided by law: Provided further, That none of the 
funds appropriated in this Act for the Office of Management and Budget 
may be used for the purpose of reviewing any agricultural marketing 
orders or any activities or regulations under the provisions of the 
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): 
Provided further, That none of the funds made available for the Office 
of Management and Budget by this Act may be expended for the altering 
of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, before 
the House and Senate Committees on Appropriations or the House and 
Senate Committees on Veterans' Affairs or their subcommittees: Provided 
further, That this proviso shall not apply to printed hearings released 
by the House and Senate Committees on Appropriations or the House and 
Senate Committees on Veterans' Affairs.

                 Office of National Drug Control Policy

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $8,000 for official reception and representation 
expenses; and for participation in joint projects or in the provision 
of services on matters of mutual interest with nonprofit, research, or 
public organizations or agencies, with or without reimbursement; 
$35,838,000, of which $19,000,000 shall remain available until 
expended, consisting of $1,000,000 for policy research and evaluation 
and $18,000,000 for the Counter-Drug Technology Assessment Center for 
counternarcotics research and development projects of which $1,000,000 
shall be obligated for state conferences on model state drug laws: 
Provided, That the $17,000,000 for the Counter-Drug Technology 
Assessment Center shall be available for transfer to other Federal 
departments or agencies: Provided further, That the Office is 
authorized to accept, hold, administer, and utilize gifts, both real 
and personal, for the purpose of aiding or facilitating the work of the 
Office: Provided further, That not before January 31, 1997, the 
Director of the Office of National Drug Control Policy shall transfer 
all balances in the Special Forfeiture Fund established by section 6073 
of the Anti-Drug Abuse Act of 1988 (21 U.S.C. Sec. 1509) to the 
Treasury Forfeiture Fund (31 U.S.C. 9703(a)).

                     Federal Drug Control Programs

             high intensity drug trafficking areas program

                     (including transfer of funds)

    For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $127,102,000 
for drug control activities consistent with the approved strategy for 
each of the designated High Intensity Drug Trafficking Areas, of which 
$3,000,000 shall be used for a newly designated High Intensity Drug 
Trafficking Area in Lake County, Indiana; of which $6,000,000 shall be 
used for a newly designated High Intensity Drug Trafficking Area for 
the Gulf Coast States of Louisiana, Alabama, and Mississippi; of which 
$8,000,000 shall be used for a newly designated High Intensity Drug 
Trafficking Area dedicated to combating methamphetamine use, production 
and trafficking in a five State area including Iowa, Missouri, 
Nebraska, South Dakota, and Kansas; of which $3,000,000 shall be used 
for a newly designated High Intensity Drug Trafficking Area in the 
State of Colorado; of which $3,000,000 shall be used for a newly 
designated High Intensity Drug Trafficking Area in the Pacific 
Northwest; of the total amount appropriated, including transferred 
funds, no less than $71,000,000 shall be transferred to State and local 
entities for drug control activities, and up to $69,207,000 may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director: Provided, That the funds made available 
under this head shall be obligated within 90 days of the date of 
enactment of this Act.
    This title may be cited as the ``Executive Office Appropriations 
Act, 1997''.

                     TITLE IV--INDEPENDENT AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

    For necessary expenses of the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by the Act of June 23, 
1971, Public Law 92-28; $1,800,000.

                      Federal Election Commission

                         salaries and expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, as amended, $28,165,000, of which no 
less than $2,500,000 shall be available for internal automated data 
processing systems, and of which not to exceed $5,000 shall be 
available for reception and representation expenses.

                   Federal Labor Relations Authority

                         salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 
1978, and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109, including hire of experts and consultants, 
hire of passenger motor vehicles, rental of conference rooms in the 
District of Columbia and elsewhere; $21,588,000: Provided, That public 
members of the Federal Service Impasses Panel may be paid travel 
expenses and per diem in lieu of subsistence as authorized by law (5 
U.S.C. 5703) for persons employed intermittently in the Government 
service, and compensation as authorized by 5 U.S.C. 3109: Provided 
further, That notwithstanding 31 U.S.C. 3302, funds received from fees 
charged to non-Federal participants at labor-management relations 
conferences shall be credited to and merged with this account, to be 
available without further appropriation for the costs of carrying out 
these conferences.

                    General Services Administration

                         federal buildings fund

                 limitations on availability of revenue

                     (including transfer of funds)

    For additional expenses necessary to carry out the purpose of the 
Fund established pursuant to section 210(f) of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)), 
$400,544,000, to be deposited into said Fund. The revenues and 
collections deposited into the Fund shall be available for necessary 
expenses of real property management and related activities not 
otherwise provided for, including operation, maintenance, and 
protection of federally owned and leased buildings; rental of buildings 
in the District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving; repair and 
alteration of federally owned buildings including grounds, approaches 
and appurtenances; care and safeguarding of sites; maintenance, 
preservation, demolition, and equipment; acquisition of buildings and 
sites by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and payment of principal, 
interest, taxes, and any other obligations for public buildings 
acquired by installment purchase and purchase contract, in the 
aggregate amount of $5,555,544,000 of which (1) not to exceed 
$657,711,000 shall remain available until expended for construction of 
additional projects and at maximum construction improvement costs 
(including funds for sites and expenses and associated design and 
construction services) as follows:
    New Construction:
    California:
            Fresno, Federal Building and U.S. Courthouse, $6,595,000
    Colorado:
            Denver, Rogers Federal Building-U.S. Courthouse, $9,545,000
    District of Columbia:
            U.S. Courthouse Annex, $5,703,000
    Florida:
            Miami, U.S. Courthouse, $24,990,000
            Orlando, U.S. Courthouse, $9,514,000
    Kentucky:
            Covington, U.S. Courthouse, $17,134,000
            London, U.S. Courthouse, $13,732,000
    Montana:
            Babb, Piegan Border Station, $333,000
            Sweetgrass, Border Station, $1,059,000
    Nevada:
            Las Vegas, U.S. Courthouse, $83,719,000
    New York:
            Brooklyn, U.S. Courthouse, $169,000,000
    Ohio:
            Cleveland, U.S. Courthouse, $128,559,000
            Youngstown, U.S. Courthouse, $15,813,000
    Oregon:
            Portland, Consolidated Law Federal Office Building, 
        $4,750,000
    Pennsylvania:
            Erie, U.S. Courthouse Annex, $3,300,000
            Philadelphia, DVA-Federal Complex, Phase II, $13,765,000
    South Carolina:
            Columbia, U.S. Courthouse Annex, $43,848,000
    Texas:
            Corpus Christi, U.S. Courthouse, $24,161,000
    Utah:
            Salt Lake City, Moss U.S. Courthouse Annex and Alteration, 
        $11,474,000
    Washington:
            Blaine, U.S. Border Station, $13,978,000
            Oroville, U.S. Border Station, $1,452,000
            Seattle, U.S. Courthouse, $16,853,000
            Sumas, U.S. Border Station (Claim), $1,177,000
    Nationwide:
            Non-prospectus construction projects, $10,000,000
            Security Enhancements, $27,256,000:
Provided, That each of the immediately foregoing limits of costs on new 
construction projects may be exceeded to the extent that savings are 
affected in other such projects, but not to exceed 10 percent unless 
advance approval is obtained from the House and Senate Committees on 
Appropriations of a greater amount: Provided further, That the cost of 
future U.S. Courthouse annex projects shall reflect savings through 
improving design efficiencies, curtailing planned interior finishes, 
requiring more efficient use of courtroom and library space, and by 
otherwise limiting space requirements: Providing further, That from 
funds available in the Federal Buildings Fund, $20,000,000 shall be 
available until expended for environmental clean up activities at the 
Southeast Federal Center in the District of Columbia and $81,000,000 
shall be available until expended for design and construction 
activities at the Consolidated Law Federal Office Building in Portland, 
Oregon: Provided further, That from funds available for nonprospectus 
construction projects, $250,000 may be available until expended for the 
acquisition, lease, construction, and equipping of flexiplace work 
telecommuting centers in West Virginia: Provided further, That all 
funds for direct construction projects shall expire on September 30, 
1999: (2) not to exceed $639,000,000 shall remain available until 
expended, for repairs and alterations which includes associated design 
and construction services: Provided further, That funds in the Federal 
Buildings Fund for Repairs and Alterations shall, for prospectus 
projects, be limited to the amount by project as follows, except each 
project may be increased by an amount not to exceed 10 per centum 
unless advance approval is obtained from the Committees on 
Appropriations of the House and Senate of a greater amount:
        Repairs and Alterations:
        District of Columbia:
            Ariel Rios Building, $62,740,000
            Justice Department, Phase 1 of 3, $50,000,000
            Lafayette Building, $5,166,000
        Hawaii:
            Honolulu, Prince Jonah Kuhio Kalanianaole Federal Building 
        and U.S. Courthouse, $4,140,000
        Illinois:
            Chicago, Everett M. Dirksen Federal Building, $18,844,000
            Chicago, John C. Kluczynski, Jr. Federal Building (IRS), 
        $13,414,000
        Louisiana:
            New Orleans, Customhouse, $3,500,000
    Maryland:
            Montgomery County, White Oak environmental cleanup 
        activities, $10,000,000
        Massachusetts:
            Andover, IRS Regional Service Center, $812,000
        New Hampshire:
            Concord, J.C. Cleveland Federal Building, $8,251,000
        New Jersey:
            Camden, U.S. Post Office-Courthouse $11,096,000
        New York:
            Albany, James T. Foley Post Office-Courthouse, $3,880,000
            Brookhaven, IRS Service Center, $2,272,000
            New York, Jacob K. Javits Federal Building, $13,651,000
        Pennsylvania:
            Scranton, Federal Building-U.S. Courthouse, $10,610,000
        Rhode Island:
            Providence, Federal Building-U.S. Courthouse, $8,209,000
        Texas:
            Fort Worth, Federal Center, $11,259,000
        Nationwide:
            Chlorofluorocarbons Program, $23,456,000
            Elevator Program, $10,000,000
            Energy Program, $20,000,000
            Security Enhancements, various buildings, $2,700,000
            Basic Repairs and Alterations, $345,000,000:
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations of the House 
and Senate: Provided further, That the amounts provided in this or any 
prior Act for Repairs and Alterations may be used to fund costs 
associated with implementing security improvements to buildings 
necessary to meet the minimum standards for security in accordance with 
current law and in compliance with the reprogramming guidelines of the 
appropriate Committees of the House and Senate: Provided further, That 
funds in the Federal Buildings Fund for Repairs and Alterations shall, 
for prospectus projects, be limited to the originally authorized 
amount, except each project may be increased by an amount not to exceed 
10 percent when advance approval is obtained from the Committees on 
Appropriations of the House and Senate of a greater amount: Provided 
further, That the difference between the funds appropriated and 
expended on any projects in this or any prior Act, under the heading 
``Repairs and Alterations'', may be transferred to Basic Repairs and 
Alterations or used to fund authorized increases in prospectus 
projects: Provided further, That from funds made available for Basic 
Repairs and Alterations, $8,000,000 shall be made available for 
renovation of the Agricultural Research Service Laboratory in Ames, 
Iowa, which is currently occupied by the Animal and Plant Health 
Inspection Service: Provided further, That from funds made available 
for Basic Repairs and Alterations, $1,450,000 may be available for the 
renovation of the Pioneer Courthouse located at 520 SW Morrison, in 
Portland, Oregon: Provided further, That from funds made available for 
Basic Repairs and Alterations, $6,000,000 shall be used for necessary 
expenses associated with ongoing construction of the U.S. Courthouse in 
Montgomery, Alabama: Provided further, That from funds made available 
for Basic Repairs and Alterations, $100,000 shall be transferred to the 
National Park Service ``Construction'' appropriation for restoration 
and maintenance of the multi-purpose field at Wallenberg Place in 
Washington, DC: Provided further, That all funds for repairs and 
alterations prospectus projects shall expire on September 30, 1999, and 
remain in the Federal Buildings Fund except funds for projects as to 
which funds for design or other funds have been obligated in whole or 
in part prior to such date: Provided further, That the amount provided 
in this or any prior Act for Basic Repairs and Alterations may be used 
to pay claims against the Government arising from any projects under 
the heading ``Repairs and Alterations'' or used to fund authorized 
increases in prospectus projects: Provided further, That $5,700,000 of 
the funds provided under this heading in Public Law 103-329, for the 
IRS Service Center, Holtsville, New York, shall be available until 
September 30, 1998; (3) not to exceed $173,075,000 for installment 
acquisition payments including payments on purchase contracts which 
shall remain available until expended: Provided further, That up to 
$1,500,000 shall be available for a design prospectus of the Federal 
Building and U.S. Courthouse located at 811 Grand Avenue in Kansas 
City, Missouri; (4) not to exceed $2,343,795,000 for rental of space 
which shall remain available until expended; and (5) not to exceed 
$1,552,651,000 for building operations which shall remain available 
until expended and of which $8,000,000 shall be transferred to the 
``Policy and Operations'' appropriation: Provided further, That funds 
available to the General Services Administration shall not be available 
for expenses in connection with any construction, repair, alteration, 
and acquisition project for which a prospectus, if required by the 
Public Buildings Act of 1959, as amended, has not been approved, except 
that necessary funds may be expended for each project for required 
expenses in connection with the development of a proposed prospectus: 
Provided further, That the Administrator of General Services shall, at 
the earliest practicable date, initiate discussions with the 
Smithsonian Institution on the feasibility of transferring Federal 
Building 10B located at 600 Independence Avenue, SW., Washington, D.C. 
to the Smithsonian Institution at such price and under such terms and 
conditions as determined appropriate by the Administrator and subject 
to the prior approval of the appropriate authorizing and appropriations 
committee of the Congress: Provided further, That funds provided in 
this Act under the heading ``Security Enhancements, various buildings'' 
may be used, by project in accordance with an approved prospectus: 
Provided further, That the Administrator is authorized in fiscal year 
1997 and thereafter, to enter into and perform such leases, contracts, 
or other transactions with any agency or instrumentality of the United 
States, the several States, or the District of Columbia, or with any 
person, firm, association, or corporation, as may be necessary to 
implement the trade center plan at the Federal Triangle Project and is 
hereby granted all the rights and authorities of the former 
Pennsylvania Avenue Development Corporation (PADC) with regard to 
property transferred from the PADC to the General Services 
Administration in fiscal year 1996: Provided further, That 
notwithstanding any other provision of law, the Administrator of 
General Services is hereby authorized to use all funds transferred from 
the PADC or income earned on PADC properties for activities associated 
with carrying out the responsibilities of the PADC transferred to the 
Administrator of General Services and that any such income earned on or 
after April 1, 1996, shall be deposited to the Pennsylvania Avenue 
Activities account and shall remain available until expended: Provided 
further, That any funds or income as may be deemed by the Administrator 
as excess to the amount needed to fulfill the PADC responsibilities 
transferred to the Administrator of General Services, shall be applied 
to any outstanding debt, with the exception of debt associated with the 
Ronald Reagan Building and International Trade Center, incurred by the 
PADC in the course of acquiring real estate: Provided further, That 
with respect to real property transferred from the PADC to the General 
Services Administration pursuant to section 313 of Public Law 104-134, 
Title III, General Provisions, the Administrator of General Services is 
hereafter authorized and directed to make payments required by section 
10(b) of the PADC Act of 1972, Public Law 92-578 in the same manner as 
previously paid by the PADC: Provided further, That for the purposes of 
this authorization, buildings constructed pursuant to the purchase 
contract authority of the Public Buildings Amendments of 1972 (40 
U.S.C. 602a), buildings occupied pursuant to installment purchase 
contracts, and buildings under the control of another department or 
agency where alterations of such buildings are required in connection 
with the moving of such other department or agency from buildings then, 
or thereafter to be, under the control of the General Services 
Administration shall be considered to be federally owned buildings: 
Provided further, That funds available in the Federal Buildings Fund 
may be expended for emergency repairs when advance approval is obtained 
from the Committees on Appropriations of the House and Senate: Provided 
further, That amounts necessary to provide reimbursable special 
services to other agencies under section 210(f)(6) of the Federal 
Property and Administrative Services Act of 1949, as amended (40 U.S.C. 
490(f)(6)) and amounts to provide such reimbursable fencing, lighting, 
guard booths, and other facilities on private or other property not in 
Government ownership or control as may be appropriate to enable the 
United States Secret Service to perform its protective functions 
pursuant to 18 U.S.C. 3056, as amended, shall be available from such 
revenues and collections: Provided further, That revenues and 
collections and any other sums accruing to this Fund during fiscal year 
1997, excluding reimbursements under section 210(f)(6) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)) 
in excess of $5,555,544,000 shall remain in the Fund and shall not be 
available for expenditure except as authorized in appropriations Acts.

                         policy and operations

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and oversight activities associated with asset 
management activities; utilization and donation  of surplus personal 
property; transportation management activities; procurement and supply 
management activities; Government-wide and internal responsibilities 
relating to automated data management, telecommunications, information 
resources management, and related technology activities; utilization 
survey, deed compliance inspection, appraisal, environmental and 
cultural analysis, and land use planning functions pertaining to excess 
and surplus real property; agency-wide policy direction; Board of 
Contract Appeals; accounting, records management, and other support 
services incident to adjudication of Indian Tribal Claims by the United 
States Court of Federal Claims; services as authorized by 5 U.S.C. 
3109; and not to exceed $5,000 for official reception and 
representation expenses; $110,173,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General and 
services authorized by 5 U.S.C. 3109, $33,863,000: Provided, That not 
to exceed $5,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

           allowances and office staff for former presidents

    For carrying out the provisions of the Act of August 25, 1958, as 
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,180,000: 
Provided, That the Administrator of General Services shall transfer to 
the Secretary of the Treasury such sums as may be necessary to carry 
out the provisions of such Acts.

                   expenses, presidential transition

    For expenses necessary to carry out the Presidential Transition Act 
of 1963, as amended (3 U.S.C. 102 note), $5,600,000.

          general provisions--general services administration

    Section 401. The appropriate appropriation or fund available to the 
General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improvement, 
included as part of rentals received from Government corporations 
pursuant to law (40 U.S.C. 129).
    Sec. 402. Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 403. Funds in the Federal Buildings Fund made available for 
fiscal year 1997 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to 
meet program requirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropriations of the House 
and Senate.
    Sec. 404. No funds made available by this Act shall be used to 
transmit a fiscal year 1998 request for United States Courthouse 
construction that does not meet the design guide standards for 
construction as established by the General Services Administration, the 
Judicial Conference of the United States, and the Office of Management 
and Budget and does not reflect the priorities of the Judicial 
Conference of the United States as set out in its approved 5-year 
construction plan: Provided, That the request must be accompanied by a 
standardized courtroom utilization study of each facility to be 
replaced or expanded.
    Sec. 405. None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency which does not pay 
the requested rate per square foot assessment for space and services as 
determined by the General Services Administration in compliance with 
the Public Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 406. The Administrator of the General Services is directed to 
ensure that the materials used for the facade on the United States 
Courthouse Annex, Savannah, Georgia project are compatible with the 
existing Savannah Federal Building-U.S. Courthouse fascade, in order to 
ensure compatibility of this new facility with the Savannah historic 
district and to ensure that the Annex will not endanger the National 
Landmark status of the Savannah historic district.
    Sec. 407. (a) Section 210 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 490) is amended by 
adding at the end the following new subsection:
    ``(l)(1) The Administrator may establish, acquire space for, and 
equip flexiplace work telecommuting centers (in this subsection 
referred to as `telecommuting centers') for use by employees of Federal 
agencies, State and local governments, and the private sector in 
accordance with this subsection.
    ``(2) The Administrator may make any telecommuting center available 
for use by individuals who are not Federal employees to the extent the 
center is not being fully utilized by Federal employees. The 
Administrator shall give Federal employees priority in using the 
telecommuting centers.
    ``(3)(A) The Administrator shall charge user fees for the use of 
any telecommuting center. The amount of the user fee shall approximate 
commercial charges for comparable space and services except that in no 
instance shall such fee be less than that necessary to pay the cost of 
establishing and operating the center, including the reasonable cost of 
renovation and replacement of furniture, fixtures, and equipment.
    ``(B) Amounts received by the Administrator after September 30, 
1993, as user fees for use of any telecommuting center may be deposited 
into the Fund established under subsection (f) of this section and may 
be used by the Administrator to pay costs incurred in the establishment 
and operation of the center.
    ``(4) The Administrator may provide guidance, assistance, and 
oversight to any person regarding establishment and operation of 
alternative workplace arrangements, such as telecommuting, hoteling, 
virtual offices, and other distributive work arrangements.
    ``(5) In considering whether to acquire any space, quarters, 
buildings, or other facilities for use by employees of any executive 
agency, the head of that agency shall consider whether the need for the 
facilities can be met using alternative workplace arrangements referred 
to in paragraph (4).''.
    (b) Section 13 of the Public Building Act of 1959, as amended, (107 
Stat. 438; 40 U.S.C. 612) is amended--
            (1) by striking ``(xi)'' and inserting in lieu thereof 
        ``(xii)''; and
            (2) by striking ``and (x)'' and inserting in lieu thereof 
        ``(x) telecommuting centers and (xi)''.
    Sec. 408. Notwithstanding any other provision of law, the 
Administrator of General Services is authorized and directed to acquire 
the land bounded by S.W. First Avenue, S.W. Second Avenue, S.W. Main 
Street, and S.W. Madison Street, Portland, Oregon, for the purposes of 
constructing the proposed Law Enforcement Center on the site.
    Sec. 409. Section 2815 of Public Law 103-160, relating to the 
conveyance of real property at the Iowa Army Ammunition Plant, is 
amended--
            (1) in subsection (a), by striking ``may convey to'' and 
        inserting ``shall convey, without reimbursement and if 
        requested by,''; and
            (2) by striking subsection (b) and inserting the following 
        new subsection:
    ``(b) Use of Water and Sewer Lines.--As part of the conveyance 
under subsection (a), the Secretary shall permit the City to use 
existing water and sewer lines and sewage system at the Iowa Army 
Ammunition Plant for a three-year period beginning on the date of the 
conveyance.''.
    Sec. 410. (a) Conveyance of Land.--
            (1) Administrator of general services.--Subject to 
        subsections (b) and (c), the Administrator of General Services 
        (hereinafter in this section referred to as the 
        ``Administrator'') shall convey, without compensation, to a 
        nonprofit organization known as the ``Beaver County Corporation 
        for Economic Development'' all right, title, and interest of 
        the United States in and to those pieces or parcels of land in 
        Hopewell Township, Pennsylvania, described in subsection (b), 
        together with all improvements thereon and appurtenances 
        thereto. The purpose of the conveyance is to provide a site for 
        economic development in Hopewell Township.
            (2) Property description.--The land referred to in 
        paragraph (1) is the parcel of land in the township of 
        Hopewell, county of Beaver, Pennsylvania, bounded and described 
        as follows:
                    (A) Beginning at the southwest corner at a point 
                common to Lot No. 1, same plan, lands now or formerly 
                of Frank and Catherine Wutter, and the easterly right-
                of-way line of Pennsylvania Legislative Route No. 60 
                (Beaver Valley Expressway); thence proceeding by the 
                easterly right-of-way of Pennsylvania Legislative Route 
                No. 60 by the following three courses and distances:
                            (i) North 17 degrees, 14 minutes, 20 
                        seconds West, 213.10 feet to a point.
                            (ii) North 72 degrees, 45 minutes, 40 
                        seconds East, 30.00 feet to a point.
                            (iii) North 17 degrees, 14 minutes, 20 
                        seconds West, 252.91 feet to a point; on a line 
                        dividing Lot No. 1 from the other part of Lot 
                        No. 1, said part now called Lot No. 5, same 
                        plan; thence by last mentioned dividing line, 
                        North 78 degrees, 00 minutes, 00 seconds East; 
                        135.58 feet to a point, a cul-de-sac on 
                        Industrial Drive; thence by said cul-de-sac and 
                        the southerly side of Industrial Drive by the 
                        following courses and distances:
                                    (I) By a curve to the right having 
                                a radius of 100.00 feet for an arc 
                                distance of 243.401 feet to a point.
                                    (II) Thence by a curve to the right 
                                having a radius of 100.00 feet for an 
                                arc distance of 86.321 feet to a point.
                                    (III) Thence by 78 degrees, 00 
                                minutes, 00 seconds East, 777.78 feet 
                                to a point.
                                    (IV) Thence, North 12 degrees, 00 
                                minutes, 00 seconds West, 74.71 feet to 
                                a point.
                                    (V) Thence by a curve to the right, 
                                having a radius of 50.00 feet for an 
                                arc distance of 78.54 feet to a point.
                                    (VI) Thence North 78 degrees, 00 
                                minutes, 00 seconds East, 81.24 feet to 
                                a point.
                                    (VII) Thence by a curve to the 
                                right, having a radius of 415.00 feet 
                                for an arc distance of 140.64 feet to a 
                                point.
                                    (VIII) Thence, South 82 degrees, 35 
                                minutes, 01 second East, 125.00 feet to 
                                a point.
                                    (IX) Thence, South 7 degrees, 24 
                                minutes, 59 seconds West, 5.00 feet to 
                                a point.
                                    (X) Thence by a curve to the right, 
                                having a radius of 320.00 feet for an 
                                arc distance of 256.85 feet to a point.
                                    (XI) Thence by a curve to the right 
                                having a radius of 50.00 feet for an 
                                arc distance of 44.18 feet to a point 
                                on the northerly side of Airport Road.
                    (B) Thence by the northerly side thereof by the 
                following:
                            (i) South 14 degrees, 01 minutes, 54 
                        seconds, West, 56.94 feet to a point.
                            (ii) Thence by a curve to the right having 
                        a radius of 225.00 feet for an arc distance of 
                        207.989 feet to a point.
                            (iii) Thence South 66 degrees, 59 minutes, 
                        45 seconds West, 192.08 feet to a point on the 
                        southern boundary of Lot No. 1, which line is 
                        also the line dividing Lot No. 1 from lands now 
                        or formerly, of Frank and Catherine Wutter.
                    (C) Thence by the same, South 75 degrees, 01 
                minutes, 00 seconds West, 1,351.23 feet to a point at 
                the place of beginning.
            (3) Date of conveyance.--The date of the conveyance of 
        property required under paragraph (1) shall be not later than 
        the 90th day following the date of the enactment of this Act.
            (4) Conveyance terms.--
                    (A) Terms and conditions.--The conveyance of 
                property required under paragraph (1) shall be subject 
                to such terms and conditions as may be determined by 
                the Administrator to be necessary to safeguard the 
                interests of the United States. Such terms and 
                conditions shall be consistent with the terms and 
                conditions set forth in this section.
                    (B) Quitclaim deed.--The conveyance of property 
                required under paragraph (1) shall be by quitclaim 
                deed.
    (b) Limitation on Conveyance.--No part of any land conveyed under 
subsection (a) may be used, during the 30-year period beginning on the 
date of conveyance for any purpose other than economic development.
    (c) Reversionary Interest.--
            (1) In general.--The property conveyed under subsection (a) 
        shall revert to the United States on any date in the 30-year 
        period beginning on the date of such conveyance on which the 
        property is used for a purpose other than economic development.
            (2) Enforcing reversion.--The Administrator shall perform 
        all acts necessary to enforce any reversion of property to the 
        United States under this subsection.
            (3) Inventory of public buildings service.--Property that 
        reverts to the United States under this subsection shall be 
        under the control of the General Services Administration.
    Sec. 411. Notwithstanding any other provision of law, the land 
contained in block 111 in the Federal District, Denver, Colorado, 
obtained pursuant to paragraphs (6) and (7) of section 12 of Public Law 
94-204 (43 U.S.C. 1611 note) shall not be subject to condemnation by 
any agency or instrumentality of the Federal Government, without the 
consent of the owner of that land.

           John F. Kennedy Assassination Records Review Board

    For necessary expenses to carry out the John F. Kennedy 
Assassination Records Collection Act of 1992, $2,150,000.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and 
the Civil Service Reform Act of 1978, including services as authorized 
by 5 U.S.C. 3109, rental of conference rooms in the District of 
Columbia and elsewhere, hire of passenger motor vehicles, and direct 
procurement of survey printing, $23,923,000, together with not to 
exceed $2,430,000 for administrative expenses to adjudicate retirement 
appeals to be transferred from the Civil Service Retirement and 
Disability Fund in amounts determined by the Merit Systems Protection 
Board.

              National Archives and Records Administration

                           operating expenses

    For necessary expenses in connection with the administration of the 
National Archives (including the Information Security Oversight Office) 
and records and related activities, as provided by law, and for 
expenses necessary for the review and declassification of documents, 
and for the hire of passenger motor vehicles, $196,963,000: Provided, 
That the Archivist of the United States is authorized to use any excess 
funds available from the amount borrowed for construction of the 
National Archives facility, for expenses necessary to move into the 
facility.

             archives facilities and presidential libraries

                        repairs and restoration

    For the repair, alteration, and improvement of archives facilities 
and presidential libraries, and to provide adequate storage for 
holdings, $16,229,000 to remain available until expended.

        national historical publications and records commission

                             grants program

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, as amended, 
$5,000,000 to remain available until expended.

                      Office of Government Ethics

                         salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, as 
amended by Public Law 100-598, and the Ethics Reform Act of 1989, 
Public Law 101-194, including services as authorized by 5 U.S.C. 3109, 
rental of conference rooms in the District of Columbia and elsewhere, 
hire of passenger motor vehicles, and not to exceed $1,500 for official 
reception and representation expenses; $8,078,000.

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for 
veterans by private physicians on a fee basis; rental of conference 
rooms in the District of Columbia and elsewhere; hire of passenger 
motor vehicles; not to exceed $2,500 for official reception and 
representation expenses; advances for reimbursements to applicable 
funds of the Office of Personnel Management and the Federal Bureau of 
Investigation for expenses incurred under Executive Order 10422 of 
January 9, 1953, as amended; and payment of per diem and/or subsistence 
allowances to employees where Voting Rights Act activities require an 
employee to remain overnight at his or her post of duty; $87,076,000, 
of which not to exceed $1,000,000 shall be available for the 
establishment of health promotion and disease prevention programs for 
Federal employees; and in addition $94,736,000 for administrative 
expenses, to be transferred from the appropriate trust funds of the 
Office of Personnel Management without regard to other statutes, 
including direct procurement of printing materials for annuitants,  for 
the retirement and insurance programs, of which $3,500,000 shall be 
transferred at such times as the Office of Personnel Management deems 
appropriate, and shall remain available until expended for the costs of 
automating the retirement recordkeeping systems, together with 
remaining amounts authorized in previous Acts for the recordkeeping 
systems: Provided, That the provisions of this appropriation shall not 
affect the authority to use applicable trust funds as provided by 
section 8348(a)(1)(B) of title 5, United States Code: Provided further, 
That, except as may be consistent with 5 U.S.C. 8902a(f)(1) and (i), no 
payment may be made from the Employees Health Benefits Fund to any 
physician, hospital, or other provider of health care services or 
supplies who is, at the time such services or supplies are provided to 
an individual covered under chapter 89 of title 5, United States Code, 
excluded, pursuant to section 1128 or 1128A of the Social Security Act 
(42 U.S.C. 1320a-7-1320a-7a), from participation in any program under 
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.): 
Provided further, That no part of this appropriation shall be available 
for salaries and expenses of the Legal Examining Unit of the Office of 
Personnel Management established pursuant to Executive Order 9358 of 
July 1, 1943, or any successor unit of like purpose: Provided further, 
That the President's Commission on White House Fellows, established by 
Executive Order 11183 of October 3, 1964, may, during the fiscal year 
ending September 30, 1997, accept donations of money, property, and 
personal services in connection with the development of a publicity 
brochure to provide information about the White House Fellows, except 
that no such donations shall be accepted for travel or reimbursement of 
travel expenses, or for the salaries of employees of such Commission.

           general provisions--office of personnel management

    Sec. 421. The first sentence of section 1304(e)(1) of title 5, 
United States Code, is amended by inserting after ``basis'' the 
following ``, including personnel management services performed at the 
request of individual agencies (which would otherwise be the 
responsibility of such agencies), or at the request of nonappropriated 
fund instrumentalities''.
    Sec. 422. Paragraph (1) of section 8906(e) of title 5, United 
States Code, is amended--
            (1) by striking the last sentence of that paragraph and 
        redesignating the remainder of that paragraph as (1)(A);
            (2) by adding at the end of paragraph (1)(A) (as so 
        designated) the following:
            ``(B) During each pay period in which an enrollment 
        continues under subparagraph (A)--
                    ``(i) employee and Government contributions 
                required by this section shall be paid on a current 
                basis; and
                    ``(ii) if necessary, the head of the employing 
                agency shall approve advance payment, recoverable in 
                the same manner as under section 5524a(c), of a portion 
                of basic pay sufficient to pay current employee 
                contributions.
            ``(C) Each agency shall establish procedures for accepting 
        direct payments of employee contributions for the purposes of 
        this paragraph.''.

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act, as amended, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $960,000; and in addition, not to exceed $8,645,000 for 
administrative expenses to audit the Office of Personnel Management's 
retirement and insurance programs, to be transferred from the 
appropriate trust funds of the Office of Personnel Management, as 
determined by the Inspector General: Provided, That the Inspector 
General is authorized to rent conference rooms in the District of 
Columbia and elsewhere.

      government payment for annuitants, employees health benefits

    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), 
as amended, such sums as may be necessary.

       government payment for annuitants, employee life insurance

    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
United States Code, such sums as may be necessary.

        payment to civil service retirement and disability fund

    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to 
the Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, That annuities authorized by the Act of May 29, 
1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C. 
771-75), may hereafter be paid out of the Civil Service Retirement and 
Disability Fund.

                       Office of Special Counsel

                         salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower 
Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the 
Uniformed Services Employment and Reemployment Act of 1994 (Public Law 
103-353), including services as authorized by 5 U.S.C. 3109, payment of 
fees and expenses for witnesses, rental of conference rooms in the 
District of Columbia and elsewhere, and hire of passenger motor 
vehicles; $8,116,000.

                        United States Tax Court

                         salaries and expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $33,781,000: Provided, That 
travel expenses of the judges shall be paid upon the written 
certificate of the judge.
    This title may be cited as the ``Independent Agencies 
Appropriations Act, 1997''.

                      TITLE V--GENERAL PROVISIONS

                                This Act

    Section 501. 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. 502. 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. 503. Section 5131 of title 31, United States Code, is 
amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    Sec. 504. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930.
    Sec. 505. None of the funds made available by this Act shall be 
available for the purpose of transferring control over the Federal Law 
Enforcement Training Center located at Glynco, Georgia, and Artesia, 
New Mexico, out of the Treasury Department.
    Sec. 506. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not heretofore authorized by the Congress.
    Sec. 507. No part of any appropriation contained in this Act shall 
be available for the payment of the salary of any officer or employee 
of the United States Postal Service, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any officer or employee of the United 
        States Postal Service from having any direct oral or written 
        communication or contact with any Member or committee of 
        Congress in connection with any matter pertaining to the 
        employment of such officer or employee or pertaining to the 
        United States Postal Service in any way, irrespective of 
        whether such communication or contact is at the initiative of 
        such officer or employee or in response to the request or 
        inquiry of such Member or committee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance of 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any officer or employee of the 
        United States Postal Service, or attempts or threatens to 
        commit any of the foregoing actions with respect to such 
        officer or employee, by reason of any communication or contact 
        of such officer or employee with any Member or committee of 
        Congress as described in paragraph (1).
    Sec. 508. The Office of Personnel Management may, during the fiscal 
year ending September 30, 1997, accept donations of supplies, services, 
land, and equipment for the Federal Executive Institute and Management 
Development Centers to assist in enhancing the quality of Federal 
management.
    Sec. 509. The United States Secret Service may, during the fiscal 
year ending September 30, 1997, and hereafter, accept donations of 
money to off-set costs incurred while protecting former Presidents and 
spouses of former Presidents when the former President or spouse 
travels for the purpose of making an appearance or speech for a payment 
of money or any thing of value.
    Sec. 510. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service and has within 
90 days after his release from such service or from hospitalization 
continuing after discharge for a period of not more than 1 year made 
application for restoration to his former position and has been 
certified by the Office of Personnel Management as still qualified to 
perform the duties of his former position and has not been restored 
thereto.
    Sec. 511. None of the funds made available in this Act may be used 
to provide any non-public information such as mailing or telephone 
lists to any person or any organization outside of the Federal 
Government without the approval of the House and Senate Committees on 
Appropriations.
    Sec. 512. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance 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'').
    Sec. 513. (a) Purchase of American-Made Equipment and Products.--In 
the case of any equipment or products that may be authorized to be 
purchased with financial assistance provided under this Act, it is the 
sense of the Congress that entities receiving such assistance should, 
in expending the assistance, purchase only American-made equipment and 
products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary of the Treasury shall provide 
to each recipient of the assistance a notice describing the statement 
made in subsection (a) by the Congress.
    Sec. 514. 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, such person shall be ineligible to receive any 
contract or subcontract made with funds provided pursuant to this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in section 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 515. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 1997 from appropriations made available for salaries 
and expenses for fiscal year 1997 in this Act, shall remain available 
through September 30, 1998, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the House 
and Senate Committees on Appropriations for approval prior to the 
expenditure of such funds.
    Sec. 516. Where appropriations in this Act are expendable for 
travel expenses of employees and no specific limitation has been placed 
thereon, the expenditures for such travel expenses may not exceed the 
amount set forth in the budget estimates submitted for appropriations 
without the advance approval of the House and Senate Committees on 
Appropriations: Provided, That this section shall not apply to travel 
performed by uncompensated officials of local boards and appeal boards 
in the Selective Service System; to travel performed directly in 
connection with care and treatment of medical beneficiaries of the 
Department of Veterans Affairs; to travel of the Office of Personnel 
Management in carrying out its observation responsibilities of the 
Voting Rights Act; or to payments to interagency motor pools separately 
set forth in the budget schedules: Provided further, That this 
provision does not apply to accounts that do not contain an object 
identification for travel.
    Sec. 517. Notwithstanding any other provision of law or regulation 
during the fiscal year ending September 30, 1997, and thereafter:
            (1) The authority of the special police officers of the 
        Bureau of Engraving and Printing, in the Washington, DC 
        Metropolitan area, extends to buildings and land under the 
        custody and control of the Bureau; to buildings and land 
        acquired by or for the Bureau through lease, unless otherwise 
        provided by the acquisition agency; to the streets, sidewalks 
        and open areas immediately adjacent to the Bureau along 
        Wallenberg Place (15th Street) and 14th Street between 
        Independence and Maine Avenues and C and D Streets between 12th 
        and 14th Streets; to areas which include surrounding parking 
        facilities used by Bureau employees, including the lots at 12th 
        and C Streets, SW, Maine Avenue and Water Streets, SW, Maiden 
        Lane, the Tidal Basin and East Potomac Park; to the protection 
        in transit of United States securities, plates and dies used in 
        the production of United States securities, or other products 
        or implements of the Bureau of Engraving and Printing which the 
        Director of that agency so designates.
            (2) The authority of the special police officers of the 
        United States Mint extends to the buildings and land under the 
        custody and control of the Mint; to the streets, sidewalks and 
        open areas in the vicinity to such facilities; to surrounding 
        parking facilities used by Mint employees; and to the 
        protection in transit of bullion, coins, dies, and other 
        property and assets of, or in the custody of, the Mint.
            (3) The exercise of police authority by Bureau or Mint 
        officers, with the exception of the exercise of authority upon 
        property under the custody and control of the Bureau or the 
        Mint, respectively, shall be deemed supplementary to the 
        Federal police force with primary jurisdictional 
        responsibility. This authority shall be in addition to any 
        other law enforcement authority which has been provided to 
        these officers under other provisions of law or regulations.
    Sec. 518. No funds appropriated by this Act shall be available to 
pay for an abortion, or the administrative expenses in connection with 
any health plan under the Federal employees health benefit program 
which provides any benefits or coverage for abortions.
    Sec. 519. The provision of section 518 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 520. No part of any appropriation made available in this Act 
shall be used to implement Bureau of Alcohol, Tobacco and Firearms 
Ruling TD ATF-360; Re: Notice Nos. 782, 780, 91F009P.
    Sec. 521. Notwithstanding title 5, United States Code, Personal 
Service Contractors (PSC) employed by the Department of the Treasury 
shall be considered as Federal Government employees for purposes of 
making available Federal employee health and life insurance.
    Sec. 523. Section 5112(i)(4) of title 31, United States Code, is 
amended by adding at the end the following new subparagraph:
    ``(C) The Secretary may continue to mint and issue coins in 
accordance with the specifications contained in paragraphs (7), (8), 
(9), and (10) of subsection (a) and paragraph (1)(A) of this subsection 
at the same time the Secretary in minting and issuing other bullion and 
proof gold coins under this subsection in accordance with such program 
procedures and coin specifications, designs, varieties, quantities, 
denominations, and inscriptions as the Secretary, in the Secretary's 
discretion, may prescribe from time to time.'': Provided, That profits 
generated from the sale of gold to the United States Mint for this 
program shall be considered as a receipt to be deposited into the 
General Fund of the Treasury.
    Sec. 524. Section 5112 of title 31, United States Code, is amended 
by adding at the end the following new subsection:
    ``(k) The Secretary may mint and issue bullion and proof platinum 
coins in accordance with such specifications, designs, varieties, 
quantities, denominations, and inscriptions as the Secretary, in the 
Secretary's discretion, may prescribe from time to time: Provided, That 
the Secretary is authorized to use Government platinum reserves 
stockpiled at the United States Mint as working inventory and shall 
ensure that reserves utilized are replaced by the Mint.''.
    Sec. 525. Voluntary Separation Incentive Payments.--(a) 
Definitions.--For the purposes of this section--
            (1) the term ``agency'' means the Internal Revenue Service, 
        the Bureau of Alcohol, Tobacco and Firearms, the United States 
        Customs Service, the General Services Administration, the Merit 
        Systems Protection Board and the Bureau of Engraving and 
        Printing;
            (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 12 months, but does not include--
                    (A) an employee who, upon separation and 
                application, would be eligible for an immediate annuity 
                under subchapter III of chapter 83 or chapter 84 of 
                title 5, United States Code (or another retirement 
                system for employees of the agency), other than an 
                annuity subject to a reduction under section 8339(h) or 
                8415(f) of such title (or corresponding provisions of 
                another retirement system for employees of the agency);
                    (B) a reemployed annuitant under the applicable 
                retirement system referred to in subparagraph (A);
                    (C) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under the applicable retirement 
                system referred to in subparagraph (A);
                    (D) an employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance;
                    (E) an employee who, upon completing an additional 
                period of service, as referred to in subsection 
                (b)(2)(B)(ii) of section 3 of the Federal Workforce 
                Restructuring Act of 1994 (5 U.S.C. 5597 note), would 
                qualify for a voluntary separation incentive payment 
                under such section;
                    (F) an employee who has previously received any 
                voluntary separation incentive payment from the 
                Government of the United States under this section or 
                any other authority and has not repaid such payment;
                    (G) an employee covered by statutory reemployment 
                rights who is on transfer to another organization; or
                    (H) any employee who--(i) 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; (ii) 
                during the twelve month period preceding the date of 
                separation, has received a retention allowance under 
                section 5754 of title 5, United States Code.
    (b) Agency Strategic Plan.--
            (1) In general.--Before obligating any resources for 
        voluntary separation incentive payments under this section, the 
        head of the agency concerned 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 positions and functions to be reduced or 
                eliminated.
    (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 employees only 
        to the extent necessary to eliminate the positions and 
functions identified by the strategic plan.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment under this section--
                    (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 amount determined by the 
                agency head, except that such amount may not exceed the 
                lesser of--
                            (i) the amount the employee would be 
                        entitled to receive under subsection (c) of 
                        section 5595 of title 5, United States Code, if 
                        the employee were entitled to severance pay 
                        under such section; or
                            (ii) $25,000;
                    (D) may not be made except in the case of any 
                employee who voluntarily separates (whether by 
                retirement or resignation) on or 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 or 
        chapter 84 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 payment 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 repay to the agency that paid the incentive 
payment, before such individual commences such employment or work, the 
entire amount of 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 full-time 
        position (or the equivalent) for each vacancy created by the 
        separation of any employee who has received, or is due to 
        receive, a voluntary separation incentive payment under this 
        section.
            (2) Enforcement.--The President, through the Office of 
        Management and Budget, shall monitor compliance with this 
        subsection and shall 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. 526. (a) Reimbursement of Certain Attorney Fees and Costs.--
            (1) In general.--The Secretary of the Treasury shall pay 
        from amounts appropriated in title I of this Act under the 
        heading, ``Departmental Offices, Salaries and Expenses'', up to 
        $500,000 to reimburse former employees of the White House 
        Travel Office whose employment in that Office was terminated on 
        May 19, 1993, for any attorney fees and costs they incurred 
        with respect to that termination.
            (2) Verification required.--The Secretary shall pay an 
        individual in full under paragraph (1) upon submission by the 
        individual of documentation verifying the attorney fees and 
        costs.
            (3) No inference of liability.--Liability of the United 
        States shall not be inferred from enactment of or payment under 
        this subsection.
    (b) Limitation on Filing of Claims.--The Secretary of the Treasury 
shall not pay any claim filed under this section that is filed later 
than 120 days after the date of the enactment of this Act.
    (c) Limitation.--Payments under subsection (a) shall not include 
attorney fees or costs incurred with respect to any Congressional 
hearing or investigation into the termination of employment of the 
former employees of the White House Travel Office.
    (d) Reduction.--The amount paid pursuant to this section to an 
individual for attorney fees and costs described in subsection (a) 
shall be reduced by any amount received before the date of the 
enactment of this Act, without obligation for repayment by the 
individual, for payment of such attorney fees and costs (including any 
amount received from the funds appropriated for the individual in the 
matter relating to the ``Office of the General Counsel'' under the 
heading ``Office of the Secretary'' in title I of the Department of 
Transportation and Related Agencies Appropriations Act, 1994).
    (e) Payment in Full Settlement of Claims Against the United 
States.--Payment under this section, when accepted by an individual 
described in subsection (a), shall be in full satisfaction of all 
claims of, or on behalf of, the individual against the United States 
that arose out of the termination of the White House Travel Office 
employment of that individual on May 19, 1993.
    Sec. 527. None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when it is made known to the Federal official 
having authority to obligate or expend such funds that--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.
    Sec. 528. (a) Closing of Alley.--The alley bisecting the property 
on which a facility is being constructed for use by the United States 
Government at 930 H Street, N.W., Washington, District of Columbia, is 
closed to the public, without regard to any contingencies.
    (b) Jurisdiction.--The Administrator of General Services shall have 
administrative jurisdiction over, and shall hold title on behalf of the 
United States in, the alley, property, and facility referred to in 
subsection (a).
    Sec. 529. (a) Commemorative Coin Program Restrictions.--Section 
5112 of title 31, United States Code, as amended by sections 524 and 
530 of this Act, is amended by adding at the end the following new 
subsection:
    ``(m) Commemorative Coin Program Restrictions.--
            ``(1) Maximum number.--Beginning January 1, 1999, the 
        Secretary may mint and issue commemorative coins under this 
        section during any calendar year with respect to not more than 
        2 commemorative coin programs.
            ``(2) Mintage levels.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in carrying out any commemorative 
                coin program, the Secretary shall mint--
                            ``(i) not more than 750,000 clad half-
                        dollar coins;
                            ``(ii) not more than 500,000 silver one-
                        dollar coins; and
                            ``(iii) not more than 100,000 gold five-
                        dollar or ten-dollar coins.
                    ``(B) Exception.--If the Secretary determines, 
                based on independent, market-based research conducted 
                by a designated recipient organization of a 
                commemorative coin program, that the mintage levels 
                described in subparagraph (A) are not adequate to meet 
                public demand for that commemorative coin, the 
                Secretary may waive one or more of the requirements of 
                subparagraph (A) with respect to that commemorative 
                coin program.
                    ``(C) Designated recipient organization defined.--
                For purposes of this paragraph, the term `designated 
                recipient organization' means any organization 
                designated, under any provision of law, as the 
                recipient of any surcharge imposed on the sale of any 
                numismatic item.''.
    (b) Recovery of Mint Expenses Required Before Payment of Surcharges 
to any Recipient Organization.--
            (1) Clarification of law relating to deposit of surcharges 
        in the numismatic public enterprise fund.--Section 5134(c)(2) 
        of title 31, United States Code, is amended by inserting ``, 
        including amounts attributable to any surcharge imposed with 
        respect to the sale of any numismatic item'' before the period.
            (2) Conditions on payment of surcharges to recipient 
        organizations.--Section 5134 of title 31, United States Code, 
        is amended by adding at the end the following new subsection:
    ``(f) Conditions on Payment of Surcharges to Recipient 
Organizations.--
            ``(1) Payment of surcharges.--Notwithstanding any other 
        provision of law, no amount derived from the proceeds of any 
        surcharge imposed on the sale of any numismatic item shall be 
        paid from the fund to any designated recipient organization 
        unless--
                    ``(A) all numismatic operation and program costs 
                allocable to the program under which such numismatic 
                item is produced and sold have been recovered; and
                    ``(B) the designated recipient organization submits 
                an audited financial statement that demonstrates to the 
                satisfaction of the Secretary of the Treasury that, 
                with respect to all projects or purposes for which the 
                proceeds of such surcharge may be used, the 
                organization has raised funds from private sources for 
                such projects and purposes in an amount that is equal 
                to or greater than the maximum amount the organization 
                may receive from the proceeds of such surcharge.
            ``(2) Annual audits.--
                    ``(A) Annual audits of recipients required.--Each 
                designated recipient organization that receives any 
                payment from the fund of any amount derived from the 
                proceeds of any surcharge imposed on the sale of any 
                numismatic item shall provide, as a condition for 
                receiving any such amount, for an annual audit, in 
                accordance with generally accepted government auditing 
                standards by an independent public accountant selected 
                by the organization, of all such payments to the 
                organization beginning in the first fiscal year of the 
                organization in which any such amount is received and 
                continuing until all amounts received by such 
                organization from the fund with respect to such 
                surcharges are fully expended or placed in trust.
                    ``(B) Minimum requirements for annual audits.--At a 
                minimum, each audit of a designated recipient 
                organization pursuant to subparagraph (A) shall 
                report--
                            ``(i) the amount of payments received by 
                        the designated recipient organization from the 
                        fund during the fiscal year of the organization 
                        for which the audit is conducted that are 
                        derived from the proceeds of any surcharge 
                        imposed on the sale of any numismatic item;
                            ``(ii) the amount expended by the 
                        designated recipient organization from the 
                        proceeds of such surcharges during the fiscal 
                        year of the organization for which the audit is 
                        conducted; and
                            ``(iii) whether all expenditures by the 
                        designated recipient organization during the 
                        fiscal year of the organization for which the 
                        audit is conducted from the proceeds of such 
                        surcharges were for authorized purposes.
                    ``(C) Responsibility of organization to account for 
                expenditures of surcharges.--Each designated recipient 
                organization that receives any payment from the fund of 
                any amount derived from the proceeds of any surcharge 
                imposed on the sale of any numismatic item shall take 
                appropriate steps, as a condition for receiving any 
                such payment, to ensure that the receipt of the payment 
                and the expenditure of the proceeds of such surcharge 
                by the organization in each fiscal year of the 
                organization can be accounted for separately from all 
                other revenues and expenditures of the organization.
                    ``(D) Submission of audit report.--Not later than 
                90 days after the end of any fiscal year of a 
                designated recipient organization for which an audit is 
                required under subparagraph (A), the organization 
                shall--
                            ``(i) submit a copy of the report to the 
                        Secretary of the Treasury; and
                            ``(ii) make a copy of the report available 
                        to the public.
                    ``(E) Use of surcharges for audits.--Any designated 
                recipient organization that receives any payment from 
                the fund of any amount derived from the proceeds of any 
                surcharge imposed on the sale of any numismatic item 
                may use the amount received to pay the cost of an audit 
                required under subparagraph (A).
                    ``(F) Waiver of paragraph.--The Secretary of the 
                Treasury may waive the application of any subparagraph 
                of this paragraph to any designated recipient 
                organization for any fiscal year after taking into 
                account the amount of surcharges that such organization 
                received or expended during such year.
                    ``(G) Nonapplicability to federal entities.--This 
                paragraph shall not apply to any Federal agency or 
                department or any independent establishment in the 
                executive branch that receives any payment from the 
                fund of any amount derived from the proceeds of any 
                surcharge imposed on the sale of any numismatic item.
                    ``(H) Availability of books and records.--An 
                organization that receives any payment from the fund of 
                any amount derived from the proceeds of any surcharge 
                imposed on the sale of any numismatic item shall 
                provide, as a condition for receiving any such payment, 
                to the Inspector General of the Department of the 
                Treasury or the Comptroller General of the United 
                States, upon the request of such Inspector General or 
                the Comptroller General, all books, records, and work 
                papers belonging to or used by the organization, or by 
                any independent public accountant who audited the 
                organization in accordance with subparagraph (A), which 
                may relate to the receipt or expenditure of any such 
                amount by the organization.
            ``(3) Use of agents or attorneys to influence commemorative 
        coin legislation.--No portion of any payment from the fund to 
        any designated recipient organization of any amount derived 
        from the proceeds of any surcharge imposed on the sale of any 
        numismatic item may be used, directly or indirectly, by the 
        organization to compensate any agent or attorney for services 
        rendered to support or influence in any way legislative action 
        of the Congress relating to such numismatic item.
            ``(4) Designated recipient organization defined.--For 
        purposes of this subsection, the term `designated recipient 
        organization' means any organization designated, under any 
provision of law, as the recipient of any surcharge imposed on the sale 
of any numismatic item.''.
            (3) Scope of application.--The amendments made by this 
        section shall apply with respect to the proceeds of any 
        surcharge imposed on the sale of any numismatic item that are 
        deposited in the Numismatic Public Enterprise Fund after the 
        date of the enactment of this Act.
            (4) Repeal of existing recipient report requirement.--
        Section 303 of Public Law 103-186 (31 U.S.C. 5112 note) is 
        repealed.
    (c) Quarterly Financial Reports.--Section 5134 of title 31, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(g) Quarterly Financial Reports.--
            ``(1) In general.--Not later than the 30th day of each 
        month following each calendar quarter through and including the 
        final period of sales with respect to any commemorative coin 
        program authorized on or after the date of enactment of the 
        Treasury, Postal Service, and General Government Appropriations 
        Act, 1997, the Mint shall submit to the Congress a quarterly 
        financial report in accordance with this subsection.
            ``(2) Requirements.--Each report submitted under paragraph 
        (1) shall include, with respect to the calendar quarter at 
        issue--
                    ``(A) a detailed financial statement, prepared in 
                accordance with generally accepted accounting 
                principles, that includes financial information 
                specific to that quarter, as well as cumulative 
                financial information relating to the entire program;
                    ``(B) a detailed accounting of--
                            ``(i) all costs relating to marketing 
                        efforts;
                            ``(ii) all funds projected for marketing 
                        use;
                            ``(iii) all costs for employee travel 
                        relating to the promotion of commemorative coin 
                        programs;
                            ``(iv) all numismatic items minted, sold, 
                        not sold, and rejected during the production 
                        process; and
                            ``(v) the costs of melting down all 
                        rejected and unsold products;
                    ``(C) adequate market-based research for all 
                commemorative coin programs; and
                    ``(D) a description of the efforts of the Mint in 
                keeping the sale price of numismatic items as low as 
                practicable.''.
    (d) Citizens Commemorative Coin Advisory Committee.--
            (1) Fixed terms for members.--Section 5135(a)(4) of title 
        31, United States Code, is amended to read as follows:
            ``(4) Terms.--Each member appointed under clause (i) or 
        (iii) of paragraph (3)(A) shall be appointed for a term of 4 
        years.''.
            (2) Chairperson.--Section 5135(a) of title 31, United 
        States Code, is amended by adding at the end the following new 
        paragraph:
            ``(7) Chairperson.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Chairperson of the Advisory Committee shall be elected 
                by the members of the Advisory Committee from among 
                such members.
                    ``(B) Exception.--The member appointed pursuant to 
                paragraph (3)(A)(ii) (or the alternate to that member) 
                may not serve as the Chairperson of the Advisory 
                Committee, beginning on June 1, 1999.''.
    (e) Effective Date.--This section and the amendments made by this 
section shall take effect on the date of enactment of this Act.

