Calendar No. 627

104TH CONGRESS

2D SESSION S. J. RES. 63

JOINT RESOLUTION

Making continuing appropriations for the fiscal

purposes.year ending September 30, 1997, and for other

SEPTEMBER 24 (legislative day, SEPTEMBER 20), 1996

Read the first time

SEPTEMBER 24, 1996

Read the second time and placed on the calendar
II

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.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That:

4 DIVISION 1

5 the following sums are appropriated, out of any money in

6 the Treasury not otherwise appropriated, and out of appli7 cable corporate or other revenues, receipts, and funds, for
2

SJ 63 PCS

1 the several departments, agencies, corporations, and other

2 organizational units of the Government for the fiscal year

3 1997, and for other purposes, namely:

4 TITLE I—OMNIBUS APPROPRIATIONS

5 SEC. 101. (a) Such amounts as may be necessary for

6 programs, projects or activities provided for in the Depart7 ments of Commerce, Justice, and State, the Judiciary, and

8 Related Agencies Appropriations Act, 1997, at a rate of

9 operations and to the extent and in the manner provided

10 as follows, to be effective as if it had been enacted into

11 law as the regular appropriations Act:

12 AN ACT

13 Making appropriations for the Departments of Com14 merce, Justice, and State, the Judiciary, and related agen15 cies for the fiscal year ending September 30, 1997, and

16 for other purposes.

17 TITLE I—DEPARTMENT OF JUSTICE

18 GENERAL ADMINISTRATION

19 SALARIES AND EXPENSES

20 For expenses necessary for the administration of the

21 Department of Justice, $75,773,000; of which not to ex22 ceed $3,317,000 is for the Facilities Program 2000, to

23 remain available until expended: Provided, That not to ex24 ceed 43 permanent positions and 44 full-time equivalent

25 workyears and $7,477,000 shall be expended for the De-
3

SJ 63 PCS

1 partment Leadership Program exclusive of augmentation

2 that occurred in these offices in fiscal year 1996: Provided

3 further, That not to exceed 41 permanent positions and

4 48 full-time equivalent workyears and $4,660,000 shall be

5 expended for the Offices of Legislative Affairs and Public

6 Affairs: Provided further, That the latter two aforemen7 tioned offices shall not be augmented by personnel details,

8 temporary transfers of personnel on either a reimbursable

9 or non-reimbursable basis or any other type of formal or

10 informal transfer or reimbursement of personnel or funds

11 on either a temporary or long-term basis.

12 For an additional amount, for enhancements for the

13 Office of Intelligence Policy and Review and security

14 measures, $3,600,000; of which $2,170,000 is for security

15 enhancements: Provided, That the entire amount is des16 ignated by Congress as an emergency requirement pursu17 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

18 Emergency Deficit Control Act of 1985, as amended.

19 COUNTERTERRORISM FUND

20 For necessary expenses, as determined by the Attor21 ney General, $9,450,000, to remain available until ex22 pended, to reimburse any Department of Justice organiza23 tion for (1) the costs incurred in reestablishing the oper24 ational capability of an office or facility which has been

25 damaged or destroyed as a result of the bombing of the

26 Alfred P. Murrah Federal Building in Oklahoma City or
4

SJ 63 PCS

1 any domestic or international terrorist incident, (2) the

2 costs of providing support to counter, investigate or pros3 ecute domestic or international terrorism, including pay4 ment of rewards in connection with these activities, and

5 (3) the costs of conducting a terrorism threat assessment

6 of Federal agencies and their facilities: Provided, That

7 funds provided under this heading shall be available only

8 after the Attorney General notifies the Committees on Ap9 propriations of the House of Representatives and the Sen10 ate in accordance with section 605 of this Act.

11 For an additional amount for necessary expenses, as

12 determined by the Attorney General, $20,000,000, to re13 main available until expended, to reimburse any Depart14 ment of Justice organization for (1) the costs incurred in

15 reestablishing the operational capability of an office or fa16 cility which has been damaged or destroyed as a result

17 of any domestic or international terrorist incident, or (2)

18 the costs of providing support to counter, investigate or

19 prosecute domestic or international terrorism, including

20 payment of rewards in connection with these activities:

21 Provided, That the entire amount is designated by Con22 gress as an emergency requirement pursuant to section

23 251(b)(2)(D)(i) of the Balanced Budget and Emergency

24 Deficit Control Act of 1985, as amended.
5

SJ 63 PCS

1 TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

2 For necessary expenses, as determined by the Attor3 ney General, $40,000,000 to remain available until ex4 pended, to be deposited in the Telecommunications Carrier

5 Compliance Fund for making payments to telecommuni6 cations carriers, equipment manufacturers, and providers

7 of telecommunications support services pursuant to sec8 tion 109 of this Act: Provided, That the entire amount

9 is designated by Congress as an emergency requirement

10 pursuant to section 251(b)(2)(D)(i) of the Balanced

11 Budget and Emergency Deficit Control Act of 1985, as

12 amended: Provided further, That the entire amount not

13 previously designated by the President as an emergency

14 requirement shall be available only to the extent an official

15 budget request, for a specific dollar amount that includes

16 designation of the entire amount of the request as an

17 emergency requirement, as defined in the Balanced Budg18 et and Emergency Deficit Control Act of 1985, as amend19 ed, is transmitted to Congress.

20 ADMINISTRATIVE REVIEW AND APPEALS

21 For expenses necessary for the administration of par22 don and clemency petitions and immigration related activi23 ties, $62,000,000.

24 For an additional amount for security measures for

25 the Executive Office of Immigration Review, $1,000,000:

26 Provided, That the entire amount is designated by Con-
6

SJ 63 PCS

1 gress as an emergency requirement pursuant to section

2 251(b)(2)(D)(i) of the Balanced Budget and Emergency

3 Deficit Control Act of 1985, as amended.

4 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

5 REVIEW AND APPEALS

6 For activities authorized by section 130005 of the

7 Violent Crime Control and Law Enforcement Act of 1994

8 (Public Law 103–322), as amended, $48,000,000, to re9 main available until expended, which shall be derived from

10 the Violent Crime Reduction Trust Fund.

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector

13 General in carrying out the provisions of the Inspector

14 General Act of 1978, as amended, $31,960,000; including

15 not to exceed $10,000 to meet unforeseen emergencies of

16 a confidential character, to be expended under the direc17 tion of, and to be accounted for solely under the certificate

18 of, the Attorney General; and for the acquisition, lease,

19 maintenance, and operation of motor vehicles, without re20 gard to the general purchase price limitation for the cur21 rent fiscal year.

22 UNITED STATES PAROLE COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the United States Parole

25 Commission as authorized by law, $4,845,000.
7

SJ 63 PCS

1 LEGAL ACTIVITIES

2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

3 For expenses, necessary for the legal activities of the

4 Department of Justice, not otherwise provided for, includ5 ing not to exceed $20,000 for expenses of collecting evi6 dence, to be expended under the direction of, and to be

7 accounted for solely under the certificate of, the Attorney

8 General; and rent of private or Government-owned space

9 in the District of Columbia; $420,793,000; of which not

10 to exceed $10,000,000 for litigation support contracts

11 shall remain available until expended: Provided, That of

12 the funds available in this appropriation, not to exceed

13 $17,525,000 shall remain available until expended for of14 fice automation systems for the legal divisions covered by

15 this appropriation, and for the United States Attorneys,

16 the Antitrust Division, and offices funded through ‘‘Sala17 ries and Expenses’’, General Administration: Provided fur18 ther, That of the total amount appropriated, not to exceed

19 $1,000 shall be available to the United States National

20 Central Bureau, INTERPOL, for official reception and

21 representation expenses: Provided further, That notwith22 standing 31 U.S.C. 1342, the Attorney General may ac23 cept on behalf of the United States, and credit to this ap24 propriation, gifts of money, personal property and serv25 ices, for the purposes of hosting the International Criminal
8

SJ 63 PCS

1 Police Organization’s (INTERPOL) American Regional

2 Conference in the United States during fiscal year 1997:

3 Provided further, That not to exceed 8 permanent posi4 tions and 10 full-time equivalent workyears and $987,000

5 shall be expended for the Office of Legislative Affairs of

6 Public Affairs: Provided further, That the latter two afore7 mentioned offices shall not be augmented by personnel de8 tails, temporary transfers of personnel on either a reim9 bursable or nonreimbursable basis or any other type of

10 formal or informal transfer or reimbursement of personnel

11 or funds on either a temporary or long-term basis.

12 In addition, for reimbursement of expenses of the De13 partment of Justice associated with processing cases

14 under the National Childhood Vaccine Injury Act of 1986

15 as amended, not to exceed $4,028,000, to be appropriated

16 from the Vaccine Injury Compensation Trust Fund.

17 For an additional amount for expenses of the Crimi18 nal Division relating to terrorism, $1,719,000, to remain

19 available until expended: Provided, That the entire amount

20 is designated by Congress as an emergency requirement

21 pursuant to section 251(b)(2)(D)(i) of the Balanced

22 Budget and Emergency Deficit Control Act of 1985, as

23 amended.
9

SJ 63 PCS

1 VIOLENT CRIME REDUCTION PROGRAMS,

2 GENERAL LEGAL ACTIVITIES

3 For the expeditious deportation of denied asylum ap4 plicants, as authorized by section 130005 of the Violent

5 Crime Control and Law Enforcement Act of 1994 (Public

6 Law 103–322), as amended, $7,750,000, to remain avail7 able until expended, which shall be derived from the Vio8 lent Crime Reduction Trust Fund.

9 SALARIES AND EXPENSES, ANTITRUST DIVISION

10 For expenses necessary for the enforcement of anti11 trust and kindred laws, $76,447,000: Provided, That not12 withstanding any other provision of law, not to exceed

13 $58,905,000 of offsetting collections derived from fees col14 lected for premerger notification filings under the Hart15 Scott-Rodino Antitrust Improvements Act of 1976 (15

16 U.S.C. 18(a)) shall be retained and used for necessary ex17 penses in this appropriation, and shall remain available

18 until expended: Provided further, That the sum herein ap19 propriated from the General Fund shall be reduced as

20 such offsetting collections are received during fiscal year

21 1997, so as to result in a final fiscal year 1997 appropria22 tion from the General Fund estimated at not more than

23 $17,542,000: Provided further, That any fees received in

24 excess of $58,905,000 in fiscal year 1997, shall remain

25 available until expended, but shall not be available for obli26 gation until October 1, 1997.
10

SJ 63 PCS

1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

2 For necessary expenses of the Office of the United

3 States Attorneys, including intergovernmental agree4 ments, $921,440,000; of which not to exceed $2,500,000

5 shall be available until September 30, 1998, for the pur6 poses of: (1) providing training of personnel of the Depart7 ment of Justice in debt collection, (2) providing services

8 to the Department of Justice related to locating debtors

9 and their property, such as title searches, debtor

10 skiptracing, asset searches, credit reports and other inves11 tigations, (3) paying the costs of the Department of Jus12 tice for the sale of property not covered by the sale pro13 ceeds, such as auctioneers’ fees and expenses, maintenance

14 and protection of property and businesses, advertising and

15 title search and surveying costs, and (4) paying the costs

16 of processing and tracking debts owed to the United

17 States Government: Provided, That of the total amount

18 appropriated, not to exceed $8,000 shall be available for

19 official reception and representation expenses: Provided

20 further, That not to exceed $10,000,000 of those funds

21 available for automated litigation support contracts shall

22 remain available until expended: Provided further, That in

23 addition to reimbursable full-time equivalent workyears

24 available to the Office of the United States Attorneys, not

25 to exceed 8,652 positions and 8,936 full-time equivalent
11

SJ 63 PCS

1 workyears shall be supported from the funds appropriated

2 in this Act for the United States Attorneys.

3 For an additional amount for expenses relating to

4 terrorism and security needs, $10,900,000: Provided, That

5 the entire amount is designated by Congress as an emer6 gency requirement pursuant to section 251(b)(2)(D)(i) of

7 the Balanced Budget and Emergency Deficit Control Act

8 of 1985, as amended.

9 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

10 ATTORNEYS

11 For activities authorized by sections 40114, 130005,

12 190001(b), 190001(d) and 250005 of the Violent Crime

13 Control and Law Enforcement Act of 1994 (Public Law

14 103–322), as amended, and section 815 of the

15 Antiterrorism and Effective Death Penalty Act of 1996

16 (Public Law 104–132), $43,876,000, to remain available

17 until expended, which shall be derived from the Violent

18 Crime Reduction Trust Fund, of which $28,602,000 shall

19 be available to help meet the increased demands for litiga20 tion and related activities, $4,641,000 for Southwest Bor21 der Control, $1,000,000 for Federal victim counselors,

22 and $9,633,000 for expeditious deportation of denied asy23 lum applicants.

24 UNITED STATES TRUSTEE SYSTEM FUND

25 For necessary expenses of the United States Trustee

26 Program, as authorized by 28 U.S.C. 589a(a),
12

SJ 63 PCS

1 $107,950,000, to remain available until expended and to

2 be derived from the United States Trustee System Fund:

3 Provided, That notwithstanding any other provision of

4 law, deposits to the Fund shall be available in such

5 amounts as may be necessary to pay refunds due deposi6 tors: Provided further, That notwithstanding any other

7 provision of law, $107,950,000 of offsetting collections de8 rived from fees collected pursuant to 28 U.S.C. 589a(b)

9 shall be retained and used for necessary expenses in this

10 appropriation and remain available until expended: Pro11 vided further, That the sum herein appropriated from the

12 Fund shall be reduced as such offsetting collections are

13 received during fiscal year 1997, so as to result in a final

14 fiscal year 1997 appropriation from the Fund estimated

15 at $0: Provided further, That any such fees collected in

16 excess of $107,950,000 in fiscal year 1997 shall remain

17 available until expended but shall not be available for obli18 gation until October 1, 1997.

19 SALARIES AND EXPENSES, FOREIGN CLAIMS

20 SETTLEMENT COMMISSION

21 For expenses necessary to carry out the activities of

22 the Foreign Claims Settlement Commission, including

23 services as authorized by 5 U.S.C. 3109, $953,000.
13

SJ 63 PCS

1 SALARIES AND EXPENSES, UNITED STATES MARSHALS

2 SERVICE

3 For necessary expenses of the United States Mar4 shals Service; including the acquisition, lease, mainte5 nance, and operation of vehicles and aircraft, and the pur6 chase of passenger motor vehicles for police-type use, with7 out regard to the general purchase price limitation for the

8 current fiscal year, $457,495,000, as authorized by 28

9 U.S.C. 561(i); of which not to exceed $6,000 shall be

10 available for official reception and representation ex11 penses; and of which not to exceed $4,000,000 for develop12 ment, implementation, maintenance and support, and

13 training for an automated prisoner information system,

14 and $2,200,000 to support the Justice Prisoner and Alien

15 Transportation System, shall remain available until ex16 pended: Provided, That, with respect to the amounts ap17 propriated above, the service of maintaining and trans18 porting State, local, or territorial prisoners shall be consid19 ered a specialized or technical service for purposes of 31

20 U.S.C. 6505, and any prisoners so transported shall be

21 considered persons (transported for other than commercial

22 purposes) whose presence is associated with the perform23 ance of a governmental function for purposes of 49 U.S.C.

24 40102: Provided further, That not to exceed 12 permanent

25 positions and 12 full-time equivalent workyears and
14

SJ 63 PCS

1 $700,000 shall be expended for the Offices of Legislative

2 Affairs and Public Affairs: Provided further, That the lat3 ter two aforementioned offices shall not be augmented by

4 personnel details, temporary transfers of personnel on ei5 ther a reimbursable or nonreimbursable basis or any other

6 type of formal or informal transfer or reimbursement of

7 personnel or funds on either a temporary or long-term

8 basis.

9 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

10 MARSHALS SERVICE

11 For activities authorized by section 190001(b) of the

12 Violent Crime Control and Law Enforcement Act of 1994

13 (Public Law 103–322), as amended, $25,000,000, to re14 main available until expended, which shall be derived from

15 the Violent Crime Reduction Trust Fund.

16 FEDERAL PRISONER DETENTION

17 For expenses, related to United States prisoners in

18 the custody of the United States Marshals Service as au19 thorized in 18 U.S.C. 4013, but not including expenses

20 otherwise provided for in appropriations available to the

21 Attorney General, $405,262,000, as authorized by 28

22 U.S.C. 561(i), to remain available until expended: Pro23 vided, That this appropriation hereafter shall not be avail24 able for expenses authorized under 18 U.S.C. 4013(a)(4).
15

SJ 63 PCS

1 FEES AND EXPENSES OF WITNESSES

2 For expenses, mileage, compensation, and per diems

3 of witnesses, for expenses of contracts for the procurement

4 and supervision of expert witnesses, for private counsel ex5 penses, and for per diems in lieu of subsistence, as author6 ized by law, including advances, $100,702,000, to remain

7 available until expended; of which not to exceed

8 $4,750,000 may be made available for planning, construc9 tion, renovations, maintenance, remodeling, and repair of

10 buildings, and the purchase of equipment incident thereto,

11 for protected witness safesites; of which not to exceed

12 $1,000,000 may be made available for the purchase and

13 maintenance of armored vehicles for transportation of pro14 tected witnesses; and of which not to exceed $4,000,000

15 may be made available for the purchase, installation and

16 maintenance of a secure, automated information network

17 to store and retrieve the identities and locations of pro18 tected witnesses.

19 SALARIES AND EXPENSES, COMMUNITY RELATIONS

20 SERVICE

21 For necessary expenses of the Community Relations

22 Service, established by title X of the Civil Rights Act of

23 1964, $5,319,000: Provided, That notwithstanding any

24 other provision of law, upon a determination by the Attor25 ney General that emergent circumstances require addi26 tional funding for conflict prevention and resolution activi-
16

SJ 63 PCS

1 ties of the Community Relations Service, the Attorney

2 General may transfer such amounts to the Community Re3 lations Service, from available appropriations for the cur4 rent fiscal year for the Department of Justice, as may be

5 necessary to respond to such circumstances: Provided fur6 ther, That any transfer pursuant to this paragraph shall

7 be treated as a reprogramming under section 605 of this

8 Act and shall not be available for obligation or expenditure

9 except in compliance with the procedures set forth in that

10 section.

11 ASSETS FORFEITURE FUND

12 For expenses authorized by 28 U.S.C. 524(c)(1)

13 (A)(ii), (B), (C), (F), and (G), as amended, $23,000,000,

14 to be derived from the Department of Justice Assets For15 feiture Fund.

16 RADIATION EXPOSURE COMPENSATION

17 ADMINISTRATIVE EXPENSES

18 For necessary administrative expenses in accordance

19 with the Radiation Exposure Compensation Act,

20 $2,000,000.

21 PAYMENT TO RADIATION EXPOSURE COMPENSATION

22 TRUST FUND

23 For payments to the Radiation Exposure Compensa24 tion Trust Fund, $13,736,000, not to be available for ob25 ligation until September 30, 1997.
17

SJ 63 PCS

1 INTERAGENCY LAW ENFORCEMENT

2 INTERAGENCY CRIME AND DRUG ENFORCEMENT

3 For necessary expenses for the detection, investiga4 tion, and prosecution of individuals involved in organized

5 crime drug trafficking not otherwise provided for, to in6 clude intergovernmental agreements with State and local

7 law enforcement agencies engaged in the investigation and

8 prosecution of individuals involved in organized crime drug

9 trafficking, $359,430,000, of which $50,000,000 shall re10 main available until expended: Provided, That any

11 amounts obligated from appropriations under this heading

12 may be used under authorities available to the organiza13 tions reimbursed from this appropriation: Provided fur14 ther, That any unobligated balances remaining available

15 at the end of the fiscal year shall revert to the Attorney

16 General for reallocation among participating organizations

17 in succeeding fiscal years, subject to the reprogramming

18 procedures described in section 605 of this Act.

19 FEDERAL BUREAU OF INVESTIGATION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Bureau of In22 vestigation for detection, investigation, and prosecution of

23 crimes against the United States; including purchase for

24 police-type use of not to exceed 2,706 passenger motor ve25 hicles, of which 1,945 will be for replacement only, without
18

SJ 63 PCS

1 regard to the general purchase price limitation for the cur2 rent fiscal year, and hire of passenger motor vehicles; ac3 quisition, lease, maintenance, and operation of aircraft;

4 and not to exceed $70,000 to meet unforeseen emergencies

5 of a confidential character, to be expended under the di6 rection of, and to be accounted for solely under the certifi7 cate of, the Attorney General; $2,489,361,000, of which

8 not to exceed $50,000,000 for automated data processing

9 and telecommunications and technical investigative equip10 ment and $1,000,000 for undercover operations shall re11 main available until September 30, 1998; of which not less

12 than $147,081,000 shall be for counterterrorism inves13 tigations, foreign counterintelligence, and other activities

14 related to our national security; of which not to exceed

15 $98,400,000 shall remain available until expended; and of

16 which not to exceed $10,000,000 is authorized to be made

17 available for making payments or advances for expenses

18 arising out of contractual or reimbursable agreements

19 with State and local law enforcement agencies while en20 gaged in cooperative activities related to violent crime, ter21 rorism, organized crime, and drug investigations; and of

22 which $1,500,000 shall be available to maintain an inde23 pendent program office dedicated solely to the relocation

24 of the Criminal Justice Information Services Division and

25 the automation of fingerprint identification services: Pro-
19

SJ 63 PCS

1 vided, That not to exceed $45,000 shall be available for

2 official reception and representation expenses: Provided

3 further, That not to exceed 81 permanent positions and

4 85 full-time equivalent workyears and $5,959,000 shall be

5 expended for the Office of Legislative Affairs or Public

6 Affairs: Provided further, That the latter two aforemen7 tioned offices shall not be augmented by personnel details,

8 temporary transfers of personnel on either a reimbursable

9 or nonreimbursable basis or any other type of formal or

10 informal transfer or reimbursement of personnel or funds

11 on either a temporary or long-term basis.

12 For an additional amount for necessary expenses of

13 the Federal Bureau of Investigation to prevent and inves14 tigate terrorism activities and incidents; provide for addi15 tional agents and support staff; protect key physical as16 sets; establish a capability for chemical, biological and nu17 clear research; improve domestic intelligence; and improve

18 security at Federal Bureau of Investigation offices,

19 $115,610,000, as authorized by the Antiterrorism and Ef20 fective Death Penalty Act of 1996 (Public Law 104–132):

21 Provided, That the entire amount is designated by Con22 gress as an emergency requirement pursuant to section

23 251(b)(2)(D)(i) of the Balanced Budget and Emergency

24 Deficit Control Act of 1985, as amended.
20

SJ 63 PCS

1 VIOLENT CRIME REDUCTION PROGRAMS

2 For activities authorized by the Violent Crime Con3 trol and Law Enforcement Act of 1994 (Public Law 103–

4 322) as amended (‘‘the 1994 Act’’), and the Antiterrorism

5 and Effective Death Penalty Act of 1996 (‘‘the

6 Antiterrorism Act’’), $169,000,000, to remain available

7 until expended, which shall be derived from the Violent

8 Crime Reduction Trust Fund; of which $76,356,000 shall

9 be for activities authorized by section 190001(c) of the

10 1994 Act and section 811 of the Antiterrorism Act;

11 $53,404,000 shall be for activities authorized by section

12 190001(b) of the 1994 Act, of which $20,240,000 shall

13 be for activities authorized by section 103 of the Brady

14 Handgun Violence Prevention Act (Public Law 103–159),

15 as amended; $4,000,000 shall be for training and inves16 tigative assistance authorized by section 210501 of the

17 1994 Act; $9,500,000 shall be for grants to States, as au18 thorized by section 811(b) of the Antiterrorism Act; and

19 $5,500,000 shall be for establishing DNA quality-assur20 ance and proficiency-testing standards, establishing an

21 index to facilitate law enforcement exchange of DNA iden22 tification information, and related activities authorized by

23 section 210501 of the 1994 Act.

24 CONSTRUCTION

25 For necessary expenses to construct or acquire build26 ings and sites by purchase, or as otherwise authorized by
21

SJ 63 PCS

1 law (including equipment for such buildings); conversion

2 and extension of federally owned buildings; and prelimi3 nary planning and design of projects; $41,639,000, to re4 main available until expended.

5 DRUG ENFORCEMENT ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Drug Enforcement Ad8 ministration, including not to exceed $70,000 to meet un9 foreseen emergencies of a confidential character, to be ex10 pended under the direction of, and to be accounted for

11 solely under the certificate of, the Attorney General; ex12 penses for conducting drug education and training pro13 grams, including travel and related expenses for partici14 pants in such programs and the distribution of items of

15 token value that promote the goals of such programs; pur16 chase of not to exceed 1,158 passenger motor vehicles, of

17 which 1,032 will be for replacement only, for police-type

18 use without regard to the general purchase price limitation

19 for the current fiscal year; and acquisition, lease, mainte20 nance, and operation of aircraft; $745,388,000, of which

21 not to exceed $1,800,000 for research and $15,000,000

22 for transfer to the Drug Diversion Control Fee Account

23 for operating expenses shall remain available until ex24 pended, and of which not to exceed $4,000,000 for pur25 chase of evidence and payments for information, not to
22

SJ 63 PCS

1 exceed $4,000,000 for contracting for automated data

2 processing and telecommunications equipment, and not to

3 exceed $2,000,000 for laboratory equipment, $4,000,000

4 for technical equipment, and $2,000,000 for aircraft re5 placement retrofit and parts, shall remain available until

6 September 30, 1998; and of which not to exceed $50,000

7 shall be available for official reception and representation

8 expenses: Provided, That not to exceed 25 permanent posi9 tions and 25 full-time equivalent workyears and

10 $1,828,000 shall be expended for the Office of Legislative

11 Affairs or Public Affairs: Provided further, That the latter

12 two aforementioned offices shall not be augmented by per13 sonnel details, temporary transfers of personnel on either

14 a reimbursable or nonreimbursable basis or any other type

15 of formal or informal transfer or reimbursement of person16 nel or funds on either a temporary or long-term basis.

17 For an additional amount for security measures for

18 domestic and foreign Drug Enforcement Administration

19 offices, $5,000,000: Provided, That the entire amount is

20 designated by Congress as an emergency requirement pur21 suant to section 251(b)(2)(D)(i) of the Balanced Budget

22 and Emergency Deficit Control Act of 1985, as amended.

23 VIOLENT CRIME REDUCTION PROGRAMS

24 For activities authorized by sections 180104 and

25 190001(b) of the Violent Crime Control and Law Enforce26 ment Act of 1994 (Public Law 103–322), as amended,
23

SJ 63 PCS

1 and section 814 of the Antiterrorism and Effective Death

2 Penalty Act of 1996 (Public Law 104–132), and for the

3 purchase of passenger motor vehicles for police-type use,

4 as otherwise authorized in this title, $220,000,000, to re5 main available until expended, which shall be derived from

6 the Violent Crime Reduction Trust Fund.

7 CONSTRUCTION

8 For necessary expenses to construct or acquire build9 ings and sites by purchase, or as otherwise authorized by

10 law (including equipment for such buildings); conversion

11 and extension of federally-owned buildings; and prelimi12 nary planning and design of projects; $30,806,000, to re13 main available until expended.

14 IMMIGRATION AND NATURALIZATION SERVICE

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF FUNDS)

17 For expenses, not otherwise provided for, necessary

18 for the administration and enforcement of the laws relat19 ing to immigration, naturalization, and alien registration,

20 including not to exceed $50,000 to meet unforeseen emer21 gencies of a confidential character, to be expended under

22 the direction of, and to be accounted for solely under the

23 certificate of, the Attorney General; purchase for police24 type use (not to exceed 2,691, of which 1,711 are for re25 placement only), without regard to the general purchase

26 price limitation for the current fiscal year, and hire of pas-
24

SJ 63 PCS

1 senger motor vehicles; acquisition, lease, maintenance and

2 operation of aircraft; and research related to immigration

3 enforcement; $1,600,000,000, of which not to exceed

4 $400,000 for research shall remain available until ex5 pended; and of which not to exceed $10,000,000 shall be

6 available for costs associated with the training program

7 for basic officer training, and $5,000,000 is for payments

8 or advances arising out of contractual or reimbursable

9 agreements with State and local law enforcement agencies

10 while engaged in cooperative activities related to immigra11 tion: Provided, That none of the funds available to the Im12 migration and Naturalization Service shall be available to

13 pay any employee overtime pay in an amount in excess

14 of $30,000 during the calendar year beginning January

15 1, 1997: Provided further, That uniforms may be pur16 chased without regard to the general purchase price limi17 tation for the current fiscal year: Provided further, That

18 not to exceed $5,000 shall be available for official recep19 tion and representation expenses: Provided further, That

20 none of the funds provided in this or any other Act shall

21 be used for the continued operation of the San Clemente

22 and Temecula checkpoints unless the checkpoints are open

23 and traffic is being checked on a continuous 24-hour basis:

24 Provided further, That the Land Border Fee Pilot Project

25 scheduled to end September 30, 1996, is extended to Sep-
25

SJ 63 PCS

1 tember 30, 1999 for projects on both the northern and

2 southern borders of the United States, except that no pilot

3 program may implement a universal land border crossing

4 toll: Provided further, That obligated and unobligated bal5 ances available to ‘‘Salaries and Expenses, Community

6 Relations Service’’ under section 501(c) of the Refugee

7 Education Assistance Act of 1980 are transferred to this

8 account and shall remain available until expended.