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

    Section  601. Funds appropriated in this or any other Act may be 
used to pay travel to the United States for the immediate family of 
employees serving abroad in cases of death or life threatening illness 
of said employee.
    Sec. 602. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 1997 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act) by the officers and employees of such department, 
agency, or instrumentality.
    Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency, department or 
instrumentality of the United States which provides or proposes to 
provide child care services for Federal employees may reimburse any 
Federal employee or any person employed to provide such services for 
travel, transportation, and subsistence expenses incurred for training 
classes, conferences or other meetings in connection with the provision 
of such services: Provided, That any per diem allowance made pursuant 
to this section shall not exceed the rate specified in regulations 
prescribed pursuant to section 5707 of title 5, United States Code.
    Sec. 604. Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the maximum 
shall be $9,100: Provided, That these limits may be exceeded by not to 
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 
special heavy-duty vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 5 percent for 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Development, 
and Demonstration Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental cost of clean 
alternative fuels vehicles acquired pursuant to Public Law 101-549 over 
the cost of comparable conventionally fueled vehicles.
    Sec. 605. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-24.
    Sec. 606. Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person (1) is a citizen of the United States, (2) is a person in the 
service of the United States on the date of enactment of this Act who, 
being eligible for citizenship, has filed a declaration of intention to 
become a citizen of the United States prior to such date and is 
actually residing in the United States, (3) is a person who owes 
allegiance to the United States, (4) is an alien from Cuba, Poland, 
South Vietnam, the countries of the former Soviet Union, or the Baltic 
countries lawfully admitted to the United States for permanent 
residence, (5) is a South Vietnamese, Cambodian, or Laotian refugee 
paroled in the United States after January 1, 1975, or (6) is a 
national of the People's Republic of China who qualifys for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992: 
Provided, That for the purpose of this section, an affidavit signed by 
any such person shall be considered prima facie evidence that the 
requirements of this section with respect to his or her status have 
been complied with: Provided further, That any person making a false 
affidavit shall be guilty of a felony, and, upon conviction, shall be 
fined no more than $4,000 or imprisoned for not more than 1 year, or 
both: Provided further, That the above penal clause shall be in 
addition to, and not in substitution for, any other provisions of 
existing law: Provided further, That any payment made to any officer or 
employee contrary to the provisions of this section shall be 
recoverable in action by the Federal Government. This section shall not 
apply to citizens of Ireland, Israel, or the Republic of the 
Philippines, or to nationals of those countries allied with the United 
States in the current defense effort, or to international broadcasters 
employed by the United States Information Agency, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emergencies.
    Sec. 607. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the 
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable 
law.
    Sec. 608. In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order 12873 
        (October 20, 1993), including any such programs adopted prior 
        to the effective date of the Executive Order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.
    Sec. 609. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 610. No part of any appropriation for the current fiscal year 
contained in this or any other Act shall be paid to any person for the 
filling of any position for which he or she has been nominated after 
the Senate has voted not to approve the nomination of said person.
    Sec. 611. For the fiscal year ending September 30, 1997, and 
thereafter, any department or agency to which the Administrator of 
General Services has delegated the authority to operate, maintain or 
repair any building or facility pursuant to section 205(d) of the 
Federal Property and Administrative Services Act of 1949, as amended, 
shall retain that portion of the GSA rental payment available for 
operation, maintenance or repair of the building or facility, as 
determined by the Administrator, and expend such funds directly for the 
operation, maintenance or repair of the building or facility. Any funds 
retained under this section shall remain available until expended for 
such purposes.
    Sec. 612. (a) In General.--Section 1306 of title 31, United States 
Code, is amended to read as follows:
``Sec. 1306. Use of foreign credits
    ``(a) In General.--Foreign credits (including currencies) owed to 
or owned by the United States may be used by any agency for any purpose 
for which appropriations are made for the agency for the current fiscal 
year (including the carrying out of Acts requiring or authorizing the 
use of such credits), but only when reimbursement therefor is made to 
the Treasury from applicable appropriations of the agency.
    ``(b) Exception to Reimbursement Requirement.--Credits described in 
subsection (a) that are received as exchanged allowances, or as the 
proceeds of the sale of personal property, may be used in whole or 
partial payment for the acquisition of similar items, to the extent and 
in the manner authorized by law, without reimbursement to the 
Treasury.''.
    (b) Applicability.--The amendment made by this section shall take 
effect on the date of the enactment of this Act and shall apply 
thereafter.
    Sec. 613. No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
    Sec. 614. Funds made available by this or any other Act to the 
``Postal Service Fund'' (39 U.S.C. 2003) shall be available for 
employment of guards for all buildings and areas owned or occupied by 
the Postal Service and under the charge and control of the Postal 
Service, and such guards shall have, with respect to such property, the 
powers of special policemen provided by the first section of the Act of 
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to 
property owned or occupied by the Postal Service, the Postmaster 
General may take the same actions as the Administrator of General 
Services may take under the provisions of sections 2 and 3 of the Act 
of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b), 
attaching thereto penal consequences under the authority and within the 
limits provided in section 4 of the Act of June 1, 1948, as amended (62 
Stat. 281; 40 U.S.C. 318c).
    Sec. 615. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a 
resolution of disapproval duly adopted in accordance with the 
applicable law of the United States.
    Sec. 616. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for the fiscal year ending on September 30, 1997, by 
this or any other Act, may be used to pay any prevailing rate employee 
described in section 5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by section 616 of the Treasury, Postal 
        Service and General Government Appropriations Act, 1996, until 
        the normal effective date of the applicable wage survey 
        adjustment that is to take effect in fiscal year 1997, in an 
        amount that exceeds the rate payable for the applicable grade 
        and step of the applicable wage schedule in accordance with 
        such section 616; and
            (2) during the period consisting of the remainder of fiscal 
        year 1997, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 1997 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 1997 under section 5304 of 
                such title (whether by adjustment or otherwise), and 
                the overall average percentage of such payments which 
                was effective in fiscal year 1996 under such section.
    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 1996, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 1996, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    (e) This section shall apply with respect to pay for service 
performed after September 30, 1996.
    (f) For the purpose of administering any provision of law 
(including section 8431 of title 5, United States Code, and any rule or 
regulation that provides premium pay, retirement, life insurance, or 
any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the 
basis of a rate of salary or basic pay, the rate of salary or basic pay 
payable after the application of this section shall be treated as the 
rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
    (h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines 
that such exceptions are necessary to ensure the recruitment or 
retention of qualified employees.
    Sec. 617. During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Government 
appointed by the President of the United States, holds office, no funds 
may be obligated or expended in excess of $5,000 to furnish or 
redecorate the office of such department head, agency head, officer or 
employee, or to purchase furniture or make improvements for any such 
office, unless advance notice of such furnishing or redecoration is 
expressly approved by the Committees on Appropriations of the House and 
Senate. For the purposes of this section, the word ``office'' shall 
include the entire suite of offices assigned to the individual, as well 
as any other space used primarily by the individual or the use of which 
is directly controlled by the individual.
    Sec. 618. Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the House and Senate Committees on 
Appropriations.
    Sec. 619. Notwithstanding section 1346 of title 31, United States 
Code, or section 613 of this Act, funds made available for fiscal year 
1997 by this or any other Act shall be available for the interagency 
funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order 
Numbered 12472 (April 3, 1984).
    Sec. 620. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 
3302 of title 5, United States Code, without a certification to the 
Office of Personnel Management from the head of the Federal department, 
agency, or other instrumentality employing the Schedule C appointee 
that the Schedule C position was not created solely or primarily in 
order to detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the 
        Department of State;
            (6) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Federal Bureau of Investigation 
        and the Drug Enforcement Administration of the Department of 
        Justice, the Department of Transportation, the Department of 
        the Treasury, and the Department of Energy performing 
        intelligence functions; and
            (7) the Director of Central Intelligence.
    Sec. 621. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 1997 shall obligate or expend any such funds, unless such 
department, agency or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from discrimination and sexual 
harassment and that all of its workplaces are not in violation of title 
VII of the Civil Rights Act of 1964, as amended, the Age Discrimination 
in Employment Act of 1967, and the Rehabilitation Act of 1973.
    Sec. 622. No part of any appropriation contained in this Act may be 
used to pay for the expenses of travel of employees, including 
employees of the Executive Office of the President, not directly 
responsible for the discharge of official governmental tasks and 
duties: Provided, That this restriction shall not apply to the family 
of the President, Members of Congress or their spouses, Heads of State 
of a foreign country or their designees, persons providing assistance 
to the President for official purposes, or other individuals so 
designated by the President.
    Sec. 623. Notwithstanding any provision of law, the President, or 
his designee, must certify to Congress, annually, that no person or 
persons with direct or indirect responsibility for administering the 
Executive Office of the President's Drug-Free Workplace Plan are 
themselves subject to a program of individual random drug testing.
    Sec. 624. (a) None of the funds made available in this Act or any 
other Act may be obligated or expended for any employee training when 
it is made known to the Federal official having authority to obligate 
or expend such funds that such employee training--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988;
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace; or
            (6) includes content related to human immunodeficiency 
        virus/acquired immune deficiency syndrome (HIV/AIDS) other than 
        that necessary to make employees more aware of the medical 
        ramifications of HIV/AIDS and the workplace rights of HIV-
        positive employees.
     (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 625. No funds appropriated in this or any other Act for fiscal 
year 1997 may be used to implement or enforce the agreements in 
Standard Forms 312 and 4355 of the Government or any other 
nondisclosure policy, form, or agreement if such policy, form, or 
agreement does not contain the following provisions: ``These 
restrictions are consistent with and do not supersede, conflict with, 
or otherwise alter the employee obligations, rights, or liabilities 
created by Executive Order 12356; section 7211 of title 5, United 
States Code (governing disclosures to Congress); section 1034 of title 
10, United States Code, as amended by the Military Whistleblower 
Protection Act (governing disclosure to Congress by members of the 
military); section 2302(b)(8) of title 5, United States Code, as 
amended by the Whistleblower Protection Act (governing disclosures of 
illegality, waste, fraud, abuse or public health or safety threats); 
the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et 
seq.) (governing disclosures that could expose confidential Government 
agents); and the statutes which protect against disclosure that may 
compromise the national security, including sections 641, 793, 794, 
798, and 952 of title 18, United States Code, and section 4(b) of the 
Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The 
definitions, requirements, obligations, rights, sanctions, and 
liabilities created by said Executive Order and listed statutes are 
incorporated into this agreement and are controlling.'': Provided, That 
notwithstanding the preceding paragraph, a nondisclosure policy form or 
agreement that is to be executed by a person connected with the conduct 
of an intelligence or intelligence-related activity, other than an 
employee or officer of the United States Government, may contain 
provisions appropriate to the particular activity for which such 
document is to be used. Such form or agreement shall, at a minimum, 
require that the person will not disclose any classified information 
received in the course of such activity unless specifically authorized 
to do so by the United States Government. Such nondisclosure forms 
shall also make it clear that they do not bar disclosures to Congress 
or to an authorized official of an executive agency or the Department 
of Justice that are essential to reporting a substantial violation of 
law.
    Sec. 626. (a) None of the funds appropriated by this or any other 
Act may be expended by any Federal Agency to procure any product or 
service subject to section 5124 of Public Law 104-106 and that will be 
available under the procurement by the Administrator of General 
Services known as ``FTS2000'' unless--
            (1) such product or service is procured by the 
        Administrator of General Services as part of the procurement 
        known as ``FTS2000''; or
            (2) that agency establishes to the satisfaction of the 
        Administrator of General Services that--
                    (A) that agency's requirements for such procurement 
                are unique and cannot be satisfied by property and 
                service procured by the Administrator of General 
                Services as part of the procurement known as 
                ``FTS2000''; and
                    (B) the agency procurement, pursuant to such 
                delegation, would be cost-effective and would not 
                adversely affect the cost-effectiveness of the FTS2000 
                procurement.
    (b) After December 31, 1998, subsection (a) shall apply only if the 
Administrator of General Services has reported that the FTS2000 
procurement is producing prices that allow the Government to satisfy 
its requirements for such procurement in the most cost-effective 
manner.
    Sec. 627. Subsection (f) of section 403 of Public Law 103-356 is 
amended by deleting ``October 1, 1999'' and inserting ``October 1, 
2001''.
    Sec. 628. (a) In General.--Notwithstanding any other provision of 
law, none of the funds made available by this Act for the Department of 
the Treasury shall be available for any activity or for paying the 
salary of any Government employee where funding an activity or paying a 
salary to a Government employee would result in a decision, 
determination, rule, regulation, or policy that would permit the 
Secretary of the Treasury to make any loan or extension of credit under 
section 5302 of title 31, United States Code, with respect to a single 
foreign entity or government of a foreign country (including agencies 
or other entities of that government)--
            (1) with respect to a loan or extension of credit for more 
        than 60 days, unless the President certifies
        to the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Banking and Financial Services of 
        the House of Representatives that--
                    (A) there is no projected cost (as that term is 
                defined in section 502 of the Federal Credit Reform Act 
                of 1990) to the United States from the proposed loan or 
                extension of credit; and
                    (B) any proposed obligation or expenditure of 
                United States funds to or on behalf of the foreign 
                government is adequately backed by an assured source of 
                repayment to ensure that all United States funds will 
                be repaid; and
            (2) other than as provided by an Act of Congress, if that 
        loan or extension of credit would result in expenditures and 
        obligations, including contingent obligations, aggregating more 
        than $1,000,000,000 with respect to that foreign country for 
        more than 180 days during the 12-month period beginning on the 
        date on which the first such action is taken.
    (b) Waiver of Limitations.--The President may exceed the dollar and 
time limitations in subsection (a)(2) if he certifies in writing to the 
Congress that a financial crisis in that foreign country poses a threat 
to vital United States economic interests or to the stability of the 
international financial system.
    (c) Expedited Procedures for a Resolution of Disapproval.--A 
presidential certification pursuant to subsection (b) shall not take 
effect, if the Congress, within 30 calendar days after receiving such 
certification, enacts a joint resolution of disapproval, as described 
in paragraph (5) of this subsection.
            (1) Reference to committees.--All joint resolutions 
        introduced in the Senate to disapprove the certification shall 
        be referred to the Committee on Banking, Housing, and Urban 
        Affairs, and in the House of Representatives, to the 
        appropriate committees.
            (2) Discharge of committees.--(A) If the committee of 
        either House to which a resolution has been referred has not 
        reported it at the end of 15 days after its introduction, it is 
        in order to move either to discharge the committee from further 
        consideration of the joint resolution or to discharge the 
        committee from further consideration of any other resolution 
        introduced with respect to the same matter, except no motion to 
        discharge shall be in order after the committee has reported a 
        joint resolution with respect to the same matter.
            (B) A motion to discharge may be made only by an individual 
        favoring the resolution, and is privileged in the Senate; and 
        debate thereon shall be limited to not more than 1 hour, the 
        time to be divided in the Senate equally between, and 
        controlled by, the majority leader and the minority leader or 
        their designees.
            (3) Floor consideration in the senate.--(A) A motion in the 
        Senate to proceed to the consideration of a resolution shall be 
        privileged.
            (B) Debate in the Senate on a resolution, and all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 4 hours, to be equally divided between, and 
        controlled by, the majority leader and the minority leader or 
        their designees.
            (C) Debate in the Senate on any debatable motion or appeal 
        in connection with a resolution shall be limited to not more 
        than 20 minutes, to 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.
            (D) A motion in the Senate to further limit debate on a 
        resolution, debatable motion, or appeal is not debatable. No 
        amendment to, or motion to recommit, a resolution is in order 
        in the Senate.
            (4) In the case of a resolution, if prior to the passage by 
        one House of a resolution of that House, that House receives a 
        resolution with respect to the same matter from the other 
        House, then--
                    (A) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House; but
                    (B) the vote on final passage shall be on the 
                resolution of the other House.
            (5) For purposes of this subsection, the term ``joint 
        resolution'' means only a joint resolution of the 2 Houses of 
        Congress, the matter after the resolving clause of which is as 
        follows: ``That the Congress disapproves the action of the 
        President under section 628(c) of the Treasury, Postal Service, 
        and General Government Appropriations Act, 1997, notice of 
        which was submitted to the Congress on ______________.'', with 
        the blank space being filled with the appropriate date.
    (d) Applicability.--This section--
            (1) shall not apply to any action taken as part of the 
        program of assistance to Mexico announced by the President on 
        January 31, 1995; and
            (2) shall remain in effect through fiscal year 1997.
    Sec. 629. (a) Technical Amendment.--Section 640 of Public Law 104-
52 (109 Stat. 513) is amended by striking ``Service performed'' and 
inserting ``Hereafter, service performed''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in Public Law 104-52 on the date of its 
enactment.
    Sec. 630. Notwithstanding any other provision of law, no part of 
any appropriation contained in this Act for any fiscal year shall be 
available for paying Sunday premium or differential pay to any employee 
unless such employee actually performed work during the time 
corresponding to such premium or differential pay.
    Sec. 631. No part of any funds appropriated in this or any other 
Act shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution 
or use of any kit, pamphlet, booklet, publication, radio, television or 
film presentation designed to support or defeat legislation pending 
before the Congress, except in presentation to the Congress itself.
    Sec. 632.(a) The United States Courthouse under construction at 
1030 Southwest 3d Avenue in Portland, Oregon, shall be known and 
designated as the ``Mark O. Hatfield United States Courthouse''.
    (b) Any reference in a law, map, regulation, document, paper, or 
other record of the United States to the courthouse referred to in 
section 901 shall be deemed to be a reference to the ``Mark O. Hatfield 
United States Courthouse''.
    (c) This section shall take effect on January 2, 1997.
    Sec. 633. Survivor Annuity Resumption Upon Termination of 
Marriage.--(a) Amendments.--
            (1) Civil service retirement system.--Section 8341(e) of 
        title 5, United States Code, is amended by adding at the end 
        the following:
    ``(4) If the annuity of a child under this subchapter terminates 
under paragraph (3)(E) because of marriage, then, if such marriage 
ends, such annuity shall resume on the first day of the month in which 
it ends, but only if--
            ``(A) any lump sum paid is returned to the Fund; and
            ``(B) that individual is not otherwise ineligible for such 
        annuity.''.
            (2) Federal employees' retirement system.--Section 8443(b) 
        of such title is amended by adding at the end the following: 
        ``If the annuity of a child under this subchapter terminates 
        under subparagraph (E) because of marriage, then, if such 
        marriage ends, such annuity shall resume on the first day of 
the month in which it ends, but only if any lump sum paid is returned 
to the Fund, and that individual is not otherwise ineligible for such 
annuity.''.
            (3) Federal employees health benefits.--Section 8908 of 
        title 5, United States Code, is amended by adding at the end of 
        the following new subsection:
    ``(d) A surviving child whose survivor annuity under section 
8341(e) or 8443(b) was terminated and is later restored under paragraph 
(4) of section 8341(e) or the last sentence of section 8443(b) may, 
under regulations prescribed by the Office, enroll in a health benefits 
plan described by section 8903 or 8903a if such surviving child was 
covered by any such plan immediately before such annuity was 
terminated.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any termination of marriage taking effect before, 
on, or after the date of enactment of this Act, except that benefits 
shall be payable only with respect to amounts accruing for periods 
beginning on the first day of the month beginning after the later of 
such termination of marriage or such date of enactment.
    Sec. 634. Availability of Annual Leave For Employees Affected by 
Reduction in Force.--Section 6302 of title 5, United States Code, is 
amended by adding at the end of the following new subsection:
    ``(g) An employee who is being involuntarily separated from an 
agency due to a reduction in force or transfer of function under 
subchapter I of chapter 35 may elect to use annual leave to the 
employee's credit to remain on the agency's rolls after the date the 
employee would otherwise have been separated if, and only to the extent 
that, such additional time in a pay status will enable the employee to 
qualify for an immediate annuity under section 8336, 8412, 8414, or to 
qualify to carry health benefits coverage into retirement under section 
8905(b).''.
    Sec. 635. Section 207(e)(6)(B) of title 18, United States Code, is 
amended by striking ``level V of the Executive Schedule'' and inserting 
``level 5 of the Senior Executive Service''.
    Sec. 636. Reimbursements Relating to Professional Liability 
Insurance.--(a) Authority.--Notwithstanding any other provision of law, 
amounts appropriated by this Act (or any other Act for fiscal year 1997 
or any fiscal year thereafter) for salaries and expenses may be used to 
reimburse any qualified employee for not to exceed one-half the costs 
incurred by such employee for professional liability insurance. A 
payment under this section shall be contingent upon the submission of 
such information or documentation as the employing agency may require.
    (b) Qualified Employee.--For purposes of this section, the term 
``qualified employee'' means an agency employee whose position is that 
of--
            (1) a law enforcement officer; or
            (2) a supervisor or management official.
    (c) Definitions.--For purposes of this section--
            (1) the term ``agency'' means an Executive agency, as 
        defined by section 105 of title 5, United States Code, and any 
        agency of the Legislative Branch of Government including any 
        office or committee of the Senate or the House of 
        Representatives;
            (2) the term ``law enforcement officer'' means an employee, 
        the duties of whose position are primarily the investigation, 
        apprehension, prosecution, or detention of individuals 
        suspected or convicted of offenses against the criminal laws of 
        the United States, including any law enforcement officer under 
        section 8331(20) or 8401(17) of such title 5, or under section 
        4823 of title 22, United States Code;
            (3) the terms ``supervisor'' and ``management official'' 
        have the respective meanings given them by section 7103(a) of 
        such title 5; and
            (4) the term ``professional liability insurance'' means 
        insurance which provides coverage for--
                    (A) legal liability for damages due to injuries to 
                other persons, damage to their property, or other 
                damage or loss to such other persons (including the 
                expenses of litigation and settlement) resulting from 
                or arising out of any tortious act, error, or omission 
                of the covered individual (whether common law, 
                statutory, or constitutional) while in the performance 
                of such individual's official duties as a qualified 
                employee; and
                    (B) the cost of legal representation for the 
                covered individual in connection with any 
                administrative or judicial proceeding (including any 
                investigation or disciplinary proceeding) relating to 
                any act, error, or omission of the covered individual 
                while in the performance of such individual's official 
                duties as a qualified employee, and other legal costs 
                and fees relating to any such administrative or 
                judicial proceeding.
    (d) Applicability.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply 
thereafter.
    Sec. 637. For purposes of each provision of law amended by section 
704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no 
adjustment under section 5303 of title 5, United States Code, shall be 
considered to have taken effect in fiscal year 1997 in the rates of 
basic pay for the statutory pay systems.
    Sec. 639. Section 608 of Public Law 104-52 is amended in the first 
sentence by inserting before the period, ``, including Federal records 
disposed of pursuant to a records schedule''.
    Sec. 640. In reviewing and analyzing the contracting out, 
outsourcing or privatization of business and administrative functions, 
and in implementing 40 U.S.C. sections 1413 and 1423, and other 
provisions, in title LI of the National Defense Authorization Act for 
fiscal year 1996 (the Information Technology Management Reform Act)--
            (1) the Director of the Office of Management and Budget and 
        the heads of the executive agencies may have studies, analyses, 
        reviews and other management assistance performed by the 
        private sector;
            (2) the reviews, analyses, and studies called for by 40 
        U.S.C. section 1413(b)(2) (B) and (C) shall be completed and 
        reported to the Agency Head within 180 days, or less measured 
        from when a study analysis or review is initiated unless the 
        Agency Head determines additional time is needed;
            (3) in accordance with principles and rules governing 
        organizational conflicts of interest, persons involved in a 
        particular study may not compete for any work that is to be or 
        is outsourced as a result of that study; and
            (4) this section will apply with respect to studies 
        occurring on or after the date of enactment of this subsection 
        and completed before September 1, 1999 and the Comptroller 
        General of the United States shall review and provide an 
        assessment of this program by January 1, 1999.
    Sec. 641. (a) Section 1--Authorization of Appropriations.--Section 
8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
note, Public Law 101-12, April 10, 1989, 103 Stat. 34, as amended 
Public Law 103-424, Section 1, October 29, 1994, 108 Stat. 4361), is 
amended by striking the words: ``1993, 1994, 1995, 1996, and 1997,'' 
and inserting in lieu thereof ``1998, 1999, 2000, 2001, and 2002''.
    (b) Section 2--Effective Date.--This Act shall take effect on 
October 1, 1998.
    Sec. 642. (a) Section 1--Authorization of Appropriations.--Section 
8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
note; Public Law 103-424; 103 Stat. 34) is amended by striking out: 
``1993, 1994, 1995, 1996, and 1997,'' and inserting in lieu thereof 
``1998, 1999, 2000, 2001, and 2002''.
    (b) Section 2--Effective Date.--This Act shall take effect on 
October 1, 1998.
    Sec. 643. Modifications of National Commission on Restructuring the 
Internal Revenue Service.--(a) Quorum.--Paragraph (4) of section 637(b) 
of the Treasury, Postal Service, and General Government Appropriations 
Act, 1996 (Public Law 104-52, 109 Stat. 510) is amended by striking 
``Seven'' and inserting ``Nine''.
    (b) Co-Chairs.--
            (1) In general.--Paragraph (3) of section 637(b) of such 
        Act is amended--
                    (A) by striking ``a Chairman'' and inserting ``Co-
                Chairs'', and
                    (B) by striking ``Chairman'' in the heading and 
                inserting ``Co-Chairs''.
            (2) Conforming amendments.--(A) Paragraph (5)(B) of section 
        637(b) of such Act is amended by striking ``a Chairman'' and 
        inserting ``Co-Chairs''.
            (B) Subsections (b)(4), (d)(1)(B), (d)(3), and (e)(1) of 
        section 637 of such Act are each amended by striking 
        ``Chairman'' each place it appears and inserting ``Co-Chairs''.
    (c) Gifts.--Section 637(d) of such Act is amended by adding at the 
end the following new paragraph:
            ``(6) Gifts.--The Commission may accept, use, and dispose 
        of gifts or donations of services or property in carrying out 
        its duties under this section.''
    (d) Travel Expenses.--Section 637(f)(2) of such Act is amended by 
striking ``shall'' and inserting ``may''.
    (e) Time for Filing Report.--
            (1) In general.--Paragraph (1) of section 637(g) of such 
        Act is amended by striking ``one year'' and inserting ``15 
        months''.
            (2) Conforming amendment.--Subparagraph (A) of section 
        637(c)(1) of such Act is amended by striking ``one year'' and 
        inserting ``15 months''.
    (f) Effective Date.--The amendments made by this section shall take 
effect as if included in the provisions of the Treasury, Postal 
Service, and General Government Appropriations Act, 1996.
    Sec. 644. (a) In General.--Section 202(a) of title 39, United 
States Code, is amended by striking ``$10,000 a year'' and inserting 
``$30,000 a year''.
    (b) Effective Date.--Subsection (a) shall take effect at the 
beginning of the next applicable pay period beginning after the date of 
the enactment of this Act.
    Sec. 645.(a) In General.--No later than September 30, 1997, the 
Director of the Office of Management and Budget shall submit to the 
Congress a report that provides--
            (1) estimates of the total annual costs and benefits of 
        Federal regulatory programs, including quantitative and 
        nonquantitative measures of regulatory costs and benefits;
            (2) estimates of the costs and benefits (including 
        quantitative and nonquantitative measures) of each rule that is 
        likely to have a gross annual effect on the economy of 
        $100,000,000 or more in increased costs;
            (3) an assessment of the direct and indirect impacts of 
        Federal rules on the private sector, State and local 
        government, and the Federal Government; and
            (4) recommendations from the Director and a description of 
        significant public comments to reform or eliminate any Federal 
        regulatory program or program element that is inefficient, 
        ineffective, or is not a sound use of the Nation's resources.
    (b) Notice.--The Director shall provide public notice and an 
opportunity to comment on the report under subsection (a) before the 
report is issued in final form.
    Sec. 646. Subsection (b) of section 404 of Public Law 103-356 is 
amended by deleting ``September 30, 1997'' and inserting ``December 31, 
1999''.
    Sec. 647. (a) Notwithstanding any other provision of law, the 
Secretary shall, on behalf of the United States, transfer to the 
University of Miami, without charge, title to the real property and 
improvements that as of the date of the enactment of this Act 
constitute the Federal facility known as the Perrine Primate Center, 
subject to the condition that, during the 10-year period beginning on 
the date of the transfer--
            (1) the University will provide for the continued use of 
        the real property and improvements as an animal research 
        facility, including primates, and such use will be the 
        exclusive use of the property (with such incidental exceptions 
        as the Secretary may approve); or
            (2) the real property and improvements will be used for 
        research-related purposes other than the purpose specified in 
        paragraph (1) (or for both of such purposes), if the Secretary 
        and the University enter into an agreement accordingly.
    (b) The conveyance under subsection (a) shall not become effective 
unless the conveyance specifies that, if the University of Miami 
engages in a material breach of the conditions specified in such 
subsection, title to the real property and improvements involved 
reverts to the United States at the election of the Secretary.
    (c) The real property referred to in subsections (a) and (b) is 
located in the county of Dade in the State of Florida, and is a parcel 
consisting of the northernmost 30 acre-parcel of the area. The exact 
acreage and legal description used for purposes of the transfer under 
subsection (a) shall be in accordance with a survey that is 
satisfactory to the Secretary.
    (d) For the purposes of this section--
            (1) the term ``Secretary'' means the Secretary of Health 
        and Human Services; and
            (2) the term ``University of Miami'' means the University 
        of Miami located in the State of Florida.
    Sec. 648. (a) Increased Penalties for Counterfeiting Violations.--
Sections 474 and 474A of title 18, United States Code, are amended by 
striking ``class C felony'' each place that term appears and inserting 
``class B felony''.
    (b) Criminal Penalty for Production, Sale, Transportation, 
Possession of Fictitious Financial Instruments Purporting to be Those 
of the States, of Political Subdivisions, and of Private 
Organizations.--
            (1) In general.--Chapter 25 of title 18, United States 
        Code, is amended by inserting after section 513, the following 
        new section:
``Sec. 514. Fictitious obligations
    ``(a) Whoever, with the intent to defraud--
            ``(1) draws, prints, processes, produces, publishes, or 
        otherwise makes, or attempts or causes the same, within the 
        United States;
            ``(2) passes, utters, presents, offers, brokers, issues, 
        sells, or attempts or causes the same, or with like intent 
        possesses, within the United States; or
            ``(3) utilizes interstate or foreign commerce, including 
        the use of the mails or wire, radio, or other electronic 
        communication, to transmit, transport, ship, move, transfer, or 
attempts or causes the same, to, from, or through the United States,
any false or fictitious instrument, document, or other item appearing, 
representing, purporting, or contriving through scheme or artifice, to 
be an actual security or other financial instrument issued under the 
authority of the United States, a foreign government, a State or other 
political subdivision of the United States, or an organization, shall 
be guilty of a class B felony.
    ``(b) For purposes of this section, any term used in this section 
that is defined in section 513(c) has the same meaning given such term 
in section 513(c).
    ``(c) The United States Secret Service, in addition to any other 
agency having such authority, shall have authority to investigate 
offenses under this section.''.
            (2) Technical amendment.--The analysis for chapter 25 of 
        title 18, United States Code, is amended by inserting after the 
        item relating to section 513 the following:

``514. Fictitious obligations.''.
    (c) Period of Effect.--This section and the amendments made by this 
section shall become effective on the date of enactment of this Act and 
shall remain in effect during each fiscal year following that date of 
enactment.

    Sec. 649. None of the funds appropriated by this Act may be used by 
an agency to provide a Federal employee's home address to any labor 
organization except when it is made known to the Federal official 
having authority to obligate or expend such funds that the employee has 
authorized such disclosure or that such disclosure has been ordered by 
a court of competent jurisdiction.
    Sec. 650. (a) No later than 45 days after the date of the enactment 
of this Act, the Inspector General of each Federal department or agency 
that uses administratively uncontrollable overtime in the pay of any 
employee shall--
            (1) conduct an audit on the use of administratively 
        uncontrollable overtime by employees of such department or 
        agency, which shall include--
                    (A) an examination of the policies, extent, costs, 
                and other relevant aspects of the use of 
                administratively uncontrollable overtime at the 
                department or agency; and
                    (B) a determination of whether the eligibility 
                criteria of the department or agency and payment of 
                administratively uncontrollable overtime comply with 
                Federal statutory and regulatory requirements; and
            (2) submit a report of the findings and conclusions of such 
        audit to--
                    (A) the Office of Personnel Management;
                    (B) the Governmental Affairs Committee of the 
                Senate; and
                    (C) the Government Reform and Oversight Committee 
                of the House of Representatives.
    (b) No later than 30 days after the submission of the report under 
subsection (a), the Office of Personnel Management shall issue revised 
guidelines to all Federal departments and agencies that--
            (1) limit the use of administratively uncontrollable 
        overtime to employees meeting the statutory intent of section 
        5545(c)(2) of title 5, United States Code; and
            (2) expressly prohibit the use of administratively 
        uncontrollable overtime for--
                    (A) customary or routine work duties; and
                    (B) work duties that are primarily administrative 
                in nature, or occur in noncompelling circumstances.
    Sec. 651. Notwithstanding section 8116 of title 5, United States 
Code, and in addition to any payment made under 5 U.S.C. 8101 et seq., 
beginning in fiscal year 1997 and thereafter, the head of any 
department or agency is authorized to pay from appropriations made 
available to the department or agency a death gratuity to the 
personal representative (as that term is defined by applicable law) of 
a civilian employee of that department or agency whose death resulted 
from an injury sustained in the line of duty on or after August 2, 
1990: Provided, That payments made pursuant to this section, in 
combination with the payments made pursuant to sections 8133(f) and 
8134(a) of such title 5 and section 312 of Public Law 103-332 (108 
Stat. 2537), may not exceed a total of $10,000 per employee.
    Sec. 653. (a) Authorization.--
            (1) The Secretary of the Treasury is authorized to 
        establish scientific certification standards for explosives 
        detection canines, and shall provide, on a reimbursable basis, 
        for the certification of explosives detection canines employed 
        by Federal agencies, or other agencies providing explosives 
        detection services at airports in the United States.
            (2) The Secretary of the Treasury shall establish an 
        explosives detection canine training program for the training 
        of canines for explosives detection at airports in the United 
        States.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the purposes of 
this section.
    Sec. 654. National Repository for Information on Explosives 
Incidents and Arson.--
            (a) Section 846 of title 18, United States Code, is amended 
        by--
                    (1) designating the existing section as subsection 
                (a); and
                    (2) by adding the following new subsection (b) to 
                read as follows:
    ``(b) The Secretary is authorized to establish a national 
repository of information on incidents involving arson and the 
suspected criminal misuse of explosives. All Federal agencies having 
information concerning such incidents shall report the information to 
the Secretary pursuant to such regulations as deemed necessary to carry 
out the provisions of this subsection. The repository shall also 
contain information on incidents voluntarily reported to the Secretary 
by State and local authorities.''.
            (b) There is authorized to be appropriated such sums as may 
        be necessary to carry out the provisions of this subsection.
    Sec. 655. Section 5(c)(1) of Public Law 102-259 (20 U.S.C. 
5603(c)(1)) is amended--
            (1) in subparagraph (A)(iii), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding after subparagraph (B) the following:
            ``(C) a Trustee may serve after the expiration of the 
        Trustee's term until a successor has been chosen.''.
    Sec. 656. Notwithstanding any other provision of law, the Secretary 
of the Interior, through the Bureau of Indian Affairs, may directly 
transfer to Indian tribes in North and South Dakota portable housing 
units at the Grand Forks Air Force base in North Dakota which have been 
declared excess by the Department of Defense and requested for transfer 
by the Department of the Interior.
    Sec. 657. Section 922(q) of title 18, United States Code, is 
amended to read as follows:
    ``(q)(1) The Congress finds and declares that--
            ``(A) crime, particularly crime involving drugs and guns, 
        is a pervasive, nationwide problem;
            ``(B) crime at the local level is exacerbated by the 
        interstate movement of drugs, guns, and criminal gangs;
            ``(C) firearms and ammunition move easily in interstate 
        commerce and have been found in increasing numbers in and 
        around schools, as documented in numerous hearings in both the 
        Committee on the Judiciary the House of Representatives and the 
        Committee on the Judiciary of the Senate;
            ``(D) in fact, even before the sale of a firearm, the gun, 
        its component parts, ammunition, and the raw materials from 
        which they are made have considerably moved in interstate 
        commerce;
            ``(E) while criminals freely move from State to State, 
        ordinary citizens and foreign visitors may fear to travel to or 
        through certain parts of the country due to concern about 
        violent crime and gun violence, and parents may decline to send 
        their children to school for the same reason;
            ``(F) the occurrence of violent crime in school zones has 
        resulted in a decline in the quality of education in our 
        country;
            ``(G) this decline in the quality of education has an 
        adverse impact on interstate commerce and the foreign commerce 
        of the United States;
            ``(H) States, localities, and school systems find it almost 
        impossible to handle gun-related crime by themselves--even 
        States, localities, and school systems that have made strong 
        efforts to prevent, detect, and punish gun-related crime find 
        their efforts unavailing due in part to the failure or 
        inability of other States or localities to take strong 
        measures; and
            ``(I) the Congress has the power, under the interstate 
        commerce clause and other provisions of the Constitution, to 
        enact measures to ensure the integrity and safety of the 
        Nation's schools by enactment of this subsection.
    ``(2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual knows, or 
has reasonable cause to believe, is a school zone.
    ``(B) Subparagraph (A) does not apply to the possession of a 
firearm--
            ``(i) on private property not part of school grounds;
            ``(ii) if the individual possessing the firearm is licensed 
        to do so by the State in which the school zone is located or a 
        political subdivision of the State, and the law of the State or 
        political subdivision requires that, before an individual 
        obtains such a license, the law enforcement authorities of the 
        State or political subdivision verify that the individual is 
        qualified under law to receive the license;
            ``(iii) that is--
                    ``(I) not loaded; and
                    ``(II) in a locked container, or a locked firearms 
                rack that is on a motor vehicle;
            ``(iv) by an individual for use in a program approved by a 
        school in the school zone;
            ``(v) by an individual in accordance with a contract 
        entered into between a school in the school zone and the 
        individual or an employer of the individual;
            ``(vi) by a law enforcement officer acting in his or her 
        official capacity; or
            ``(vii) that is unloaded and is possessed by an individual 
        while traversing school premises for the purpose of gaining 
        access to public or private lands open to hunting, if the entry 
        on school premises is authorized by school authorities.
    ``(3)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person, knowingly or with reckless disregard for the 
safety of another, to discharge or attempt to discharge a firearm that 
has moved in or that otherwise affects interstate or foreign commerce 
at a place that the person knows is a school zone.
    ``(B) Subparagraph (A) does not apply to the discharge of a 
firearm--
            ``(i) on private property not part of school grounds;
            ``(ii) as part of a program approved by a school in the 
        school zone, by an individual who is participating in the 
        program;
            ``(iii) by an individual in accordance with a contract 
        entered into between a school in a school zone and the 
        individual or an employer of the individual; or
            ``(iv) by a law enforcement officer acting in his or her 
        official capacity.
    ``(4) Nothing in this subsection shall be construed as preempting 
or preventing a State or local government from enacting a statute 
establishing gun free school zones as provided in this subsection.''.
    Sec. 658. (a) Definitions.--Section 921(a) of title 18, United 
States Code, is amended by adding at the end the following new 
paragraph:
            ``(33) The term `crime involving domestic violence' means a 
        felony or misdemeanor crime of violence, regardless of length, 
        term, or manner of punishment, committed by a current or former 
        spouse, parent, or guardian of the victim, by a person with 
        whom the victim shares a child in common, by a person who is 
        cohabiting with or has cohabited with the victim as a spouse, 
parent, or guardian, or by a person similarly situated to a spouse, 
parent, or guardian of the victim under the domestic or family violence 
laws of the jurisdiction in which such felony or misdemeanor was 
committed.''.
    (b) Unlawful Acts.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) by striking ``or'' at the end of paragraph (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; or''; and
                    (C) by inserting after paragraph (8) the following 
                new paragraph:
            ``(9) has been convicted in any court of any crime 
        involving domestic violence, if the individual has been 
        represented by counsel or knowingly and intelligently waived 
        the right to counsel.'';
            (2) in subsection (g)--
                    (A) by striking ``or'' at the end of paragraph (7);
                    (B) in paragraph (8), by striking the comma and 
                inserting ``; or''; and
                    (C) by inserting after paragraph (8) the following 
                new paragraph:
            ``(9) has been convicted in any court of any crime 
        involving domestic violence, if the individual has been 
        represented by counsel or knowingly and intelligently waived 
        the right to counsel,''; and
            (3) in subsection (s)(3)(B)(i), by inserting before the 
        semicolon the following: ``and has not been convicted in any 
        court of any crime involving domestic violence, if the 
        individual has been represented by counsel or knowingly and 
        intelligently waived the right to counsel''.
    (c) Rules and Regulations.--Section 926(a) of title 18, United 
States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) regulations providing for the effective receipt and 
        secure storage of firearms relinquished by or seized from 
        persons described in subsection (d)(9) or (g)(9) of section 
        922.''.

SEC. 659. THRIFT SAVINGS PLAN.

    Title I--Additional Investment Funds for the Thrift Savings Plan

                         sec. 101. short title

    This title may be cited as the ``Thrift Savings Investment Funds 
Act of 1996''.

   sec. 102. additional investment funds for the thrift savings plan

    Section 8438 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (5) through (8) as 
                paragraphs (6) through (9), respectively;
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) the term `International Stock Index Investment Fund' 
        means the International Stock Index Investment Fund established 
        under subsection (b)(1)(E);'';
                    (C) in paragraph (8) (as redesignated by 
                subparagraph (A) of this paragraph) by striking out 
                ``and'' at the end thereof;
                    (D) in paragraph (9) (as redesignated by 
                subparagraph (A) of this paragraph)--
                            (i) by striking out ``paragraph (7)(D)'' in 
                        each place it appears and inserting in each 
                        such place ``paragraph (8)(D)''; and
                            (ii) by striking out the period and 
                        inserting in lieu thereof a semicolon and 
                        ``and''; and
                    (E) by adding at the end thereof the following new 
                paragraph:
            ``(10) the term `Small Capitalization Stock Index 
        Investment Fund' means the Small Capitalization Stock Index 
        Investment Fund established under subsection (b)(1)(D).''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B) by striking out 
                        ``and'' at the end thereof;
                            (ii) in subparagraph (C) by striking out 
                        the period and inserting in lieu thereof a 
                        semicolon; and
                            (iii) by adding at the end thereof the 
                        following new subparagraphs:
                    ``(D) a Small Capitalization Stock Index Investment 
                Fund as provided in paragraph (3); and
                    ``(E) an International Stock Index Investment Fund 
                as provided in paragraph (4).''; and
                    (B) by adding at the end thereof the following new 
                paragraphs:
            ``(3)(A) The Board shall select an index which is a 
        commonly recognized index comprised of common stock the 
        aggregate market value of which represents the United States 
        equity markets excluding the common stocks included in the 
        Common Stock Index Investment Fund.
            ``(B) The Small Capitalization Stock Index Investment Fund 
        shall be invested in a portfolio designed to replicate the 
        performance of the index in subparagraph (A). The portfolio 
        shall be designed such that, to the extent practicable, the 
        percentage of the Small Capitalization Stock Index Investment 
        Fund that is invested in each stock is the same as the 
        percentage determined by dividing the aggregate market value of 
        all shares of that stock by the aggregate market value of all 
        shares of all stocks included in such index.
            ``(4)(A) The Board shall select an index which is a 
        commonly recognized index comprised of stock the aggregate 
        market value of which is a reasonably complete representation 
        of the international equity markets excluding the United States 
        equity markets.
            ``(B) The International Stock Index Investment Fund shall 
        be invested in a portfolio designed to replicate the 
        performance of the index in subparagraph (A). The portfolio 
        shall be designed such that, to the extent practicable, the 
        percentage of the International Stock Index Investment Fund 
        that is invested in each stock is the same as the percentage 
        determined by dividing the aggregate market value of all shares 
        of that stock by the aggregate market value of all shares of 
        all stocks included in such index.''.

              sec. 103. acknowledgement of investment risk

    Section 8439(d) of title 5, United States Code, is amended by 
striking out ``Each employee, Member, former employee, or former Member 
who elects to invest in the Common Stock Index Investment Fund or the 
Fixed Income Investment Fund described in paragraphs (1) and (3),'' and 
inserting in lieu thereof ``Each employee, Member, former employee, or 
former Member who elects to invest in the Common Stock Index Investment 
Fund, the Fixed Income Investment Fund, the International Stock Index 
Investment Fund, or the Small Capitalization Stock Index Investment 
Fund, defined in paragraphs (1), (3), (5), and (10),''.

                        sec. 104. effective date

    This title shall take effect on the date of enactment of this Act, 
and the Funds established under this title shall be offered for 
investment at the earliest practicable election period (described in 
section 8432(b) of title 5, United States Code) as determined by the 
Executive Director in regulations.

              Title II--Thrift Savings Accounts Liquidity

                         sec. 201. short title

    This title may be cited as the ``Thrift Savings Plan Act of 1996''.

  sec. 202. notice to spouses for in-service withdrawals; de minimus 
         accounts; civil service retirement system participants

    Section 8351(b) of title 5, United States Code, is amended--
            (1) in paragraph (5)--
                    (A) in subparagraph (B)--
                            (i) by striking out ``An election, change 
                        of election, or modification (relating to the 
                        commencement date of a deferred annuity)'' and 
                        inserting in lieu thereof ``An election or 
                        change of election'';
                            (ii) by inserting ``or withdrawal'' after 
                        ``and a loan'';
                            (iii) by inserting ``and (h)'' after 
                        ``8433(g)'';
                            (iv) by striking out ``the election, change 
                        of election, or modification'' and inserting in 
                        lieu thereof ``the election or change of 
                        election''; and
                            (v) by inserting ``or withdrawal'' after 
                        ``for such loan''; and
                    (B) in subparagraph (D)--
                            (i) by inserting ``or withdrawals'' after 
                        ``of loans''; and
                            (ii) by inserting ``or (h)'' after 
                        ``8433(g)''; and
            (2) in paragraph (6)--
                    (A) by striking out ``$3,500 or less'' and 
                inserting in lieu thereof ``less than an amount that 
                the Executive Director prescribes by regulation''; and
                    (B) by striking out ``unless the employee or Member 
                elects, at such time and otherwise in such manner as 
                the Executive Director prescribes, one of the options 
                available under subsection (b)''.

    sec. 203. in-service withdrawals; withdrawal elections, federal 
                employees retirement system participants

    (a) In General.--Section 8433 of title 5, United States Code, is 
amended--
            (1) by striking out subsections (b) and (c) and inserting 
        in lieu thereof the following:
    ``(b) Subject to section 8435 of this title, any employee or Member 
who separates from Government employment is entitled and may elect to 
withdraw from the Thrift Savings Fund the balance of the employee's or 
Member's account as--
            ``(1) an annuity;
            ``(2) a single payment;
            ``(3) 2 or more substantially equal payments to be made not 
        less frequently than annually; or
            ``(4) any combination of payments as provided under 
        paragraphs (1) through (3) as the Executive Director may 
        prescribe by regulation.
    ``(c)(1) In addition to the right provided under subsection (b) to 
withdraw the balance of the account, an employee or Member who 
separates from Government service and who has not made a withdrawal 
under subsection (h)(1)(A) may make one withdrawal of any amount as a 
single payment in accordance with subsection (b)(2) from the employee's 
or Member's account.
    ``(2) An employee or Member may request that the amount withdrawn 
from the Thrift Savings Fund in accordance with subsection (b)(2) be 
transferred to an eligible retirement plan.
    ``(3) The Executive Director shall make each transfer elected under 
paragraph (2) directly to an eligible retirement plan or plans (as 
defined in section 402(c)(8) of the Internal Revenue Code of 1986) 
identified by the employee, Member, former employee, or former Member 
for whom the transfer is made.
    ``(4) A transfer may not be made for an employee, Member, former 
employee, or former Member under paragraph (2) until the Executive 
Director receives from that individual the information required by the 
Executive Director specifically to identify the eligible retirement 
plan or plans to which the transfer is to be made.'';
            (2) in subsection (d)--
                    (A) in paragraph (1) by striking out ``Subject to 
                paragraph (3)(A)'' and inserting in lieu thereof 
                ``Subject to paragraph (3)'';
                    (B) by striking out paragraph (2) and redesignating 
                paragraph (3) as paragraph (2); and
                    (C) in paragraph (2) (as redesignated under 
                subparagraph (B) of this paragraph)--
                            (i) in subparagraph (A) by striking out 
                        ``(A)''; and
                            (ii) by striking out subparagraph (B);
            (3) in subsection (f)(1)--
                    (A) by striking out ``$3,500 or less'' and 
                inserting in lieu thereof ``less than an amount that 
                the Executive Director prescribes by regulation; and
                    (B) by striking out ``unless the employee or Member 
                elects, at such time and otherwise in such manner as 
                the Executive Director prescribes, one of the options 
                available under subsection (b), or'' and inserting a 
                comma;
            (4) in subsection (f)(2)--
                    (A) by striking out ``February 1'' and inserting in 
                lieu thereof ``April 1'';
                    (B) in subparagraph (A)--
                            (i) by striking out ``65'' and inserting in 
                        lieu thereof ``70\1/2\''; and
                            (ii) by inserting ``or'' after the 
                        semicolon;
                    (C) by striking out subparagraph (B); and
                    (D) by redesignating subparagraph (C) as 
                subparagraph (B);
            (5) in subsection (g)--
                    (A) in paragraph (1) by striking out ``after 
                December 31, 1987, and'', and by adding at the end of 
                the paragraph the following sentence: ``Before a loan 
                is issued, the Executive Director shall provide in 
                writing the employee or Member with appropriate 
                information concerning the cost of the loan relative to 
                other sources of financing, as well as the lifetime 
                cost of the loan, including the difference in interest 
                rates between the funds offered by the Thrift Savings 
                Fund, and any other effect of such loan on the 
                employee's or Member's final account balance.''; and
                    (B) by striking out paragraph (2) and redesignating 
                paragraphs (3) through (5) as paragraphs (2) through 
                (4), respectively; and
            (6) by adding after subsection (g) the following new 
        subsection:
    ``(h)(1) An employee or Member may apply, before separation, to the 
Board for permission to withdraw an amount from the employee's or 
Member's account based upon--
            ``(A) the employee or Member having attained age 59\1/2\; 
        or
            ``(B) financial hardship.
    ``(2) A withdrawal under paragraph (1)(A) shall be available to 
each eligible participant one time only.
    ``(3) A withdrawal under paragraph (1)(B) shall be available only 
for an amount not exceeding the value of that portion of such account 
which is attributable to contributions made by the employee or Member 
under section 8432(a) of this title.
    ``(4) Withdrawals under paragraph (1) shall be subject to such 
other conditions as the Executive Director may prescribe by regulation.
    ``(5) A withdrawal may not be made under this subsection unless the 
requirements of section 8435(e) of this title are satisfied.''.
    (b) Invalidity of Certain Prior Elections.--Any election made under 
section 8433(b)(2) of title 5, United States Code (as in effect before 
the effective date of this title), with respect to an annuity which has 
not commenced before the implementation date of this title as provided 
by regulation by the Executive Director in accordance with section 207 
of this title, shall be invalid.

  sec. 204. survivor annuities for former spouses; notice to federal 
     employees retirement system spouses for in-service withdrawals

    Section 8435 of title 5, United States Code, is amended--
            (1) in subsection (a)(1)(A)--
                    (A) by striking out ``may make an election under 
                subsection (b)(3) or (b)(4) of section 8433 of this 
                title or change an election previously made under 
                subsection (b)(1) or (b)(2) of such section'' and 
                inserting in lien thereof ``may withdraw all or part of 
                a Thrift Savings Fund account under subsection (b) (2), 
                (3), or (4) of section 8433 of this title or change a 
                withdrawal election''; and
                    (B) by adding at the end thereof ``A married 
                employee or Member (or former employee or Member) may 
                make a withdrawal from a Thrift Savings Fund account 
                under subsection (c)(1) of section 8433 of this title 
                only if the employee or Member (or former employee or 
                Member) satisfies the requirements of subparagraph 
                (B).'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking out ``An election, change 
                        of election, or modification of the 
                        commencement date of a deferred annuity'' and 
                        inserting in lieu thereof ``An election or 
                        change of election''; and
                            (ii) by striking out ``modification, or 
                        transfer'' and inserting in lieu thereof ``or 
                        transfer''; and
                    (B) in paragraph (2) in the matter following 
                subparagraph (B)(ii) by striking out ``modification,'';
            (3) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``or withdrawal'' 
                                after ``A loan'';
                                    (II) by inserting ``and (h)'' after 
                                ``8433(g)''; and
                                    (III) by inserting ``or 
                                withdrawal'' after ``such loan'';
                            (ii) in subparagraph (B) by inserting ``or 
                        withdrawal'' after ``loan''; and
                            (iii) in subparagraph (C)--
                                    (I) by inserting ``or withdrawal'' 
                                after ``to a loan''; and
                                    (II) by inserting ``or withdrawal'' 
                                after ``for such loan''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``or withdrawal'' after 
                        ``loan''; and
                            (ii) by inserting ``and (h)'' after 
                        ``8344(g)''; and
            (4) in subsection (g)--
                    (A) by inserting ``or withdrawals'' after 
                ``loans''; and
                    (B) by inserting ``and (h)'' after ``8344(g)''.

        sec. 205. de minimus accounts relating to the judiciary

    (a) Justices and Judges.--Section 8440a(b)(7) of title 5, United 
States Code, is amended--
            (1) by striking out ``$3,500 or less'' and inserting in 
        lieu thereof ``less than an amount that the Executive Director 
        prescribes by regulation''; and
            (2) by striking out ``unless the justice or judge elects, 
        at such time and otherwise in such manner as the Executive 
        Director prescribes, one of the options available under section 
        8433(b)''.
    (b) Bankruptcy Judges and Magistrates.--Section 8440b(b) of title 
5, United States Code, is amended--
            (1) in paragraph (7) in the first sentence by inserting 
        ``of the distribution'' after ``equal to the amount''; and
            (2) in paragraph (8)--
                    (A) by striking out ``$3,500 or less'' and 
                inserting in lieu thereof ``less than an amount that 
                the Executive Director prescribes by regulation''; and
                    (B) by striking out ``unless the bankruptcy judge 
                or magistrate elects, at such time and otherwise in 
                such manner as the Executive Director prescribes, one 
                of the options available under subsection (b)''.
    (c) Federal Claims Judges.--Section 8440c(b) of title 5, United 
States Code, is amended--
            (1) in paragraph (7) in the first sentence by inserting 
        ``of the distribution'' after ``equal to the amount''; and
            (2) in paragraph (8)--
                    (A) by striking out ``$3,500 or less'' and 
                inserting in lieu thereof ``less than an amount that 
                the Executive Director prescribes by regulation''; and
                    (B) by striking out ``unless the judge elects, at 
                such time and otherwise in such manner as the Executive 
                Director prescribes, one of the options available under 
                section 8433(b)''.

                   sec. 206. definition of basic pay

    (a) In General.--(1) Section 8401(4) of title 5, United States 
Code, is amended by striking out ``except as provided in subchapter III 
of this chapter,''.
    (2) Section 8431 of title 5, United States Code, is repealed.
    (b) Technical and Conforming Amendments.--(1) The table of sections 
for chapter 84 of title 5, United States Code, is amended by striking 
out the item relating to section 8431.
    (2) Section 5545a(h)(2)(A) of title 5, United States Code, is 
amended by striking out ``8431,''.
    (3) Section 615(f) of the Treasury, Postal Service, and General 
Government Appropriations Act, 1996 (Public Law 104-52; 109 Stat. 500; 
5 U.S.C. 5343 note) is amended by striking out ``section 8431 of title 
5, United States Code,''.

                        sec. 207. effective date

    This title shall take effect on the date of the enactment of this 
Act and withdrawals and elections as provided under the amendments made 
by this title shall be made at the earliest practicable date as 
determined by the Executive Director in regulations.
    Sec. 632. (a) The United States Courthouse under construction at 
1030 Southwest 3d Avenue in Portland, Oregon, shall be known and 
designated as the ``Mark O. Hatfield United States Courthouse''.
    (b) Any reference in a law, map, regulation, document, paper, or 
other record of the United States to the courthouse referred to in 
section 901 shall be deemed to be a reference to the ``Mark O. Hatfield 
United States Courthouse''.
    (c) This section shall take effect on January 2, 1997.
    Sec. 660. Notwithstanding Section 613, interagency financing is 
authorized to carry out the purposes of the National Bioethics Advisory 
Commission.
    Sec. 661. (a) Designation.--The United States courthouse to be 
constructed at a site on 18th Street between Dodge and Douglas Streets 
in Omaha, Nebraska, shall be know and designated as the ``Roman L. 
Hruska United States Courthouse''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the United States 
courthouse referred to in section 1 shall be deemed to be a reference 
to the ``Roman L. Hruska United States Courthouse''.

         TITLE VII--COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

    For an additional amount for the necessary expenses of the Office 
of Foreign Assets Control, $288,000: Provided, That of the amount 
provided, $288,000 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.

                Bureau of Alcohol, Tobacco and Firearms

                         salaries and expenses

    For an additional amount for the necessary expenses of the Bureau 
of Alcohol, Tobacco and Firearms, $37,550,000; of which $3,500,000 
shall be available for the construction and expansion of a canine 
training facility, to remain available until expended; of which 
$3,000,000 shall be available for conducting a study of car bomb 
explosives, to remain available until expended: Provided, That of the 
amount provided, $37,550,000 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.

                     United States Customs Service

                         salaries and expenses

    For an additional amount for the necessary expenses of the United 
States Customs Service, $40,000,000; of which not to exceed $26,400,000 
shall be available until expended for funding non-competitive 
cooperative agreements with air carriers, airports, or other cargo 
authorities, which provide for the Customs Service to purchase and 
assist in installing advanced air cargo inspection equipment for the 
joint use of such entities and the United States Customs Service: 
Provided, That of the amount provided, $40,000,000 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.

                  FUNDS APPROPRIATED TO THE PRESIDENT

                     Federal Drug Control Programs

                        special forfeiture fund

                     (including transfer of funds)

    For activities authorized by Public Law 100-690, as amended, 
$82,000,000, of which $42,000,000 shall be transferred to the United 
States Customs Service for the purchase and restoration of aircraft for 
the air interdiction program; of which $10,000,000 shall be available 
for transfer to other Federal agencies for methamphetamine reduction 
efforts; and of which $30,000,000 shall be available to the Director of 
the Office of National Drug Control Policy for enhancing other drug 
control activities, including transfer to other Federal agencies: 
Provided, That of the amount provided, $82,000,000 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 to become available only upon receipt by the 
Congress of a supplemental request from the President requesting such 
designation.
    This Act may be cited as the ``Treasury, Postal Service, and 
General Government Appropriations Act, 1997''.
    (g) For additional amounts in fiscal year 1996 for programs, 
projects, or activities relating to force protection, anti-terrorism, 
and security enhancement activities, provided as follows:

                         DEPARTMENT OF DEFENSE

                            management funds

                        emergency response fund

                    (including rescissions of funds)

    For an additional amount for the ``Emergency Response Fund'', 
$130,000,000: Provided, That these funds may be used to reimburse other 
appropriations of the Department of Defense for expenses incurred by 
the Department of Defense in connection with force protection actions 
in Southwest Asia: Provided further, That these funds may be used to 
liquidate obligations incurred by the Department of Defense during 
fiscal year 1996 for costs incurred under the authority of the Feed and 
Forage Act (41 U.S.C., subsection 11): Provided further, That the 
entire amount under this heading is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That of 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'', $2,606,000;
            ``Aircraft Procurement, Navy, 1994/1996'', $11,003,000;
            ``Weapons Procurement, Navy, 1994/1996'', $11,141,000;
            ``Other Procurement, Navy, 1994/1996'', $4,000,000;
            ``Research, Development, Test and Evaluation, Navy, 1995/
        1996'', $7,421,000;
            ``Aircraft Procurement, Air Force, 1994/1996'', 
        $20,050,000;
            ``Missile Procurement, Air Force, 1994/1996'', $11,002,000;
            ``Other Procurement, Air Force, 1994/1996'', $14,769,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        1995/1996'', $6,237,000;
            ``Procurement, Defense-Wide, 1994/1996'', $10,210,000; and
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        1995/1996'', $24,561,000.

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$4,800,000: Provided, That of the amount provided, $4,800,000 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.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$4,000,000: Provided, That of the amount provided, $4,000,000 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.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$36,449,000, to remain available until September 30, 1997: Provided, 
That of the amount provided, $36,449,000 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.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$23,956,000, to remain available until September 30, 1997: Provided, 
That of the amount provided, $23,956,000 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.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $600,000, to remain available until September 30, 1997: 
Provided, That of the amount provided, $600,000 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.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $78,150,000, to remain available until September 30, 1997: 
Provided, That of the amount provided, $78,150,000 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.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $29,534,000, to remain available until September 30, 1997: 
Provided, That of the amount provided, $29,534,000 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.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $517,000, to remain available until September 30, 1997: 
Provided, That of the amount provided, $517,000 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.

                              PROCUREMENT

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$16,852,000, to remain available until September 30, 1998: Provided, 
That of the amount provided, $16,852,000 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.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$115,072,000, to remain available until September 30, 1998: Provided, 
That of the amount provided, $115,072,000 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.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$35,350,000, to remain available until September 30, 1998: Provided, 
That of the amount provided, $35,350,000 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.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $8,000,000, to remain available until 
September 30, 1997: Provided, That of the amount provided, $8,000,000 
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.

                           GENERAL PROVISIONS

    Funds appropriated in this subsection, or made available by 
transfer of such funds, for programs or activities of the Central 
Intelligence Agency shall remain available until September 30, 1997: 
Provided, That funds appropriated in this subsection, 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).
    Funds appropriated in this subsection may be used to liquidate 
obligations incurred by the Department of Defense during fiscal year 
1996 for costs incurred under the authority of the Feed and Forage Act 
(41 U.S.C., subsection 11).
    (h) For additional amounts in fiscal year 1996 for programs, 
projects, or activities relating to emergency supplemental costs 
arising from Hurricanes Fran and Hortense and other disasters, provided 
as follows:

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service

               watershed and flood prevention operations

    For an additional amount to repair damages to the waterways and 
watersheds resulting from the effects of Hurricanes Fran and Hortense 
and other disasters, $65,000,000, 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.

                          Farm Service Agency

                     emergency conservation program

    For an additional amount for emergency expenses resulting from the 
effects of Hurricanes Fran and Hortense and other disasters, 
$30,000,000, 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.

                         Rural Housing Service

                 very low-income housing repair grants

    For an additional amount for ``Very Low-Income Housing Repair 
Grants'' to make housing repairs under section 504 of the Housing Act 
of 1949 required by damages resulting from Hurricane Fran and other 
natural disasters of 1996, $10,000,000, to remain available until 
expended.

                        Rural Utilities Service

                   rural utilities assistance program

    For an additional amount for the ``Rural Utilities Assistance 
Program'' for emergency community water assistance grants as authorized 
by section 306A of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1926a), to assist in the recovery from Hurricane Fran and other 
natural disasters of 1996, $5,000,000, to remain available until 
expended.

                          Farm Service Agency

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For additional gross obligations for the principal amount of direct 
and guaranteed loans as authorized by sections 308 and 309 of the Farm 
and Rural Development Act (7 U.S.C. 1928 and 1929), to be available 
from funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $100,000,000 for subsidized guaranteed loans; and 
operating loans, $66,000,000 for subsidized guaranteed loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $16,700,000 for 
subsidized guaranteed loans; and operating loans, $6,200,000, for 
subsidized guaranteed loans.

                         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, $75,000,000, to remain available 
until expended: Provided, That the entire amount of this appropriation 
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 by the President to Congress: Provided further, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of such Act.

                             RELATED AGENCY

                     Small Business Administration

                     disaster loans program account

    For an additional amount for ``Disaster Loans Program Account'' for 
emergency expenses resulting from Hurricane Fran and other natural 
disasters of 1996, $180,000,000 for the cost of direct loans and 
$20,000,000 for administrative expenses to carry out the disaster loan 
program, to remain available until expended: Provided, That this amount 
is 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.

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                   operation and maintenance, general

    For an additional amount for emergency expenses to repair damages 
resulting from Hurricane Fran and other disasters, $175,000,000, to 
remain available until expended: Provided, That such amount is 
designated by Congress as an emergency requiremment pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' for emergency expenses resulting from Hurricane Fran and 
other natural disasters of 1996, $15,000,000, to remain available until 
expended.

                      emergency beach restoration

    The Secretary of the Army shall perform emergency restoration of 
the beaches and dunes on Topsail Island and Kure Beach, North Carolina, 
to restore the beaches and dunes to their condition as of September 1, 
1996.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

                         flexible subsidy fund

    For emergency assistance to owners of eligible multifamily housing 
projects damaged by Hurricanes Fran and Hortense that are either 
insured or formerly insured under the National Housing Act, as amended, 
or otherwise eligible for assistance under section 201(c) of the 
Housing and Community Development Amendments of 1978, as amended (12 
U.S.C. 171z-1a), in the program of assistance for troubled multifamily 
housing projects under the Housing and Community Development Amendments 
of 1978, as amended, $10,000,000, to remain available until September 
10, 1997: Provided, That assistance to an owner of a multifamily 
housing project assisted, but not insured under the National Housing 
Act, may be made if the project owner and the mortgagee have provided 
or agreed to provide assistance to the project in a manner as 
determined by the Secretary of Housing and Urban Development: Provided 
further, That assistance is for the repair of damage or the recovery of 
losses directly attributable to such hurricane: Provided further, That 
in administering these funds, the Secretary may waive, or specify 
alternative requirements for, any provision of any statute or 
regulation that the Secretary administers in connection with the 
obligation by the Secretary or any use by the recipient of these funds, 
except for statutory requirements relating to civil rights, fair 
housing and nondiscrimination, the environment, and labor standards, 
upon finding that such waiver is required to facilitate the obligation 
and use of such funds, and would not be inconsistent with the overall 
purpose of the statute or regulation: Provided further, That after 
assisting economically viable FHA insured projects, to the extent funds 
remain available the Secretary may provide assistance to economically 
viable projects assisted under section 8 of the United States Housing 
Act of 1937 but not insured under the National Housing Act: Provided 
further, That the entire 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 of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to Congress: Provided further, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                   Community Planning and Development

                      community development grants

    For an additional amount for ``Community Development Grants,'' 
$100,000,000 to remain available until September 30, 1999, for 
emergency expenses resulting from Hurricanes Fran and Hortense: 
Provided, That in administering these amounts, the Secretary may waive, 
or specify alternative requirements for, any provision of any statute 
or regulation that the Secretary administers in connection with the 
obligation by the Secretary or the use by the recipient of these funds, 
except for statutory requirements related to civil rights, fair housing 
and nondiscrimination, the environment, and labor standards, upon a 
finding that such waiver is required to facilitate the use of such 
funds, and would not be inconsistent with the overall purpose of the 
statute: Provided further, That the entire 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 of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to Congress: Provided further, That the entire amount 
is designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

              section 8 voucher and certificate reissuance

    To the extent necessary to assist victims living in Presidentially 
declared disaster areas, public housing agencies are authorized to use 
immediately any turnover rental vouchers and certificates available, 
notwithstanding the section 403(c) of the Balanced Budget Downpayment 
Act, I (Public Law 104-99).

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration

                          federal-aid highways

                          (highway trust fund)

    For an additional amount for ``Emergency Relief Program'' for 
emergency expenses resulting from Hurricanes Fran and Hortense and for 
other disasters, as authorized by 23 U.S.C. 125, $82,000,000, to be 
derived from the Highway Trust Fund and 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.

                           INDEPENDENT AGENCY

                  Federal Emergency Management Agency

     extension of national flood insurance act borrowing authority

    Section 1309(a)(2) of the National Flood Insurance Act, 42 U.S.C. 
4016(a)(2), is amended by striking ``$1,000,000,000'' and inserting 
``$1,500,000,000 through September 30, 1997, and $1,000,000,000 
thereafter.''

                       APPLICATION OF SUBSECTION

                       limitation on availability

    Each amount provided in this subsection shall be available only to 
the extent of a specific dollar amount for such program or activity 
that is included in an official budget request submitted by the 
President to the Congress and that is designated as an emergency 
requirement for all purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     waiver of certain restrictions

    In administering funds provided in this subsection, the head of the 
department or agency involved may waive (or specify an alternative 
requirement for) any provision of any statute or regulation that the 
department or agency administers in connection with the obligation by 
the department or agency (or the use by any recipient) of such funds, 
upon a finding that such waiver or alternative requirement is necessary 
to facilitate the obligation and use of such funds and will not be 
inconsistent with the overall purpose of the statute or regulation.
    The preceding paragraph shall not apply to any requirement relating 
to civil rights, fair housing and nondiscrimination, the environment, 
or labor standards.

                   transfer of funds between accounts

    In administering funds provided in this subsection, the head of the 
department or agency involved may transfer from one account specified 
in this subsection to another account specified in this subsection such 
sums as the head determines are not necessary to carry out the purpose 
for which the sums are appropriated under this subsection. Any sums so 
transferred to an account shall be available for the same purposes as 
the funds appropriated to that account under this subsection.
    (i) For additional amounts in fiscal year 1997 for programs, 
projects, or activities relating to anti-terrorism and security 
enhancement activities, provided as follows:

                          DEPARTMENT OF ENERGY

                    atomic energy devense activities

                        other defense activities

    For an additional amount of fiscal year 1997 for terrorism 
activities, $8,000,000, 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.

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

    For additional operating expenses of the Federal Aviation 
Administration for airport security activities, $32,400,000, to be 
derived from the Airport and Airway Trust Fund and to remain available 
until September 30, 1998: Provided, That of the funds provided, 
$8,900,000 shall be for establishment of additional explosive detection 
K-9 teams at airports; $5,500,000 shall be for airport vulnerability 
assessments; and $18,000,000 shall be for the hire of additional 
aviation security personnel: Provided further, That such amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                        facilities and equipment

                    (airport and airway trust fund)

    For additional necessary expenses for ``Facilities and Equipment'', 
$144,200,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 1999: Provided, That the funds 
provided shall only be for non-competitive contracts or cooperative 
agreements with air carriers and airport authorities, which provide for 
the Federal Aviation Administration to purchase and assist in 
installation of advanced security equipment for the use of such 
entities: Provided further, That such amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                 research, engineering, and development

                    (airport and airway trust fund)

    For an additional amount for ``Research, Engineering, and 
Development'', $21,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until September 30, 1999: Provided, 
That the funds provided shall only be for aviation security research 
and operational testing of document trace scanners and explosive 
detection portals for airport passengers: Provided further, That such 
amount is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

              Research and Special Programs Administration

                     research and special programs

    For expenses necessary for ``Research and Special Programs'' to 
conduct vulnerability and threat assessments of the nation's 
transportation system, $3,000,000, to remain available until September 
30, 1999: 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

                  National Transportation Safety Board

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $6,000,000, 
to reimburse other federal agencies for previously incurred costs of 
recovering wreckage from TWA flight 800, and for other costs related to 
the TWA 800 accident investigation: 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.

                             emergency fund

    For necessary expenses of the National Transportation Safety Board 
for accident investigations, including hire of passenger motor vehicles 
and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate for 
a GS-18; uniforms, or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902), $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.
    (j) For additional amounts in 1997 for programs, projects, or 
activities, provided as follows:

                          DISTRICT OF COLUMBIA

                federal payment for education facilities

                improvement in the district of columbia

    For a Federal contribution to the District of Columbia Financial 
Responsibility and Management Assistance Authority (referred to in this 
heading as the ``Authority'') for contracting with a private entity (or 
entities) to carry out a program of school facility repair of public 
schools and public charter schools located in public school facilities 
in the District of Columbia, in consultation with the General Services 
Administration, $40,000,000, to remain available until expended: 
Provided, That an additional amount estimated to be $40,700,000 shall 
be available to the Authority for contracting as provided under this 
heading to be derived from reallocations as follows: (1) funds made 
available under the heading ``PUBLIC EDUCATION SYSTEM'' in Public Law 
104-194 for school repairs in a restricted line item; (2) all capital 
financing authority made available for public school capital 
improvements in Public Law 104-194; and (3) all capital financing 
authority made available for public school capital improvements which 
are or remain available from Public Law 104-134 or any previous 
appropriations Act for the District of Columbia: Provided further, That 
the General Services Administration, in consultation with the District 
of Columbia Public Schools and the District of Columbia Council and 
subject to the approval of the Authority and the Committees on 
Appropriations of the Senate and the House of Representatives, shall 
provide program management services to assist in the short-term 
management of the repairs and capital improvements: Provided further, 
That contracting authorized under this heading shall be conducted in 
accordance with Federal procurement rules and regulations and 
guidelines or such guidelines as prescribed by the Authority.

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                       grants-in-aid for airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

    Of the available contract authority balances under this heading, 
$50,000,000 are rescinded.

                     Federal Highway Administration

                     highway-related safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

    Of the available contract authority balances under this heading, 
$9,100,000 are rescinded.

                      motor carrier safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

    Of the available contract authority balances under this heading, 
$12,300,000 are rescinded.

             National Highway Traffic Safety Administration

                     highway traffic safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

    Of the available contract authority balances under this heading, 
$11,800,000 are rescinded.

              transfer of funds to official mail accounts.

    Sec. 102. (a) Each Member of the Senate may, subject to the 
approval of the Committee on Rules and Administration of the Senate, 
during the fiscal year ending September 30, 1997, at his or her 
election, transfer sums from the Senator's Official Personnel and 
Office Expense Account, within the contingent fund of the Senate, to 
the Member's Official Mail Allowance allocated to such Member by the 
Senate Committee on Rules and Administration from the Senator Official 
Mail Costs Account, within the contingent fund of the Senate.
    (b) Any transfer of funds under the authority of this section shall 
be for the sole purpose of mailing town meeting notices and shall be 
made at such time or times as such Member shall specify in writing to 
the Financial Clerk of the Senate.
    (c) A Member may not request a transfer of funds under authority of 
this section unless the Member has used 50 percent of that Member's 
official mail allocation for fiscal year 1997 for the purpose of 
mailing town meeting notices. The total amount transferred by a Member 
during the fiscal year shall not exceed that Member's official mail 
allocation for the fiscal year.
    (d) The Committee on Rules and Administration shall prescribe 
regulations to carry out the provisions of this section.
    Sec. 103. Of the funds appropriated under the heading, ``ARCHITECT 
OF THE CAPITOL'', ``Capitol Buildings and Grounds'', ``Senate office 
buildings'' in Public Law 104-53, $650,000 shall remain available until 
September 30, 1997 for furniture, furnishings, and equipment for the 
Senate employees' child care center.
    Sec. 104. In fiscal year 1997 and thereafter, the Administrator of 
the Federal Aviation Administration may establish at individual 
airports such consortia of government and aviation industry 
representatives as the Administrator may designate to provide advice on 
matters related to aviation security and safety: Provided, That such 
consortia shall not be considered Federal advisory committees.
    Sec. 105. Of the funds deducted under 23 U.S.C. subsection 104(a) 
for fiscal year 1997, $30,000,000 shall be available for allocation to 
States authorized by section 1069(y) of Public Law 102-240.
    Sec. 106. Notwithstanding any other provision of law, $58,680,000, 
for direct loans not to exceed $400,000,000 consistent with the 
purposes of section 505 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 825) as in effect on September 30, 1988, 
to the Alameda Corridor Transportation Authority to continue the 
Alameda Corridor Project, including replacement of at-grade rail lines 
with a below-grade corridor and widening of the adjacent major highway: 
Provided, That loans not to exceed the following amounts shall be made 
on or after the first day of the fiscal year indicated:

Fiscal year 1997.....................................     $140,000,000 
Fiscal year 1998.....................................     $140,000,000 
Fiscal year 1999.....................................     $120,000,000:
Provided further, That any loan authorized under this section shall be 
structured with a maximum 30-year repayment after completion of 
construction at an annual interest rate of not to exceed the 30-year 
United States Treasury rate and on such terms and conditions as deemed 
appropriate by the Secretary of Transportation: Provided further, That 
specific provisions of section 505 (a), (b) and (d) through (h) shall 
not apply: Provided further, That the Alameda Corridor Transportation 
Authority shall be deemed to be a financially responsible person for 
purposes of section 505 of the Act.
    Sec. 107. Notwithstanding any other provision of law, an additional 
$22,500,000 is hereby made available to the Secretary of Transportation 
for grants for operating losses and related expenses under 49 U.S.C. 
24104 and an additional $60,000,000 is hereby made available for 
expenses under 45 U.S.C. 24909: Provided, That amounts made available 
under this section shall be available under the same terms and 
conditions as funds similarly made available under the Department of 
Transportation and Related Agencies Appropriations Act, 1997.
    Sec. 108. In cases where an emergency ocean condition causes 
erosion of a bank protecting a scenic highway or byway, fiscal year 
1996 or fiscal year 1997 Federal Highway Administration Emergency 
Relief funds can be used to halt the erosion and stabilize the bank if 
such action is necessary to protect the highway from imminent failure 
and is less expensive than highway relocation.
    Sec. 109. There is hereby established on the books of the Treasury 
an account, ``Support for International Sporting Competitions and other 
Special Activities, Defense'' (hereinafter referred to in this section 
as the ``Account'') to be available until expended for logistical and 
security support for international sporting competitions and other 
special events of national and international significance (other than 
pay and non-travel-related allowances of members of the Armed Forces of 
the United States, except for members of the reserve components thereof 
called or ordered to active duty in connection with providing such 
support): Provided, That there shall be credited to the Account: (a) 
unobligated balances of the funds appropriated in Public Laws 103-335 
and 104-61 under the headings ``Summer Olympics''; (b) any 
reimbursements received by the Department of Defense in connection with 
support to the 1993 World University Games; the 1994 World Cup Games; 
and the 1996 Games of the XXVI Olympiad held in Atlanta Georgia; (c) 
any reimbursements received by the Department of Defense after the date 
of enactment of this Act for logistical and security support provided 
to international sporting competitions and other special events of 
national and international significance and (d) amounts specifically 
appropriated to the Account, all to remain available until expended.
    Sec. 110. (a) Section 501(b) of the National Defense Authorization 
Act for Fiscal Year 1997 is amended by striking out ``upon the 
occurrence'' and all that follows through the period and inserting in 
lieu thereof the following: ``on the date of the enactment of this Act 
and apply to any officer serving in the Office of Naval Research as 
Chief of Naval Research on or after that date.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the provisions of the National Defense 
Authorization Act for Fiscal Year 1997, to which such amendment 
relates.

           TITLE II--OREGON RESOURCE CONSERVATION ACT OF 1996

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Resource Conservation Act of 
1996''.

       TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Opal Creek Wilderness and Opal 
Creek Scenic Recreation Area Act of 1996''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Bull of the woods wilderness.--The term ``Bull of the 
        Woods Wilderness'' means the land designated as wilderness by 
        section 3(4) of the Oregon Wilderness Act of 1984 (Public Law 
        98-328; 16 U.S.C. 1132 note).
            (2) Opal creek wilderness.--The term ``Opal Creek 
        Wilderness'' means certain land in the Willamette National 
        Forest in the State of Oregon comprising approximately 12,800 
        acres, as generally depicted on the map entitled ``Proposed 
        Opal Creek Wilderness and Scenic Recreation Area'', dated July 
        1996.
            (3) Scenic recreation area.--The term ``Scenic Recreation 
        Area'' means the Opal Creek Scenic Recreation Area, comprising 
        approximately 13,000 acres, as generally depicted on the map 
        entitled ``Proposed Opal Creek Wilderness and Scenic Recreation 
        Area'', dated July 1996 and established under section 104(a)(3) 
        of this title.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 103. PURPOSES.

    The purposes of this title are:
            (1) to establish a wilderness and scenic recreation area to 
        protect and provide for the enhancement of the natural, scenic, 
        recreational, historic, and cultural resources of the area in 
        the vicinity of Opal Creek;
            (2) to protect and support the economy of the communities 
        in the Santiam Canyon; and
            (3) to provide increased protection for an important 
        drinking water source for communities served by the North 
        Santiam River.

SEC. 104. ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC RECREATION 
              AREA.

    (a) Establishment.--On a determination by the Secretary under 
subsection (b)--
            (1) the Opal Creek Wilderness, as depicted on the map 
        described in section 102(2), is hereby designated as 
        wilderness, subject to the provisions of the Wilderness Act of 
        1964, shall become a component of the National Wilderness 
        System, and shall be known as the Opal Creek Wilderness;
            (2) the part of the Bull of the Woods Wilderness that is 
        located in the Willamette National Forest shall be incorporated 
        into the Opal Creek Wilderness; and
            (3) the Secretary shall establish the Opal Creek Scenic 
        Recreation Area in the Willamette National Forest in the State 
        of Oregon, comprising approximately 13,000 acres, as generally 
        depicted on the map described in section 102(3).
    (b) Conditions.--The designations in subsection (a) shall not take 
effect unless the Secretary makes a determination, not later than 2 
years after the date of enactment of this title, that the following 
conditions have been met:
            (1) the following have been donated to the United States in 
        an acceptable condition and without encumbrances--
                    (A) all right, title, and interest in the following 
                patented parcels of land--
                            (i) Santiam number 1, mineral survey number 
                        992, as described in patent number 39-92-0002, 
                        dated December 11, 1991;
                            (ii) Ruth Quartz Mine number 2, mineral 
                        survey number 994, as described in patent 
                        number 39-91-0012, dated February 12, 1991;
                            (iii) Morning Star Lode, mineral survey 
                        number 993, as described in patent number 36-
                        91-0011, dated February 12, 1991;
                    (B) all right, title, and interest held by any 
                entity other than the Times Mirror Land and Timber 
                Company, its successors and assigns, in and to lands 
                located in section 18, township 8 south, range 5 east, 
                Marion County, Oregon, Eureka numbers 6, 7, 8, and 13 
                mining claims; and
                    (C) an easement across the Hewitt, Starvation, and 
                Poor Boy Mill Sites, mineral survey number 990, as 
                described in patent number 36-91-0017, dated May 9, 
                1991. In the sole discretion of the Secretary, such 
                easement may be limited to administrative use if an 
                alternative access route, adequate and appropriate for 
                public use, is provided.
            (2) a binding agreement has been executed by the Secretary 
        and the owners of record as of March 29, 1996, of the following 
        interests, specifying the terms and conditions for the 
        disposition of such interests to the United States Government--
                    (A) the lode mining claims known as Princess Lode, 
                Black Prince Lode, and King number 4 Lode, embracing 
                portions of sections 29 and 32, township 8 south, range 
                5 east, Willamette Meridian, Marion County, Oregon, the 
                claims being more particularly described in the field 
                notes and depicted on the plat of mineral survey number 
                887, Oregon; and
                    (B) Ruth Quartz Mine number 1, mineral survey 
                number 994, as described in patent number 39-91-0012, 
                dated February 12, 1991.
    (c) Additions to the Wilderness and Scenic Recreation Areas.--
            (1) Lands or interests in lands conveyed to the United 
        States under this section shall be included in and become part 
        of, as appropriate, Opal Creek Wilderness or the Opal Creek 
        Scenic Recreation Area.
            (2) On acquiring all or substantially all of the land 
        located in section 36, township 8 south, range 4 east, of the 
        Willamette Meridian, Marion County, Oregon, commonly known as 
        the Rosboro section, by exchange, purchase from a willing 
        seller, or by donation, the Secretary shall expand the boundary 
        of the Scenic Recreation Area to include such land.
            (3) On acquiring all or substantially all of the land 
        located in section 18, township 8 south, range 5 east, Marion 
        County, Oregon, commonly known as the Times Mirror property, by 
        exchange, purchase from a willing seller, or by donation, such 
        land shall be included in and become a part of the Opal Creek 
        Wilderness.

SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA.

    (a) In General.--The Secretary shall administer the Scenic 
Recreation Area in accordance with this title and the laws (including 
regulations) applicable to the National Forest System.
    (b) Opal Creek Management Plan.--
            (1) In general.--Not later than 2 years after the date of 
        establishment of the Scenic Recreation Area, the Secretary, in 
        consultation with the advisory committee established under 
        section 106(a), shall prepare a comprehensive Opal Creek 
        Management Plan (Management Plan) for the Scenic Recreation 
        Area.
            (2) Incorporation in land and resource management plan.--
        Upon its completion, the Opal Creek Management Plan shall 
        become part of the land and resource management plan for the 
        Willamette National Forest and supersede any conflicting 
        provision in such land and resource management plan. Nothing in 
        this paragraph shall be construed to supersede the requirements 
        of the Endangered Species Act or the National Forest Management 
        Act or regulations promulgated under those Acts, or any other 
        law.
            (3) Requirements.--The Opal Creek Management Plan shall 
        provide for a broad range of land uses, including--
                    (A) recreation;
                    (B) harvesting of nontraditional forest products, 
                such as gathering mushrooms and material to make 
                baskets; and
                    (C) educational and research opportunities.
            (4) Plan amendments.--The Secretary may amend the Opal 
        Creek Management Plan as the Secretary may determine to be 
        necessary, consistent with the procedures and purposes of this 
        title.
    (c) Recreation.--
            (1) Recognition.--Congress recognizes recreation as an 
        appropriate use of the Scenic Recreation Area.
            (2) Minimum levels.--The management plan shall permit 
        recreation activities at not less than the levels in existence 
        on the date of enactment of this title.
            (3) Higher levels.--The management plan may provide for 
        levels of recreation use higher than the levels in existence on 
        the date of enactment of this title if such uses are consistent 
        with the protection of the resource values of Scenic Recreation 
        Area.
            (4) The management plan may include public trail access 
        through section 28, township 8 south, range 5 east, Willamette 
        Meridian, to Battle Axe Creek, Opal Pool and other areas in the 
        Opal Creek Wilderness and the Opal Creek Scenic Recreation 
        Area.
    (d) Transportation Planning.--
            (1) In general.--Except as provided in this subparagraph, 
        motorized vehicles shall not be permitted in the Scenic 
        Recreation Area. To maintain reasonable motorized and other 
        access to recreation sites and facilities in existence on the 
        date of enactment of this title, the Secretary shall prepare a 
        transportation plan for the Scenic Recreation Area that:
                    (A) evaluates the road network within the Scenic 
                Recreation Area to determine which roads should be 
                retained and which roads should be closed;
                    (B) provides guidelines for transportation and 
                access consistent with this title;
                    (C) considers the access needs of persons with 
                disabilities in preparing the transportation plan for 
                the Scenic Recreation Area;
                    (D) allows forest road 2209 beyond the gate to the 
                Scenic Recreation Area, as depicted on the map 
                described in 102(2), to be used by motorized vehicles 
                only for administrative purposes and for access by 
                private inholders, subject to such terms and conditions 
                as the Secretary may determine to be necessary; and
                    (E) restricts construction on or improvements to 
                forest road 2209 beyond the gate to the Scenic 
                Recreation Area to maintaining the character of the 
                road as it existed upon the date of enactment of this 
                title, which shall not include paving or widening. In 
                order to comply with subsection 107(b) of this title, 
                the Secretary may make improvements to forest road 2209 
                and its bridge structures consistent with the character 
                of the road as it existed on the date of enactment of 
                this title.
    (e) Hunting and Fishing.--
            (1) In general.--Subject to applicable Federal and State 
        law, the Secretary shall permit hunting and fishing in the 
        Scenic Recreation Area.
            (2) Limitation.--The Secretary may designate zones in 
        which, and establish periods when, no hunting or fishing shall 
        be permitted for reasons of public safety, administration, or 
        public use and enjoyment of the Scenic Recreation Area.
            (3) Consultation.--Except during an emergency, as 
        determined by the Secretary, the Secretary shall consult with 
        the Oregon State Department of Fish and Wildlife before issuing 
        any regulation under this subsection.
    (f) Timber Cutting.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall prohibit the cutting and/or selling of trees in the 
        Scenic Recreation Area.
            (2) Permitted cutting.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary may allow the cutting of trees in the Scenic 
                Recreation Area only--
                            (i) for public safety, such as to control 
                        the continued spread of a forest fire in the 
                        Scenic Recreation Area or on land adjacent to 
                        the Scenic Recreation Area;
                            (ii) for activities related to 
                        administration of the Scenic Recreation Area, 
                        consistent with the Opal Creek Management Plan; 
                        or
                            (iii) for removal of hazard trees along 
                        trails and roadways.
                    (B) Salvage sales.--The Secretary may not allow a 
                salvage sale in the Scenic Recreation Area.
    (g) Withdrawal.--
            (1) Subject to valid existing rights, all lands in the 
        Scenic Recreation Area are withdrawn from--
                    (i) any form of entry, appropriation, or disposal 
                under the public land laws;
                    (ii) location, entry, and patent under the mining 
                laws; and
                    (iii) disposition under the mineral and geothermal 
                leasing laws.
    (h) Bornite Project.--
            (1) Nothing in this title shall be construed to interfere 
        with or approve any exploration, mining, or mining-related 
        activity in the Bornite Project Area, depicted on the map 
        described in subsection 102(3), conducted in accordance with 
        applicable laws.
            (2) Nothing in this title shall be construed to interfere 
        with the ability of the Secretary to approve and issue, or 
        deny, special use permits in connection with exploration, 
        mining, and mining-related activities in the Bornite Project 
        Area.
            (3) Motorized vehicles, roads, structures, and utilities 
        (including but not limited to power lines and water lines) may 
        be allowed inside the Scenic Recreation Area to serve the 
        activities conducted on land within the Bornite Project.
            (4) After the date of enactment of this title, no patent or 
        claim shall be issued for any mining claim under the general 
        mining laws located within the Bornite Project Area.
    (i) Water Impoundments.--Notwithstanding the Federal Power Act (16 
U.S.C. 791a et seq.), the Federal Energy Regulatory Commission may not 
license the construction of any dam, water conduit, reservoir, 
powerhouse, transmission line, or other project work in the Scenic 
Recreation Area, except as may be necessary to comply with the 
provisions of subsection 105(h) with regard to the Bornite Project.
    (j) Cultural and Historic Resource Inventory.--
            (1) In general.--Not later than 1 year after the date of 
        establishment of the Scenic Recreation Area, the Secretary 
        shall review and revise the inventory of the cultural and 
        historic resources on the public land in the Scenic Recreation 
        Area developed pursuant to the Oregon Wilderness Act of 1984 
        (Public Law 98-328; 16 U.S.C. 1132).
            (2) Interpretation.--Interpretive activities shall be 
        developed under the management plan in consultation with State 
        and local historic preservation organizations and shall include 
        a balanced and factual interpretation of the cultural, 
        ecological, and industrial history of forestry and mining in 
        the Scenic Recreation Area.
    (k) Participation.--So that the knowledge, expertise, and views of 
all agencies and groups may contribute affirmatively to the most 
sensitive present and future use of the Scenic Recreation Area and its 
various subareas for the benefit of the public:
            (1) Advisory council.--The Secretary shall consult on a 
        periodic and regular basis with the advisory council 
        established under section 106 with respect to matters relating 
        to management of the Scenic Recreation Area.
            (2) Public participation.--The Secretary shall seek the 
        views of private groups, individuals, and the public concerning 
        the Scenic Recreation Area.
            (3) Other agencies.--The Secretary shall seek the views and 
        assistance of, and cooperate with, any other Federal, State, or 
        local agency with any responsibility for the zoning, planning, 
        or natural resources of the Scenic Recreation Area.
            (4) Nonprofit agencies and organizations.--The Secretary 
        shall seek the views of any nonprofit agency or organization 
        that may contribute information or expertise about the 
        resources and the management of the Scenic Recreation Area.

SEC. 106. ADVISORY COUNCIL.

    (a) Establishment.--Not later than 90 days after the establishment 
of the Scenic Recreation Area, the Secretary shall establish an 
advisory council for the Scenic Recreation Area.
    (b) Membership.--The advisory council shall consist of not more 
than 13 members, of whom--
            (1) 1 member shall represent Marion County, Oregon, and 
        shall be designated by the governing body of the county;
            (2) 1 member shall represent the State of Oregon and shall 
        be designated by the Governor of Oregon; and
            (3) 1 member shall represent the city of Salem, and shall 
        be designated by the mayor of Salem, Oregon;
            (4) 1 member from a city within a 25-mile radius of the 
        Opal Creek Scenic Recreation Area, to be designated by the 
        Governor of the State of Oregon from a list of candidates 
        provided by the mayors of the cities located within a 25-mile 
        radius of the Opal Creek Scenic Recreation Area; and
            (5) not more than 9 members shall be appointed by the 
        Secretary from among persons who, individually or through 
        association with a national or local organization, have an 
        interest in the administration of the Scenic Recreation Area, 
        including, but not limited to, representatives of the timber 
        industry, environmental organizations, the mining industry, 
        inholders in the Opal Creek Wilderness and Scenic Recreation 
        Area, economic development interests and Indian Tribes.
    (c) Staggered Terms.--Members of the advisory council shall serve 
for staggered terms of three years.
    (d) Chairman.--The Secretary shall designate one member of the 
advisory council as chairman.
    (e) Vacancies.--The Secretary shall fill a vacancy on the advisory 
council in the same manner as the original appointment.
    (f) Compensation.--Members of the advisory council shall receive no 
compensation for service on the advisory council.

SEC. 107. GENERAL PROVISIONS.

    (a) Land Acquisition.--
            (1) In general.--Subject to the other provisions of this 
        title the Secretary may acquire any lands or interests in land 
        in the Scenic Recreation Area or the Opal Creek Wilderness that 
        the Secretary determines are needed to carry out this title.
            (2) Public land.--Any lands or interests in land owned by a 
        State or a political subdivision of a State may be acquired 
        only by donation or exchange.
            (3) Condemnation.--Within the boundaries of the Opal Creek 
        Wilderness or the Scenic Recreation Area, the Secretary may not 
        acquire any privately owned land or interest in land without 
        the consent of the owner unless the Secretary finds that--
                    (A) the nature of land use has changed 
                significantly, or the landowner has demonstrated intent 
                to change the land use significantly, from the use that 
                existed on the date of the enactment of this title; and
                    (B) acquisition by the Secretary of the land or 
                interest in land is essential to ensure use of the land 
                or interest in land in accordance with the purposes of 
this title or the management plan prepared under section 105(b).
            (4) Nothing in this title shall be construed to enhance or 
        diminish the condemnation authority available to the Secretary 
        outside the boundaries of the Opal Creek Wilderness or the 
        Scenic Recreation Area.
    (b) Environmental Response Actions and Cost Recovery.--
            (1) Response actions.--Nothing in this title shall limit 
        the authority of the Secretary or a responsible party to 
        conduct an environmental response action in the Scenic 
        Recreation Area in connection with the release, threatened 
        release, or cleanup of a hazardous substance, pollutant, or 
        contaminant, including a response action conducted under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.).
            (2) Liability.--Nothing in this title shall limit the 
        authority of the Secretary or a responsible party to recover 
        costs related to the release, threatened release, or cleanup of 
        any hazardous substance or pollutant or contaminant in the 
        Scenic Recreation Area.
    (c) Maps and Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this title, the Secretary shall file a map and a 
        boundary description for the Opal Creek Wilderness and for the 
        Scenic Recreation Area with the Committee on Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate.
            (2) Force and effect.--The boundary description and map 
        shall have the same force and effect as if the description and 
        map were included in this title, except that the Secretary may 
        correct clerical and typographical errors in the boundary 
        description and map.
            (3) Availability.--The map and boundary description shall 
        be on file and available for public inspection in the Office of 
        the Chief of the Forest Service, Department of Agriculture.
    (d) Nothing in this title shall interfere with any activity for 
which a special use permit has been issued, has not been revoked, and 
has not expired, before the date of enactment of this title, subject to 
the terms of the permit.

SEC. 108. ROSBORO LAND EXCHANGE.

    (a) Authorization.--Notwithstanding any other law, if the Rosboro 
Lumber Company (referred to in this section as ``Rosboro'') offers and 
conveys marketable title to the United States to the land described in 
subsection (b), the Secretary of Agriculture shall convey all right, 
title and interest held by the United States to sufficient lands 
described in subsection (c) to Rosboro, in the order in which they 
appear in subsection (c), as necessary to satisfy the equal value 
requirements of subsection (d).
    (b) Land To Be Offered by Rosboro.--The land referred to in 
subsection (a) as the land to be offered by Rosboro shall comprise 
Section 36, Township 8 South, range 4 east, Willamette Meridian.
    (c) Land To Be Conveyed by the United States.--The land referred to 
in subsection (a) as the land to be conveyed by the United States shall 
comprise sufficient land from the following prioritized list to be of 
equal value under subparagraph (d):
            (1) Section 5, Township 17 South, Range 4 East, Lot 7 
        (37.63 acres).
            (2) Section 2, Township 17 South, Range 4 East, Lot 3 
        (29.28 acres).
            (3) Section 13, Township 17 South, Range 4 East, S 1/2 SE 
        1/4 (80 acres).
            (4) Section 2, Township 17 South, Range 4 East, SW 1/4 SW 
        1/4 (40 acres).
            (5) Section 2, Township 17 South, Range 4 East, NW 1/4 SE 
        1/4 (40 acres).
            (6) Section 8, Township 17 South, Range 4 East, SE 1/4 SW 
        1/4 (40 acres).
            (7) Section 11, Township 17 South, Range 4 East, W 1/2 NW 
        1/4 (80 acres).
    (d) Equal Value.--The land and interests in land exchanged under 
this section shall be of equal market value as determined by nationally 
recognized appraisal standards, including, to the extent appropriate, 
the Uniform Standards for Federal Land Acquisition, the Uniform 
Standards of Professional Appraisal Practice, or shall be equalized by 
way of payment of cash pursuant to the provisions of section 206(d) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), 
and other applicable law. The appraisal shall consider access costs for 
the parcels involved.
    (e) Timetable.--
            (1) The exchange directed by this section shall be 
        consummated not later than 120 days after the date Rosboro 
        offers and conveys the property described in subsection (b) to 
        the United States.
            (2) The authority provided by this section shall lapse if 
        Rosboro fails to offer the land described in subsection (b) 
        within two years after the date of enactment of this title.
    (f) Rosboro shall have the right to challenge in United States 
District Court for the District of Oregon a determination of 
marketability under subsection (a) and a determination of value for the 
lands described in subsections (b) and (c) by the Secretary of 
Agriculture. The Court shall have the authority to order the Secretary 
to complete the transaction contemplated in this Section.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 109. DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC RIVER.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:
    ``( ) (A) Elkhorn creek.--The 6.4 mile segment traversing federally 
administered lands from that point along the Willamette National Forest 
boundary on the common section line between Sections 12 and 13, 
Township 9 South, Range 4 East, Willamette Meridian, to that point 
where the segment leaves federal ownership along the Bureau of Land 
Management boundary in Section 1, Township 9 South, Range 3 East, 
Willamette Meridian, in the following classes:
            ``(i) a 5.8-mile wild river area, extending from that point 
        along the Willamette National Forest boundary on the common 
        section line between Sections 12 and 13, Township 9 South, 
        Range 4 East, Willamette Meridian, to its confluence with Buck 
        Creek in Section 1, Township 9 South, Range 3 East, Willamette 
        Meridian, to be administered as agreed on by the Secretaries of 
        Agriculture and the Interior, or as directed by the President; 
        and
            ``(ii) a 0.6-mile scenic river area, extending from the 
        confluence with Buck Creek in Section 1, Township 9 South, 
        Range 3 East, Willamette Meridian, to that point where the 
        segment leaves federal ownership along the Bureau of Land 
        Management boundary in Section 1, Township 9 South, Range 3 
        East, Willamette Meridian, to be administered by the Secretary 
        of Interior, or as directed by the President.
    ``(B) Notwithstanding section 3(b) of this Act, the lateral 
boundaries of both the wild river area and the scenic river area along 
Elkhorn Creek shall include an average of not more than 640 acres per 
mile measured from the ordinary high water mark on both sides of the 
river.''

SEC. 110. ECONOMIC DEVELOPMENT.

    (a) Economic Development Plan.--As a condition for receiving 
funding under subsection (b) of this section, the State of Oregon, in 
consultation with Marion County and the Secretary of Agriculture, shall 
develop a plan for economic development projects for which grants under 
this section may be used in a manner consistent with this title and to 
benefit local communities in the vicinity of the Opal Creek area. Such 
plan shall be based on an economic opportunity study and other 
appropriate information.
    (b) Funds Provided to the States for Grants.--Upon completion of 
the Opal Creek Management Plan, and receipt of the plan referred to in 
subsection (a) of this section, the Secretary shall provide, subject to 
appropriations, $15,000,000, to the State of Oregon. Such funds shall 
be used to make grants or loans for economic development projects that 
further the purposes of this title and benefit the local communities in 
the vicinity of Opal Creek.
    (c) Report.--The State of Oregon shall--
            (1) prepare and provide the Secretary and Congress with an 
        annual report on the use of the funds made available under this 
        section;
            (2) make available to the Secretary and to Congress, upon 
        request, all accounts, financial records, and other information 
        related to grants and loans made available pursuant to this 
        section; and
            (3) as loans are repaid, make additional grants and loans 
        with the money made available for obligation by such 
        repayments.

                     TITLE II--UPPER KLAMATH BASIN

SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION PROJECTS.

    (a) Definitions.--In this section:
            (1) Ecosystem restoration office.--The term ``Ecosystem 
        Restoration Office'' means the Klamath Basin Ecosystem 
        Restoration Office operated cooperatively by the United States 
        Fish and Wildlife Service, Bureau of Reclamation, Bureau of 
        Land Management, and Forest Service.
            (2) Working group.--The term ``Working Group'' means the 
        Upper Klamath Basin Working Group, established before the date 
        of enactment of this title, consisting of members nominated by 
        their represented groups, including:
                    (A) 3 tribal members;
                    (B) 1 representative of the city of Klamath Falls, 
                Oregon;
                    (C) 1 representative of Klamath County, Oregon;
                    (D) 1 representative of institutions of higher 
                education in the Upper Klamath Basin;
                    (E) 4 representatives of the environmental 
                community, including at least one such representative 
                from the State of California with interests in the 
                Klamath Basin National Wildlife Refuge Complex;
                    (F) 4 representatives of local businesses and 
                industries, including at least one representative of 
                the wood products industry and one representative of 
                the ocean commercial fishing industry and/or the 
                recreational fishing industry based in either Oregon or 
                California;
                    (G) 4 representatives of the ranching and farming 
                community, including representatives of Federal lease-
                land farmers and ranchers and of private land farmers 
                and ranchers in the Upper Klamath Basin;
                    (H) 2 representatives from State of Oregon agencies 
                with authority and responsibility in the Klamath River 
                Basin, including one from the Oregon Department of Fish 
                and Wildlife and one from the Oregon Water Resources 
                Department;
                    (I) 4 representatives from the local community;
                    (J) 1 representative each from the following 
                Federal resource management agencies in the Upper 
                Klamath Basin: Fish and Wildlife Service, Bureau of 
                Reclamation, Bureau of Land Management, Bureau of 
                Indian Affairs, Forest Service, Natural Resources 
                Conservation Service, National Marine Fisheries Service 
                and Ecosystem Restoration Office; and
                    (K) 1 representative of the Klamath County Soil and 
                Water Conservation District.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Task force.--The term ``Task Force'' means the Klamath 
        River Basin Fisheries Task Force as established by the Klamath 
        River Basin Fishery Resource Restoration Act (Public Law 99-
        552, 16 U.S.C. 460ss-3, et.seq.).
            (5) Compact commission.--The term ``Compact Commission'' 
        means the Klamath River Basin Compact Commission created 
        pursuant to the Klamath River Compact Act of 1954.
            (6) Consensus.--The term ``consensus'' means a unanimous 
        agreement by the Working Group members present and consisting 
        of at least a quorum at a regularly scheduled business meeting.
            (7) Quorum.--The term ``quorum'' means one more than half 
        of those qualified Working Group members appointed and eligible 
        to serve.
            (8) Trinity task force.--The term ``Trinity Task Force'' 
        means the Trinity River Restoration Task Force created by 
        Public Law 98-541, as amended by Public Law 104-143.
    (b) In General.--
            (1) The Working Group through the Ecosystem Restoration 
        Office, with technical assistance from the Secretary, will 
        propose ecological restoration projects, economic development 
        and stability projects, and projects designed to reduce the 
        impacts of drought conditions to be undertaken in the Upper 
        Klamath Basin based on a consensus of the Working Group 
        membership.
            (2) The Secretary shall pay, to the greatest extent 
        feasible, up to 50 percent of the cost of performing any 
        project approved by the Secretary or his designee, up to a 
        total amount of $1,000,000 during each of fiscal years 1997 
        through 2001.
            (3) Funds made available under this title through the 
        Department of the Interior or the Department of Agriculture 
        shall be distributed through the Ecosystem Restoration Office.
            (4) The Ecosystem Restoration Office may utilize not more 
        than 15 percent of all Federal funds administered under this 
        section for administrative costs relating to the implementation 
        of this title.
            (5) All funding recommendations developed by the Working 
        Group shall be based on a consensus of Working Group members.
    (c) Coordination.--
            (1) The Secretary shall formulate a cooperative agreement 
        among the Working Group, the Task Force, the Trinity Task Force 
        and the Compact Commission for the purposes of ensuring that 
        projects proposed and funded through the Working Group are 
        consistent with other basin-wide fish and wildlife restoration 
        and conservation plans, including but not limited to plans 
        developed by the Task Force and the Compact Commission.
            (2) To the greatest extent practicable, the Working Group 
        shall provide notice to, and accept input from, two members 
        each of the Task Force, the Trinity Task Force, and the Compact 
        Commission, so appointed by those entities, for the express 
        purpose of facilitating better communication and coordination 
        regarding additional basin-wide fish and wildlife and ecosystem 
        restoration and planning efforts. The roles and relationships 
        of the entities involved shall be clarified in the cooperative 
        agreement.
    (d) Public Meetings.--The Working Group shall conduct all meetings 
subject to applicable open meeting and public participation laws. The 
chartering requirements of 5 U.S.C. App 2 ss 1-15 are hereby deemed to 
have been met by this section.
    (e) Terms and Vacancies.--Working Group members shall serve for 3-
year terms, beginning on the date of enactment of this title. Vacancies 
which occur for any reason after the date of enactment of this title 
shall be filled by direct appointment of the governor of the State of 
Oregon, in consultation with the Secretary of the Interior and the 
Secretary of Agriculture, in accordance with nominations from the 
appropriate groups, interests, and government agencies outlined in 
subsection (a)(2).
    (f) Rights, Duties and Authorities Unaffected.--The Working Group 
will supplement, rather than replace, existing efforts to manage the 
natural resources of the Klamath Basin. Nothing in this title affects 
any legal right, duty or authority of any person or agency, including 
any member of the working group.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title $1,000,000 for each of fiscal 
years 1997 through 2002.

                       TITLE III--DESCHUTES BASIN

SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

    (a) Definitions.--In this section:
            (1) Working group.--The term ``Working Group'' means the 
        Deschutes River Basin Working Group established before the date 
        of enactment of this title, consisting of members nominated by 
        their represented groups, including:
                    (A) 5 representatives of private interests 
                including one each from hydroelectric production, 
                livestock grazing, timber, land development, and 
                recreation/tourism;
                    (B) 4 representatives of private interests 
                including two each from irrigated agriculture and the 
                environmental community;
                    (C) 2 representatives from the Confederated Tribes 
                of the Warm Springs Reservation of Oregon;
                    (D) 2 representatives from Federal agencies with 
                authority and responsibility in the Deschutes River 
                Basin, including one from the Department of the 
                Interior and one from the Agriculture Department;
                    (E) 2 representatives from the State of Oregon 
                agencies with authority and responsibility in the 
                Deschutes River Basin, including one from the Oregon 
                Department of Fish and Wildlife and one from the Oregon 
                Water Resources Department; and
                    (F) 4 representatives from county or city 
                governments within the Deschutes River Basin county 
                and/or city governments.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Federal agencies.--The term ``Federal agencies'' means 
        agencies and departments of the United States, including, but 
        not limited to, the Bureau of Reclamation, Bureau of Indian 
        Affairs, Bureau of Land Management, Fish and Wildlife Service, 
        Forest Service, Natural Resources Conservation Service, Farm 
        Services Agency, the National Marine Fisheries Service, and the 
        Bonneville Power Administration.
            (4) Consensus.--The term ``consensus'' means a unanimous 
        agreement by the Working Group members present and constituting 
        at least a quorum at a regularly scheduled business meeting.
            (5) Quorum.--The term ``quorum'' means one more than half 
        of those qualified Working Group members appointed and eligible 
        to serve.
    (b) In General.--
            (1) The Working Group will propose ecological restoration 
        projects on both Federal and non-Federal lands and waters to be 
        undertaken in the Deschutes River Basin based on a consensus of 
        the Working Group, provided that such projects, when involving 
        Federal land or funds, shall be proposed to the Bureau of 
        Reclamation in the Department of the Interior and any other 
        Federal agency with affected land or funds.
            (2) The Working Group will accept donations, grants or 
        other funds and place such funds received into a trust fund, to 
        be expended on ecological restoration projects which, when 
        involving Federal land or funds, are approved by the affected 
        Federal agency.
            (3) The Bureau of Reclamation shall pay from funds 
        authorized under subsection (h) of this title up to 50 percent 
        of the cost of performing any project proposed by the Working 
        Group and approved by the Secretary, up to a total amount of 
        $1,000,000 during each of the fiscal years 1997 through 2001.
            (4) Non-Federal contributions to project costs for purposes 
        of computing the Federal matching share under paragraph (3) of 
        this subsection may include in-kind contributions.
            (5) Funds authorized in subsection (h) of this title shall 
        be maintained in and distributed by the Bureau of Reclamation 
        in the Department of the Interior. The Bureau of Reclamation 
        shall not expend more than 5 percent of amounts appropriated 
        pursuant to subsection (h) for Federal administration of such 
        appropriations pursuant to this title.
            (6) The Bureau of Reclamation is authorized to provide by 
        grant to the Working Group not more than 5 percent of funds 
        appropriated pursuant to subsection (h) of this title for not 
        more than 50 percent of administrative costs relating to the 
        implementation of this title.
            (7) The Federal agencies with authority and responsibility 
        in the Deschutes River Basin shall provide technical assistance 
        to the Working Group and shall designate representatives to 
        serve as members of the Working Group.
            (8) All funding recommendations developed by the Working 
        Group shall be based on a consensus of the Working Group 
        members.
    (c) Public Notice and Participation.--The Working Group shall 
conduct all meetings subject to applicable open meeting and public 
participation laws. The chartering requirements of 5 U.S.C. App 2 ss 1-
15 are hereby deemed to have been met by this section.
    (d) Priorities.--The Working Group shall give priority to voluntary 
market-based economic incentives for ecosystem restoration including, 
but not limited to, water leases and purchases; land leases and 
purchases; tradable discharge permits; and acquisition of timber, 
grazing, and land development rights to implement plans, programs, 
measures, and projects.
    (e) Terms and Vacancies.--Members of the Working Group representing 
governmental agencies or entities shall be named by the represented 
government agency. Members of the Working Group representing private 
interests shall be named in accordance with the articles of 
incorporation and bylaws of the Working Group. Representatives from 
Federal agencies will serve for terms of 3 years. Vacancies which occur 
for any reason after the date of enactment of this title shall be 
filled in accordance with this title.
    (f) Additional Projects.--Where existing authority and 
appropriations permit, Federal agencies may contribute to the 
implementation of projects recommended by the Working Group and 
approved by the Secretary.
    (g) Rights, Duties and Authorities Unaffected.--The Working Group 
will supplement, rather than replace, existing efforts to manage the 
natural resources of the Deschutes Basin. Nothing in this title affects 
any legal right, duty or authority of any person or agency, including 
any member of the working group.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title $1,000,000 for each of fiscal 
years 1997 through 2001.

                     TITLE IV--MOUNT HOOD CORRIDOR

SEC. 401. LAND EXCHANGE.

    (a) Authorization.--Notwithstanding any other law, if Longview 
Fibre Company (referred to in this section as ``Longview'') offers and 
conveys title that is acceptable to the United States to some or all of 
the land described in subsection (b), the Secretary of the Interior 
(referred to in this section as the ``Secretary'') shall convey to 
Longview title to some or all of the land described in subsection (c), 
as necessary to satisfy the requirements of subsection (d).
    (b) Land To Be Offered by Longview.--The land referred to in 
subsection (a) as the land to be offered by Longview are those lands 
depicted on the map entitled ``Mt. Hood Corridor Land Exchange Map'', 
dated July 18, 1996.
    (c) Land To Be Conveyed by the Secretary.--The land referred to in 
subsection (a) as the land to be conveyed by the Secretary are those 
lands depicted on the map entitled ``Mt. Hood Corridor Land Exchange 
Map'', dated July 18, 1996.
    (d) Equal Value.--The land and interests in land exchanged under 
this section shall be of equal market value as determined by nationally 
recognized appraisal standards, including, to the extent appropriate, 
the Uniform Standards for Federal Land Acquisition, the Uniform 
Standards of Professional Appraisal Practice, or shall be equalized by 
way of payment of cash pursuant to the provisions of section 206(d) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), 
and other applicable law.
    (e) Redesignation of Land To Maintain Revenue Flow.--So as to 
maintain the current flow of revenue from land subject to the Act 
entitled ``An Act relating to the revested Oregon and California 
Railroad and reconveyed Coos Bay Wagon Road grant land situated in the 
State of Oregon'', approved August 28, 1937 (43 U.S.C. 1181a et seq.), 
the Secretary may redesignate public domain land located in and west of 
Range 9 East, Willamette Meridian, Oregon, as land subject to that Act.
    (f) Timetable.--The exchange directed by this section shall be 
consummated not later than 1 year after the date of enactment of this 
title.
    (g) Withdrawal of Lands.--All lands managed by the Department of 
the Interior, Bureau of Land Management, located in Townships 2 and 3 
South, Ranges 6 and 7 East, Willamette Meridian, which can be seen from 
the right-of-way of U.S. Highway 26 (in this section, such lands are 
referred to as the ``Mt. Hood Corridor Lands''), shall be managed 
primarily for the protection or enhancement of scenic qualities. 
Management prescriptions for other resource values associated with 
these lands shall be planned and conducted for purposes other than 
timber harvest, so as not to impair the scenic qualities of the area.
    (h) Timber Cutting.--Timber cutting may be conducted on Mt. Hood 
Corridor Lands following a resource-damaging catastrophic event. Such 
cutting may only be conducted to achieve the following resource 
management objectives, in compliance with the current land use plans--
            (1) to maintain safe conditions for the visiting public;
            (2) to control the continued spread of forest fire;
            (3) for activities related to administration of the Mt. 
        Hood Corridor Lands; or
            (4) for removal of hazard trees along trails and roadways.
    (i) Road Closure.--The forest road gate located on Forest Service 
Road 2503, located in T. 2 S., R. 6 E., sec. 14, shall remain closed 
and locked to protect resources and prevent illegal dumping and 
vandalism. Access to this road shall be limited to--
            (1) Federal and State officers and employees acting in an 
        official capacity;
            (2) employees and contractors conducting authorized 
        activities associated with the telecommunication sites located 
        in T. 2 S., R. 6 E., sec. 14; and
            (3) the general public for recreational purposes, except 
        that all motorized vehicles will be prohibited.
    (j) NEPA Exemption.--The National Environmental Policy Act of 1969 
(Public Law 91-190) shall not apply to this section for one year after 
the date of enactment of this title.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

                    TITLE V--COQUILLE TRIBAL FOREST

SEC. 501. CREATION OF THE COQUILLE FOREST.

    (a) The Coquille Restoration Act (P.L. 101-42) is amended by 
inserting at the end of section 5 the following:
    ``(d) Creation of the Coquille Forest.--
            ``(1) Definitions.--In this subsection:
                    ``(A) the term `Coquille Forest' means certain 
                lands in Coos County, Oregon, comprising approximately 
                5,400 acres, as generally depicted on the map entitled 
                `Coquille Forest Proposal', dated July 8, 1996.
                    ``(B) the term `Secretary' means the Secretary of 
                the Interior.
                    ``(C) the term `the Tribe' means the Coquille Tribe 
                of Coos County, Oregon.
            ``(2) Map.--The map described in subparagraph (d)(1)(A), 
        and such additional legal descriptions which are applicable, 
        shall be placed on file at the local District Office of the 
        Bureau of Land Management, the Agency Office of the Bureau of 
        Indian Affairs, and with the Senate Committee on Energy and 
        Natural Resources and the House Committee on Resources.
            ``(3) Interim period.--From the date of enactment of this 
        subsection until two years after the date of enactment of this 
        subsection, the Bureau of Land Management shall:
                    ``(A) retain Federal jurisdiction for the 
                management of lands designated under this subsection as 
                the Coquille Forest and continue to distribute revenues 
                from such lands in a manner consistent with existing 
                law; and,
                    ``(B) prior to advertising, offering or awarding 
                any timber sale contract on lands designated under this 
                subsection as the Coquille Forest, obtain the approval 
                of the Assistant Secretary for Indian Affairs, acting 
                on behalf of and in consultation with the Tribe.
            ``(4) Transition planning and designation.--
                    ``(A) During the two year interim period provided 
                for in paragraph (3), the Assistant Secretary for 
                Indian Affairs, acting on behalf of and in consultation 
                with the Tribe, is authorized to initiate development 
                of a forest management plan for the Coquille Forest. 
                The Secretary, acting through the Director of the 
                Bureau of Land Management, shall cooperate and assist 
                in the development of such plan and in the transition 
                of forestry management operations for the Coquille 
                Forest to the Assistant Secretary for Indian Affairs.
                    ``(B) Two years after the date of enactment of this 
                subsection, the Secretary shall take the lands 
                identified under subparagraph (d)(1)(A) into trust, and 
                shall hold such lands in trust, in perpetuity, for the 
                Coquille Tribe. Such lands shall be thereafter 
                designated as the Coquille Forest.
                    ``(C) So as to maintain the current flow of revenue 
                from land subject to the Act entitled `An Act relating 
                to the revested Oregon and California Railroad and 
                reconveyed Coos Bay Wagon Road grant land situated in 
                the State of Oregon' (the O&C Act), approved August 28, 
                1937 (43 U.S.C. 1181a et seq.), the Secretary shall 
                redesignate, from public domain lands within the 
                tribe's service area, as defined in this Act, certain 
                lands to be subject to the O&C Act. Lands redesignated 
                under this subparagraph shall not exceed lands 
                sufficient to constitute equivalent timber value as 
                compared to lands constituting the Coquille Forest.
            ``(5) Management.--The Secretary of Interior, acting 
        through the Assistant Secretary for Indian Affairs, shall 
        manage the Coquille Forest under applicable State and Federal 
        forestry and environmental protection laws, and subject to 
        critical habitat designations under the Endangered Species Act, 
        and subject to the standards and guidelines of Federal forest 
        plans on adjacent or nearby Federal lands, now and in the 
        future. The Secretary shall otherwise manage the Coquille 
        Forest in accordance with the laws pertaining to the management 
        of Indian Trust lands and shall distribute revenues in accord 
        with Public Law 101-630, 25 U.S.C. 3107.
                    ``(A) Unprocessed logs harvested from the Coquille 
                Forest shall be subject to the same Federal statutory 
                restrictions on export to foreign Nations that apply to 
                unprocessed logs harvested from Federal lands.
                    ``(B) Notwithstanding any other provision of law, 
                all sales of timber from land subject to this 
                subsection shall be advertised, offered and awarded 
                according to competitive bidding practices, with sales 
                being awarded to the highest responsible bidder.
            ``(6) Indian self determination act agreement.--No sooner 
        than two years after the date of enactment of this subsection, 
        the Secretary may, upon a satisfactory showing of management 
        competence and pursuant to the Indian Self-Determination Act 
        (25 U.S.C. 450 et seq.), enter into a binding Indian self-
        determination agreement (agreement) with the Coquille Indian 
        Tribe. Such agreement may provide for the tribe to carry out 
        all or a portion of the forest management for the Coquille 
        Forest.
                    ``(A) Prior to entering such an agreement, and as a 
                condition of maintaining such an agreement, the 
                Secretary must find that the Coquille Tribe has entered 
                into a binding memorandum of agreement (MOA) with the 
                State of Oregon, as required under paragraph 7.
                    ``(B) The authority of the Secretary to rescind the 
                Indian self-determination agreement shall not be 
                encumbered.
                            ``(i) The Secretary shall rescind the 
                        agreement upon a demonstration that the tribe 
                        and the State of Oregon are no longer engaged 
                        in a memorandum of agreement as required under 
                        paragraph 7.
                            ``(ii) The Secretary may rescind the 
                        agreement on a showing that the Tribe has 
                        managed the Coquille Forest in a manner 
                        inconsistent with this subsection, or the Tribe 
                        is no longer managing, or capable of managing, 
                        the Coquille Forest in a manner consistent with 
                        this subsection.
            ``(7) Memorandum of agreement.--The Coquille Tribe shall 
        enter into a memorandum of agreement (MOA) with the State of 
        Oregon relating to the establishment and management of the 
        Coquille Forest. The MOA shall include, but not be limited to, 
        the terms and conditions for managing the Coquille Forest in a 
        manner consistent with paragraph (5) of this subsection, 
        preserving public access, advancing jointly-held resource 
        management goals, achieving tribal restoration objectives and 
        establishing a coordinated management framework. Further, 
        provisions set forth in the MOA shall be consistent with 
        Federal trust responsibility requirements applicable to Indian 
        trust lands and paragraph (5) of this subsection.
            ``(8) Public access.--The Coquille Forest shall remain open 
        to public access for purposes of hunting, fishing, recreation 
        and transportation, except when closure is required by state or 
        federal law, or when the Coquille Indian Tribe and the State of 
        Oregon agree in writing that restrictions on access are 
        necessary or appropriate to prevent harm to natural resources, 
        cultural resources or environmental quality: Provided, That the 
        State of Oregon's agreement shall not be required when 
        immediate action is necessary to protect archeological 
        resources.
            ``(9) Jurisdiction.--
                    ``(A) The United States District Court for the 
                District of Oregon shall have jurisdiction over actions 
                against the Secretary arising out of claims that this 
                subsection has been violated. Consistent with existing 
                precedents on standing to sue, any affected citizen may 
                bring suit against the Secretary for violations of this 
                subsection, except that suit may not be brought against 
                the Secretary for claims that the MOA has been 
                violated. The Court has the authority to hold unlawful 
                and set aside actions pursuant to this subsection that 
                are arbitrary and capricious, an abuse of discretion, 
                or otherwise an abuse of law.
                    ``(B) The United States District Court for the 
                District of Oregon shall have jurisdiction over actions 
                between the State of Oregon and the Tribe arising out 
                of claims of breach of the MOA.
                    ``(C) Unless otherwise provided for by law, 
                remedies available under this subsection shall be 
                limited to equitable relief and shall not include 
                damages.
            ``(10) State regulatory and civil jurisdiction.--In 
        addition to the jurisdiction described in paragraph 7 of this 
        subsection, the State of Oregon may exercise exclusive 
        regulatory civil jurisdiction, including but not limited to 
        adoption and enforcement of administrative rules and orders, 
        over the following subjects:
                    ``(A) management, allocation and administration of 
                fish and wildlife resources, including but not limited 
                to establishment and enforcement of hunting and fishing 
                seasons, bag limits, limits on equipment and methods, 
                issuance of permits and licenses, and approval or 
                disapproval of hatcheries, game farms, and other 
                breeding facilities: Provided, That nothing herein 
                shall be construed to permit the State of Oregon to 
                manage fish or wildlife habitat on Coquille Forest 
                lands;
                    ``(B) allocation and administration of water 
                rights, appropriation of water and use of water;
                    ``(C) regulation of boating activities, including 
                equipment and registration requirements, and protection 
                of the public's right to use the waterways for purposes 
                of boating or other navigation;
                    ``(D) fills and removals from waters of the State, 
                as defined in Oregon law;
                    ``(E) protection and management of the State's 
                proprietary interests in the beds and banks of 
                navigable waterways;
                    ``(F) regulation of mining, mine reclamation 
                activities, and exploration and drilling for oil and 
                gas deposits;
                    ``(G) regulation of water quality, air quality 
                (including smoke management), solid and hazardous 
                waste, and remediation of releases of hazardous 
                substances;
                    ``(H) regulation of the use of herbicides and 
                pesticides; and
                    ``(I) enforcement of public health and safety 
                standards, including standards for the protection of 
                workers, well construction and codes governing the 
                construction of bridges, buildings, and other 
                structures.
            ``(11) Savings clause, state authority.--
                    ``(A) Nothing in this subsection shall be construed 
                to grant tribal authority over private or State-owned 
                lands.
                    ``(B) To the extent that the State of Oregon is 
                regulating the foregoing areas pursuant to a delegated 
                Federal authority or a Federal program, nothing in this 
                subsection shall be construed to enlarge or diminish 
                the State's authority under such law.
                    ``(C) Where both the State of Oregon and the United 
                States are regulating, nothing herein shall be 
                construed to alter their respective authorities.
                    ``(D) To the extent that Federal law authorizes the 
                Coquille Indian Tribe to assume regulatory authority 
                over an area, nothing herein shall be construed to 
                enlarge or diminish the tribe's authority to do so 
                under such law.
                    ``(E) Unless and except to the extent that the 
                tribe has assumed jurisdiction over the Coquille Forest 
                pursuant to Federal law, or otherwise with the consent 
                of the State, the State of Oregon shall have 
                jurisdiction and authority to enforce its laws 
                addressing the subjects listed in subparagraph 10 of 
                this subsection on the Coquille Forest against the 
                Coquille Indian Tribe, its members and all other 
                persons and entities, in the same manner and with the 
                same remedies and protections and appeal rights as 
                otherwise provided by general Oregon law. Where the 
                State of Oregon and Coquille Indian Tribe agree 
                regarding the exercise of tribal civil regulatory 
                jurisdiction over activities on the Coquille Forest 
                lands, the tribe may exercise such jurisdiction as is 
                agreed upon.
            ``(12) In the event of a conflict between Federal and State 
        law under this subsection, Federal law shall control.''

                TITLE VI--BULL RUN WATERSHED PROTECTION

    Sec. 601. The first sentence of section 2(a) of Public Law 95-200 
is amended after ``referred to in this subsection (a)'' by striking 
``2(b)'' and inserting in lieu thereof ``2(c)''.
    Sec. 602. The first sentence of section 2(b) of Public Law 95-200 
is amended after ``the policy set forth in subsection (a)'' by 
inserting ``and (b)''.
    Sec. 603. Section 2(b) of Public Law 95-200 is redesignated as 
``2(c)''.
    Sec. 604 (a) Public Law 95-200 is amended by adding a new 
subsection 2(b) immediately after subsection 2(a), as follows:
    ``(b) Timber Cutting.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        of Agriculture shall prohibit the cutting of trees in that part 
        of the unit consisting of the hydrographic boundary of the Bull 
        Run River Drainage, including certain lands within the unit and 
        located below the headworks of the city of Portland, Oregon's 
        water storage and delivery project, and as depicted in a map 
        dated July 22, 1996 and entitled ``Bull Run River Drainage''.
            ``(2) Permitted cutting.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary of Agriculture shall prohibit the cutting of 
                trees in the area described in paragraph (1).
                    ``(B) Permitted cutting.--Subject to subparagraph 
                (C), the Secretary may only allow the cutting of trees 
                in the area described in paragraph (1)--
                            ``(i) for the protection or enhancement of 
                        water quality in the area described in 
                        paragraph (1); or
                            ``(ii) for the protection, enhancement, or 
                        maintenance of water quantity available from 
                        the area described in paragraph (1); or
                            ``(iii) for the construction, expansion, 
                        protection or maintenance of municipal water 
                        supply facilities; or
                            ``(iv) for the construction, expansion, 
                        protection or maintenance of facilities for the 
                        transmission of energy through and over the 
                        unit or previously authorized hydroelectric 
                        facilities or hydroelectric projects associated 
                        with municipal water supply facilities.
                    ``(C) Salvage sales.--The Secretary of Agriculture 
                may not authorize a salvage sale in the area described 
                in paragraph (1).''
    (b) Redesignate subsequent subsections of Public Law 95-200 
accordingly.