9 For an additional amount to support the detention

10 and removal of aliens with ties to terrorist organizations

11 and expand the detention and removal of illegal aliens and

12 enhance the intelligence of the Immigration and Natu13 ralization Service, $15,000,000; of which $10,000,000

14 shall be for detention and removal of aliens: Provided,

15 That the entire amount is designated by Congress as an

16 emergency requirement pursuant to section

17 251(b)(2)(D)(i) of the Balanced Budget and Emergency

18 Deficit Control Act of 1985, as amended.

19 VIOLENT CRIME REDUCTION PROGRAMS

20 For activities authorized by sections 130002,

21 130005, 130006, 130007, and 190001(b) of the Violent

22 Crime Control and Law Enforcement Act of 1994 (Public

23 Law 103–322), as amended, and section 813 of the

24 Antiterrorism and Effective Death Penalty Act of 1996

25 (Public Law 104–132), $500,000,000 to remain available

26 until expended, which will be derived from the Violent
26

SJ 63 PCS

1 Crime Reduction Trust Fund, of which $66,217,000 shall

2 be for expeditious deportation of denied asylum applicants,

3 $317,256,000 shall be for improving border controls, and

4 $116,527,000 shall be for detention and deportation pro5 ceedings: Provided, That amounts not required for asylum

6 processing provided under the expeditious deportation of

7 denied asylum applicants shall also be available for other

8 deportation program activities.

9 CONSTRUCTION

10 For planning, construction, renovation, equipping,

11 and maintenance of buildings and facilities necessary for

12 the administration and enforcement of the laws relating

13 to immigration, naturalization, and alien registration, not

14 otherwise provided for, $9,841,000, to remain available

15 until expended.

16 FEDERAL PRISON SYSTEM

17 SALARIES AND EXPENSES

18 For expenses necessary for the administration, oper19 ation, and maintenance of Federal penal and correctional

20 institutions, including purchase (not to exceed 836, of

21 which 572 are for replacement only), and hire of law en22 forcement and passenger motor vehicles; and for the provi23 sion of technical assistance and advice on corrections re24 lated issues to foreign governments; $2,768,316,000: Pro25 vided, That the Attorney General may transfer to the

26 Health Resources and Services Administration such
27

SJ 63 PCS

1 amounts as may be necessary for direct expenditures by

2 that Administration for medical relief for inmates of Fed3 eral penal and correctional institutions: Provided further,

4 That the Director of the Federal Prison System (FPS),

5 where necessary, may enter into contracts with a fiscal

6 agent/fiscal intermediary claims processor to determine

7 the amounts payable to persons who, on behalf of the

8 FPS, furnish health services to individuals committed to

9 the custody of the FPS: Provided further, That uniforms

10 may be purchased without regard to the general purchase

11 price limitation for the current fiscal year: Provided fur12 ther, That not to exceed $6,000 shall be available for offi13 cial reception and representation expenses: Provided fur14 ther, That not to exceed $90,000,000 for the activation

15 of new facilities shall remain available until September 30,

16 1998: Provided further, That of the amounts provided for

17 Contract Confinement, not to exceed $20,000,000 shall re18 main available until expended to make payments in ad19 vance for grants, contracts and reimbursable agreements,

20 and other expenses authorized by section 501(c) of the

21 Refugee Education Assistance Act of 1980, as amended,

22 for the care and security in the United States of Cuban

23 and Haitian entrants: Provided further, That notwith24 standing section 4(d) of the Service Contract Act of 1965

25 (41 U.S.C. 353(d)), FPS may enter into contracts and
28

SJ 63 PCS

1 other agreements with private entities for periods of not

2 to exceed 3 years and 7 additional option years for the

3 confinement of Federal prisoners: Provided further, That

4 the National Institute of Corrections hereafter shall be in5 cluded in the FPS Salaries and Expenses budget, in the

6 Contract Confinement program and shall continue to per7 form its current functions under 18 U.S.C. 4351, et seq.,

8 with the exception of its grant program and shall collect

9 reimbursement for services whenever possible: Provided

10 further, That any unexpended balances available to the

11 ‘‘National Institute of Corrections’’ account shall be cred12 ited to and merged with this appropriation, to remain

13 available until expended.

14 VIOLENT CRIME REDUCTION PROGRAMS

15 For substance abuse treatment in Federal prisons as

16 authorized by section 32001(e) of the Violent Crime Con17 trol and Law Enforcement Act of 1994 (Public Law 103–

18 322), as amended, $25,224,000, to remain available until

19 expended, which shall be derived from the Violent Crime

20 Reduction Trust Fund.

21 BUILDINGS AND FACILITIES

22 For planning, acquisition of sites and construction of

23 new facilities; leasing the Oklahoma City Airport Trust

24 Facility; purchase and acquisition of facilities and remod25 eling, and equipping of such facilities for penal and correc26 tional use, including all necessary expenses incident there-
29

SJ 63 PCS

1 to, by contract or force account; and constructing, remod2 eling, and equipping necessary buildings and facilities at

3 existing penal and correctional institutions, including all

4 necessary expenses incident thereto, by contract or force

5 account; $395,700,000, to remain available until ex6 pended, of which not to exceed $14,074,000 shall be avail7 able to construct areas for inmate work programs: Pro8 vided, That labor of United States prisoners may be used

9 for work performed under this appropriation: Provided

10 further, That not to exceed 10 percent of the funds appro11 priated to ‘‘Buildings and Facilities’’ in this Act or any

12 other Act may be transferred to ‘‘Salaries and Expenses’’,

13 Federal Prison System, upon notification by the Attorney

14 General to the Committees on Appropriations of the

15 House of Representatives and the Senate in compliance

16 with provisions set forth in section 605 of this Act: Pro17 vided further, That of the total amount appropriated, not

18 to exceed $36,570,000 shall be available for the renovation

19 and construction of United States Marshals Service pris20 oner-holding facilities.

21 FEDERAL PRISON INDUSTRIES, INCORPORATED

22 The Federal Prison Industries, Incorporated, is here23 by authorized to make such expenditures, within the limits

24 of funds and borrowing authority available, and in accord

25 with the law, and to make such contracts and commit26 ments, without regard to fiscal year limitations as pro-
30

SJ 63 PCS

1 vided by section 9104 of title 31, United States Code, as

2 may be necessary in carrying out the program set forth

3 in the budget for the current fiscal year for such corpora4 tion, including purchase of (not to exceed five for replace5 ment only), and hire of passenger motor vehicles.

6 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

7 PRISON INDUSTRIES, INCORPORATED

8 Not to exceed $3,042,000 of the funds of the corpora9 tion shall be available for its administrative expenses, and

10 for services as authorized by 5 U.S.C. 3109, to be com11 puted on an accrual basis to be determined in accordance

12 with the corporation’s current prescribed accounting sys13 tem, and such amounts shall be exclusive of depreciation,

14 payment of claims, and expenditures which the said ac15 counting system requires to be capitalized or charged to

16 cost of commodities acquired or produced, including sell17 ing and shipping expenses, and expenses in connection

18 with acquisition, construction, operation, maintenance, im19 provement, protection, or disposition of facilities and other

20 property belonging to the corporation or in which it has

21 an interest.

22 OFFICE OF JUSTICE PROGRAMS

23 JUSTICE ASSISTANCE

24 For grants, contracts, cooperative agreements, and

25 other assistance authorized by title I of the Omnibus

26 Crime Control and Safe Streets Act of 1968, as amended,
31

SJ 63 PCS

1 and the Missing Children’s Assistance Act, as amended,

2 including salaries and expenses in connection therewith,

3 and with the Victims of Crime Act of 1984, as amended,

4 $101,429,000, to remain available until expended, as au5 thorized by section 1001 of title I of the Omnibus Crime

6 Control and Safe Streets Act, as amended by Public Law

7 102–534 (106 Stat. 3524).

8 For an additional amount, $17,000,000, to remain

9 available until expended; of which $5,000,000 shall be for

10 Local Firefighter and Emergency Services Training

11 Grants as authorized by section 819 of the Antiterrorism

12 and Effective Death Penalty Act of 1996 (‘‘the

13 Antiterrorism Act’’); of which $10,000,000 shall be for de14 velopment of counterterrorism technologies to help State

15 and local law enforcement combat terrorism, as authorized

16 by section 821 of the Antiterrorism Act; of which

17 $2,000,000 shall be for specialized multi-agency response

18 training: Provided, That the entire amount is designated

19 by Congress as an emergency requirement pursuant to

20 section 251(b)(2)(D)(i) of the Balanced Budget and

21 Emergency Deficit Control Act of 1985, as amended: Pro22 vided further, That the entire amount not previously des23 ignated by the President as an emergency requirement

24 shall be available only to the extent an official budget re25 quest, for a specific dollar amount that includes designa-
32

SJ 63 PCS

1 tion of the entire amount of the request as an emergency

2 requirement, as defined in the Balanced Budget and

3 Emergency Deficit Control Act of 1985, as amended, is

4 transmitted to Congress.

5 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

6 For grants, contracts, cooperative agreements, and

7 other assistance authorized by part E of title I of the Om8 nibus Crime Control and Safe Streets Act of 1968, as

9 amended, for State and Local Narcotics Control and Jus10 tice Assistance Improvements, notwithstanding the provi11 sions of section 511 of said Act, $329,000,000, to remain

12 available until expended, as authorized by section 1001 of

13 title I of said Act, as amended by Public Law 102–534

14 (106 Stat. 3524), of which $60,000,000 shall be available

15 to carry out the provisions of chapter A of subpart 2 of

16 part E of title I of said Act, for discretionary grants under

17 the Edward Byrne Memorial State and Local Law En18 forcement Assistance Programs.

19 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND

20 LOCAL LAW ENFORCEMENT ASSISTANCE

21 For assistance (including amounts for administrative

22 costs for management and administration, which amounts

23 shall be transferred to and merged with the ‘‘Justice As24 sistance’’ account) authorized by the Violent Crime Con25 trol and Law Enforcement Act of 1994 (Public Law 103–
33

SJ 63 PCS

1 322), as amended (‘‘the 1994 Act’’); the Omnibus Crime

2 Control and Safe Streets Act of 1968, as amended (‘‘the

3 1968 Act’’); and the Victims of Child Abuse Act of 1990,

4 as amended (‘‘the 1990 Act’’); $2,056,180,000, to remain

5 available until expended, which shall be derived from the

6 Violent Crime Reduction Trust Fund; of which

7 $523,000,000 shall be for Local Law Enforcement Block

8 Grants, pursuant to H.R. 728 as passed by the House of

9 Representatives on February 14, 1995, except that for

10 purposes of this Act, the Commonwealth of Puerto Rico

11 shall be considered a ‘‘unit of local government’’ as well

12 as a ‘‘State’’, for the purposes set forth in paragraphs (A),

13 (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728

14 and for establishing crime prevention programs involving

15 cooperation between community residents and law enforce16 ment personnel in order to control, detect, or investigate

17 crime or the prosecution of criminals: Provided, That no

18 funds provided under this heading may be used as match19 ing funds for any other Federal grant program: Provided

20 further, That $20,000,000 of this amount shall be for

21 Boys and Girls Clubs in public housing facilities and other

22 areas in cooperation with State and local law enforcement:

23 Provided further, That funds may also be used to defray

24 the costs of indemnification insurance for law enforcement

25 officers; of which $50,000,000 shall be for grants to up-
34

SJ 63 PCS

1 grade criminal records, as authorized by section 106(b)

2 of the Brady Handgun Violence Prevention Act of 1993,

3 as amended, and section 4(b) of the National Child Pro4 tection Act of 1993; of which $231,000,000 shall be avail5 able as authorized by section 1001 of title I of the 1968

6 Act, to carry out the provisions of subpart 1, part E of

7 title I of the 1968 Act, notwithstanding section 511 of

8 said Act, for the Edward Byrne Memorial State and Local

9 Law Enforcement Assistance Programs; of which

10 $330,000,000 shall be for the State Criminal Alien Assist11 ance Program, as authorized by section 242(j) of the Im12 migration and Nationality Act, as amended; of which

13 $670,000,000 shall be for Violent Offender Incarceration

14 and Truth in Sentencing Incentive Grants pursuant to

15 subtitle A of title II of the 1994 Act, of which

16 $170,000,000 shall be available for payments to States for

17 incarceration of criminal aliens, and of which $12,500,000

18 shall be available for the Cooperative Agreement Program:

19 Provided further, That funds made available for Violent

20 Offender Incarceration and Truth in Sentencing Incentive

21 Grants to the State of California may, at the discretion

22 of the recipient, be used for payments for the incarceration

23 of criminal aliens; of which $6,000,000 shall be for the

24 Court Appointed Special Advocate Program, as authorized

25 by section 218 of the 1990 Act; of which $1,000,000 shall
35

SJ 63 PCS

1 be for Child Abuse Training Programs for Judicial Per2 sonnel and Practitioners, as authorized by section 224 of

3 the 1990 Act; of which $145,000,000 shall be for Grants

4 to Combat Violence Against Women to States, units of

5 local government and Indian tribal governments, as au6 thorized by section 1001(a)(18) of the 1968 Act; of which

7 $33,000,000 shall be for Grants to Encourage Arrest Poli8 cies to States, units of local government, and Indian tribal

9 governments, as authorized by section 1001(a)(19) of the

10 1968 Act; of which $8,000,000 shall be for Rural Domes11 tic Violence and Child Abuse Enforcement Assistance

12 Grants, as authorized by section 40295 of the 1994 Act;

13 of which $1,000,000 shall be for training programs to as14 sist probation and parole officers who work with released

15 sex offenders, as authorized by section 40152(c) of the

16 1994 Act; of which $550,000 shall be for grants for tele17 vised testimony, as authorized by section 1001(a)(7) of the

18 1968 Act; of which $1,750,000 shall be for national stalk19 er and domestic violence reduction, as authorized by sec20 tion 40603 of the 1994 Act; of which $30,000,000 shall

21 be for grants for residential substance abuse treatment for

22 State prisoners as authorized by section 1001(a)(17) of

23 the 1968 Act; of which $3,000,000 shall be for grants to

24 States and units of local government for projects to im25 prove DNA analysis, as authorized by section 1001(a)(22)
36

SJ 63 PCS

1 of the 1968 Act; of which $900,000 shall be for the Miss2 ing Alzheimer’s Disease Patient Alert Program, as author3 ized by section 240001(c) of the 1994 Act; of which

4 $750,000 shall be for Motor Vehicle Theft Prevention Pro5 grams, as authorized by section 220002(h) of the 1994

6 Act; of which $200,000 shall be for a National Baseline

7 Study on Campus Sexual Assault, as authorized by section

8 40506(e) of the 1994 Act; of which $18,000,000 shall be

9 for Drug Courts, as authorized by title V of the 1994 Act;

10 of which $1,000,000 shall be for Law Enforcement Family

11 Support Programs, as authorized by section 1001(a)(21)

12 of the 1968 Act; and of which $2,000,000 shall be for

13 public awareness programs addressing marketing scams

14 aimed at senior citizens, as authorized by section

15 250005(3) of the 1994 Act: Provided further, That funds

16 made available in fiscal year 1997 under subpart 1 of part

17 E of title I of the Omnibus Crime Control and Safe Streets

18 Act of 1968, as amended, may be obligated for programs

19 to assist States in the litigation processing of death pen20 alty Federal habeas corpus petitions and for drug testing

21 initiatives: Provided further, That any 1996 balances for

22 these programs shall be transferred to and merged with

23 this appropriation: Provided further, That if a unit of local

24 government uses any of the funds made available under

25 this title to increase the number of law enforcement offi-
37

SJ 63 PCS

1 cers, the unit of local government will achieve a net gain

2 in the number of law enforcement officers who perform

3 nonadministrative public safety service.

4 WEED AND SEED PROGRAM FUND

5 For necessary expenses, including salaries and relat6 ed expenses of the Executive Office for Weed and Seed,

7 to implement ‘‘Weed and Seed’’ program activities,

8 $28,500,000, which shall be derived from discretionary

9 grants provided under the Edward Byrne Memorial State

10 and Local Law Enforcement Assistance Programs, to re11 main available until expended for intergovernmental

12 agreements, including grants, cooperative agreements, and

13 contracts, with State and local law enforcement agencies

14 engaged in the investigation and prosecution of violent

15 crimes and drug offenses in ‘‘Weed and Seed’’ designated

16 communities, and for either reimbursements or transfers

17 to appropriation accounts of the Department of Justice

18 and other Federal agencies which shall be specified by the

19 Attorney General to execute the ‘‘Weed and Seed’’ pro20 gram strategy: Provided, That funds designated by Con21 gress through language for other Department of Justice

22 appropriation accounts for ‘‘Weed and Seed’’ program ac23 tivities shall be managed and executed by the Attorney

24 General through the Executive Office for Weed and Seed:

25 Provided further, That the Attorney General may direct

26 the use of other Department of Justice funds and person-
38

SJ 63 PCS

1 nel in support of ‘‘Weed and Seed’’ program activities only

2 after the Attorney General notifies the Committees on Ap3 propriations of the House of Representatives and the Sen4 ate in accordance with section 605 of this Act.

5 COMMUNITY ORIENTED POLICING SERVICES

6 VIOLENT CRIME REDUCTION PROGRAMS

7 For activities authorized by the Violent Crime Con8 trol and Law Enforcement Act of 1994, Public Law 103–

9 322 (‘‘the 1994 Act’’) (including administrative costs),

10 $1,400,000,000, to remain available until expended, which

11 shall be derived from the Violent Crime Reduction Trust

12 Fund, for Public Safety and Community Policing Grants

13 pursuant to title I of the 1994 Act: Provided, That of this

14 amount, $20,000,000 shall be available for programs of

15 Police Corps education, training and service as set forth

16 in sections 200101–200113 of the 1994 Act: Provided fur17 ther, That not to exceed 186 permanent positions and 174

18 full-time equivalent workyears and $19,800,000 shall be

19 expended for program management and administration.

20 JUVENILE JUSTICE PROGRAMS

21 For grants, contracts, cooperative agreements, and

22 other assistance authorized by the Juvenile Justice and

23 Delinquency Prevention Act of 1974, as amended, includ24 ing salaries and expenses in connection therewith to be

25 transferred to and merged with the appropriations for

26 Justice Assistance, $170,000,000, to remain available
39

SJ 63 PCS

1 until expended, as authorized by section 299 of part I of

2 title II and section 506 of title V of the Act, as amended

3 by Public Law 102–586, of which (1) notwithstanding any

4 other provision of law, $5,000,000 shall be available for

5 expenses authorized by part A of title II of the Act,

6 $86,500,000 shall be available for expenses authorized by

7 part B of title II of the Act, and $29,500,000 shall be

8 available for expenses authorized by part C of title II of

9 the Act: Provided, That $16,500,000 of the amounts pro10 vided for part B title II of the Juvenile Justice and Delin11 quency Prevention Act of 1974, as amended, is for the

12 purpose of providing additional formula grants under part

13 B, for innovative local law enforcement and community

14 policing programs, to States that provide assurances to

15 the Administrator that the State has in effect (or will have

16 in effect no later than 1 year after date of application)

17 policies and programs, that ensure that juveniles are sub18 ject to accountability-based sanctions for every act for

19 which they are adjudicated delinquent (2) $12,000,000

20 shall be available for expenses authorized by sections 281

21 and 282 of part D of title II of the Act for prevention

22 and treatment programs relating to juvenile gangs; (3)

23 $10,000,000 shall be available for expenses authorized by

24 section 285 of part E of title II of the Act; (4) $7,000,000

25 shall be available for expenses authorized by part G of title
40

SJ 63 PCS

1 II of the Act for juvenile mentoring programs; and (5)

2 $20,000,000 shall be available for expenses authorized by

3 title V of the Act for incentive grants for local delinquency

4 prevention programs: Provided further, That upon the en5 actment of reauthorization legislation for Juvenile Justice

6 Programs under the Juvenile Justice and Delinquency

7 Prevention Act of 1974, as amended, funding provided in

8 this Act shall from that date be subject to the provisions

9 of that legislation and any provisions in this Act that are

10 inconsistent with that legislation shall no longer have ef11 fect.

12 In addition, for grants, contracts, cooperative agree13 ments, and other assistance authorized by the Victims of

14 Child Abuse Act of 1990, as amended, $4,500,000, to re15 main available until expended, as authorized by section

16 214B of the Act.

17 PUBLIC SAFETY OFFICERS BENEFITS

18 For payments authorized by part L of title I of the

19 Omnibus Crime Control and Safe Streets Act of 1968 (42

20 U.S.C. 3796), as amended, such sums as are necessary,

21 to remain available until expended, as authorized by sec22 tion 6093 of Public Law 100–690 (102 Stat. 4339–4340),

23 and, in addition, $2,200,000, to remain available until ex24 pended, for payments as authorized by section 1201(b) of

25 said Act.
41

SJ 63 PCS

1 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

2 SEC. 101. In addition to amounts otherwise made

3 available in this title for official reception and representa4 tion expenses, a total of not to exceed $45,000 from funds

5 appropriated to the Department of Justice in this title

6 shall be available to the Attorney General for official re7 ception and representation expenses in accordance with

8 distributions, procedures, and regulations established by

9 the Attorney General.

10 SEC. 102. Authorities contained in the Department

11 of Justice Appropriation Authorization Act, Fiscal Year

12 1980 (Public Law 96–132, 93 Stat. 1040 (1979)), as

13 amended, shall remain in effect until the termination date

14 of this Act or until the effective date of a Department

15 of Justice Appropriation Authorization Act, whichever is

16 earlier.

17 SEC. 103. None of the funds appropriated by this

18 title shall be available to pay for an abortion, except where

19 the life of the mother would be endangered if the fetus

20 were carried to term, or in the case of rape: Provided,

21 That should this prohibition be declared unconstitutional

22 by a court of competent jurisdiction, this section shall be

23 null and void.
42

SJ 63 PCS

1 SEC. 104. None of the funds appropriated under this

2 title shall be used to require any person to perform, or

3 facilitate in any way the performance of, any abortion.

4 SEC. 105. Nothing in the preceding section shall re5 move the obligation of the Director of the Bureau of Pris6 ons to provide escort services necessary for a female in7 mate to receive such service outside the Federal facility:

8 Provided, That nothing in this section in any way dimin9 ishes the effect of section 104 intended to address the phil10 osophical beliefs of individual employees of the Bureau of

11 Prisons.

12 SEC. 106. Notwithstanding any other provision of

13 law, not to exceed $10,000,000 of the funds made avail14 able in this Act may be used to establish and publicize

15 a program under which publicly-advertised, extraordinary

16 rewards may be paid, which shall not be subject to spend17 ing limitations contained in sections 3059 and 3072 of

18 title 18, United States Code: Provided, That any reward

19 of $100,000 or more, up to a maximum of $2,000,000,

20 may not be made without the personal approval of the

21 President or the Attorney General and such approval may

22 not be delegated.

23 SEC. 107. Not to exceed 5 percent of any appropria24 tion made available for the current fiscal year for the De25 partment of Justice in this Act, including those derived
43

SJ 63 PCS

1 from the Violent Crime Reduction Trust Fund, may be

2 transferred between such appropriations, but no such ap3 propriation, except as otherwise specifically provided, shall

4 be increased by more than 10 percent by any such trans5 fers: Provided, That any transfer pursuant to this section

6 shall be treated as a reprogramming of funds under sec7 tion 605 of this Act and shall not be available for obliga8 tion except in compliance with the procedures set forth

9 in that section.

10 SEC. 108. Section 524(c)(8)(E) of title 28, United

11 States Code, is amended by striking the year in the date

12 therein contained and replacing the same with ‘‘1996’’.

13 SEC. 109. (a) Section 1930(a) of title 28, United

14 States Code, is amended in paragraph (3), by inserting

15 ‘‘$’’ before ‘‘800’’, and in paragraph (6), by striking every16 thing after ‘‘total less than $15,000;’’ and inserting in lieu

17 thereof: ‘‘$500 for each quarter in which disbursements

18 total $15,000 or more but less than $75,000; $750 for

19 each quarter in which disbursements total $75,000 or

20 more but less than $150,000; $1,250 for each quarter in

21 which disbursements total $150,000 or more but less than

22 $225,000; $1,500 for each quarter in which disbursements

23 total $225,000 or more but less than $300,000; $3,750

24 for each quarter in which disbursements total $300,000

25 or more but less than $1,000,000; $5,000 for each quarter
44

SJ 63 PCS

1 in which disbursements total $1,000,000 or more but less

2 than $2,000,000; $7,500 for each quarter in which dis3 bursements total $2,000,000 or more but less than

4 $3,000,000; $8,000 for each quarter in which disburse5 ments total $3,000,000 or more but less than $5,000,000;

6 $10,000 for each quarter in which disbursements total

7 $5,000,000 or more. The fee shall be payable on the last

8 day of the calendar month following the calendar quarter

9 for which the fee is owed.’’.

10 (b) Section 589a of title 28, United States Code, is

11 amended to read as follows:

12 ‘‘§ 589a. United States Trustee System Fund

13 ‘‘(a) There is hereby established in the Treasury of

14 the United States a special fund to be known as the ‘Unit15 ed States Trustee System Fund’ (hereinafter in this sec16 tion referred to as the ‘Fund’). Monies in the Fund shall

17 be available to the Attorney General without fiscal year

18 limitation in such amounts as may be specified in appro19 priations Acts for the following purposes in connection

20 with the operations of United States trustees—

21 ‘‘(1) salaries and related employee benefits;

22 ‘‘(2) travel and transportation;

23 ‘‘(3) rental of space;

24 ‘‘(4) communication, utilities, and miscellaneous

25 computer charges;
45

SJ 63 PCS

1 ‘‘(5) security investigations and audits;

2 ‘‘(6) supplies, books, and other materials for

3 legal research;

4 ‘‘(7) furniture and equipment;

5 ‘‘(8) miscellaneous services, including those ob6 tained by contract; and

7 ‘‘(9) printing.

8 ‘‘(b) For the purpose of recovering the cost of services

9 of the United States Trustee System, there shall be depos10 ited as offsetting collections to the appropriation ‘United

11 States Trustee System Fund’, to remain available until

12 expended, the following—

13 ‘‘(1) 23.08 percent of the fees collected under

14 section 1930(a)(1) of this title;

15 ‘‘(2) one-half of the fees collected under section

16 1930(a)(3) of this title;

17 ‘‘(3) one-half of the fees collected under section

18 1930(a)(4) of this title;

19 ‘‘(4) one-half of the fees collected under section

20 1930(a)(5) of this title;

21 ‘‘(5) 100 percent of the fees collected under sec22 tion 1930(a)(6) of this title;

23 ‘‘(6) three-fourths of the fees collected under

24 the last sentence of section 1930(a) of this title;
46

SJ 63 PCS

1 ‘‘(7) the compensation of trustees received

2 under section 330(d) of title 11 by the clerks of the

3 bankruptcy courts; and

4 ‘‘(8) excess fees collected under section

5 586(e)(2) of this title.

6 ‘‘(c) Amounts in the Fund which are not currently

7 needed for the purposes specified in subsection (a) shall

8 be kept on deposit or invested in obligations of, or guaran9 teed by, the United States.

10 ‘‘(d) The Attorney General shall transmit to the Con11 gress, not later than 120 days after the end of each fiscal

12 year, a detailed report on the amounts deposited in the

13 Fund and a description of expenditures made under this

14 section.

15 ‘‘(e) There are authorized to be appropriated to the

16 Fund for any fiscal year such sums as may be necessary

17 to supplement amounts deposited under subsection (b) for

18 the purposes specified in subsection (a).’’.

19 (c) Notwithstanding any other provision of law or of

20 this Act, the amendments to 28 U.S.C. 589a made by sub21 section (b) of this section shall take effect upon enactment

22 of this Act.

23 (d) Section 101(a) of Public Law 104–91, as amend24 ed by section 211 of Public Law 104–99, is further

25 amended by inserting ‘‘: Provided further, That, notwith-
47

SJ 63 PCS

1 standing any other provision of law, the fees under 28

2 U.S.C. 1930(a)(6) shall accrue and be payable from and

3 after January 27, 1996, in all cases (including, without

4 limitation, any cases pending as of that date), regardless

5 of confirmation status of their plans’’ after ‘‘enacted into

6 law’’.

7 SEC. 110. Public Law 103–414 (108 Stat. 4279) is

8 amended by inserting at its conclusion a new title IV, as

9 follows:

10 ‘‘TITLE IV—TELECOMMUNICATIONS

11 CARRIER COMPLIANCE PAYMENTS

12 ‘‘SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNI13 CATIONS CARRIER COMPLIANCE FUND.

14 ‘‘(a) ESTABLISHMENT OF FUND.—There is hereby

15 established in the United States Treasury a fund to be

16 known as the Department of Justice Telecommunications

17 Carrier Compliance Fund (hereafter referred to as ‘‘the

18 Fund’’), which shall be available without fiscal year limita19 tion to the Attorney General for making payments to tele20 communications carriers, equipment manufacturers, and

21 providers of telecommunications support services pursuant

22 to section 109 of this Act.

23 ‘‘(b) DEPOSITS TO THE FUND.—Notwithstanding

24 any other provision of law, any agency of the United

25 States with law enforcement or intelligence responsibilities
48

SJ 63 PCS

1 may deposit as offsetting collections to the Fund any un2 obligated balances that are available until expended, upon

3 compliance with any Congressional notification require4 ments for reprogrammings of funds applicable to the ap5 propriation from which the deposit is to be made.