SEC. 605. REPORT TO CONGRESS.

    (a) The Secretary of Agriculture shall, in consultation with the 
city of Portland and other affected parties, undertake a study of that 
part of the Little Sandy Watershed that is within the unit (hereinafter 
referred to as the ``study area''), as depicted on the map described in 
section 604 of this title.
    (b) The study referred to in (a) shall determine--
            (1) the impact of management activities within the study 
        area on the quality of drinking water provided to the Portland 
        Metropolitan area;
            (2) the identity and location of certain ecological 
        features within the study area, including late successional 
        forest characteristics, aquatic and terrestrial wildlife 
        habitat, significant hydrological values, or other outstanding 
        natural features; and
            (3) the location and extent of any significant cultural or 
        other values within the study area.
    (c) The study referred to in subsection (a) shall include both 
legislative and regulatory recommendations to Congress on the future 
management of the study area. In formulating such recommendations, the 
Secretary shall consult with the city of Portland and other affected 
parties.
    (d) To the greatest extent possible, the Secretary shall use 
existing data and processes to carry out this study and report.
    (e) The study referred to in subsection (a) shall be submitted to 
the Senate Committees on Energy and Natural Resources and Agriculture 
and the House Committees on Resources and Agriculture not later than 
one year from the date of enactment of this section.
    (f) The Secretary is prohibited from advertising, offering or 
awarding any timber sale within the study area for a period of two 
years after the date of enactment of this section.
    (g) Nothing in this section shall in any way affect any State or 
Federal law governing appropriation, use of or Federal right to water 
on or flowing through National Forest System lands. Nothing in this 
section is intended to influence the relative strength of competing 
claims to the waters of the Little Sandy River. Nothing in this section 
shall be construed to expand or diminish Federal, State, or local 
jurisdiction, responsibility, interests, or rights in water resources 
development or control, including rights in and current uses of water 
resources in the unit.
    Sec. 606. Lands within the Bull Run Management Unit, as defined in 
Public Law 95-200, but not contained within the Bull Run River 
Drainage, as defined by this title and as depicted on the map dated 
July 1996 described in section 604 of this title, shall continue to be 
managed in accordance with Public Law 95-200.

            TITLE VII--OREGON ISLANDS WILDERNESS, ADDITIONS

SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.

    (a) In furtherance of the purposes of the Wilderness Act of 1964, 
certain lands within the boundaries of the Oregon Islands National 
Wildlife Refuge, Oregon, comprising approximately ninety-five acres and 
as generally depicted on a map entitled ``Oregon Island Wilderness 
Additions--Proposed'' dated August 1996, are hereby designated as 
wilderness. The map shall be on file and available for public 
inspection in the offices of the Fish and Wildlife Service, Department 
of the Interior.
    (b) All other federally owned named, unnamed, surveyed and 
unsurveyed rocks, reefs, islets and islands lying within three 
geographic miles off the coast of Oregon and above mean high tide, not 
currently designated as wilderness and also within the Oregon Islands 
National Wildlife Refuge boundaries under the administration of the 
United States Fish and Wildlife Service, Department of the Interior, as 
designated by Executive Order 7035, Proclamation 2416, Public Land 
Orders 4395, 4475 and 6287, and Public Laws 91-504 and 95-450, are 
hereby designated as wilderness.
    (c) All federally owned named, unnamed, surveyed and unsurveyed 
rocks, reefs, islets and islands lying within three geographic miles 
off the coast of Oregon and above mean high tide, and presently under 
the jurisdiction of the Bureau of Land Management, except Chiefs 
Island, are hereby designated as wilderness, shall become part of the 
Oregon Islands National Wildlife Refuge and the Oregon Islands 
Wilderness and shall be under the jurisdiction of the United States 
Fish and Wildlife Service, Department of the Interior.
    (d) As soon as practicable after this title takes effect, a map of 
the wilderness area and a description of its boundaries shall be filed 
with the Senate Committee on Energy and Natural Resources and the House 
Committee on Resources, and such map shall have the same force and 
effect as if included in this title: Provided, however, That correcting 
clerical and typographical errors in the map and land descriptions may 
be made.
    (e) Public Land Order 6287 of June 16, 1982, which withdrew certain 
rocks, reefs, islets and islands lying within three geographical miles 
off the coast of Oregon and above mean high tide, including the ninety-
five acres described in subsection (a), as an addition to the Oregon 
Islands National Wildlife Refuge is hereby made permanent.

              TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY

SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND DIRECTION.

    (a) In General.--The Secretaries of the Interior and Agriculture 
(Secretaries) are hereby authorized and directed to consult, 
coordinate, and cooperate with the Umpqua Land Exchange Project (ULEP), 
affected units and agencies of State and local government, and, as 
appropriate, the World Forestry Center and National Fish and Wildlife 
Foundation, to assist ULEP's ongoing efforts in studying and analyzing 
land exchange opportunities in the Umpqua River basin and to provide 
scientific, technical, research, mapping and other assistance and 
information to such entities. Such consultation, coordination, and 
cooperation shall at a minimum include, but not be limited to:
            (1) working with ULEP to develop or assemble comprehensive 
        scientific and other information (including comprehensive and 
        integrated mapping) concerning the Umpqua River Basin's 
        resources of forest, plants, wildlife, fisheries (anadromous 
        and other), recreational opportunities, wetlands, riparian 
        habitat, and other physical or natural resources;
            (2) working with ULEP to identify general or specific areas 
        within the basin where land exchanges could promote 
        consolidation of forestland ownership for long-term, sustained 
        timber production; protection and restoration of habitat for 
        plants, fish, and wildlife (including any federally listed 
        threatened or endangered species); protection of drinking water 
        supplies; recovery of threatened and endangered species; 
        protection and restoration of wetlands, riparian lands, and 
        other environmentally sensitive areas; consolidation of land 
        ownership for improved public access and a broad array of 
        recreational uses; and consolidation of land ownership to 
        achieve management efficiency and reduced costs of 
        administration; and
            (3) developing a joint report for submission to the 
        Congress which discusses land exchange opportunities in the 
        basin and outlines either a specific land exchange proposal or 
        proposals which may merit consideration by the Secretaries or 
        the Congress, or ideas and recommendations for new 
        authorizations, direction, or changes in existing law or policy 
        to expedite and facilitate the consummation of beneficial land 
        exchanges in the basin via administrative means.
    (b) Matters for Specific Study.--In analyzing land exchange 
opportunities with ULEP, the Secretaries shall give priority to 
assisting ULEP's ongoing efforts in:
            (1) studying, identifying, and mapping areas where the 
        consolidation of land ownership via land exchanges could 
        promote the goals of long term species and watershed protection 
        and utilization, including but not limited to the goals of the 
        Endangered Species Act of 1973 more effectively than current 
        land ownership patterns and whether any changes in law or 
        policy applicable to such lands after consummation of an 
        exchange would be advisable or necessary to achieve such goals;
            (2) studying, identifying and mapping areas where land 
        exchanges might be utilized to better satisfy the goals of 
        sustainable timber harvest, including studying whether changes 
        in existing law or policy applicable to such lands after 
        consummation of an exchange would be advisable or necessary to 
        achieve such goals;
            (3) identifying issues and studying options and 
        alternatives, including possible changes in existing law or 
        policy, to insure that combined post-exchange revenues to units 
        of local government from State and local property, severance, 
        and other taxes or levies and shared Federal land receipts will 
        approximate pre-exchange revenues;
            (4) identifying issues and studying whether possible 
        changes in law, special appraisal instruction, or changes in 
        certain Federal appraisal procedures might be advisable or 
        necessary to facilitate the appraisal of potential exchange 
        lands which may have special characteristics or restrictions 
        affecting land values;
            (5) identifying issues and studying options and 
        alternatives, including changes in existing laws or policy, for 
        achieving land exchanges without reducing the net supply of 
        timber available to small businesses;
            (6) identifying, mapping, and recommending potential 
        changes in land use plans, land classifications, or other 
        actions which might be advisable or necessary to expedite, 
        facilitate or consummate land exchanges in certain areas;
            (7) analyzing potential sources for new or enhanced 
        Federal, State, or other funding to promote improved resource 
        protection, species recovery, and management in the basin; and
            (8) identifying and analyzing whether increased efficiency 
        and better land and resource management could occur through 
        either consolidation of Federal forest management under one 
        agency or exchange lands between the Forest Service and the 
        Bureau of Land Management.

SEC. 802. REPORT TO CONGRESS.

    No later than February 1, 1998, ULEP and the Secretaries shall 
submit a joint report to the Committee on Resources of the United 
States House of Representatives and to the Committee on Energy and 
Natural Resources of the United States Senate concerning their studies, 
findings, recommendations, mapping and other activities conducted 
pursuant to this title.

SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

    In furtherance of the purposes of this title, there is hereby 
authorized to be appropriated the sum of $2 million, to remain 
available until expended.

     TITLE III--LOCAL EMPOWERMENT AND FLEXIBILITY PILOT ACT OF 1996

SECTION 301. SHORT TITLE.

    This Act may be cited as the ``Local Empowerment and Flexibility 
Pilot Act of 1996.''

SEC. 302. FINDINGS.

    The Congress finds that--
            (1) historically, Federal programs have addressed the 
        Nation's problems by providing categorical financial assistance 
        with detailed requirements relating to the use of funds;
            (2) while the assistance described in paragraph (1) has 
        been directed at critical problems, some program requirements 
        may inadvertently impede the effective delivery of services;
            (3) the Nation's State, local, and tribal governments and 
        private, nonprofit organizations are dealing with increasingly 
        complex problems which require the delivery of many kinds of 
        services;
            (4) our nation's communities are diverse and many have 
        innovative planning and community involvement strategies to 
        comprehensively meet their particular service needs for 
        providing services, but Federal, State, and local grant and 
        other requirements often hamper effective implementation of 
        such strategies.
            (5) it is more important than ever to provide programs 
        that--
                    (A) promote more effective and efficient delivery 
                of services at all levels of government to meet the 
                full range of needs of individuals, families, and 
                society;
                    (B) respond flexibly to the diverse needs of the 
                Nation's communities;
                    (C) reduce the barriers between programs that 
                impede the State, local, and tribal governments' 
                ability to effectively deliver services; and
                    (D) empower State, local, and tribal governments 
                and private, nonprofit organizations to be innovative 
                in creating programs that meet the unique needs of 
                their communities while continuing to address national 
                policy goal.

SEC. 303. PURPOSES.

    The purposes of this Act are to--
            (1) improve the delivery of services to the public;
            (2) promote State, local and tribal governments and 
        private, non-profit organizations and consortiums to identify 
        goals to improve their communities and the lives of their 
        citizens;
            (3) enable eligible applicants to adapt programs of Federal 
        financial assistance to the particular needs of their 
        communities by integrating programs and program funds across 
        existing Federal financial assistance programs that have 
        similar goals and purposes;
            (4) more effectively meet the goals and purposes of 
        Federal, State and local financial assistance programs;
            (5) empower eligible applicants to work together to build 
        stronger cooperative, intergovernmental and private 
        partnerships to address critical service problems;
            (6) place less emphasis in Federal financial assistance 
        programs on complying with procedures and more emphasis on 
        achieving Federal, State, local and tribal policy goals;
            (7) facilitate State, local, and tribal government efforts 
        to develop regional or metropolitan solutions to shared 
        problems; and
            (8) improve intergovernmental efficiency.

SEC. 304. DEFINITIONS.

    For purposes of this Act:
            (1) Affected federal agency.--The term ``affected Federal 
        agency'' means the Federal agency with principal authority for 
        the administration of an eligible Federal financial assistance 
        program included in a plan.
            (2) Affected state agency.--The term ``affected State 
        agency'' means--
                    (A) any State agency with authority for the 
                administration of any State program or eligible Federal 
                financial assistance program; and
                    (B) with respect to education programs, the term 
                shall include the State Education Agency as defined by 
                the Elementary and Secondary Education Act and the 
                Higher Education Act.
            (3) Approved flexibility plan.--The term ``approved 
        flexibility plan'' means a flexibility plan or that part of a 
        flexibility plan, that is approved by the Community Empowerment 
        Board under section 8.
            (4) Board.--The term ``Board'' means the Community 
        Empowerment Board established under section 5.
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (6) Eligible Applicant.--The term ``eligible applicant'' 
        means a State, local, or tribal government, qualified 
        organization, or qualified consortium that is eligible to 
        receive financial assistance under 1 or more eligible Federal 
        financial assistance program.
            (7) Eligible federal financial assistance program.--The 
        term ``eligible Federal financial assistance program''--
                    (A) except as provided in subparagraph (B), means a 
                domestic assistance program (as defined under section 
                6101(4) of title 31, United States Code) under which 
                financial assistance is available, directly or 
                indirectly, to a State, local, or tribal government or 
                a qualified organization to carry out activities 
                consistent with national policy goals; and
                    (B) does not include--
                            (i) a Federal program under which direct 
                        financial assistance is provided by the Federal 
                        Government directly to an individual 
                        beneficiary of that financial assistance, or to 
                        a State to provide direct financial assistance, 
                        or to a State to provide direct financial or 
                        food voucher assistance directly to an 
                        individual beneficiary;
                            (ii) a program carried out with direct 
                        spending (as defined in section 250(c)(8) of 
                        the Balanced Budget and Emergency Deficit 
                        Control Act of 1985 (2 U.S.C. 900(c)(8)); or
                            (iii) a program of assistance referred to 
                        in section 6101(4)(A)(ix) of title 31, United 
                        States Code or Section 3(10) of the 
                        Congressional Budget Act of 1974.
                            (iv) any project specially designated in an 
                        appropriations act or its accompanying report.
            (10) Flexibility plan.--The term ``flexibility plan'' means 
        a comprehensive plan or part of such plan for the coordination 
        or integration and the administration by an eligible applicant 
        of financial assistance provided by the Federal Government 
        under two or more eligible Federal financial assistance 
        programs that includes funds from Federal, State, local, or 
        tribal government or private sources to address the service 
        needs of a community.
            (11) Goals and purposes.--The term ``goals and purposes'' 
        means the goals and purposes embodied in an eligible Federal 
        financial assistance program, including the targeted population 
        embodied in that program.
            (12) Local government.--The term ``local government'' 
        means--
                    (A) a political subdivision of a State that is a 
                unit of general local government (as defined under 
                section 6501 of title 31, United States Code);
                    (B) any combination of political subdivisions 
                described in subparagraph (A) that submits an 
                application to the Board; or
                    (C) a local educational agency as defined under 
                section 14101(18) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 8801(18)).
            (13) Qualified Consortium.--The term ``qualified 
        consortium'' means a group that is composed of two or more 
        qualified organizations, State, local, or tribal agencies that 
        receive federally appropriated funds.
            (14) Qualified Organization.--The term ``qualified 
        organization'' means a private, nonprofit organization 
        described in section 501(c)(3) of the Internal Revenue Code of 
        1986 (26 U.S.C. 501(c)(3)) that is exempt from taxation under 
        section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 
        501(a)).
            (15) Small Government.--The term ``small government'' means 
        any small governmental jurisdiction defined in section 601(5) 
        of title 5, United States Code, and a tribal government.
            (16) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, Puerto Rico, American Samoa, 
        Guam, and the Virgin Islands.
            (17) State legislative official.--The term ``State 
        legislative official'' means--
                    (A) the presiding officer of a chamber of a State 
                legislature; and
                    (B) the minority leader of a chamber of a State 
                legislature.
            (18) Tribal government.--The term ``tribal government'' 
        means the governing entity of an Indian tribe, as that term is 
        defined in the Indian Self Determination and Education 
        Assistance Act (25 U.S.C. 450b).

SEC. 305. ESTABLISHMENT OF COMMUNITY EMPOWERMENT BOARD.

    (a) In General.--There is established a Community Empowerment 
Board, which shall consist of--
            (1) the Secretary of Housing and Urban Development;
            (2) the Secretary of Health and Human Services;
            (3) the Secretary of Agriculture;
            (4) the Secretary of Transportation;
            (5) the Secretary of Education;
            (6) the Secretary of Commerce;
            (7) the Secretary of Labor;
            (8) the Secretary of the Treasury;
            (9) the Attorney General;
            (10) the Secretary of the Interior;
            (11) the Secretary of Energy;
            (12) the Secretary of Veterans Affairs;
            (13) the Secretary of Defense;
            (14) the Director of the Federal Emergency Management 
        Agency;
            (15) the Administrator of the Environmental Protection 
        Agency;
            (16) the Director of the National Drug Control Policy;
            (17) the Administrator of the Small Business 
        Administration;
            (18) the Director of the Office of Management and Budget;
            (19) the Administrator of General Services; and
            (20) other officials of the Executive Branch as directed by 
        the President.
    (b) Chair.--The President shall designate the Chair of the Board 
from among its members.
    (c) Functions.--
            (1) In general.--The Board shall--
                    (A) no later than 180 days after implementation of 
                this Act, select 6 states to participate in this Act;
                    (B) receive, review, and approve or disapprove 
                flexibility plans in accordance with section 7;
                    (C) consider all requests for technical assistance 
                from eligible applicants and, when appropriate, provide 
                or direct that an affected Federal agency provide the 
                head of an agency that administers an eligible Federal 
                financial assistance program under which substantial 
                Federal financial assistance would be provided under 
                the plan to provide technical assistance to the 
                eligible applicant, and to the extent permitted by law, 
                special assistance to interested small governments to 
                support the development and implementation of a 
                flexibility plan, which may include expedited 
                processing;
                    (D) in consultation with the Director, monitor the 
                progress of development and implementation of 
                flexibility plans;
                    (E) in consultation with the Director, coordinate 
                and assist Federal agencies in identifying regulations 
                of eligible Federal financial assistance programs for 
                revision, repeal and coordination;
                    (F) evaluate performance standards and evaluation 
                criteria for eligible Federal financial assistance 
                programs, and make specific recommendations to agencies 
                regarding how to revise such standards and criteria in 
                order to establish specific performance and outcome 
                measures upon which the success of such programs and 
                the success of the plan may be compared and evaluated; 
                and
                    (G) designate a Federal agency to be primarily 
                responsible for the oversight, monitoring, and 
                evaluation of the implementation of a plan.
            (2) Qualifications for states.--Of the 6 States selected 
        for participation under paragraph 1--
                    (A) 3 States shall each have a population of 
                3,500,000 or more as determined under the most recent 
                decennial census; and
                    (B) 3 States shall each have a population of 
                3,500,000 or less as determined under the most recent 
                decennial census.
    (d) Coordination and Assistance.--The Director, in consultation 
with the Board, shall coordinate and assist Federal agencies in 
creating--
            (1) a uniform application to be used to apply for 
        assistance from eligible Federal financial assistance programs;
            (2) a release form to be used by grantees to facilitate, 
        where appropriate and otherwise lawful, the sharing of 
        information across eligible Federal financial assistance 
        programs; and
            (3) a system wherein an organization or consortium of 
        organizations may use one proposal to apply for funding from 
        multiple eligible Federal financial assistance programs.
    (e) Details and Assignments to Board.--At the request of the Board 
and with the approval of the appropriate Federal agency, staff of the 
agency may be detailed or assigned to the Board on a nonreimbursable 
basis.
    (f) Interagency Financing.--Notwithstanding any other law, 
interagency financing is authorized to carry out the purposes of this 
Act.
    (g) Judicial Review.--The actions of the Board shall not be subject 
to judicial review.

SEC. 306. APPLICATION FOR APPROVAL OF FLEXIBILITY PLAN.

    (a) In General.--An eligible applicant may submit to the Board in 
accordance with this section an application for approval of a 
flexibility plan.
    (b) Contents of Application.--An application submitted under this 
section shall include--
            (1) a proposed flexibility plan that complies with 
        subsection (c);
            (2) written certification by the chief executive of the 
        applicant, and such additional assurances as may be required by 
        the Board, that--
                    (A) the applicant has the ability, authority, and 
                resources to implement the proposed plan, throughout 
                the geographic area in which the proposed plan is 
                intended to apply;
                    (B) amounts are available from non-Federal sources 
                to pay the non-Federal share of all eligible Federal 
                financial assistance programs included in the proposed 
                plan; and
                    (C) the flexibility plan prohibits the integration 
                or combination of program funds across existing Federal 
                financial assistance programs which do not have similar 
                goals and purposes.
            (3) all comments on the proposed plan submitted under 
        subsection (d) by a Governor, affected State agency, State 
        legislative official, or a chief executive of a local or tribal 
        government that would be directly affected by implementation of 
        the proposed plan, and the applicant's responses to those 
        comments;
            (4) written documentation that the eligible applicant 
        informed the affected community of the contents of the plan and 
        gave the public and the affected population the opportunity to 
        comment upon the plan, including at least one public hearing 
        involving agencies, qualified organizations, eligible intended 
        beneficiaries of the plan, and others directly affected by the 
        plan;
            (5) the public comments, which shall include the comments 
        of the affected population, received on the plan and the 
        applicant's responses to the significant comments; and
            (6) other relevant information the Board may require to 
        review or approve the proposed plan.
    (c) Contents of Plan.--A flexibility plan submitted by an eligible 
applicant under this section shall include--
            (1) the geographic area and timeframe to which the plan 
        applies and the rationale for selecting the area and timeframe;
            (2) the particular groups of individuals, by service needs, 
        economic circumstances, or other defining factors, who 
        currently receive services and benefits under the eligible 
        Federal financial assistance programs included in the plan and 
        the particular groups of individuals, by service needs, 
        economic circumstances, or other defining factors who would 
        receive services and benefits under the plan;
            (3) the specific goals and measurable performance criteria 
        that demonstrate how the plan is expected to improve the 
        delivery and effectiveness of services to the targeted 
        population, including--
                    (A) a description of how performance shall be 
                measured under the plan when compared to the current 
                performance of the eligible Federal financial 
                assistance programs included in the plan; and
                    (B) a system for the comprehensive evaluation of 
                the impact of the plan on individuals who receive 
                services and benefits in the community affected by the 
                plan, that shall include--
                            (i) a list of goals to improve the 
                        community and the lives of its citizens in the 
                        geographic area covered by the plan;
                            (ii) a list of goals identified by the 
                        State in which the plan is to be implemented, 
                        if such goals have been established by the 
                        State; and
                            (iii) a description of how the plan will--
                                    (I) attain the goals listed in 
                                clauses (i) and (ii);
                                    (II) measure performance; and
                                    (III) collect and maintain data;
            (4) the eligible Federal financial assistance programs 
        included in the plan and the specific services and benefits to 
        be provided under the plan under such programs, including--
                    (A) criteria for determining eligibility for 
                services and benefits under the plan;
                    (B) the services and benefits available under the 
                plan;
                    (C) the amounts and form (such as cash, in-kind 
                contributions, or financial instruments) of non-service 
                benefits; and
                    (D) any other descriptive information the Board 
                considers necessary to approve the plan;
            (5) a description of the goals and purposes of each Federal 
        financial assistance program included in the plan and how the 
        goals and purposes of such programs shall more effectively be 
        met at the State, local and tribal level;
            (6) a general description of how the plan appropriately 
        addresses any effect that administration of each eligible 
        Federal financial assistance program included in the plan would 
        have on the administration of programs not included in the 
        plan;
            (7) a description of how the flexibility plan will 
        adequately achieve the purposes of this Act;
            (8) except for the requirements described under section 
        7(f)(3), any Federal statutory or regulatory requirement of an 
        eligible Federal financial assistance program included in the 
        plan, the waiver of which is necessary to implement the plan, 
        and the detailed justification for the waiver request;
            (9) any State, local, or tribal statutory, regulatory, or 
        other requirement, the waiver of which is necessary to 
        implement the plan, and an indication of commitment of the 
        appropriate State, local, or tribal governments to grant such 
        waivers;
            (10) a description of the Federal fiscal control and 
        related accountability procedures to be followed under the 
        flexibility plan and, as necessary, an explanation of how such 
        procedures will not diminish existing Federal requirements;
            (11) a description of the sources and amounts of all non-
        Federal funds that are required to carry out eligible Federal 
        financial assistance programs included in the plan;
            (12) verification that Federal funds made available under 
        the plan will not supplant non-Federal funds for existing 
        services and activities that promote the goals of the plan;
            (13) verification that none of the Federal funds under the 
        plan would be used to--
                    (A) meet maintenance of effort requirements of such 
                an activity; or
                    (B) meet State, local, or tribal matching shares; 
                and
            (14) any other relevant information the Board may require 
        to approve the plan;
    (d) Procedure for Applying.--
            (1) Submission to affected state and local governments.--An 
        eligible applicant shall submit an application for approval of 
        a proposed flexibility plan to each State government and each 
        local government that the applicant deems to be directly 
        affected by the plan, at least 60 days before submitting the 
        application to the Board.
            (2) Review by affected government.--The Governor, affected 
        State agency head, State legislative official, and the chief 
        executive officer of a local government that receives an 
        application submitted under paragraph (1) may each, by no later 
        than 60 days after the date of that receipt--
                    (A) prepare comments on the proposed flexibility 
                plan included in the application;
                    (B) describe and make commitments to waive any 
                State or local laws or other requirements which are 
                necessary for successful implementation of the proposed 
                plan; and
                    (C) submit the comments and commitments to the 
                eligible applicant.
            (3) Submittal to board.--Applications for approval of a 
        flexibility plan shall only be submitted to the Board between--
                    (A) October 1, 1997 and March 31, 1998; or
                    (B) October 1, 1998 and March 31, 1999.
            (4) Action by affected government.--If the Governor, 
        affected State agency head, State legislative official or the 
        chief executive officer of a local government--
                    (A) fails to act on or otherwise endorse a plan 
                application within 60 days after receiving an 
                application under paragraph (1);
                    (B) does not make and submit to the eligible 
                applicant the commitments described in paragraph (2) 
                (A) and (B); or
                    (C) disagrees with all or part of the proposed 
                flexibility plan; the eligible applicant may submit the 
                application to the Board if the application is amended 
                as necessary for the successful implementation of the 
                proposed plan without the commitment made under 
                paragraph (2)(B), including by adding an 
updated description of the ability of the proposed flexibility plan to 
meet plan goals and satisfy performance criteria in the absence of 
statutory and regulatory waivers and financial and technical support 
from the State or local government.
    (e) Tribal Sovereignty.--Nothing under this Act shall be construed 
to affect, or otherwise alter, the sovereign relationship between 
tribal governments and the Federal Government.
    (f) Eligibility for Other Assistance.--Disapproval by the Board of 
a flexibility plan submitted by an eligible applicant under this Act 
shall not affect the eligibility of the applicant for assistance under 
any Federal program.
    (g) State, Local, or Tribal Authority.--Nothing in this Act shall 
be construed to grant the Board, Federal agency, or any eligible 
applicant authority to waive or otherwise preempt--
            (1) any State, local, or tribal law or regulation including 
        the legal authority under State law of any affected State 
        agency, State entity, or public official over programs that are 
        under the jurisdiction of the agency, entity or official; or
            (2) the existing authority of a State, local, or tribal 
        government or qualified organization or consortium with respect 
        to an eligible Federal financial assistance program included in 
        the plan unless such entity, has consented to the terms of the 
        plan.

SEC. 307. REVIEW AND APPROVAL OF FLEXIBILITY PLANS AND WAIVER REQUESTS.

    (a) Review of Applications.--Upon receipt of an application for 
approval of a proposed flexibility plan, the Board shall notify the 
eligible applicant as to whether or not the plan is complete. If the 
Board determines a plan is complete, the Board shall--
            (1) establish procedures for consultation with the 
        applicant during the review process;
            (2) publish notice of the application for approval in the 
        Federal Register and make available the contents to any 
        interested party upon written request;
            (3) if appropriate, coordinate public hearings on the plan 
        by either the Board or the appropriate Federal agency;
            (4) approve or disapprove plans submitted under--
                    (i) section 6(d)(3)(A) no later than July 31, 1998; 
                or
                    (ii) section 6(d)(3)(B) no later than July 31, 
                1999;
            (5) in the case of any disapproval of a plan, include 
        written justification of the reasons for disapproval in the 
        notice of disapproval sent to the applicant;
            (6) publicly announce and forward to Congress on July 31, 
        1998 and July 31, 1999, the list of approved flexibility plans, 
        including an identification of approved plans that request 
        statutory or regulatory waivers and the identification of such 
        requested waivers.
    (b) Approval.--
            (1) In general.--The Board may approve a flexibility plan 
        for which an application is submitted by an eligible applicant 
        under this Act, if the Board determines that--
                    (A) the contents of the application for approval of 
                the plan comply with the requirements of this Act; and
                    (B) the contents of the flexibility plan indicate 
                that the plan will effectively achieve the purposes of 
                this Act described in section 3 by adhering to the 
                conditions described in sections 6 and 7;
            (2) Restriction.--(A) The Board may approve no more than 30 
        plans; and
            (B) only three approved plans may be submitted by State 
        applicants.
            (3) Requirement to disapprove plan.--The Board must 
        disapprove a flexibility plan if the Board determines that--
                    (A) implementation of the plan would result in any 
                increase in the total amount of obligations or outlays 
                of discretionary appropriations or direct spending 
                under Federal financial assistance programs, over the 
                amounts of such obligations and outlays that would 
                occur under those programs without implementation of 
                the plan; or
                    (B) the flexibility plan fails to comply with 
                paragraph (1).
            (4) Specification of period of effectiveness.--In approving 
        any flexibility plan, the Board shall specify the period during 
        which the plan is effective, which in no case shall be greater 
        than 5 years from the date of approval.
    (d) Memoranda of Understanding Required.--
            (1) In general.--An approved flexibility plan may not take 
        effect until the Board receives a signed memorandum of 
        understanding agreed to by the eligible applicant that would 
        receive Federal financial assistance administered under the 
        flexibility plan and by each affected Federal agency.
            (2) Contents.--A memorandum of understanding under this 
        subsection shall specify all understandings that have been 
        reached by the affected Federal agencies and the eligible 
        applicant. The memorandum shall include understandings with 
        respect to--
                    (A) the conditions described in sections 6 and 7;
                    (B) the effective dates of all State, local, or 
                tribal government waivers;
                    (C) technical or special assistance being provided 
                to the eligible applicant;
            and
                    (D) the effective date and timeframe of the plan 
                and each Federal waiver approved in the plan;
                    (E)(i) the total amount of Federal funds that will 
                be provided as services and benefits under or used to 
                administer eligible Federal financial assistance 
                programs included in the plan; or
                    (ii) a mechanism for determining that amount, 
                including specification of the total amount of Federal 
                funds that will be provided or used under each eligible 
                Federal financial assistance program included in the 
                plan.
            (3) Condition for approval of waiver request.--Prior to 
        entrance into the memorandum with an eligible applicant, the 
        affected Federal agencies may approve a waiver if it is 
        consistent with the goals and purposes of the eligible Federal 
        financial assistance program included in the plan.
    (e) Limitation on Confidentiality Requirements.--The Board may not, 
as a condition of approval of a flexibility plan or with respect to the 
implementation of an approved flexibility plan, establish any 
confidentiality requirement that would--
            (1) impede the exchange of information needed for the 
        design or provision of services and benefits under the plans; 
        or
            (2) conflict with law.
    (f) Limitation on the Use of Funds.--The Board may not approve any 
plan that includes funds under an eligible Federal financial assistance 
program to--
            (1) to support tuition vouchers for children attending 
        private preschool, elementary, or secondary schools, including 
        before and after school programs; or
            (2) otherwise pay their cost of attending such schools.
    (g) Waivers of Federal Requirements.--
            (1) In general.--Notwithstanding any other law and subject 
        to the provisions of this Act, including paragraphs (2) and 
        (3), affected Federal agencies may waive, for a period of time 
        not to exceed 5 years from the date the Board receives a signed 
        memorandum of understanding, any statutory or regulatory 
        requirement of an eligible Federal assistance program included 
        in an approved flexibility plan of an eligible applicant if 
        that waiver is--
                    (A) necessary for implementation of the flexibility 
                plan;
                    (B) not disapproved by the Board; and
                    (C) necessary to effectively achieve the purposes 
                of this Act described in section 3 by adhering to the 
                conditions described in sections 6 and 7;
            (2) Effective period of waiver.--A waiver granted under 
        this section shall terminate on the earlier of--
                    (A) the expiration of a period specified by the 
                affected Federal agency not to exceed five years from 
                the date the Board receives the signed memorandum of 
                understanding; or
                    (B) any date on which the flexibility plan for 
                which the waiver is granted ceases to be effective;
            (3) Restriction on waiver authority.--An affected Federal 
        agency may not grant a waiver for a statutory or regulatory 
        requirement of an eligible Federal financial assistance program 
        requested under this section that--
                    (A) may be waived under another provision of law 
                except in accordance with the requirements and 
                limitations imposed by that other provision of law;
                    (B) enforces statutory or constitutional rights of 
                individuals including the right to equal access and 
                opportunity in housing and education, including any 
                requirement under the Individuals with Disabilities 
                Education Act (20 U.S.C. 1400 et seq);
                    (C) enforces any civil rights that prohibit 
                discrimination on the basis of race, color, religion, 
                sex, national origin, age, handicap, or disability;
                    (D) protects public health and safety, the 
                environment, labor standards, worker rights, health and 
                pension benefits and worker health safety;
                    (E) provides for a maintenance of effort, matching 
                share or prohibition on supplanting; or
                    (F) grants any person a cause of action.

SEC. 308. IMPLEMENTATION, AMENDING AND TERMINATION OF APPROVED 
              FLEXIBILITY PLANS.

    (a) Implementation.--
            (1) The Board, in consultation with the Director, shall 
        issue guidance to implement this Act within 180 days after the 
        date of enactment of this Act.
            (2) Notwithstanding any other law, any service or benefit 
        that is provided under an eligible Federal financial assistance 
        program included in an approved flexibility plan shall be paid 
        and administered in the manner specified in the approved 
        flexibility plan.
            (3) The authority provided under this Act to waive 
        provisions of grant agreements may be exercised only as long as 
        the funds provided for the grant program in question are 
        available for obligation by the Federal Government.
    (b) Amending of Flexibility Plan.--
            (1) In the event that an eligible applicant--
                    (A) desires an amendment to an approved flexibility 
                plan in order to better meet the purposes of this Act; 
                or
                    (B) requires an amendment to ensure continued 
                implementation of an approved flexibility plan, the 
                applicant shall--
                            (i) submit the proposed amendment to the 
                        Board for review and approval; and
                            (ii) upon approval, enter into a revised 
                        memorandum of understanding with the affected 
                        Federal agency.
            (2) Approval by the Board and, when appropriate, affected 
        Federal agency, shall be based upon the same conditions 
        required for approval of a flexibility plan.
    (c) Termination of Plan.--
            (1) Termination of plan by board.--
                    (A) In general.--The Board shall terminate an 
                approved flexibility plan, if, after consultation with 
                the affected Federal agencies, the Board determines 
                that--
                            (i) the applicant of the approved 
                        flexibility plan is unable to meet the 
                        commitments under this Act; or
                            (ii) audit or oversight activities 
                        determine there has been fraud or abuse 
                        involving Federal funds under the plan.
                    (B) Transition period.--In terminating an approved 
                flexibility plan under this paragraph, the Board shall 
                allow a reasonable period of time for appropriate 
                Federal agencies and eligible applicants to resume 
                administration of Federal programs that are eligible 
                Federal financial assistance programs included in the 
                plan.
            (2) Revocation of waiver.--
                    (A) The Board may recommend that an affected 
                Federal agency, and an affected Federal agency may, 
                revoke a waiver under section 7(f) if the applicant of 
                the approved flexibility plan fails to--
                            (i) comply with the requirements of the 
                        plan;
                            (ii) make acceptable progress towards 
                        achieving the goals and performance criteria 
                        set forth in the plan; or
                            (iii) use funds in accordance with the 
                        plan.
            (B) Affected Federal agencies shall revoke all waivers 
        issued under section 7(f) for a flexibility plan if the Board 
        terminates the plan.
            (C) Explanation required.--In the case of termination of a 
        plan or revocation of a waiver, as appropriate, the Board or 
        affected Federal agencies shall provide for the former eligible 
        applicant a written justification of the reasons for 
        termination or revocation.

SEC. 309. EVALUATIONS AND REPORTS.

    (a) Approved Applicants.--
            (1) In general.--An applicant of an approved flexibility 
        plan, in accordance with guidance issued by the Board, shall--
                    (A) submit any reports on and cooperate in any 
                audits of the implementation of its approved 
                flexibility plan; and
                    (B) monitor the effect implementation of the plan 
                has had on--
                            (i) individuals who receive services and 
                        benefits under the plan;
                            (ii) communities in which those individuals 
                        live;
                            (iii) costs of administering and providing 
                        assistance under eligible Federal financial 
assistance programs included in the plan; and
                            (iv) performance of the eligible Federal 
                        financial assistance programs included in the 
                        plan compared to the performance of such 
                        programs prior to implementation of the plan.
            (2) Initial 1-year report.--No later than 90 days after the 
        end of the 1-year period beginning on the date the plan takes 
        effect, and annually thereafter, the approved applicant, 
        respectively, shall submit to the Board a report on the 
        principal activities, achievements, and shortcomings under the 
        plan during the period covered by the report, comparing those 
        achievements and shortcomings to the goals and performance 
        criteria included in the plan under section 6(c)(3).
            (3) Final report.--No later than 120 days after the end of 
        the effective period of an approved flexibility plan, the 
        approved applicant shall submit to the Board a final report on 
        implementation of the plan, including a full evaluation of the 
        successes and shortcomings of the plan and the effects of that 
        implementation on individuals who receive benefits under the 
        eligible Federal financial assistance programs under the plan.
    (b) Board.--No later than two years after the date of the enactment 
of this Act, and annually thereafter, the Board shall submit a report 
to the President and the Congress on the Federal statutory and 
regulatory requirements of eligible Federal financial assistance 
programs that are most frequently waived under section 7(f) with 
respect to approved flexibility plans. The President shall review the 
report and identify those statutory and regulatory requirements that 
the President determines should be amended or repealed.
    (c) Director.--Two years after this Act goes into effect, and no 
less than 60 days after repeal of this Act, the Director shall report 
on its progress in achieving the functions outlined in section 5(d).
    (d) General Accounting Office.--
            (1) Beginning on the date of enactment of this Act, the 
        General Accounting Office shall--
                    (A) evaluate the effectiveness of eligible Federal 
                financial assistance programs included in flexibility 
                plans approved pursuant to this Act compared with such 
                programs not included in a flexibility plan;
                    (B) establish and maintain, through the effective 
                date of this statute, a program for the ongoing 
                collection of data and analysis of each eligible 
                Federal financial assistance program included in an 
                approved flexibility plan.
            (2) No later than January 1, 2005, the General Accounting 
        Office shall submit a report to Congress and the President that 
        describes and evaluates the results of the evaluations 
        conducted pursuant to paragraphs (1) and any recommendations on 
        how to improve flexibility in the administration of eligible 
        Federal financial assistance programs.
    (e) Advisory Commission on Intergovernmental Relations.--No later 
than January 1, 2005, the Advisory Commission on Intergovernmental 
Relations shall submit a report to the Congress and President that--
            (1) describes the extent to which this Act has improved the 
        ability of State, local and tribal governments, particularly 
        smaller units of government, to make more effective use of two 
        or more Federal financial assistance programs included in a 
        flexibility plan;
            (2) evaluates if or how the flexibility provided by this 
        Act has improved the system of Federal financial assistance to 
        State, local and tribal governments, and enabled governments 
        and community organizations to work together more effectively; 
        and
            (3) includes recommendations with respect to flexibility 
        for State, local and tribal governments.

SEC. 310. REPEAL.

    This Act is repealed on January 1, 2005.

SEC. 311. DELIVERY DATE OF FEDERAL CONTRACT, GRANT, AND ASSISTANCE 
              APPLICATIONS.

    (a) General Rule.--
            (1) Date of delivery.--The Director of the Office of 
        Management and Budget shall direct all Federal agencies to 
        develop a consistent policy relating to Federal contract, 
        grant, and other assistance applications which stipulates that 
        if any bid, grant application, or other document required to be 
        filled within a prescribed period or on or before a prescribed 
        date is, after such period or such date, delivered by United 
        States mail to the agency, officer, or office with which such 
        bid, grant application, or other document is required to be 
        made, the date of the United States postmark stamped on the 
        cover in which such bid, grant application, or other document 
        is mailed shall be deemed to be the date of delivery, as the 
        case may be.
            (2) Mailing requirements.--This subsection applies only 
        if--
                    (A) the postmark date falls within the prescribed 
                period or on or before the prescribed date for the 
                filing (including any extension granted for such 
                filing) of   the bid, grant application, or other 
                document; and
                    (B) the bid, grant application, or other document 
                was, within the time prescribed in subparagraph (A), 
                deposited in the mail in the United States in an 
                envelope or other appropriate wrapper, postage prepaid, 
                properly addressed to the agency, officer, or office 
                with which the bid, grant application, or other 
                document is required to be made.
    (b) Postmarks.--This section shall apply in the case of postmarks 
not made by the United States Postal Service only if and to the extent 
provided by the regulations prescribed by Federal agencies.
    (c) Registered and Certified Mailing.--
            (1) Registered mail.--For purposes of this section, if any 
        such bid, grant application, or other document is sent by 
        United States registered mail--
                    (A) such registration shall be prima facie evidence 
                that the bid, grant application, or other document was 
                delivered to the agency, officer, or office to which 
                addressed; and
                    (B) the date of registration shall be deemed the 
                postmark date.
            (2) Certified mail.--Federal agencies are authorized to 
        provide by regulations the extent to which the provisions of 
        paragraph (1) of this subsection with respect to prima facie 
        evidence of delivery and the postmark date shall apply to 
        certified mail.
    (d) Effective date.--This section shall take effect on the date of 
the enactment of this Act and shall remain in effect notwithstanding 
section 10 of this Act.

      DIVISION2--ECONOMICGROWTH AND REGULATORY PAPERWORK REDUCTION

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Economic 
Growth and Regulatory Paperwork Reduction Act of 1996''.
    (b) Table of Contents.--The table of contents for this division is 
as follows:

     DIVISION 2--ECONOMIC GROWTH AND REGULATORY PAPERWORK REDUCTION

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
        TITLE I--STREAMLINING THE HOME MORTGAGE LENDING PROCESS

Sec. 101. Simplification and unification of disclosures required under 
                            RESPA and TILA for mortgage transactions.
Sec. 102. Elimination of redundant regulators.
Sec. 103. General exemption authority for loans.
Sec. 104. Reductions in Real Estate Settlement Procedures Act of 1974 
                            regulatory burdens.
Sec. 105. Co-branding and affinity group endorsements.
Sec. 106. Waiver for certain borrowers.
Sec. 107. Alternative disclosures for adjustable rate mortgages.
Sec. 108. Restitution for violations of the Truth in Lending Act.
Sec. 109. Limitation on liability under the Truth in Lending Act.
              TITLE II--STREAMLINING GOVERNMENT REGULATION

    Subtitle A--Eliminating Unnecessary Regulatory Requirements and 
                               Procedures

Sec. 201. Elimination of certain filing and approval requirements for 
                            certain insured depository institutions.
Sec. 202. Elimination of redundant approval requirement for Oakar 
                            transactions.
Sec. 203. Elimination of duplicative requirements imposed upon bank 
                            holding companies.
Sec. 204. Elimination of the per branch capital requirement for 
                            national banks and State member banks.
Sec. 205. Elimination of branch application requirements for automatic 
                            teller machines.
Sec. 206. Elimination of requirement for approval of investments in 
                            bank premises for well capitalized and well 
                            managed banks.
Sec. 207. Elimination of approval requirement for divestitures.
Sec. 208. Streamlined nonbanking acquisitions by well capitalized and 
                            well managed banking organizations.
Sec. 209. Elimination of unnecessary filing for officer and director 
                            appointments.
Sec. 210. Amendments to the Depository Institution Management 
                            Interlocks Act.
Sec. 211. Elimination of recordkeeping and reporting requirements for 
                            officers.
Sec. 212. Repayment of Treasury loan.
Sec. 213. Branch closures.
Sec. 214. Foreign banks.
Sec. 215. Disposition of foreclosed assets.
Sec. 216. Exemption authority for antitying provision.
Sec. 217. FDIC approval of new State bank powers.
         Subtitle B--Eliminating Unnecessary Regulatory Burdens

Sec. 221. Small bank examination cycle.
Sec. 222. Required review of regulations.
Sec. 223. Repeal of identification of nonbank financial institution 
                            customers.
Sec. 224. Repeal of certain reporting requirements.
Sec. 225. Increase in home mortgage disclosure exemption threshold.
Sec. 226. Elimination of stock loan reporting requirement.
Sec. 227. Credit availability assessment.
                 Subtitle C--Regulatory Micromanagement

Sec. 241. National bank directors.
Sec. 242. Paperwork reduction review.
Sec. 243. State bank representation on board of directors of the FDIC.
Sec. 244. Consultation among examiners.
 TITLE III--REGULATORY IMPACT ON COST OF CREDIT AND CREDIT AVAILABILITY

Sec. 301. Audit costs.
Sec. 302. Incentives for self-testing.
Sec. 303. Qualified thrift investment amendments.
Sec. 304. Limited purpose banks.
Sec. 305. Amendment to Fair Debt Collection Practices Act.
Sec. 306. Increase in certain credit union loan ceilings.
Sec. 307. Bank investments in Edge Act and agreement corporations.
                       TITLE IV--CONSUMER CREDIT

                  Subtitle A--Credit Reporting Reform

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Furnishing consumer reports; use for employment purposes.
Sec. 404. Use of consumer reports for prescreening and direct 
                            marketing; prohibition on unauthorized or 
                            uncertified use of information.
Sec. 405. Consumer consent required to furnish consumer report 
                            containing medical information.
Sec. 406. Obsolete information and information contained in consumer 
                            reports.
Sec. 407. Compliance procedures.
Sec. 408. Consumer disclosures.
Sec. 409. Procedures in case of the disputed accuracy of any 
                            information in a consumer's file.
Sec. 410. Charges for certain disclosures.
Sec. 411. Duties of users of consumer reports.
Sec. 412. Civil liability.
Sec. 413. Responsibilities of persons who furnish information to 
                            consumer reporting agencies.
Sec. 414. Investigative consumer reports.
Sec. 415. Increased criminal penalties for obtaining information under 
                            false pretenses.
Sec. 416. Administrative enforcement.
Sec. 417. State enforcement of Fair Credit Reporting Act.
Sec. 418. Federal Reserve Board Authority.
Sec. 419. Preemption of State law.
Sec. 420. Effective date.
Sec. 421. Relationship to other law.
                Subtitle B--Credit Repair Organizations

Sec. 451. Regulation of credit repair organizations.
Sec. 452. Credit worthiness.
 TITLE V--ASSET CONSERVATION, LENDER LIABILITY, AND DEPOSIT INSURANCE 
                               PROTECTION

Sec. 501. Short title.
Sec. 502. CERCLA lender and fiduciary liability limitations amendments.
Sec. 503. Conforming amendment.
Sec. 504. Lender liability rule.
Sec. 505. Effective date.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Federal Reserve study.
Sec. 602. Treatment of claims arising from breach of contracts executed 
                            by the receiver or conservator.
Sec. 603. Criminal sanctions for fictitious financial instruments and 
                            counterfeiting.
Sec. 604. Amendments to the Truth in Savings Act.
Sec. 605. Consumer Leasing Act amendments.
Sec. 606. Study of corporate credit unions.
Sec. 607. Report on the reconciliation of differences between 
                            regulatory accounting principles and 
                            generally accepted accounting principles.
Sec. 608. State-by-State and metropolitan area-by-metropolitan area 
                            study of bank fees.
Sec. 609. Prospective application of gold clauses in contracts.
Sec. 610. Qualified family partnerships.
Sec. 611. Cooperative efforts between depository institutions and 
                            farmers and ranchers in drought-stricken 
                            areas.
                   TITLE VII--DEPOSIT INSURANCE FUNDS

Sec. 701. Short title.
Sec. 702. Special assessment to capitalize SAIF.
Sec. 703. Financing corporation funding.
Sec. 704. Merger of BIF and SAIF.
Sec. 705. Creation of SAIF Special Reserve.
Sec. 706. Refund of amounts in Deposit Insurance Fund in excess of 
                            designated reserve amount.
Sec. 707. Assessment rates for SAIF members may not be less than 
                            assessment rates for BIF members.
Sec. 708. Assessments authorized only if needed to maintain the reserve 
                            ratio of a Deposit Insurance Fund.
Sec. 709. Treasury study of common depository institution charter.
Sec. 710. Definitions.

SEC. 2. DEFINITIONS.

    Unless otherwise specified in this division, for purposes of this 
division--
            (1) the term ``Appraisal Subcommittee'' means the Appraisal 
        Subcommittee established under section 1011 of the Federal 
        Financial Institutions Examination Council Act of 1978 (as in 
        existence on the day before the date of enactment of this Act);
            (2) the term ``appropriate Federal banking agency'' has the 
        same meaning as in section 3 of the Federal Deposit Insurance 
        Act;
            (3) the term ``Board'' means the Board of Governors of the 
        Federal Reserve System;
            (4) the term ``Corporation'' means the Federal Deposit 
        Insurance Corporation;
            (5) the term ``Council'' means the Federal Financial 
        Institutions Examination Council established under section 1004 
        of the Federal Financial Institutions Examination Council Act 
        of 1978;
            (6) the term ``insured credit union'' has the same meaning 
        as in section 101 of the Federal Credit Union Act; and
            (7) the term ``insured depository institution'' has the 
        same meaning as in section 3 of the Federal Deposit Insurance 
        Act.

        TITLE I--STREAMLINING THE HOME MORTGAGE LENDING PROCESS

SEC. 101. SIMPLIFICATION AND UNIFICATION OF DISCLOSURES REQUIRED UNDER 
              RESPA AND TILA FOR MORTGAGE TRANSACTIONS.

    (a) In General.--With respect to credit transactions which are 
subject to the Real Estate Settlement Procedures Act of 1974 and the 
Truth in Lending Act, the Board of Governors of the Federal Reserve 
System (hereafter in this section referred to as the ``Board'') and the 
Secretary of Housing and Urban Development (hereafter in this section 
referred to as the ``Secretary'') shall take such action as may be 
necessary before the end of the 6-month period beginning on the date of 
enactment of this Act--
            (1) to simplify and improve the disclosures applicable to 
        such transactions under such Acts, including the timing of the 
        disclosures; and
            (2) to provide a single format for such disclosures which 
        will satisfy the requirements of each such Act with respect to 
        such transactions.
    (b) Regulations.--To the extent that it is necessary to prescribe 
any regulation in order to effect any changes required to be made under 
subsection (a), the proposed regulation shall be published in the 
Federal Register before the end of the 6-month period referred to in 
subsection (a).
    (c) Recommendations for Legislation.--If the Board and the 
Secretary find that legislative action may be necessary or appropriate 
in order to simplify and unify the disclosure requirements under the 
Real Estate Settlement Procedures Act of 1974 and the Truth in Lending 
Act, the Board and the Secretary shall submit a report containing 
recommendations to the Congress concerning such action.

SEC. 102. ELIMINATION OF REDUNDANT REGULATORS.

    (a) Definition.--Section 3 of the Real Estate Settlement Procedures 
Act of 1974 (12 U.S.C. 2602) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(9) the term `Board' means the Board of Governors of the 
        Federal Reserve System;
            ``(10) the term `appropriate Federal banking agency' has 
        the same meaning as in section 3 of the Federal Deposit 
        Insurance Act; and''.
    (b) Conforming Amendments.--The Real Estate Settlement Procedures 
Act of 1974 (12 U.S.C. 2601 et seq.) is amended--
            (1) in section 4, by striking ``Secretary'' each place such 
        term appears and inserting ``Board'';
            (2) in section 5, by striking ``Secretary'' each place such 
        term appears and inserting ``Board'';
            (3) in section 6, by striking ``Secretary'' each place such 
        term appears and inserting ``Board'';
            (4) in section 8(d)(4), by striking ``Secretary'' and 
        inserting ``Secretary or the appropriate Federal banking 
        agency, as provided in section 20,'';
            (5) in section 10(c)(1)(C), by striking ``Not later'' and 
        all that follows through ``Act, the Secretary'', and inserting 
        ``The Board'';
            (6) in section 16, by striking ``the Secretary'' and 
        inserting ``the Secretary or the appropriate Federal banking 
        agency'';
            (7) in section 18--
                    (A) by striking ``Secretary is authorized to'' and 
                inserting ``Board or Secretary, as applicable, may''; 
                and
                    (B) by striking ``Secretary'' each place such term 
                appears and inserting ``Secretary or the Board''; and
            (8) in section 19, by amending the section heading to read 
        as follows:

``SEC. 19. AUTHORITY OF THE SECRETARY AND THE BOARD.''.

    (c) Regulations.--
            (1) In general.--Section 19(a) of the Real Estate 
        Settlement Procedures Act of 1974 (12 U.S.C. 2617(a)) is 
        amended to read as follows:
    ``(a) Regulations.--
            ``(1) In general.--The Board or the Secretary shall 
        prescribe such regulations as may be necessary to carry out 
        this title, as set forth in paragraph (3).
            ``(2) Specifications.--The regulations promulgated under 
        paragraph (1)--
                    ``(A) may contain such classifications, 
                differentiations, or other provisions, and may provide 
                for such adjustments and exceptions for any class of 
                transactions, as the Board or the Secretary, as 
                appropriate, determines to be necessary or proper to--
                            ``(i) effectuate the purposes of this 
                        title;
                            ``(ii) prevent circumvention or evasion of 
                        this title; or
                            ``(iii) facilitate compliance with this 
                        title; and
                    ``(B) shall minimize the burdens and cost imposed 
                upon creditors and shall ensure that costs, burdens, 
                and complexities to consumers are reduced, while 
                necessary information regarding the cost of financing 
                to consumers is provided.
            ``(3) Application.--
                    ``(A) Board.--The authority of the Board under 
                paragraph (1) shall apply with respect to--
                            ``(i) sections 4, 5, 6, 10, and 12; and
                            ``(ii) sections 3, 7, 17, 18, and 19, to 
                        the extent that such sections are applicable 
                        with respect to the sections described in 
                        clause (i).
                    ``(B) Secretary.--The authority of the Secretary 
                under paragraph (1) shall apply with respect to--
                            ``(i) sections 8 and 9; and
                            ``(ii) sections 3, 7, 17, 18, and 19, to 
                        the extent such sections are applicable with 
                        respect to the sections described in clause 
                        (i).''.
            (2) Conforming amendments.--Section 19 of the Real Estate 
        Settlement Procedures Act of 1974 (12 U.S.C. 2617) is amended--
                    (A) in subsection (b), by inserting ``, the 
                Board,'' after ``the Secretary'';
                    (B) in subsection (c)(1)--
                            (i) by striking ``Secretary may'' and 
                        inserting ``Secretary and the appropriate 
                        Federal banking agency may'';
                            (ii) by striking ``Secretary is'' and 
                        inserting ``Secretary and the appropriate 
                        Federal banking agency are''; and
                            (iii) by striking ``Secretary deems'' and 
                        inserting ``Secretary or the appropriate 
                        Federal banking agency deems''; and
                    (C) in subsection (c)(2), by striking ``Secretary'' 
                and inserting ``Secretary or the appropriate Federal 
                banking agency''.
    (d) Administrative Enforcement.--The Real Estate Settlement 
Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended by adding at 
the end the following new section:

``SEC. 20. ADMINISTRATIVE ENFORCEMENT.

    ``(a) In General.--Compliance with the requirements imposed under 
this title shall be enforced--
            ``(1) with respect to--
                    ``(A) any national bank or any Federal branch or 
                Federal agency of a foreign bank, by the Office of the 
                Comptroller of the Currency;
                    ``(B) any member bank of the Federal Reserve System 
                (other than a national bank), any branch or agency of a 
                foreign bank (other than a Federal branch or Federal 
                agency, or insured State branch of a foreign bank), any 
                commercial lending company owned or controlled by one 
                or more foreign banks, or any organization operating 
                under section 25 or 25A of the Federal Reserve Act, by 
                the Board;
                    ``(C) any bank insured under the Federal Deposit 
                Insurance Act (other than a member of the Federal 
                Reserve System) or any insured State branch of a 
                foreign bank, by the Board of Directors of the Federal 
                Deposit Insurance Corporation; and
                    ``(D) any savings association the deposits of which 
                are insured under the Federal Deposit Insurance Act, by 
                the Director of the Office of Thrift Supervision;
            ``(2) under the Federal Credit Union Act, by the 
        Administrator of the National Credit Union Administration with 
        respect to any Federal credit union;
            ``(3) under the Packers and Stockyards Act, 1921 (except as 
        provided in section 406 of such Act), by the Secretary of 
        Agriculture with respect to any activities subject to such Act; 
        and
            ``(4) under the Farm Credit Act of 1971, by the Farm Credit 
        Administration with respect to any institution referred to in 
        section 1.2(a) of that Act.
    ``(b) Limitations.--In exercising their powers under subsection 
(a), the appropriate Federal banking agencies shall not impose any 
penalties that exceed those provided for in this title.
    ``(c) HUD Enforcement.--Except to the extent that the enforcement 
of the requirements imposed under this title is specifically committed 
to another agency of the Federal Government under subsection (a), the 
Secretary of Housing and Urban Development shall enforce such 
requirements.''.
    (e) Transfer of Authority.--Authority to carry out the Real Estate 
Settlement Procedures Act of 1974 shall be transferred to the Board, as 
provided in the amendments made by subsections (b) and (c) of this 
section, 180 days after the enactment of this Act. Upon transfer of 
authority, all existing regulations shall remain in effect until such 
time as the Board modifies them. Not later than 180 days after the date 
of transfer, the Board shall publish any proposed changes to the 
regulations required by this division. During the 180-day period 
beginning on the date of enactment of this Act, the Secretary of the 
Treasury shall not modify, repeal, or add any regulations that will be 
transferred to the Board, as appropriate.

SEC. 103. GENERAL EXEMPTION AUTHORITY FOR LOANS.

    (a) Regulatory Flexibility.--Section 104 of the Truth in Lending 
Act (15 U.S.C. 1603) is amended--
            (1) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Transactions for which the Board, by rule, determines 
        that coverage under this title is not necessary to carry out 
        the purposes of this title.''.
    (b) Exemption Authority.--Section 105 of the Truth in Lending Act 
(15 U.S.C. 1604) is amended by adding at the end the following new 
subsection:
    ``(f) Exemption Authority.--
            ``(1) In general.--The Board may exempt from all or part of 
        this title any class of transactions for which, in the 
        determination of the Board, coverage under all or part of this 
        title does not provide a meaningful benefit to consumers in the 
        form of useful information or protection.
            ``(2) Factors for consideration.--In determining which 
        classes of transactions to exempt in whole or in part under 
        paragraph (1), the Board shall consider, among other factors--
                    ``(A) the amount of the loan or closing costs and 
                whether the disclosures, right of rescission, and other 
                provisions are necessary, particularly for small loans, 
                as determined by the Board;
                    ``(B) whether the requirements of this title 
                complicate, hinder, or make more expensive the credit 
                process for the class of transactions;
                    ``(C) the status of the borrower, including--
                            ``(i) any related financial arrangements of 
                        the borrower, as determined by the Board;
                            ``(ii) the financial sophistication of the 
                        borrower relative to the type of transaction; 
                        and
                            ``(iii) the importance to the borrower of 
                        the credit and related supporting property, as 
                        determined by the Board;
                    ``(D) whether the loan is secured by the principal 
                residence of the consumer; and
                    ``(E) whether the goal of consumer protection would 
                be undermined by such an exemption.''.

SEC. 104. REDUCTIONS IN REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974 
              REGULATORY BURDENS.

    (a) Unnecessary Disclosure.--Section 6(a) of the Real Estate 
Settlement Procedures Act of 1974 (12 U.S.C. 2605(a)) is amended to 
read as follows:
    ``(a) Disclosure to Applicant Relating to Assignment, Sale, or 
Transfer of Loan Servicing.--Each person who makes a federally related 
mortgage loan shall disclose to each person who applies for the loan, 
at the time of application for the loan, whether the servicing of the 
loan may be assigned, sold, or transferred to any other person at any 
time while the loan is outstanding.''.
    (b) Exemption for Certain Payments to Employees.--Section 8(c) of 
the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2607(c)) 
is amended--
            (1) by striking ``or (5)'' and inserting ``(5) payment by a 
        depository institution or mortgage bank to its own employee for 
        a referral to an affiliated entity for a loan product, if the 
        employee does not hold himself or herself out as anything other 
        than an employee of that institution, or bank, or (7)''; and
            (2) by adding at the end the following: ``For purposes of 
        paragraph (5) the term `employee' has the same meaning as in 
        section 3306(i) of the Internal Revenue Code of 1986, and the 
        term `depository institution' has the same meaning as in 
        section 3 of the Federal Deposit Insurance Act.''.
    (c) Consistency of Real Estate Settlement Procedures Act and Truth 
in Lending Act Exemption of Business Loans.--Section 7 of the Real 
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2606) is amended--
            (1) by striking ``This Act'' and inserting the following:
    ``(a) In General.--This Act''; and
            (2) by adding at the end the following new subsection:
    ``(b) Interpretation.--In promulgating regulations under section 
19(a), the Board shall ensure that, with respect to subsection (a) of 
this section, the exemption for credit transactions involving 
extensions of credit primarily for business, commercial, or 
agricultural purposes, as provided in section 7(1) of the Real Estate 
Settlement Procedures Act of 1974 shall be the same as the exemption 
for such credit transactions under section 104(1) of the Truth in 
Lending Act.''.

SEC. 105. CO-BRANDING AND AFFINITY GROUP ENDORSEMENTS.

    (a) Compliance With Other Requirements.--Section 3(3) of the Real 
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(3)) is amended 
by inserting before the semicolon ``, but does not include an 
endorsement which does not violate the provisions of section 8(c)(4)''.
    (b) Payments.--Section 8(c) of the Real Estate Settlement 
Procedures Act of 1974 (12 U.S.C. 2607(c)) is amended by inserting 
after paragraph (5), as added by section 104(b) of this division, the 
following new paragraph: ``(6) a payment or transfer of a thing of 
value to an affinity group for or in connection with an endorsement 
(written or oral), either through an advertisement or through a 
communication addressed to a person by name or mailing address, of the 
products or services of a settlement service provider, if that 
disclosure is clearly made at the time of the first written 
communication with the consumer of the fact that a payment was made or 
may be made, or other thing of value may accrue to the affinity group 
for the endorsement;''.
    (c) Definition.--Section 3 of the Real Estate Settlement Procedures 
Act of 1974 (12 U.S.C. 2602) is amended by adding at the end the 
following new paragraph:
            ``(11) the term `affinity group' means any person, other 
        than an individual, that--
                    ``(A) is established for common objectives or 
                purposes; and
                    ``(B) is not established by a settlement service 
                provider or providers for the principal purpose of 
                endorsing the products or services of a settlement 
                service provider.''.

SEC. 106. WAIVER FOR CERTAIN BORROWERS.

    Section 105 of the Truth in Lending Act (15 U.S.C. 1604) is amended 
by adding at the end the following new subsection:
    ``(g) Waiver for Certain Borrowers.--
            ``(1) In general.--The Board, by regulation, may exempt 
        from the requirements of this title certain credit transactions 
        if--
                    ``(A) the transaction involves a consumer--
                            ``(i) with an annual earned income of more 
                        than $200,000; or
                            ``(ii) having net assets in excess of 
                        $1,000,000 at the time of the transaction; and
                    ``(B) a waiver that is handwritten, signed, and 
                dated by the consumer is first obtained from the 
                consumer.
            ``(2) Adjustments by the board.--The Board, at its 
        discretion, may adjust the annual earned income and net asset 
        requirements of paragraph (1) for inflation.''.

SEC. 107. ALTERNATIVE DISCLOSURES FOR ADJUSTABLE RATE MORTGAGES.

    Section 128(a) of the Truth in Lending Act (15 U.S.C. 1638(a)) is 
amended by adding at the end the following new paragraph:
            ``(14) In any variable interest rate residential mortgage 
        transaction, at the option of the creditor, a statement that 
        the periodic payments may increase or decrease substantially, 
        and the maximum interest rate and payment for a $10,000 loan 
        originated at a recent interest rate, as determined by the 
        Board, assuming the maximum periodic increases in rates and 
        payments under the program, or a historical example 
        illustrating the effects of interest rate changes implemented 
        according to the loan program.''.

SEC. 108. RESTITUTION FOR VIOLATIONS OF THE TRUTH IN LENDING ACT.

    Section 108(e)(3) of the Truth in Lending Act (15 U.S.C. 2602(3)) 
is amended--
            (1) by striking ``ordered (A) if'' and inserting the 
        following: ``ordered--
            ``(A) if'';
            (2) by striking ``may require a partial'' and inserting 
        ``may--
                    ``(i) require a partial'';
            (3) by striking ``, except that with respect'' and all that 
        follows through ``Act, the agency shall require'' and inserting 
        ``; or
                    ``(ii) require'';
            (4) by striking ``reasonable, (B) the'' and inserting the 
        following: ``reasonable, if (in the case of an agency referred 
        to in paragraph (1), (2), or (3) of subsection (a)), the agency 
        determines that a partial adjustment or making partial payments 
        over an extended period is necessary to avoid causing the 
        creditor to become undercapitalized pursuant to section 38 of 
        the Federal Deposit Insurance Act;
            ``(B) the''; and
            (5) by striking ``(C) except'' and inserting the following:
            ``(C) except''.

SEC. 109. LIMITATION ON LIABILITY UNDER THE TRUTH IN LENDING ACT.

    Section 139(a) of the Truth in Lending Act (15 U.S.C. 1649(a)) is 
amended by striking ``For any consumer credit transaction subject to 
this title'' and inserting ``For any closed end consumer credit 
transaction that is secured by real property or a dwelling, that is 
subject to this title, and''.

              TITLE II--STREAMLINING GOVERNMENT REGULATION

    Subtitle A--Eliminating Unnecessary Regulatory Requirements and 
                               Procedures

SEC. 201. ELIMINATION OF CERTAIN FILING AND APPROVAL REQUIREMENTS FOR 
              CERTAIN INSURED DEPOSITORY INSTITUTIONS.

    Section 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 
1828(c)) is amended by adding at the end the following new paragraph:
    ``(12) Exceptions.--No prior approval is required under paragraph 
(2) for any merger, consolidation, acquisition of assets, or assumption 
of liabilities involving only insured depository institutions that are 
subsidiaries of the same depository institution holding company, if--
            ``(A) the responsible agency would not be prohibited from 
        approving the transaction under section 44;
            ``(B) the acquiring, assuming, or resulting institution 
        complies with all applicable provisions of section 44 as if the 
        merger, consolidation, or acquisition were approved under this 
        subsection;
            ``(C) the acquiring, assuming, or resulting institution 
        provides written notification of the transaction to the 
        appropriate Federal banking agency for the institution not 
        later than 10 days prior to consummation of the transaction; 
        and
            ``(D) during the 10-day period beginning on the date on 
        which the notification required by subparagraph (C) was 
        received, the agency does not require the institution to submit 
        an application with respect to such transaction.''.

SEC. 202. ELIMINATION OF REDUNDANT APPROVAL REQUIREMENT FOR OAKAR 
              TRANSACTIONS.

    (a) In General.--Section 5(d)(3) of the Federal Deposit Insurance 
Act (12 U.S.C. 1815(d)(3)) is amended--
            (1) in subparagraph (A), by striking ``with the prior 
        written approval of'' and inserting ``if the transaction is 
        approved by'';
            (2) in subparagraph (E)--
                    (A) by striking clauses (i) and (iv);
                    (B) by redesignating clauses (ii) and (iii) as 
                clauses (i) and (ii), respectively; and
                    (C) by adding at the end the following new clause:
                            ``(iii) Capital requirements.--A 
                        transaction described in this paragraph shall 
                        not be approved under section 18(c)(2) unless 
the acquiring, assuming, or resulting depository institution will meet 
all applicable capital requirements upon consummation of the 
transaction.'';
            (3) by striking subparagraph (G); and
            (4) by redesignating subparagraphs (H) through (J) as 
        subparagraphs (G) through (I), respectively.
    (b) Conforming Amendments.--
            (1) Revised statutes.--Section 5156A(b)(1) of the Revised 
        Statutes (12 U.S.C. 215c(b)(1)) is amended by striking ``by 
        section 5(d)(3) of the Federal Deposit Insurance Act or any 
        other'' and inserting ``under any''.
            (2) Home owners' loan act.--Section 10(s)(2)(A) of the Home 
        Owners' Loan Act (12 U.S.C. 1467a(s)(2)(A)) is amended by 
        striking ``under section 5(d)(3) of the Federal Deposit 
        Insurance Act or any other'' and inserting ``under any''.

SEC. 203. ELIMINATION OF DUPLICATIVE REQUIREMENTS IMPOSED UPON BANK 
              HOLDING COMPANIES.

    (a) Exemption for Bank Holding Companies.--Section 10 of the Home 
Owners' Loan Act (12 U.S.C. 1467a) is amended by adding at the end the 
following new subsection:
    ``(t) Exemption for Bank Holding Companies.--This section does not 
apply to a bank holding company that is subject to the Bank Holding 
Company Act of 1956, or any company controlled by such bank holding 
company.''.
    (b) Definition.--Section 10(a)(1)(D) of the Home Owners' Loan Act 
(12 U.S.C. 1467a(a)(1)(D)) is amended to read as follows:
                    ``(D) Savings and loan holding company.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `savings and loan holding 
                        company' means any company that directly or 
                        indirectly controls a savings association or 
                        that controls any other company that is a 
                        savings and loan holding company.
                            ``(ii) Exclusion.--The term `savings and 
                        loan holding company' does not include a bank 
                        holding company that is registered under, and 
                        subject to, the Bank Holding Company Act of 
                        1956, or to any company directly or indirectly 
                        controlled by such company (other than a 
                        savings association).''.
    (c) Acquisitions.--Section 10(e)(1) of the Home Owners' Loan Act 
(12 U.S.C. 1467a(e)(1)) is amended--
            (1) in subparagraph (A)(iii)(VII), by inserting ``or'' at 
        the end;
            (2) in subparagraph (A)(iv), by inserting ``and'' at the 
        end; and
            (3) in subparagraph (B)--
                    (A) by striking ``or (ii)'' and inserting ``(ii)''; 
                and
                    (B) by inserting before the first period ``, or 
                (iii) acquired by a bank holding company that is 
                registered under, and subject to, the Bank Holding 
                Company Act of 1956, or any company controlled by such 
                bank holding company''.
    (d) Amendments to the Bank Holding Company Act of 1956.--Section 
4(i) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(i)) is 
amended by adding at the end the following new paragraphs:
            ``(4) Solicitation of views.--
                    ``(A) Notice to director.--Upon receiving any 
                application or notice by a bank holding company to 
                acquire, directly or indirectly, a savings association 
                under subsection (c)(8), the Board shall solicit 
                comments and recommendations from the Director with 
                respect to such acquisition.
                    ``(B) Comment period.--The comments and 
                recommendations of the Director under subparagraph (A) 
                with respect to any acquisition subject to such 
                subparagraph shall be transmitted to the Board not 
                later than 30 days after the receipt by the Director of 
                the notice relating to such acquisition (or such 
                shorter period as the Board may specify if the Board 
                advises the Director that an emergency exists that 
                requires expeditious action).
            ``(5) Examination.--
                    ``(A) Scope.--The Board shall consult with the 
                Director, as appropriate, in establishing the scope of 
                an examination by the Board of a bank holding company 
                that directly or indirectly controls a savings 
                association.
                    ``(B) Access to inspection reports.--Upon the 
                request of the Director, the Board shall furnish the 
                Director with a copy of any inspection report, 
                additional examination materials, or supervisory 
                information relating to any bank holding company that 
                directly or indirectly controls a savings association.
            ``(6)  Coordination of enforcement efforts.--The Board and 
        the Director shall cooperate in any enforcement action against 
        any bank holding company that controls a savings association, 
        if the relevant conduct involves such association.
            ``(7) Director defined.--For purposes of this section, the 
        term `Director' means the Director of the Office of Thrift 
        Supervision.''.

SEC. 204. ELIMINATION OF THE PER BRANCH CAPITAL REQUIREMENT FOR 
              NATIONAL BANKS AND STATE MEMBER BANKS.

    Section 5155(h) of the Revised Statutes (12 U.S.C. 36(h)) is 
amended to read as follows:
    ``(h) [Reserved.]''.

SEC. 205. ELIMINATION OF BRANCH APPLICATION REQUIREMENTS FOR AUTOMATIC 
              TELLER MACHINES.

    (a) ``Branch'' Under National Bank Act.--Section 5155(j) of the 
Revised Statutes (12 U.S.C. 36(j)) is amended by adding at the end the 
following: ``The term `branch', as used in this section, does not 
include an automated teller machine or a remote service unit.''.
    (b) ``Domestic Branch'' Under the Federal Deposit Insurance Act.--
Section 3(o) of the Federal Deposit Insurance Act (12 U.S.C. 1813(o)) 
is amended by striking ``lent; and the'' and inserting ``lent. The term 
`domestic branch' does not include an automated teller machine or a 
remote service unit. The''.

SEC. 206. ELIMINATION OF REQUIREMENT FOR APPROVAL OF INVESTMENTS IN 
              BANK PREMISES FOR WELL CAPITALIZED AND WELL MANAGED 
              BANKS.

    Section 24A of the Federal Reserve Act (12 U.S.C. 371d) is amended 
to read as follows:

``SEC. 24A. INVESTMENT IN BANK PREMISES OR STOCK OF CORPORATION HOLDING 
              PREMISES.

    ``(a) Conditions of Investment.--No national bank or State member 
bank shall invest in bank premises, or in the stock, bonds, debentures, 
or other such obligations of any corporation holding the premises of 
such bank, or make loans to or upon the security of any such 
corporation--
            ``(1) unless the bank receives the prior approval of the 
        Comptroller of the Currency (with respect to a national bank) 
        or the Board (with respect to a State member bank);
            ``(2) unless the aggregate of all such investments and 
        loans, together with the amount of any indebtedness incurred by 
        any such corporation that is an affiliate of the bank, is less 
        than or equal to the amount of the capital stock of such bank; 
        or
            ``(3) unless--
                    ``(A) the aggregate of all such investments and 
                loans, together with the amount of any indebtedness 
                incurred by any such corporation that is an affiliate 
                of the bank, is less than or equal to 150 percent of 
                the capital and surplus of the bank; and
                    ``(B) the bank--
                            ``(i) has a CAMEL composite rating of 1 or 
                        2 under the Uniform Financial Institutions 
                        Rating System (or an equivalent rating under a 
                        comparable rating system) as of the most recent 
                        examination of such bank;
                            ``(ii) is well capitalized and will 
                        continue to be well capitalized after the 
                        investment or loan; and
                            ``(iii) provides notification to the 
                        Comptroller of the Currency (with respect to a 
                        national bank) or to the Board (with respect to 
                        a State member bank) not later than 30 days 
                        after making the investment or loan.
    ``(b) Definitions.--For purposes of this section--
            ``(1) the term `affiliate' has the same meaning as in 
        section 2 of the Banking Act of 1933; and
            ``(2) the term `well capitalized' has the same meaning as 
        in section 38(b) of the Federal Deposit Insurance Act.''.

SEC. 207. ELIMINATION OF APPROVAL REQUIREMENT FOR DIVESTITURES.

    Section 2(g) of the Bank Holding Company Act of 1956 (12 U.S.C. 
1841(g)) is amended--
            (1) in paragraph (1), by adding ``and'' at the end;
            (2) in paragraph (2), by striking ``; and'' and inserting a 
        period; and
            (3) by striking paragraph (3).

SEC. 208. STREAMLINED NONBANKING ACQUISITIONS BY WELL CAPITALIZED AND 
              WELL MANAGED BANKING ORGANIZATIONS.

    (a) Notice Requirements.--Section 4(j) of the Bank Holding Company 
Act of 1956 (12 U.S.C. 1843(j)) is amended--
            (1) in paragraph (1)(A), by striking ``No'' and inserting 
        ``Except as provided in paragraph (3), no''; and
            (2) by adding at the end the following new paragraphs:
            ``(3) No notice required for certain transactions.--No 
        notice under paragraph (1) of this subsection or under 
        subsection (c)(8) or (a)(2)(B) is required for a proposal by a 
        bank holding company to engage in any activity or acquire the 
        shares or assets of any company, other than an insured 
        depository institution, if the proposal qualifies under 
        paragraph (4).
            ``(4) Criteria for statutory approval.--A proposal 
        qualifies under this paragraph if all of the following criteria 
        are met:
                    ``(A) Financial criteria.--Both before and 
                immediately after the proposed transaction--
                            ``(i) the acquiring bank holding company is 
                        well capitalized;
                            ``(ii) the lead insured depository 
                        institution of such holding company is well 
                        capitalized;
                            ``(iii) well capitalized insured depository 
                        institutions control at least 80 percent of the 
                        aggregate total risk-weighted assets of insured 
                        depository institutions controlled by such 
                        holding company; and
                            ``(iv) no insured depository institution 
                        controlled by such holding company is 
                        undercapitalized.
                    ``(B) Managerial criteria.--
                            ``(i) Well managed.--At the time of the 
                        transaction, the acquiring bank holding 
                        company, its lead insured depository 
                        institution, and insured depository 
                        institutions that control at least 90 percent 
                        of the aggregate total risk-weighted assets of 
                        insured depository institutions controlled by 
                        such holding company are well managed.
                            ``(ii) Limitation on poorly managed 
                        institutions.--Except as provided in paragraph 
                        (6), no insured depository institution 
                        controlled by the acquiring bank holding 
                        company has received 1 of the 2 lowest 
                        composite ratings at the later of the 
                        institution's most recent examination or 
                        subsequent review.
                    ``(C) Activities permissible.--Following 
                consummation of the proposal, the bank holding company 
                engages directly or through a subsidiary solely in--
                            ``(i) activities that are permissible under 
                        subsection (c)(8), as determined by the Board 
                        by regulation or order thereunder, subject to 
                        all of the restrictions, terms, and conditions 
                        of such subsection and such regulation or 
                        order; and
                            ``(ii) such other activities as are 
                        otherwise permissible under this section, 
                        subject to the restrictions, terms and 
                        conditions, including any prior notice or 
                        approval requirements, provided in this 
                        section.
                    ``(D) Size of acquisition.--
                            ``(i) Asset size.--The book value of the 
                        total assets to be acquired does not exceed 10 
                        percent of the consolidated total risk-weighted 
                        assets of the acquiring bank holding company.
                            ``(ii) Consideration.--The gross 
                        consideration to be paid for the securities or 
                        assets does not exceed 15 percent of the 
                        consolidated Tier 1 capital of the acquiring 
                        bank holding company.
                    ``(E) Notice not otherwise warranted.--For 
                proposals described in paragraph (5)(B), the Board has 
                not, before the conclusion of the period provided in 
                paragraph (5)(B), advised the bank holding company that 
                a notice under paragraph (1) is required.
                    ``(F) Compliance criterion.--During the 12-month 
                period ending on the date on which the bank holding 
                company proposes to commence an activity or 
                acquisition, no administrative enforcement action has 
                been commenced, and no cease and desist order has been 
                issued pursuant to section 8 of the Federal Deposit 
                Insurance Act, against the bank holding company or any 
                depository institution subsidiary of the holding 
                company, and no such enforcement action, order, or 
                other administrative enforcement proceeding is pending 
                as of such date.
            ``(5) Notification.--
                    ``(A) Commencement of activities approved by 
                rule.--A bank holding company that qualifies under 
                paragraph (4) and that proposes to engage de novo, 
                directly or through a subsidiary, in any activity that 
                is permissible under subsection (c)(8), as determined 
                by the Board by regulation, may commence that activity 
                without prior notice to the Board and must provide 
                written notification to the Board not later than 10 
                business days after commencing the activity.
                    ``(B) Activities permitted by order and 
                acquisitions.--
                            ``(i) In general.--At least 12 business 
                        days before commencing any activity pursuant to 
                        paragraph (3) (other than an activity described 
                        in subparagraph (A) of this paragraph) or 
                        acquiring shares or assets of any company 
                        pursuant to paragraph (3), the bank holding 
                        company shall provide written notice of the 
                        proposal to the Board, unless the Board 
                        determines that no notice or a shorter notice 
                        period is appropriate.
                            ``(ii) Description of activities and 
                        terms.--A notification under this subparagraph 
                        shall include a description of the proposed 
                        activities and the terms of any proposed 
                        acquisition.
            ``(6) Recently acquired institutions.--Any insured 
        depository institution which has been acquired by a bank 
        holding company during the 12-month period preceding the date 
        on which the company proposes to commence an activity or 
        acquisition pursuant to paragraph (3) may be excluded for 
        purposes of paragraph (4)(B)(ii) if--
                    ``(A) the bank holding company has developed a plan 
                for the institution to restore the capital and 
                management of the institution which is acceptable to 
                the appropriate Federal banking agency; and
                    ``(B) all such insured depository institutions 
                represent, in the aggregate, less than 10 percent of 
                the aggregate total risk-weighted assets of all insured 
                depository institutions controlled by the bank holding 
                company.
            ``(7) Adjustment of percentages.--The Board may, by 
        regulation, adjust the percentages and the manner in which the 
        percentages of insured depository institutions are calculated 
        under paragraph (4)(B)(i), (4)(D), or (6)(B) if the Board 
        determines that any such adjustment is consistent with safety 
        and soundness and the purposes of this Act.''.
    (b) Definitions.--Section 2(o) of the Bank Holding Company Act of 
1956 (12 U.S.C. 1841(o)) is amended--
            (1) by striking paragraph (1) and inserting the following 
        new paragraph:
            ``(1) Capital terms.--
                    ``(A) Insured depository institutions.--With 
                respect to insured depository institutions, the terms 
                `well capitalized', `adequately capitalized', and 
                `undercapitalized' have the same meanings as in section 
                38(b) of the Federal Deposit Insurance Act.
                    ``(B) Bank holding company.--
                            ``(i) Adequately capitalized.--With respect 
                        to a bank holding company, the term `adequately 
                        capitalized' means a level of capitalization 
                        which meets or exceeds all applicable Federal 
                        regulatory capital standards.
                            ``(ii) Well capitalized.--A bank holding 
                        company is `well capitalized' if it meets the 
                        required capital levels for well capitalized 
                        bank holding companies established by the 
                        Board.
                    ``(C) Other capital terms.--The terms `Tier 1' and 
                `risk-weighted assets' have the meanings given those 
                terms in the capital guidelines or regulations 
                established by the Board for bank holding companies.''; 
                and
            (2) by adding at the end the following new paragraphs:
            ``(8) Lead insured depository institutions.--
                    ``(A) In general.--The term `lead insured 
                depository institution' means the largest insured 
                depository institution controlled by the subject bank 
                holding company at any time, based on a comparison of 
                the average total risk-weighted assets controlled by 
                each insured depository institution during the previous 
                12-month period.
                    ``(B) Branch or agency.--For purposes of this 
                paragraph and section 4(j)(4), the term `insured 
                depository institution' includes any branch or agency 
                operated in the United States by a foreign bank.
            ``(9) Well managed.--The term `well managed' means--
                    ``(A) in the case of any company or depository 
                institution which receives examinations, the 
                achievement of--
                            ``(i) a CAMEL composite rating of 1 or 2 
                        (or an equivalent rating under an equivalent 
                        rating system) in connection with the most 
                        recent examination or subsequent review of such 
                        company or institution; and
                            ``(ii) at least a satisfactory rating for 
                        management, if such rating is given; or
                    ``(B) in the case of a company or depository 
                institution that has not received an examination 
                rating, the existence and use of managerial resources 
                which the Board determines are satisfactory.''.

SEC. 209. ELIMINATION OF UNNECESSARY FILING FOR OFFICER AND DIRECTOR 
              APPOINTMENTS.

    Section 32 of the Federal Deposit Insurance Act (12 U.S.C. 1831i) 
is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(or such other period, as 
                determined by the appropriate Federal banking agency)'' 
                after ``30 days'';
                    (B) by striking ``if the insured depository 
                institution or depository institution holding company'' 
                and inserting ``if'';
                    (C) by striking paragraphs (1) and (2);
                    (D) by redesignating paragraph (3) as paragraph 
                (1);
                    (E) in paragraph (1), as redesignated--
                            (i) by inserting ``the insured depository 
                        institution or depository institution holding 
                        company'' before ``is not in compliance''; and
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                    (F) by adding at the end the following new 
                paragraph:
            ``(2) the agency determines, in connection with the review 
        by the agency of the plan required under section 38 or 
        otherwise, that such prior notice is appropriate.''; and
            (2) in subsection (b), by striking ``30-day period'' and 
        inserting ``notice period, not to exceed 90 days,''.

SEC. 210. AMENDMENTS TO THE DEPOSITORY INSTITUTION MANAGEMENT 
              INTERLOCKS ACT.

    (a) Dual Service Among Larger Organizations.--Section 204 of the 
Depository Institution Management Interlocks Act (12 U.S.C. 3203) is 
amended--
            (1) by striking ``$1,000,000,000'' and inserting 
        ``$2,500,000,000'';
            (2) by striking ``$500,000,000'' and inserting 
        ``$1,500,000,000''; and
            (3) by adding at the end the following: ``In order to allow 
        for inflation or market changes, the appropriate Federal 
        depository institutions regulatory agencies may, by regulation, 
        adjust, as necessary, the amount of total assets required for 
        depository institutions or depository holding companies under 
        this section.''.
    (b) Extension of Grandfather Exemption.--Section 206 of the 
Depository Institution Management Interlocks Act (12 U.S.C. 3205) is 
amended--
            (1) in subsection (a), by striking ``for a period of, 
        subject to the requirements of subsection (c), 20 years after 
        the date of enactment of this title'';
            (2) in subsection (b), by striking the second sentence; and
            (3) by striking subsection (c).
    (c) Rules or Regulations.--Section 209 of the Depository 
Institution Management Interlocks Act (12 U.S.C. 3207) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) In General.--Rules'' and 
                inserting ``Rules'';
                    (B) by inserting ``, including rules or regulations 
                that permit service by a management official that would 
                otherwise be prohibited by section 203 or section 204, 
                if such service would not result in a monopoly or 
                substantial lessening of competition,'' after 
                ``title'';
                    (C) in paragraph (4)--
                            (i) by striking ``Federal Home Loan Bank 
                        Board'' and inserting ``Director of the Office 
                        of Thrift Supervision''; and
                            (ii) by striking ``Savings and Loan'' and 
                        inserting ``Deposit''; and
            (2) by striking subsections (b) and (c).

SEC. 211. ELIMINATION OF RECORDKEEPING AND REPORTING REQUIREMENTS FOR 
              OFFICERS.

    (a) Employee Benefit Plans.--Section 22(h)(2) of the Federal 
Reserve Act (12 U.S.C. 375b(2)) is amended--
            (1) by redesignating subparagraphs (A) through (C) as 
        clauses (i) through (iii), respectively, and indenting 
        appropriately;
            (2) by striking ``(2) Preferential terms prohibited.--'' 
        and inserting the following:
            ``(2) Preferential terms prohibited.--
                    ``(A) In general.--''; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Exception.--Nothing in this paragraph shall 
                prohibit any extension of credit made pursuant to a 
                benefit or compensation program--
                            ``(i) that is widely available to employees 
                        of the member bank; and
                            ``(ii) that does not give preference to any 
                        officer, director, or principal shareholder of 
                        the member bank, or to any related interest of 
                        such person, over other employees of the member 
                        bank.''.
    (b) Exception for Extensions of Credit to Executive Officers and 
Directors of Affiliates.--Section 22(h)(8)(B) of the Federal Reserve 
Act (12 U.S.C. 375b(8)(B)) is amended to read as follows:
                    ``(B) Exception.--The Board may, by regulation, 
                make exceptions to subparagraph (A) for any executive 
                officer or director of a subsidiary of a company that 
                controls the member bank if--
                            ``(i) the executive officer or director 
                        does not have authority to participate, and 
                        does not participate, in major policymaking 
                        functions of the member bank; and
                            ``(ii) the assets of such subsidiary do not 
                        exceed 10 percent of the consolidated assets of 
                        a company that controls the member bank and 
                        such subsidiary (and is not controlled by any 
                        other company).''.

SEC. 212. REPAYMENT OF TREASURY LOAN.

    Section 1108 of the Federal Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3337) is amended by 
adding at the end the following new subsection.--
    ``(c) Repayment of Treasury Loan.--Not later than September 30, 
1998, the Appraisal Subcommittee shall repay to the Secretary of the 
Treasury the unpaid portion of the $5,000,000 paid to the Appraisal 
Subcommittee pursuant to this section.''.

SEC. 213. BRANCH CLOSURES.

    Section 42 of the Federal Deposit Insurance Act (12 U.S.C. 1831r-1) 
is amended by adding at the end the following new subsection:
    ``(e) Scope of Application.--This section shall not apply with 
respect to--
            ``(1) an automated teller machine;
            ``(2) the relocation of a branch or consolidation of one or 
        more branches into another branch, if the relocation or 
        consolidation--
                    ``(A) occurs within the immediate neighborhood; and
                    ``(B) does not substantially affect the nature of 
                the business or customers served; or
            ``(3) a branch that is closed in connection with--
                    ``(A) an emergency acquisition under--
                            ``(i) section 11(n); or
                            ``(ii) subsection (f) or (k) of section 13; 
                        or
                    ``(B) any assistance provided by the Corporation 
                under section 13(c).''.

SEC. 214. FOREIGN BANKS.

    (a) Examination of Branches and Agencies by Board.--Section 7(c) of 
the International Banking Act of 1978 (12 U.S.C. 3105(c)) is amended--
            (1) by striking ``(c)'' and inserting the following:
    ``(c) Foreign Bank Examinations and Reporting.--'';
            (2) in paragraph (1)(B), by adding at the end the following 
        new clause:
                            ``(iii) Avoidance of duplication.--In 
                        exercising its authority under this paragraph, 
                        the Board shall take all reasonable measures to 
                        reduce burden and avoid unnecessary duplication 
                        of examinations.'';
            (3) by striking subparagraph (C) of paragraph (1) and 
        inserting the following:
                    ``(C) On-site examination.--Each Federal branch or 
                agency, and each State branch or agency, of a foreign 
                bank shall be subject to on-site examination by an 
                appropriate Federal banking agency or State bank 
                supervisor as frequently as would a national bank or a 
                State bank, respectively, by the appropriate Federal 
                banking agency.''; and
            (4) in paragraph (1)(D), by inserting before the period at 
        the end the following: ``, only to the same extent that fees 
        are collected by the Board for examination of any State member 
        bank''.
    (b) Establishment of Foreign Bank Offices in the United States.--
Section 7(d) of the International Banking Act of 1978 (12 U.S.C. 
3105(d)) is amended--
            (1) in paragraph (2), by striking ``The Board'' and 
        inserting ``Except as provided in paragraph (6), the Board'';
            (2) in paragraph (5), by striking ``Consistent with the 
        standards for approval in paragraph (2), the''; and inserting 
        ``The''; and
            (3) by adding at the end the following new paragraphs:
            ``(6) Exception.--
                    ``(A) In general.--If the Board is unable to find, 
                under paragraph (2), that a foreign bank is subject to 
                comprehensive supervision or regulation on a 
                consolidated basis by the appropriate authorities in 
                its home country, the Board may nevertheless approve an 
                application by such foreign bank under paragraph (1) 
                if--
                            ``(i) the appropriate authorities in the 
                        home country of the foreign bank are actively 
                        working to establish arrangements for the 
                        consolidated supervision of such bank; and
                            ``(ii) all other factors are consistent 
                        with approval.
                    ``(B) Other considerations.--In deciding whether to 
                use its discretion under subparagraph (A), the Board 
                shall also consider whether the foreign bank has 
                adopted and implements procedures to combat money 
                laundering. The Board may also take into account 
                whether the home country of the foreign bank is 
                developing a legal regime to address money laundering 
                or is participating in multilateral efforts to combat 
                money laundering.
                    ``(C) Additional conditions.--In approving an 
                application under this paragraph, the Board, after 
                requesting and taking into consideration the views of 
                the appropriate State bank supervisor or the 
                Comptroller of the Currency, as the case may be, may 
                impose such conditions or restrictions relating to the 
                activities or business operations of the proposed 
                branch, agency, or commercial lending company 
                subsidiary, including restrictions on sources of 
                funding, as are considered appropriate. The Board shall 
                coordinate with the appropriate State bank supervisor 
                or the Comptroller of the Currency, as appropriate, in 
                the implementation of such conditions or restrictions.
                    ``(D) Modification of conditions.--Any condition or 
                restriction imposed by the Board in connection with the 
                approval of an application under authority of this 
                paragraph may be modified or withdrawn.
            ``(7) Time period for board action.--
                    ``(A) Final action.--The Board shall take final 
                action on any application under paragraph (1) not later 
                than 180 days after receipt of the application, except 
                that the Board may extend for an additional 180 days 
                the period within which to take final action on such 
                application after providing notice of, and the reasons 
                for, the extension to the applicant foreign bank and 
                any appropriate State bank supervisor or the 
                Comptroller of the Currency, as appropriate.
                    ``(B) Failure to submit information.--The Board may 
                deny any application if it does not receive information 
                requested from the applicant foreign bank or 
                appropriate authorities in the home country of the 
                foreign bank in sufficient time to permit the Board to 
                evaluate such information adequately within the time 
                periods for final action set forth in subparagraph (A).
                    ``(C) Waiver.--A foreign bank may waive the 
                applicability of this paragraph with respect to any 
                application under paragraph (1).''.
    (c) Termination of Foreign Bank Offices in the United States.--
Section 7(e)(1)(A) of the International Banking Act of 1978 (12 U.S.C. 
3105(e)(1)(A)) is amended--
            (1) by inserting ``(i)'' after ``(A)'';
            (2) by striking ``or'' at the end and inserting ``and''; 
        and
            (3) by adding at the end the following new clause:
                    ``(ii) the appropriate authorities in the home 
                country of the foreign bank are not making demonstrable 
                progress in establishing arrangements for the 
                comprehensive supervision or regulation of such foreign 
                bank on a consolidated basis; or''.

SEC. 215. DISPOSITION OF FORECLOSED ASSETS.

    Section 4(c)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 
1843(c)(2)) is amended--
            (1) by striking ``for not more than one year at a time''; 
        and
            (2) by striking ``but no such extensions shall extend 
        beyond a date five years'' and inserting ``and, in the case of 
        a bank holding company which has not disposed of such shares 
        within 5 years after the date on which such shares were 
        acquired, the Board may, upon the application of such company, 
grant additional exemptions if, in the judgment of the Board, such 
extension would not be detrimental to the public interest and, either 
the bank holding company has made a good faith attempt to dispose of 
such shares during such 5-year period, or the disposal of such shares 
during such 5-year period would have been detrimental to the company, 
except that the aggregate duration of such extensions shall not extend 
beyond 10 years''.

SEC. 216. EXEMPTION AUTHORITY FOR ANTITYING PROVISION.

    (a) Federal Reserve Authority.--Section 106(b)(1) of the Bank 
Holding Company Act Amendments of 1970 (12 U.S.C. 1972(1)) is amended 
in the last sentence, by inserting ``and the prohibitions of section 
4(f)(9) and 4(h)(2) of the Bank Holding Company Act of 1956'' after 
``prohibition''.
    (b) OTS Authority.--Section 5(q) of the Home Owners' Loan Act (12 
U.S.C. 1464(q)) is amended by adding at the end the following new 
paragraph:
            ``(6) Exceptions.--The Director may, by regulation or 
        order, permit such exceptions to the prohibitions of this 
        subsection as the Director considers will not be contrary to 
        the purposes of this subsection and which conform to exceptions 
        granted by the Board of Governors of the Federal Reserve System 
        pursuant to section 106(b) of the Bank Holding Company Act 
        Amendments of 1970.''.

SEC. 217. FDIC APPROVAL OF NEW STATE BANK POWERS.

    Section 24 of the Federal Deposit Insurance Act (12 U.S.C. 1831a) 
is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately;
                    (B) by striking ``In general.--'' and inserting the 
                following: ``Permissible activities.--
            ``(1) In general.--''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Processing period.--
                    ``(A) In general.--The Corporation shall make a 
                determination under paragraph (1)(A) not later than 60 
                days after receipt of a completed application that may 
                be required under this subsection.
                    ``(B) Extension of time period.--The Corporation 
                may extend the 60-day period referred to in 
                subparagraph (A) for not more than 30 additional days, 
                and shall notify the applicant of any such 
                extension.''; and
            (2) in subsection (d), by adding at the end the following 
        new paragraph:
            ``(3) Processing period.--
                    ``(A) In general.--The Corporation shall make a 
                determination under paragraph (1)(A) not later than 60 
                days after receipt of a completed application that may 
                be required under this subsection.
                    ``(B) Extension of time period.--The Corporation 
                may extend the 60-day period referred to in 
                subparagraph (A) for not more than 30 additional days, 
                and shall notify the applicant of any such 
                extension.''.

         Subtitle B--Eliminating Unnecessary Regulatory Burdens

SEC. 221. SMALL BANK EXAMINATION CYCLE.

    Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C. 
1820(d)) is amended--
            (1) by redesignating the second paragraph designated as 
        paragraph (8) as paragraph (10), and by inserting that 
paragraph, as redesignated, immediately after paragraph (9); and
            (2) in paragraph (10), as redesignated, by striking 
        ``$175,000,000'' and inserting ``$250,000,000''.

SEC. 222. REQUIRED REVIEW OF REGULATIONS.

    (a) In General.--Not less frequently than once every 10 years, the 
Council and each appropriate Federal banking agency represented on the 
Council shall conduct a review of all regulations promulgated by the 
Council or by any such appropriate Federal banking agency, 
respectively, in order to identify outdated or otherwise unnecessary 
regulatory requirements imposed on insured depository institutions.
    (b) Process.--In conducting the review under subsection (a), the 
Council or the appropriate Federal banking agency shall--
            (1) categorize the regulations described in subsection (a) 
        by type (such as consumer regulations, safety and soundness 
        regulations, or such other designations as determined by the 
        Council, or the appropriate Federal banking agency); and
            (2) at regular intervals, provide notice and solicit public 
        comment on a particular category or categories of regulations, 
        requesting commentators to identify areas of the regulations 
        that are outdated, unnecessary, or unduly burdensome.
    (c) Complete Review.--The Council or the appropriate Federal 
banking agency shall ensure that the notice and comment period 
described in subsection (b)(2) is conducted with respect to all 
regulations described in subsection (a) not less frequently than once 
every 10 years.
    (d) Regulatory Response.--The Council or the appropriate Federal 
banking agency shall--
            (1) publish in the Federal Register a summary of the 
        comments received under this section, identifying significant 
        issues raised and providing comment on such issues; and
            (2) eliminate unnecessary regulations to the extent that 
        such action is appropriate.
    (e) Report to Congress.--Not later than 30 days after carrying out 
subsection (d)(1), the Council shall submit to the Congress a report, 
which shall include--
            (1) a summary of any significant issues raised by public 
        comments received by the Council and the appropriate Federal 
        banking agencies under this section and the relative merits of 
        such issues; and
            (2) an analysis of whether the appropriate Federal banking 
        agency involved is able to address the regulatory burdens 
        associated with such issues by regulation, or whether such 
        burdens must be addressed by legislative action.

SEC. 223. REPEAL OF IDENTIFICATION OF NONBANK FINANCIAL INSTITUTION 
              CUSTOMERS.

    Subchapter II of chapter 53 of title 31, United States Code, is 
amended--
            (1) by striking section 5327;
            (2) in the chapter analysis, by striking the item relating 
        to section 5327; and
            (3) in section 5321(a), by striking paragraph (7).

SEC. 224. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

    (a) FDIA.--Section 477 of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (12 U.S.C. 251) is repealed.
    (b) FIRREA.--Section 918 of the Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833 note) is 
repealed.
    (c) ILS.--Section 913 of the International Lending Supervision Act 
of 1983 (12 U.S.C. 3912) is repealed.

SEC. 225. INCREASE IN HOME MORTGAGE DISCLOSURE EXEMPTION THRESHOLD.

    (a) In General.--Section 309 of the Home Mortgage Disclosure Act of 
1975 (12 U.S.C. 2808) is amended in the second sentence, by striking 
``$10,000,000'' and inserting ``$50,000,000''.
    (b) Opportunity To Reduce Compliance Burden.--Section 304 of the 
Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803) is amended by 
adding at the end the following new subsection:
    ``(m) Opportunity To Reduce Compliance Burden.--
            ``(1) In general.--
                    ``(A) Satisfaction of public availability 
                requirements.--A depository institution shall be deemed 
                to have satisfied the public availability requirements 
                of subsection (a) if the institution compiles the 
                information required under that subsection at the home 
                office of the institution and provides notice at the 
                branch locations specified in subsection (a) that such 
                information is available from the home office of the 
                institution upon written request.
                    ``(B) Provision of information upon request.--Not 
                later than 15 days after the receipt of a written 
                request for any information required to be compiled 
                under subsection (a), the home office of the depository 
                institution receiving the request shall provide the 
                information pertinent to the location of the branch in 
                question to the person requesting the information.
            ``(2) Form of information.--In complying with paragraph 
        (1), a depository institution shall, in the sole discretion of 
        the institution, provide the person requesting the information 
        with--
                    ``(A) a paper copy of the information requested; or
                    ``(B) if acceptable to the person, the information 
                through a form of electronic medium, such as a computer 
                disk.''.

SEC. 226. ELIMINATION OF STOCK LOAN REPORTING REQUIREMENT.

    Section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 
1817(j)) is amended--
            (1) in paragraph (9)(A)--
                    (A) by striking ``financial institution and any 
                affiliate of any financial institution'' and inserting 
                ``foreign bank, or any affiliate thereof,''; and
                    (B) by striking ``by the financial institution and 
                such institution's affiliates'' and inserting ``by the 
                foreign bank or any affiliate thereof'';
            (2) in paragraph (9)(B)--
                    (A) by striking ``paragraph--'' and inserting 
                ``paragraph, the following definitions shall apply:'';
                    (B) by striking clause (i) and inserting the 
                following:
                            ``(i) Foreign bank.--The terms `foreign 
                        bank' and `affiliate' have the same meanings as 
                        in section 1 of the International Banking Act 
                        of 1978.''; and
                    (C) in clause (iii), by striking ``financial 
                institution'' and inserting ``foreign bank or any 
                affiliate thereof'';
            (3) in paragraph (9)(C)--
                    (A) by striking ``financial institution or any of 
                its affiliates'' and inserting ``foreign bank or any 
                affiliate thereof''; and
                    (B) by striking ``financial institution or its 
                affiliates'' and inserting ``foreign bank or any 
                affiliate thereof'';
            (4) in paragraph (9)(D)--
                    (A) in clause (i)--
                            (i) by striking ``the financial institution 
                        and all affiliates of the institution'' and 
                        inserting ``the foreign bank and all affiliates 
                        thereof''; and
                            (ii) by striking ``financial institution or 
                        any such affiliate'' and inserting ``foreign 
                        bank or affiliate thereof'';
                    (B) in clause (ii), by striking ``financial 
                institution and any affiliate of such institution'' and 
                inserting ``foreign bank and any affiliate thereof''; 
                and
                    (C) in clause (iii), by striking ``financial 
                institution'' and inserting ``foreign bank or any 
                affiliate thereof''; and
            (5) in paragraph (9)(E)--
                    (A) in clause (i)--
                            (i) by striking ``a financial institution 
                        and the affiliates of such institution'' and 
                        inserting ``a foreign bank or any affiliate 
                        thereof''; and
                            (ii) by striking ``institution or 
                        affiliate'' each place such term appears and 
                        inserting ``foreign bank or any affiliate 
                        thereof''; and
                    (B) in clause (ii), by striking ``financial 
                institution and any affiliate of such institution'' and 
                inserting ``foreign bank and any affiliate thereof''.

SEC. 227. CREDIT AVAILABILITY ASSESSMENT.

    (a) Study.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, and once every 60 months thereafter, the 
        Board, in consultation with the Director of the Office of 
        Thrift Supervision, the Comptroller of the Currency, the Board 
        of Directors of the Corporation, the Administrator of the 
        National Credit Union Administration, the Administrator of the 
        Small Business Administration, and the Secretary of Commerce, 
        shall conduct a study and submit a report to the Congress 
        detailing the extent of small business lending by all 
        creditors.
            (2) Contents of study.--The study required under paragraph 
        (1) shall identify, to the extent practicable, those factors 
        which provide policymakers with insights into the small 
        business credit market, including--
                    (A) the demand for small business credit, including 
                consideration of the impact of economic cycles on the 
                levels of such demand;
                    (B) the availability of credit to small businesses;
                    (C) the range of credit options available to small 
                businesses, such as those available from insured 
                depository institutions and other providers of credit;
                    (D) the types of credit products used to finance 
                small business operations, including the use of 
                traditional loans, leases, lines of credit, home equity 
                loans, credit cards, and other sources of financing;
                    (E) the credit needs of small businesses, 
                including, if appropriate, the extent to which such 
                needs differ, based upon product type, size of 
                business, cash flow requirements, characteristics of 
                ownership or investors, or other aspects of such 
                business;
                    (F) the types of risks to creditors in providing 
                credit to small businesses; and
                    (G) such other factors as the Board deems 
                appropriate.
    (b) Use of Existing Data.--The studies required by this section 
shall not increase the regulatory or paperwork burden on regulated 
financial institutions, other sources of small business credit, or 
small businesses.

                 Subtitle C--Regulatory Micromanagement

SEC. 241. NATIONAL BANK DIRECTORS.

    Section 5146 of the Revised Statutes (12 U.S.C. 72) is amended in 
the first sentence, by striking ``except'' and all that follows through 
the end of the sentence and inserting the following: ``except that the 
Comptroller may, in the discretion of the Comptroller, waive the 
requirement of residency.''.

SEC. 242. PAPERWORK REDUCTION REVIEW.

    Section 303(a) of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (12 U.S.C. 4803(a)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) review the extent to which existing regulations 
        require insured depository institutions and insured credit 
        unions to produce unnecessary internal written policies and 
        eliminate such requirements, where appropriate;''.

SEC. 243. STATE BANK REPRESENTATION ON BOARD OF DIRECTORS OF THE FDIC.

    Section 2(a)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 
1812(a)(1)(C)) is amended by inserting before the period ``, 1 of whom 
shall have State bank supervisory experience''.

SEC. 244. CONSULTATION AMONG EXAMINERS.

    Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is 
amended by adding at the end the following new subsection:
    ``(j) Consultation Among Examiners.--
            ``(1) In general.--Each appropriate Federal banking agency 
        shall take such action as may be necessary to ensure that 
        examiners employed by the agency--
                    ``(A) consult on examination activities with 
                respect to any depository institution; and
                    ``(B) achieve an agreement and resolve any 
                inconsistencies in the recommendations to be given to 
                such institution as a consequence of any examinations.
            ``(2) Examiner-in-charge.--Each appropriate Federal banking 
        agency shall consider appointing an examiner-in-charge with 
        respect to a depository institution to ensure consultation on 
        examination activities among all of the examiners of that 
        agency involved in examinations of the institution.''.

 TITLE III--REGULATORY IMPACT ON COST OF CREDIT AND CREDIT AVAILABILITY

SEC. 301. AUDIT COSTS.

    (a) Auditor Attestations.--Section 36 of the Federal Deposit 
Insurance Act (12 U.S.C. 1831m) is amended by striking subsection (e) 
and inserting the following:
    ``(e) [Reserved.]''.
    (b) Independent Audit Committees.--Section 36(g)(1) of the Federal 
Deposit Insurance Act (12 U.S.C. 1831m(g)(1)) is amended--
            (1) in subparagraph (A), by inserting ``, except as 
        provided in subparagraph (D)'' after ``management of the 
        institution''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Exemption authority.--
                            ``(i) In general.--An appropriate Federal 
                        banking agency may, by order or regulation, 
                        permit the independent audit committee of an 
                        insured depository institution to be made up of 
                        less than all, but no fewer than a majority of, 
                        outside directors, if the agency determines 
                        that the institution has encountered hardships 
                        in retaining and recruiting a sufficient number 
                        of competent outside directors to serve on the 
                        internal audit committee of the institution.
                            ``(ii) Factors to be considered.--In 
                        determining whether an insured depository 
                        institution has encountered hardships referred 
                        to in clause (i), the appropriate Federal 
                        banking agency shall consider factors such as 
                        the size of the institution, and whether the 
                        institution has made a good faith effort to 
                        elect or name additional competent outside 
                        directors to the board of directors of the 
                        institution who may serve on the internal audit 
                        committee.''.
    (c) Public Availability.--Section 36(a)(3) of the Federal Deposit 
Insurance Act (12 U.S.C. 1831m(a)(3)) is amended by adding at the end 
the following: ``Notwithstanding the preceding sentence, the 
Corporation and the appropriate Federal banking agencies may designate 
certain information as privileged and confidential and not available to 
the public.''.

SEC. 302. INCENTIVES FOR SELF-TESTING.

    (a) Equal Credit Opportunity.--
            (1) In general.--The Equal Credit Opportunity Act (15 
        U.S.C. 1691 et seq.) is amended by inserting after section 704 
        the following new section:

``SEC. 704A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION.

    ``(a) Privileged Information.--
            ``(1) Conditions for privilege.--A report or result of a 
        self-test (as that term is defined by regulations of the Board) 
        shall be considered to be privileged under paragraph (2) if a 
        creditor--
                    ``(A) conducts, or authorizes an independent third 
                party to conduct, a self-test of any aspect of a credit 
                transaction by a creditor, in order to determine the 
                level or effectiveness of compliance with this title by 
                the creditor; and
                    ``(B) has identified any possible violation of this 
                title by the creditor and has taken, or is taking, 
                appropriate corrective action to address any such 
                possible violation.
            ``(2) Privileged self-test.--If a creditor meets the 
        conditions specified in subparagraphs (A) and (B) of paragraph 
        (1) with respect to a self-test described in that paragraph, 
        any report or results of that self-test--
                    ``(A) shall be privileged; and
                    ``(B) may not be obtained or used by any applicant, 
                department, or agency in any--
                            ``(i) proceeding or civil action in which 
                        one or more violations of this title are 
                        alleged; or
                            ``(ii) examination or investigation 
                        relating to compliance with this title.
    ``(b) Results of Self-Testing.--
            ``(1) In general.--No provision of this section may be 
        construed to prevent an applicant, department, or agency from 
        obtaining or using a report or results of any self-test in any 
        proceeding or civil action in which a violation of this title 
        is alleged, or in any examination or investigation of 
        compliance with this title if--
                    ``(A) the creditor or any person with lawful access 
                to the report or results--
                            ``(i) voluntarily releases or discloses 
                        all, or any part of, the report or results to 
                        the applicant, department, or agency, or to the 
                        general public; or
                            ``(ii) refers to or describes the report or 
                        results as a defense to charges of violations 
                        of this title against the creditor to whom the 
                        self-test relates; or
                    ``(B) the report or results are sought in 
                conjunction with an adjudication or admission of a 
                violation of this title for the sole purpose of 
                determining an appropriate penalty or remedy.
            ``(2) Disclosure for determination of penalty or remedy.--
        Any report or results of a self-test that are disclosed for the 
        purpose specified in paragraph (1)(B)--
                    ``(A) shall be used only for the particular 
                proceeding in which the adjudication or admission 
                referred to in paragraph (1)(B) is made; and
                    ``(B) may not be used in any other action or 
                proceeding.
    ``(c) Adjudication.--An applicant, department, or agency that 
challenges a privilege asserted under this section may seek a 
determination of the existence and application of that privilege in--
            ``(1) a court of competent jurisdiction; or
            ``(2) an administrative law proceeding with appropriate 
        jurisdiction.''.
            (2) Regulations.--
                    (A) In general.--Not later than 6 months after the 
                date of enactment of this Act, in consultation with the 
                Secretary of Housing and Urban Development and the 
                agencies referred to in section 704 of the Equal Credit 
                Opportunity Act, and after providing notice and an 
                opportunity for public comment, the Board shall 
                promulgate final regulations to implement section 704A 
                of the Equal Credit Opportunity Act, as added by this 
                section.
                    (B) Self-test.--
                            (i) Definition.--The regulations 
                        promulgated under subparagraph (A) shall 
                        include a definition of the term ``self-test'' 
                        for purposes of section 704A of the Equal 
                        Credit Opportunity Act, as added by this 
                        section.
                            (ii) Requirement for self-test.--The 
                        regulations promulgated under subparagraph (A) 
                        shall specify that a self-test shall be 
                        sufficiently extensive to constitute a 
                        determination of the level and effectiveness of 
                        compliance by a creditor with the Equal Credit 
                        Opportunity Act.
                            (iii) Substantial similarity to certain 
                        fair housing act regulations.--The regulations 
                        promulgated under subparagraph (A) shall be 
                        substantially similar to the regulations 
                        promulgated by the Secretary of Housing and 
                        Urban Development to carry out section 814A(d) 
                        of the Fair Housing Act, as added by this 
                        section.
            (3) Clerical amendment.--The table of sections for title 
        VII of the Consumer Credit Protection Act is amended by 
        inserting after the item relating to section 704 the following 
        new item:

``704A. Incentives for self-testing and self-correction.''.
    (b) Fair Housing.--
            (1) In general.--The Fair Housing Act (42 U.S.C. 3601 et 
        seq.) is amended by inserting after section 814 the following 
        new section:

``SEC. 814A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION.

    ``(a) Privileged Information.--
            ``(1) Conditions for privilege.--A report or result of a 
        self-test (as that term is defined by regulation of the 
        Secretary) shall be considered to be privileged under paragraph 
        (2) if any person--
                    ``(A) conducts, or authorizes an independent third 
                party to conduct, a self-test of any aspect of a 
                residential real estate related lending transaction of 
                that person, or any part of that transaction, in order 
                to determine the level or effectiveness of compliance 
                with this title by that person; and
                    ``(B) has identified any possible violation of this 
                title by that person and has taken, or is taking, 
                appropriate corrective action to address any such 
                possible violation.
            ``(2) Privileged self-test.--If a person meets the 
        conditions specified in subparagraphs (A) and (B) of paragraph 
        (1) with respect to a self-test described in that paragraph, 
        any report or results of that self-test--
                    ``(A) shall be privileged; and
                    ``(B) may not be obtained or used by any applicant, 
                department, or agency in any--
                            ``(i) proceeding or civil action in which 
                        one or more violations of this title are 
                        alleged; or
                            ``(ii) examination or investigation 
                        relating to compliance with this title.
    ``(b) Results of Self-Testing.--
            ``(1) In general.--No provision of this section may be 
        construed to prevent an aggrieved person, complainant, 
        department, or agency from obtaining or using a report or 
        results of any self-test in any proceeding or civil action in 
        which a violation of this title is alleged, or in any 
        examination or investigation of compliance with this title if--
                    ``(A) the person to whom the self-test relates or 
                any person with lawful access to the report or the 
                results--
                            ``(i) voluntarily releases or discloses 
                        all, or any part of, the report or results to 
                        the aggrieved person, complainant, department, 
                        or agency, or to the general public; or
                            ``(ii) refers to or describes the report or 
                        results as a defense to charges of violations 
                        of this title against the person to whom the 
                        self-test relates; or
                    ``(B) the report or results are sought in 
                conjunction with an adjudication or admission of a 
                violation of this title for the sole purpose of 
                determining an appropriate penalty or remedy.
            ``(2) Disclosure for determination of penalty or remedy.--
        Any report or results of a self-test that are disclosed for the 
        purpose specified in paragraph (1)(B)--
                    ``(A) shall be used only for the particular 
                proceeding in which the adjudication or admission 
                referred to in paragraph (1)(B) is made; and
                    ``(B) may not be used in any other action or 
                proceeding.
    ``(c) Adjudication.--An aggrieved person, complainant, department, 
or agency that challenges a privilege asserted under this section may 
seek a determination of the existence and application of that privilege 
in--
            ``(1) a court of competent jurisdiction; or
            ``(2) an administrative law proceeding with appropriate 
        jurisdiction.''.
            (2) Regulations.--
                    (A) In general.--Not later than 6 months after the 
                date of enactment of this Act, in consultation with the 
                Board and after providing notice and an opportunity for 
                public comment, the Secretary of Housing and Urban 
                Development shall promulgate final regulations to 
                implement section 814A of the Fair Housing Act, as 
                added by this section.
                    (B) Self-test.--
                            (i) Definition.--The regulations 
                        promulgated by the Secretary under subparagraph 
                        (A) shall include a definition of the term 
                        ``self-test'' for purposes of section 814A of 
                        the Fair Housing Act, as added by this section.
                            (ii) Requirement for self-test.--The 
                        regulations promulgated by the Secretary under 
                        subparagraph (A) shall specify that a self-test 
                        shall be sufficiently extensive to constitute a 
                        determination of the level and effectiveness of 
                        the compliance by a person engaged in 
                        residential real estate related lending 
                        activities with the Fair Housing Act.
                            (iii) Substantial similarity to certain 
                        equal credit opportunity act regulations.--The 
                        regulations promulgated under subparagraph (A) 
                        shall be substantially similar to the 
                        regulations promulgated by the Board to carry 
                        out section 704A of the Equal Credit 
                        Opportunity Act, as added by this section.
    (c) Applicability.--
            (1) In general.--Except as provided in paragraph (2), the 
        privilege provided for in section 704A of the Equal Credit 
        Opportunity Act or section 814A of the Fair Housing Act (as 
        those sections are added by this section) shall apply to a 
        self-test (as that term is defined pursuant to the regulations 
        promulgated under subsection (a)(2) or (b)(2) of this section, 
        as appropriate) conducted before, on, or after the effective 
        date of the regulations promulgated under subsection (a)(2) or 
        (b)(2), as appropriate.
            (2) Exception.--The privilege referred to in paragraph (1) 
        does not apply to such a self-test conducted prior to the 
        effective date of the regulations promulgated under subsection 
        (a) or (b), as appropriate, if--
                    (A) before that effective date, a complaint against 
                the creditor or person engaged in residential real 
                estate related lending activities (as the case may be) 
                was--
                            (i) formally filed in any court of 
                        competent jurisdiction; or
                            (ii) the subject of an ongoing 
                        administrative law proceeding;
                    (B) in the case of section 704A of the Equal Credit 
                Opportunity Act, the creditor has waived the privilege 
                pursuant to subsection (b)(1)(A)(i) of that section; or
                    (C) in the case of section 814A of the Fair Housing 
                Act, the person engaged in residential real estate 
                related lending activities has waived the privilege 
                pursuant to subsection (b)(1)(A)(i) of that section.

SEC. 303. QUALIFIED THRIFT INVESTMENT AMENDMENTS.

    (a) Credit Cards.--Section 5(b) of the Home Owners' Loan Act (12 
U.S.C. 1464(b)) is amended--
            (1) by striking paragraph (4); and
            (2) by redesignating paragraph (5) as paragraph (4).
    (b) Loans or Investments Without Percentage of Assets Limitation.--
Section 5(c)(1) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(1)) is 
amended by adding at the end the following new subparagraphs:
                    ``(T) Credit card loans.--Loans made through credit 
                cards or credit card accounts.
                    ``(U) Educational loans.--Loans made for the 
                payment of educational expenses.''.
    (c) Commercial and Other Loans.--Section 5(c)(2)(A) of the Home 
Owners' Loan Act (12 U.S.C. 1464(c)(2)(A)) is amended to read as 
follows:
                    ``(A) Commercial and other loans.--Secured or 
                unsecured loans for commercial, corporate, business, or 
                agricultural purposes. The aggregate amount of loans 
                made under this subparagraph may not exceed 20 percent 
                of the total assets of the Federal savings association, 
                and amounts in excess of 10 percent of such total 
                assets may be used under this subparagraph only for 
                small business loans, as that term is defined by the 
                Director.''.
    (d) Loans or Investments Limited to 5 Percent of Assets.--Section 
5(c)(3) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(3)) is 
amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (A), (B), and (C), respectively.
    (e) Qualified Thrift Lender Test.--Section 10(m)(1) of the Home 
Owners' Loan Act (12 U.S.C. 1467a(m)(1)) is amended--
            (1) by redesignating subparagraph (B) as clause (ii);
            (2) in subparagraph (A), by striking ``(A) the savings'' 
        and inserting ``(B)(i) the savings''; and
            (3) by inserting after ``if--'' the following new 
        subparagraph:
                    ``(A) the savings association qualifies as a 
                domestic building and loan association, as such term is 
                defined in section 7701(a)(19) of the Internal Revenue 
                Code of 1986; or''.
    (f) Branching.--Section 5(r) of the Home Owners' Loan Act (12 
U.S.C. 1464(r)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence--
                            (i) by inserting before the period ``, or 
                        qualifies as a qualified thrift lender, as 
                        determined under section 10(m) of this Act''; 
                        and
                            (ii) by striking ``(c)'' and inserting 
                        ``(C)''; and
                    (B) in the second sentence, by inserting before the 
                period ``or as a qualified thrift lender, as determined 
                under section 10(m) of this Act, as applicable''; and
            (2) in paragraph (2), by striking subparagraph (C) and 
        inserting the following:
            ``(C) the law of the State where the branch is located, or 
        is to be located, would permit establishment of the branch if 
        the association was a savings association or savings bank 
        chartered by the State in which its home office is located; 
        or''.
    (g) Definition.--Section 10(m)(4) of the Home Owners' Loan Act (12 
U.S.C. 1467a(m)(4)) is amended--
            (1) by striking ``subsection--'' and inserting 
        ``subsection, the following definitions shall apply:'';
            (2) in subparagraph (C)--
                    (A) in clause (ii), by adding at the end the 
                following new subclause:
                                    ``(VII) Loans for educational 
                                purposes, loans to small businesses, 
                                and loans made through credit cards or 
                                credit card accounts.''; and
                    (B) in clause (iii), by striking subclause (VI) and 
                inserting the following:
                                    ``(VI) Loans for personal, family, 
                                or household purposes (other than loans 
                                for personal, family, or household 
                                purposes described in clause 
                                (ii)(VII)).''; and
            (3) by adding at the end the following new subparagraphs:
                    ``(D) Credit card.--The Director shall issue such 
                regulations as may be necessary to define the term 
                `credit card'.
                    ``(E) Small business.--The Director shall issue 
                such regulations as may be necessary to define the term 
                `small business'.''.