6 ‘‘(c) TERMINATION.—

7 ‘‘(1) The Attorney General may terminate the

8 Fund at such time as the Attorney General deter9 mines that the Fund is no longer necessary.

10 ‘‘(2) Any balance in the Fund at the time of its

11 termination shall be deposited in the General Fund

12 of the Treasury.

13 ‘‘(3) A decision of the Attorney General to ter14 minate the Fund shall not be subject to judicial re15 view.

16 ‘‘(d) AVAILABILITY OF FUNDS FOR EXPENDITURE.—

17 Funds shall not be available for obligation unless an im18 plementation plan as set forth in subsection (e) is submit19 ted to each member of the Committees on the Judiciary

20 and Appropriations of both the House of Representatives

21 and the Senate and the Congress does not, by law block

22 or prevent the obligation of such funds. Such funds shall

23 be treated as a reprogramming of funds under section 605

24 of the Department of Commerce, Justice, and State, the

25 Judiciary, and Related Agencies Appropriations Act,
49

SJ 63 PCS

1 1997, and shall not be available for obligation or expendi2 ture except in compliance with the procedures set forth

3 in that section and this section.

4 ‘‘(e) IMPLEMENTATION PLAN.—The implementation

5 plan shall include:

6 ‘‘(1) the law enforcement assistance capability

7 requirements and an explanation of law enforce8 ment’s recommended interface:

9 ‘‘(2) the proposed actual and maximum capac10 ity requirements regarding the number of simulta11 neous law enforcement communication intercepts,

12 pen registers, and trap and traces devices that au13 thorized agencies may seek to conduct as well as a

14 detailed county by county listing for wireline services

15 and a detailed market service area listing for wire16 less of the relevant historical baseline electronic sur17 veillance activity on which the proposed capacity re18 quirements are based;

19 ‘‘(3) a detailed county by county listing of pro20 posed actual and maximum capacity requirements

21 for wireline services and a detailed market service

22 area listing of proposed actual and maximum capac23 ity requirements for wireless mobile services;

24 ‘‘(4) a prioritized list of embedded based tech25 nologies (those deployed prior to January 1, 1995)
50

SJ 63 PCS

1 to be modified by carriers, if necessary, in accord2 ance with law enforcement’s investigative needs and

3 the impact on electronic surveillance capabilities;

4 ‘‘(5) a projected reimbursement plan that esti5 mates for the coming fiscal year and for each fiscal

6 year thereafter, based upon the prioritization of law

7 enforcement needs as outlined in (4), those embed8 ded based technologies for modification by carriers,

9 if necessary.’’

10 SEC. 111. It is the sense of the Congress that the

11 Drug Enforcement Administration, together with other

12 appropriate Federal agencies, should take such actions as

13 may be necessary to end the illegal importation into the

14 United States of Rohypnol (flunitrazepam), a drug fre15 quently distributed with the intent to facilitate sexual as16 sault and rape.

17 SEC. 112. Section 1402 of the Victims of Crime Act

18 of 1984, as amended (42 U.S.C. 10601), is amended at

19 subsection (e) by deleting ‘‘2’’ and inserting ‘‘3’’, and at

20 subsection (d) by adding a new paragraph (5) as follows:

21 ‘‘(5) The Director may set aside up to

22 $500,000 of the reserve fund described in paragraph

23 (4) to make supplemental grants to United States

24 Attorneys Offices to provide necessary assistance to

25 victims of the bombing of the Alfred P. Murrah Fed-
51

SJ 63 PCS

1 eral Building in Oklahoma City, to facilitate obser2 vation of and/or participation by such victims in trial

3 proceedings arising therefrom, including, without

4 limitation, provision of lodging and travel assistance,

5 and to pay such other, related expenses determined

6 to be necessary by the Director.’’.

7 SEC. 113. TAGGANTS.

8 (a) Public Law 104–132 is amended by deleting sec9 tion 732(a)(2) regarding exclusions and inserting after

10 section 732(e)(2):

11 ‘‘(3) For purposes of this subsection, explosive

12 material does not include smokeless or black powder

13 manufactured for uses set forth in 18 U.S.C. 845(a)

14 (4) and (5).’’.

15 (b) Public Law 104–132 is amended by deleting sec16 tion 732(d) regarding hearings.

17 (c) Public Law 104–132 section 732(e)(2) is amend18 ed by deleting ‘‘270’’ and inserting ‘‘90’’.

19 SEC. 114. MULTIPOINT WIRETAPS.

20 (a) Section 2518(11)(b)(ii) of title 18, United States

21 Code is amended by deleting ‘‘of a purpose, on the part

22 of that person, to thwart interception by changing facili23 ties’’ and inserting ‘‘that the person had the intent to

24 thwart interception or that the person’s actions and con-
52

SJ 63 PCS

1 duct would have the effect of thwarting interception from

2 a specified facility’’.

3 (b) Section 2518(11)(b)(iii) is amended to read: ‘‘(iii)

4 the judge finds that such showing has been adequately

5 made.’’.

6 (c) The amendments made by subsection (a) and (b)

7 of this amendment shall be effective 1 day after the enact8 ment of this Act.

9 SEC. 115. AUTHORIZATION FOR INTERCEPTIONS OF COM10 MUNICATIONS IN CERTAIN TERRORISM RE11 LATED OFFENSES.

12 Section 2516(1) of title 18, United States Code, is

13 amended—

14 (1) in paragraph (c)—

15 (A) by inserting before ‘‘or section 1992

16 (relating to wrecking trains)’’ the following:

17 ‘‘section 2332 (relating to terrorist acts

18 abroad), section 2332a (relating to weapons of

19 mass destruction), section 2332b (relating to

20 acts of terrorism transcending national bound21 aries), section 2339A (relating to providing ma22 terial support to terrorists), section 37 (relating

23 to violence at international airports),’’; and

24 (B) by inserting after ‘‘section 175 (relat25 ing to biological weapons),’’ the following: ‘‘or a
53

SJ 63 PCS

1 felony violation under section 1028 (relating to

2 production of false identification documenta3 tion), sections 1541, 1542, 1543, 1544, and

4 1546 (relating to passport and visa offenses),’’;

5 (2) by striking ‘‘and’’ at the end of paragraph

6 (n);

7 (3) by redesignating paragraph (o) as para8 graph (q); and

9 (4) by inserting after paragraph (n) the follow10 ing new subparagraphs:

11 ‘‘(o) any violation of section 956 or section 960 of

12 title 18, United States Code (relating to certain actions

13 against foreign nations);

14 ‘‘(p) any violation of section 46502 of title 49, United

15 States Code; and’’.

16 This title may be cited as the ‘‘Department of Justice

17 Appropriations Act, 1997’’.
54

SJ 63 PCS

1 TITLE II—DEPARTMENT OF COMMERCE AND

2 RELATED AGENCIES

3 TRADE AND INFRASTRUCTURE DEVELOPMENT

4 RELATED AGENCIES

5 OFFICE OF THE UNITED STATES TRADE

6 REPRESENTATIVE

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of the United

9 States Trade Representative, including the hire of pas10 senger motor vehicles and the employment of experts and

11 consultants as authorized by 5 U.S.C. 3109, $21,449,000,

12 of which $2,500,000 shall remain available until expended:

13 Provided, That not to exceed $98,000 shall be available

14 for official reception and representation expenses.

15 INTERNATIONAL TRADE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the International Trade

18 Commission, including hire of passenger motor vehicles,

19 and services as authorized by 5 U.S.C. 3109, and not to

20 exceed $2,500 for official reception and representation ex21 penses, $40,850,000, to remain available until expended.
55

SJ 63 PCS

1 DEPARTMENT OF COMMERCE

2 INTERNATIONAL TRADE ADMINISTRATION

3 OPERATIONS AND ADMINISTRATION

4 For necessary expenses for international trade activi5 ties of the Department of Commerce provided for by law,

6 and engaging in trade promotional activities abroad, in7 cluding expenses of grants and cooperative agreements for

8 the purpose of promoting exports of United States firms,

9 without regard to 44 U.S.C. 3702 and 3703; full medical

10 coverage for dependent members of immediate families of

11 employees stationed overseas and employees temporarily

12 posted overseas; travel and transportation of employees of

13 the United States and Foreign Commercial Service be14 tween two points abroad, without regard to 49 U.S.C.

15 1517; employment of Americans and aliens by contract for

16 services; rental of space abroad for periods not exceeding

17 ten years, and expenses of alteration, repair, or improve18 ment; purchase or construction of temporary demountable

19 exhibition structures for use abroad; payment of tort

20 claims, in the manner authorized in the first paragraph

21 of 28 U.S.C. 2672 when such claims arise in foreign coun22 tries; not to exceed $327,000 for official representation

23 expenses abroad; purchase of passenger motor vehicles for

24 official use abroad, not to exceed $30,000 per vehicle; ob25 tain insurance on official motor vehicles; and rent tie lines
56

SJ 63 PCS

1 and teletype equipment; $270,000,000, to remain avail2 able until expended: Provided, That the provisions of the

3 first sentence of section 105(f) and all of section 108(c)

4 of the Mutual Educational and Cultural Exchange Act of

5 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car6 rying out these activities without regard to section 5412

7 of the Omnibus Trade and Competitiveness Act of 1988

8 (15 U.S.C. 4912); and that for the purpose of this Act,

9 contributions under the provisions of the Mutual Edu10 cational and Cultural Exchange Act shall include payment

11 for assessments for services provided as part of these ac12 tivities.

13 EXPORT ADMINISTRATION

14 OPERATIONS AND ADMINISTRATION

15 For necessary expenses for export administration and

16 national security activities of the Department of Com17 merce, including costs associated with the performance of

18 export administration field activities both domestically and

19 abroad; full medical coverage for dependent members of

20 immediate families of employees stationed overseas; em21 ployment of Americans and aliens by contract for services

22 abroad; rental of space abroad for periods not exceeding

23 ten years, and expenses of alteration, repair, or improve24 ment; payment of tort claims, in the manner authorized

25 in the first paragraph of 28 U.S.C. 2672 when such claims
57

SJ 63 PCS

1 arise in foreign countries; not to exceed $15,000 for offi2 cial representation expenses abroad; awards of compensa3 tion to informers under the Export Administration Act of

4 1979, and as authorized by 22 U.S.C. 401(b); purchase

5 of passenger motor vehicles for official use and motor vehi6 cles for law enforcement use with special requirement vehi7 cles eligible for purchase without regard to any price limi8 tation otherwise established by law; $36,000,000, to re9 main available until expended: Provided, That the provi10 sions of the first sentence of section 105(f) and all of sec11 tion 108(c) of the Mutual Educational and Cultural Ex12 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall

13 apply in carrying out these activities: Provided further,

14 That payments and contributions collected and accepted

15 for materials or services provided as part of such activities

16 may be retained for use in covering the cost of such activi17 ties, and for providing information to the public with re18 spect to the export administration and national security

19 activities of the Department of Commerce and other ex20 port control programs of the United States and other gov21 ernments.

22 For an additional amount for nonproliferation efforts

23 to prevent illegal exports of chemical weapon precursors,

24 biological agents, nuclear weapons and missile develop25 ment equipment, $3,900,000, to remain available until ex-
58

SJ 63 PCS

1 pended: Provided, That the entire amount is designated

2 by Congress as an emergency requirement pursuant to

3 section 251(b)(2)(D)(i) of the Balanced Budget and

4 Emergency Deficit Control Act of 1985, as amended.

5 ECONOMIC DEVELOPMENT ADMINISTRATION

6 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

7 For grants for economic development assistance as

8 provided by the Public Works and Economic Development

9 Act of 1965, as amended, Public Law 91–304, and such

10 laws that were in effect immediately before September 30,

11 1982, and for trade adjustment assistance, $328,500,000:

12 Provided, That none of the funds appropriated or other13 wise made available under this heading may be used di14 rectly or indirectly for attorneys’ or consultants’ fees in

15 connection with securing grants and contracts made by

16 the Economic Development Administration: Provided fur17 ther, That, notwithstanding any other provision of law, the

18 Secretary of Commerce may provide financial assistance

19 for projects to be located on military installations closed

20 or scheduled for closure or realignment to grantees eligible

21 for assistance under the Public Works and Economic De22 velopment Act of 1965, as amended, without it being re23 quired that the grantee have title or ability to obtain a

24 lease for the property, for the useful life of the project,

25 when in the opinion of the Secretary of Commerce, such
59

SJ 63 PCS

1 financial assistance is necessary for the economic develop2 ment of the area: Provided further, That the Secretary of

3 Commerce may, as the Secretary considers appropriate,

4 consult with the Secretary of Defense regarding the title

5 to land on military installations closed or scheduled for

6 closure or realignment.

7 SALARIES AND EXPENSES

8 For necessary expenses of administering the eco9 nomic development assistance programs as provided for by

10 law, $20,036,000: Provided, That these funds may be used

11 to monitor projects approved pursuant to title I of the

12 Public Works Employment Act of 1976, as amended, title

13 II of the Trade Act of 1974, as amended, and the Commu14 nity Emergency Drought Relief Act of 1977.

15 MINORITY BUSINESS DEVELOPMENT AGENCY

16 MINORITY BUSINESS DEVELOPMENT

17 For necessary expenses of the Department of Com18 merce in fostering, promoting, and developing minority

19 business enterprise, including expenses of grants, con20 tracts, and other agreements with public or private organi21 zations, $28,000,000: Provided, That of the total amount

22 provided, $2,000,000 shall be available for obligation and

23 expenditure only for projects jointly developed, imple24 mented and administered with the Small Business Admin25 istration.
60

SJ 63 PCS

1 ECONOMIC AND INFORMATION INFRASTRUCTURE

2 ECONOMIC AND STATISTICAL ANALYSIS

3 SALARIES AND EXPENSES

4 For necessary expenses, as authorized by law, of eco5 nomic and statistical analysis programs of the Department

6 of Commerce, $45,900,000, to remain available until Sep7 tember 30, 1998.

8 ECONOMICS AND STATISTICS ADMINISTRATION

9 REVOLVING FUND

10 The Secretary of Commerce is authorized to dissemi11 nate economic and statistical data products as authorized

12 by sections 1, 2, and 4 of Public Law 91–412 (15 U.S.C.

13 1525–1527) and, notwithstanding section 5412 of the

14 Omnibus Trade and Competitiveness Act of 1988 (15

15 U.S.C. 4912), charge fees necessary to recover the full

16 costs incurred in their production. Notwithstanding 31

17 U.S.C. 3302, receipts received from these data dissemina18 tion activities shall be credited to this account, to be avail19 able for carrying out these purposes without further ap20 propriation.

21 BUREAU OF THE CENSUS

22 SALARIES AND EXPENSES

23 For expenses necessary for collecting, compiling, ana24 lyzing, preparing, and publishing statistics, provided for

25 by law, $135,000,000.
61

SJ 63 PCS

1 PERIODIC CENSUSES AND PROGRAMS

2 For expenses necessary to collect and publish statis3 tics for periodic censuses and programs provided for by

4 law, $210,500,000, to remain available until expended.

5 NATIONAL TELECOMMUNICATIONS AND INFORMATION

6 ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses, as provided for by law, of

9 the National Telecommunications and Information Ad10 ministration, $15,000,000 to remain available until ex11 pended: Provided, That notwithstanding 31 U.S.C.

12 1535(d), the Secretary of Commerce shall charge Federal

13 agencies for costs incurred in spectrum management,

14 analysis, and operations, and related services and such

15 fees shall be retained and used as offsetting collections for

16 costs of such spectrum services, to remain available until

17 expended: Provided further, That hereafter, notwithstand18 ing any other provision of law, NTIA shall not authorize

19 spectrum use or provide any spectrum functions pursuant

20 to the NTIA Organization Act, 47 U.S.C. 902–903, to any

21 Federal entity without reimbursement as required by

22 NTIA for such spectrum management costs, and Federal

23 entities withholding payment of such cost shall not use

24 spectrum: Provided further, That the Secretary of Com25 merce is authorized to retain and use as offsetting collec-
62

SJ 63 PCS

1 tions all funds transferred, or previously transferred, from

2 other Government agencies for all costs incurred in tele3 communications research, engineering, and related activi4 ties by the Institute for Telecommunication Sciences of

5 the NTIA, in furtherance of its assigned functions under

6 this paragraph, and such funds received from other Gov7 ernment agencies shall remain available until expended.

8 PUBLIC BROADCASTING FACILITIES, PLANNING AND

9 CONSTRUCTION

10 For grants authorized by section 392 of the Commu11 nications Act of 1934, as amended, $15,250,000, to re12 main available until expended as authorized by section 391

13 of the Act, as amended: Provided, That not to exceed

14 $1,500,000 shall be available for program administration

15 as authorized by section 391 of the Act: Provided further,

16 That notwithstanding the provisions of section 391 of the

17 Act, the prior year unobligated balances may be made

18 available for grants for projects for which applications

19 have been submitted and approved during any fiscal year.

20 INFORMATION INFRASTRUCTURE GRANTS

21 For grants authorized by section 392 of the Commu22 nications Act of 1934, as amended, $21,490,000, to re23 main available until expended as authorized by section 391

24 of the Act, as amended: Provided, That not to exceed

25 $3,000,000 shall be available for program administration

26 and other support activities as authorized by section 391:
63

SJ 63 PCS

1 Provided further, That of the funds appropriated herein,

2 not to exceed 5 percent may be available for telecommuni3 cations research activities for projects related directly to

4 the development of a national information infrastructure:

5 Provided further, That notwithstanding the requirements

6 of section 392(a) and 392(c) of the Act, these funds may

7 be used for the planning and construction of telecommuni8 cations networks for the provision of educational, cultural,

9 health care, public information, public safety, or other so10 cial services.

11 PATENT AND TRADEMARK OFFICE

12 SALARIES AND EXPENSES

13 For necessary expenses of the Patent and Trademark

14 Office provided for by law, including defense of suits insti15 tuted against the Commissioner of Patents and Trade16 marks, $61,252,000, to remain available until expended:

17 Provided, That the funds made available under this head18 ing are to be derived from deposits in the Patent and

19 Trademark Office Fee Surcharge Fund as authorized by

20 law: Provided further, That the amounts made available

21 under the Fund shall not exceed amounts deposited; and

22 such fees as shall be collected pursuant to 15 U.S.C. 1113

23 and 35 U.S.C. 41 and 376, shall remain available until

24 expended.
64

SJ 63 PCS

1 SCIENCE AND TECHNOLOGY

2 TECHNOLOGY ADMINISTRATION

3 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

4 TECHNOLOGY POLICY

5 For necessary expenses for the Under Secretary for

6 Technology/Office of Technology Policy, $7,500,000: Pro7 vided, That $1,250,000 of the total amount provided

8 under this heading shall be available to support the United

9 States-Israel Science and Technology Commission.

10 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

11 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

12 For necessary expenses of the National Institute of

13 Standards and Technology, $268,000,000, to remain

14 available until expended, of which not to exceed

15 $1,625,000 may be transferred to the ‘‘Working Capital

16 Fund’’.

17 INDUSTRIAL TECHNOLOGY SERVICES

18 For necessary expenses of the Manufacturing Exten19 sion Partnership of the National Institute of Standards

20 and Technology, $95,000,000, to remain available until

21 expended, of which not to exceed $300,000 may be trans22 ferred to the ‘‘Working Capital Fund’’: Provided, That

23 notwithstanding the time limitations imposed by 15

24 U.S.C. 278k(c) (1) and (5) on the duration of Federal

25 financial assistance that may be awarded by the Sec26 retary of Commerce to Regional Centers for the transfer
65

SJ 63 PCS

1 of Manufacturing Technology (‘‘Centers’’), such Federal

2 financial assistance for a Center may continue beyond six

3 years and may be renewed for additional periods, not to

4 exceed one year each, at a rate not to exceed one-third

5 of the Center’s total annual costs, subject before any

6 such renewal to a positive evaluation of the Center and

7 to a finding by the Secretary of Commerce that continu8 ation of Federal funding to the Center is in the best in9 terest of the Regional Centers for the transfer of Manu10 facturing Technology Program.

11 In addition, for necessary expenses of the Advanced

12 Technology Program of the National Institute of Stand13 ards and Technology, $110,500,000, to remain available

14 until expended, of which not to exceed $500,000 may be

15 transferred to the ‘‘Working Capital Fund’’: Provided,

16 That funds made available under this heading may only

17 be used for the purposes of providing continuation grants.

18 NATIONAL OCEANIC AND ATMOSPHERIC

19 ADMINISTRATION

20 OPERATIONS, RESEARCH, AND FACILITIES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of activities authorized by

23 law for the National Oceanic and Atmospheric Adminis24 tration, including acquisition, maintenance, operation,

25 and hire of aircraft; not to exceed 358 commissioned offi26 cers on the active list; grants, contracts, or other pay-
66

SJ 63 PCS

1 ments to nonprofit organizations for the purposes of con2 ducting activities pursuant to cooperative agreements;

3 and alteration, modernization, and relocation of facilities

4 as authorized by 33 U.S.C. 883i; $1,848,067,000, to re5 main available until expended: Provided, That notwith6 standing 31 U.S.C. 3302 but consistent with other exist7 ing law, fees shall be assessed, collected, and credited to

8 this appropriation as offsetting collections to be available

9 until expended, to recover the costs of administering

10 aeronautical charting programs: Provided further, That

11 the sum herein appropriated from the general fund shall

12 be reduced as such additional fees are received during fis13 cal year 1997, so as to result in a final general fund ap14 propriation estimated at not more than $1,845,067,000:

15 Provided further, That any such additional fees received

16 in excess of $3,000,000 in fiscal year 1997 shall not be

17 available for obligation until October 1, 1997: Provided

18 further, That fees and donations received by the National

19 Ocean Service for the management of the national marine

20 sanctuaries may be retained and used for the salaries and

21 expenses associated with those activities, notwithstanding

22 31 U.S.C. 3302: Provided further, That in addition,

23 $66,000,000 shall be derived by transfer from the fund

24 entitled ‘‘Promote and Develop Fishery Products and Re25 search Pertaining to American Fisheries’’: Provided fur-
67

SJ 63 PCS

1 ther, That grants to States pursuant to sections 306 and

2 306A of the Coastal Zone Management Act of 1972, as

3 amended, shall not exceed $2,000,000.

4 COASTAL ZONE MANAGEMENT FUND

5 Of amounts collected pursuant to section 308 of the

6 Coastal Zone Management Act of 1972 (16 U.S.C.

7 1456a), not to exceed $7,800,000, for purposes set forth

8 in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of

9 such Act.

10 CONSTRUCTION

11 For repair and modification of, and additions to, ex12 isting facilities and construction of new facilities, and for

13 facility planning and design and land acquisition not oth14 erwise provided for the National Oceanic and Atmos15 pheric Administration, $49,750,000, to remain available

16 until expended.

17 FLEET MODERNIZATION, SHIPBUILDING AND

18 CONVERSION

19 For expenses necessary for the repair, acquisition,

20 leasing, or conversion of vessels, including related equip21 ment to maintain and modernize the existing fleet and to

22 continue planning the modernization of the fleet, for the

23 National Oceanic and Atmospheric Administration,

24 $8,000,000, to remain available until expended.
68

SJ 63 PCS

1 FISHING VESSEL AND GEAR DAMAGE COMPENSATION

2 FUND

3 For carrying out the provisions of section 3 of Pub4 lic Law 95–376, not to exceed $200,000, to be derived

5 from receipts collected pursuant to subsections (b) and

6 (f) of section 10 of the Fishermen’s Protective Act of

7 1967 (22 U.S.C. 1980), to remain available until ex8 pended.

9 FISHERMEN’S CONTINGENCY FUND

10 For carrying out the provisions of title IV of Public

11 Law 95–372, not to exceed $1,000,000, to be derived

12 from receipts collected pursuant to that Act, to remain

13 available until expended.

14 FOREIGN FISHING OBSERVER FUND

15 For expenses necessary to carry out the provisions

16 of the Atlantic Tunas Convention Act of 1975, as amend17 ed (Public Law 96–339), the Magnuson Fishery Con18 servation and Management Act of 1976, as amended

19 (Public Law 100–627), and the American Fisheries Pro20 motion Act (Public Law 96–561), to be derived from the

21 fees imposed under the foreign fishery observer program

22 authorized by these Acts, not to exceed $196,000, to re23 main available until expended.

24 FISHING VESSEL OBLIGATIONS GUARANTEES

25 For the cost of guaranteed loans, $250,000, as au26 thorized by the Merchant Marine Act of 1936, as amend-
69

SJ 63 PCS

1 ed: Provided, That such costs, including the cost of modi2 fying such loans, shall be as defined in section 502 of the

3 Congressional Budget Act of 1974: Provided further,

4 That none of the funds made available under this head5 ing may be used to guarantee loans for any new fishing

6 vessel that will increase the harvesting capacity in any

7 United States fishery.

8 GENERAL ADMINISTRATION

9 SALARIES AND EXPENSES

10 For expenses necessary for the general administra11 tion of the Department of Commerce provided for by law,

12 including not to exceed $3,000 for official entertainment,

13 $28,490,000.

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector

16 General in carrying out the provisions of the Inspector

17 General Act of 1978, as amended (5 U.S.C. App. 1–11

18 as amended by Public Law 100–504), $20,140,000.

19 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

20 CONSTRUCTION OF RESEARCH FACILITIES

21 (RESCISSION)

22 Of the obligated and unobligated balances available

23 under this heading, $16,000,000 are rescinded.
70

SJ 63 PCS

1 NATIONAL OCEANIC AND ATMOSPHERIC

2 ADMINISTRATION

3 OPERATIONS, RESEARCH, AND FACILITIES

4 (RESCISSION)

5 Of the unobligated balances available under this

6 heading, $20,000,000 are rescinded.

7 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

8 SEC. 201. During the current fiscal year, applicable

9 appropriations and funds made available to the Depart10 ment of Commerce by this Act shall be available for the

11 activities specified in the Act of October 26, 1949 (15

12 U.S.C. 1514), to the extent and in the manner prescribed

13 by the Act, and, notwithstanding 31 U.S.C. 3324, may

14 be used for advanced payments not otherwise authorized

15 only upon the certification of officials designated by the

16 Secretary that such payments are in the public interest.

17 SEC. 202. During the current fiscal year, appropria18 tions made available to the Department of Commerce by

19 this Act for salaries and expenses shall be available for

20 hire of passenger motor vehicles as authorized by 31

21 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.

22 3109; and uniforms or allowances therefor, as authorized

23 by law (5 U.S.C. 5901–5902).

24 SEC. 203. None of the funds made available by this

25 Act may be used to support the hurricane reconnaissance

26 aircraft and activities that are under the control of the
71

SJ 63 PCS

1 United States Air Force or the United States Air Force

2 Reserve.

3 SEC. 204. None of the funds provided in this or any

4 previous Act, or hereinafter made available to the Depart5 ment of Commerce, shall be available to reimburse the Un6 employment Trust Fund or any other fund or account of

7 the Treasury to pay for any expenses paid before October

8 1, 1992, as authorized by section 8501 of title 5, United

9 States Code, for services performed after April 20, 1990,

10 by individuals appointed to temporary positions within the

11 Bureau of the Census for purposes relating to the 1990

12 decennial census of population.

13 SEC. 205. Not to exceed 5 percent of any appropria14 tion made available for the current fiscal year for the De15 partment of Commerce in this Act may be transferred be16 tween such appropriations, but no such appropriation shall

17 be increased by more than 10 percent by any such trans18 fers: Provided, That any transfer pursuant to this section

19 shall be treated as a reprogramming of funds under sec20 tion 605 of this Act and shall not be available for obliga21 tion or expenditure except in compliance with the proce22 dures set forth in that section.

23 SEC. 206. (a) Should legislation be enacted to dis24 mantle or reorganize the Department of Commerce, the

25 Secretary of Commerce, no later than 90 days thereafter,
72

SJ 63 PCS

1 shall submit to the Committees on Appropriations of the

2 House and the Senate a plan for transferring funds pro3 vided in this Act to the appropriate successor organiza4 tions: Provided, That the plan shall include a proposal for

5 transferring or rescinding funds appropriated herein for

6 agencies or programs terminated under such legislation:

7 Provided further, That such plan shall be transmitted in

8 accordance with section 605 of this Act.

9 (b) The Secretary of Commerce or the appropriate

10 head of any successor organization(s) may use any avail11 able funds to carry out legislation dismantling or reor12 ganizing the Department of Commerce to cover the costs

13 of actions relating to the abolishment, reorganization, or

14 transfer of functions and any related personnel action, in15 cluding voluntary separation incentives if authorized by

16 such legislation: Provided, That the authority to transfer

17 funds between appropriations accounts that may be nec18 essary to carry out this section is provided in addition to

19 authorities included under section 205 of this Act: Pro20 vided further, That use of funds to carry out this section

21 shall be treated as a reprogramming of funds under sec22 tion 605 of this Act and shall not be available for obliga23 tion or expenditure except in compliance with the proce24 dures set forth in that section.
73

SJ 63 PCS

1 SEC. 207. Any costs incurred by a Department or

2 agency funded under this title resulting from personnel

3 actions taken in response to funding reductions included

4 in this title shall be absorbed within the total budgetary

5 resources available to such Department or agency: Pro6 vided, That the authority to transfer funds between appro7 priations accounts as may be necessary to carry out this

8 section is provided in addition to authorities included else9 where in this Act: Provided further, That use of funds to

10 carry out this section shall be treated as a reprogramming

11 of funds under section 605 of this Act and shall not be

12 available for obligation or expenditure except in compli13 ance with the procedures set forth in that section.

14 SEC. 208. None of the funds appropriated under this

15 Act or any other Act henceforth may be used to develop

16 new fishery management plans, amendments, or regula17 tions which create new individual fishing quota programs

18 (whether such quotas are transferable or not) to imple19 ment any such plans, amendments, or regulations ap20 proved by a Regional Fishery Management Council or the

21 Secretary after January 4, 1995, until offsetting fees to

22 pay for the cost of administering such plans, amendments,

23 or regulations are expressly authorized under the Magnu24 son Fishery Conservation and Management Act (16

25 U.S.C. 1801 et seq.). This restriction shall also apply to
74

SJ 63 PCS

1 any program relating to the Gulf of Mexico commercial

2 red snapper fishery that authorizes the consolidation of

3 licenses, permits, or endorsements that result in different

4 trip limits for vessels in the same class. This restriction

5 shall not apply any way to the North Pacific halibut and

6 sablefish, South Atlantic wreckfish, or the Mid-Atlantic

7 surfclam and ocean (including mahogany) quohog individ8 ual quota programs. The term ‘‘individual fishing quota’’

9 does not include a community development quota.

10 SEC. 209. The Secretary may award contracts for hy11 drographic, geodetic, and photogrammetric surveying and

12 mapping services in accordance with title IX of the Fed13 eral Property and Administrative Services Act of 1949 (40

14 U.S.C. 541 et seq.).

15 SEC. 210. There is hereby established the Bureau of

16 the Census Working Capital Fund, which shall be avail17 able without fiscal year limitation, for expenses and equip18 ment necessary for the maintenance and operation of such

19 services and projects as the Director of the Census Bureau

20 determines may be performed more advantageously when

21 centralized: Provided, That such central services shall, to

22 the fullest extent practicable, be used to make unnecessary

23 the maintenance of separate like services in the divisions

24 and offices of the Bureau: Provided further, That a sepa25 rate schedule of expenditures and reimbursements, and a
75

SJ 63 PCS

1 statement of the current assets and liabilities of the Work2 ing Capital Fund as of the close of the last completed fis3 cal year, shall be prepared each year: Provided further,

4 That notwithstanding 31 U.S.C. 3302, the Working Cap5 ital Fund may be credited with advances and reimburse6 ments from applicable appropriations of the Bureau and

7 from funds of other agencies or entities for services fur8 nished pursuant to law: Provided further, That any inven9 tories, equipment, and other assets pertaining to the serv10 ices to be provided by such funds, either on hand or on

11 order, less the related liabilities or unpaid obligations, and

12 any appropriations made hereafter for the purpose of pro13 viding capital, shall be used to capitalize the Working Cap14 ital Fund: Provided further, That the Working Capital

15 Fund shall provide for centralized services at rates which

16 will return in full all expenses of operation, including de17 preciation of fund plant and equipment, amortization of

18 automated data processing software and hardware sys19 tems, and an amount necessary to maintain a reasonable

20 operating reserve as determined by the Director.

21 This title may be cited as the ‘‘Department of Com22 merce and Related Agencies Appropriations Act, 1997’’.
76

SJ 63 PCS

1 TITLE III—THE JUDICIARY

2 SUPREME COURT OF THE UNITED STATES

3 SALARIES AND EXPENSES

4 For expenses necessary for the operation of the Su5 preme Court, as required by law, excluding care of the

6 building and grounds, including purchase or hire, driving,

7 maintenance, and operation of an automobile for the Chief

8 Justice, not to exceed $10,000 for the purpose of trans9 porting Associate Justices, and hire of passenger motor

10 vehicles as authorized by 31 U.S.C. 1343 and 1344; not

11 to exceed $10,000 for official reception and representation

12 expenses; and for miscellaneous expenses, to be expended

13 as the Chief Justice may approve; $27,157,000.

14 CARE OF THE BUILDING AND GROUNDS

15 For such expenditures as may be necessary to enable

16 the Architect of the Capitol to carry out the duties im17 posed upon him by the Act approved May 7, 1934 (40

18 U.S.C. 13a–13b), $2,800,000, of which $260,000 shall re19 main available until expended.

20 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

21 CIRCUIT

22 SALARIES AND EXPENSES

23 For salaries of the chief judge, judges, and other offi24 cers and employees, and for necessary expenses of the

25 court, as authorized by law, $15,013,000.
77

SJ 63 PCS

1 UNITED STATES COURT OF INTERNATIONAL TRADE

2 SALARIES AND EXPENSES

3 For salaries of the chief judge and eight judges, sala4 ries of the officers and employees of the court, services

5 as authorized by 5 U.S.C. 3109, and necessary expenses

6 of the court, as authorized by law, $11,114,000.

7 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

8 JUDICIAL SERVICES

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFER OF FUNDS)

11 For the salaries of circuit and district judges (includ12 ing judges of the territorial courts of the United States),

13 justices and judges retired from office or from regular ac14 tive service, judges of the United States Court of Federal

15 Claims, bankruptcy judges, magistrate judges, and all

16 other officers and employees of the Federal Judiciary not

17 otherwise specifically provided for, and necessary expenses

18 of the courts, as authorized by law, $2,556,000,000 (in19 cluding the purchase of firearms and ammunition); of

20 which not to exceed $13,454,000 shall remain available

21 until expended for space alteration projects; of which

22 $500,000 shall be transferred to the Commission on

23 Structural Alternatives for the Federal Courts of Appeals

24 only after legislation is enacted to establish the commis25 sion; of which not to exceed $10,000,000 shall remain

26 available until expended for furniture and furnishings re-
78

SJ 63 PCS

1 lated to new space alteration and construction projects;

2 and of which $500,000 is to remain available until ex3 pended for acquisition of books, periodicals, and news4 papers, and all other legal reference materials, including

5 subscriptions.

6 In addition, for expenses of the United States Court

7 of Federal Claims associated with processing cases under

8 the National Childhood Vaccine Injury Act of 1986, not

9 to exceed $2,390,000, to be appropriated from the Vaccine

10 Injury Compensation Trust Fund.

11 For an additional amount for expenses relating to ad12 ditional workload from the Antiterrorism and Effective

13 Death Penalty Act of 1996, and for Court Security needs,

14 $10,000,000, to remain available until expended: Pro15 vided, That the entire amount is designated by Congress

16 as an emergency requirement pursuant to section

17 251(b)(2)(D)(i) of the Balanced Budget and Emergency

18 Deficit Control Act of 1985, as amended: Provided further,

19 That the amount not previously designated by the Presi20 dent as an emergency requirement shall be available only

21 to the extent an official budget request, for a specific dol22 lar amount that includes designation of the entire amount

23 of the request as an emergency requirement, as defined

24 in the Balanced Budget and Emergency Deficit Control

25 Act of 1985, as amended, is transmitted to Congress.
79

SJ 63 PCS

1 VIOLENT CRIME REDUCTION PROGRAMS

2 For activities of the Federal Judiciary as authorized

3 by law, $30,000,000, to remain available until expended,

4 which shall be derived from the Violent Crime Reduction

5 Trust Fund, as authorized by section 190001(a) of Public

6 Law 103–322.

7 DEFENDER SERVICES

8 For the operation of Federal Public Defender and

9 Community Defender organizations; the compensation and

10 reimbursement of expenses of attorneys appointed to rep11 resent persons under the Criminal Justice Act of 1964,

12 as amended; the compensation and reimbursement of ex13 penses of persons furnishing investigative, expert and

14 other services under the Criminal Justice Act (18 U.S.C.

15 3006A(e)); the compensation (in accordance with Criminal

16 Justice Act maximums) and reimbursement of expenses

17 of attorneys appointed to assist the court in criminal cases

18 where the defendant has waived representation by counsel;

19 the compensation and reimbursement of travel expenses

20 of guardians ad litem acting on behalf of financially eligi21 ble minor or incompetent offenders in connection with

22 transfers from the United States to foreign countries with

23 which the United States has a treaty for the execution

24 of penal sentences; and the compensation of attorneys ap25 pointed to represent jurors in civil actions for the protec26 tion of their employment, as authorized by 28 U.S.C.
80

SJ 63 PCS

1 1875(d); $308,000,000, to remain available until ex2 pended as authorized by 18 U.S.C. 3006A(i).

3 FEES OF JURORS AND COMMISSIONERS

4 For fees and expenses of jurors as authorized by 28

5 U.S.C. 1871 and 1876; compensation of jury commis6 sioners as authorized by 28 U.S.C. 1863; and compensa7 tion of commissioners appointed in condemnation cases

8 pursuant to rule 71A(h) of the Federal Rules of Civil Pro9 cedure (28 U.S.C. Appendix Rule 71A(h)); $67,000,000,

10 to remain available until expended: Provided, That the

11 compensation of land commissioners shall not exceed the

12 daily equivalent of the highest rate payable under section

13 5332 of title 5, United States Code.

14 COURT SECURITY

15 For necessary expenses, not otherwise provided for,

16 incident to the procurement, installation, and maintenance

17 of security equipment and protective services for the Unit18 ed States Courts in courtrooms and adjacent areas, in19 cluding building ingress-egress control, inspection of pack20 ages, directed security patrols, and other similar activities

21 as authorized by section 1010 of the Judicial Improvement

22 and Access to Justice Act (Public Law 100–702);

23 $127,000,000, to be expended directly or transferred to

24 the United States Marshals Service which shall be respon25 sible for administering elements of the Judicial Security

26 Program consistent with standards or guidelines agreed
81

SJ 63 PCS

1 to by the Director of the Administrative Office of the Unit2 ed States Courts and the Attorney General.

3 ADMINISTRATIVE OFFICE OF THE UNITED STATES

4 COURTS

5 SALARIES AND EXPENSES

6 For necessary expenses of the Administrative Office

7 of the United States Courts as authorized by law, includ8 ing travel as authorized by 31 U.S.C. 1345, hire of a pas9 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

10 advertising and rent in the District of Columbia and else11 where, $49,450,000, of which not to exceed $7,500 is au12 thorized for official reception and representation expenses.

13 FEDERAL JUDICIAL CENTER

14 SALARIES AND EXPENSES

15 For necessary expenses of the Federal Judicial Cen16 ter, as authorized by Public Law 90–219, $17,495,000;

17 of which $1,800,000 shall remain available through Sep18 tember 30, 1998, to provide education and training to

19 Federal court personnel; and of which not to exceed

20 $1,000 is authorized for official reception and representa21 tion expenses.

22 JUDICIAL RETIREMENT FUNDS

23 PAYMENT TO JUDICIARY TRUST FUNDS

24 For payment to the Judicial Officers’ Retirement

25 Fund, as authorized by 28 U.S.C. 377(o), $21,000,000,
82

SJ 63 PCS

1 to the Judicial Survivors’ Annuities Fund, as authorized

2 by 28 U.S.C. 376(c), $7,300,000, and to the United

3 States Court of Federal Claims Judges’ Retirement Fund,

4 as authorized by 28 U.S.C. 178(l), $1,900,000.

5 UNITED STATES SENTENCING COMMISSION

6 SALARIES AND EXPENSES

7 For the salaries and expenses necessary to carry out

8 the provisions of chapter 58 of title 28, United States

9 Code, $8,490,000, of which not to exceed $1,000 is au10 thorized for official reception and representation expenses.

11 GENERAL PROVISIONS—THE JUDICIARY

12 SEC. 301. Appropriations and authorizations made in

13 this title which are available for salaries and expenses shall

14 be available for services as authorized by 5 U.S.C. 3109.

15 SEC. 302. Appropriations made in this title shall be

16 available for salaries and expenses of the Special Court

17 established under the Regional Rail Reorganization Act of

18 1973, Public Law 93–236.

19 SEC. 303. Not to exceed 5 percent of any appropria20 tion made available for the current fiscal year for the Judi21 ciary in this Act may be transferred between such appro22 priations, but no such appropriation, except ‘‘Courts of

23 Appeals, District Courts, and other Judicial Services, De24 fender Services’’ and ‘‘Courts of Appeals, District Courts,

25 and other Judicial Services, Fees of Jurors and Commis-
83

SJ 63 PCS

1 sioners’’, shall be increased by more than 10 percent by

2 any such transfers: Provided, That any transfer pursuant

3 to this section shall be treated as a reprogramming of

4 funds under section 605 of this Act and shall not be avail5 able for obligation or expenditure except in compliance

6 with the procedures set forth in that section.

7 SEC. 304. Notwithstanding any other provision of

8 law, the salaries and expenses appropriation for district

9 courts, courts of appeals, and other judicial services shall

10 be available for official reception and representation ex11 penses of the Judicial Conference of the United States:

12 Provided, That such available funds shall not exceed

13 $10,000 and shall be administered by the Director of the

14 Administrative Office of the United States Courts in his

15 capacity as Secretary of the Judicial Conference.

16 SEC. 305. Section 612(l) of title 28, United States

17 Code, shall be amended as follows: strike ‘‘1997’’, and in18 sert in lieu thereof ‘‘1998’’.

19 SEC. 306. None of the funds available to the Judici20 ary in fiscal years 1996 and 1997 and hereafter shall be

21 available for expenses authorized pursuant to section

22 802(a) of title VIII of section 101(a) of title I of the Om23 nibus Consolidated Rescissions and Appropriations Act of

24 1996, Public Law 104–134, for costs related to the ap25 pointment of Special Masters prior to April 26, 1996.
84

SJ 63 PCS

1 SEC. 307. (a) ESTABLISHMENT AND FUNCTIONS OF

2 COMMISSION.—

3 (1) ESTABLISHMENT.—There is established a

4 Commission on Structural Alternatives for the Fed5 eral Courts of Appeals (hereinafter referred to as

6 the ‘‘Commission’’).

7 (2) FUNCTIONS.—The function of the Commis8 sion shall be to—

9 (A) study the present division of the Unit10 ed States into the several judicial circuits;

11 (B) study the structure and alignment of

12 the Federal courts of appeals with particular

13 reference to the ninth circuit; and

14 (C) report to the President and Congress

15 its recommendations for such changes in circuit

16 boundaries or structure as may be appropriate

17 for the expeditious and effective disposition of

18 the caseload of the Federal Courts of Appeal,

19 consistent with fundamental concepts of fair20 ness and due process.

21 (b) MEMBERSHIP.—

22 (1) COMPOSITION.—The Commission shall be

23 composed of eleven members appointed as follows:

24 (A) Two members appointed by the Presi25 dent of the United States.
85

SJ 63 PCS

1 (B) Three members appointed by the ma2 jority leader of the Senate, in consultation with

3 the minority leader of the Senate.

4 (C) Three members appointed by the

5 Speaker of the House of Representatives, in

6 consultation with the minority leader of the

7 House of Representatives.

8 (D) Three members appointed by the Chief

9 Justice of the United States Supreme Court.

10 (2) VACANCY.—Any vacancy in the Commission

11 shall be filled in the same manner as the original ap12 pointment.

13 (3) CHAIR.—The Commission shall elect a

14 Chair and Vice Chair from among its members.

15 (4) QUORUM.—Six members of the Commission

16 shall constitute a quorum, but three may conduct

17 hearings.

18 (c) COMPENSATION.—

19 (1) IN GENERAL.—Members of the Commission

20 who are officers, or full-time employees, of the Unit21 ed States shall receive no compensation for their

22 services, but shall be reimbursed for travel, subsist23 ence, and other necessary expenses incurred in the

24 performance of duties vested in the Commission, but
86

SJ 63 PCS

1 not in excess of the maximum amounts authorized

2 under section 456 of title 28, United States Code.

3 (2) PRIVATE MEMBERS.—Members of the Com4 mission from private life shall receive $200 per diem

5 for each day (including travel time) during which the

6 member is engaged in the actual performance of du7 ties vested in the Commission, plus reimbursement

8 for travel, subsistence, and other necessary expenses

9 incurred in the performance of such duties, but not

10 in excess of the maximum amounts authorized under

11 section 456 of title 28, United States Code.

12 (d) PERSONNEL.—

13 (1) EXECUTIVE DIRECTOR.—The Commission

14 may appoint an Executive Director who shall receive

15 compensation at a rate not exceeding the rate pre16 scribed for level V of the Executive Schedule under

17 section 5316 of title V, United States Code.

18 (2) STAFF.—The Executive Director, with ap19 proval of the Commission, may appoint and fix the

20 compensation of such additional personnel as he de21 termines necessary, without regard to the provisions

22 of title 5, United States Code, governing appoint23 ments in the competitive service or the provisions of

24 chapter 51 and subchapter III of chapter 53 of such

25 title relating to classification and General Schedule
87

SJ 63 PCS

1 pay rates. Compensation under this subsection shall

2 not exceed the annual maximum rate of basic pay

3 for a position above GS–15 of the General Schedule

4 under section 5108 of title 5, United States Code.

5 (3) EXPERTS AND CONSULTANTS.—The Execu6 tive Director may procure personal services of ex7 perts and consultants as authorized by section 3109

8 of title 5, United States Code, at rates not to exceed

9 the highest level payable under the General Schedule

10 pay rates under section 5332 of title 5, United

11 States Code.

12 (4) SERVICES.—The Administrative Office of

13 the United States Courts shall provide administra14 tive services, including financial and budgeting serv15 ices, for the Commission on a reimbursable basis.

16 The Federal Judicial Center shall provide necessary

17 research services on a reimbursable basis.

18 (e) INFORMATION.—The Commission is authorized to

19 request from any department, agency, or independent in20 strumentality of the Government any information and as21 sistance it determines necessary to carry out its functions

22 under this title and each such department, agency, and

23 independent instrumentality is authorized to provide such

24 information and assistance to the extent permitted by law

25 when requested by the Chair of the Commission.
88

SJ 63 PCS

1 (f) REPORT.—The Commission shall transmit its re2 port to the President and the Congress no later than one

3 year after enactment of this Act. The Commission shall

4 terminate ninety days after the date of the submission of

5 its report.

6 (g) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to the Commission such

8 sums, not to exceed $500,000, as may be necessary to

9 carry out the purposes of this title. Such sums as are ap10 propriated shall remain available until expended.

11 (h) CONGRESSIONAL CONSIDERATION.—Within sixty

12 days of the transmission of the report, the Committee on

13 the Judiciary of the Senate shall act on the report.

14 This title may be cited as ‘‘The Judiciary Appropria15 tions Act, 1997’’.

16 TITLE IV—DEPARTMENT OF STATE AND

17 RELATED AGENCIES

18 DEPARTMENT OF STATE

19 ADMINISTRATION OF FOREIGN AFFAIRS

20 DIPLOMATIC AND CONSULAR PROGRAMS

21 For necessary expenses of the Department of State

22 and the Foreign Service not otherwise provided for, includ23 ing expenses authorized by the State Department Basic

24 Authorities Act of 1956, as amended; representation to

25 certain international organizations in which the United
89

SJ 63 PCS

1 States participates pursuant to treaties, ratified pursuant

2 to the advice and consent of the Senate, or specific Acts

3 of Congress; acquisition by exchange or purchase of pas4 senger motor vehicles as authorized by 31 U.S.C. 1343,

5 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for expenses

6 of general administration; $1,700,450,000: Provided, That

7 notwithstanding section 140(a)(5), and the second sen8 tence of section 140(a)(3), of the Foreign Relations Au9 thorization Act, Fiscal Years 1994 and 1995 (Public Law

10 103–236), not to exceed $150,000,000 of fees may be col11 lected during fiscal year 1997 under the authority of sec12 tion 140(a)(1) of that Act: Provided further, That all fees

13 collected under the preceding proviso shall be deposited

14 in fiscal year 1997 as an offsetting collection to appropria15 tions made under this heading to recover the costs of pro16 viding consular services and shall remain available until

17 expended: Provided further, That in fiscal year 1998, a

18 system shall be in place that allocates to each department

19 and agency the full cost of its presence outside of the Unit20 ed States.

21 Of the funds provided under this heading,

22 $24,856,000 shall be available only for the Diplomatic

23 Telecommunications Service for operation of existing base

24 services and not to exceed $17,230,000 shall be available

25 only for the enhancement of the Diplomatic Telecommuni-
90

SJ 63 PCS

1 cations Service and shall remain available until expended.

2 Of the latter amount, $2,500,000 shall not be made avail3 able until expiration of the 15 day period beginning on

4 the date when the Secretary of State and the Director of

5 the Diplomatic Telecommunications Service submit the

6 pilot program report required by section 507 of Public

7 Law 103–317.

8 In addition, not to exceed $700,000 in registration

9 fees collected pursuant to section 38 of the Arms Export

10 Control Act, as amended, may be used in accordance with

11 section 45 of the State Department Basic Authorities Act

12 of 1956 (22 U.S.C. 2717); and in addition not to exceed

13 $1,223,000 shall be derived from fees collected from other

14 executive agencies for lease or use of facilities located at

15 the International Center in accordance with section 4 of

16 the International Center Act (Public Law 90–553), as

17 amended; and in addition, as authorized by section 5 of

18 such Act, $450,000, to be derived from the reserve author19 ized by that section, to be used for the purposes set out

20 in that section; and in addition not to exceed $15,000

21 which shall be derived from reimbursements, surcharges,

22 and fees for use of Blair House facilities in accordance

23 with section 46 of the State of Department Basic Authori24 ties Act of 1956 (22 U.S.C. 2718(a)).
91

SJ 63 PCS

1 Notwithstanding section 402 of this Act, not to ex2 ceed 20 percent of the amounts made available in this Act

3 in the appropriation accounts ‘‘Diplomatic and Consular

4 Programs’’ and ‘‘Salaries and Expenses’’ under the head5 ing ‘‘Administration of Foreign Affairs’’ may be trans6 ferred between such appropriation accounts: Provided,

7 That any transfer pursuant to this sentence shall be treat8 ed as a reprogramming of funds under section 605 of this

9 Act and shall not be available for obligation or expenditure

10 except in compliance with the procedures set forth in that

11 section.

12 For an additional amount for counterterrorism re13 quirements overseas, including security guards and equip14 ment, $23,700,000, to remain available until expended:

15 Provided, That the entire amount is designated by Con16 gress as an emergency requirement pursuant to section

17 251(b)(2)(D)(i) of the Balanced Budget and Emergency

18 Deficit Control Act of 1985, as amended.

19 SALARIES AND EXPENSES

20 For expenses necessary for the general administra21 tion of the Department of State and the Foreign Service,

22 provided for by law, including expenses authorized by sec23 tion 9 of the Act of August 31, 1964, as amended (31

24 U.S.C. 3721), and the State Department Basic Authori25 ties Act of 1956, as amended, $352,300,000.
92

SJ 63 PCS

1 CAPITAL INVESTMENT FUND

2 For necessary expenses of the Capital Investment

3 Fund, $24,600,000, to remain available until expended,

4 as authorized in Public Law 103–236: Provided, That sec5 tion 135(e) of Public Law 103–236 shall not apply to

6 funds appropriated under this heading.

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

10 General Act of 1978, as amended (5 U.S.C. App.),

11 $27,495,000, notwithstanding section 209(a)(1) of the

12 Foreign Service Act of 1980, as amended (Public Law 96–

13 465), as it relates to post inspections: Provided, That not14 withstanding any other provision of law, the merger of the

15 Office of the Inspector General of the United States Infor16 mation Agency with the Office of the Inspector General

17 of the Department of State provided for in the Depart18 ments of Commerce, Justice, and State, the Judiciary and

19 Related Agencies Appropriations Act, 1996, contained in

20 Public Law 104–134, is effective hereafter.

21 REPRESENTATION ALLOWANCES

22 For representation allowances as authorized by sec23 tion 905 of the Foreign Service Act of 1980, as amended

24 (22 U.S.C. 4085), $4,490,000.
93

SJ 63 PCS

1 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

2 For expenses, not otherwise provided, to enable the

3 Secretary of State to provide for extraordinary protective

4 services in accordance with the provisions of section 214

5 of the State Department Basic Authorities Act of 1956

6 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,332,000, to re7 main available until September 30, 1998.

8 SECURITY AND MAINTENANCE OF UNITED STATES

9 MISSIONS

10 For necessary expenses for carrying out the Foreign

11 Service Buildings Act of 1926, as amended (22 U.S.C.

12 292–300), and the Diplomatic Security Construction Pro13 gram as authorized by title IV of the Omnibus Diplomatic

14 Security and Antiterrorism Act of 1986 (22 U.S.C. 4851),

15 $364,495,000, to remain available until expended as au16 thorized by section 24(c) of the State Department Basic

17 Authorities Act of 1956 (22 U.S.C. 2696(c)): Provided,

18 That none of the funds appropriated in this paragraph

19 shall be available for acquisition of furniture and furnish20 ings and generators for other departments and agencies.

21 For an additional amount for security improvements,

22 necessary relocation expenses, and security equipment for

23 United States diplomatic facilities and missions overseas,

24 $24,825,000, to remain available until expended: Pro25 vided, That of this amount $9,400,000 is for security

26 projects on behalf of United States and Foreign Commer-
94

SJ 63 PCS

1 cial Service missions and $1,125,000 is for security

2 projects on behalf of United States Information Agency

3 missions: Provided further, That the entire amount is des4 ignated by Congress as an emergency requirement pursu5 ant to section 251(6)(2)(D)(i) of the Balanced Budget and

6 Emergency Deficit Control Act of 1985, as amended: Pro7 vided further, That the amount not previously designated

8 by the President as an emergency requirement shall be

9 available only to the extent an official budget request, for

10 a specific dollar amount that includes designation of the

11 entire amount of the request as an emergency require12 ment, as defined in the Balanced Budget and Emergency

13 Deficit Control Act of 1985, as amended, is transmitted

14 to Congress.

15 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

16 SERVICE

17 For expenses necessary to enable the Secretary of

18 State to meet unforeseen emergencies arising in the Diplo19 matic and Consular Service pursuant to the requirement

20 of 31 U.S.C. 3526(e), $5,800,000, to remain available

21 until expended as authorized by section 24(c) of the State

22 Department Basic Authorities Act of 1956 (22 U.S.C.

23 2696(c)), of which not to exceed $1,000,000 may be trans24 ferred to and merged with the Repatriation Loans Pro25 gram Account, subject to the same terms and conditions.
95

SJ 63 PCS

1 REPATRIATION LOANS PROGRAM ACCOUNT

2 For the cost of direct loans, $593,000, as authorized

3 by section 4 of the State Department Basic Authorities

4 Act of 1956 (22 U.S.C. 2671): Provided, That such costs,

5 including the cost of modifying such loans, shall be as de6 fined in section 502 of the Congressional Budget Act of

7 1974. In addition, for administrative expenses necessary

8 to carry out the direct loan program, $663,000 which may

9 be transferred to and merged with the Salaries and Ex10 penses account under Administration of Foreign Affairs.

11 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

12 For necessary expenses to carry out the Taiwan Rela13 tions Act, Public Law 96–8 (93 Stat. 14), $14,490,000.

14 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

15 DISABILITY FUND

16 For payment to the Foreign Service Retirement and

17 Disability Fund, as authorized by law, $126,491,000.

18 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

19 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

20 For expenses, not otherwise provided for, necessary

21 to meet annual obligations of membership in international

22 multilateral organizations, pursuant to treaties ratified

23 pursuant to the advice and consent of the Senate, conven24 tions or specific Acts of Congress, $875,000,000: Pro25 vided, That any payment of arrearages shall be directed

26 toward special activities that are mutually agreed upon by
96

SJ 63 PCS

1 the United States and the respective international organi2 zation: Provided further, That 20 percent of the funds ap3 propriated in this paragraph for the assessed contribution

4 of the United States to the United Nations shall be with5 held from obligation and expenditure until a certification

6 is made under section 401(b) of Public Law 103–236 for

7 fiscal year 1997: Provided further, That certification under

8 section 401(b) of Public Law 103–236 for fiscal year 1997

9 may only be made if the Committees on Appropriations

10 and Foreign Relations of the Senate and the Committees

11 on Appropriations and International Relations of the

12 House of Representatives are notified of the steps taken,

13 and anticipated, to meet the requirements of section

14 401(b) of Public Law 103–236 at least 15 days in advance

15 of the proposed certification: Provided further, That none

16 of the funds appropriated in this paragraph shall be avail17 able for a United States contribution to an international

18 organization for the United States share of interest costs

19 made known to the United States Government by such

20 organization for loans incurred on or after October 1,

21 1984, through external borrowings: Provided further, That

22 of the funds appropriated in this paragraph, $80,000,000

23 may be made available only in quarterly installments of

24 $20,000,000 pursuant to a certification by the Secretary

25 of State on a quarterly basis that the United Nations has
97

SJ 63 PCS

1 taken no action to increase funding for any United Na2 tions program without identifying during such quarter an

3 offsetting decrease elsewhere in the United Nations budg4 et; and that the United Nations has taken no action to

5 exceed its no growth budget for the biennium 1996–1997

6 adopted in December, 1995: Provided further, That if for

7 any quarter, the Secretary of State is unable to make the

8 aforementioned certification, the $20,000,000 is to be ap9 plied to paying the current year assessment for other

10 international organizations for which the assessment has

11 not been paid in full or to paying the assessment due in

12 the next fiscal year for such organizations, subject to the

13 reprogramming procedures contained in section 605 of

14 this Act: Provided further, That notwithstanding section

15 402 of this Act, not to exceed $10,000,000 may be trans16 ferred from the funds made available under this heading

17 to the ‘‘International Conferences and Contingencies’’ ac18 count for assessed contributions to new or provisional

19 international organizations: Provided further, That any

20 transfer pursuant to this paragraph shall be treated as

21 a reprogramming of funds under section 605 of this Act

22 and shall not be available for obligation or expenditure ex23 cept in compliance with the procedures set forth in that

24 section.
98

SJ 63 PCS

1 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

2 ACTIVITIES

3 For necessary expenses to pay assessed and other ex4 penses of international peacekeeping activities directed to

5 the maintenance or restoration of international peace and

6 security, $282,600,000: Provided, That none of the funds

7 made available under this Act shall be obligated or ex8 pended for any new or expanded United Nations peace9 keeping mission unless, at least fifteen days in advance

10 of voting for the new or expanded mission in the United

11 Nations Security Council (or in an emergency, as far in

12 advance as is practicable), (1) the Committees on Appro13 priations of the House of Representatives and the Senate

14 and other appropriate Committees of the Congress are no15 tified of the estimated cost and length of the mission, the

16 vital national interest that will be served, and the planned

17 exit strategy; and (2) a reprogramming of funds pursuant

18 to section 605 of this Act is submitted, and the procedures

19 therein followed, setting forth the source of funds that will

20 be used to pay for the cost of the new or expanded mission:

21 Provided further, That funds shall be available for peace22 keeping expenses only upon a certification by the Sec23 retary of State to the appropriate committees of the Con24 gress that American manufacturers and suppliers are

25 being given opportunities to provide equipment, services,
99

SJ 63 PCS

1 and material for United Nations peacekeeping activities

2 equal to those being given to foreign manufacturers and

3 suppliers.