SEC. 304. LIMITED PURPOSE BANKS.

    (a) Growth Cap Relief.--Section 4(f)(3)(B) of the Bank Holding 
Company Act of 1956 (12 U.S.C. 1843(f)(3)(B)) is amended--
            (1) in clause (ii), by adding ``or'' at the end;
            (2) in clause (iii), by striking ``; or'' at the end and 
        inserting a period; and
            (3) by striking clause (iv).
    (b) Limited Purpose Bank Exception.--Section 2(c)(2)(F) of the Bank 
Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(F)) is amended by 
inserting ``, including an institution that accepts collateral for 
extensions of credit by holding deposits under $100,000, and by other 
means'' after ``An institution''.

SEC. 305. AMENDMENT TO FAIR DEBT COLLECTION PRACTICES ACT.

    (a) In General.--Section 807(11) of the Fair Debt Collection 
Practices Act (15 U.S.C. 1692e(11)) is amended to read as follows:
            ``(11) The failure to disclose in the initial written 
        communication with the consumer and, in addition, if the 
        initial communication with the consumer is oral, in that 
        initial oral communication, that the debt collector is 
        attempting to collect a debt and that any information obtained 
        will be used for that purpose, and the failure to disclose in 
        subsequent communications that the communication is from a debt 
        collector, except that this paragraph does not apply to a 
        formal pleading made in connection with a legal action.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 90 days after the date of enactment of this Act and shall 
apply to all communications made after that date of enactment.

SEC. 306. INCREASE IN CERTAIN CREDIT UNION LOAN CEILINGS.

    Section 107(5)(A) of the Federal Credit Union Act (12 U.S.C. 
1757(5)(A)) is amended--
            (1) in clause (iv), by striking ``$10,000'' and inserting 
        ``$20,000''; and
            (2) in clause (v), by striking ``$10,000'' and inserting 
        ``$20,000''.

SEC. 307. BANK INVESTMENTS IN EDGE ACT AND AGREEMENT CORPORATIONS.

    The 10th undesignated paragraph of section 25A of the Federal 
Reserve Act (12 U.S.C. 618) is amended by striking the last sentence 
and inserting the following: ``Any national bank may invest in the 
stock of any corporation organized under this section. The aggregate 
amount of stock held by any national bank in all corporations engaged 
in business of the kind described in this section or section 25 shall 
not exceed an amount equal to 10 percent of the capital and surplus of 
such bank unless the Board determines that the investment of an 
additional amount by the bank would not be unsafe or unsound and, in 
any case, shall not exceed an amount equal to 20 percent of the capital 
and surplus of such bank.''.

                       TITLE IV--CONSUMER CREDIT

                  Subtitle A--Credit Reporting Reform

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``Consumer Credit Reporting 
Reform Act of 1996''.

SEC. 402. DEFINITIONS.

    (a) Adverse Action.--Section 603 of the Fair Credit Reporting Act 
(15 U.S.C. 1681a) is amended by adding at the end the following new 
subsection:
    ``(k) Adverse Action.--
            ``(1) Actions included.--The term `adverse action'--
                    ``(A) has the same meaning as in section 701(d)(6) 
                of the Equal Credit Opportunity Act; and
                    ``(B) means--
                            ``(i) a denial or cancellation of, an 
                        increase in any charge for, or a reduction or 
                        other adverse or unfavorable change in the 
                        terms of coverage or amount of, any insurance, 
                        existing or applied for, in connection with the 
                        underwriting of insurance;
                            ``(ii) a denial of employment or any other 
                        decision for employment purposes that adversely 
                        affects any current or prospective employee;
                            ``(iii) a denial or cancellation of, an 
                        increase in any charge for, or any other 
                        adverse or unfavorable change in the terms of, 
                        any license or benefit described in section 
                        604(a)(3)(D); and
                            ``(iv) an action taken or determination 
                        that is--
                                    ``(I) made in connection with an 
                                application that was made by, or a 
                                transaction that was initiated by, any 
                                consumer, or in connection with a 
                                review of an account under section 
                                604(a)(3)(F)(ii); and
                                    ``(II) adverse to the interests of 
                                the consumer.
            ``(2) Applicable findings, decisions, commentary, and 
        orders.--For purposes of any determination of whether an action 
        is an adverse action under paragraph (1)(A), all appropriate 
        final findings, decisions, commentary, and orders issued under 
        section 701(d)(6) of the Equal Credit Opportunity Act by the 
        Board of Governors of the Federal Reserve System or any court 
        shall apply.''.
    (b) Firm Offer of Credit or Insurance.--Section 603 of the Fair 
Credit Reporting Act (15 U.S.C. 1681a) (as amended by subsection (a) of 
this section) is amended by adding at the end the following new 
subsection:
    ``(l) Firm Offer of Credit or Insurance.--The term `firm offer of 
credit or insurance' means any offer of credit or insurance to a 
consumer that will be honored if the consumer is determined, based on 
information in a consumer report on the consumer, to meet the specific 
criteria used to select the consumer for the offer, except that the 
offer may be further conditioned on one or more of the following:
            ``(1) The consumer being determined, based on information 
        in the consumer's application for the credit or insurance, to 
        meet specific criteria bearing on credit worthiness or 
        insurability, as applicable, that are established--
                    ``(A) before selection of the consumer for the 
                offer; and
                    ``(B) for the purpose of determining whether to 
                extend credit or insurance pursuant to the offer.
            ``(2) Verification--
                    ``(A) that the consumer continues to meet the 
                specific criteria used to select the consumer for the 
                offer, by using information in a consumer report on the 
                consumer, information in the consumer's application for 
                the credit or insurance, or other information bearing 
                on the credit worthiness or insurability of the 
                consumer; or
                    ``(B) of the information in the consumer's 
                application for the credit or insurance, to determine 
                that the consumer meets the specific criteria bearing 
                on credit worthiness or insurability.
            ``(3) The consumer furnishing any collateral that is a 
        requirement for the extension of the credit or insurance that 
        was--
                    ``(A) established before selection of the consumer 
                for the offer of credit or insurance; and
                    ``(B) disclosed to the consumer in the offer of 
                credit or insurance.''.
    (c) Credit or Insurance Transaction That Is Not Initiated by the 
Consumer.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 
1681a) (as amended by subsection (b) of this section) is amended by 
adding at the end the following new subsection:
    ``(m) Credit or Insurance Transaction That Is Not Initiated by the 
Consumer.--The term `credit or insurance transaction that is not 
initiated by the consumer' does not include the use of a consumer 
report by a person with which the consumer has an account or insurance 
policy, for purposes of--
            ``(1) reviewing the account or insurance policy; or
            ``(2) collecting the account.''.
    (d) State.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 
1681a) (as amended by subsection (c) of this section) is amended by 
adding at the end the following new subsection:
    ``(n) State.--The term `State' means any State, the Commonwealth of 
Puerto Rico, the District of Columbia, and any territory or possession 
of the United States.''.
    (e) Definition of Consumer Report.--Section 603(d) of the Fair 
Credit Reporting Act (15 U.S.C. 1681a(d)) is amended--
            (1) by striking ``(d) The term'' and inserting the 
        following:
    ``(d) Consumer Report.--
            ``(1) In general.--The term'';
            (2) by striking ``for (1) credit'' and inserting the 
        following: ``for--
                    ``(A) credit'';
            (3) by striking ``purposes, or (2)'' and all that follows 
        through ``section 604.'' and inserting the following: 
        ``purposes;
                    ``(B) employment purposes; or
                    ``(C) any other purpose authorized under section 
                604.''; and
            (4) by striking the second sentence and inserting the 
        following:
            ``(2) Exclusions.--The term `consumer report' does not 
        include--
                    ``(A) any--
                            ``(i) report containing information solely 
                        as to transactions or experiences between the 
                        consumer and the person making the report;
                            ``(ii) communication of that information 
                        among persons related by common ownership or 
                        affiliated by corporate control; or
                            ``(iii) any communication of other 
                        information among persons related by common 
                        ownership or affiliated by corporate control, 
                        if it is clearly and conspicuously disclosed to 
                        the consumer that the information may be 
                        communicated among such persons and the 
                        consumer is given the opportunity, prior to the 
                        time that the information is initially 
                        communicated, to direct that such information 
                        not be communicated among such persons;
                    ``(B) any authorization or approval of a specific 
                extension of credit directly or indirectly by the 
                issuer of a credit card or similar device;
                    ``(C) any report in which a person who has been 
                requested by a third party to make a specific extension 
                of credit directly or indirectly to a consumer conveys 
                his or her decision with respect to such request, if 
                the third party advises the consumer of the name and 
                address of the person to whom the request was made, and 
                such person makes the disclosures to the consumer 
                required under section 615; or
                    ``(D) a communication described in subsection 
                (o).''.
    (f) Exclusion of Certain Communications by Employment Agencies From 
Definition of Consumer Report.--Section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the 
following new subsection:
    ``(o) Excluded Communications.--A communication is described in 
this subsection if it is a communication--
            ``(1) that, but for subsection (d)(2)(E), would be an 
        investigative consumer report;
            ``(2) that is made to a prospective employer for the 
        purpose of--
                    ``(A) procuring an employee for the employer; or
                    ``(B) procuring an opportunity for a natural person 
                to work for the employer;
            ``(3) that is made by a person who regularly performs such 
        procurement;
            ``(4) that is not used by any person for any purpose other 
        than a purpose described in subparagraph (A) or (B) of 
        paragraph (2); or
            ``(5) with respect to which--
                    ``(A) the consumer who is the subject of the 
                communication--
                            ``(i) consents orally or in writing to the 
                        nature and scope of the communication, before 
                        the collection of any information for the 
                        purpose of making the communication;
                            ``(ii) consents orally or in writing to the 
                        making of the communication to a prospective 
                        employer, before the making of the 
                        communication; and
                            ``(iii) in the case of consent under clause 
                        (i) or (ii) given orally, is provided written 
                        confirmation of that consent by the person 
                        making the communication, not later than 3 
                        business days after the receipt of the consent 
                        by that person;
                    ``(B) the person who makes the communication does 
                not, for the purpose of making the communication, make 
                any inquiry that if made by a prospective employer of 
                the consumer who is the subject of the communication 
                would violate any applicable Federal or State equal 
                employment opportunity law or regulation; and
                    ``(C) the person who makes the communication--
                            ``(i) discloses in writing to the consumer 
                        who is the subject of the communication, not 
                        later than 5 business days after receiving any 
                        request from the consumer for such disclosure, 
                        the nature and substance of all information in 
                        the consumer's file at the time of the request, 
                        except that the sources of any information that 
                        is acquired solely for use in making the 
                        communication and is actually used for no other 
                        purpose, need not be disclosed other than under 
                        appropriate discovery procedures in any court 
                        of competent jurisdiction in which an action is 
                        brought; and
                            ``(ii) notifies the consumer who is the 
                        subject of the communication, in writing, of 
                        the consumer's right to request the information 
                        described in clause (i).''.
    (g) Consumer Reporting Agency That Compiles and Maintains Files on 
a Nationwide Basis.--Section 603 of the Fair Credit Reporting Act (15 
U.S.C. 1681a) (as amended by subsection (f) of this section) is amended 
by adding at the end the following new subsection:
    ``(p) Consumer Reporting Agency That Compiles and Maintains Files 
on Consumers on a Nationwide Basis.--The term `consumer reporting 
agency that compiles and maintains files on consumers on a nationwide 
basis' means a consumer reporting agency that regularly engages in the 
practice of assembling or evaluating, and maintaining, for the purpose 
of furnishing consumer reports to third parties bearing on a consumer's 
credit worthiness, credit standing, or credit capacity, each of the 
following regarding consumers residing nationwide:
            ``(1) Public record information.
            ``(2) Credit account information from persons who furnish 
        that information regularly and in the ordinary course of 
        business.''.

SEC. 403. FURNISHING CONSUMER REPORTS; USE FOR EMPLOYMENT PURPOSES.

    (a) Furnishing Consumer Reports for Business Transactions.--Section 
604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended--
            (1) by inserting ``(a) In General.--'' before ``A consumer 
        reporting agency''; and
            (2) in subsection (a)(3) (as so designated by paragraph (1) 
        of this subsection), by striking subparagraph (E) and inserting 
        the following:
                    ``(E) intends to use the information, as a 
                potential investor or servicer, or current insurer, in 
                connection with a valuation of, or an assessment of the 
                credit or prepayment risks associated with, an existing 
                credit obligation; or
            ``(F) otherwise has a legitimate business need for the 
        information--
                    ``(i) in connection with a business transaction 
                that--
                            ``(I) is initiated by the consumer; or
                            ``(II) is a direct marketing transaction 
                        for which the furnishing of information from a 
                        consumer's file by the agency is not prohibited 
                        under subsection (d); or
                    ``(ii) to review an account to determine whether 
                the consumer continues to meet the terms of the 
                account.''.
    (b) Furnishing and Using Consumer Reports for Employment 
Purposes.--Section 604 of the Fair Credit Reporting Act (15 U.S.C. 
1681b) is amended by adding at the end the following new subsection:
    ``(b) Conditions for Furnishing and Using Consumer Reports for 
Employment Purposes.--
            ``(1) Certification from user.--A consumer reporting agency 
        may furnish a consumer report for employment purposes only if--
                    ``(A) the person who obtains such report from the 
                agency certifies to the agency that--
                            ``(i) the person has complied with 
                        paragraph (2) with respect to the consumer 
                        report, and the person will comply with 
                        paragraph (3) with respect to the consumer 
                        report if paragraph (3) becomes applicable; and
                            ``(ii) information from the consumer report 
                        will not be used in violation of any applicable 
                        Federal or State equal employment opportunity 
                        law or regulation; and
                    ``(B) the consumer reporting agency provides with 
                the report a summary of the consumer's rights under 
                this title, as prescribed by the Federal Trade 
                Commission under section 609(c)(3).
            ``(2) Disclosure to consumer.--A person may not procure a 
        consumer report, or cause a consumer report to be procured, for 
        employment purposes with respect to any consumer, unless--
                    ``(A) a clear and conspicuous disclosure has been 
                made in writing to the consumer at any time before the 
                report is procured or caused to be procured, in a 
                document that consists solely of the disclosure, that a 
                consumer report may be obtained for employment 
                purposes; and
                    ``(B) the consumer has authorized in writing the 
                procurement of the report by that person.
            ``(3) Conditions on use for adverse actions.--In using a 
        consumer report for employment purposes, before taking any 
        adverse action based in whole or in part on the report, the 
        person intending to take such adverse action shall provide to 
        the consumer to whom the report relates--
                    ``(A) a copy of the report; and
                    ``(B) a description in writing of the rights of the 
                consumer under this title, as prescribed by the Federal 
                Trade Commission under section 609(c)(3).''.

SEC. 404. USE OF CONSUMER REPORTS FOR PRESCREENING AND DIRECT 
              MARKETING; PROHIBITION ON UNAUTHORIZED OR UNCERTIFIED USE 
              OF INFORMATION.

    (a) In General.--Section 604 of the Fair Credit Reporting Act (15 
U.S.C. 1681b) (as amended by section 403 of this division) is amended--
            (1) in subsection (a), by striking ``A consumer reporting 
        agency'' and inserting ``Subject to subsections (c) and (d), 
        any consumer reporting agency''; and
            (2) by adding at the end the following new subsections:
    ``(c) Furnishing Reports in Connection With Credit or Insurance 
Transactions That Are Not Initiated by the Consumer.--
            ``(1) In general.--A consumer reporting agency may furnish 
        a consumer report relating to any consumer pursuant to 
        subparagraph (A) or (C) of subsection (a)(3) in connection with 
        any credit or insurance transaction that is not initiated by 
        the consumer only if--
                    ``(A) the consumer authorizes the agency to provide 
                such report to such person; or
                    ``(B)(i) the transaction consists of a firm offer 
                of credit or insurance;
                    ``(ii) the consumer reporting agency has complied 
                with subsection (e); and
                    ``(iii) there is not in effect an election by the 
                consumer, made in accordance with subsection (e), to 
                have the consumer's name and address excluded from 
                lists of names provided by the agency pursuant to this 
                paragraph.
            ``(2) Limits on information received under paragraph 
        (1)(b).--A person may receive pursuant to paragraph (1)(B) 
        only--
                    ``(A) the name and address of a consumer;
                    ``(B) an identifier that is not unique to the 
                consumer and that is used by the person solely for the 
                purpose of verifying the identity of the consumer; and
                    ``(C) other information pertaining to a consumer 
                that does not identify the relationship or experience 
                of the consumer with respect to a particular creditor 
                or other entity.
            ``(3) Information regarding inquiries.--Except as provided 
        in section 609(a)(5), a consumer reporting agency shall not 
        furnish to any person a record of inquiries in connection with 
        a credit or insurance transaction that is not initiated by a 
        consumer.
    ``(d) Furnishing Information From Consumer Files in Connection With 
Direct Marketing Transactions That Are Not Initiated by the Consumer.--
            ``(1) In general.--A consumer reporting agency may furnish 
        information from a file relating to a consumer pursuant to 
        subsection (a)(3)(F) in connection with a direct marketing 
        transaction that is not initiated by the consumer only if--
                    ``(A) the consumer authorizes the agency to provide 
                such information to such person; or
                    ``(B)(i) the consumer reporting agency has complied 
                with subsection (e); and
                    ``(ii) there is not in effect an election by the 
                consumer, made in accordance with subsection (e), to 
                have the name and address of the consumer excluded from 
                lists of names provided by the agency pursuant to this 
                paragraph.
            ``(2) Limits on furnishing information under paragraph 
        (1)(b).--A consumer reporting agency may furnish, pursuant to 
        paragraph (1)(B), only the name and address of a consumer and 
        other information that would not disclose the credit payment 
        history, credit limit, credit balance, or any negative 
        information pertaining to the consumer.
            ``(3) Information regarding inquiries.--Except as provided 
        in section 609(a)(5), a consumer reporting agency shall not 
        furnish to any person a record of inquiries made in connection 
        with a direct marketing transaction that is not initiated by a 
        consumer.
    ``(e) Election of Consumer To Be Excluded From Lists.--
            ``(1) In general.--A consumer may elect to have the 
        consumer's name and address excluded from any list provided by 
        a consumer reporting agency under subsection (c)(1)(B) in 
        connection with a credit or insurance transaction that is not 
        initiated by the consumer or under subsection (d)(1)(B) in 
        connection with a direct marketing transaction that is not 
        initiated by the consumer, by notifying the agency in 
        accordance with paragraph (2) that the consumer does not 
        consent to any use of a consumer report relating to the 
        consumer in connection with any credit or insurance transaction 
        that is not initiated by the consumer or any direct marketing 
        transaction that is not initiated by the consumer.
            ``(2) Manner of notification.--A consumer shall notify a 
        consumer reporting agency under paragraph (1)--
                    ``(A) through the notification system maintained by 
                the agency under paragraph (5); or
                    ``(B) by submitting to the agency a signed notice 
                of election form issued by the agency for purposes of 
                this subparagraph.
            ``(3) Response of agency after notification through 
        system.--Upon receipt of notification of the election of a 
        consumer under paragraph (1) through the notification system 
        maintained by the agency under paragraph (5), a consumer 
        reporting agency shall--
                    ``(A) inform the consumer that the election is 
                effective only for the 2-year period following the 
                election if the consumer does not submit to the agency 
                a signed notice of election form issued by the agency 
                for purposes of paragraph (2)(B); and
                    ``(B) provide to the consumer a notice of election 
                form, if requested by the consumer, not later than 5 
                business days after receipt of the notification of the 
                election through the system established under paragraph 
                (5), in the case of a request made at the time the 
                consumer provides notification through the system.
            ``(4) Effectiveness of election.--An election of a consumer 
        under paragraph (1)--
                    ``(A) shall be effective with respect to a consumer 
                reporting agency beginning 5 business days after the 
                date on which the consumer notifies the agency in 
                accordance with paragraph (2);
                    ``(B) shall be effective with respect to a consumer 
                reporting agency--
                            ``(i) subject to subparagraph (C), during 
                        the 2-year period beginning 5 business days 
                        after the date on which the consumer notifies 
                        the agency of the election, in the case of an 
                        election for which a consumer notifies the 
                        agency only in accordance with paragraph 
                        (2)(A); or
                            ``(ii) until the consumer notifies the 
                        agency under subparagraph (C), in the case of 
                        an election for which a consumer notifies the 
                        agency in accordance with paragraph (2)(B);
                    ``(C) shall not be effective after the date on 
                which the consumer notifies the agency, through the 
                notification system established by the agency under 
                paragraph (5), that the election is no longer 
                effective; and
                    ``(D) shall be effective with respect to each 
                affiliate of the agency.
            ``(5) Notification system.--
                    ``(A) In general.--Each consumer reporting agency 
                that, under subsection (c)(1)(B), furnishes a consumer 
                report in connection with a credit or insurance 
                transaction that is not initiated by a consumer or, 
                under subsection (d)(1)(B), furnishes a consumer report 
                in connection with a direct marketing transaction that 
                is not initiated by a consumer, shall--
                            ``(i) establish and maintain a notification 
                        system, including a toll-free telephone number, 
                        which permits any consumer whose consumer 
                        report is maintained by the agency to notify 
                        the agency, with appropriate identification, of 
                        the consumer's election to have the consumer's 
                        name and address excluded from any such list of 
                        names and addresses provided by the agency for 
                        such a transaction; and
                            ``(ii) publish by not later than 365 days 
                        after the date of enactment of the Consumer 
                        Credit Reporting Reform Act of 1996, and not 
                        less than annually thereafter, in a publication 
                        of general circulation in the area served by 
                        the agency--
                                    ``(I) a notification that 
                                information in consumer files 
                                maintained by the agency may be used in 
                                connection with such transactions; and
                                    ``(II) the address and toll-free 
                                telephone number for consumers to use 
                                to notify the agency of the consumer's 
                                election under clause (i).
                    ``(B) Establishment and maintenance as 
                compliance.--Establishment and maintenance of a 
                notification system (including a toll-free telephone 
                number) and publication by a consumer reporting agency 
                on the agency's own behalf and on behalf of any of its 
                affiliates in accordance with this paragraph is deemed 
                to be compliance with this paragraph by each of those 
affiliates.
            ``(6) Notification system by agencies that operate 
        nationwide.--Each consumer reporting agency that compiles and 
        maintains files on consumers on a nationwide basis shall 
        establish and maintain a notification system for purposes of 
        paragraph (5) jointly with other such consumer reporting 
        agencies.''.
    (b) Use of Information Obtained From Reports.--Section 604 of the 
Fair Credit Reporting Act (15 U.S.C. 1681b) (as amended by subsection 
(a) of this section) is amended by adding at the end the following new 
subsection:
    ``(f) Certain Use or Obtaining of Information Prohibited.--A person 
shall not use or obtain a consumer report for any purpose unless--
            ``(1) the consumer report is obtained for a purpose for 
        which the consumer report is authorized to be furnished under 
        this section; and
            ``(2) the purpose is certified in accordance with section 
        607 by a prospective user of the report through a general or 
        specific certification.''.
    (c) FTC Guidelines Regarding Prescreening for Insurance 
Transactions.--The Federal Trade Commission may issue such guidelines 
as it deems necessary with respect to the use of consumer reports in 
connection with insurance transactions that are not initiated by the 
consumer pursuant to section 604(c) of the Fair Credit Reporting Act, 
as added by subsection (a) of this section.

SEC. 405. CONSUMER CONSENT REQUIRED TO FURNISH CONSUMER REPORT 
              CONTAINING MEDICAL INFORMATION.

    Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is 
amended by adding at the end the following new subsection:
    ``(g) Furnishing Reports Containing Medical Information.--A 
consumer reporting agency shall not furnish for employment purposes, or 
in connection with a credit or insurance transaction or a direct 
marketing transaction, a consumer report that contains medical 
information about a consumer, unless the consumer consents to the 
furnishing of the report.''.

SEC. 406. OBSOLETE INFORMATION AND INFORMATION CONTAINED IN CONSUMER 
              REPORTS.

    (a) Amendment to Large-Dollar Exception.--Section 605 of the Fair 
Credit Reporting Act (15 U.S.C. 1681c) is amended--
            (1) by inserting ``Information Excluded From Consumer 
        Reports.--'' after ``(a)'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``$50,000'' and 
                inserting ``$150,000'';
                    (B) in paragraph (2), by striking ``$50,000'' and 
                inserting ``$150,000''; and
                    (C) in paragraph (3), by striking ``$20,000'' and 
                inserting ``$75,000''.
    (b) Clarification of Reporting Period.--Section 605 of the Fair 
Credit Reporting Act (15 U.S.C. 1681c) (as amended by subsection (a) of 
this section) is amended by adding at the end the following new 
subsection:
    ``(c) Running of Reporting Period.--
            ``(1) In general.--The 7-year period referred to in 
        paragraphs (4) and (6) of subsection (a) shall begin, with 
        respect to any delinquent account that is placed for collection 
        (internally or by referral to a third party, whichever is 
        earlier), charged to profit and loss, or subjected to any 
        similar action, upon the expiration of the 180-day period 
        beginning on the date of the commencement of the delinquency 
        which immediately preceded the collection activity, charge to 
        profit and loss, or similar action.
            ``(2) Effective date.--Paragraph (1) shall apply only to 
        items of information added to the file of a consumer on or 
        after the date that is 455 days after the date of enactment of 
        the Consumer Credit Reporting Reform Act of 1996.''.
    (c) Additional Information on Bankruptcy Filings Required.--Section 
605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by 
adding at the end the following new subsection:
    ``(d) Information Required To Be Disclosed.--Any consumer reporting 
agency that furnishes a consumer report that contains information 
regarding any case involving the consumer that arises under title 11, 
United States Code, shall include in the report an identification of 
the chapter of such title 11 under which such case arises if provided 
by the source of the information. If any case arising or filed under 
title 11, United States Code, is withdrawn by the consumer prior to a 
final judgment, the consumer reporting agency shall include in the 
report that such case or filing was withdrawn upon receipt of 
documentation certifying such withdrawal.''.
    (d) Indication of Closure of Account; Indication of Dispute by 
Consumer.--Section 605 of the Fair Credit Reporting Act (15 U.S.C. 
1681c) is amended by adding at the end the following new subsections:
    ``(e) Indication of Closure of Account by Consumer.--If a consumer 
reporting agency is notified pursuant to section 623(a)(4) that a 
credit account of a consumer was voluntarily closed by the consumer, 
the agency shall indicate that fact in any consumer report that 
includes information related to the account.
    ``(f) Indication of Dispute by Consumer.--If a consumer reporting 
agency is notified pursuant to section 623(a)(3) that information 
regarding a consumer who was furnished to the agency is disputed by the 
consumer, the agency shall indicate that fact in each consumer report 
that includes the disputed information.''.
    (e) Conforming Amendments.--
            (1) Section 605 of the Fair Credit Reporting Act (15 U.S.C. 
        1681c) is amended in the section heading, by striking 
        ``obsolete information'' and inserting ``requirements relating 
        to information contained in consumer reports''.
            (2) The table of sections for the Fair Credit Reporting Act 
        (15 U.S.C. 1681a et seq.) is amended by striking the item 
        relating to section 605 and inserting the following:

``605. Requirements relating to information contained in consumer 
                            reports.''.

SEC. 407. COMPLIANCE PROCEDURES.

    (a) Disclosure of Consumer Reports by Users.--Section 607 of the 
Fair Credit Reporting Act (15 U.S.C. 1681e) is amended by adding at the 
end the following new subsection:
    ``(c) Disclosure of Consumer Reports by Users Allowed.--A consumer 
reporting agency may not prohibit a user of a consumer report furnished 
by the agency on a consumer from disclosing the contents of the report 
to the consumer, if adverse action against the consumer has been taken 
by the user based in whole or in part on the report.''.
    (b) Notice to Users and Providers of Information To Ensure 
Compliance.--Section 607 of the Fair Credit Reporting Act (15 U.S.C. 
1681e) is amended by adding after subsection (c) (as added by 
subsection (a) of this section) the following new subsection:
    ``(d) Notice to Users and Furnishers of Information.--
            ``(1) Notice requirement.--A consumer reporting agency 
        shall provide to any person--
                    ``(A) who regularly and in the ordinary course of 
                business furnishes information to the agency with 
                respect to any consumer; or
                    ``(B) to whom a consumer report is provided by the 
                agency; a notice of such person's responsibilities 
under this title.
            ``(2) Content of notice.--The Federal Trade Commission 
        shall prescribe the content of notices under paragraph (1), and 
        a consumer reporting agency shall be in compliance with this 
        subsection if it provides a notice under paragraph (1) that is 
        substantially similar to the Federal Trade Commission 
        prescription under this paragraph.''.
    (c) Record of Identity of Users and Purposes Certified by Users of 
Reports.--Section 607 of the Fair Credit Reporting Act (15 U.S.C. 
1681e) is amended by adding after subsection (d) (as added by 
subsection (b) of this section) the following new subsection:
    ``(e) Procurement of Consumer Report for Resale.--
            ``(1) Disclosure.--A person may not procure a consumer 
        report for purposes of reselling the report (or any information 
        in the report) unless the person discloses to the consumer 
        reporting agency that originally furnishes the report--
                    ``(A) the identity of the end-user of the report 
                (or information); and
                    ``(B) each permissible purpose under section 604 
                for which the report is furnished to the end-user of 
                the report (or information).
            ``(2) Responsibilities of procurers for resale.--A person 
        who procures a consumer report for purposes of reselling the 
        report (or any information in the report) shall--
                    ``(A) establish and comply with reasonable 
                procedures designed to ensure that the report (or 
                information) is resold by the person only for a purpose 
                for which the report may be furnished under section 
                604, including by requiring that each person to which 
                the report (or information) is resold and that resells 
                or provides the report (or information) to any other 
                person--
                            ``(i) identifies each end user of the 
                        resold report (or information);
                            ``(ii) certifies each purpose for which the 
                        report (or information) will be used; and
                            ``(iii) certifies that the report (or 
                        information) will be used for no other purpose; 
                        and
                    ``(B) before reselling the report, make reasonable 
                efforts to verify the identifications and 
                certifications made under subparagraph (A).''.

SEC. 408. CONSUMER DISCLOSURES.

    (a) All Information in Consumer's File Required To Be Disclosed.--
Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 
1681g(a)(1)) is amended to read as follows:
            ``(1) All information in the consumer's file at the time of 
        the request, except that nothing in this paragraph shall be 
        construed to require a consumer reporting agency to disclose to 
        a consumer any information concerning credit scores or any 
        other risk scores or predictors relating to the consumer.''.
    (b) More Information Concerning Recipients of Reports Required.--
Section 609(a)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)) 
is amended to read as follows:
            ``(3)(A) Identification of each person (including each end-
        user identified under section 607(e)(1)) that procured a 
        consumer report--
                    ``(i) for employment purposes, during the 2-year 
                period preceding the date on which the request is made; 
                or
                    ``(ii) for any other purpose, during the 1-year 
                period preceding the date on which the request is made.
            ``(B) An identification of a person under subparagraph (A) 
        shall include--
                    ``(i) the name of the person or, if applicable, the 
                trade name (written in full) under which such person 
                conducts business; and
                    ``(ii) upon request of the consumer, the address 
                and telephone number of the person.''.
    (c) Information Regarding Inquiries.--Section 609(a) of the Fair 
Credit Reporting Act (15 U.S.C. 1681g(a)) is amended by adding at the 
end the following new paragraph:
            ``(5) A record of all inquiries received by the agency 
        during the 1-year period preceding the request that identified 
        the consumer in connection with a credit or insurance 
        transaction that was not initiated by the consumer.''.
    (d) Summary of Rights Required To Be Included With Disclosure.--
            (1) In general.--Section 609 of the Fair Credit Reporting 
        Act (15 U.S.C. 1681g) is amended by adding at the end the 
        following new subsection:
    ``(c) Summary of Rights Required To Be Included With Disclosure.--
            ``(1) Summary of rights.--A consumer reporting agency shall 
        provide to a consumer, with each written disclosure by the 
        agency to the consumer under this section--
                    ``(A) a written summary of all of the rights that 
                the consumer has under this title; and
                    ``(B) in the case of a consumer reporting agency 
                that compiles and maintains files on consumers on a 
                nationwide basis, a toll-free telephone number 
                established by the agency, at which personnel are 
                accessible to consumers during normal business hours.
            ``(2) Specific items required to be included.--The summary 
        of rights required under paragraph (1) shall include--
                    ``(A) a brief description of this title and all 
                rights of consumers under this title;
                    ``(B) an explanation of how the consumer may 
                exercise the rights of the consumer under this title;
                    ``(C) a list of all Federal agencies responsible 
                for enforcing any provision of this title and the 
                address and any appropriate phone number of each such 
                agency, in a form that will assist the consumer in 
                selecting the appropriate agency;
                    ``(D) a statement that the consumer may have 
                additional rights under State law and that the consumer 
                may wish to contact a State or local consumer 
                protection agency or a State attorney general to learn 
                of those rights; and
                    ``(E) a statement that a consumer reporting agency 
                is not required to remove accurate derogatory 
                information from a consumer's file, unless the 
                information is outdated under section 605 or cannot be 
                verified.
            ``(3) Form of summary of rights.--For purposes of this 
        subsection and any disclosure by a consumer reporting agency 
        required under this title with respect to consumers' rights, 
        the Federal Trade Commission (after consultation with each 
        Federal agency referred to in section 621(b)) shall prescribe 
        the form and content of any such disclosure of the rights of 
        consumers required under this title. A consumer reporting 
        agency shall be in compliance with this subsection if it 
        provides disclosures under paragraph (1) that are substantially 
        similar to the Federal Trade Commission prescription under this 
paragraph.
            ``(4) Effectiveness.--No disclosures shall be required 
        under this subsection until the date on which the Federal Trade 
        Commission prescribes the form and content of such disclosures 
        under paragraph (3).''.
            (2) Technical amendment.--Section 606(a)(1)(B) of the Fair 
        Credit Reporting Act (15 U.S.C. 1681d(a)(1)(B)) is amended by 
        inserting ``and the written summary of the rights of the 
        consumer prepared pursuant to section 609(c)'' before the 
        semicolon.
    (e) Form of Disclosures.--
            (1) In general.--Subsections (a) and (b) of section 610 of 
        the Fair Credit Reporting Act (15 U.S.C. 1681h) are amended to 
        read as follows:
    ``(a) In General.--
            ``(1) Proper identification.--A consumer reporting agency 
        shall require, as a condition of making the disclosures 
        required under section 609, that the consumer furnish proper 
        identification.
            ``(2) Disclosure in writing.--Except as provided in 
        subsection (b), the disclosures required to be made under 
        section 609 shall be provided under that section in writing.
    ``(b) Other Forms of Disclosure.--
            ``(1) In general.--If authorized by a consumer, a consumer 
        reporting agency may make the disclosures required under 609--
                    ``(A) other than in writing; and
                    ``(B) in such form as may be--
                            ``(i) specified by the consumer in 
                        accordance with paragraph (2); and
                            ``(ii) available from the agency.
            ``(2) Form.--A consumer may specify pursuant to paragraph 
        (1) that disclosures under section 609 shall be made--
                    ``(A) in person, upon the appearance of the 
                consumer at the place of business of the consumer 
                reporting agency where disclosures are regularly 
                provided, during normal business hours, and on 
                reasonable notice;
                    ``(B) by telephone, if the consumer has made a 
                written request for disclosure by telephone;
                    ``(C) by electronic means, if available from the 
                agency; or
                    ``(D) by any other reasonable means that is 
                available from the agency.''.
            (2) Simplified disclosure.--Not later than 90 days after 
        the date of enactment of this Act, each consumer reporting 
        agency shall develop a form on which such consumer reporting 
        agency shall make the disclosures required under section 609(a) 
        of the Fair Credit Reporting Act, for the purpose of maximizing 
        the comprehensibility and standardization of such disclosures.
            (3) Goals.--The Federal Trade Commission shall take 
        appropriate action to assure that the goals of 
        comprehensibility and standardization are achieved in 
        accordance with paragraph (2).
            (4) Defamation.--Section 610(e) of the Fair Credit 
        Reporting Act (15 U.S.C. 1681h(e)) is amended by inserting ``or 
        based on information disclosed by a user of a consumer report 
        to or for a consumer against whom the user has taken adverse 
        action, based in whole or in part on the report'' before 
        ``except''.
            (5) Conforming amendments.--The Fair Credit Reporting Act 
        (15 U.S.C. 1681 et seq.) is amended--
                    (A) in section 609(a), in the matter preceding 
                paragraph (1), by striking ``and proper identification 
                of any consumer'' and inserting ``, and subject to 
                section 610(a)(1)'';
                    (B) in section 610, in the section heading, by 
                inserting ``and form'' after ``conditions''; and
                    (C) in the table of sections at the beginning of 
                that Act, in the item relating to section 610, by 
                inserting ``and form'' after ``conditions''.

SEC. 409. PROCEDURES IN CASE OF THE DISPUTED ACCURACY OF ANY 
              INFORMATION IN A CONSUMER'S FILE.

    (a) In General.--Section 611(a) of the Fair Credit Reporting Act 
(15 U.S.C. 1681i(a)) is amended to read as follows:
    ``(a) Reinvestigations of Disputed Information.--
            ``(1) Reinvestigation required.--
                    ``(A) In general.--If the completeness or accuracy 
                of any item of information contained in a consumer's 
                file at a consumer reporting agency is disputed by the 
                consumer and the consumer notifies the agency directly 
                of such dispute, the agency shall reinvestigate free of 
                charge and record the current status of the disputed 
                information, or delete the item from the file in 
                accordance with paragraph (5), before the end of the 
                30-day period beginning on the date on which the agency 
                receives the notice of the dispute from the consumer.
                    ``(B) Extension of period to reinvestigate.--Except 
                as provided in subparagraph (C), the 30-day period 
                described in subparagraph (A) may be extended for not 
                more than 15 additional days if the consumer reporting 
                agency receives information from the consumer during 
                that 30-day period that is relevant to the 
                reinvestigation.
                    ``(C) Limitations on extension of period to 
                reinvestigate.--Subparagraph (B) shall not apply to any 
                reinvestigation in which, during the 30-day period 
                described in subparagraph (A), the information that is 
                the subject of the reinvestigation is found to be 
                inaccurate or incomplete or the consumer reporting 
                agency determines that the information cannot be 
                verified.
            ``(2) Prompt notice of dispute to furnisher of 
        information.--
                    ``(A) In general.--Prior to the expiration of the 
                5-business-day period beginning on the date on which a 
                consumer reporting agency receives notice of a dispute 
                from any consumer in accordance with paragraph (1), the 
                agency shall provide notification of the dispute to any 
                person who provided any item of information in dispute, 
                at the address and in the manner established with the 
                person. The notice shall include all relevant 
                information regarding the dispute that the agency has 
                received from the consumer.
                    ``(B) Provision of other information from 
                consumer.--The consumer reporting agency shall promptly 
                provide to the person who provided the information in 
                dispute all relevant information regarding the dispute 
                that is received by the agency from the consumer after 
                the period referred to in subparagraph (A) and before 
                the end of the period referred to in paragraph (1)(A).
            ``(3) Determination that dispute is frivolous or 
        irrelevant.--
                    ``(A) In general.--Notwithstanding paragraph (1), a 
                consumer reporting agency may terminate a 
                reinvestigation of information disputed by a consumer 
                under that paragraph if the agency reasonably 
                determines that the dispute by the consumer is 
                frivolous or irrelevant, including by reason of a 
                failure by a consumer to provide sufficient information 
                to investigate the disputed information.
                    ``(B) Notice of determination.--Upon making any 
                determination in accordance with subparagraph (A) that 
                a dispute is frivolous or irrelevant, a consumer 
                reporting agency shall notify the consumer of such 
                determination not later than 5 business days after 
                making such determination, by mail or, if authorized by 
                the consumer for that purpose, by any other means 
                available to the agency.
                    ``(C) Contents of notice.--A notice under 
                subparagraph (B) shall include--
                            ``(i) the reasons for the determination 
                        under subparagraph (A); and
                            ``(ii) identification of any information 
                        required to investigate the disputed 
                        information, which may consist of a 
                        standardized form describing the general nature 
                        of such information.
            ``(4) Consideration of consumer information.--In conducting 
        any reinvestigation under paragraph (1) with respect to 
        disputed information in the file of any consumer, the consumer 
        reporting agency shall review and consider all relevant 
        information submitted by the consumer in the period described 
        in paragraph (1)(A) with respect to such disputed information.
            ``(5) Treatment of inaccurate or unverifiable 
        information.--
                    ``(A) In general.--If, after any reinvestigation 
                under paragraph (1) of any information disputed by a 
                consumer, an item of the information is found to be 
                inaccurate or incomplete or cannot be verified, the 
                consumer reporting agency shall promptly delete that 
                item of information from the consumer's file or modify 
                that item of information, as appropriate, based on the 
                results of the reinvestigation.
                    ``(B) Requirements relating to reinsertion of 
                previously deleted material.--
                            ``(i) Certification of accuracy of 
                        information.--If any information is deleted 
                        from a consumer's file pursuant to subparagraph 
                        (A), the information may not be reinserted in 
                        the file by the consumer reporting agency 
                        unless the person who furnishes the information 
                        certifies that the information is complete and 
                        accurate.
                            ``(ii) Notice to consumer.--If any 
                        information that has been deleted from a 
                        consumer's file pursuant to subparagraph (A) is 
                        reinserted in the file, the consumer reporting 
                        agency shall notify the consumer of the 
                        reinsertion in writing not later than 5 
                        business days after the reinsertion or, if 
                        authorized by the consumer for that purpose, by 
                        any other means available to the agency.
                            ``(iii) Additional information.--As part 
                        of, or in addition to, the notice under clause 
                        (ii), a consumer reporting agency shall provide 
                        to a consumer in writing not later than 5 
                        business days after the date of the 
                        reinsertion--
                                    ``(I) a statement that the disputed 
                                information has been reinserted;
                                    ``(II) the business name and 
                                address of any furnisher of information 
                                contacted and the telephone number of 
                                such furnisher, if reasonably 
                                available, or of any furnisher of 
                                information that contacted the consumer 
                                reporting agency, in connection with 
                                the reinsertion of such information; 
                                and
                                    ``(III) a notice that the consumer 
                                has the right to add a statement to the 
                                consumer's file disputing the accuracy 
                                or completeness of the disputed 
                                information.
                    ``(C) Procedures to prevent reappearance.--A 
                consumer reporting agency shall maintain reasonable 
                procedures designed to prevent the reappearance in a 
                consumer's file, and in consumer reports on the 
                consumer, of information that is deleted pursuant to 
                this paragraph (other than information that is 
                reinserted in accordance with subparagraph (B)(i)).
                    ``(D) Automated reinvestigation system.--Any 
                consumer reporting agency that compiles and maintains 
                files on consumers on a nationwide basis shall 
                implement an automated system through which furnishers 
                of information to that consumer reporting agency may 
                report the results of a reinvestigation that finds 
                incomplete or inaccurate information in a consumer's 
                file to other such consumer reporting agencies.
            ``(6) Notice of results of reinvestigation.--
                    ``(A) In general.--A consumer reporting agency 
                shall provide written notice to a consumer of the 
                results of a reinvestigation under this subsection not 
                later than 5 business days after the completion of the 
                reinvestigation, by mail or, if authorized by the 
                consumer for that purpose, by other means available to 
                the agency.
                    ``(B) Contents.--As part of, or in addition to, the 
                notice under subparagraph (A), a consumer reporting 
                agency shall provide to a consumer in writing prior to 
                the expiration of the 5-day period referred to in 
                subparagraph (A)--
                            ``(i) a statement that the reinvestigation 
                        is completed;
                            ``(ii) a consumer report that is based upon 
                        the consumer's file as that file is revised as 
                        a result of the reinvestigation;
                            ``(iii) a notice that, if requested by the 
                        consumer, a description of the procedure used 
                        to determine the accuracy and completeness of 
                        the information shall be provided to the 
                        consumer by the agency, including the business 
                        name and address of any furnisher of 
                        information contacted in connection with such 
                        information and the telephone number of such 
                        furnisher, if reasonably available;
                            ``(iv) a notice that the consumer has the 
                        right to add a statement to the consumer's file 
                        disputing the accuracy or completeness of the 
                        information; and
                            ``(v) a notice that the consumer has the 
                        right to request under subsection (d) that the 
                        consumer reporting agency furnish notifications 
                        under that subsection.
            ``(7) Description of reinvestigation procedure.--A consumer 
        reporting agency shall provide to a consumer a description 
        referred to in paragraph (6)(B)(iv) by not later than 15 days 
        after receiving a request from the consumer for that 
        description.
            ``(8) Expedited dispute resolution.--If a dispute regarding 
        an item of information in a consumer's file at a consumer 
        reporting agency is resolved in accordance with paragraph 
        (5)(A) by the deletion of the disputed information by not later 
        than 3 business days after the date on which the agency 
        receives notice of the dispute from the consumer in accordance 
        with paragraph (1)(A), then the agency shall not be required to 
        comply with paragraphs (2), (6), and (7) with respect to that 
        dispute if the agency--
                    ``(A) provides prompt notice of the deletion to the 
                consumer by telephone;
                    ``(B) includes in that notice, or in a written 
                notice that accompanies a confirmation and consumer 
                report provided in accordance with subparagraph (C), a 
                statement of the consumer's right to request under 
                subsection (d) that the agency furnish notifications 
                under that subsection; and
                    ``(C) provides written confirmation of the deletion 
                and a copy of a consumer report on the consumer that is 
                based on the consumer's file after the deletion, not 
                later than 5 business days after making the 
                deletion.''.
    (b) Conforming Amendment.--Section 611(d) of the Fair Credit 
Reporting Act (15 U.S.C. 1681i(d)) is amended by striking ``The 
consumer reporting agency shall clearly'' and all that follows through 
the end of the subsection.

SEC. 410. CHARGES FOR CERTAIN DISCLOSURES.

    Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is 
amended to read as follows:

``SEC. 612. CHARGES FOR CERTAIN DISCLOSURES.

    ``(a) Reasonable Charges Allowed for Certain Disclosures.--
            ``(1) In general.--Except as provided in subsections (b), 
        (c), and (d), a consumer reporting agency may impose a 
        reasonable charge on a consumer--
                    ``(A) for making a disclosure to the consumer 
                pursuant to section 609, which charge--
                            ``(i) shall not exceed $8; and
                            ``(ii) shall be indicated to the consumer 
                        prior to making the disclosure; and
                    ``(B) for furnishing, pursuant to section 611(d), 
                following a reinvestigation under section 611(a), a 
                statement, codification, or summary to a person 
                designated by the consumer under that section after the 
                30-day period beginning on the date of notification of 
                the consumer under paragraph (6) or (8) of section 
                611(a) with respect to the reinvestigation, which 
                charge--
                            ``(i) shall not exceed the charge that the 
                        agency would impose on each designated 
                        recipient for a consumer report; and
                            ``(ii) shall be indicated to the consumer 
                        prior to furnishing such information.
            ``(2) Modification of amount.--The Federal Trade Commission 
        shall increase the amount referred to in paragraph (1)(A)(i) on 
        January 1 of each year, based proportionally on changes in 
the Consumer Price Index, with fractional changes rounded to the 
nearest fifty cents.
    ``(b) Free Disclosure After Adverse Notice to Consumer.--Each 
consumer reporting agency that maintains a file on a consumer shall 
make all disclosures pursuant to section 609 without charge to the 
consumer if, not later than 60 days after receipt by such consumer of a 
notification pursuant to section 615, or of a notification from a debt 
collection agency affiliated with that consumer reporting agency 
stating that the consumer's credit rating may be or has been adversely 
affected, the consumer makes a request under section 609.
    ``(c) Free Disclosure Under Certain Other Circumstances.--Upon the 
request of the consumer, a consumer reporting agency shall make all 
disclosures pursuant to section 609 once during any 12-month period 
without charge to that consumer if the consumer certifies in writing 
that the consumer--
            ``(1) is unemployed and intends to apply for employment in 
        the 60-day period beginning on the date on which the 
        certification is made;
            ``(2) is a recipient of public welfare assistance; or
            ``(3) has reason to believe that the file on the consumer 
        at the agency contains inaccurate information due to fraud.
    ``(d) Other Charges Prohibited.--A consumer reporting agency shall 
not impose any charge on a consumer for providing any notification 
required by this title or making any disclosure required by this title, 
except as authorized by subsection (a).''.

SEC. 411. DUTIES OF USERS OF CONSUMER REPORTS.

    (a) Duties of Users Taking Adverse Actions.--Section 615(a) of the 
Fair Credit Reporting Act (15 U.S.C. 1681m(a)) is amended to read as 
follows:
    ``(a) Duties of Users Taking Adverse Actions on the Basis of 
Information Contained in Consumer Reports.--If any person takes any 
adverse action with respect to any consumer that is based in whole or 
in part on any information contained in a consumer report, the person 
shall--
            ``(1) provide oral, written, or electronic notice of the 
        adverse action to the consumer;
            ``(2) provide to the consumer orally, in writing, or 
        electronically--
                    ``(A) the name, address, and telephone number of 
                the consumer reporting agency (including a toll-free 
                telephone number established by the agency if the 
                agency compiles and maintains files on consumers on a 
                nationwide basis) that furnished the report to the 
                person; and
                    ``(B) a statement that the consumer reporting 
                agency did not make the decision to take the adverse 
                action and is unable to provide the consumer the 
                specific reasons why the adverse action was taken; and
            ``(3) provide to the consumer an oral, written, or 
        electronic notice of the consumer's right--
                    ``(A) to obtain, under section 612, a free copy of 
                a consumer report on the consumer from the consumer 
                reporting agency referred to in paragraph (2), which 
                notice shall include an indication of the 60-day period 
                under that section for obtaining such a copy; and
                    ``(B) to dispute, under section 611, with a 
                consumer reporting agency the accuracy or completeness 
                of any information in a consumer report furnished by 
                the agency.''.
    (b) Duties of Users Making Certain Credit Solicitations.--Section 
615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is amended by 
adding at the end the following new subsection:
    ``(d) Duties of Users Making Written Credit or Insurance 
Solicitations on the Basis of Information Contained in Consumer 
Files.--
            ``(1) In general.--Any person who uses a consumer report on 
        any consumer in connection with any credit or insurance 
        transaction that is not initiated by the consumer, that is 
        provided to that person under section 604(c)(1)(B), shall 
        provide with each written solicitation made to the consumer 
        regarding the transaction a clear and conspicuous statement 
        that--
                    ``(A) information contained in the consumer's 
                consumer report was used in connection with the 
                transaction;
                    ``(B) the consumer received the offer of credit or 
                insurance because the consumer satisfied the criteria 
                for credit worthiness or insurability under which the 
                consumer was selected for the offer;
                    ``(C) if applicable, the credit or insurance may 
                not be extended if, after the consumer responds to the 
                offer, the consumer does not meet the criteria used to 
                select the consumer for the offer or any applicable 
                criteria bearing on credit worthiness or insurability 
                or does not furnish any required collateral;
                    ``(D) the consumer has a right to prohibit 
                information contained in the consumer's file with any 
                consumer reporting agency from being used in connection 
                with any credit or insurance transaction that is not 
                initiated by the consumer; and
                    ``(E) the consumer may exercise the right referred 
                to in subparagraph (D) by notifying a notification 
                system established under section 604(e).
            ``(2) Disclosure of address and telephone number.--A 
        statement under paragraph (1) shall include the address and 
        toll-free telephone number of the appropriate notification 
        system established under section 604(e).
            ``(3) Maintaining criteria on file.--A person who makes an 
        offer of credit or insurance to a consumer under a credit or 
        insurance transaction described in paragraph (1) shall maintain 
        on file the criteria used to select the consumer to receive the 
        offer, all criteria bearing on credit worthiness or 
        insurability, as applicable, that are the basis for determining 
        whether or not to extend credit or insurance pursuant to the 
        offer, and any requirement for the furnishing of collateral as 
        a condition of the extension of credit or insurance, until the 
        expiration of the 3-year period beginning on the date on which 
        the offer is made to the consumer.
            ``(4) Authority of federal agencies regarding unfair or 
        deceptive acts or practices not affected.--This section is not 
        intended to affect the authority of any Federal or State agency 
        to enforce a prohibition against unfair or deceptive acts or 
        practices, including the making of false or misleading 
        statements in connection with a credit or insurance transaction 
        that is not initiated by the consumer.''.
    (c) Duties of Users Making Other Solicitations.--Section 615 of the 
Fair Credit Reporting Act (15 U.S.C. 1681m) is amended by adding at the 
end the following new subsection:
    ``(e) Duties of Users Making Other Written Solicitations on the 
Basis of Information Contained in Consumer Files.--
            ``(1) In general.--A person who, in connection with any 
        direct marketing transaction that is not initiated by a 
        consumer, uses a consumer report on that consumer that is 
        provided to that person under section 604(a)(3)(F)(i)(II), 
shall provide with the initial written solicitation made to the 
consumer regarding the transaction a clear and conspicuous statement 
that--
                    ``(A) information contained in the consumer's 
                consumer report was used in connection with the 
                transaction;
                    ``(B) the consumer has a right to prohibit 
                information contained in the consumer's file with any 
                consumer reporting agency from being used in connection 
                with any direct marketing transaction that is not 
                initiated by the consumer; and
                    ``(C) the consumer may exercise the right referred 
                to in subparagraph (B) by notifying a notification 
                system established under section 604(e).
            ``(2) Disclosure of address and telephone number.--A 
        statement under paragraph (1) shall include the address and 
        toll-free telephone number of the appropriate notification 
        system established under section 604(e).
            ``(3) Authority of federal agencies regarding unfair or 
        deceptive acts or practices not affected.--This section is not 
        intended to affect the authority of any Federal or State agency 
        to enforce a prohibition against unfair or deceptive acts or 
        practices, including the making of false or misleading 
        statements in connection with a direct marketing transaction 
        that is not initiated by the consumer.''.
    (d) Conforming Amendment.--Section 615(c) of the Fair Credit 
Reporting Act (15 U.S.C. 1681m(c)) is amended by striking ``subsections 
(a) and (b)'' and inserting ``this section''.
    (e) Duties of Person Taking Certain Actions Based on Information 
Provided by Affiliate.--Section 615(b) of the Fair Credit Reporting Act 
(15 U.S.C. 1681m(b)) is amended--
            (1) by striking ``(b) Whenever credit'' and inserting the 
        following:
    ``(b) Adverse Action Based on Information Obtained From Third 
Parties Other Than Consumer Reporting Agencies.--
            ``(1) In general.--Whenever credit'';
            (2) by adding at the end the following new paragraph:
            ``(2) Duties of person taking certain actions based on 
        information provided by affiliate.--
                    ``(A) Duties, generally.--If a person takes an 
                action described in subparagraph (B) with respect to a 
                consumer, based in whole or in part on information 
                described in subparagraph (C), the person shall--
                            ``(i) notify the consumer of the action, 
                        including a statement that the consumer may 
                        obtain the information in accordance with 
                        clause (ii); and
                            ``(ii) upon a written request from the 
                        consumer received within 60 days after 
                        transmittal of the notice required by clause 
                        (i), disclose to the consumer the nature of the 
                        information upon which the action is based by 
                        not later than 30 days after receipt of the 
                        request.
                    ``(B) Action described.--An action referred to in 
                subparagraph (A) is an adverse action described in 
                section 603(k)(1)(A), taken in connection with a 
                transaction initiated by the consumer, or any adverse 
                action described in clause (i) or (ii) of section 
                603(k)(1)(B).
                    ``(C) Information described.--Information referred 
                to in subparagraph (A)--
                            ``(i) except as provided in clause (ii), is 
                        information that--
                                    ``(I) is furnished to the person 
                                taking the action by a person related 
                                by common ownership or affiliated by 
                                common corporate control to the person 
                                taking the action; and
                                    ``(II) bears on the credit 
                                worthiness, credit standing, credit 
                                capacity, character, general 
                                reputation, personal characteristics, 
                                or mode of living of the consumer; and
                            ``(ii) does not include--
                                    ``(I) information solely as to 
                                transactions or experiences between the 
                                consumer and the person furnishing the 
                                information; or
                                    ``(II) information in a consumer 
                                report.''.

SEC. 412. CIVIL LIABILITY.

    (a) Civil Liability for Willful Noncompliance.--Section 616 of the 
Fair Credit Reporting Act (15 U.S.C. 1681n) is amended by striking 
``Any consumer reporting agency or user of information which'' and 
inserting ``(a) In General.--Any person who''.
    (b) Minimum Civil Liability for Willful Noncompliance.--Section 
616(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681n(1)), as so 
designated by subsection (a) of this section, is amended to read as 
follows:
            ``(1)(A) any actual damages sustained by the consumer as a 
        result of the failure or damages of not less than $100 and not 
        more than $1,000; or
            ``(B) in the case of liability of a natural person for 
        obtaining a consumer report under false pretenses or knowingly 
        without a permissible purpose, actual damages sustained by the 
        consumer as a result of the failure or $1,000, whichever is 
        greater;''.
    (c) Civil Liability for Knowing Noncompliance.--Section 616 of the 
Fair Credit Reporting Act (15 U.S.C. 1681n) is amended by adding at the 
end the following new subsection:
    ``(b) Civil Liability for Knowing Noncompliance.--Any person who 
obtains a consumer report from a consumer reporting agency under false 
pretenses or knowingly without a permissible purpose shall be liable to 
the consumer reporting agency for actual damages sustained by the 
consumer reporting agency or $1,000, whichever is greater.''.
    (d) Civil Liability for Negligent Noncompliance.--Section 617 of 
the Fair Credit Reporting Act (15 U.S.C. 1681o) is amended by striking 
``Any consumer reporting agency or user of information which'' and 
inserting ``(a) In General.--Any person who''.
    (e) Attorney's Fees.--
            (1) Willful noncompliance.--Section 616 of the Fair Credit 
        Reporting Act (15 U.S.C. 1681n) is amended by adding at the end 
        the following new subsection:
    ``(c) Attorney's Fees.--Upon a finding by the court that an 
unsuccessful pleading, motion, or other paper filed in connection with 
an action under this section was filed in bad faith or for purposes of 
harassment, the court shall award to the prevailing party attorney's 
fees reasonable in relation to the work expended in responding to the 
pleading, motion, or other paper.''.
            (2) Negligent noncompliance.--Section 617 of the Fair 
        Credit Reporting Act (15 U.S.C. 1681o) is amended by adding at 
        the end the following new subsection:
    ``(b) Attorney's Fees.--On a finding by the court that an 
unsuccessful pleading, motion, or other paper filed in connection with 
an action under this section was filed in bad faith or for purposes of 
harassment, the court shall award to the prevailing party attorney's 
fees reasonable in relation to the work expended in responding to the 
pleading, motion, or other paper.''.

SEC. 413. RESPONSIBILITIES OF PERSONS WHO FURNISH INFORMATION TO 
              CONSUMER REPORTING AGENCIES.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) is amended--
            (1) by redesignating section 623 as section 624; and
            (2) by inserting after section 622 the following:

``SEC. 623. RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER 
              REPORTING AGENCIES.

    ``(a) Duty of Furnishers of Information To Provide Accurate 
Information.--
            ``(1) Prohibition.--
                    ``(A) Reporting information with actual knowledge 
                of errors.--A person shall not furnish any information 
                relating to a consumer to any consumer reporting agency 
                if the person knows or consciously avoids knowing that 
                the information is inaccurate.
                    ``(B) Reporting information after notice and 
                confirmation of errors.--A person shall not furnish 
                information relating to a consumer to any consumer 
                reporting agency if--
                            ``(i) the person has been notified by the 
                        consumer, at the address specified by the 
                        person for such notices, that specific 
                        information is inaccurate; and
                            ``(ii) the information is, in fact, 
                        inaccurate.
                    ``(C) No address requirement.--A person who clearly 
                and conspicuously specifies to the consumer an address 
                for notices referred to in subparagraph (B) shall not 
                be subject to subparagraph (A); however, nothing in 
                subparagraph (B) shall require a person to specify such 
                an address.
            ``(2) Duty to correct and update information.--A person 
        who--
                    ``(A) regularly and in the ordinary course of 
                business furnishes information to one or more consumer 
                reporting agencies about the person's transactions or 
                experiences with any consumer; and
                    ``(B) has furnished to a consumer reporting agency 
                information that the person determines is not complete 
                or accurate,
        shall promptly notify the consumer reporting agency of that 
        determination and provide to the agency any corrections to that 
        information, or any additional information, that is necessary 
        to make the information provided by the person to the agency 
        complete and accurate, and shall not thereafter furnish to the 
        agency any of the information that remains not complete or 
        accurate.
            ``(3) Duty to provide notice of dispute.--If the 
        completeness or accuracy of any information furnished by any 
        person to any consumer reporting agency is disputed to such 
        person by a consumer, the person may not furnish the 
        information to any consumer reporting agency without notice 
        that such information is disputed by the consumer.
            ``(4) Duty to provide notice of closed accounts.--A person 
        who regularly and in the ordinary course of business furnishes 
        information to a consumer reporting agency regarding a consumer 
        who has a credit account with that person shall notify the 
        agency of the voluntary closure of the account by the consumer, 
        in information regularly furnished for the period in which the 
        account is closed.
            ``(5) Duty to provide notice of delinquency of accounts.--A 
        person who furnishes information to a consumer reporting agency 
        regarding a delinquent account being placed for collection, 
        charged to profit or loss, or subjected to any similar action 
        shall, not later than 90 days after furnishing the information, 
        notify the agency of the month and year of the commencement of 
        the delinquency that immediately preceded the action.
    ``(b) Duties of Furnishers of Information Upon Notice of Dispute.--
            ``(1) In general.--After receiving notice pursuant to 
        section 611(a)(2) of a dispute with regard to the completeness 
        or accuracy of any information provided by a person to a 
        consumer reporting agency, the person shall--
                    ``(A) conduct an investigation with respect to the 
                disputed information;
                    ``(B) review all relevant information provided by 
                the consumer reporting agency pursuant to section 
                611(a)(2);
                    ``(C) report the results of the investigation to 
                the consumer reporting agency; and
                    ``(D) if the investigation finds that the 
                information is incomplete or inaccurate, report those 
                results to all other consumer reporting agencies to 
                which the person furnished the information and that 
                compile and maintain files on consumers on a nationwide 
                basis.
            ``(2) Deadline.--A person shall complete all 
        investigations, reviews, and reports required under paragraph 
        (1) regarding information provided by the person to a consumer 
        reporting agency, prior to the expiration of the period under 
        section 611(a)(1) within which the consumer reporting agency is 
        required to complete actions required by that section regarding 
        that information.
    ``(c) Limitation on Liability.--Sections 616 and 617 do not apply 
to any failure to comply with subsection (a), except as provided in 
section 621(c)(1)(B).
    ``(d) Limitation on Enforcement.--Subsection (a) shall be enforced 
exclusively under section 621 by the Federal agencies and officials and 
the State officials identified in that section.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended 
by striking the item relating to section 623 and inserting the 
following:

``623. Responsibilities of furnishers of information to consumer 
                            reporting agencies.
``624. Relation to State laws.''.