4 INTERNATIONAL COMMISSIONS

5 For necessary expenses, not otherwise provided for,

6 to meet obligations of the United States arising under

7 treaties, or specific Acts of Congress, as follows:

8 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

9 UNITED STATES AND MEXICO

10 For necessary expenses for the United States Section

11 of the International Boundary and Water Commission,

12 United States and Mexico, and to comply with laws appli13 cable to the United States Section, including not to exceed

14 $6,000 for representation; as follows:

15 SALARIES AND EXPENSES

16 For salaries and expenses, not otherwise provided for,

17 $15,490,000.

18 CONSTRUCTION

19 For detailed plan preparation and construction of au20 thorized projects, $6,463,000, to remain available until ex21 pended, as authorized by section 24(c) of the State De22 partment Basic Authorities Act of 1956 (22 U.S.C.

23 2696(c)).

24 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

25 For necessary expenses, not otherwise provided for

26 the International Joint Commission and the International
100

SJ 63 PCS

1 Boundary Commission, United States and Canada, as au2 thorized by treaties between the United States and Can3 ada or Great Britain, and for the Border Environment

4 Cooperation Commission as authorized by Public Law

5 103–182; $5,490,000, of which not to exceed $9,000 shall

6 be available for representation expenses incurred by the

7 International Joint Commission.

8 INTERNATIONAL FISHERIES COMMISSIONS

9 For necessary expenses for international fisheries

10 commissions, not otherwise provided for, as authorized by

11 law, $14,549,000: Provided, That the United States’ share

12 of such expenses may be advanced to the respective com13 missions, pursuant to 31 U.S.C. 3324.

14 OTHER

15 PAYMENT TO THE ASIA FOUNDATION

16 For a grant to the Asia Foundation, as authorized

17 by section 501 of Public Law 101–246, $8,000,000, to

18 remain available until expended, as authorized by section

19 24(c) of the State Department Basic Authorities Act of

20 1956 (22 U.S.C. 2696(c)).

21 RELATED AGENCIES

22 ARMS CONTROL AND DISARMAMENT AGENCY

23 ARMS CONTROL AND DISARMAMENT ACTIVITIES

24 For necessary expenses not otherwise provided, for

25 arms control, nonproliferation, and disarmament activi26 ties, $30,000,000, of which not to exceed $50,000 shall
101

SJ 63 PCS

1 be for official reception and representation expenses as au2 thorized by the Act of September 26, 1961, as amended

3 (22 U.S.C. 2551 et seq.).

4 UNITED STATES INFORMATION AGENCY

5 SALARIES AND EXPENSES

6 For expenses, not otherwise provided for, necessary

7 to enable the United States Information Agency, as au8 thorized by the Mutual Educational and Cultural Ex9 change Act of 1961, as amended (22 U.S.C. 2451 et seq.),

10 the United States Information and Educational Exchange

11 Act of 1948, as amended (22 U.S.C. 1431 et seq.), and

12 Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to

13 carry out international communication, educational and

14 cultural activities; and to carry out related activities au15 thorized by law, including employment, without regard to

16 civil service and classification laws, of persons on a tem17 porary basis (not to exceed $700,000 of this appropria18 tion), as authorized by section 801 of such Act of 1948

19 (22 U.S.C. 1471), and entertainment, including official re20 ceptions, within the United States, not to exceed $25,000

21 as authorized by section 804(3) of such Act of 1948 (22

22 U.S.C. 1474(3)); $440,000,000: Provided, That not to ex23 ceed $1,400,000 may be used for representation abroad

24 as authorized by section 302 of such Act of 1948 (22

25 U.S.C. 1452) and section 905 of the Foreign Service Act
102

SJ 63 PCS

1 of 1980 (22 U.S.C. 4085): Provided further, That not to

2 exceed $7,615,000, to remain available until expended,

3 may be credited to this appropriation from fees or other

4 payments received from or in connection with English

5 teaching, library, motion pictures, student advising and

6 counseling, and publication programs as authorized by

7 section 810 of such Act of 1948 (22 U.S.C. 1475e): Pro8 vided further, That not to exceed $1,100,000 to remain

9 available until expended may be used to carry out projects

10 involving security construction and related improvements

11 for agency facilities not physically located together with

12 Department of State facilities abroad.

13 For an additional amount for necessary expenses re14 lating to security, $1,375,000: Provided, That the entire

15 amount is designated by Congress as an emergency re16 quirement pursuant to section 251(b)(2)(D)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985,

18 as amended.

19 TECHNOLOGY FUND

20 For expenses necessary to enable the United States

21 Information Agency to provide for the procurement of in22 formation technology improvements, as authorized by the

23 United States Information and Educational Exchange Act

24 of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual

25 Educational and Cultural Exchange Act of 1961, as

26 amended (22 U.S.C. 2451 et seq.), and Reorganization
103

SJ 63 PCS

1 Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to re2 main available until expended.

3 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

4 For expenses of educational and cultural exchange

5 programs, as authorized by the Mutual Educational and

6 Cultural Exchange Act of 1961, as amended (22 U.S.C.

7 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91

8 Stat. 1636), $184,000,000, to remain available until ex9 pended as authorized by section 105 of such Act of 1961

10 (22 U.S.C. 2455).

11 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

12 FUND

13 For necessary expenses of Eisenhower Exchange Fel14 lowships, Incorporated, as authorized by sections 4 and

15 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

16 U.S.C. 5204–5205), all interest and earnings accruing to

17 the Eisenhower Exchange Fellowship Program Trust

18 Fund on or before September 30, 1997, to remain avail19 able until expended: Provided, That none of the funds ap20 propriated herein shall be used to pay any salary or other

21 compensation, or to enter into any contract providing for

22 the payment thereof, in excess of the rate authorized by

23 5 U.S.C. 5376; or for purposes which are not in accord24 ance with OMB Circulars A–110 (Uniform Administrative

25 Requirements) and A–122 (Cost Principles for Non-profit
104

SJ 63 PCS

1 Organizations), including the restrictions on compensation

2 for personal services.

3 ISRAELI ARAB SCHOLARSHIP PROGRAM

4 For necessary expenses of the Israeli Arab Scholar5 ship Program as authorized by section 214 of the Foreign

6 Relations Authorization Act, Fiscal Years 1992 and 1993

7 (22 U.S.C. 2452), all interest and earnings accruing to

8 the Israeli Arab Scholarship Fund on or before September

9 30, 1997, to remain available until expended.

10 INTERNATIONAL BROADCASTING OPERATIONS

11 For expenses necessary to enable the United States

12 Information Agency, as authorized by the United States

13 Information and Educational Exchange Act of 1948, as

14 amended, the United States International Broadcasting

15 Act of 1994, as amended, and Reorganization Plan No.

16 2 of 1977, to carry out international communication ac17 tivities; $325,000,000, of which not to exceed $16,000

18 may be used for official receptions within the United

19 States as authorized by section 804(3) of such Act of 1948

20 (22 U.S.C. 1474(3)), not to exceed $35,000 may be used

21 for representation abroad as authorized by section 302 of

22 such Act of 1948 (22 U.S.C. 1452) and section 905 of

23 the Foreign Service Act of 1980 (22 U.S.C. 4085), and

24 not to exceed $39,000 may be used for official reception

25 and representation expenses of Radio Free Europe/Radio

26 Liberty; and in addition, not to exceed $250,000 from fees
105

SJ 63 PCS

1 as authorized by section 810 of such Act of 1948 (22

2 U.S.C. 1475e), to remain available until expended for car3 rying out authorized purposes; and in addition, notwith4 standing any other provision of law, not to exceed

5 $1,000,000 in monies received (including receipts from ad6 vertising, if any) by or for the use of the United States

7 Information Agency from or in connection with broadcast8 ing resources owned by or on behalf of the Agency, to be

9 available until expended for carrying out authorized pur10 poses.

11 BROADCASTING TO CUBA

12 For expenses necessary to enable the United States

13 Information Agency to carry out the Radio Broadcasting

14 to Cuba Act, as amended, the Television Broadcasting to

15 Cuba Act, and the International Broadcasting Act of

16 1994, including the purchase, rent, construction, and im17 provement of facilities for radio and television trans18 mission and reception, and purchase and installation of

19 necessary equipment for radio and television transmission

20 and reception, $25,000,000, to remain available until ex21 pended.

22 RADIO CONSTRUCTION

23 For the purchase, rent, construction, and improve24 ment of facilities for radio transmission and reception, and

25 purchase and installation of necessary equipment for radio

26 and television transmission and reception as authorized by
106

SJ 63 PCS

1 section 801 of the United States Information and Edu2 cational Exchange Act of 1948 (22 U.S.C. 1471),

3 $35,490,000, to remain available until expended, as au4 thorized by section 704(a) of such Act of 1948 (22 U.S.C.

5 1477b(a)).

6 EAST-WEST CENTER

7 To enable the Director of the United States Informa8 tion Agency to provide for carrying out the provisions of

9 the Center for Cultural and Technical Interchange Be10 tween East and West Act of 1960 (22 U.S.C. 2054–2057),

11 by grant to the Center for Cultural and Technical Inter12 change Between East and West in the State of Hawaii,

13 $10,000,000: Provided, That none of the funds appro14 priated herein shall be used to pay any salary, or enter

15 into any contract providing for the payment thereof, in

16 excess of the rate authorized by 5 U.S.C. 5376.

17 NORTH/SOUTH CENTER

18 To enable the Director of the United States Informa19 tion Agency to provide for carrying out the provisions of

20 the North/South Center Act of 1991 (22 U.S.C. 2075),

21 by grant to an educational institution in Florida known

22 as the North/South Center, $1,495,000, to remain avail23 able until expended.

24 NATIONAL ENDOWMENT FOR DEMOCRACY

25 For grants made by the United States Information

26 Agency to the National Endowment for Democracy as au-
107

SJ 63 PCS

1 thorized by the National Endowment for Democracy Act,

2 $30,000,000, to remain available until expended.

3 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

4 RELATED AGENCIES

5 SEC. 401. Funds appropriated under this title shall

6 be available, except as otherwise provided, for allowances

7 and differentials as authorized by subchapter 59 of 5

8 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

9 hire of passenger transportation pursuant to 31 U.S.C.

10 1343(b).

11 SEC. 402. Not to exceed 5 percent of any appropria12 tion made available for the current fiscal year for the De13 partment of State in this Act may be transferred between

14 such appropriations, but no such appropriation, except as

15 otherwise specifically provided, shall be increased by more

16 than 10 percent by any such transfers: Provided, That not

17 to exceed 5 percent of any appropriation made available

18 for the current fiscal year for the United States Informa19 tion Agency in this Act may be transferred between such

20 appropriations, but no such appropriation, except as oth21 erwise specifically provided, shall be increased by more

22 than 10 percent by any such transfers: Provided further,

23 That any transfer pursuant to this section shall be treated

24 as a reprogramming of funds under section 605 of this

25 Act and shall not be available for obligation or expenditure
108

SJ 63 PCS

1 except in compliance with the procedures set forth in that

2 section.

3 SEC. 403. Funds hereafter appropriated or otherwise

4 made available under this Act or any other Act may be

5 expended for compensation of the United States Commis6 sioner of the International Boundary Commission, United

7 States and Canada, only for actual hours worked by such

8 Commissioner.

9 SEC. 404. Funds appropriated by this Act for the

10 United States Information Agency, the Arms Control and

11 Disarmament Agency, and the Department of State may

12 be obligated and expended notwithstanding section 701 of

13 the United States Information and Educational Exchange

14 Act of 1948 and section 313 of the Foreign Relations Au15 thorization Act, Fiscal Years 1994 and 1995, section 53

16 of the Arms Control and Disarmament Act, and section

17 15 of the State Department Basic Authorities Act of

18 1956.

19 SEC. 405. Any costs incurred by a Department or

20 agency funded under this title resulting from personnel

21 actions taken in response to funding reductions included

22 in this title shall be absorbed within the total budgetary

23 resources available to such Department or agency: Pro24 vided, That the authority to transfer funds between appro25 priations accounts as may be necessary to carry out this
109

SJ 63 PCS

1 section is provided in addition to authorities included else2 where in this Act: Provided further, That use of funds to

3 carry out this section shall be treated as a reprogramming

4 of funds under section 605 of this Act and shall not be

5 available for obligation or expenditure except in compli6 ance with the procedures set forth in that section.

7 This title may be cited as the ‘‘Department of State

8 and Related Agencies Appropriations Act, 1997’’.

9 TITLE V—RELATED AGENCIES

10 DEPARTMENT OF TRANSPORTATION

11 MARITIME ADMINISTRATION

12 OPERATING-DIFFERENTIAL SUBSIDIES

13 (LIQUIDATION OF CONTRACT AUTHORITY)

14 For the payment of obligations incurred for operat15 ing-differential subsidies, as authorized by the Merchant

16 Marine Act, 1936, as amended, $148,430,000, to remain

17 available until expended.

18 MARITIME SECURITY PROGRAM

19 For necessary expenses to maintain and preserve a

20 U.S.-flag merchant fleet to serve the national security

21 needs of the United States, $54,000,000, to remain avail22 able until expended: Provided, That these funds will be

23 available only upon enactment of an authorization for this

24 program.
110

SJ 63 PCS

1 OPERATIONS AND TRAINING

2 For necessary expenses of operations and training ac3 tivities authorized by law, $65,000,000: Provided, That re4 imbursements may be made to this appropriation from re5 ceipts to the ‘‘Federal Ship Financing Fund’’ for adminis6 trative expenses in support of that program in addition

7 to any amount heretofore appropriated.

8 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

9 ACCOUNT

10 For the cost of guaranteed loans, as authorized by

11 the Merchant Marine Act, 1936, $37,450,000, to remain

12 available until expended: Provided, That such costs, in13 cluding the cost of modifying such loans, shall be as de14 fined in section 502 of the Congressional Budget Act of

15 1974, as amended: Provided further, That these funds are

16 available to subsidize total loan principal, any part of

17 which is to be guaranteed, not to exceed $1,000,000,000.

18 In addition, for administrative expenses to carry out

19 the guaranteed loan program, not to exceed $3,450,000,

20 which shall be transferred to and merged with the appro21 priation for Operations and Training.

22 ADMINISTRATIVE PROVISIONS—MARITIME

23 ADMINISTRATION

24 Notwithstanding any other provision of this Act, the

25 Maritime Administration is authorized to furnish utilities

26 and services and make necessary repairs in connection
111

SJ 63 PCS

1 with any lease, contract, or occupancy involving Govern2 ment property under control of the Maritime Administra3 tion, and payments received therefor shall be credited to

4 the appropriation charged with the cost thereof: Provided,

5 That rental payments under any such lease, contract, or

6 occupancy for items other than such utilities, services, or

7 repairs shall be covered into the Treasury as miscellaneous

8 receipts.

9 No obligations shall be incurred during the current

10 fiscal year from the construction fund established by the

11 Merchant Marine Act, 1936, or otherwise, in excess of the

12 appropriations and limitations contained in this Act or in

13 any prior appropriation Act, and all receipts which other14 wise would be deposited to the credit of said fund shall

15 be covered into the Treasury as miscellaneous receipts.

16 COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW

17 ENFORCEMENT

18 SALARIES AND EXPENSES

19 For necessary expenses of the Commission on the Ad20 vancement of Federal Law Enforcement, as authorized by

21 the Antiterrorism and Effective Death Penalty Act of

22 1996, $2,000,000, to remain available until September 30,

23 1998.
112

SJ 63 PCS

1 COMMISSION FOR THE PRESERVATION OF AMERICA’S

2 HERITAGE ABROAD

3 SALARIES AND EXPENSES

4 For expenses for the Commission for the Preservation

5 of America’s Heritage Abroad, $206,000, as authorized by

6 Public Law 99–83, section 1303.

7 COMMISSION ON CIVIL RIGHTS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Commission on Civil

10 Rights, including hire of passenger motor vehicles,

11 $8,740,000: Provided, That not to exceed $50,000 may

12 be used to employ consultants: Provided further, That

13 none of the funds appropriated in this paragraph shall be

14 used to employ in excess of four full-time individuals under

15 Schedule C of the Excepted Service exclusive of one special

16 assistant for each Commissioner: Provided further, That

17 none of the funds appropriated in this paragraph shall be

18 used to reimburse Commissioners for more than 75

19 billable days, with the exception of the Chairperson who

20 is permitted 125 billable days.

21 COMMISSION ON IMMIGRATION REFORM

22 SALARIES AND EXPENSES

23 For necessary expenses of the Commission on Immi24 gration Reform pursuant to section 141(f) of the Immi-
113

SJ 63 PCS

1 gration Act of 1990, $2,196,000, to remain available until

2 expended.

3 COMMISSION ON SECURITY AND COOPERATION IN

4 EUROPE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission on Secu7 rity and Cooperation in Europe, as authorized by Public

8 Law 94–304, $1,090,000, to remain available until ex9 pended as authorized by section 3 of Public Law 99–7.

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Equal Employment

13 Opportunity Commission as authorized by title VII of the

14 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

15 and 621–634), the Americans with Disabilities Act of

16 1990, and the Civil Rights Act of 1991, including services

17 as authorized by 5 U.S.C. 3109; hire of passenger motor

18 vehicles as authorized by 31 U.S.C. 1343(b); non-mone19 tary awards to private citizens; not to exceed $27,500,000,

20 for payments to State and local enforcement agencies for

21 services to the Commission pursuant to title VII of the

22 Civil Rights Act of 1964, as amended, sections 6 and 14

23 of the Age Discrimination in Employment Act, the Ameri24 cans with Disabilities Act of 1990, and the Civil Rights

25 Act of 1991; $239,740,000: Provided, That the Commis-
114

SJ 63 PCS

1 sion is authorized to make available for official reception

2 and representation expenses not to exceed $2,500 from

3 available funds.

4 FEDERAL COMMUNICATIONS COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Communica7 tions Commission, as authorized by law, including uni8 forms and allowances therefor, as authorized by 5 U.S.C.

9 5901–02; not to exceed $600,000 for land and structure;

10 not to exceed $500,000 for improvement and care of

11 grounds and repair to buildings; not to exceed $4,000 for

12 official reception and representation expenses; purchase

13 (not to exceed sixteen) and hire of motor vehicles; special

14 counsel fees; and services as authorized by 5 U.S.C. 3109;

15 $189,079,000, of which not to exceed $300,000 shall re16 main available until September 30, 1998, for research and

17 policy studies: Provided, That $152,523,000 of offsetting

18 collections shall be assessed and collected pursuant to sec19 tion 9 of title I of the Communications Act of 1934, as

20 amended, and shall be retained and used for necessary ex21 penses in this appropriation, and shall remain available

22 until expended: Provided further, That the sum herein ap23 propriated shall be reduced as such offsetting collections

24 are received during fiscal year 1997 so as to result in a

25 final fiscal year 1997 appropriation estimated at
115

SJ 63 PCS

1 $36,556,000: Provided further, That any offsetting collec2 tions received in excess of $152,523,000 in fiscal year

3 1997 shall remain available until expended, but shall not

4 be available for obligation until October 1, 1997.

5 FEDERAL MARITIME COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Maritime

8 Commission as authorized by section 201(d) of the Mer9 chant Marine Act of 1936, as amended (46 App. U.S.C.

10 1111), including services as authorized by 5 U.S.C. 3109;

11 hire of passenger motor vehicles as authorized by 31

12 U.S.C. 1343(b); and uniforms or allowances therefor, as

13 authorized by 5 U.S.C. 5901–02; $12,725,000: Provided,

14 That not to exceed $2,000 shall be available for official

15 reception and representation expenses.

16 FEDERAL TRADE COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Trade Com19 mission, including uniforms or allowances therefor, as au20 thorized by 5 U.S.C. 5901–5902; services as authorized

21 by 5 U.S.C. 3109; hire of passenger motor vehicles; and

22 not to exceed $2,000 for official reception and representa23 tion expenses; $85,930,000: Provided, That not to exceed

24 $300,000 shall be available for use to contract with a per25 son or persons for collection services in accordance with
116

SJ 63 PCS

1 the terms of 31 U.S.C. 3718, as amended: Provided fur2 ther, That notwithstanding any other provision of law, not

3 to exceed $58,905,000 of offsetting collections derived

4 from fees collected for premerger notification filings under

5 the Hart-Scott-Rodino Antitrust Improvements Act of

6 1976 (15 U.S.C. 18(a)) shall be retained and used for nec7 essary expenses in this appropriation, and shall remain

8 available until expended: Provided further, That the sum

9 herein appropriated from the General Fund shall be re10 duced as such offsetting collections are received during fis11 cal year 1997, so as to result in a final fiscal year 1997

12 appropriation from the General Fund estimated at not

13 more than $27,025,000, to remain available until ex14 pended: Provided further, That any fees received in excess

15 of $58,905,000 in fiscal year 1997 shall remain available

16 until expended, but shall not be available for obligation

17 until October 1, 1997: Provided further, That none of the

18 funds made available to the Federal Trade Commission

19 shall be available for obligation for expenses authorized

20 by section 151 of the Federal Deposit Insurance Corpora21 tion Improvement Act of 1991 (Public Law 102–242, 105

22 Stat. 2282–2285).
117

SJ 63 PCS

1 GAMBLING IMPACT STUDY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Gambling Im4 pact Study Commission, $2,000,000, to remain available

5 until expended: Provided, That these funds will be avail6 able only upon enactment of an authorization for this

7 Commission.

8 JAPAN-UNITED STATES FRIENDSHIP COMMISSION

9 JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

10 For expenses of the Japan-United States Friendship

11 Commission, as authorized by Public Law 94–118, as

12 amended, from the interest earned on the Japan-United

13 States Friendship Trust Fund, $1,250,000; and an

14 amount of Japanese currency not to exceed the equivalent

15 of $1,420,000 based on exchange rates at the time of pay16 ment of such amounts as authorized by Public Law 94–

17 118.

18 LEGAL SERVICES CORPORATION

19 PAYMENT TO THE LEGAL SERVICES CORPORATION

20 For payment to the Legal Services Corporation to

21 carry out the purposes of the Legal Services Corporation

22 Act of 1974, as amended, $278,000,000, of which

23 $269,400,000 is for basic field programs and required

24 independent audits; $1,500,000 is for the Office of the In25 spector General, of which such amounts as may be nec-
118

SJ 63 PCS

1 essary may be used to conduct additional audits of recipi2 ents; and $7,100,000 is for management and administra3 tion.

4 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

5 CORPORATION

6 SEC. 501. (a) CONTINUATION OF COMPETITIVE SE7 LECTION PROCESS.—None of the funds appropriated in

8 this Act to the Legal Services Corporation may be used

9 to provide financial assistance to any person or entity ex10 cept through a competitive selection process conducted in

11 accordance with regulations promulgated by the Corpora12 tion in accordance with the criteria set forth in subsections

13 (c), (d), and (e) of section 503 of Public Law 104–134

14 (110 Stat. 1321–52 et seq.).

15 (b) INAPPLICABILITY OF NONCOMPETITIVE PROCE16 DURES.—For purposes of the funding provided in this

17 Act, rights under sections 1007(a)(9) and 1011 of the

18 Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)

19 and 42 U.S.C. 2996j) shall not apply.

20 SEC. 502. (a) CONTINUATION OF REQUIREMENTS

21 AND RESTRICTIONS.—None of the funds appropriated in

22 this Act to the Legal Services Corporation shall be ex23 pended for any purpose prohibited or limited by, or con24 trary to any of the provisions of—

25 (1) sections 501, 502, 505, 506, and 507 of

26 Public Law 104–134 (110 Stat. 1321–51 et seq.),
119

SJ 63 PCS

1 and all funds appropriated in this Act to the Legal

2 Services Corporation shall be subject to the same

3 terms and conditions as set forth in such sections,

4 except that all references in such sections to 1995

5 and 1996 shall be deemed to refer instead to 1996

6 and 1997, respectively; and

7 (2) section 504 of Public Law 104–134 (110

8 Stat. 1321–53 et seq.), and all funds appropriated

9 in this Act to the Legal Services Corporation shall

10 be subject to the same terms and conditions set

11 forth in such section, except that—

12 (A) subsection (c) of such section 504 shall

13 not apply;

14 (B) paragraph (3) of section 508(b) of

15 Public Law 104–134 (110 Stat. 1321–58) shall

16 apply with respect to the requirements of sub17 section (a)(13) of such section 504, except that

18 all references in such section 508(b) to the date

19 of enactment shall be deemed to refer to April

20 26, 1996; and

21 (C) subsection (a)(11) of such section 504

22 shall not be construed to prohibit a recipient

23 from using funds derived from a source other

24 than the Corporation to provide related legal

25 assistance to—
120

SJ 63 PCS

1 (i) an alien who has been battered or

2 subjected to extreme cruelty in the United

3 States by a spouse or a parent, or by a

4 member of the spouse’s or parent’s family

5 residing in the same household as the alien

6 and the spouse or parent consented or ac7 quiesced to such battery or cruelty; or

8 (ii) an alien whose child has been bat9 tered or subjected to extreme cruelty in the

10 United States by a spouse or parent of the

11 alien (without the active participation of

12 the alien in the battery or extreme cru13 elty), or by a member of the spouse’s or

14 parent’s family residing in the same house15 hold as the alien and the spouse or parent

16 consented or acquiesced to such battery or

17 cruelty, and the alien did not actively par18 ticipate in such battery or cruelty.

19 (b) DEFINITIONS.—For purposes of subsection

20 (a)(2)(C):

21 (1) The term ‘‘battered or subjected to extreme

22 cruelty’’ has the meaning given such term under reg23 ulations issued pursuant to subtitle G of the Vio24 lence Against Women Act of 1994 (Public Law 103–

25 322; 108 Stat. 1953).
121

SJ 63 PCS

1 (2) The term ‘‘related legal assistance’’ means

2 legal assistance directly related to the prevention of,

3 or obtaining of relief from, the battery or cruelty de4 scribed in such subsection.

5 SEC. 503. (a) CONTINUATION OF AUDIT REQUIRE6 MENTS.—The requirements of section 509 of Public Law

7 104–134 (110 Stat. 1321–58 et seq.), other than sub8 section (l) of such section, shall apply during fiscal year

9 1997.

10 (b) REQUIREMENT OF ANNUAL AUDIT.—An annual

11 audit of each person or entity receiving financial assist12 ance from the Legal Services Corporation under this Act

13 shall be conducted during fiscal year 1997 in accordance

14 with the requirements referred to in subsection (a).

15 MARINE MAMMAL COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Marine Mammal Com18 mission as authorized by title II of Public Law 92–522,

19 as amended, $1,189,000.

20 NATIONAL BANKRUPTCY REVIEW COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the National Bankruptcy

23 Review Commission, as authorized by the Bankruptcy Re24 form Act of 1994, $494,000.
122

SJ 63 PCS

1 SECURITIES AND EXCHANGE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Securities and Ex4 change Commission, including services as authorized by

5 5 U.S.C. 3109, the rental of space (to include multiple

6 year leases) in the District of Columbia and elsewhere, and

7 not to exceed $3,000 for official reception and representa8 tion expenses, $265,400,000, of which not to exceed

9 $10,000 may be used toward funding a permanent sec10 retariat for the International Organization of Securities

11 Commissions, and of which not to exceed $100,000 shall

12 be available for expenses for consultations and meetings

13 hosted by the Commission with foreign governmental and

14 other regulatory officials, members of their delegations,

15 appropriate representatives and staff to exchange views

16 concerning developments relating to securities matters, de17 velopment and implementation of cooperation agreements

18 concerning securities matters and provision of technical

19 assistance for the development of foreign securities mar20 kets, such expenses to include necessary logistic and ad21 ministrative expenses and the expenses of Commission

22 staff and foreign invitees in attendance at such consulta23 tions and meetings including (1) such incidental expenses

24 as meals taken in the course of such attendance, (2) any

25 travel and transportation to or from such meetings, and
123

SJ 63 PCS

1 (3) any other related lodging or subsistence: Provided,

2 That immediately upon enactment of this Act, the rate

3 of fees under section 6(b) of the Securities Act of 1933

4 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of one

5 percentum to one-thirty-third of one percentum, and such

6 increase shall be deposited as an offsetting collection to

7 this appropriation, to remain available until expended, to

8 recover costs of services of the securities registration proc9 ess: Provided further, That immediately upon enactment

10 of this Act or October 1, 1996, whichever occurs later,

11 every national securities association shall pay to the Com12 mission a fee at a rate of one-three-hundredth of one

13 percentum of the aggregate dollar amount of sales trans14 acted by or through any member of such association other15 wise than on a national securities exchange (other than

16 bonds, debentures, and other evidences of indebtedness)

17 subject to prompt last sale reporting pursuant to the rules

18 of the Commission or a registered national securities asso19 ciation, excluding any sales for which a fee is paid under

20 section 31 of the Securities Exchange Act of 1934 (15

21 U.S.C. 78ee), and such increase shall be deposited as an

22 offsetting collection to this appropriation, to remain avail23 able until expended, to recover the costs to the Govern24 ment of the supervision and regulation of securities mar25 kets and securities professionals: Provided further, That
124

SJ 63 PCS

1 the fee due from every national securities association shall

2 be paid (1) on or before March 15, 1997, with respect

3 to transactions occurring during the period beginning im4 mediately upon enactment of this Act or October 1, 1996,

5 whichever occurs later, and ending at the close of Decem6 ber 31, 1996; and (2) on or before September 30, 1997,

7 with respect to transactions and sales occurring during the

8 period beginning on January 1, 1997, and ending at the

9 close of August 31, 1997: Provided further, That the total

10 amount appropriated for fiscal year 1997 under this head11 ing shall be reduced as all such offsetting fees are depos12 ited to this appropriation so as to result in a final total

13 fiscal year 1997 appropriation from the General Fund es14 timated at not more than $25,400,000: Provided further,

15 That any such fees collected in excess of $240,000,000

16 shall remain available until expended but shall not be

17 available for obligation until October 1, 1997.

18 SMALL BUSINESS ADMINISTRATION

19 SALARIES AND EXPENSES

20 For necessary expenses, not otherwise provided for,

21 of the Small Business Administration as authorized by

22 Public Law 103–403, including hire of passenger motor

23 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

24 not to exceed $3,500 for official reception and representa25 tion expenses, $223,547,000, of which $1,000,000 shall
125

SJ 63 PCS

1 only be available for obligation and expenditure for

2 projects jointly developed, implemented and administered

3 with the Minority Business Development Agency of the

4 Department of Commerce: Provided, That the Adminis5 trator is authorized to charge fees to cover the cost of pub6 lications developed by the Small Business Administration,

7 and certain loan servicing activities: Provided further,

8 That notwithstanding 31 U.S.C. 3302, revenues received

9 from all such activities shall be credited to this account,

10 to be available for carrying out these purposes without fur11 ther appropriations: Provided further, That $75,500,000

12 shall be available to fund grants for performance in fiscal

13 year 1997 or fiscal year 1998 as authorized by section

14 21 of the Small Business Act, as amended.

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector

17 General in carrying out the provisions of the Inspector

18 General Act of 1978, as amended (5 U.S.C. App. 1–11,

19 as amended by Public Law 100–504), $9,000,000.

20 BUSINESS LOANS PROGRAM ACCOUNT

21 For the cost of direct loans, $1,691,000, and for the

22 cost of guaranteed loans, $182,017,000, as authorized by

23 15 U.S.C. 631 note, of which $2,317,000, to be available

24 until expended, shall be for the Microloan Guarantee Pro25 gram, and of which $40,510,000 shall remain available

26 until September 30, 1998: Provided, That such costs, in-
126

SJ 63 PCS

1 cluding the cost of modifying such loans, shall be as de2 fined in section 502 of the Congressional Budget Act of

3 1974: Provided further, That during fiscal year 1997, com4 mitments to guarantee loans under section 503 of the

5 Small Business Investment Act of 1958, as amended, shall

6 not exceed the amount of financings authorized under sec7 tion 20(n)(2)(B) of the Small Business Act, as amended.

8 In addition, for administrative expenses to carry out

9 the direct and guaranteed loan programs, $94,000,000,

10 which may be transferred to and merged with the appro11 priations for Salaries and Expenses.

12 DISASTER LOANS PROGRAM ACCOUNT

13 For the cost of direct loans authorized by section 7(b)

14 of the Small Business Act, as amended, $105,432,000, to

15 remain available until expended: Provided, That such

16 costs, including the cost of modifying such loans, shall be

17 as defined in section 502 of the Congressional Budget Act

18 of 1974.

19 In addition, for administrative expenses to carry out

20 the direct loan program, $86,500,000, including not to ex21 ceed $500,000 for the Office of Inspector General of the

22 Small Business Administration for audits and reviews of

23 disaster loans and the disaster loan program, and said

24 sums may be transferred to and merged with appropria25 tions for Salaries and Expenses and Office of Inspector

26 General.
127

SJ 63 PCS

1 SURETY BOND GUARANTEES REVOLVING FUND

2 For additional capital for the ‘‘Surety Bond Guaran3 tees Revolving Fund’’, authorized by the Small Business

4 Investment Act, as amended, $3,730,000, to remain avail5 able without fiscal year limitation as authorized by 15

6 U.S.C. 631 note.

7 ADMINISTRATIVE PROVISION—SMALL BUSINESS

8 ADMINISTRATION

9 SEC. 504. Not to exceed 5 percent of any appropria10 tion made available for the current fiscal year for the

11 Small Business Administration in this Act may be trans12 ferred between such appropriations, but no such appro13 priation shall be increased by more than 10 percent by

14 any such transfers: Provided, That any transfer pursuant

15 to this section shall be treated as a reprogramming of

16 funds under section 605 of this Act and shall not be avail17 able for obligation or expenditure except in compliance

18 with the procedures set forth in that section.

19 STATE JUSTICE INSTITUTE

20 SALARIES AND EXPENSES

21 For necessary expenses of the State Justice Institute,

22 as authorized by the State Justice Institute Authorization

23 Act of 1992 (Public Law 102–572 (106 Stat. 4515–

24 4516)), $6,000,000 to remain available until expended:
128

SJ 63 PCS

1 Provided, That not to exceed $2,500 shall be available for

2 official reception and representation expenses.

3 TITLE VI—GENERAL PROVISIONS

4 SEC. 601. No part of any appropriation contained in

5 this Act shall be used for publicity or propaganda purposes

6 not authorized by the Congress.

7 SEC. 602. No part of any appropriation contained in

8 this Act shall remain available for obligation beyond the

9 current fiscal year unless expressly so provided herein.

10 SEC. 603. The expenditure of any appropriation

11 under this Act for any consulting service through procure12 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

13 to those contracts where such expenditures are a matter

14 of public record and available for public inspection, except

15 where otherwise provided under existing law, or under ex16 isting Executive order issued pursuant to existing law.

17 SEC. 604. If any provision of this Act or the applica18 tion of such provision to any person or circumstances shall

19 be held invalid, the remainder of the Act and the applica20 tion of each provision to persons or circumstances other

21 than those as to which it is held invalid shall not be af22 fected thereby.

23 SEC. 605. (a) None of the funds provided under this

24 Act, or provided under previous appropriations Acts to the

25 agencies funded by this Act that remain available for obli-
129

SJ 63 PCS

1 gation or expenditure in fiscal year 1997, or provided from

2 any accounts in the Treasury of the United States derived

3 by the collection of fees available to the agencies funded

4 by this Act, shall be available for obligation or expenditure

5 through a reprogramming of funds which (1) creates new

6 programs; (2) eliminates a program, project, or activity;

7 (3) increases funds or personnel by any means for any

8 project or activity for which funds have been denied or

9 restricted; (4) relocates an office or employees; (5) reorga10 nizes offices, programs, or activities; or (6) contracts out

11 or privatizes any functions, or activities presently per12 formed by Federal employees; unless the Appropriations

13 Committees of both Houses of Congress are notified fif14 teen days in advance of such reprogramming of funds.

15 (b) None of the funds provided under this Act, or

16 provided under previous appropriations Acts to the agen17 cies funded by this Act that remain available for obligation

18 or expenditure in fiscal year 1997, or provided from any

19 accounts in the Treasury of the United States derived by

20 the collection of fees available to the agencies funded by

21 this Act, shall be available for obligation or expenditure

22 for activities, programs, or projects through a reprogram23 ming of funds in excess of $500,000 or 10 percent, which24 ever is less, that (1) augments existing programs, projects,

25 or activities; (2) reduces by 10 percent funding for any
130

SJ 63 PCS

1 existing program, project, or activity, or numbers of per2 sonnel by 10 percent as approved by Congress; or (3) re3 sults from any general savings from a reduction in person4 nel which would result in a change in existing programs,

5 activities, or projects as approved by Congress; unless the

6 Appropriations Committees of both Houses of Congress

7 are notified fifteen days in advance of such reprogram8 ming of funds.

9 SEC. 606. None of the funds made available in this

10 Act may be used for the construction, repair (other than

11 emergency repair), overhaul, conversion, or modernization

12 of vessels for the National Oceanic and Atmospheric Ad13 ministration in shipyards located outside of the United

14 States.

15 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

16 EQUIPMENT AND PRODUCTS.—It is the sense of the Con17 gress that, to the greatest extent practicable, all equip18 ment and products purchased with funds made available

19 in this Act should be American-made.

20 (b) NOTICE REQUIREMENT.—In providing financial

21 assistance to, or entering into any contract with, any en22 tity using funds made available in this Act, the head of

23 each Federal agency, to the greatest extent practicable,

24 shall provide to such entity a notice describing the state25 ment made in subsection (a) by the Congress.
131

SJ 63 PCS

1 (c) PROHIBITION OF CONTRACTS WITH PERSONS

2 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

3 If it has been finally determined by a court or Federal

4 agency that any person intentionally affixed a label bear5 ing a ‘‘Made in America’’ inscription, or any inscription

6 with the same meaning, to any product sold in or shipped

7 to the United States that is not made in the United

8 States, the person shall be ineligible to receive any con9 tract or subcontract made with funds made available in

10 this Act, pursuant to the debarment, suspension, and ineli11 gibility procedures described in sections 9.400 through

12 9.409 of title 48, Code of Federal Regulations.

13 SEC. 608. None of the funds made available in this

14 Act may be used to implement, administer, or enforce any

15 guidelines of the Equal Employment Opportunity Com16 mission covering harassment based on religion, when it is

17 made known to the Federal entity or official to which such

18 funds are made available that such guidelines do not differ

19 in any respect from the proposed guidelines published by

20 the Commission on October 1, 1993 (58 Fed. Reg.

21 51266).

22 SEC. 609. None of the funds appropriated or other23 wise made available by this Act may be obligated or ex24 pended to pay for any cost incurred for (1) opening or

25 operating any United States diplomatic or consular post
132

SJ 63 PCS

1 in the Socialist Republic of Vietnam that was not operat2 ing on July 11, 1995; (2) expanding any United States

3 diplomatic or consular post in the Socialist Republic of

4 Vietnam that was operating on July 11, 1995; or (3) in5 creasing the total number of personnel assigned to United

6 States diplomatic or consular posts in the Socialist Repub7 lic of Vietnam above the levels existing on July 11, 1995,

8 unless the President certifies within 60 days, based upon

9 all information available to the United States Government

10 that the Government of the Socialist Republic of Vietnam

11 is cooperating in full faith with the United States in the

12 following four areas:

13 (1) Resolving discrepancy cases, live sightings

14 and field activities,

15 (2) Recovering and repatriating American re16 mains,

17 (3) Accelerating efforts to provide documents

18 that will help lead to fullest possible accounting of

19 POW/MIA’s.

20 (4) Providing further assistance in implement21 ing trilateral investigations with Laos.

22 SEC. 610. None of the funds made available by this

23 Act may be used for any United Nations undertaking

24 when it is made known to the Federal official having au25 thority to obligate or expend such funds (1) that the Unit-
133

SJ 63 PCS

1 ed Nations undertaking is a peacekeeping mission, (2)

2 that such undertaking will involve United States Armed

3 Forces under the command or operational control of a for4 eign national, and (3) that the President’s military advi5 sors have not submitted to the President a recommenda6 tion that such involvement is in the national security inter7 ests of the United States and the President has not sub8 mitted to the Congress such a recommendation.

9 SEC. 611. None of the funds made available in this

10 Act shall be used to provide the following amenities or per11 sonal comforts in the Federal prison system—

12 (1) in-cell television viewing except for prisoners

13 who are segregated from the general prison popu14 lation for their own safety;

15 (2) the viewing of R, X, and NC–17 rated mov16 ies, through whatever medium presented;

17 (3) any instruction (live or through broadcasts)

18 or training equipment for boxing, wrestling, judo,

19 karate, or other martial art, or any bodybuilding or

20 weightlifting equipment of any sort;

21 (4) possession of in-cell coffee pots, hot plates,

22 or heating elements; or

23 (5) the use or possession of any electric or elec24 tronic musical instrument.
134

SJ 63 PCS

1 SEC. 612. None of the funds made available in title

2 II for the National Oceanic and Atmospheric Administra3 tion under the heading ‘‘Fleet Modernization, Shipbuild4 ing and Conversion’’ may be used to implement sections

5 603, 604, and 605 of Public Law 102–567.

6 SEC. 613. Any costs incurred by a Department or

7 agency funded under this Act resulting from personnel ac8 tions taken in response to funding reductions included in

9 this Act shall be absorbed within the total budgetary re10 sources available to such Department or agency: Provided,

11 That the authority to transfer funds between appropria12 tions accounts as may be necessary to carry out this sec13 tion is provided in addition to authorities included else14 where in this Act: Provided further, That use of funds to

15 carry out this section shall be treated as a reprogramming

16 of funds under section 605 of this Act and shall not be

17 available for obligation or expenditure except in compli18 ance with the procedures set forth in that section.

19 SEC. 614. None of the funds made available in this

20 Act to the Federal Bureau of Prisons may be used to dis21 tribute or make available any commercially published in22 formation or material to a prisoner when it is made known

23 to the Federal official having authority to obligate or ex24 pend such funds that such information or material is sexu25 ally explicit or features nudity.
135

SJ 63 PCS

1 SEC. 615. Of the funds appropriated in this Act

2 under the heading ‘‘OFFICE OF JUSTICE PRO3 GRAMS—STATE AND LOCAL LAW ENFORCEMENT ASSIST4 ANCE’’, not more than ninety percent of the amount to

5 be awarded to an entity under part Q of title I of the

6 Omnibus Crime Control and Safe Streets Act of 1968

7 shall be made available to such an entity when it is made

8 known to the Federal official having authority to obligate

9 or expend such funds that the entity that employs a public

10 safety officer (as such term is defined in section 1204 of

11 title I of the Omnibus Crime Control and Safe Streets Act

12 of 1968) does not provide such a public safety officer who

13 retires or is separated from service due to injury suffered

14 as the direct and proximate result of a personal injury

15 sustained in the line of duty while responding to an emer16 gency situation or a hot pursuit (as such terms are defined

17 by State law) with the same or better level of health insur18 ance benefits that are paid by the entity at the time of

19 retirement or separation.

20 SEC. 616. LIMITATION ON PATENT INFRINGEMENTS RELAT21 ING TO A MEDICAL PRACTITIONER’S PER22 FORMANCE OF A MEDICAL ACTIVITY.

23 Section 287 of title 35, United States Code, is

24 amended by adding at the end the following new sub25 section:
136

SJ 63 PCS

1 ‘‘(c)(1) With respect to a medical practitioner’s per2 formance of a medical activity that constitutes an infringe3 ment under section 271 (a) or (b) of this title, the provi4 sions of sections 281, 283, 284, and 285 of this title shall

5 not apply against the medical practitioner or against a re6 lated health care entity with respect to such medical activ7 ity.

8 ‘‘(2) This subsection does not apply to the activities

9 of any person, or employee or agent of such person (re10 gardless of whether such person is a tax exempt organiza11 tion under section 501(c) of the Internal Revenue Code

12 of 1986), who is engaged in the commercial development,

13 manufacture, sale, importation, or distribution of a ma14 chine, manufacture, or composition of matter or the provi15 sion of pharmacy or clinical laboratory services (other

16 than laboratory services provided in a physician’s office),

17 if such activities are—

18 ‘‘(A) directly related to the commercial develop19 ment, manufacture, sale, importation, or distribution

20 of a machine, manufacture, or composition of matter

21 or the provision of pharmacy or clinical laboratory

22 services (other than clinical laboratory services pro23 vided in a physician’s office); and
137

SJ 63 PCS

1 ‘‘(B) regulated under the Federal Food, Drug,

2 and Cosmetic Act, the Public Health Service Act, or

3 the Clinical Laboratories Improvement Act.

4 ‘‘(3) For purposes of this subsection:

5 ‘‘(A) The term ‘body’ means—

6 ‘‘(i) a human body, organ, or cadaver; or

7 ‘‘(ii) a nonhuman animal used in medical

8 research or instruction directly relating to the

9 treatment of humans.

10 ‘‘(B) The term ‘medical activity’ means the per11 formance of a medical or surgical procedure on a

12 body, but shall not include—

13 ‘‘(i) the use of a patented machine, manu14 facture, or composition of matter in violation of

15 such patent;

16 ‘‘(ii) the practice of a patented use of a

17 composition of matter in violation of such pat18 ent; or

19 ‘‘(iii) the practice of a process in violation

20 of a biotechnology patent.

21 ‘‘(C) The term ‘medical practitioner’ means any

22 natural person who is—

23 ‘‘(i) licensed by a State to provide the med24 ical activity described under paragraph (1); or
138

SJ 63 PCS

1 ‘‘(ii) acting under the direction of such

2 natural person in the performance of the medi3 cal activity.

4 ‘‘(D) The term ‘patented use of a composition

5 of matter’ does not include a claim for a method of

6 performing a medical or surgical procedure on a

7 body that recites the use of a composition of matter

8 if the use of that composition of matter does not di9 rectly contribute to achievement of the objective of

10 the claimed method.

11 ‘‘(E) The term ‘professional affiliation’ means

12 staff privileges, medical staff membership, employ13 ment or contractual relationship, partnership or

14 ownership interest, academic appointment, or other

15 affiliation under which a medical practitioner pro16 vides a medical activity on behalf of, or in associa17 tion with, a health care entity.

18 ‘‘(F) The term ‘related health care entity’—

19 ‘‘(i) means an entity with which a medical

20 practitioner has a professional affiliation under

21 which the medical practitioner performs a medi22 cal activity; and

23 ‘‘(ii) includes such an affiliation with a

24 nursing home, hospital, university, medical
139

SJ 63 PCS

1 school, health maintenance organization, group

2 medical practice, or a medical clinic.

3 ‘‘(G) The term ‘State’ means any State or terri4 tory of the United States, the District of Columbia,

5 and the Commonwealth of Puerto Rico.

6 ‘‘(4) This subsection shall not apply to any patent

7 issued before the date of enactment of this subsection.’’.

8 SEC. 617. Effective with the enactment of this Act

9 and in any fiscal year hereafter, section 8 of Public Law

10 96–132 is hereby repealed.

11 SEC. 618. CERTAIN UNITED STATES ORIGIN HIS12 TORIC FIREARMS IMPORTS.—Notwithstanding any other

13 provision of law, no department, agency, or instrumental14 ity of the United States receiving appropriated funds

15 under this Act or any other Act shall obligate or expend

16 in any way such funds to pay administrative expenses or

17 the compensation of any officer or employee of the United

18 States to deny any application submitted pursuant to 22

19 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 C.F.R.

20 §§ 178.112 or .113, for a permit to import United States

21 origin ‘‘curios or relics’’ firearms, parts, or ammunition.

22 SEC. 619. REACTIVATION OF CLOSED SHIPYARDS.

23 (a) The Secretary may issue a guarantee or a com24 mitment to guarantee obligations under title XI of the

25 Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et
140

SJ 63 PCS

1 seq.), upon such terms as the Secretary may prescribe,

2 to assist in the reactivation and modernization of currently

3 closed shipyards in the United States, provided the Sec4 retary finds that:

5 (1) the closed shipyard historically built mili6 tary vessels and responsible entities now seek to re7 open it as an internationally competitive commercial

8 shipyard;

9 (2)(A) the closed shipyard has been designated

10 by the President as a public-private partnership

11 project; or

12 (B) has a reuse plan approved by the Navy in

13 which commercial shipbuilding and repair are pri14 mary activities and has a revolving economic conver15 sion fund approved by the Department of Defense;

16 and

17 (3) the State in which the shipyard is located,

18 and adjacent States, if applicable, is making a sig19 nificant financial investment in the overall cost of re20 activation and modernization as its contribution to

21 the reactivation and modernization project, in addi22 tion to the funds required by subsection (d)(2) of

23 this section.

24 (b) WAIVERS.—Notwithstanding any other provision

25 of title XI of the Merchant Marine Act, 1936 (46 App.
141

SJ 63 PCS

1 U.S.C. 1271 et seq.), the Secretary shall not apply the

2 requirements of section 1104A(d) of that act when issuing

3 a guarantee or a commitment to guarantee an obligation

4 for the reactivation and modernization of a closed shipyard

5 that meets the requirements of subsection (a) of this sec6 tion.

7 (c) CONDITIONS.—The Secretary shall impose such

8 conditions on the issuance of a guarantee or a commit9 ment to guarantee under this section as are necessary to

10 protect the interests of the United States from the risk

11 of a default. The Secretary shall consider the interdepend12 ency of such shipyard modernization and reactivation

13 projects and related vessel loan guarantee requests pend14 ing under title XI of the Merchant Marine Act, 1936 (46

15 App. U.S.C. 1271 et seq.) prior to issuing a guarantee

16 or a commitment to guarantee obligations issued in con17 nection with the reactivation and modernization of closed

18 shipyards under this section.

19 (d) FUNDING PROVISIONS.—

20 (1) The Secretary may not guarantee or com21 mit to guarantee obligations issued in connection

22 with the reactivation and modernization of closed

23 shipyards under this section that exceed

24 $100,000,000 in the aggregate.
142

SJ 63 PCS

1 (2) The amount of appropriated funds required

2 by the provisions of the Federal Credit Reform Act

3 of 1990 (2 U.S.C. 661a et seq.) in advance of the

4 Secretary’s issuance of a guarantee or a commit5 ment to guarantee shall be provided by the State in

6 which the shipyard is located, and adjacent States,

7 if applicable, or a State-chartered agency and depos8 ited by the Secretary in the financing account estab9 lished under the Federal Credit Reform Act of 1990

10 (2 U.S.C. 661a et seq.) for loan guarantees issued

11 by the Secretary under title XI of the Merchant Ma12 rine Act of 1936 (46 App. U.S.C. 1271 et seq.). The

13 funds deposited into said financing account shall be

14 held and applied by the Secretary in accordance with

15 the provisions of the Federal Credit Reform Act of

16 1990 (2 U.S.C. 661a et seq.). No federally appro17 priated funds shall be available for this purpose.

18 (3) Notwithstanding the provisions of any other

19 law or regulation, the cost (as that term is defined

20 by the Federal Credit Reform Act of 1990 (2 U.S.C.

21 661a et seq.)) of a guarantee or commitment to

22 guarantee issued under this section may:

23 (i) only be determined with reference to

24 the merits of the specific closed shipyard reac25 tivation project with is the subject of that guar-
143

SJ 63 PCS

1 antee or commitment to guarantee, without ref2 erence to any other project, type of project, or

3 averaged risk; and

4 (ii) not be used in determining the cost of

5 any other project, type of project or averaged

6 risk applicable to guarantees or commitments to

7 guarantee issued under title XI of the Merchant

8 Marine Act, 1936 (46 App. U.S.C. 1271 et

9 seq.), as amended.

10 (e) SUNSET.—No commitment to guarantee obliga11 tions under this section shall be issued by the Secretary

12 more than one year from the date of enactment of this

13 section.

14 (f) DEFINITION.—The term ‘‘Secretary’’, as used in

15 the section, means the Secretary of Transportation.

16 TITLE VII—RESCISSIONS

17 DEPARTMENT OF JUSTICE

18 GENERAL ADMINISTRATION

19 WORKING CAPITAL FUND

20 (RESCISSION)

21 Of the unobligated balances available under this

22 heading on October 31, 1996, $30,000,000 are rescinded.
144

SJ 63 PCS

1 IMMIGRATION AND NATURALIZATION SERVICE

2 IMMIGRATION EMERGENCY FUND

3 (RESCISSION)

4 Of the unobligated balances available under this

5 heading, $34,779,000 are rescinded.

6 TITLE VIII—FISCAL YEAR 1996

7 SUPPLEMENTALS AND RESCISSIONS

8 DEPARTMENT OF JUSTICE

9 FEDERAL PRISON SYSTEM

10 SALARIES AND EXPENSES

11 In addition to funds made available under this head12 ing, $40,000,000, which shall remain available until Sep13 tember 30, 1997: Provided, That these funds shall be

14 available upon enactment of this Act: Provided further,

15 That these funds shall only be available if enacted by Sep16 tember 30, 1996.

17 (RESCISSION)

18 Of the unobligated balances made available under

19 this heading until September 30, 1996, $40,000,000 are

20 rescinded: Provided, That these funds shall only be avail21 able for rescission if enacted by September 30, 1996.

22 This Act may be cited as the ‘‘Departments of Com23 merce, Justice, and State, the Judiciary, and Related

24 Agencies Appropriations Act, 1997.’’.

25 (b) For programs, projects, or activities provided for

26 in the Department of Defense Appropriations Act, 1997
145

SJ 63 PCS

1 (H.R. 3610), as passed in the Senate on July 18, 1996,

2 as if such Act had been enacted into law.

3 (c) For programs, projects, or activities provided for

4 in the Foreign Operations, Export Financing, and Related

5 Programs Appropriations Act, 1997, (H.R. 3540), as

6 passed in the Senate on July 26, 1996, as if such Act

7 had been enacted into law.

8 (d) For programs, projects or activities in the De9 partment of the Interior and Related Agencies Appropria10 tions Act, 1997, provided as follows, to be effective as if

11 it had been enacted into law as the regular appropriations

12 Act:

13 AN ACT

14 Making appropriations for the Department of the In15 terior and related agencies for the fiscal year ending Sep16 tember 30, 1997, and for other purposes.

17 TITLE I—DEPARTMENT OF THE INTERIOR

18 BUREAU OF LAND MANAGEMENT

19 MANAGEMENT OF LANDS AND RESOURCES

20 For expenses necessary for protection, use, improve21 ment, development, disposal, cadastral surveying, classi22 fication, acquisition of easements and other interests in

23 lands, and performance of other functions, including main24 tenance of facilities, as authorized by law, in the manage25 ment of lands and their resources under the jurisdiction
146

SJ 63 PCS

1 of the Bureau of Land Management, including the general

2 administration of the Bureau, and assessment of mineral

3 potential of public lands pursuant to Public Law 96–487

4 (16 U.S.C. 3150(a)), $572,164,000, to remain available

5 until expended, of which $2,010,000 shall be available for

6 assessment of the mineral potential of public lands in

7 Alaska pursuant to section 1010 of Public Law 96–487

8 (16 U.S.C. 3150); and of which $3,000,000 shall be de9 rived from the special receipt account established by the

10 Land and Water Conservation Act of 1965, as amended

11 (16 U.S.C. 460l–6a(i)); and of which $1,000,000 shall be

12 available in fiscal year 1997 subject to a match by at least

13 an equal amount by the National Fish and Wildlife Foun14 dation, to such Foundation for challenge cost share

15 projects supporting fish and wildlife conservation affecting

16 Bureau lands; in addition, $27,300,000 for Mining Law

17 Administration program operations, to remain available

18 until expended, to be reduced by amounts collected by the

19 Bureau and credited to this appropriation from annual

20 mining claim fees so as to result in a final appropriation

21 estimated at not more than $572,164,000; and in addi22 tion, not to exceed $5,000,000, to remain available until

23 expended, from annual mining claim fees; which shall be

24 credited to this account for the costs of administering the

25 mining claim fee program, and $2,000,000 from commu-
147

SJ 63 PCS

1 nication site rental fees established by the Bureau for the

2 cost of administering communication site activities: Pro3 vided, That appropriations herein made shall not be avail4 able for the destruction of healthy, unadopted, wild horses

5 and burros in the care of the Bureau or its contractors:

6 Provided further, That in fiscal year 1997 and thereafter,

7 all fees, excluding mining claim fees, in excess of the fiscal

8 year 1996 collections established by the Secretary of the

9 Interior under the authority of 43 U.S.C. 1734 for proc10 essing, recording, or documenting authorizations to use

11 public lands or public land natural resources (including

12 cultural, historical, and mineral) and for providing specific

13 services to public land users, and which are not presently

14 being covered into any Bureau of Land Management ap15 propriation accounts, and not otherwise dedicated by law

16 for a specific distribution, shall be made immediately

17 available for program operations in this account and re18 main available until expended.