SEC. 414. INVESTIGATIVE CONSUMER REPORTS.

    Section 606 of the Fair Credit Reporting Act (15 U.S.C. 1681d) is 
amended--
            (1) in subsection (a)(1), by striking ``or'' at the end and 
        inserting ``and'';
            (2) by striking subsection (a)(2) and inserting the 
        following:
            ``(2) the person certifies or has certified to the consumer 
        reporting agency that--
                    ``(A) the person has made the disclosures to the 
                consumer required by paragraph (1); and
                    ``(B) the person will comply with subsection 
                (b).'';
            (3) in subsection (b), by striking ``shall'' the second 
        place such term appears; and
            (4) by adding at the end the following new subsection:
    ``(d) Prohibitions.--
            ``(1) Certification.--A consumer reporting agency shall not 
        prepare or furnish an investigative consumer report unless the 
        agency has received a certification under subsection (a)(2) 
        from the person who requested the report.
            ``(2) Inquiries.--A consumer reporting agency shall not 
        make an inquiry for the purpose of preparing an investigative 
        consumer report on a consumer for employment purposes if the 
        making of the inquiry by an employer or prospective employer of 
        the consumer would violate any applicable Federal or State 
        equal employment opportunity law or regulation.
            ``(3) Certain public record information.--Except as 
        otherwise provided in section 613, a consumer reporting agency 
        shall not furnish an investigative consumer report that 
        includes information that is a matter of public record and that 
        relates to an arrest, indictment, conviction, civil judicial 
        action, tax lien, or outstanding judgment, unless the agency 
        has verified the accuracy of the information during the 30-day 
        period ending on the date on which the report is furnished.
            ``(4) Certain adverse information.--A consumer reporting 
        agency shall not prepare or furnish an investigative consumer 
        report on a consumer that contains information that is adverse 
        to the interest of the consumer and that is obtained through a 
        personal interview with a neighbor, friend, or associate of the 
        consumer or with another person with whom the consumer is 
        acquainted or who has knowledge of such item of information, 
        unless--
                    ``(A) the agency has followed reasonable procedures 
                to obtain confirmation of the information, from an 
                additional source that has independent and direct 
                knowledge of the information; or
                    ``(B) the person interviewed is the best possible 
                source of the information.''.

SEC. 415. INCREASED CRIMINAL PENALTIES FOR OBTAINING INFORMATION UNDER 
              FALSE PRETENSES.

    (a) Obtaining Information Under False Pretenses.--Section 619 of 
the Fair Credit Reporting Act (15 U.S.C. 1681q) is amended by striking 
``fined not more than $5,000 or imprisoned not more than one year, or 
both'' and inserting ``fined under title 18, United States Code, 
imprisoned for not more than 2 years, or both''.
    (b) Unauthorized Disclosures by Officers or Employees.--Section 620 
of the Fair Credit Reporting Act (15 U.S.C. 1681r) is amended by 
striking ``fined not more than $5,000 or imprisoned not more than one 
year, or both'' and inserting ``fined under title 18, United States 
Code, imprisoned for not more than 2 years, or both''.

SEC. 416. ADMINISTRATIVE ENFORCEMENT.

    (a) Available Enforcement Powers.--Section 621(a) of the Fair 
Credit Reporting Act (15 U.S.C. 1681s(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by adding at the end the following new paragraph:
    ``(2)(A) In the event of a knowing violation, which constitutes a 
pattern or practice of violations of this title, the Commission may 
commence a civil action to recover a civil penalty in a district court 
of the United States against any person that violates this title. In 
such action, such person shall be liable for a civil penalty of not 
more than $2,500 per violation.
    ``(B) In determining the amount of a civil penalty under 
subparagraph (A), the court shall take into account the degree of 
culpability, any history of prior such conduct, ability to pay, effect 
on ability to continue to do business, and such other matters as 
justice may require.
    ``(3) Notwithstanding paragraph (2), a court may not impose any 
civil penalty on a person for a violation of section 623(a)(1) unless 
the person has been enjoined from committing the violation, or ordered 
not to commit the violation, in an action or proceeding brought by or 
on behalf of the Federal Trade Commission, and has violated the 
injunction or order, and the court may not impose any civil penalty for 
any violation occurring before the date of the violation of the 
injunction or order.
    ``(4) Neither the Commission nor any other agency referred to in 
subsection (b) may promulgate trade regulation rules or other 
regulations with respect to this title.''.
    (b) Agencies Responsible for Enforcement.--Section 621 of the Fair 
Credit Reporting Act (15 U.S.C. 1681s) is amended--
            (1) in subsection (a), by inserting ``Enforcement by 
        Federal Trade Commission.--'' before ``Compliance with the 
        requirements'';
            (2) in subsection (b), by striking the matter preceding 
        paragraph (1) and inserting the following:
    ``(b) Enforcement by Other Agencies.--Compliance with the 
requirements imposed under this title with respect to consumer 
reporting agencies, persons who use consumer reports from such 
agencies, persons who furnish information to such agencies, and users 
of information that are subject to subsection (d) or (e) of section 615 
shall be enforced under--''; and
            (3) in subsection (c), by adding at the end the following: 
        ``Notwithstanding the preceding, no agency referred to in 
        subsection (b) may conduct an examination of a bank, savings 
        association, or credit union regarding compliance with the 
        provisions of this title, except in response to a complaint (or 
        if the agency otherwise has knowledge) that the bank, savings 
        association, or credit union has violated a provision of this 
        title, in which case, the agency may conduct an examination as 
        necessary to investigate the complaint. If an agency determines 
        during an investigation in response to a complaint that a 
        violation of this title has occurred, the agency may, during 
        its next 2 regularly scheduled examinations of the bank, 
        savings association, or credit union, examine for compliance 
        with this title.''.

SEC. 417. STATE ENFORCEMENT OF FAIR CREDIT REPORTING ACT.

    Section 621 of the Fair Credit Reporting Act (15 U.S.C. 1681s) is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) State Action for Violations.--
            ``(1) Authority of states.--In addition to such other 
        remedies as are provided under State law, if the chief law 
        enforcement officer of a State, or an official or agency 
        designated by a State, has reason to believe that any person 
        has violated or is violating this title, the State--
                    ``(A) may bring an action to enjoin such violation 
                in any appropriate United States district court or in 
                any other court of competent jurisdiction;
                    ``(B) subject to paragraph (5), may bring an action 
                on behalf of the residents of the State to recover--
                            ``(i) damages for which the person is 
                        liable to such residents under sections 616 and 
                        617 as a result of the violation;
                            ``(ii) in the case of a violation of 
                        section 623(a), damages for which the person 
                        would, but for section 623(c), be liable to 
                        such residents as a result of the violation; or
                            ``(iii) damages of not more than $1,000 for 
                        each willful or negligent violation; and
                    ``(C) in the case of any successful action under 
                subparagraph (A) or (B), shall be awarded the costs of 
                the action and reasonable attorney fees as determined 
                by the court.
            ``(2) Rights of federal regulators.--The State shall serve 
        prior written notice of any action under paragraph (1) upon the 
        Federal Trade Commission or the appropriate Federal regulator 
        determined under subsection (b) and provide the Commission or 
        appropriate Federal regulator with a copy of its complaint, 
        except in any case in which such prior notice is not feasible, 
        in which case the State shall serve such notice immediately 
        upon instituting such action. The Federal Trade Commission or 
        appropriate Federal regulator shall have the right--
                    ``(A) to intervene in the action;
                    ``(B) upon so intervening, to be heard on all 
                matters arising therein;
                    ``(C) to remove the action to the appropriate 
                United States district court; and
                    ``(D) to file petitions for appeal.
            ``(3) Investigatory powers.--For purposes of bringing any 
        action under this subsection, nothing in this subsection shall 
        prevent the chief law enforcement officer, or an official or 
        agency designated by a State, from exercising the powers 
        conferred on the chief law enforcement officer or such official 
        by the laws of such State to conduct investigations or to 
        administer oaths or affirmations or to compel the attendance of 
        witnesses or the production of documentary and other evidence.
            ``(4) Limitation on state action while federal action 
        pending.--If the Federal Trade Commission or the appropriate 
        Federal regulator has instituted a civil action or an 
        administrative action under section 8 of the Federal Deposit 
        Insurance Act for a violation of this title, no State may, 
        during the pendency of such action, bring an action under this 
        section against any defendant named in the complaint of the 
        Commission or the appropriate Federal regulator for any 
        violation of this title that is alleged in that complaint.
            ``(5) Limitations on state actions for violation of section 
        623(a)(1).--
                    ``(A) Violation of injunction required.--A State 
                may not bring an action against a person under 
                paragraph (1)(B) for a violation of section 623(a)(1), 
                unless--
                            ``(i) the person has been enjoined from 
                        committing the violation, in an action brought 
                        by the State under paragraph (1)(A); and
                            ``(ii) the person has violated the 
                        injunction.
                    ``(B) Limitation on damages recoverable.--In an 
                action against a person under paragraph (1)(B) for a 
                violation of section 623(a)(1), a State may not recover 
                any damages incurred before the date of the violation 
                of an injunction on which the action is based.''.

SEC. 418. FEDERAL RESERVE BOARD AUTHORITY.

    Section 621 of the Fair Credit Reporting Act (15 U.S.C. 1681s) is 
amended by adding at the end the following new subsection:
    ``(e) Interpretive Authority.--The Board of Governors of the 
Federal Reserve System may issue interpretations of any provision of 
this title as such provision may apply to any persons identified under 
paragraph (1), (2), and (3) of subsection (b), or to the holding 
companies and affiliates of such persons, in consultation with Federal 
agencies identified in paragraphs (1), (2), and (3) of subsection 
(b).''.

SEC. 419. PREEMPTION OF STATE LAW.

    Section 624 of the Fair Credit Reporting Act (as redesignated by 
section 413(a) of this division) is amended--
            (1) by striking ``This title'' and inserting ``(a) In 
        General.--Except as provided in subsections (b) and (c), this 
        title''; and
            (2) by adding at the end the following new subsection:
    ``(b) General Exceptions.--No requirement or prohibition may be 
imposed under the laws of any State--
            ``(1) with respect to any subject matter regulated under--
                    ``(A) subsection (c) or (e) of section 604, 
                relating to the prescreening of consumer reports;
                    ``(B) section 611, relating to the time by which a 
                consumer reporting agency must take any action, 
                including the provision of notification to a consumer 
                or other person, in any procedure related to the 
                disputed accuracy of information in a consumer's file, 
                except that this subparagraph does not apply to any 
                State law in effect on the date of enactment of the 
                Consumer Credit Reporting Reform Act of 1996;
                    ``(C) subsections (a) and (b) of section 615, 
                relating to the duties of a person who takes any 
                adverse action with respect to a consumer;
                    ``(D) section 615(d), relating to the duties of 
                persons who use a consumer report of a consumer in 
                connection with any credit or insurance transaction 
                that is not initiated by the consumer and that consists 
                of a firm offer of credit or insurance;
                    ``(E) section 615(e), relating to the duties of 
                persons who use a consumer report of a consumer in 
                connection with any direct marketing transaction that 
                is not initiated by the consumer;
                    ``(F) section 605, relating to information 
                contained in consumer reports, except that this 
                subparagraph does not apply to any State law in effect 
                on the date of enactment of the Consumer Credit 
                Reporting Reform Act of 1996; or
                    ``(G) section 623, relating to the responsibilities 
                of persons who furnish information to consumer 
                reporting agencies, except that this paragraph does not 
                apply--
                            ``(i) with respect to section 54A(a) of 
                        chapter 93 of the Massachusetts Annotated Laws 
                        (as in effect on the date of enactment of the 
                        Consumer Credit Reporting Reform Act of 1996); 
                        or
                            ``(ii) with respect to section 1785.25(a) 
                        of the California Civil Code (as in effect on 
                        the date of enactment of the Consumer Credit 
                        Reporting Reform Act of 1996);
            ``(2) with respect to the exchange of information among 
        persons affiliated by common ownership or common corporate 
        control, except that this paragraph does not apply with respect 
        to subsection (a) or (c)(1) of section 2480e of title 9, 
        Vermont Statutes Annotated (as in effect on the date of 
        enactment of the Consumer Credit Reporting Reform Act of 1996); 
        or
            ``(3) with respect to the form and content of any 
        disclosure required to be made under section 609(c).
    ``(c) Definition of Firm Offer of Credit or Insurance.--
Notwithstanding any definition of the term `firm offer of credit or 
insurance' (or any equivalent term) under the laws of any State, the 
definition of that term contained in section 603(l) shall be construed 
to apply in the enforcement and interpretation of the laws of any State 
governing consumer reports.
    ``(d) Limitations.--Subsections (b) and (c)--
            ``(1) do not affect any settlement, agreement, or consent 
        judgment between any State Attorney General and any consumer 
        reporting agency in effect on the date of enactment of the 
        Consumer Credit Reporting Reform Act of 1996; and
            ``(2) do not apply to any provision of State law (including 
        any provision of a State constitution) that--
                    ``(A) is enacted after January 1, 2004;
                    ``(B) states explicitly that the provision is 
                intended to supplement this title; and
                    ``(C) gives greater protection to consumers than is 
                provided under this title.''.

SEC. 420. EFFECTIVE DATE.

    (a) In General.--Except as otherwise specifically provided in this 
subtitle, the amendments made by this subtitle shall become effective 
365 days after the date of enactment of this Act.
    (b) Early Compliance.--Any person or other entity that is subject 
to the requirements of this subtitle may, at its option, comply with 
any provision of this subtitle prior to the date on which that 
provision becomes effective under this subtitle, in which case, each of 
the corresponding provisions of this subtitle shall be fully applicable 
to such person or entity.

SEC. 421. RELATIONSHIP TO OTHER LAW.

    Nothing in this subtitle or the amendments made by this subtitle 
shall be considered to supersede or otherwise affect section 2721 of 
title 18, United States Code, with respect to motor vehicle records for 
surveys, marketing, or solicitations.

                Subtitle B--Credit Repair Organizations

SEC. 451. REGULATION OF CREDIT REPAIR ORGANIZATIONS.

    Title IV of the Consumer Credit Protection Act (Public Law 90-321, 
82 Stat. 164) is amended to read as follows:

                ``TITLE IV--CREDIT REPAIR ORGANIZATIONS

``Sec.
``401. Short title.
``402. Findings and purposes.
``403. Definitions.
``404. Prohibited practices.
``405. Disclosures.
``406. Credit repair organizations contracts.
``407. Right to cancel contract.
``408. Noncompliance with this title.
``409. Civil liability.
``410. Administrative enforcement.
``411. Statute of limitations.
``412. Relation to State law.
``413. Effective date.

``SEC. 401. SHORT TITLE.

    ``This title may be cited as the `Credit Repair Organizations Act'.

``SEC. 402. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress makes the following findings:
            ``(1) Consumers have a vital interest in establishing and 
        maintaining their credit worthiness and credit standing in 
        order to obtain and use credit. As a result, consumers who have 
        experienced credit problems may seek assistance from credit 
        repair organizations which offer to improve the credit standing 
        of such consumers.
            ``(2) Certain advertising and business practices of some 
        companies engaged in the business of credit repair services 
        have worked a financial hardship upon consumers, particularly 
        those of limited economic means and who are inexperienced in 
        credit matters.
    ``(b) Purposes.--The purposes of this title are--
            ``(1) to ensure that prospective buyers of the services of 
        credit repair organizations are provided with the information 
        necessary to make an informed decision regarding the purchase 
        of such services; and
            ``(2) to protect the public from unfair or deceptive 
        advertising and business practices by credit repair 
        organizations.

``SEC. 403. DEFINITIONS.

    ``For purposes of this title, the following definitions apply:
            ``(1) Consumer.--The term `consumer' means an individual.
            ``(2) Consumer credit transaction.--The term `consumer 
        credit transaction' means any transaction in which credit is 
        offered or extended to an individual for personal, family, or 
        household purposes.
            ``(3) Credit repair organization.--The term `credit repair 
        organization'--
                    ``(A) means any person who uses any instrumentality 
                of interstate commerce or the mails to sell, provide, 
                or perform (or represent that such person can or will 
                sell, provide, or perform) any service, in return for 
                the payment of money or other valuable consideration, 
                for the express or implied purpose of--
                            ``(i) improving any consumer's credit 
                        record, credit history, or credit rating; or
                            ``(ii) providing advice or assistance to 
                        any consumer with regard to any activity or 
                        service described in clause (i); and
                    ``(B) does not include--
                            ``(i) any nonprofit organization which is 
                        exempt from taxation under section 501(c)(3) of 
                        the Internal Revenue Code of 1986;
                            ``(ii) any creditor (as defined in section 
                        103 of the Truth in Lending Act), with respect 
                        to any consumer, to the extent the creditor is 
                        assisting the consumer to restructure any debt 
                        owed by the consumer to the creditor; or
                            ``(iii) any depository institution (as that 
                        term is defined in section 3 of the Federal 
                        Deposit Insurance Act) or any Federal or State 
                        credit union (as those terms are defined in 
                        section 101 of the Federal Credit Union Act), 
                        or any affiliate or subsidiary of such a 
                        depository institution or credit union.
            ``(4) Credit.--The term `credit' has the meaning given to 
        such term in section 103(e) of this Act.

``SEC. 404. PROHIBITED PRACTICES.

    ``(a) In General.--No person may--
            ``(1) make any statement, or counsel or advise any consumer 
        to make any statement, which is untrue or misleading (or which, 
        upon the exercise of reasonable care, should be known by the 
        credit repair organization, officer, employee, agent, or other 
        person to be untrue or misleading) with respect to any 
        consumer's credit worthiness, credit standing, or credit 
        capacity to--
                    ``(A) any consumer reporting agency (as defined in 
                section 603(f) of this Act); or
                    ``(B) any person--
                            ``(i) who has extended credit to the 
                        consumer; or
                            ``(ii) to whom the consumer has applied or 
                        is applying for an extension of credit;
            ``(2) make any statement, or counsel or advise any consumer 
        to make any statement, the intended effect of which is to alter 
        the consumer's identification to prevent the display of the 
        consumer's credit record, history, or rating for the purpose of 
        concealing adverse information that is accurate and not 
        obsolete to--
                    ``(A) any consumer reporting agency;
                    ``(B) any person--
                            ``(i) who has extended credit to the 
                        consumer; or
                            ``(ii) to whom the consumer has applied or 
                        is applying for an extension of credit;
            ``(3) make or use any untrue or misleading representation 
        of the services of the credit repair organization; or
            ``(4) engage, directly or indirectly, in any act, practice, 
        or course of business that constitutes or results in the 
        commission of, or an attempt to commit, a fraud or deception on 
        any person in connection with the offer or sale of the services 
        of the credit repair organization.
    ``(b) Payment in Advance.--No credit repair organization may charge 
or receive any money or other valuable consideration for the 
performance of any service which the credit repair organization has 
agreed to perform for any consumer before such service is fully 
performed.

``SEC. 405. DISCLOSURES.

    ``(a) Disclosure Required.--Any credit repair organization shall 
provide any consumer with the following written statement before any 
contract or agreement between the consumer and the credit repair 
organization is executed:

       ```Consumer Credit File Rights Under State and Federal Law

    ```You have a right to dispute inaccurate information in your 
credit report by contacting the credit bureau directly. However, 
neither you nor any ``credit repair'' company or credit repair 
organization has the right to have accurate, current, and verifiable 
information removed from your credit report. The credit bureau must 
remove accurate, negative information from your report only if it is 
over 7 years old. Bankruptcy information can be reported for 10 years.
    ```You have a right to obtain a copy of your credit report from a 
credit bureau. You may be charged a reasonable fee. There is no fee, 
however, if you have been turned down for credit, employment, 
insurance, or a rental dwelling because of information in your credit 
report within the preceding 60 days. The credit bureau must provide 
someone to help you interpret the information in your credit file. You 
are entitled to receive a free copy of your credit report if you are 
unemployed and intend to apply for employment in the next 60 days, if 
you are a recipient of public welfare assistance, or if you have reason 
to believe that there is inaccurate information in your credit report 
due to fraud.
    ```You have a right to sue a credit repair organization that 
violates the Credit Repair Organization Act. This law prohibits 
deceptive practices by credit repair organizations.
    ```You have the right to cancel your contract with any credit 
repair organization for any reason within 3 business days from the date 
you signed it.
    ```Credit bureaus are required to follow reasonable procedures to 
ensure that the information they report is accurate. However, mistakes 
may occur.
    ```You may, on your own, notify a credit bureau in writing that you 
dispute the accuracy of information in your credit file. The credit 
bureau must then reinvestigate and modify or remove inaccurate or 
incomplete information. The credit bureau may not charge any fee for 
this service. Any pertinent information and copies of all documents you 
have concerning an error should be given to the credit bureau.
    ```If the credit bureau's reinvestigation does not resolve the 
dispute to your satisfaction, you may send a brief statement to the 
credit bureau, to be kept in your file, explaining why you think the 
record is inaccurate. The credit bureau must include a summary of your 
statement about disputed information with any report it issues about 
you.
    ```The Federal Trade Commission regulates credit bureaus and credit 
repair organizations. For more information contact:

                     ```The Public Reference Branch

                      ```Federal Trade Commission

                      ```Washington, D.C. 20580'.

    ``(b) Separate Statement Requirement.--The written statement 
required under this section shall be provided as a document which is 
separate from any written contract or other agreement between the 
credit repair organization and the consumer or any other written 
material provided to the consumer.
    ``(c) Retention of Compliance Records.--
            ``(1) In general.--The credit repair organization shall 
        maintain a copy of the statement signed by the consumer 
        acknowledging receipt of the statement.
            ``(2) Maintenance for 2 years.--The copy of any consumer's 
        statement shall be maintained in the organization's files for 2 
        years after the date on which the statement is signed by the 
        consumer.

``SEC. 406. CREDIT REPAIR ORGANIZATIONS CONTRACTS.

    ``(a) Written Contracts Required.--No services may be provided by 
any credit repair organization for any consumer--
            ``(1) unless a written and dated contract (for the purchase 
        of such services) which meets the requirements of subsection 
        (b) has been signed by the consumer; or
            ``(2) before the end of the 3-business-day period beginning 
        on the date the contract is signed.
    ``(b) Terms and Conditions of Contract.--No contract referred to in 
subsection (a) meets the requirements of this subsection unless such 
contract includes (in writing)--
            ``(1) the terms and conditions of payment, including the 
        total amount of all payments to be made by the consumer to the 
        credit repair organization or to any other person;
            ``(2) a full and detailed description of the services to be 
        performed by the credit repair organization for the consumer, 
        including--
                    ``(A) all guarantees of performance; and
                    ``(B) an estimate of--
                            ``(i) the date by which the performance of 
                        the services (to be performed by the credit 
                        repair organization or any other person) will 
                        be complete; or
                            ``(ii) the length of the period necessary 
                        to perform such services;
            ``(3) the credit repair organization's name and principal 
        business address; and
            ``(4) a conspicuous statement in bold face type, in 
        immediate proximity to the space reserved for the consumer's 
        signature on the contract, which reads as follows: `You may 
        cancel this contract without penalty or obligation at any time 
        before midnight of the 3rd business day after the date on which 
        you signed the contract. See the attached notice of 
        cancellation form for an explanation of this right.'.

``SEC. 407. RIGHT TO CANCEL CONTRACT.

    ``(a) In General.--Any consumer may cancel any contract with any 
credit repair organization without penalty or obligation by notifying 
the credit repair organization of the consumer's intention to do so at 
any time before midnight of the 3rd business day which begins after the 
date on which the contract or agreement between the consumer and the 
credit repair organization is executed or would, but for this 
subsection, become enforceable against the parties.
    ``(b) Cancellation Form and Other Information.--Each contract shall 
be accompanied by a form, in duplicate, which has the heading `Notice 
of Cancellation' and contains in bold face type the following 
statement:
            ```You may cancel this contract, without any penalty or 
        obligation, at any time before midnight of the 3rd day which 
        begins after the date the contract is signed by you.
            ```To cancel this contract, mail or deliver a signed, dated 
        copy of this cancellation notice, or any other written notice 
        to [ name of credit repair organization ] at [ address of 
        credit repair organization ] before midnight on [ date ]
            ```I hereby cancel this transaction,
            [ date ]
            [ purchaser's signature ].'.
    ``(c) Consumer Copy of Contract Required.--Any consumer who enters 
into any contract with any credit repair organization shall be given, 
by the organization--
            ``(1) a copy of the completed contract and the disclosure 
        statement required under section 405; and
            ``(2) a copy of any other document the credit repair 
        organization requires the consumer to sign,
at the time the contract or the other document is signed.

``SEC. 408. NONCOMPLIANCE WITH THIS TITLE.

    ``(a) Consumer Waivers Invalid.--Any waiver by any consumer of any 
protection provided by or any right of the consumer under this title--
            ``(1) shall be treated as void; and
            ``(2) may not be enforced by any Federal or State court or 
        any other person.
    ``(b) Attempt To Obtain Waiver.--Any attempt by any person to 
obtain a waiver from any consumer of any protection provided by or any 
right of the consumer under this title shall be treated as a violation 
of this title.
    ``(c) Contracts Not in Compliance.--Any contract for services which 
does not comply with the applicable provisions of this title--
            ``(1) shall be treated as void; and
            ``(2) may not be enforced by any Federal or State court or 
        any other person.

``SEC. 409. CIVIL LIABILITY.

    ``(a) Liability Established.--Any person who fails to comply with 
any provision of this title with respect to any other person shall be 
liable to such person in an amount equal to the sum of the amounts 
determined under each of the following paragraphs:
            ``(1) Actual damages.--The greater of--
                    ``(A) the amount of any actual damage sustained by 
                such person as a result of such failure; or
                    ``(B) any amount paid by the person to the credit 
                repair organization.
            ``(2) Punitive damages.--
                    ``(A) Individual actions.--In the case of any 
                action by an individual, such additional amount as the 
                court may allow.
                    ``(B) Class actions.--In the case of a class 
                action, the sum of--
                            ``(i) the aggregate of the amount which the 
                        court may allow for each named plaintiff; and
                            ``(ii) the aggregate of the amount which 
                        the court may allow for each other class 
                        member, without regard to any minimum 
                        individual recovery.
            ``(3) Attorneys' fees.--In the case of any successful 
        action to enforce any liability under paragraph (1) or (2), the 
        costs of the action, together with reasonable attorneys' fees.
    ``(b) Factors To Be Considered in Awarding Punitive Damages.--In 
determining the amount of any liability of any credit repair 
organization under subsection (a)(2), the court shall consider, among 
other relevant factors--
            ``(1) the frequency and persistence of noncompliance by the 
        credit repair organization;
            ``(2) the nature of the noncompliance;
            ``(3) the extent to which such noncompliance was 
        intentional; and
            ``(4) in the case of any class action, the number of 
        consumers adversely affected.

``SEC. 410. ADMINISTRATIVE ENFORCEMENT.

    ``(a) In General.--Compliance with the requirements imposed under 
this title with respect to credit repair organizations shall be 
enforced under the Federal Trade Commission Act by the Federal Trade 
Commission.
    ``(b) Violations of This Title Treated as Violations of Federal 
Trade Commission Act.--
            ``(1) In general.--For the purpose of the exercise by the 
        Federal Trade Commission of the Commission's functions and 
        powers under the Federal Trade Commission Act, any violation of 
        any requirement or prohibition imposed under this title with 
        respect to credit repair organizations shall constitute an 
        unfair or deceptive act or practice in commerce in violation of 
        section 5(a) of the Federal Trade Commission Act.
            ``(2) Enforcement authority under other law.--All functions 
        and powers of the Federal Trade Commission under the Federal 
        Trade Commission Act shall be available to the Commission to 
        enforce compliance with this title by any person subject to 
        enforcement by the Federal Trade Commission pursuant to this 
        subsection, including the power to enforce the provisions of 
        this title in the same manner as if the violation had been a 
        violation of any Federal Trade Commission trade regulation 
        rule, without regard to whether the credit repair 
        organization--
                    ``(A) is engaged in commerce; or
                    ``(B) meets any other jurisdictional tests in the 
                Federal Trade Commission Act.
    ``(c) State Action for Violations.--
            ``(1) Authority of states.--In addition to such other 
        remedies as are provided under State law, whenever the chief 
        law enforcement officer of a State, or an official or agency 
        designated by a State, has reason to believe that any person 
        has violated or is violating this title, the State--
                    ``(A) may bring an action to enjoin such violation;
                    ``(B) may bring an action on behalf of its 
                residents to recover damages for which the person is 
                liable to such residents under section 409 as a result 
                of the violation; and
                    ``(C) in the case of any successful action under 
                subparagraph (A) or (B), shall be awarded the costs of 
                the action and reasonable attorney fees as determined 
                by the court.
            ``(2) Rights of commission.--
                    ``(A) Notice to commission.--The State shall serve 
                prior written notice of any civil action under 
                paragraph (1) upon the Federal Trade Commission and 
                provide the Commission with a copy of its complaint, 
                except in any case where such prior notice is not 
                feasible, in which case the State shall serve such 
                notice immediately upon instituting such action.
                    ``(B) Intervention.--The Commission shall have the 
                right--
                            ``(i) to intervene in any action referred 
                        to in subparagraph (A);
                            ``(ii) upon so intervening, to be heard on 
                        all matters arising in the action; and
                            ``(iii) to file petitions for appeal.
            ``(3) Investigatory powers.--For purposes of bringing any 
        action under this subsection, nothing in this subsection shall 
        prevent the chief law enforcement officer, or an official or 
        agency designated by a State, from exercising the powers 
        conferred on the chief law enforcement officer or such official 
        by the laws of such State to conduct investigations or to 
        administer oaths or affirmations or to compel the attendance of 
        witnesses or the production of documentary and other evidence.
            ``(4) Limitation.--Whenever the Federal Trade Commission 
        has instituted a civil action for violation of this title, no 
        State may, during the pendency of such action, bring an action 
        under this section against any defendant named in the complaint 
        of the Commission for any violation of this title that is 
        alleged in that complaint.

``SEC. 411. STATUTE OF LIMITATIONS.

    ``Any action to enforce any liability under this title may be 
brought before the later of--
            ``(1) the end of the 5-year period beginning on the date of 
        the occurrence of the violation involved; or
            ``(2) in any case in which any credit repair organization 
        has materially and willfully misrepresented any information 
        which--
                    ``(A) the credit repair organization is required, 
                by any provision of this title, to disclose to any 
                consumer; and
                    ``(B) is material to the establishment of the 
                credit repair organization's liability to the consumer 
                under this title,
        the end of the 5-year period beginning on the date of the 
        discovery by the consumer of the misrepresentation.

``SEC. 412. RELATION TO STATE LAW.

    ``This title shall not annul, alter, affect, or exempt any person 
subject to the provisions of this title from complying with any law of 
any State except to the extent that such law is inconsistent with any 
provision of this title, and then only to the extent of the 
inconsistency.

``SEC. 413. EFFECTIVE DATE.

    ``This title shall apply after the end of the 6-month period 
beginning on the date of the enactment of the Credit Repair 
Organizations Act, except with respect to contracts entered into by a 
credit repair organization before the end of such period.''.

SEC. 452. CREDIT WORTHINESS.

    It is the sense of the Senate that--
            (1) individuals should generally be judged for credit 
        worthiness based on their own credit worthiness and not on the 
        zip code or neighborhood in which they live; and
            (2) the Federal Trade Commission, after consultation with 
        the appropriate Federal banking agency, should report to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        as to whether and how the location of the residence of an 
        applicant for unsecured credit is considered by many companies 
        and financial institutions in deciding whether an applicant 
        should be granted credit.

 TITLE V--ASSET CONSERVATION, LENDER LIABILITY, AND DEPOSIT INSURANCE 
                               PROTECTION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Asset Conservation, Lender 
Liability, and Deposit Insurance Protection Act of 1996''.

SEC. 502. CERCLA LENDER AND FIDUCIARY LIABILITY LIMITATIONS AMENDMENTS.

    (a) In General.--Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is 
amended by adding at the end the following:
    ``(n) Liability of Fiduciaries.--
            ``(1) In general.--The liability of a fiduciary under any 
        provision of this Act for the release or threatened release of 
        a hazardous substance at, from, or in connection with a vessel 
        or facility held in a fiduciary capacity shall not exceed the 
        assets held in the fiduciary capacity.
            ``(2) Exclusion.--Paragraph (1) does not apply to the 
        extent that a person is liable under this Act independently of 
        the person's ownership of a vessel or facility as a fiduciary 
        or actions taken in a fiduciary capacity.
            ``(3) Limitation.--Paragraphs (1) and (4) do not limit the 
        liability pertaining to a release or threatened release of a 
        hazardous substance if negligence of a fiduciary causes or 
        contributes to the release or threatened release.
            ``(4) Safe harbor.--A fiduciary shall not be liable in its 
        personal capacity under this Act for--
                    ``(A) undertaking or directing another person to 
                undertake a response action under subsection (d)(1) or 
                under the direction of an on scene coordinator 
                designated under the National Contingency Plan;
                    ``(B) undertaking or directing another person to 
                undertake any other lawful means of addressing a 
                hazardous substance in connection with the vessel or 
                facility;
                    ``(C) terminating the fiduciary relationship;
                    ``(D) including in the terms of the fiduciary 
                agreement a covenant, warranty, or other term or 
                condition that relates to compliance with an 
                environmental law, or monitoring, modifying or 
                enforcing the term or condition;
                    ``(E) monitoring or undertaking 1 or more 
                inspections of the vessel or facility;
                    ``(F) providing financial or other advice or 
                counseling to other parties to the fiduciary 
                relationship, including the settlor or beneficiary;
                    ``(G) restructuring, renegotiating, or otherwise 
                altering the terms and conditions of the fiduciary 
                relationship;
                    ``(H) administering, as a fiduciary, a vessel or 
                facility that was contaminated before the fiduciary 
                relationship began; or
                    ``(I) declining to take any of the actions 
                described in subparagraphs (B) through (H).
            ``(5) Definitions.--As used in this Act:
                    ``(A) Fiduciary.--The term `fiduciary'--
                            ``(i) means a person acting for the benefit 
                        of another party as a bona fide--
                                    ``(I) trustee;
                                    ``(II) executor;
                                    ``(III) administrator;
                                    ``(IV) custodian;
                                    ``(V) guardian of estates or 
                                guardian ad litem;
                                    ``(VI) receiver;
                                    ``(VII) conservator;
                                    ``(VIII) committee of estates of 
                                incapacitated persons;
                                    ``(IX) personal representative;
                                    ``(X) trustee (including a 
                                successor to a trustee) under an 
                                indenture agreement, trust agreement, 
                                lease, or similar financing agreement, 
                                for debt securities, certificates of 
                                interest or certificates of 
                                participation in debt securities, or 
                                other forms of indebtedness as to which 
                                the trustee is not, in the capacity of 
                                trustee, the lender; or
                                    ``(XI) representative in any other 
                                capacity that the Administrator, after 
                                providing public notice, determines to 
                                be similar to the capacities described 
                                in subclauses (I) through (X); and
                            ``(ii) does not include--
                                    ``(I) a person that is acting as a 
                                fiduciary with respect to a trust or 
                                other fiduciary estate that was 
                                organized for the primary purpose of, 
                                or is engaged in, actively carrying on 
                                a trade or business for profit, unless 
                                the trust or other fiduciary estate was 
                                created as part of, or to facilitate, 1 
                                or more estate plans or because of the 
                                incapacity of a natural person; or
                                    ``(II) a person that acquires 
                                ownership or control of a vessel or 
                                facility with the objective purpose of 
                                avoiding liability of the person or of 
                                any other person.
                    ``(B) Fiduciary capacity.--The term `fiduciary 
                capacity' means the capacity of a person in holding 
                title to a vessel or facility, or otherwise having 
                control of or an interest in the vessel or facility, 
                pursuant to the exercise of the responsibilities of the 
                person as a fiduciary.
            ``(6) Savings clause.--Nothing in this subsection--
                    ``(A) affects the rights or immunities or other 
                defenses that are available under this Act or other law 
                that is applicable to a person subject to this 
                subsection; or
                    ``(B) creates any liability for a person or a 
                private right of action against a fiduciary or any 
                other person.
            ``(7) No effect on certain persons.--Nothing in this 
        subsection applies to a person if the person--
                    ``(A)(i) acts in a capacity other than that of a 
                fiduciary or in a beneficiary capacity; and
                    ``(ii) in that capacity, directly or indirectly 
                benefits from a trust or fiduciary relationship; or
                    ``(B)(i) is a beneficiary and a fiduciary with 
                respect to the same fiduciary estate; and
                    ``(ii) as a fiduciary, receives benefits that 
                exceed customary or reasonable compensation, and 
                incidental benefits, permitted under other applicable 
                law.
            ``(8) Limitation.--This subsection does not preclude a 
        claim under this Act against--
                    ``(A) the assets of the estate or trust 
                administered by the fiduciary; or
                    ``(B) a nonemployee agent or independent contractor 
                retained by a fiduciary.''.
    (b) Definition of Owner or Operator.--Section 101(20) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601(20)) is amended by adding at the end the 
following:
                    ``(E) Exclusion of lenders not participants in 
                management.--
                            ``(i) Indicia of ownership to protect 
                        security.--The term `owner or operator' does 
                        not include a person that is a lender that, 
                        without participating in the management of a 
                        vessel or facility, holds indicia of ownership 
                        primarily to protect the security interest of 
                        the person in the vessel or facility.
                            ``(ii) Foreclosure.--The term `owner or 
                        operator' does not include a person that is a 
                        lender that did not participate in management 
                        of a vessel or facility prior to foreclosure, 
                        notwithstanding that the person--
                                    ``(I) forecloses on the vessel or 
                                facility; and
                                    ``(II) after foreclosure, sells, 
                                re-leases (in the case of a lease 
                                finance transaction), or liquidates the 
                                vessel or facility, maintains business 
                                activities, winds up operations, 
                                undertakes a response action under 
                                section 107(d)(1) or under the 
                                direction of an on-scene coordinator 
                                appointed under the National 
                                Contingency Plan, with respect to the 
                                vessel or facility, or takes any other 
                                measure to preserve, protect, or 
                                prepare the vessel or facility prior to 
                                sale or disposition,
                        if the person seeks to sell, re-lease (in the 
                        case of a lease finance transaction), or 
                        otherwise divest the person of the vessel or 
                        facility at the earliest practicable, 
                        commercially reasonable time, on commercially 
                        reasonable terms, taking into account market 
                        conditions and legal and regulatory 
                        requirements.
                    ``(F) Participation in management.--For purposes of 
                subparagraph (E)--
                            ``(i) the term `participate in 
                        management'--
                                    ``(I) means actually participating 
                                in the management or operational 
                                affairs of a vessel or facility; and
                                    ``(II) does not include merely 
                                having the capacity to influence, or 
                                the unexercised right to control, 
                                vessel or facility operations;
                            ``(ii) a person that is a lender and that 
                        holds indicia of ownership primarily to protect 
                        a security interest in a vessel or facility 
                        shall be considered to participate in 
                        management only if, while the borrower is still 
                        in possession of the vessel or facility 
                        encumbered by the security interest, the 
                        person--
                                    ``(I) exercises decisionmaking 
                                control over the environmental 
                                compliance related to the vessel or 
                                facility, such that the person has 
                                undertaken responsibility for the 
                                hazardous substance handling or 
                                disposal practices related to the 
                                vessel or facility; or
                                    ``(II) exercises control at a level 
                                comparable to that of a manager of the 
                                vessel or facility, such that the 
                                person has assumed or manifested 
                                responsibility--
                                            ``(aa) for the overall 
                                        management of the vessel or 
                                        facility encompassing day-to-
                                        day decisionmaking with respect 
                                        to environmental compliance; or
                                            ``(bb) over all or 
                                        substantially all of the 
                                        operational functions (as 
                                        distinguished from financial or 
                                        administrative functions) of 
                                        the vessel or facility other 
                                        than the function of 
                                        environmental compliance;
                            ``(iii) the term `participate in 
                        management' does not include performing an act 
                        or failing to act prior to the time at which a 
                        security interest is created in a vessel or 
                        facility; and
                            ``(iv) the term `participate in management' 
                        does not include--
                                    ``(I) holding a security interest 
                                or abandoning or releasing a security 
                                interest;
                                    ``(II) including in the terms of an 
                                extension of credit, or in a contract 
                                or security agreement relating to the 
                                extension, a covenant, warranty, or 
                                other term or condition that relates to 
                                environmental compliance;
                                    ``(III) monitoring or enforcing the 
                                terms and conditions of the extension 
                                of credit or security interest;
                                    ``(IV) monitoring or undertaking 1 
                                or more inspections of the vessel or 
                                facility;
                                    ``(V) requiring a response action 
                                or other lawful means of addressing the 
                                release or threatened release of a 
                                hazardous substance in connection with 
                                the vessel or facility prior to, 
                                during, or on the expiration of the 
                                term of the extension of credit;
                                    ``(VI) providing financial or other 
                                advice or counseling in an effort to 
                                mitigate, prevent, or cure default or 
                                diminution in the value of the vessel 
                                or facility;
                                    ``(VII) restructuring, 
                                renegotiating, or otherwise agreeing to 
                                alter the terms and conditions of the 
                                extension of credit or security 
                                interest, exercising forbearance;
                                    ``(VIII) exercising other remedies 
                                that may be available under applicable 
                                law for the breach of a term or 
                                condition of the extension of credit or 
                                security agreement; or
                                    ``(IX) conducting a response action 
                                under section 107(d) or under the 
                                direction of an on-scene coordinator 
                                appointed under the National 
                                Contingency Plan,
                        if the actions do not rise to the level of 
                        participating in management (within the meaning 
                        of clauses (i) and (ii)).
                    ``(G) Other terms.--As used in this Act:
                            ``(i) Extension of credit.--The term 
                        `extension of credit' includes a lease finance 
                        transaction--
                                    ``(I) in which the lessor does not 
                                initially select the leased vessel or 
                                facility and does not during the lease 
                                term control the daily operations or 
                                maintenance of the vessel or facility; 
                                or
                                    ``(II) that conforms with 
                                regulations issued by the appropriate 
                                Federal banking agency or the 
                                appropriate State bank supervisor (as 
                                those terms are defined in section 3 of 
                                the Federal Deposit Insurance Act (12 
                                U.S.C. 1813) or with regulations issued 
                                by the National Credit Union 
                                Administration Board, as appropriate.
                            ``(ii) Financial or administrative 
                        function.--The term `financial or 
                        administrative function' includes a function 
                        such as that of a credit manager, accounts 
                        payable officer, accounts receivable officer, 
                        personnel manager, comptroller, or chief 
                        financial officer, or a similar function.
                            ``(iii) Foreclosure; foreclose.--The terms 
                        `foreclosure' and `foreclose' mean, 
                        respectively, acquiring, and to acquire, a 
                        vessel or facility through--
                                    ``(I)(aa) purchase at sale under a 
                                judgment or decree, power of sale, or 
                                nonjudicial foreclosure sale;
                                    ``(bb) from a trustee, deed in lieu 
                                of foreclosure, or similar conveyance; 
                                or
                                    ``(cc) repossession,
                        if the vessel or facility was security for an 
                        extension of credit previously contracted;
                                    ``(II) conveyance pursuant to an 
                                extension of credit previously 
                                contracted, including the termination 
                                of a lease agreement; or
                                    ``(III) any other formal or 
                                informal manner by which the person 
                                acquires, for subsequent disposition, 
                                title to or possession of a vessel or 
                                facility in order to protect the 
                                security interest of the person.
                            ``(iv) Lender.--The term lender includes--
                                    ``(I) an insured depository 
                                institution (as defined in section 3 of 
                                the Federal Deposit Insurance Act (12 
                                U.S.C. 1813);
                                    ``(II) an insured credit union (as 
                                defined in section 101 of the Federal 
                                Credit Union Act (12 U.S.C. 1752));
                                    ``(III) a bank or association 
                                chartered under the Farm Credit Act of 
                                1971 (12 U.S.C. 2001 et seq.);
                                    ``(IV) a leasing or trust company 
                                that is an affiliate of an insured 
                                depository institution;
                                    ``(V) any person (including a 
                                successor or assignee of any such 
                                person) that makes a bona fide 
                                extension of credit to or takes or 
                                acquires a security interest from a 
                                nonaffiliated person;
                                    ``(VI) the Federal National 
                                Mortgage Association, the Federal Home 
                                Loan Mortgage Corporation, the Federal 
                                Agricultural Mortgage Corporation, or 
                                any other entity that in a bona fide 
                                manner buys or sells loans or interests 
                                in loans;
                                    ``(VII) a person that insures or 
                                guarantees against a default in the 
                                repayment of an extension of credit, or 
                                acts as a surety with respect to an 
                                extension of credit, to a nonaffiliated 
                                person; and
                                    ``(VIII) a person that provides 
                                title insurance and that acquires a 
                                vessel or facility as a result of 
                                assignment or conveyance in the course 
                                of underwriting claims and claims 
                                settlement.
                            ``(v) Operational function.--The term 
                        `operational function' includes a function such 
                        as that of a facility or plant manager, 
                        operations manager, chief operating officer, or 
                        chief executive officer.
                            ``(vi) Security interest.--The term 
                        `security interest' includes a right under a 
                        mortgage, deed of trust, assignment, judgment 
                        lien, pledge, security agreement, factoring 
                        agreement, or lease and any other right 
                        accruing to a person to secure the repayment of 
                        money, the performance of a duty, or any other 
                        obligation by a nonaffiliated person.''.

SEC. 503. CONFORMING AMENDMENT.

    Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(h)) is amended by striking paragraph (9) and inserting the 
following:
            ``(9) Definition of owner or operator.--
                    ``(A) In general.--As used in this subtitle, the 
                terms `owner' and `operator' do not include a person 
                that, without participating in the management of an 
                underground storage tank and otherwise not engaged in 
                petroleum production, refining, or marketing, holds 
                indicia of ownership primarily to protect the person's 
security interest.
                    ``(B) Security interest holders.--The provisions 
                regarding holders of security interests in 
                subparagraphs (E) through (G) of section 101(20) and 
                the provisions regarding fiduciaries at section 107(n) 
                of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 shall apply in 
                determining whether a person is an owner or operator of 
                an underground storage tank for the purposes of this 
                Act.
                    ``(C) Affect on rule.--Nothing in this paragraph 
                shall be construed as modifying or affecting the final 
                rule issued by the Administrator on September 7, 1995 
                (60 Fed. Reg. 46,692), or as limiting the authority of 
                the Administrator to amend the final rule, in 
                accordance with applicable law. The final rule in 
                effect on the date of enactment of this subparagraph 
                shall prevail over any inconsistent provision regarding 
                holders of security interests in subparagraphs (E) 
                through (G) of section 101(20) or any inconsistent 
                provision regarding fiduciaries in section 107(n) of 
                the Comprehensive Environmental Response, Compensation, 
                and Liability Act of 1980. Any amendment to the final 
                rule shall be consistent with the provisions regarding 
                holders of security interests in subparagraphs (E) 
                through (G) of section 101(20) and the provisions 
                regarding fiduciaries in section 107(n) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980. This subparagraph does not 
                preclude judicial review of any amendment of the final 
                rule made after the date of enactment of this 
                subparagraph.''.

SEC. 504. LENDER LIABILITY RULE.

    (a) In General.--Effective on the date of enactment of this Act, 
the portion of the final rule issued by the Administrator of the 
Environmental Protection Agency on April 29, 1992 (57 Fed. Reg. 
18,344), promulgating section 300.1105 of title 40, Code of Federal 
Regulations, shall be deemed to have been validly issued under 
authority of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and to have been 
effective according to the terms of the final rule. No additional 
administrative or judicial proceedings shall be necessary or may be 
held with respect to the final rule. Any reference in that portion of 
the final rule to section 300.1100 of title 40, Code of Federal 
Regulations, shall be deemed to be a reference to this title and the 
amendments made by this title.
    (b) Judicial Review.--Notwithstanding section 113(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9613(a)), no court shall have jurisdiction to review 
the portion of the final rule issued by the Administrator of the 
Environmental Protection Agency on April 29, 1992 (57 Fed. Reg. 18,344) 
that promulgated section 300.1105 of title 40, Code of Federal 
Regulations.
    (c) Delegation.--Nothing in this section limits the authority of 
the President or a delegee of the President to amend the portion of the 
final rule issued by the Administrator of the Environmental Protection 
Agency on April 29, 1992 (57 Fed. Reg. 18,344), promulgating section 
300.1105 of title 40, Code of Federal Regulations, consistent with this 
title, the amendments made by this title, and other applicable law.
    (d) Judicial Review.--This section does not preclude judicial 
review of any amendment of section 300.1105 of title 40, Code of 
Federal Regulations, made after the date of enactment of this Act.

SEC. 505. EFFECTIVE DATE.

    The amendments made by this title shall be applicable with respect 
to any claim that has not been finally adjudicated as of the date of 
enactment of this Act.

                        TITLE VI--MISCELLANEOUS

SEC. 601. FEDERAL RESERVE STUDY.

    (a) Study of Electronic Stored Value Products.--
            (1) Study.--The Board shall conduct a study of electronic 
        stored value products which evaluates whether provisions of the 
        Electronic Fund Transfer Act could be applied to such products 
        without adversely impacting the cost, development, and 
        operation of such products.
            (2) Considerations.--In conducting its study under 
        paragraph (1), the Board shall consider whether alternatives to 
        regulation under the Electronic Fund Transfer Act, such as 
        allowing competitive market forces to shape the development and 
        operation of electronic stored value products, could more 
        efficiently achieve the objectives embodied in that Act.
    (b) Report.--The Board shall submit a report of its study under 
subsection (a) to the Congress not later than 6 months after the date 
of enactment of this Act.
    (c) Action To Finalize.--The Board shall take no action to finalize 
any amendments to regulations under the Electronic Fund Transfer Act 
that would regulate electronic stored value products until the later 
of--
            (1) 3 months after the date on which the report is 
        submitted to the Congress under subsection (b); or
            (2) 9 months after the date of enactment of this Act.

SEC. 602. TREATMENT OF CLAIMS ARISING FROM BREACH OF CONTRACTS EXECUTED 
              BY THE RECEIVER OR CONSERVATOR.

    Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C. 
1821(d)) is amended by adding at the end the following new paragraph:
            ``(20) Treatment of claims arising from breach of contracts 
        executed by the receiver or conservator.--Notwithstanding any 
        other provision of this subsection, a final and unappealable 
        judgment for monetary damages entered against a receiver or 
        conservator for an insured depository institution for the 
        breach of an agreement executed or approved by such receiver or 
        conservator after the date of its appointment shall be paid as 
        an administrative expense of the receiver or conservator. 
        Nothing in this paragraph shall be construed to limit the power 
        of a receiver or conservator to exercise any rights under 
        contract or law, including to terminate, breach, cancel, or 
        otherwise discontinue such agreement.''.

SEC. 603. CRIMINAL SANCTIONS FOR FICTITIOUS FINANCIAL INSTRUMENTS AND 
              COUNTERFEITING.

    (a) Increased Penalties for Counterfeiting Violations.--Sections 
474 and 474A of title 18, United States Code, are amended by striking 
``class C felony'' each place that term appears and inserting ``class B 
felony''.
    (b) Criminal Penalty for Production, Sale, Transportation, 
Possession of Fictitious Financial Instruments Purporting To Be Those 
of the States, of Political Subdivisions, and of Private 
Organizations.--
            (1) In general.--Chapter 25 of title 18, United States 
        Code, is amended by inserting after section 513, the following 
        new section:
``Sec. 514. Fictitious obligations
    ``(a) Whoever, with the intent to defraud--
            ``(1) draws, prints, processes, produces, publishes, or 
        otherwise makes, or attempts or causes the same, within the 
        United States;
            ``(2) passes, utters, presents, offers, brokers, issues, 
        sells, or attempts or causes the same, or with like intent 
        possesses, within the United States; or
            ``(3) utilizes interstate or foreign commerce, including 
        the use of the mails or wire, radio, or other electronic 
        communication, to transmit, transport, ship, move, transfer, or 
        attempts or causes the same, to, from, or through the United 
        States,
any false or fictitious instrument, document, or other item appearing, 
representing, purporting, or contriving through scheme or artifice, to 
be an actual security or other financial instrument issued under the 
authority of the United States, a foreign government, a State or other 
political subdivision of the United States, or an organization, shall 
be guilty of a class B felony.
    ``(b) For purposes of this section, any term used in this section 
that is defined in section 513(c) has the same meaning given such term 
in section 513(c).
    ``(c) The United States Secret Service, in addition to any other 
agency having such authority, shall have authority to investigate 
offenses under this section.''.
            (2) Technical amendment.--The analysis for chapter 25 of 
        title 18, United States Code, is amended by inserting after the 
        item relating to section 513 the following:

``514. Fictitious obligations.''.

SEC. 604. AMENDMENTS TO THE TRUTH IN SAVINGS ACT.

    (a) Repeals.--Section 271 of the Truth in Savings Act (12 U.S.C. 
4310) is repealed.
    (b) On-Premises Displays.--Section 263(c) of the Truth in Savings 
Act (12 U.S.C. 4302(c)) is amended--
            (1) by striking paragraph (2);
            (2) by striking ``(1) In general.--''; and
            (3) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively, and indenting 
        appropriately.
    (c) Depository Institution Definition.--Section 274(6) of the Truth 
in Savings Act (12 U.S.C. 4313(6)) is amended by inserting before the 
period ``, but does not include any nonautomated credit union that was 
not required to comply with the requirements of this title as of the 
date of enactment of the Economic Growth and Regulatory Paperwork 
Reduction Act of 1996, pursuant to the determination of the National 
Credit Union Administration Board''.
    (d) Time Deposits.--Section 266(a)(3) of the Truth in Savings Act 
(12 U.S.C. 4305(a)(3)) is amended by inserting ``has a maturity of more 
than 30 days'' after ``deposit which''.

SEC. 605. CONSUMER LEASING ACT AMENDMENTS.

    (a) Congressional Findings and Declaration of Purposes.--
            (1) Findings.--The Congress finds that--
                    (A) competition among the various financial 
                institutions and other firms engaged in the business of 
                consumer leasing is greatest when there is informed use 
                of leasing;
                    (B) the informed use of leasing results from an 
                awareness of the cost of leasing by consumers; and
                    (C) there has been a continued trend toward leasing 
                automobiles and other durable goods for consumer use as 
                an alternative to installment credit sales and that 
                leasing product advances have occurred such that 
                lessors have been unable to provide consistent 
                industry-wide disclosures to fully account for the 
                competitive progress that has occurred.
            (2) Purposes.--The purposes of this section are--
                    (A) to assure a simple, meaningful disclosure of 
                leasing terms so that the consumer will be able to 
                compare more readily the various leasing terms 
                available to the consumer and avoid the uninformed use 
                of leasing, and to protect the consumer against 
                inaccurate and unfair leasing practices;
                    (B) to provide for adequate cost disclosures that 
                reflect the marketplace without impairing competition 
                and the development of new leasing products; and
                    (C) to provide the Board with the regulatory 
                authority to assure a simplified, meaningful definition 
                and disclosure of the terms of certain leases of 
                personal property for personal, family, or household 
                purposes so as to--
                            (i) enable the lessee to compare more 
                        readily the various lease terms available to 
                        the lessee;
                            (ii) enable comparison of lease terms with 
                        credit terms, as appropriate; and
                            (iii) assure meaningful and accurate 
                        disclosures of lease terms in advertisements.
    (b) Regulations.--
            (1) In general.--Chapter 5 of the Truth in Lending Act (15 
        U.S.C. 1667 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 187. REGULATIONS.

    ``(a) Regulations Authorized.--
            ``(1) In general.--The Board shall promulgate regulations 
        to update and clarify the requirements and definitions 
        applicable to lease disclosures and contracts, and any other 
        issues specifically related to consumer leasing, to the extent 
        that the Board determines such action to be necessary--
                    ``(A) to carry out this chapter;
                    ``(B) to prevent any circumvention of this chapter; 
                or
                    ``(C) to facilitate compliance with the 
                requirements of the chapter.
            ``(2) Classifications, adjustments.--Any regulations 
        promulgated under paragraph (1) may contain classifications and 
        differentiations, and may provide for adjustments and 
        exceptions for any class of transactions, as the Board 
        considers appropriate.
    ``(b) Model Disclosure.--
            ``(1) Publication.--The Board shall establish and publish 
        model disclosure forms to facilitate compliance with the 
        disclosure requirements of this chapter and to aid the consumer 
        in understanding the transaction to which the subject 
        disclosure form relates.
            ``(2) Use of automated equipment.--In establishing model 
        forms under this subsection, the Board shall consider the use 
        by lessors of data processing or similar automated equipment.
            ``(3) Use optional.--A lessor may utilize a model 
        disclosure form established by the Board under this subsection 
        for purposes of compliance with this chapter, at the discretion 
        of the lessor.
            ``(4) Effect of use.--Any lessor who uses the material 
        aspects of any model disclosure form established by the Board 
        under this subsection shall be deemed to be in compliance with 
        the disclosure requirements to which the form relates.''.
            (2) Effective date.--
                    (A) In general.--Any regulation of the Board, or 
                any amendment or interpretation of any regulation of 
                the Board issued pursuant to section 187 of the Truth 
                in Lending Act (as added by paragraph (1) of this 
                subsection), shall become effective on the first 
                October 1 that follows the date of promulgation of that 
                regulation, amendment, or interpretation by not less 
                than 6 months.
                    (B) Longer period.--The Board may, at the 
                discretion of the Board, extend the time period 
                referred to in subparagraph (A) in accordance with 
                subparagraph (C), to permit lessors to adjust their 
                disclosure forms to accommodate the requirements of 
                section 127 of the Truth in Lending Act (as added by 
                paragraph (1) of this subsection).
                    (C) Shorter period.--The Board may shorten the time 
                period referred to in subparagraph (A), if the Board 
                makes a specific finding that such action is necessary 
                to comply with the findings of a court or to prevent an 
                unfair or deceptive practice.
                    (D) Compliance before effective date.--Any lessor 
                may comply with any means of disclosure provided for in 
                section 127 of the Truth in Lending Act (as added by 
                paragraph (1) of this subsection) before the effective 
                date of such requirement.
                    (E) Definitions.--For purposes of this subsection, 
                the term ``lessor'' has the same meaning as in section 
                181 of the Truth in Lending Act.
            (3) Clerical amendment.--The table of sections for chapter 
        5 of title I of the Truth in Lending Act (15 U.S.C. 1601 et 
        seq.) is amended by inserting after the item relating to 
        section 186 the following new item:

``187. Regulations.''.
    (c) Consumer Lease Advertising.--Section 184 of the Truth in 
Lending Act (15 U.S.C. 1667c) is amended--
            (1) by striking subsections (a) and (c);
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting before subsection (c), as so redesignated, 
        the following:
    ``(a) In General.--If an advertisement for a consumer lease 
includes a statement of the amount of any payment or a statement that 
any or no initial payment is required, the advertisement shall clearly 
and conspicuously state, as applicable--
            ``(1) the transaction advertised is a lease;
            ``(2) the total amount of any initial payments required on 
        or before consummation of the lease or delivery of the 
        property, whichever is later;
            ``(3) that a security deposit is required;
            ``(4) the number, amount, and timing of scheduled payments; 
        and
            ``(5) with respect to a lease in which the liability of the 
        consumer at the end of the lease term is based on the 
        anticipated residual value of the property, that an extra 
        charge may be imposed at the end of the lease term.
    ``(b) Advertising Medium Not Liable.--No owner or employee of any 
entity that serves as a medium in which an advertisement appears or 
through which an advertisement is disseminated, shall be liable under 
this section.''.

SEC. 606. STUDY OF CORPORATE CREDIT UNIONS.