19 WILDLAND FIRE MANAGEMENT

20 For necessary expenses for fire use and management,

21 fire preparedness, suppression operations, and emergency

22 rehabilitation by the Department of the Interior,

23 $252,042,000, to remain available until expended, of

24 which not to exceed $5,025,000 shall be for the renovation

25 or construction of fire facilities: Provided, That such funds
148

SJ 63 PCS

1 are also available for repayment of advances to other ap2 propriation accounts from which funds were previously

3 transferred for such purposes: Provided further, That per4 sons hired pursuant to 43 U.S.C. 1469 may be furnished

5 subsistence and lodging without costs from funds available

6 from this appropriation: Provided further, That unobli7 gated balances of amounts previously appropriated to the

8 ‘‘Fire Protection’’ and ‘‘Emergency Department of the In9 terior Firefighting Fund’’ may be transferred to this ap10 propriation.

11 CENTRAL HAZARDOUS MATERIALS FUND

12 For necessary expenses of the Department of the In13 terior and any of its component offices and bureaus for

14 the remedial action, including associated activities, of haz15 ardous waste substances, pollutants, or contaminants pur16 suant to the Comprehensive Environmental Response,

17 Compensation and Liability Act, as amended (42 U.S.C.

18 9601 et seq.), $12,000,000, to remain available until ex19 pended: Provided, That notwithstanding 31 U.S.C. 3302,

20 sums recovered from or paid by a party in advance of or

21 as reimbursement for remedial action or response activi22 ties conducted by the Department pursuant to sections

23 107 or 113(f) of such Act, shall be credited to this account

24 to be available until expended without further appropria25 tion: Provided further, That such sums recovered from or
149

SJ 63 PCS

1 paid by any party are not limited to monetary payments

2 and may include stocks, bonds or other personal or real

3 property, which may be retained, liquidated, or otherwise

4 disposed of by the Secretary and which shall be credited

5 to this account.

6 CONSTRUCTION

7 For construction of buildings, recreation facilities,

8 roads, trails, and appurtenant facilities, $4,333,000, to re9 main available until expended.

10 PAYMENTS IN LIEU OF TAXES

11 For expenses necessary to implement the Act of Octo12 ber 20, 1976, as amended (31 U.S.C. 6901–07),

13 $113,500,000, of which not to exceed $400,000 shall be

14 available for administrative expenses.

15 LAND ACQUISITION

16 For expenses necessary to carry out sections 205,

17 206, and 318(d) of Public Law 94–579 including adminis18 trative expenses and acquisition of lands or waters, or in19 terests therein, $10,410,000, to be derived from the Land

20 and Water Conservation Fund, to remain available until

21 expended.

22 OREGON AND CALIFORNIA GRANT LANDS

23 For expenses necessary for management, protection,

24 and development of resources and for construction, oper25 ation, and maintenance of access roads, reforestation, and
150

SJ 63 PCS

1 other improvements on the revested Oregon and California

2 Railroad grant lands, on other Federal lands in the Or3 egon and California land-grant counties of Oregon, and

4 on adjacent rights-of-way; and acquisition of lands or in5 terests therein including existing connecting roads on or

6 adjacent to such grant lands; $100,515,000, to remain

7 available until expended: Provided, That 25 per centum

8 of the aggregate of all receipts during the current fiscal

9 year from the revested Oregon and California Railroad

10 grant lands is hereby made a charge against the Oregon

11 and California land-grant fund and shall be transferred

12 to the General Fund in the Treasury in accordance with

13 the second paragraph of subsection (b) of title II of the

14 Act of August 28, 1937 (50 Stat. 876).

15 RANGE IMPROVEMENTS

16 For rehabilitation, protection, and acquisition of

17 lands and interests therein, and improvement of Federal

18 rangelands pursuant to section 401 of the Federal Land

19 Policy and Management Act of 1976 (43 U.S.C. 1701),

20 notwithstanding any other Act, sums equal to 50 per cen21 tum of all moneys received during the prior fiscal year

22 under sections 3 and 15 of the Taylor Grazing Act (43

23 U.S.C. 315 et seq.) and the amount designated for range

24 improvements from grazing fees and mineral leasing re25 ceipts from Bankhead-Jones lands transferred to the De-
151

SJ 63 PCS

1 partment of the Interior pursuant to law, but not less than

2 $9,113,000, to remain available until expended: Provided,

3 That not to exceed $600,000 shall be available for admin4 istrative expenses.

5 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

6 For administrative expenses and other costs related

7 to processing application documents and other authoriza8 tions for use and disposal of public lands and resources,

9 for costs of providing copies of official public land docu10 ments, for monitoring construction, operation, and termi11 nation of facilities in conjunction with use authorizations,

12 and for rehabilitation of damaged property, such amounts

13 as may be collected under Public Law 94–579, as amend14 ed, and Public Law 93–153, to remain available until ex15 pended: Provided, That notwithstanding any provision to

16 the contrary of section 305(a) of Public Law 94–579 (43

17 U.S.C. 1735(a)), any moneys that have been or will be

18 received pursuant to that section, whether as a result of

19 forfeiture, compromise, or settlement, if not appropriate

20 for refund pursuant to section 305(c) of that Act (43

21 U.S.C. 1735(c)), shall be available and may be expended

22 under the authority of this Act by the Secretary to im23 prove, protect, or rehabilitate any public lands adminis24 tered through the Bureau of Land Management which

25 have been damaged by the action of a resource developer,
152

SJ 63 PCS

1 purchaser, permittee, or any unauthorized person, without

2 regard to whether all moneys collected from each such ac3 tion are used on the exact lands damaged which led to

4 the action: Provided further, That any such moneys that

5 are in excess of amounts needed to repair damage to the

6 exact land for which funds were collected may be used to

7 repair other damaged public lands.

8 MISCELLANEOUS TRUST FUNDS

9 In addition to amounts authorized to be expended

10 under existing laws, there is hereby appropriated such

11 amounts as may be contributed under section 307 of the

12 Act of October 21, 1976 (43 U.S.C. 1701), and such

13 amounts as may be advanced for administrative costs, sur14 veys, appraisals, and costs of making conveyances of omit15 ted lands under section 211(b) of that Act, to remain

16 available until expended.

17 ADMINISTRATIVE PROVISIONS

18 Appropriations for the Bureau of Land Management

19 shall be available for purchase, erection, and dismantle20 ment of temporary structures, and alteration and mainte21 nance of necessary buildings and appurtenant facilities to

22 which the United States has title; up to $100,000 for pay23 ments, at the discretion of the Secretary, for information

24 or evidence concerning violations of laws administered by

25 the Bureau; miscellaneous and emergency expenses of en-
153

SJ 63 PCS

1 forcement activities authorized or approved by the Sec2 retary and to be accounted for solely on his certificate,

3 not to exceed $10,000: Provided, That notwithstanding 44

4 U.S.C. 501, the Bureau may, under cooperative cost-shar5 ing and partnership arrangements authorized by law, pro6 cure printing services from cooperators in connection with

7 jointly-produced publications for which the cooperators

8 share the cost of printing either in cash or in services,

9 and the Bureau determines the cooperator is capable of

10 meeting accepted quality standards.

11 The Bureau of Land Management’s Visitor Center

12 in Rand, Oregon is hereby named the ‘‘William B. Smullin

13 Visitor Center’’.

14 UNITED STATES FISH AND WILDLIFE SERVICE

15 RESOURCE MANAGEMENT

16 For expenses necessary for scientific and economic

17 studies, conservation, management, investigations, protec18 tion, and utilization of fishery and wildlife resources, ex19 cept whales, seals, and sea lions, and for the performance

20 of other authorized functions related to such resources; for

21 the general administration of the United States Fish and

22 Wildlife Service; for maintenance of the herd of long23 horned cattle on the Wichita Mountains Wildlife Refuge;

24 and not less than $1,000,000 for high priority projects

25 within the scope of the approved budget which shall be
154

SJ 63 PCS

1 carried out by the Youth Conservation Corps as author2 ized by the Act of August 13, 1970, as amended,

3 $525,447,000, to remain available until September 30,

4 1998, of which $11,557,000 shall remain available until

5 expended for operation and maintenance of fishery mitiga6 tion facilities constructed by the Corps of Engineers under

7 the Lower Snake River Compensation Plan, authorized by

8 the Water Resources Development Act of 1976, to com9 pensate for loss of fishery resources from water develop10 ment projects on the Lower Snake River, and of which

11 $2,000,000 shall be provided to local governments in

12 southern California for planning associated with the Natu13 ral Communities Conservation Planning (NCCP) program

14 and shall remain available until expended: Provided, That

15 hereafter, pursuant to 31 U.S.C. 9701, the Secretary shall

16 charge reasonable fees for the full costs of providing train17 ing by the National Education and Training Center, to

18 be credited to this account, notwithstanding 31 U.S.C.

19 3302, for the direct costs of providing such training.

20 CONSTRUCTION

21 For construction and acquisition of buildings and

22 other facilities required in the conservation, management,

23 investigation, protection, and utilization of fishery and

24 wildlife resources, and the acquisition of lands and inter-
155

SJ 63 PCS

1 ests therein; $43,365,000, to remain available until ex2 pended.

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment ac5 tivities by the Department of the Interior necessary to

6 carry out the provisions of the Comprehensive Environ7 mental Response, Compensation, and Liability Act, as

8 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu9 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

10 the Oil Pollution Act of 1990 (Public Law 101–380), and

11 Public Law 101–337; $4,000,000, to remain available

12 until expended.

13 LAND ACQUISITION

14 For expenses necessary to carry out the Land and

15 Water Conservation Fund Act of 1965, as amended (16

16 U.S.C. 460l–4–11), including administrative expenses,

17 and for acquisition of land or waters, or interest therein,

18 in accordance with statutory authority applicable to the

19 United States Fish and Wildlife Service, $44,479,000, of

20 which $3,000,000 is authorized to be appropriated and

21 shall be used to establish the Clarks River National Wild22 life Refuge in Kentucky, to be derived from the Land and

23 Water Conservation Fund, to remain available until ex24 pended.
156

SJ 63 PCS

1 COOPERATIVE ENDANGERED SPECIES CONSERVATION

2 FUND

3 For expenses necessary to carry out the provisions

4 of the Endangered Species Act of 1973 (16 U.S.C. 1531–

5 1543), as amended, $14,085,000, for grants to States, to

6 be derived from the Cooperative Endangered Species Con7 servation Fund, and to remain available until expended.

8 NATIONAL WILDLIFE REFUGE FUND

9 For expenses necessary to implement the Act of Octo10 ber 17, 1978 (16 U.S.C. 715s), $10,779,000.

11 REWARDS AND OPERATIONS

12 For expenses necessary to carry out the provisions

13 of the African Elephant Conservation Act (16 U.S.C.

14 4201–4203, 4211–4213, 4221–4225, 4241–4245, and

15 1538), $1,000,000, to remain available until expended.

16 NORTH AMERICAN WETLANDS CONSERVATION FUND

17 For expenses necessary to carry out the provisions

18 of the North American Wetlands Conservation Act, Public

19 Law 101–233, $9,750,000, to remain available until ex20 pended.

21 RHINOCEROS AND TIGER CONSERVATION FUND

22 For deposit to the Rhinoceros and Tiger Conserva23 tion Fund, $400,000, to remain available until expended,

24 to carry out the Rhinoceros and Tiger Conservation Act

25 of 1994 (Public Law 103–391).
157

SJ 63 PCS

1 WILDLIFE CONSERVATION AND APPRECIATION FUND

2 For deposit to the Wildlife Conservation and Appre3 ciation Fund, $800,000, to remain available until ex4 pended.

5 ADMINISTRATIVE PROVISIONS

6 Appropriations and funds available to the United

7 States Fish and Wildlife Service shall be available for pur8 chase of not to exceed 83 passenger motor vehicles of

9 which 73 are for replacement only (including 43 for police10 type use); not to exceed $400,000 for payment, at the dis11 cretion of the Secretary, for information, rewards, or evi12 dence concerning violations of laws administered by the

13 Service, and miscellaneous and emergency expenses of en14 forcement activities, authorized or approved by the Sec15 retary and to be accounted for solely on his certificate;

16 repair of damage to public roads within and adjacent to

17 reservation areas caused by operations of the Service; op18 tions for the purchase of land at not to exceed $1 for each

19 option; facilities incident to such public recreational uses

20 on conservation areas as are consistent with their primary

21 purpose; and the maintenance and improvement of aquar22 ia, buildings, and other facilities under the jurisdiction of

23 the Service and to which the United States has title, and

24 which are utilized pursuant to law in connection with man25 agement and investigation of fish and wildlife resources:
158

SJ 63 PCS

1 Provided, That notwithstanding 44 U.S.C. 501, the Serv2 ice may, under cooperative cost sharing and partnership

3 arrangements authorized by law, procure printing services

4 from cooperators in connection with jointly-produced pub5 lications for which the cooperators share at least one-half

6 the cost of printing either in cash or services and the Serv7 ice determines the cooperator is capable of meeting accept8 ed quality standards: Provided further, That the Service

9 may accept donated aircraft as replacements for existing

10 aircraft: Provided further, That notwithstanding any other

11 provision of law, the Secretary of the Interior may not

12 spend any of the funds appropriated in this Act for the

13 purchase of lands or interests in lands to be used in the

14 establishment of any new unit of the National Wildlife

15 Refuge System unless the purchase is approved in advance

16 by the House and Senate Committees on Appropriations

17 in compliance with the reprogramming procedures con18 tained in House Report 103–551: Provided further, That

19 section 101(c) of the Omnibus Consolidated Rescissions

20 and Appropriations Act of 1996 is amended in section

21 315(c)(1)(E) (110 Stat. 1321–201; 16 U.S.C. 460l–6a

22 note) by striking ‘‘distributed in accordance with section

23 201(c) of the Emergency Wetlands Resources Act’’ and

24 inserting ‘‘available to the Secretary of the Interior until

25 expended to be used in accordance with clauses (i), (ii),
159

SJ 63 PCS

1 and (iii) of section 201(c)(A) of the Emergency Wetlands

2 Resources Act of 1986 (16 U.S.C. 3911(c)(A))’’.

3 NATIONAL PARK SERVICE

4 OPERATION OF THE NATIONAL PARK SYSTEM

5 For expenses necessary for the management, oper6 ation, and maintenance of areas and facilities adminis7 tered by the National Park Service (including special road

8 maintenance service to trucking permittees on a reimburs9 able basis), and for the general administration of the Na10 tional Park Service, including not to exceed $1,593,000

11 for the Volunteers-in-Parks program, and not less than

12 $1,000,000 for high priority projects within the scope of

13 the approved budget which shall be carried out by the

14 Youth Conservation Corps as authorized by 16 U.S.C.

15 1706, $1,152,311,000, without regard to 16 U.S.C. 451,

16 of which $8,000,000 for research, planning and inter17 agency coordination in support of land acquisition for Ev18 erglades restoration shall remain available until expended,

19 and of which not to exceed $72,000,000, to remain avail20 able until expended, is to be derived from the special fee

21 account established pursuant to title V, section 5201, of

22 Public Law 100–203.

23 NATIONAL RECREATION AND PRESERVATION

24 For expenses necessary to carry out recreation pro25 grams, natural programs, cultural programs, environ-
160

SJ 63 PCS

1 mental compliance and review, international park affairs,

2 statutory or contractual aid for other activities, and grant

3 administration, not otherwise provided for, $37,976,000.

4 HISTORIC PRESERVATION FUND

5 For expenses necessary in carrying out the Historic

6 Preservation Act of 1966, as amended (16 U.S.C. 470),

7 $36,612,000, to be derived from the Historic Preservation

8 Fund, to remain available until September 30, 1998.

9 CONSTRUCTION

10 For construction, improvements, repair or replace11 ment of physical facilities including the modifications au12 thorized by section 104 of the Everglades National Park

13 Protection and Expansion Act of 1989, $163,444,000, to

14 remain available until expended, of which $270,000 shall

15 be used for appropriate fish restoration projects not relat16 ed to dam removal including reimbursement to the State

17 of Washington for emergency actions taken to protect the

18 1996 run of fall chinook salmon on the Elwha River: Pro19 vided, That funds previously provided under this heading

20 that had been made available to the City of Hot Springs,

21 Arkansas, to be used for a flood protection feasibility

22 study, are now made available to the City of Hot Springs

23 for the rehabilitation of the Federally-constructed Hot

24 Springs Creek Arch, including the portion within Hot

25 Springs National Park.
161

SJ 63 PCS

1 LAND AND WATER CONSERVATION FUND

2 (RESCISSION)

3 The contract authority provided for fiscal year 1997

4 by 16 U.S.C. 460l–10a is rescinded.

5 LAND ACQUISITION AND STATE ASSISTANCE

6 For expenses necessary to carry out the Land and

7 Water Conservation Fund Act of 1965, as amended (16

8 U.S.C. 460l–4–11), including administrative expenses,

9 and for acquisition of lands or waters, or interest therein,

10 in accordance with statutory authority applicable to the

11 National Park Service, $53,915,000, to be derived from

12 the Land and Water Conservation Fund, to remain avail13 able until expended, of which $1,500,000 is to administer

14 the State assistance program: Provided, That any funds

15 made available for the purpose of acquisition of the Elwha

16 and Glines dams shall be used solely for acquisition, and

17 shall not be expended until the full purchase amount has

18 been appropriated by the Congress: Provided further, That

19 of the funds provided herein, $9,000,000 is available for

20 acquisition of the Sterling Forest, subject to authorization.

21 ADMINISTRATIVE PROVISIONS

22 Appropriations for the National Park Service shall be

23 available for the purchase of not to exceed 404 passenger

24 motor vehicles, of which 287 shall be for replacement only,

25 including not to exceed 320 for police-type use, 13 buses,
162

SJ 63 PCS

1 and 6 ambulances: Provided, That none of the funds ap2 propriated to the National Park Service may be used to

3 process any grant or contract documents which do not in4 clude the text of 18 U.S.C. 1913: Provided further, That

5 none of the funds appropriated to the National Park Serv6 ice may be used to implement an agreement for the rede7 velopment of the southern end of Ellis Island until such

8 agreement has been submitted to the Congress and shall

9 not be implemented prior to the expiration of 30 calendar

10 days (not including any day in which either House of Con11 gress is not in session because of adjournment of more

12 than three calendar days to a day certain) from the receipt

13 by the Speaker of the House of Representatives and the

14 President of the Senate of a full and comprehensive report

15 on the development of the southern end of Ellis Island,

16 including the facts and circumstances relied upon in sup17 port of the proposed project.

18 None of the funds in this Act may be spent by the

19 National Park Service for activities taken in direct re20 sponse to the United Nations Biodiversity Convention.

21 The National Park Service may in fiscal year 1997

22 and thereafter enter into cooperative agreements that in23 volve the transfer of National Park Service appropriated

24 funds to State, local and tribal governments, other public

25 entities, educational institutions, and private nonprofit or-
163

SJ 63 PCS

1 ganizations for the public purpose of carrying out National

2 Park Service programs pursuant to 31 U.S.C. 6305 to

3 carry out public purposes of National Park Service pro4 grams.

5 Notwithstanding any other provision of law, remain6 ing balances, including interest, from funds granted to the

7 National Park Foundation pursuant to the National Park

8 System Visitor Facilities Fund Act of 1983 (Public Law

9 97–433, 96 Stat. 2277) shall be available to the National

10 Park Foundation for expenditure in units of the National

11 Park System for the purpose of improving visitor facilities.

12 UNITED STATES GEOLOGICAL SURVEY

13 SURVEYS, INVESTIGATIONS, AND RESEARCH

14 For expenses necessary for the United States Geo15 logical Survey to perform surveys, investigations, and re16 search covering topography, geology, hydrology, and the

17 mineral and water resources of the United States, its Ter18 ritories and possessions, and other areas as authorized by

19 43 U.S.C. 31, 1332 and 1340; classify lands as to their

20 mineral and water resources; give engineering supervision

21 to power permittees and Federal Energy Regulatory Com22 mission licensees; administer the minerals exploration pro23 gram (30 U.S.C. 641); and publish and disseminate data

24 relative to the foregoing activities; and to conduct inquiries

25 into the economic conditions affecting mining and mate-
164

SJ 63 PCS

1 rials processing industries (30 U.S.C. 3, 21a, and 1603;

2 50 U.S.C. 98g(1)) and related purposes as authorized by

3 law and to publish and disseminate data; $738,913,000,

4 of which $64,559,000 shall be available only for coopera5 tion with States or municipalities for water resources in6 vestigations; and of which $16,000,000 shall remain avail7 able until expended for conducting inquiries into the eco8 nomic conditions affecting mining and materials process9 ing industries; and of which $137,500,000 shall be avail10 able until September 30, 1998 for the biological research

11 activity and the operation of the Cooperative Research

12 Units: Provided, That none of these funds provided for

13 the biological research activity shall be used to conduct

14 new surveys on private property, unless specifically au15 thorized in writing by the property owner: Provided fur16 ther, That beginning in fiscal year 1998 and once every

17 five years thereafter, the National Academy of Sciences

18 shall review and report on the biological research activity

19 of the Survey: Provided further, That no part of this ap20 propriation shall be used to pay more than one-half the

21 cost of topographic mapping or water resources data col22 lection and investigations carried on in cooperation with

23 States and municipalities.
165

SJ 63 PCS

1 ADMINISTRATIVE PROVISIONS

2 The amount appropriated for the United States Geo3 logical Survey shall be available for the purchase of not

4 to exceed 53 passenger motor vehicles, of which 48 are

5 for replacement only; reimbursement to the General Serv6 ices Administration for security guard services; contract7 ing for the furnishing of topographic maps and for the

8 making of geophysical or other specialized surveys when

9 it is administratively determined that such procedures are

10 in the public interest; construction and maintenance of

11 necessary buildings and appurtenant facilities; acquisition

12 of lands for gauging stations and observation wells; ex13 penses of the United States National Committee on Geol14 ogy; and payment of compensation and expenses of per15 sons on the rolls of the Survey duly appointed to represent

16 the United States in the negotiation and administration

17 of interstate compacts: Provided, That activities funded by

18 appropriations herein made may be accomplished through

19 the use of contracts, grants, or cooperative agreements as

20 defined in 31 U.S.C. 6302, et seq.

21 MINERALS MANAGEMENT SERVICE

22 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

23 For expenses necessary for minerals leasing and envi24 ronmental studies, regulation of industry operations, and

25 collection of royalties, as authorized by law; for enforcing
166

SJ 63 PCS

1 laws and regulations applicable to oil, gas, and other min2 erals leases, permits, licenses and operating contracts; and

3 for matching grants or cooperative agreements; including

4 the purchase of not to exceed eight passenger motor vehi5 cles for replacement only; $156,955,000, of which not less

6 than $70,063,000 shall be available for royalty manage7 ment activities; and an amount not to exceed $41,000,000

8 for the Technical Information Management System and

9 activities of the Outer Continental Shelf (OCS) Lands Ac10 tivity, to be credited to this appropriation and to remain

11 available until expended, from additions to receipts result12 ing from increases to rates in effect on August 5, 1993,

13 from rate increases to fee collections for OCS administra14 tive activities performed by the Minerals Management

15 Service over and above the rates in effect on September

16 30, 1993, and from additional fees for OCS administrative

17 activities established after September 30, 1993: Provided,

18 That $1,500,000 for computer acquisitions shall remain

19 available until September 30, 1998: Provided further, That

20 funds appropriated under this Act shall be available for

21 the payment of interest in accordance with 30 U.S.C.

22 1721 (b) and (d): Provided further, That not to exceed

23 $3,000 shall be available for reasonable expenses related

24 to promoting volunteer beach and marine cleanup activi25 ties: Provided further, That notwithstanding any other
167

SJ 63 PCS

1 provision of law, $15,000 under this head shall be avail2 able for refunds of overpayments in connection with cer3 tain Indian leases in which the Director of the Minerals

4 Management Service concurred with the claimed refund

5 due, to pay amounts owed to Indian allottees or Tribes,

6 or to correct prior unrecoverable erroneous payments.

7 OIL SPILL RESEARCH

8 For necessary expenses to carry out title I, section

9 1016, title IV, sections 4202 and 4303, title VII, and title

10 VIII, section 8201 of the Oil Pollution Act of 1990,

11 $6,440,000, which shall be derived from the Oil Spill Li12 ability Trust Fund, to remain available until expended.

13 OFFICE OF SURFACE MINING RECLAMATION AND

14 ENFORCEMENT

15 REGULATION AND TECHNOLOGY

16 For necessary expenses to carry out the provisions

17 of the Surface Mining Control and Reclamation Act of

18 1977, Public Law 95–87, as amended, including the pur19 chase of not to exceed 10 passenger motor vehicles, for

20 replacement only; $94,172,000, and notwithstanding 31

21 U.S.C. 3302, an additional amount shall be credited to

22 this account, to remain available until expended, from per23 formance bond forfeitures in fiscal year 1997: Provided,

24 That the Secretary of the Interior, pursuant to regula25 tions, may utilize directly or through grants to States,
168

SJ 63 PCS

1 moneys collected in fiscal year 1997 for civil penalties as2 sessed under section 518 of the Surface Mining Control

3 and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim

4 lands adversely affected by coal mining practices after Au5 gust 3, 1977, to remain available until expended: Provided

6 further, That appropriations for the Office of Surface Min7 ing Reclamation and Enforcement may provide for the

8 travel and per diem expenses of State and tribal personnel

9 attending Office of Surface Mining Reclamation and En10 forcement sponsored training.

11 ABANDONED MINE RECLAMATION FUND

12 For necessary expenses to carry out title IV of the

13 Surface Mining Control and Reclamation Act of 1977,

14 Public Law 95–87, as amended, including the purchase

15 of not more than 10 passenger motor vehicles for replace16 ment only, $177,085,000, to be derived from receipts of

17 the Abandoned Mine Reclamation Fund and to remain

18 available until expended; of which up to $4,000,000 shall

19 be for supplemental grants to States for the reclamation

20 of abandoned sites with acid mine rock drainage from coal

21 mines through the Appalachian Clean Streams Initiative:

22 Provided, That grants to minimum program States will

23 be $1,500,000 per State in fiscal year 1997: Provided fur24 ther, That of the funds herein provided up to $18,000,000

25 may be used for the emergency program authorized by sec-
169

SJ 63 PCS

1 tion 410 of Public Law 95–87, as amended, of which no

2 more than 25 per centum shall be used for emergency rec3 lamation projects in any one State and funds for federally4 administered emergency reclamation projects under this

5 proviso shall not exceed $11,000,000: Provided further,

6 That prior year unobligated funds appropriated for the

7 emergency reclamation program shall not be subject to the

8 25 per centum limitation per State and may be used with9 out fiscal year limitation for emergency projects: Provided

10 further, That pursuant to Public Law 97–365, the Depart11 ment of the Interior is authorized to use up to 20 per

12 centum from the recovery of the delinquent debt owed to

13 the United States Government to pay for contracts to col14 lect these debts: Provided further, That funds made avail15 able to States under title IV of Public Law 95–87 may

16 be used, at their discretion, for any required non-Federal

17 share of the cost of projects funded by the Federal Gov18 ernment for the purpose of environmental restoration re19 lated to treatment or abatement of acid mine drainage

20 from abandoned mines: Provided further, That such

21 projects must be consistent with the purposes and prior22 ities of the Surface Mining Control and Reclamation Act:

23 Provided further, That the State of Maryland may set

24 aside the greater of $1,000,000 or 10 percent of the total

25 of the grants made available to the State under title IV
170

SJ 63 PCS

1 of the Surface Mining Control and Reclamation Act of

2 1977, as amended (30 U.S.C. 1231 et seq.) if the amount

3 set aside is deposited in an acid mine drainage abatement

4 and treatment fund established under a State law, pursu5 ant to which law the amount (together with all interest

6 earned on the amount) is expended by the State to under7 take acid mine drainage abatement and treatment

8 projects, except that before any amounts greater than 10

9 percent of its title IV grants are deposited in an acid mine

10 drainage abatement and treatment fund, the State of

11 Maryland must first complete all Surface Mining Control

12 and Reclamation Act priority one projects.