    (a) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Administration.--The term ``Administration'' means the 
        National Credit Union Administration.
            (2) Board.--The term ``Board'' means the National Credit 
        Union Administration Board.
            (3) Corporate credit union.--The term ``corporate credit 
        union'' has the meaning given such term by rule or regulation 
        of the Board.
            (4) Fund.--The term ``Fund'' means the National Credit 
        Union Share Insurance Fund established under section 203 of the 
        Federal Credit Union Act.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
    (b) Study.--
            (1) In general.--The Secretary, in consultation with the 
        Board, the Corporation, the Comptroller of the Currency, and 
        the Administration, shall conduct a study and evaluation of--
                    (A) the oversight and supervisory practices of the 
                Administration concerning the Fund, including the 
                treatment of amounts deposited in the Fund pursuant to 
                section 202(c) of the Federal Credit Union Act, 
                including analysis of--
                            (i) whether those amounts should be--
                                    (I) refundable; or
                                    (II) treated as expenses; and
                            (ii) the use of those amounts in 
                        determining equity capital ratios;
                    (B) the potential for, and potential effects of, 
                administration of the Fund by an entity other than the 
                Administration;
                    (C) the 10 largest corporate credit unions in the 
                United States, conducted in cooperation with 
                appropriate employees of other Federal agencies with 
                expertise in the examination of federally insured 
                financial institutions, including--
                            (i) the investment practices of those 
                        credit unions; and
                            (ii) the financial stability, financial 
                        operations, and financial controls of those 
                        credit unions;
                    (D) the regulations of the Administration; and
                    (E) the supervision of corporate credit unions by 
                the Administration.
    (c) Report.--Not later than 12 months after the date of enactment 
of this Act, the Secretary shall submit to the appropriate committees 
of the Congress, a report that includes the results of the study and 
evaluation conducted under subsection (b), together with any 
recommendations that the Secretary considers to be appropriate.

SEC. 607. REPORT ON THE RECONCILIATION OF DIFFERENCES BETWEEN 
              REGULATORY ACCOUNTING PRINCIPLES AND GENERALLY ACCEPTED 
              ACCOUNTING PRINCIPLES.

    Not later than 180 days after the date of enactment of this Act, 
each appropriate Federal banking agency shall submit to the Committee 
on Banking and Financial Services of the House of Representatives and 
the Committee on Banking, Housing, and Urban Affairs of the Senate, a 
report describing both the actions that have been taken by the agency 
and the actions that will be taken by the agency to eliminate or 
conform inconsistent or duplicative accounting and reporting 
requirements applicable to reports or statements filed with any such 
agency by insured depository institutions, as required by section 121 
of the Federal Deposit Insurance Corporation Improvement Act of 1991.

SEC. 608. STATE-BY-STATE AND METROPOLITAN AREA-BY-METROPOLITAN AREA 
              STUDY OF BANK FEES.

    Section 1002(b)(2)(A) of the Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended 
to read as follows:
                    ``(A) a description of any discernible trend, in 
                the Nation as a whole, in each of the 50 States, and in 
                each consolidated metropolitan statistical area or 
                primary metropolitan statistical area (as defined by 
                the Director of the Office of Management and Budget), 
                in the cost and availability of retail banking services 
                (including fees imposed for providing such services), 
                that delineates differences between insured depository 
                institutions on the basis of both the size of the 
                institution and any engagement of the institution in 
                multistate activity; and''.

SEC. 609. PROSPECTIVE APPLICATION OF GOLD CLAUSES IN CONTRACTS.

    Section 5118(d)(2) of title 31, United States Code, is amended by 
adding at the end the following: ``This paragraph shall apply to any 
obligation issued on or before October 27, 1977, notwithstanding any 
assignment or novation of such obligation after October 27, 1977, 
unless all parties to the assignment or novation specifically agree to 
include a gold clause in the new agreement. Nothing in the preceding 
sentence shall be construed to affect the enforceability of a Gold 
Clause contained in any obligation issued after October 27, 1977 if the 
enforceability of that Gold Clause has been finally adjudicated prior 
to the date of enactment of the Economic Growth and Regulatory 
Paperwork Reduction Act of 1996.''.

SEC. 610. QUALIFIED FAMILY PARTNERSHIPS.

    Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) 
is amended--
            (1) in subsection (b), by inserting ``, and shall not 
        include a qualified family partnership'' after ``by any 
        State''; and
            (2) in subsection (o), by adding at the end the following:
            ``(10) Qualified family partnership.--The term `qualified 
        family partnership' means a general or limited partnership that 
        the Board determines--
                    ``(A) does not directly control any bank, except 
                through a registered bank holding company;
                    ``(B) does not control more than 1 registered bank 
                holding company;
                    ``(C) does not engage in any business activity, 
                except indirectly through ownership of other business 
                entities;
                    ``(D) has no investments other than those permitted 
                for a bank holding company pursuant to section 4(c);
                    ``(E) is not obligated on any debt, either directly 
                or as a guarantor;
                    ``(F) has partners, all of whom are either--
                            ``(i) individuals related to each other by 
                        blood, marriage (including former marriage), or 
                        adoption; or
                            ``(ii) trusts for the primary benefit of 
                        individuals related as described in clause (i); 
                        and
                    ``(G) has filed with the Board a statement that 
                includes--
                            ``(i) the basis for the eligibility of the 
                        partnership under subparagraph (F);
                            ``(ii) a list of the existing activities 
                        and investments of the partnership;
                            ``(iii) a commitment to comply with this 
                        paragraph;
                            ``(iv) a commitment to comply with section 
                        7 of the Federal Deposit Insurance Act with 
                        respect to any acquisition of control of an 
                        insured depository institution occurring after 
                        date of enactment of this paragraph; and
                            ``(v) a commitment to be subject, to the 
                        same extent as if the qualified family 
                        partnership were a bank holding company--
                                    ``(I) to examination by the Board 
                                to assure compliance with this 
                                paragraph; and
                                    ``(II) to section 8 of the Federal 
                                Deposit Insurance Act.''.

SEC. 611. COOPERATIVE EFFORTS BETWEEN DEPOSITORY INSTITUTIONS AND 
              FARMERS AND RANCHERS IN DROUGHT-STRICKEN AREAS.

    (a) Findings.--The Congress hereby finds the following:
            (1) Severe drought is being experienced in the Plains and 
        the Southwest portions of our country.
            (2) Soil erosion is becoming a critical issue as the dry 
        season approaches and summer winds may rob these fields of 
        nutrient-rich topsoil.
            (3) Without immediate assistance, ranchers and farmers 
        would be forced to cull their herds bringing tremendous 
        volatility in the beef market.
            (4) The American people will feel the impact of this 
        drought in their pocketbooks through higher prices for grain 
        products.
            (5) The communities in drought-stricken areas are suffering 
        and borrowers may have difficulty meeting their obligations to 
        financial institutions.
            (6) Congress has already passed the Depository Institutions 
        Disaster Relief Act of 1992 which allows financial institutions 
        to make emergency exceptions to the appraisal requirement in 
        times of national disasters.
    (b) Sense of the Congress.--It is the sense of the Congress that 
financial institutions and Federal bank regulators should work 
cooperatively with farmers and ranchers in communities affected by 
drought conditions to allow financial obligations to be met without 
imposing undue burdens.

                   TITLE VII--DEPOSIT INSURANCE FUNDS

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Deposit Insurance Funds Act of 
1996''.

SEC. 702. SPECIAL ASSESSMENT TO CAPITALIZE SAIF.

    (a) In General.--Except as provided in subsection (f), the Board of 
Directors shall impose a special assessment on the SAIF-assessable 
deposits of each insured depository institution in accordance with 
assessment regulations of the Corporation at a rate applicable to all 
such institutions that the Board of Directors, in its sole discretion, 
determines (after taking into account the adjustments described in 
subsections (g), (h), and (j)) will cause the Savings Association 
Insurance Fund to achieve the designated reserve ratio on the first 
business day of the 1st month beginning after the date of the enactment 
of this Act.
    (b) Factors To Be Considered.--In carrying out subsection (a), the 
Board of Directors shall base its determination on--
            (1) the monthly Savings Association Insurance Fund balance 
        most recently calculated;
            (2) data on insured deposits reported in the most recent 
        reports of condition filed not later than 70 days before the 
        date of enactment of this Act by insured depository 
        institutions; and
            (3) any other factors that the Board of Directors deems 
        appropriate.
    (c) Date of Determination.--For purposes of subsection (a), the 
amount of the SAIF-assessable deposits of an insured depository 
institution shall be determined as of March 31, 1995.
    (d) Date Payment Due.--Except as provided in subsection (g), the 
special assessment imposed under this section shall be--
            (1) due on the first business day of the 1st month 
        beginning after the date of the enactment of this Act; and
            (2) paid to the Corporation on the later of--
                    (A) the first business day of the 1st month 
                beginning after such date of enactment; or
                    (B) such other date as the Corporation shall 
                prescribe, but not later than 60 days after the date of 
                enactment of this Act.
    (e) Assessment Deposited in SAIF.--Notwithstanding any other 
provision of law, the proceeds of the special assessment imposed under 
this section shall be deposited in the Savings Association Insurance 
Fund.
    (f) Exemptions for Certain Institutions.--
            (1) Exemption for weak institutions.--The Board of 
        Directors may, by order, in its sole discretion, exempt any 
        insured depository institution that the Board of Directors 
        determines to be weak, from paying the special assessment 
        imposed under this section if the Board of Directors determines 
        that the exemption would reduce risk to the Savings Association 
        Insurance Fund.
            (2) Guidelines required.--Not later than 30 days after the 
        date of enactment of this Act, the Board of Directors shall 
        prescribe guidelines setting forth the criteria that the Board 
        of Directors will use in exempting institutions under paragraph 
        (1). Such guidelines shall be published in the Federal 
        Register.
            (3) Exemption for certain newly chartered and other defined 
        institutions.--
                    (A) In general.--In addition to the institutions 
                exempted from paying the special assessment under 
                paragraph (1), the Board of Directors shall exempt any 
                insured depository institution from payment of the 
                special assessment if the institution--
                            (i) was in existence on October 1, 1995, 
                        and held no SAIF-assessable deposits before 
                        January 1, 1993;
                            (ii) is a Federal savings bank which--
                                    (I) was established de novo in 
                                April 1994 in order to acquire the 
                                deposits of a savings association which 
                                was in default or in danger of default; 
                                and
                                    (II) received minority interim 
                                capital assistance from the Resolution 
                                Trust Corporation under section 21A(w) 
                                of the Federal Home Loan Bank Act in 
                                connection with the acquisition of any 
                                such savings association; or
                            (iii) is a savings association, the 
                        deposits of which are insured by the Savings 
                        Association Insurance Fund, which--
                                    (I) before January 1, 1987, was 
                                chartered as a Federal savings bank 
                                insured by the Federal Savings and Loan 
                                Insurance Corporation for the purpose 
                                of acquiring all or substantially all 
                                of the assets and assuming all or 
                                substantially all of the deposit 
                                liabilities of a national bank in a 
                                transaction consummated after July 1, 
                                1986; and
                                    (II) as of the date of that 
                                transaction, had assets of less than 
                                $150,000,000.
                    (B) Definition.--For purposes of this paragraph, an 
                institution shall be deemed to have held SAIF-
                assessable deposits before January 1, 1993, if--
                            (i) it directly held SAIF-assessable 
                        deposits before that date; or
                            (ii) it succeeded to, acquired, purchased, 
                        or otherwise holds any SAIF-assessable deposits 
                        as of the date of enactment of this Act that 
                        were SAIF-assessable deposits before January 1, 
                        1993.
            (4) Exempt institutions required to pay assessments at 
        former rates.--
                    (A) Payments to saif and dif.--Any insured 
                depository institution that the Board of Directors 
                exempts under this subsection from paying the special 
                assessment imposed under this section shall pay 
                semiannual assessments--
                            (i) during calendar years 1996, 1997, and 
                        1998, into the Savings Association Insurance 
                        Fund, based on SAIF-assessable deposits of that 
                        institution, at assessment rates calculated 
                        under the schedule in effect for Savings 
                        Association Insurance Fund members on June 30, 
                        1995; and
                            (ii) during calendar year 1999--
                                    (I) into the Deposit Insurance 
                                Fund, based on SAIF-assessable deposits 
                                of that institution as of December 31, 
                                1998, at assessment rates calculated 
                                under the schedule in effect for 
                                Savings Association Insurance Fund 
                                members on June 30, 1995; or
                                    (II) in accordance with clause (i), 
                                if the Bank Insurance Fund and the 
                                Savings Association Insurance Fund are 
                                not merged into the Deposit Insurance 
                                Fund.
                    (B) Optional pro rata payment of special 
                assessment.--This paragraph shall not apply with 
                respect to any insured depository institution (or 
                successor insured depository institution) that has 
                paid, during any calendar year from 1997 through 1999, 
upon such terms as the Corporation may announce, an amount equal to the 
product of--
                            (i) 16.7 percent of the special assessment 
                        that the institution would have been required 
                        to pay under subsection (a), if the Board of 
                        Directors had not exempted the institution; and
                            (ii) the number of full semiannual periods 
                        remaining between the date of the payment and 
                        December 31, 1999.
    (g) Special Election for Certain Institutions Facing Hardship as a 
Result of the Special Assessment.--
            (1) Election authorized.--If--
                    (A) an insured depository institution, or any 
                depository institution holding company which, directly 
                or indirectly, controls such institution, is subject to 
                terms or covenants in any debt obligation or preferred 
                stock outstanding on September 13, 1995; and
                    (B) the payment of the special assessment under 
                subsection (a) would pose a significant risk of causing 
                such depository institution or holding company to 
                default or violate any such term or covenant,
        the depository institution may elect, with the approval of the 
        Corporation, to pay such special assessment in accordance with 
        paragraphs (2) and (3) in lieu of paying such assessment in the 
        manner required under subsection (a).
            (2) 1st assessment.--An insured depository institution 
        which makes an election under paragraph (1) shall pay an 
        assessment in an amount equal to 50 percent of the amount of 
        the special assessment that would otherwise apply under 
        subsection (a), by the date on which such special assessment is 
        payable under subsection (d).
            (3) 2d assessment.--An insured depository institution which 
        makes an election under paragraph (1) shall pay a 2d 
        assessment, by the date established by the Board of Directors 
        in accordance with paragraph (4), in an amount equal to the 
        product of 51 percent of the rate determined by the Board of 
        Directors under subsection (a) for determining the amount of 
        the special assessment and the SAIF-assessable deposits of the 
        institution on March 31, 1996, or such other date in calendar 
        year 1996 as the Board of Directors determines to be 
        appropriate.
            (4) Due date of 2d assessment.--The date established by the 
        Board of Directors for the payment of the assessment under 
        paragraph (3) by a depository institution shall be the earliest 
        practicable date which the Board of Directors determines to be 
        appropriate, which is at least 15 days after the date used by 
        the Board of Directors under paragraph (3).
            (5) Supplemental special assessment.--An insured depository 
        institution which makes an election under paragraph (1) shall 
        pay a supplemental special assessment, at the same time the 
        payment under paragraph (3) is made, in an amount equal to the 
        product of--
                    (A) 50 percent of the rate determined by the Board 
                of Directors under subsection (a) for determining the 
                amount of the special assessment; and
                    (B) 95 percent of the amount by which the SAIF-
                assessable deposits used by the Board of Directors for 
                determining the amount of the 1st assessment under 
                paragraph (2) exceeds, if any, the SAIF-assessable 
                deposits used by the Board for determining the amount 
                of the 2d assessment under paragraph (3).
    (h) Adjustment of Special Assessment for Certain Bank Insurance 
Fund Member Banks.--
            (1) In general.--For purposes of computing the special 
        assessment imposed under this section with respect to a Bank 
        Insurance Fund member bank, the amount of any deposits of any 
        insured depository institution which section 5(d)(3) of the 
        Federal Deposit Insurance Act treats as insured by the Savings 
        Association Insurance Fund shall be reduced by 20 percent--
                    (A) if the adjusted attributable deposit amount of 
                the Bank Insurance Fund member bank is less than 50 
                percent of the total domestic deposits of that member 
                bank as of June 30, 1995; or
                    (B) if, as of June 30, 1995, the Bank Insurance 
                Fund member--
                            (i) had an adjusted attributable deposit 
                        amount equal to less than 75 percent of the 
                        total assessable deposits of that member bank;
                            (ii) had total assessable deposits greater 
                        than $5,000,000,000; and
                            (iii) was owned or controlled by a bank 
                        holding company that owned or controlled 
                        insured depository institutions having an 
                        aggregate amount of deposits insured or treated 
                        as insured by the Bank Insurance Fund greater 
                        than the aggregate amount of deposits insured 
                        or treated as insured by the Savings 
                        Association Insurance Fund.
            (2) Adjusted attributable deposit amount.--For purposes of 
        this subsection, the ``adjusted attributable deposit amount'' 
        shall be determined in accordance with section 5(d)(3)(C) of 
        the Federal Deposit Insurance Act.
    (i) Adjustment to the Adjusted Attributable Deposit Amount for 
Certain Bank Insurance Fund Member Banks.--Section 5(d)(3) of the 
Federal Deposit Insurance Act (12 U.S.C. 1815(d)(3)) is amended--
            (1) in subparagraph (C), by striking ``The adjusted 
        attributable deposit amount'' and inserting ``Except as 
        provided in subparagraph (K), the adjusted attributable deposit 
        amount''; and
            (2) by adding at the end the following new subparagraph:
                    ``(K) Adjustment of adjusted attributable deposit 
                amount.--The amount determined under subparagraph 
                (C)(i) for deposits acquired by March 31, 1995, shall 
                be reduced by 20 percent for purposes of computing the 
                adjusted attributable deposit amount for the payment of 
                any assessment for any semiannual period that begins 
                after the date of the enactment of the Deposit 
                Insurance Funds Act of 1996 (other than the special 
                assessment imposed under section 702(a) of such Act), 
                for a Bank Insurance Fund member bank that, as of June 
                30, 1995--
                            ``(i) had an adjusted attributable deposit 
                        amount that was less than 50 percent of the 
                        total deposits of that member bank; or
                            ``(ii)(I) had an adjusted attributable 
                        deposit amount equal to less than 75 percent of 
                        the total assessable deposits of that member 
                        bank;
                            ``(II) had total assessable deposits 
                        greater than $5,000,000,000; and
                            ``(III) was owned or controlled by a bank 
                        holding company that owned or controlled 
                        insured depository institutions having an 
                        aggregate amount of deposits insured or treated 
                        as insured by the Bank Insurance Fund greater 
than the aggregate amount of deposits insured or treated as insured by 
the Savings Association Insurance Fund.''.
    (j) Adjustment of Special Assessment for Certain Savings 
Associations.--
            (1) Special assessment reduction.--For purposes of 
        computing the special assessment imposed under this section, in 
        the case of any converted association, the amount of any 
        deposits of such association which were insured by the Savings 
        Association Insurance Fund as of March 31, 1995, shall be 
        reduced by 20 percent.
            (2) Converted association.--For purposes of this 
        subsection, the term ``converted association'' means--
                    (A) any Federal savings association--
                            (i) that is a member of the Savings 
                        Association Insurance Fund and that has 
                        deposits subject to assessment by that fund 
                        which did not exceed $4,000,000,000, as of 
                        March 31, 1995; and
                            (ii) that had been, or is a successor by 
                        merger, acquisition, or otherwise to an 
                        institution that had been, a State savings 
                        bank, the deposits of which were insured by the 
                        Federal Deposit Insurance Corporation before 
                        August 9, 1989, that converted to a Federal 
                        savings association pursuant to section 5(i) of 
                        the Home Owners' Loan Act before January 1, 
                        1985;
                    (B) a State depository institution that is a member 
                of the Savings Association Insurance Fund that had been 
                a State savings bank before October 15, 1982, and was a 
                Federal savings association on August 9, 1989;
                    (C) an insured bank that--
                            (i) was established de novo in order to 
                        acquire the deposits of a savings association 
                        in default or in danger of default;
                            (ii) did not open for business before 
                        acquiring the deposits of such savings 
                        association; and
                            (iii) was a Savings Association Insurance 
                        Fund member before the date of enactment of 
                        this Act; and
                    (D) an insured bank that--
                            (i) resulted from a savings association 
                        before December 19, 1991, in accordance with 
                        section 5(d)(2)(G) of the Federal Deposit 
                        Insurance Act; and
                            (ii) had an increase in its capital in 
                        conjunction with the conversion in an amount 
                        equal to more than 75 percent of the capital of 
                        the institution on the day before the date of 
                        the conversion.

SEC. 703. FINANCING CORPORATION FUNDING.

    (a) In General.--Section 21 of the Federal Home Loan Bank Act (12 
U.S.C. 1441) is amended--
            (1) in subsection (f)(2)--
                    (A) in the matter immediately preceding 
                subparagraph (A)--
                            (i) by striking ``To the extent the amounts 
                        available pursuant to paragraph (1) are 
                        insufficient to cover the amount of interest 
                        payments, issuance costs, and custodial fees,'' 
                        and inserting ``In addition to the amounts 
                        obtained pursuant to paragraph (1),'';
                            (ii) by striking ``Savings Association 
                        Insurance Fund member'' and inserting ``insured 
                        depository institution''; and
                            (iii) by striking ``members'' and inserting 
                        ``institutions''; and
                    (B) by striking ``, except that--'' and all that 
                follows through the end of the paragraph and inserting 
                ``, except that--
                    ``(A) the assessments imposed on insured depository 
                institutions with respect to any BIF-assessable deposit 
                shall be assessed at a rate equal to \1/5\ of the rate 
                of the assessments imposed on insured depository 
                institutions with respect to any SAIF-assessable 
                deposit; and
                    ``(B) no limitation under clause (i) or (iii) of 
                section 7(b)(2)(A) of the Federal Deposit Insurance Act 
                shall apply for purposes of this paragraph.''; and
            (2) in subsection (k)--
                    (A) by striking ``section--'' and inserting 
                ``section, the following definitions shall apply:'';
                    (B) by striking paragraph (1);
                    (C) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(3) Insured depository institution.--The term `insured 
        depository institution' has the same meaning as in section 3 of 
        the Federal Deposit Insurance Act
            ``(4) Deposit terms.--
                    ``(A) BIF-assessable deposits.--The term `BIF-
                assessable deposit' means a deposit that is subject to 
                assessment for purposes of the Bank Insurance Fund 
                under the Federal Deposit Insurance Act (including a 
                deposit that is treated as a deposit insured by the 
                Bank Insurance Fund under section 5(d)(3) of the 
                Federal Deposit Insurance Act).
                    ``(B) SAIF-assessable deposit.--The term `SAIF-
                assessable deposit' has the meaning given to such term 
                in section 710 of the Deposit Insurance Funds Act of 
                1996.''.
    (b) Conforming Amendment.--Section 7(b)(2) of the Federal Deposit 
Insurance Act (12 U.S.C. 1817(b)(2)) is amended by striking 
subparagraph (D).
    (c) Effective Date.--
            (1) In general.--Subsections (a) and (b) and the amendments 
        made by such subsections shall apply with respect to semiannual 
        periods which begin after December 31, 1996.
            (2) Termination of certain assessment rates.--Subparagraph 
        (A) of section 21(f)(2) of the Federal Home Loan Bank Act (as 
        amended by subsection (a)) shall not apply after the earlier 
        of--
                    (A) December 31, 1999; or
                    (B) the date as of which the last savings 
                association ceases to exist.
    (d) Prohibition on Deposit Shifting.--
            (1) In general.--Effective as of the date of the enactment 
        of this Act and ending on the date provided in subsection 
        (c)(2) of this section, the Comptroller of the Currency, the 
        Board of Directors, the Board of Governors of the Federal 
        Reserve System, and the Director of the Office of Thrift 
        Supervision shall take appropriate actions, including 
        enforcement actions, denial of applications, or imposition of 
        entrance and exit fees as if such transactions qualified as 
        conversion transactions pursuant to section 5(d) of the Federal 
        Deposit Insurance Act, to prevent insured depository 
        institutions and depository institution holding companies from 
        facilitating or encouraging the shifting of deposits from SAIF-
        assessable deposits to BIF-assessable deposits (as defined in 
        section 21(k) of the Federal Home Loan Bank Act) for the 
        purpose of evading the assessments imposed on insured 
        depository institutions with respect to SAIF-assessable 
        deposits under section 7(b) of the Federal Deposit Insurance 
        Act and section 21(f)(2) of the Federal Home Loan Bank Act.
            (2) Regulations.--The Board of Directors may issue 
        regulations, including regulations defining terms used in 
        paragraph (1), to prevent the shifting of deposits described in 
        such paragraph.
            (3) Rule of construction.--No provision of this subsection 
        shall be construed as prohibiting conduct or activity of any 
        insured depository institution which--
                    (A) is undertaken in the ordinary course of 
                business of such depository institution; and
                    (B) is not directed towards the depositors of an 
                insured depository institution affiliate (as defined in 
                section 2(k) of the Bank Holding Company Act of 1956) 
                of such depository institution.

SEC. 704. MERGER OF BIF AND SAIF.

    (a) In General.--
            (1) Merger.--The Bank Insurance Fund and the Savings 
        Association Insurance Fund shall be merged into the Deposit 
        Insurance Fund established by section 11(a)(4) of the Federal 
        Deposit Insurance Act, as amended by this section.
            (2) Disposition of assets and liabilities.--All assets and 
        liabilities of the Bank Insurance Fund and the Savings 
        Association Insurance Fund shall be transferred to the Deposit 
        Insurance Fund.
            (3) No separate existence.--The separate existence of the 
        Bank Insurance Fund and the Savings Association Insurance Fund 
        shall cease.
    (b) Special Reserve of the Deposit Insurance Fund.--
            (1) In general.--Immediately before the merger of the Bank 
        Insurance Fund and the Savings Association Insurance Fund, if 
        the reserve ratio of the Savings Association Insurance Fund 
        exceeds the designated reserve ratio, the amount by which that 
        reserve ratio exceeds the designated reserve ratio shall be 
        placed in the Special Reserve of the Deposit Insurance Fund, 
        established under section 11(a)(5) of the Federal Deposit 
        Insurance Act, as amended by this section.
            (2) Definition.--For purposes of this subsection, the term 
        ``reserve ratio'' means the ratio of the net worth of the 
        Savings Association Insurance Fund to the aggregate estimated 
        amount of deposits insured by the Savings Association Insurance 
        Fund.
    (c) Effective Date.--This section and the amendments made by this 
section shall become effective on January 1, 1999, if no insured 
depository institution is a savings association on that date.
    (d) Technical and Conforming Amendments.--
            (1) Deposit insurance fund.--Section 11(a)(4) of the 
        Federal Deposit Insurance Act (12 U.S.C. 1821(a)(4)) is 
        amended--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) Establishment.--There is established the 
                Deposit Insurance Fund, which the Corporation shall--
                            ``(i) maintain and administer;
                            ``(ii) use to carry out its insurance 
                        purposes in the manner provided by this 
                        subsection; and
                            ``(iii) invest in accordance with section 
                        13(a).
                    ``(B) Uses.--The Deposit Insurance Fund shall be 
                available to the Corporation for use with respect to 
                Deposit Insurance Fund members.''; and
                    (C) by striking ``(4) General provisions relating 
                to funds.--'' and inserting the following:
            ``(4) Establishment of the deposit insurance fund.--''.
            (2) Other references.--Section 11(a)(4)(C) of the Federal 
        Deposit Insurance Act (12 U.S.C. 1821(a)(4)(C), as redesignated 
        by paragraph (1) of this subsection) is amended by striking 
        ``Bank Insurance Fund and the Savings Association Insurance 
        Fund'' and inserting ``Deposit Insurance Fund''.
            (3) Deposits into fund.--Section 11(a)(4) of the Federal 
        Deposit Insurance Act (12 U.S.C. 1821(a)(4)) is amended by 
        adding at the end the following new subparagraph:
                    ``(D) Deposits.--All amounts assessed against 
                insured depository institutions by the Corporation 
                shall be deposited in the Deposit Insurance Fund.''.
            (4) Special reserve of deposits.--Section 11(a)(5) of the 
        Federal Deposit Insurance Act (12 U.S.C. 1821(a)(5)) is amended 
        to read as follows:
            ``(5) Special reserve of deposit insurance fund.--
                    ``(A) Establishment.--
                            ``(i) In general.--There is established a 
                        Special Reserve of the Deposit Insurance Fund, 
                        which shall be administered by the Corporation 
                        and shall be invested in accordance with 
                        section 13(a).
                            ``(ii) Limitation.--The Corporation shall 
                        not provide any assessment credit, refund, or 
                        other payment from any amount in the Special 
                        Reserve.
                    ``(B) Emergency use of special reserve.--
                Notwithstanding subparagraph (A)(ii), the Corporation 
                may, in its sole discretion, transfer amounts from the 
                Special Reserve to the Deposit Insurance Fund, for the 
                purposes set forth in paragraph (4), only if--
                            ``(i) the reserve ratio of the Deposit 
                        Insurance Fund is less than 50 percent of the 
                        designated reserve ratio; and
                            ``(ii) the Corporation expects the reserve 
                        ratio of the Deposit Insurance Fund to remain 
                        at less than 50 percent of the designated 
                        reserve ratio for each of the next 4 calendar 
                        quarters.
                    ``(C) Exclusion of special reserve in calculating 
                reserve ratio.--Notwithstanding any other provision of 
                law, any amounts in the Special Reserve shall be 
                excluded in calculating the reserve ratio of the 
                Deposit Insurance Fund under section 7.''.
            (5) Federal home loan bank act.--Section 21B(f)(2)(C)(ii) 
        of the Federal Home Loan Bank Act (12 U.S.C. 
        1441b(f)(2)(C)(ii)) is amended--
                    (A) in subclause (I), by striking ``to Savings 
                Associations Insurance Fund members'' and inserting 
                ``to insured depository institutions, and their 
                successors, which were Savings Association Insurance 
                Fund members on September 1, 1995''; and
                    (B) in subclause (II), by striking ``to Savings 
                Associations Insurance Fund members'' and inserting 
                ``to insured depository institutions, and their 
                successors, which were Savings Association Insurance 
                Fund members on September 1, 1995''.
            (6) Repeals.--
                    (A) Section 3.--Section 3(y) of the Federal Deposit 
                Insurance Act (12 U.S.C. 1813(y)) is amended to read as 
                follows:
    ``(y) Definitions Relating to the Deposit Insurance Fund.--
            ``(1) Deposit insurance fund.--The term `Deposit Insurance 
        Fund' means the fund established under section 11(a)(4).
            ``(2) Reserve ratio.--The term `reserve ratio' means the 
        ratio of the net worth of the Deposit Insurance Fund to 
        aggregate estimated insured deposits held in all insured 
        depository institutions.
            ``(3) Designated reserve ratio.--The designated reserve 
        ratio of the Deposit Insurance Fund for each year shall be--
                    ``(A) 1.25 percent of estimated insured deposits; 
                or
                    ``(B) a higher percentage of estimated insured 
                deposits that the Board of Directors determines to be 
                justified for that year by circumstances raising a 
                significant risk of substantial future losses to the 
                fund.''.
                    (B) Section 7.--Section 7 of the Federal Deposit 
                Insurance Act (12 U.S.C. 1817) is amended--
                            (i) by striking subsection (l);
                            (ii) by redesignating subsections (m) and 
                        (n) as subsections (l) and (m), respectively;
                            (iii) in subsection (b)(2), by striking 
                        subparagraphs (B) and (F), and by redesignating 
                        subparagraphs (C), (E), (G), and (H) as 
                        subparagraphs (B) through (E), respectively.
                    (C) Section 11.--Section 11(a) of the Federal 
                Deposit Insurance Act (12 U.S.C. 1821(a)) is amended--
                            (i) by striking paragraphs (6) and (7); and
                            (ii) by redesignating paragraph (8) as 
                        paragraph (6).
            (7) Section 5136 of the revised statutes.--The paragraph 
        designated the ``Eleventh'' of section 5136 of the Revised 
        Statutes (12 U.S.C. 24) is amended in the 5th sentence, by 
        striking ``affected deposit insurance fund'' and inserting 
        ``Deposit Insurance Fund''.
            (8) Investments promoting public welfare; limitations on 
        aggregate investments.--The 23d undesignated paragraph of 
        section 9 of the Federal Reserve Act (12 U.S.C. 338a) is 
        amended in the 4th sentence, by striking ``affected deposit 
        insurance fund'' and inserting ``Deposit Insurance Fund''.
            (9) Advances to critically undercapitalized depository 
        institutions.--Section 10B(b)(3)(A)(ii) of the Federal Reserve 
        Act (12 U.S.C. 347b(b)(3)(A)(ii)) is amended by striking ``any 
        deposit insurance fund in'' and inserting ``the Deposit 
        Insurance Fund of''.
            (10) Amendments to the balanced budget and emergency 
        deficit control act of 1985.--Section 255(g)(1)(A) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 905(g)(1)(A)) is amended--
                    (A) by striking ``Bank Insurance Fund'' and 
                inserting ``Deposit Insurance Fund''; and
                    (B) by striking ``Federal Deposit Insurance 
                Corporation, Savings Association Insurance Fund;''.
            (11) Further amendments to the federal home loan bank 
        act.--The Federal Home Loan Bank Act (12 U.S.C. 1421 et seq.) 
        is amended--
                    (A) in section 11(k) (12 U.S.C. 1431(k))--
                            (i) in the subsection heading, by striking 
                        ``SAIF'' and inserting ``the Deposit Insurance 
                        Fund''; and
                            (ii) by striking ``Savings Association 
                        Insurance Fund'' each place such term appears 
                        and inserting ``Deposit Insurance Fund'';
                    (B) in section 21A(b)(4)(B) (12 U.S.C. 
                1441a(b)(4)(B)), by striking ``affected deposit 
                insurance fund'' and inserting ``Deposit Insurance 
                Fund'';
                    (C) in section 21A(b)(6)(B) (12 U.S.C. 
                1441a(b)(6)(B))--
                            (i) in the subparagraph heading, by 
                        striking ``SAIF-insured banks'' and inserting 
                        ``Charter conversions''; and
                            (ii) by striking ``Savings Association 
                        Insurance Fund member'' and inserting ``savings 
                        association'';
                    (D) in section 21A(b)(10)(A)(iv)(II) (12 U.S.C. 
                1441a(b)(10)(A)(iv)(II)), by striking ``Savings 
                Association Insurance Fund'' and inserting ``Deposit 
                Insurance Fund'';
                    (E) in section 21B(e) (12 U.S.C. 1441b(e))--
                            (i) in paragraph (5), by inserting ``as of 
                        the date of funding'' after ``Savings 
                        Association Insurance Fund members'' each place 
                        such term appears;
                            (ii) by striking paragraph (7); and
                            (iii) by redesignating paragraph (8) as 
                        paragraph (7); and
                    (F) in section 21B(k) (12 U.S.C. 1441b(k))--
                            (i) by striking paragraph (8); and
                            (ii) by redesignating paragraphs (9) and 
                        (10) as paragraphs (8) and (9), respectively.
            (12) Amendments to the home owners' loan act.--The Home 
        Owners' Loan Act (12 U.S.C. 1461 et seq.) is amended--
                    (A) in section 5 (12 U.S.C. 1464)--
                            (i) in subsection (c)(5)(A), by striking 
                        ``that is a member of the Bank Insurance 
                        Fund'';
                            (ii) in subsection (c)(6), by striking ``As 
                        used in this subsection--'' and inserting ``For 
                        purposes of this subsection, the following 
                        definitions shall apply:'';
                            (iii) in subsection (o)(1), by striking 
                        ``that is a Bank Insurance Fund member'';
                            (iv) in subsection (o)(2)(A), by striking 
                        ``a Bank Insurance Fund member until such time 
                        as it changes its status to a Savings 
                        Association Insurance Fund member'' and 
                        inserting ``insured by the Deposit Insurance 
                        Fund'';
                            (v) in subsection (t)(5)(D)(iii)(II), by 
                        striking ``affected deposit insurance fund'' 
                        and inserting ``Deposit Insurance Fund'';
                            (vi) in subsection (t)(7)(C)(i)(I), by 
                        striking ``affected deposit insurance fund'' 
                        and inserting ``Deposit Insurance Fund''; and
                            (vii) in subsection (v)(2)(A)(i), by 
                        striking ``, the Savings Association Insurance 
                        Fund'' and inserting ``or the Deposit Insurance 
                        Fund''; and
                    (B) in section 10 (12 U.S.C. 1467a)--
                            (i) in subsection (e)(1)(A)(iii)(VII), by 
                        adding ``or'' at the end;
                            (ii) in subsection (e)(1)(A)(iv), by adding 
                        ``and'' at the end;
                            (iii) in subsection (e)(1)(B), by striking 
                        ``Savings Association Insurance Fund or Bank 
                        Insurance Fund'' and inserting ``Deposit 
                        Insurance Fund'';
                            (iv) in subsection (e)(2), by striking 
                        ``Savings Association Insurance Fund or the 
                        Bank Insurance Fund'' and inserting ``Deposit 
                        Insurance Fund''; and
                            (v) in subsection (m)(3), by striking 
                        subparagraph (E), and by redesignating 
                        subparagraphs (F), (G), and (H) as 
                        subparagraphs (E), (F), and (G), respectively.
            (13) Amendments to the national housing act.--The National 
        Housing Act (12 U.S.C. 1701 et seq.) is amended--
                    (A) in section 317(b)(1)(B) (12 U.S.C. 
                1723i(b)(1)(B)), by striking ``Bank Insurance Fund for 
                banks or through the Savings Association Insurance Fund 
                for savings associations'' and inserting ``Deposit 
                Insurance Fund''; and
                    (B) in section 526(b)(1)(B)(ii) (12 U.S.C. 1735f-
                14(b)(1)(B)(ii)), by striking ``Bank Insurance Fund for 
                banks and through the Savings Association Insurance 
                Fund for savings associations'' and inserting ``Deposit 
                Insurance Fund''.
            (14) Further amendments to the federal deposit insurance 
        act.--The Federal Deposit Insurance Act (12 U.S.C. 1811 et 
        seq.) is amended--
                    (A) in section 3(a)(1) (12 U.S.C. 1813(a)(1)), by 
                striking subparagraph (B) and inserting the following:
                    ``(B) includes any former savings association.'';
                    (B) in section 5(b)(5) (12 U.S.C. 1815(b)(5)), by 
                striking ``the Bank Insurance Fund or the Savings 
                Association Insurance Fund;'' and inserting ``Deposit 
                Insurance Fund,'';
                    (C) in section 5(d) (12 U.S.C. 1815(d)), by 
                striking paragraphs (2) and (3);
                    (D) in section 5(d)(1) (12 U.S.C. 1815(d)(1))--
                            (i) in subparagraph (A), by striking 
                        ``reserve ratios in the Bank Insurance Fund and 
                        the Savings Association Insurance Fund'' and 
                        inserting ``the reserve ratio of the Deposit 
                        Insurance Fund'';
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
            ``(2) Fee credited to the deposit insurance fund.--The fee 
        paid by the depository institution under paragraph (1) shall be 
        credited to the Deposit Insurance Fund.'';
                            (iii) by striking ``(1) Uninsured 
                        institutions.--''; and
                            (iv) by redesignating subparagraphs (A) and 
                        (C) as paragraphs (1) and (3), respectively, 
                        and moving the margins 2 ems to the left;
                    (E) in section 5(e) (12 U.S.C. 1815(e))--
                            (i) in paragraph (5)(A), by striking ``Bank 
                        Insurance Fund or the Savings Association 
                        Insurance Fund'' and inserting ``Deposit 
                        Insurance Fund'';
                            (ii) by striking paragraph (6); and
                            (iii) by redesignating paragraphs (7), (8), 
                        and (9) as paragraphs (6), (7), and (8), 
                        respectively;
                    (F) in section 6(5) (12 U.S.C. 1816(5)), by 
                striking ``Bank Insurance Fund or the Savings 
                Association Insurance Fund'' and inserting ``Deposit 
                Insurance Fund'';
                    (G) in section 7(b) (12 U.S.C. 1817(b))--
                            (i) in paragraph (1)(D), by striking ``each 
                        deposit insurance fund'' and inserting ``the 
                        Deposit Insurance Fund'';
                            (ii) in clauses (i)(I) and (iv) of 
                        paragraph (2)(A), by striking ``each deposit 
                        insurance fund'' each place such term appears 
                        and inserting ``the Deposit Insurance Fund'';
                            (iii) in paragraph (2)(A)(iii), by striking 
                        ``a deposit insurance fund'' and inserting 
                        ``the Deposit Insurance Fund'';
                            (iv) by striking clause (iv) of paragraph 
                        (2)(A);
                            (v) in paragraph (2)(C) (as redesignated by 
                        paragraph (6)(B) of this subsection)--
                                    (I) by striking ``any deposit 
                                insurance fund'' and inserting ``the 
                                Deposit Insurance Fund''; and
                                    (II) by striking ``that fund'' each 
                                place such term appears and inserting 
                                ``the Deposit Insurance Fund'';
                            (vi) in paragraph (2)(D) (as redesignated 
                        by paragraph (6)(B) of this subsection)--
                                    (I) in the subparagraph heading, by 
                                striking ``funds achieve'' and 
                                inserting ``fund achieves''; and
                                    (II) by striking ``a deposit 
                                insurance fund'' and inserting ``the 
                                Deposit Insurance Fund'';
                            (vii) in paragraph (3)--
                                    (I) in the paragraph heading, by 
                                striking ``funds'' and inserting 
                                ``fund'';
                                    (II) by striking ``members of that 
                                fund'' where such term appears in the 
                                portion of subparagraph (A) which 
                                precedes clause (i) of such 
                                subparagraph and inserting ``insured 
                                depository institutions'';
                                    (III) by striking ``that fund'' 
                                each place such term appears and 
                                inserting ``the Deposit Insurance 
                                Fund'';
                                    (IV) in subparagraph (A), by 
                                striking ``Except as provided in 
                                paragraph (2)(F), if'' and inserting 
                                ``If'';
                                    (V) in subparagraph (A), by 
                                striking ``any deposit insurance fund'' 
                                and inserting ``the Deposit Insurance 
                                Fund''; and
                                    (VI) by striking subparagraphs (C) 
                                and (D) and inserting the following:
                    ``(C) Amending schedule.--The Corporation may, by 
                regulation, amend a schedule promulgated under 
                subparagraph (B).''; and
                            (viii) in paragraph (6)--
                                    (I) by striking ``any such 
                                assessment'' and inserting ``any such 
                                assessment is necessary'';
                                    (II) by striking ``(A) is 
                                necessary--'';
                                    (III) by striking subparagraph (B);
                                    (IV) by redesignating clauses (i), 
                                (ii), and (iii) as subparagraphs (A), 
                                (B), and (C), respectively, and moving 
                                the margins 2 ems to the left; and
                                    (V) in subparagraph (C) (as 
                                redesignated), by striking ``; and'' 
                                and inserting a period;
                    (H) in section 11(f)(1) (12 U.S.C. 1821(f)(1)), by 
                striking ``, except that--'' and all that follows 
                through the end of the paragraph and inserting a 
                period;
                    (I) in section 11(i)(3) (12 U.S.C. 1821(i)(3))--
                            (i) by striking subparagraph (B);
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (B); and
                            (iii) in subparagraph (B) (as 
                        redesignated), by striking ``subparagraphs (A) 
                        and (B)'' and inserting ``subparagraph (A)'';
                    (J) in section 11A(a) (12 U.S.C. 1821a(a))--
                            (i) in paragraph (2), by striking 
                        ``liabilities.--'' and all that follows through 
                        ``Except'' and inserting ``liabilities.--
                        Except'';
                            (ii) by striking paragraph (2)(B); and
                            (iii) in paragraph (3), by striking ``the 
                        Bank Insurance Fund, the Savings Association 
                        Insurance Fund,'' and inserting ``the Deposit 
                        Insurance Fund'';
                    (K) in section 11A(b) (12 U.S.C. 1821a(b)), by 
                striking paragraph (4);
                    (L) in section 11A(f) (12 U.S.C. 1821a(f)), by 
                striking ``Savings Association Insurance Fund'' and 
                inserting ``Deposit Insurance Fund'';
                    (M) in section 13 (12 U.S.C. 1823)--
                            (i) in subsection (a)(1), by striking 
                        ``Bank Insurance Fund, the Savings Association 
                        Insurance Fund,'' and inserting ``Deposit 
                        Insurance Fund, the Special Reserve of the 
                        Deposit Insurance Fund,'';
                            (ii) in subsection (c)(4)(E)--
                                    (I) in the subparagraph heading, by 
                                striking ``funds'' and inserting 
                                ``fund''; and
                                    (II) in clause (i), by striking 
                                ``any insurance fund'' and inserting 
                                ``the Deposit Insurance Fund'';
                            (iii) in subsection (c)(4)(G)(ii)--
                                    (I) by striking ``appropriate 
                                insurance fund'' and inserting 
                                ``Deposit Insurance Fund'';
                                    (II) by striking ``the members of 
                                the insurance fund (of which such 
                                institution is a member)'' and 
                                inserting ``insured depository 
                                institutions'';
                                    (III) by striking ``each member's'' 
                                and inserting ``each insured depository 
                                institution's''; and
                                    (IV) by striking ``the member's'' 
                                each place such term appears and 
                                inserting ``the institution's'';
                            (iv) in subsection (c), by striking 
                        paragraph (11);
                            (v) in subsection (h), by striking ``Bank 
                        Insurance Fund'' and inserting ``Deposit 
                        Insurance Fund'';
                            (vi) in subsection (k)(4)(B)(i), by 
                        striking ``Savings Association Insurance Fund'' 
                        and inserting ``Deposit Insurance Fund''; and
                            (vii) in subsection (k)(5)(A), by striking 
                        ``Savings Association Insurance Fund'' and 
                        inserting ``Deposit Insurance Fund'';
                    (N) in section 14(a) (12 U.S.C. 1824(a)) in the 5th 
                sentence--
                            (i) by striking ``Bank Insurance Fund or 
                        the Savings Association Insurance Fund'' and 
                        inserting ``Deposit Insurance Fund''; and
                            (ii) by striking ``each such fund'' and 
                        inserting ``the Deposit Insurance Fund'';
                    (O) in section 14(b) (12 U.S.C. 1824(b)), by 
                striking ``Bank Insurance Fund or Savings Association 
                Insurance Fund'' and inserting ``Deposit Insurance 
                Fund'';
                    (P) in section 14(c) (12 U.S.C. 1824(c)), by 
                striking paragraph (3);
                    (Q) in section 14(d) (12 U.S.C. 1824(d))--
                            (i) by striking ``BIF'' each place such 
                        term appears and inserting ``DIF''; and
                            (ii) by striking ``Bank Insurance Fund'' 
                        each place such term appears and inserting 
                        ``Deposit Insurance Fund'';
                    (R) in section 15(c)(5) (12 U.S.C. 1825(c)(5))--
                            (i) by striking ``the Bank Insurance Fund 
                        or Savings Association Insurance Fund, 
                        respectively'' each place such term appears and 
                        inserting ``the Deposit Insurance Fund''; and
                            (ii) in subparagraph (B), by striking ``the 
                        Bank Insurance Fund or the Savings Association 
                        Insurance Fund, respectively'' and inserting 
                        ``the Deposit Insurance Fund'';
                    (S) in section 17(a) (12 U.S.C. 1827(a))--
                            (i) in the subsection heading, by striking 
                        ``BIF, SAIF,'' and inserting ``the Deposit 
                        Insurance Fund''; and
                            (ii) in paragraph (1), by striking ``the 
                        Bank Insurance Fund, the Savings Association 
                        Insurance Fund,'' each place such term appears 
                        and inserting ``the Deposit Insurance Fund'';
                    (T) in section 17(d) (12 U.S.C. 1827(d)), by 
                striking ``the Bank Insurance Fund, the Savings 
                Association Insurance Fund,'' each place such term 
                appears and inserting ``the Deposit Insurance Fund'';
                    (U) in section 18(m)(3) (12 U.S.C. 1828(m)(3))--
                            (i) by striking ``Savings Association 
                        Insurance Fund'' each place such term appears 
                        and inserting ``Deposit Insurance Fund''; and
                            (ii) in subparagraph (C), by striking ``or 
                        the Bank Insurance Fund'';
                    (V) in section 18(p) (12 U.S.C. 1828(p)), by 
                striking ``deposit insurance funds'' and inserting 
                ``Deposit Insurance Fund'';
                    (W) in section 24 (12 U.S.C. 1831a) in subsections 
                (a)(1) and (d)(1)(A), by striking ``appropriate deposit 
                insurance fund'' each place such term appears and 
                inserting ``Deposit Insurance Fund'';
                    (X) in section 28 (12 U.S.C. 1831e), by striking 
                ``affected deposit insurance fund'' each place such 
                term appears and inserting ``Deposit Insurance Fund'';
                    (Y) by striking section 31 (12 U.S.C. 1831h);
                    (Z) in section 36(i)(3) (12 U.S.C. 1831m(i)(3)) by 
                striking ``affected deposit insurance fund'' and 
                inserting ``Deposit Insurance Fund'';
                    (AA) in section 38(a) (12 U.S.C. 1831o(a)) in the 
                subsection heading, by striking ``Funds'' and inserting 
                ``Fund'';
                    (BB) in section 38(k) (12 U.S.C. 1831o(k))--
                            (i) in paragraph (1), by striking ``a 
                        deposit insurance fund'' and inserting ``the 
                        Deposit Insurance Fund''; and
                            (ii) in paragraph (2)(A)--
                                    (I) by striking ``A deposit 
                                insurance fund'' and inserting ``The 
                                Deposit Insurance Fund''; and
                                    (II) by striking ``the deposit 
                                insurance fund's outlays'' and 
                                inserting ``the outlays of the Deposit 
                                Insurance Fund''; and
                    (CC) in section 38(o) (12 U.S.C. 1831o(o))--
                            (i) by striking ``Associations.--'' and all 
                        that follows through ``Subsections (e)(2)'' and 
                        inserting ``Associations.--Subsections 
                        (e)(2)'';
                            (ii) by redesignating subparagraphs (A), 
                        (B), and (C) as paragraphs (1), (2), and (3), 
                        respectively, and moving the margins 2 ems to 
                        the left; and
                            (iii) in paragraph (1) (as redesignated), 
                        by redesignating clauses (i) and (ii) as 
                        subparagraphs (A) and (B), respectively, and 
                        moving the margins 2 ems to the left.
            (15) Amendments to the financial institutions reform, 
        recovery, and enforcement act of 1989.--The Financial 
        Institutions Reform, Recovery, and Enforcement Act (Public Law 
        101-73; 103 Stat. 183) is amended--
                    (A) in section 951(b)(3)(B) (12 U.S.C. 
                1833a(b)(3)(B)), by striking ``Bank Insurance Fund, the 
                Savings Association Insurance Fund,'' and inserting 
                ``Deposit Insurance Fund''; and
                    (B) in section 1112(c)(1)(B) (12 U.S.C. 
                3341(c)(1)(B)), by striking ``Bank Insurance Fund, the 
                Savings Association Insurance Fund,'' and inserting 
                ``Deposit Insurance Fund''.
            (16) Amendment to the bank enterprise act of 1991.--Section 
        232(a)(1) of the Bank Enterprise Act of 1991 (12 U.S.C. 
        1834(a)(1)) is amended by striking ``section 7(b)(2)(H)'' and 
        inserting ``section 7(b)(2)(G)''.
            (17) Amendment to the bank holding company act of 1956.--
        Section 2(j)(2) of the Bank Holding Company Act of 1956 (12 
        U.S.C. 1841(j)(2)) is amended by striking ``Savings Association 
        Insurance Fund'' and inserting ``Deposit Insurance Fund''.

SEC. 705. CREATION OF SAIF SPECIAL RESERVE.

    Section 11(a)(6) of the Federal Deposit Insurance Act (12 U.S.C. 
1821(a)(6)) is amended by adding at the end the following new 
subparagraph:
            ``(L) Establishment of saif special reserve.--
                    ``(i) Establishment.--If, on January 1, 1999, the 
                reserve ratio of the Savings Association Insurance Fund 
                exceeds the designated reserve ratio, there is 
                established a Special Reserve of the Savings 
                Association Insurance Fund, which shall be administered 
                by the Corporation and shall be invested in accordance 
                with section 13(a).
                    ``(ii) Amounts in special reserve.--If, on January 
                1, 1999, the reserve ratio of the Savings Association 
                Insurance Fund exceeds the designated reserve ratio, 
                the amount by which the reserve ratio exceeds the 
                designated reserve ratio shall be placed in the Special 
                Reserve of the Savings Association Insurance Fund 
                established by clause (i).
                    ``(iii) Limitation.--The Corporation shall not 
                provide any assessment credit, refund, or other payment 
                from any amount in the Special Reserve of the Savings 
                Association Insurance Fund.
                    ``(iv) Emergency use of special reserve.--
                Notwithstanding clause (iii), the Corporation may, in 
                its sole discretion, transfer amounts from the Special 
                Reserve of the Savings Association Insurance Fund to 
                the Savings Association Insurance Fund for the purposes 
                set forth in paragraph (4), only if--
                            ``(I) the reserve ratio of the Savings 
                        Association Insurance Fund is less than 50 
                        percent of the designated reserve ratio; and
                            ``(II) the Corporation expects the reserve 
                        ratio of the Savings Association Insurance Fund 
                        to remain at less than 50 percent of the 
                        designated reserve ratio for each of the next 4 
                        calendar quarters.
                    ``(v) Exclusion of special reserve in calculating 
                reserve ratio.--Notwithstanding any other provision of 
                law, any amounts in the Special Reserve of the Savings 
                Association Insurance Fund shall be excluded in 
                calculating the reserve ratio of the Savings 
                Association Insurance Fund.''.

SEC. 706. REFUND OF AMOUNTS IN DEPOSIT INSURANCE FUND IN EXCESS OF 
              DESIGNATED RESERVE AMOUNT.

    Subsection (e) of section 7 of the Federal Deposit Insurance Act 
(12 U.S.C. 1817(e)) is amended to read as follows:
    ``(e) Refunds.--
            ``(1) Overpayments.--In the case of any payment of an 
        assessment by an insured depository institution in excess of 
        the amount due to the Corporation, the Corporation may--
                    ``(A) refund the amount of the excess payment to 
                the insured depository institution; or
                    ``(B) credit such excess amount toward the payment 
                of subsequent semiannual assessments until such credit 
                is exhausted.
            ``(2) Balance in insurance fund in excess of designated 
        reserve.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), if, as of the end of any semiannual assessment 
                period beginning after the date of the enactment of the 
                Deposit Insurance Funds Act of 1996, the amount of the 
                actual reserves in--
                            ``(i) the Bank Insurance Fund (until the 
                        merger of such fund into the Deposit Insurance 
                        Fund pursuant to section 704 of the Deposit 
                        Insurance Funds Act of 1996); or
                            ``(ii) the Deposit Insurance Fund (after 
                        the establishment of such fund),
                exceeds the balance required to meet the designated 
                reserve ratio applicable with respect to such fund, 
                such excess amount shall be refunded to insured 
                depository institutions by the Corporation on such 
                basis as the Board of Directors determines to be 
                appropriate, taking into account the factors considered 
                under the risk-based assessment system.
                    ``(B) Refund not to exceed previous semiannual 
                assessment.--The amount of any refund under this 
                paragraph to any member of a deposit insurance fund for 
                any semiannual assessment period may not exceed the 
                total amount of assessments paid by such member to the 
                insurance fund with respect to such period.
                    ``(C) Refund limitation for certain institutions.--
                No refund may be made under this paragraph with respect 
                to the amount of any assessment paid for any semiannual 
                assessment period by any insured depository institution 
                described in clause (v) of subsection (b)(2)(A).''.

SEC. 707. ASSESSMENT RATES FOR SAIF MEMBERS MAY NOT BE LESS THAN 
              ASSESSMENT RATES FOR BIF MEMBERS.

    Section 7(b)(2)(C) of the Federal Deposit Insurance Act (12 U.S.C. 
1817(b)(2)(E), as redesignated by section 704(d)(6) of this division) 
is amended--
            (1) by striking ``and'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``; and''; and
            (3) by adding at the end the following new clause:
                            ``(iii) notwithstanding any other provision 
                        of this subsection, during the period beginning 
                        on the date of enactment of the Deposit 
                        Insurance Funds Act of 1996, and ending on 
                        December 31, 1998, the assessment rate for a 
                        Savings Association Insurance Fund member may 
                        not be less than the assessment rate for a Bank 
                        Insurance Fund member that poses a comparable 
                        risk to the deposit insurance fund.''.

SEC. 708. ASSESSMENTS AUTHORIZED ONLY IF NEEDED TO MAINTAIN THE RESERVE 
              RATIO OF A DEPOSIT INSURANCE FUND.

    (a) In General.--Section 7(b)(2)(A)(i) of the Federal Deposit 
Insurance Act (12 U.S.C. 1817(b)(2)(A)(i)) is amended in the matter 
preceding subclause (I) by inserting ``when necessary, and only to the 
extent necessary'' after ``insured depository institutions''.
    (b) Limitation on Assessment.--Section 7(b)(2)(A)(iii) of the 
Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)(A)(iii)) is amended 
to read as follows:
                            ``(iii) Limitation on assessment.--Except 
                        as provided in clause (v), the Board of 
                        Directors shall not set semiannual assessments 
                        with respect to a deposit insurance fund in 
                        excess of the amount needed--
                                    ``(I) to maintain the reserve ratio 
                                of the fund at the designated reserve 
                                ratio; or
                                    ``(II) if the reserve ratio is less 
                                than the designated reserve ratio, to 
                                increase the reserve ratio to the 
                                designated reserve ratio.''.
    (c) Exception to Limitation on Assessments.--Section 7(b)(2)(A) of 
the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)(A)) is amended 
by adding at the end the following new clause:
                            ``(v) Exception to limitation on 
                        assessments.--The Board of Directors may set 
                        semiannual assessments in excess of the amount 
                        permitted under clauses (i) and (iii) with 
                        respect to insured depository institutions that 
                        exhibit financial, operational, or compliance 
                        weaknesses ranging from moderately severe to 
                        unsatisfactory, or are not well capitalized, as 
                        that term is defined in section 38.''.

SEC. 709. TREASURY STUDY OF COMMON DEPOSITORY INSTITUTION CHARTER.

    (a) Study Required.--The Secretary of the Treasury shall conduct a 
study of all issues which the Secretary considers to be relevant with 
respect to the development of a common charter for all insured 
depository institutions and the abolition of separate and distinct 
charters between banks and savings associations.
    (b) Report to the Congress.--
            (1) In general.--The Secretary of the Treasury shall submit 
        a report to the Congress on or before March 31, 1997, 
        containing the findings and conclusions of the Secretary in 
        connection with the study conducted pursuant to subsection (a).
            (2) Detailed analysis and recommendations.--The report 
        under paragraph (1) shall include--
                    (A) a detailed analysis of each issue the Secretary 
                considered relevant to the subject of the study;
                    (B) recommendations of the Secretary with regard to 
                the establishment of a common charter for insured 
                depository institutions; and
                    (C) such recommendations for legislative and 
                administrative action as the Secretary determines to be 
                appropriate to implement the recommendations of the 
                Secretary under subparagraph (B).

SEC. 710. DEFINITIONS.

    For purposes of this title, the following definitions shall apply:
            (1) Bank insurance fund.--The term ``Bank Insurance Fund'' 
        means the fund established pursuant to section (11)(a)(5)(A) of 
        the Federal Deposit Insurance Act, as that section existed on 
        the day before the date of enactment of this Act.
            (2) BIF member, saif member.--The terms ``Bank Insurance 
        Fund member'' and ``Savings Association Insurance Fund member'' 
        have the same meanings as in section 7(l) of the Federal 
        Deposit Insurance Act.
            (3) Various banking terms.--The terms ``bank'', ``Board of 
        Directors'', ``Corporation'', ``deposit'', ``insured depository 
        institution'', ``Federal savings association'', ``savings 
        association'', ``State savings bank'', and ``State depository 
        institution'' have the same meanings as in section 3 of the 
        Federal Deposit Insurance Act.
            (4) Deposit insurance fund.--The term ``Deposit Insurance 
        Fund'' means the fund established under section 11(a)(4) of the 
        Federal Deposit Insurance Act (as amended by section 704(d) of 
        this title).
            (5) Depository institution holding company.--The term 
        ``depository institution holding company'' has the same meaning 
        as in section 3 of the Federal Deposit Insurance Act.
            (6) Designated reserve ratio.--The term ``designated 
        reserve ratio'' has the same meaning as in section 
        7(b)(2)(A)(iv) of the Federal Deposit Insurance Act.
            (7) SAIF.--The term ``Savings Association Insurance Fund'' 
        means the fund established pursuant to section 11(a)(6)(A) of 
        the Federal Deposit Insurance Act, as that section existed on 
        the day before the date of enactment of this Act.
            (8) SAIF-assessable deposit.--The term ``SAIF-assessable 
        deposit''--
                    (A) means a deposit that is subject to assessment 
                for purposes of the Savings Association Insurance Fund 
                under the Federal Deposit Insurance Act (including a 
                deposit that is treated as insured by the Savings 
                Association Insurance Fund under section 5(d)(3) of the 
                Federal Deposit Insurance Act); and
                    (B) includes any deposit described in subparagraph 
                (A) which is assumed after March 31, 1995, if the 
                insured depository institution, the deposits of which 
                are assumed, is not an insured depository institution 
                when the special assessment is imposed under section 
                702(a).
    This joint resolution may be cited as the ``Omnibus Consolidated 
Appropriations Act, 1997''.
```