13 BUREAU OF INDIAN AFFAIRS

14 OPERATION OF INDIAN PROGRAMS

15 For operation of Indian programs by direct expendi16 ture, contracts, cooperative agreements, compacts, and

17 grants including expenses necessary to provide education

18 and welfare services for Indians, either directly or in co19 operation with States and other organizations, including

20 payment of care, tuition, assistance, and other expenses

21 of Indians in boarding homes, or institutions, or schools;

22 grants and other assistance to needy Indians; maintenance

23 of law and order; management, development, improve24 ment, and protection of resources and appurtenant facili25 ties under the jurisdiction of the Bureau, including pay-
171

SJ 63 PCS

1 ment of irrigation assessments and charges; acquisition of

2 water rights; advances for Indian industrial and business

3 enterprises; operation of Indian arts and crafts shops and

4 museums; development of Indian arts and crafts, as au5 thorized by law; for the general administration of the Bu6 reau, including such expenses in field offices; maintaining

7 of Indian reservation roads as defined in 23 U.S.C. 101;

8 and construction, repair, and improvement of Indian hous9 ing, $1,436,902,000, of which not to exceed $86,520,000

10 shall be for welfare assistance payments and not to exceed

11 $90,829,000 shall be for payments to tribes and tribal or12 ganizations for contract support costs associated with on13 going contracts or grants or compacts entered into with

14 the Bureau prior to fiscal year 1997, as authorized by the

15 Indian Self-Determination Act of 1975, as amended, and

16 up to $5,000,000 shall be for the Indian Self-Determina17 tion Fund, which shall be available for the transitional

18 cost of initial or expanded tribal contracts, grants, com19 pacts, or cooperative agreements with the Bureau under

20 such Act; and of which not to exceed $365,124,000 for

21 school operations costs of Bureau-funded schools and

22 other education programs shall become available on July

23 1, 1997, and shall remain available until September 30,

24 1998; and of which not to exceed $53,805,000 for higher

25 education scholarships, adult vocational training, and as-
172

SJ 63 PCS

1 sistance to public schools under 25 U.S.C. 452 et seq.,

2 shall remain available until September 30, 1998; and of

3 which not to exceed $54,973,000 shall remain available

4 until expended for housing improvement, road mainte5 nance, attorney fees, litigation support, self-governance

6 grants, the Indian Self-Determination Fund, and the Nav7 ajo-Hopi Settlement Program: Provided, That tribes and

8 tribal contractors may use their tribal priority allocations

9 for unmet indirect costs of ongoing contracts, grants or

10 compact agreements: Provided further, That funds made

11 available to tribes and tribal organizations through con12 tracts or grants obligated during fiscal year 1997, as au13 thorized by the Indian Self-Determination Act of 1975,

14 or grants authorized by the Indian Education Amend15 ments of 1988 (25 U.S.C. 2001 and 2008A) shall remain

16 available until expended by the contractor or grantee: Pro17 vided further, That to provide funding uniformity within

18 a Self-Governance Compact, any funds provided in this

19 Act with availability for more than one year may be repro20 grammed to one year availability but shall remain avail21 able within the Compact until expended: Provided further,

22 That notwithstanding any other provision of law, Indian

23 tribal governments may, by appropriate changes in eligi24 bility criteria or by other means, change eligibility for gen25 eral assistance or change the amount of general assistance
173

SJ 63 PCS

1 payments for individuals within the service area of such

2 tribe who are otherwise deemed eligible for general assist3 ance payments so long as such changes are applied in a

4 consistent manner to individuals similarly situated: Pro5 vided further, That any savings realized by such changes

6 shall be available for use in meeting other priorities of the

7 tribes: Provided further, That any net increase in costs to

8 the Federal Government which result solely from tribally

9 increased payment levels for general assistance shall be

10 met exclusively from funds available to the tribe from

11 within its tribal priority allocation: Provided further, That

12 any forestry funds allocated to a tribe which remain unob13 ligated as of September 30, 1997, may be transferred dur14 ing fiscal year 1998 to an Indian forest land assistance

15 account established for the benefit of such tribe within the

16 tribe’s trust fund account: Provided further, That any such

17 unobligated balances not so transferred shall expire on

18 September 30, 1998: Provided further, That notwithstand19 ing any other provision of law, no funds available to the

20 Bureau, other than the amounts provided herein for as21 sistance to public schools under 25 U.S.C. 452 et seq.,

22 shall be available to support the operation of any elemen23 tary or secondary school in the State of Alaska in fiscal

24 year 1997: Provided further, That funds made available

25 in this or any other Act for expenditure through Septem-
174

SJ 63 PCS

1 ber 30, 1998 for schools funded by the Bureau shall be

2 available only to the schools in the Bureau school system

3 as of September 1, 1995: Provided further, That no funds

4 available to the Bureau shall be used to support expanded

5 grades for any school or dormitory beyond the grade struc6 ture in place or approved by the Secretary of the Interior

7 at each school in the Bureau school system as of October

8 1, 1995: Provided further, That in fiscal year 1997 and

9 thereafter, notwithstanding the provisions of 25 U.S.C.

10 2012(h)(1) (A) and (B), upon the recommendation of ei11 ther (i) a local school board and school supervisor for an

12 education position in a Bureau of Indian Affairs operated

13 school, or (ii) an Agency school board and education line

14 officer for an Agency education position, the Secretary

15 shall establish adjustments to the rates of basic compensa16 tion or annual salary rates established under 25 U.S.C.

17 2012(h)(1) (A) and (B) for education positions at the

18 school or the Agency, at a level not less than that for com19 parable positions in the nearest public school district, and

20 the adjustment shall be deemed to be a change to basic

21 pay and shall not be subject to collective bargaining: Pro22 vided further, That any reduction to rates of basic com23 pensation or annual salary rates below the rates estab24 lished under 25 U.S.C. 2012(h)(1) (A) and (B) shall apply

25 only to educators appointed after June 30, 1997, and shall
175

SJ 63 PCS

1 not affect the right of an individual employed on June 30,

2 1997, in an education position, to receive the compensa3 tion attached to such position under 25 U.S.C. 2012(h)(1)

4 (A) and (B) so long as the individual remains in the same

5 position at the same school: Provided further, That not6 withstanding 25 U.S.C. 2012(h)(1)(B), when the rates of

7 basic compensation for teachers and counselors at Bureau8 operated schools are established at the rates of basic com9 pensation applicable to comparable positions in overseas

10 schools under the Defense Department Overseas Teachers

11 Pay and Personnel Practices Act, such rates shall become

12 effective with the start of the next academic year following

13 the issuance of the Department of Defense salary schedule

14 and shall not be effected retroactively.

15 CONSTRUCTION

16 For construction, major repair, and improvement of

17 irrigation and power systems, buildings, utilities, and

18 other facilities, including architectural and engineering

19 services by contract; acquisition of lands, and interests in

20 lands; and preparation of lands for farming, and for con21 struction of the Navajo Indian Irrigation Project pursuant

22 to Public Law 87–483, $94,531,000, to remain available

23 until expended: Provided, That such amounts as may be

24 available for the construction of the Navajo Indian Irriga25 tion Project may be transferred to the Bureau of Reclama-
176

SJ 63 PCS

1 tion: Provided further, That not to exceed 6 per centum

2 of contract authority available to the Bureau of Indian

3 Affairs from the Federal Highway Trust Fund may be

4 used to cover the road program management costs of the

5 Bureau: Provided further, That any funds provided for the

6 Safety of Dams program pursuant to 25 U.S.C. 13 shall

7 be made available on a non-reimbursable basis: Provided

8 further, That for fiscal year 1997, in implementing new

9 construction or facilities improvement and repair project

10 grants in excess of $100,000 that are provided to tribally

11 controlled grant schools under Public Law 100–297, as

12 amended, the Secretary of the Interior shall use the Ad13 ministrative and Audit Requirements and Cost Principles

14 for Assistance Programs contained in 43 CFR part 12 as

15 the regulatory requirements: Provided further, That such

16 grants shall not be subject to section 12.61 of 43 CFR;

17 the Secretary and the grantee shall negotiate and deter18 mine a schedule of payments for the work to be performed:

19 Provided further, That in considering applications, the

20 Secretary shall consider whether the Indian tribe or tribal

21 organization would be deficient in assuring that the con22 struction projects conform to applicable building stand23 ards and codes and Federal, tribal, or State health and

24 safety standards as required by 25 U.S.C. 2005(a), with

25 respect to organizational and financial management capa-
177

SJ 63 PCS

1 bilities: Provided further, That if the Secretary declines an

2 application, the Secretary shall follow the requirements

3 contained in 25 U.S.C. 2505(f): Provided further, That

4 any disputes between the Secretary and any grantee con5 cerning a grant shall be subject to the disputes provision

6 in 25 U.S.C. 2508(e).

7 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

8 MISCELLANEOUS PAYMENTS TO INDIANS

9 For miscellaneous payments to Indian tribes and in10 dividuals and for necessary administrative expenses,

11 $69,241,000, to remain available until expended; of which

12 $68,400,000 shall be available for implementation of en13 acted Indian land and water claim settlements pursuant

14 to Public Laws 101–618, 102–374, 102–575, and for im15 plementation of other enacted water rights settlements, in16 cluding not to exceed $8,000,000, which shall be for the

17 Federal share of the Catawba Indian Tribe of South Caro18 lina Claims Settlement, as authorized by section 5(a) of

19 Public Law 103–116; and of which $841,000 shall be

20 available pursuant to Public Laws 98–500, 99–264, and

21 100–580.

22 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

23 For the cost of guaranteed loans, $4,500,000, as au24 thorized by the Indian Financing Act of 1974, as amend25 ed: Provided, That such costs, including the cost of modi-
178

SJ 63 PCS

1 fying such loans, shall be as defined in section 502 of the

2 Congressional Budget Act of 1974: Provided further, That

3 these funds are available to subsidize total loan principal,

4 any part of which is to be guaranteed, not to exceed

5 $34,615,000.

6 In addition, for administrative expenses to carry out

7 the guaranteed loan programs, $500,000.

8 ADMINISTRATIVE PROVISIONS

9 Appropriations for the Bureau of Indian Affairs (ex10 cept the revolving fund for loans, the Indian loan guaran11 tee and insurance fund, the Technical Assistance of Indian

12 Enterprises account, the Indian Direct Loan Program ac13 count, and the Indian Guaranteed Loan Program account)

14 shall be available for expenses of exhibits, and purchase

15 of not to exceed 229 passenger motor vehicles, of which

16 not to exceed 187 shall be for replacement only.

17 Notwithstanding any other provision of law, no funds

18 available to the Bureau of Indian Affairs for central office

19 operations or pooled overhead general administration shall

20 be available for tribal contracts, grants, compacts, or coop21 erative agreements with the Bureau of Indian Affairs

22 under the provisions of the Indian Self-Determination Act

23 or the Tribal Self-Governance Act of 1994 (Public Law

24 103–413).
179

SJ 63 PCS

1 DEPARTMENTAL OFFICES

2 INSULAR AFFAIRS

3 ASSISTANCE TO TERRITORIES

4 For expenses necessary for assistance to territories

5 under the jurisdiction of the Department of the Interior,

6 $65,188,000, of which (1) $61,339,000 shall be available

7 until expended for technical assistance, including mainte8 nance assistance, disaster assistance, insular management

9 controls, and brown tree snake control and research;

10 grants to the judiciary in American Samoa for compensa11 tion and expenses, as authorized by law (48 U.S.C.

12 1661(c)); grants to the Government of American Samoa,

13 in addition to current local revenues, for construction and

14 support of governmental functions; grants to the Govern15 ment of the Virgin Islands as authorized by law; grants

16 to the Government of Guam, as authorized by law; and

17 grants to the Government of the Northern Mariana Is18 lands as authorized by law (Public Law 94–241; 90 Stat.

19 272); and (2) $3,849,000 shall be available for salaries

20 and expenses of the Office of Insular Affairs: Provided,

21 That all financial transactions of the territorial and local

22 governments herein provided for, including such trans23 actions of all agencies or instrumentalities established or

24 utilized by such governments, may be audited by the Gen25 eral Accounting Office, at its discretion, in accordance
180

SJ 63 PCS

1 with chapter 35 of title 31, United States Code: Provided

2 further, That Northern Mariana Islands Covenant grant

3 funding shall be provided according to those terms of the

4 Agreement of the Special Representatives on Future Unit5 ed States Financial Assistance for the Northern Mariana

6 Islands approved by Public Law 99–396, or any subse7 quent legislation related to Commonwealth of the North8 ern Mariana Islands grant funding: Provided further, That

9 section 703(a) of Public Law 94–241, as amended, is

10 hereby amended by striking ‘‘of the Government of the

11 Northern Mariana Islands’’: Provided further, That of the

12 amounts provided for technical assistance, sufficient fund13 ing shall be made available for a grant to the Close Up

14 Foundation: Provided further, That the funds for the pro15 gram of operations and maintenance improvement are ap16 propriated to institutionalize routine operations and main17 tenance improvement of capital infrastructure in Amer18 ican Samoa, Guam, the Virgin Islands, the Commonwealth

19 of the Northern Mariana Islands, the Republic of Palau,

20 the Republic of the Marshall Islands, and the Federated

21 States of Micronesia through assessments of long-range

22 operations maintenance needs, improved capability of local

23 operations and maintenance institutions and agencies (in24 cluding management and vocational education training),

25 and project-specific maintenance (with territorial partici-
181

SJ 63 PCS

1 pation and cost sharing to be determined by the Secretary

2 based on the individual territory’s commitment to timely

3 maintenance of its capital assets): Provided further, That

4 any appropriation for disaster assistance under this head

5 in this Act or previous appropriations Acts may be used

6 as non-Federal matching funds for the purpose of hazard

7 mitigation grants provided pursuant to section 404 of the

8 Robert T. Stafford Disaster Relief and Emergency Assist9 ance Act (42 U.S.C. 5170c).

10 COMPACT OF FREE ASSOCIATION

11 For economic assistance and necessary expenses for

12 the Federated States of Micronesia and the Republic of

13 the Marshall Islands as provided for in sections 122, 221,

14 223, 232, and 233 of the Compacts of Free Association,

15 and for economic assistance and necessary expenses for

16 the Republic of Palau as provided for in sections 122, 221,

17 223, 232, and 233 of the Compact of Free Association,

18 $23,538,000, to remain available until expended, as au19 thorized by Public Law 99–239 and Public Law 99–658.

20 DEPARTMENTAL MANAGEMENT

21 SALARIES AND EXPENSES

22 For necessary expenses for management of the De23 partment of the Interior, $58,286,000, of which not to ex24 ceed $7,500 may be for official reception and representa25 tion expenses, and of which up to $2,000,000 shall be

26 available for workers compensation payments and unem-
182

SJ 63 PCS

1 ployment compensation payments associated with the or2 derly closure of the United States Bureau of Mines.

3 OFFICE OF THE SOLICITOR

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Solicitor,

6 $35,443,000.

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Inspector

10 General, $24,439,000, together with any funds or prop11 erty transferred to the Office of Inspector General through

12 forfeiture proceedings or from the Department of Justice

13 Assets Forfeiture Fund or the Department of the Treas14 ury Assets Forfeiture Fund, that represent an equitable

15 share from the forfeiture of property in investigations in

16 which the Office of Inspector General participated, with

17 such transferred funds to remain available until expended.

18 NATIONAL INDIAN GAMING COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the National Indian Gam21 ing Commission, pursuant to Public Law 100–497,

22 $1,000,000.
183

SJ 63 PCS

1 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

2 FEDERAL TRUST PROGRAMS

3 For operation of trust programs for Indians by direct

4 expenditure, contracts, cooperative agreements, compacts,

5 and grants, $32,126,000, to remain available until ex6 pended for trust funds management: Provided, That funds

7 made available to tribes and tribal organizations through

8 contracts or grants obligated during fiscal year 1997, as

9 authorized by the Indian Self-Determination Act of 1975

10 (25 U.S.C. 450 et seq.), shall remain available until ex11 pended by the contractor or grantee: Provided further,

12 That notwithstanding any other provision of law, the stat13 ute of limitations shall not commence to run on any claim,

14 including any claim in litigation pending on the date of

15 this Act, concerning losses to or mismanagement of trust

16 funds, until the affected tribe or individual Indian has

17 been furnished with an accounting of such funds from

18 which the beneficiary can determine whether there has

19 been a loss: Provided further, That unobligated balances

20 previously made available (1) to liquidate obligations owed

21 tribal and individual Indian payees of any checks canceled

22 pursuant to section 1003 of the Competitive Equality

23 Banking Act of 1987 (Public Law 100–86; 31 U.S.C.

24 3334(b)), (2) to restore Individual Indian Monies trust

25 funds, Indian Irrigation Systems, and Indian Power Sys-
184

SJ 63 PCS

1 tems accounts amounts invested in credit unions or de2 faulted savings and loan associations and which where not

3 Federally insured, including any interest on these amounts

4 that may have been earned, but was not because of the

5 default, and (3) to reimburse Indian trust fund account

6 holders for losses to their respective accounts where the

7 claim for said loss has been reduced to a judgement or

8 settlement agreement approved by the Department of Jus9 tice, under the heading ‘‘Indian Land and Water Claim

10 Settlements and Miscellaneous Payments to Indians’’, Bu11 reau of Indian Affairs in fiscal years 1995 and 1996, are

12 hereby transferred to and merged with this appropriation

13 and may only be used for the operation of trust programs,

14 in accordance with this appropriation.

15 ADMINISTRATIVE PROVISIONS

16 There is hereby authorized for acquisition from avail17 able resources within the Working Capital Fund, 15 air18 craft, 10 of which shall be for replacement and which may

19 be obtained by donation, purchase or through available ex20 cess surplus property: Provided, That notwithstanding any

21 other provision of law, existing aircraft being replaced may

22 be sold, with proceeds derived or trade-in value used to

23 offset the purchase price for the replacement aircraft: Pro24 vided further, That no programs funded with appropriated

25 funds in ‘‘Departmental Management’’, ‘‘Office of the So-
185

SJ 63 PCS

1 licitor’’, and ‘‘Office of Inspector General’’ may be aug2 mented through the Working Capital Fund or the Consoli3 dated Working Fund.

4 GENERAL PROVISIONS, DEPARTMENT OF THE

5 INTERIOR

6 SEC. 101. Appropriations made in this title shall be

7 available for expenditure or transfer (within each bureau

8 or office), with the approval of the Secretary, for the emer9 gency reconstruction, replacement, or repair of aircraft,

10 buildings, utilities, or other facilities or equipment dam11 aged or destroyed by fire, flood, storm, or other unavoid12 able causes: Provided, That no funds shall be made avail13 able under this authority until funds specifically made

14 available to the Department of the Interior for emer15 gencies shall have been exhausted: Provided further, That

16 all funds used pursuant to this section are hereby des17 ignated by Congress to be ‘‘emergency requirements’’ pur18 suant to section 251(b)(2)(D) of the Balanced Budget and

19 Emergency Deficit Control Act of 1985, and must be re20 plenished by a supplemental appropriation which must be

21 requested as promptly as possible.

22 SEC. 102. The Secretary may authorize the expendi23 ture or transfer of any no year appropriation in this title,

24 in addition to the amounts included in the budget pro25 grams of the several agencies, for the suppression or emer-
186

SJ 63 PCS

1 gency prevention of forest or range fires on or threatening

2 lands under the jurisdiction of the Department of the Inte3 rior; for the emergency rehabilitation of burned-over lands

4 under its jurisdiction; for emergency actions related to po5 tential or actual earthquakes, floods, volcanoes, storms, or

6 other unavoidable causes; for contingency planning subse7 quent to actual oilspills; response and natural resource

8 damage assessment activities related to actual oilspills; for

9 the prevention, suppression, and control of actual or po10 tential grasshopper and Mormon cricket outbreaks on

11 lands under the jurisdiction of the Secretary, pursuant to

12 the authority in section 1773(b) of Public Law 99–198

13 (99 Stat. 1658); for emergency reclamation projects under

14 section 410 of Public Law 95–87; and shall transfer, from

15 any no year funds available to the Office of Surface Min16 ing Reclamation and Enforcement, such funds as may be

17 necessary to permit assumption of regulatory authority in

18 the event a primacy State is not carrying out the regu19 latory provisions of the Surface Mining Act: Provided,

20 That appropriations made in this title for fire suppression

21 purposes shall be available for the payment of obligations

22 incurred during the preceding fiscal year, and for reim23 bursement to other Federal agencies for destruction of ve24 hicles, aircraft, or other equipment in connection with

25 their use for fire suppression purposes, such reimburse-
187

SJ 63 PCS

1 ment to be credited to appropriations currently available

2 at the time of receipt thereof: Provided further, That for

3 emergency rehabilitation and wildfire suppression activi4 ties, no funds shall be made available under this authority

5 until funds appropriated to ‘‘Wildland Fire Management’’

6 shall have been exhausted: Provided further, That all funds

7 used pursuant to this section are hereby designated by

8 Congress to be ‘‘emergency requirements’’ pursuant to

9 section 251(b)(2)(D) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985, and must be replen11 ished by a supplemental appropriation which must be re12 quested as promptly as possible: Provided further, That

13 such replenishment funds shall be used to reimburse, on

14 a pro rata basis, accounts from which emergency funds

15 were transferred.

16 SEC. 103. Appropriations made in this title shall be

17 available for operation of warehouses, garages, shops, and

18 similar facilities, wherever consolidation of activities will

19 contribute to efficiency or economy, and said appropria20 tions shall be reimbursed for services rendered to any

21 other activity in the same manner as authorized by sec22 tions 1535 and 1536 of title 31, United States Code: Pro23 vided, That reimbursements for costs and supplies, mate24 rials, equipment, and for services rendered may be cred-
188

SJ 63 PCS

1 ited to the appropriation current at the time such reim2 bursements are received.

3 SEC. 104. Appropriations made to the Department

4 of the Interior in this title shall be available for services

5 as authorized by 5 U.S.C. 3109, when authorized by the

6 Secretary, in total amount not to exceed $500,000; hire,

7 maintenance, and operation of aircraft; hire of passenger

8 motor vehicles; purchase of reprints; payment for tele9 phone service in private residences in the field, when au10 thorized under regulations approved by the Secretary; and

11 the payment of dues, when authorized by the Secretary,

12 for library membership in societies or associations which

13 issue publications to members only or at a price to mem14 bers lower than to subscribers who are not members.

15 SEC. 105. Appropriations available to the Depart16 ment of the Interior for salaries and expenses shall be

17 available for uniforms or allowances therefor, as author18 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).

19 SEC. 106. Appropriations made in this title shall be

20 available for obligation in connection with contracts issued

21 for services or rentals for periods not in excess of twelve

22 months beginning at any time during the fiscal year.

23 SEC. 107. Prior to the transfer of Presidio properties

24 to the Presidio Trust, when authorized, the Secretary may

not obligate in any calendar month more than 1 25 ⁄12 of the
189

SJ 63 PCS

1 fiscal year 1997 appropriation for operation of the Pre2 sidio: Provided, That prior to the transfer of any Presidio

3 property to the Presidio Trust, the Secretary shall trans4 fer such funds as the Trust deems necessary to initiate

5 leasing and other authorized activities of the Trust: Pro6 vided further, That this section shall expire on December

7 31, 1996.

8 SEC. 108. No final rule or regulation of any agency

9 of the Federal Government pertaining to the recognition,

10 management, or validity of a right-of-way pursuant to Re11 vised Statute 2477 (43 U.S.C. 932) shall take effect un12 less expressly authorized by an Act of Congress subse13 quent to the date of enactment of this Act.

14 SEC. 109. No funds provided in this title may be ex15 pended by the Department of the Interior for the conduct

16 of offshore leasing and related activities placed under re17 striction in the President’s moratorium statement of June

18 26, 1990, in the areas of Northern, Central, and Southern

19 California; the North Atlantic; Washington and Oregon;

20 and the Eastern Gulf of Mexico south of 26 degrees north

21 latitude and east of 86 degrees west longitude.

22 SEC. 110. No funds provided in this title may be ex23 pended by the Department of the Interior for the conduct

24 of leasing, or the approval or permitting of any drilling
190

SJ 63 PCS

1 or other exploration activity, on lands within the North

2 Aleutian Basin planning area.

3 SEC. 111. No funds provided in this title may be ex4 pended by the Department of the Interior for the conduct

5 of preleasing and leasing activities in the Eastern Gulf of

6 Mexico for Outer Continental Shelf Lease Sale 151 in the

7 Outer Continental Shelf Natural Gas and Oil Resource

8 Management Comprehensive Program, 1992–1997.

9 SEC. 112. No funds provided in this title may be ex10 pended by the Department of the Interior for the conduct

11 of preleasing and leasing activities in the Atlantic for

12 Outer Continental Shelf Lease Sale 164 in the Outer Con13 tinental Shelf Natural Gas and Oil Resource Management

14 Comprehensive Program, 1992–1997.

15 SEC. 113. There is hereby established in the Treasury

16 a franchise fund pilot, as authorized by section 403 of

17 Public Law 103–356, to be available as provided in such

18 section for costs of capitalizing and operating administra19 tive services as the Secretary determines may be per20 formed more advantageously as central services: Provided,

21 That any inventories, equipment, and other assets pertain22 ing to the services to be provided by such fund, either on

23 hand or on order, less the related liabilities or unpaid obli24 gations, and any appropriations made prior to the current

25 year for the purpose of providing capital shall be used to
191

SJ 63 PCS

1 capitalize such fund: Provided further, That such fund

2 shall be paid in advance from funds available to the De3 partment and other Federal agencies for which such cen4 tralized services are performed, at rates which will return

5 in full all expenses of operation, including accrued leave,

6 depreciation of fund plant and equipment, amortization of

7 automatic data processing (ADP) software and systems

8 (either acquired or donated) and an amount necessary to

9 maintain a reasonable operating reserve, as determined by

10 the Secretary: Provided further, That such fund shall pro11 vide services on a competitive basis: Provided further, That

12 an amount not to exceed four percent of the total annual

13 income to such fund may be retained in the fund for fiscal

14 year 1997 and each fiscal year thereafter, to remain avail15 able until expended, to be used for the acquisition of cap16 ital equipment, and for the improvement and implementa17 tion of Department financial management, ADP, and

18 other support systems: Provided further, That no later

19 than thirty days after the end of each fiscal year amounts

20 in excess of this reserve limitation shall be transferred to

21 the Treasury: Provided further, That such franchise fund

22 pilot shall terminate pursuant to section 403(f) of Public

23 Law 103–356.

24 SEC. 114. None of the funds in this Act or any other

25 Act may be used by the Secretary for the redesign of
192

SJ 63 PCS

1 Pennsylvania Avenue in front of the White House without

2 the advance approval of the House and Senate Committees

3 on Appropriations.

4 SEC. 115. Public Law 102–495 is amended by adding

5 the following new section:

6 ‘‘SEC. 10. WASHINGTON STATE REMOVAL OPTION.

7 ‘‘(a) Upon appropriation of $29,500,000 for the Fed8 eral government to acquire the projects in the State of

9 Washington pursuant to this Act, the State of Washington

10 may, upon the submission to Congress of a binding agree11 ment to remove the projects within a reasonable period

12 of time, purchase the projects from the Federal govern13 ment for $2. Such a binding agreement shall provide pro14 tection of the existing quality and availability of water

15 from the Elwha River for municipal and industrial uses

16 from possible adverse impacts of dam removal.

17 ‘‘(b) Upon receipt of the payment pursuant to sub18 section (a), the Federal government shall relinquish own19 ership and title of the projects to the State of Washington.

20 ‘‘(c) Upon the purchase of the projects by the State

21 of Washington, section 3(a), (c), and (d), and Sections 4,

22 7, and 9 of Public Law 102–495 are hereby repealed, and

23 the remaining sections renumbered accordingly.’’.

24 SEC. 116. Section 7 of Public Law 99–647 (16

25 U.S.C. 461 note) is amended to read as follows:
193

SJ 63 PCS

1 ‘‘SEC. 7. TERMINATION OF COMMISSION.

2 ‘‘The Commission shall terminate on November 10,

3 1997.’’.

4 SEC. 117. The Congress of the United States hereby

5 designates and ratifies the assignment to the University

6 of Utah as successor to, and beneficiary of, all the existing

7 assets, revenues, funds and rights granted to the State

8 of Utah under the Miners Hospital Grant (February 20,

9 1929, 45 Stat. 1252) and the School of Mines Grant (July

10 26, 1894, 28 Stat. 110). Further, the Secretary of the

11 Interior is authorized and directed to accept such relin12 quishment of all remaining and unconveyed entitlement

13 for quantity grants owed the State of Utah for the Miners

14 Hospital Grant (February 20, 1929, 45 Stat. 1252) and

15 any unconveyed entitlement that may remain for the Uni16 versity of Utah School of Mines Grant (July 26, 1894,

17 28 Stat. 110).

18 SEC. 118. Section 402(b)(1) of The Indian Self-De19 termination and Education Assistance Act (25 U.S.C.

20 458bb) is amended to read as follows: ‘‘(1) In addition

21 to those Indian tribes participating in self-governance

22 under subsection (a) of this section, the Secretary, acting

23 through the Director of the Office of Self-Governance,

24 may select up to 50 new tribes per year from the applicant

25 pool described in subsection (c) of this section to partici26 pate in self-governance.’’.
194

SJ 63 PCS

1 SEC. 119. In fiscal year 1997 and thereafter, the In2 dian Arts and Crafts Board may charge admission fees

3 at its museums; charge rent and/or franchise fees for

4 shops located in its museums; publish and sell publica5 tions; sell or rent or license use of photographs or other

6 images in hard copy or other forms; license the use of de7 signs, in whole or in part, by others; charge for consulting

8 services provided to others; and may accept the services

9 of volunteers to carry out its mission: Provided, That all

10 revenue derived from such activities is covered into the

11 special fund established by section 4 of Public Law 74–

12 355 (25 U.S.C. 305c).

13 SEC. 120. TRANSFER OF CERTAIN BUREAU OF LAND

14 MANAGEMENT FACILITIES.—

15 (a) BATTLE MOUNTAIN, NEVADA.—Not later

16 than 30 days after the date of enactment of this

17 Act, the Secretary of the Interior, acting through

18 the Director of the Bureau of Land Management,

19 shall transfer to Lander County, Nevada, without

20 consideration, title to the former Bureau of Land

21 Management administrative site and associated

22 buildings in Battle Mountain, Nevada.

23 (b) WINNEMUCCA, NEVADA.—

24 (1) TRANSFER.—Not later than 30 days

25 after the date of enactment of this Act, the Sec-
195

SJ 63 PCS

1 retary of the Interior, acting through the Direc2 tor of the Bureau of Land Management, shall

3 transfer to the State of Nevada, without consid4 eration, title to the surplus Bureau of Land

5 Management District Office building in

6 Winnemucca, Nevada.

7 (2) USE.—The transfer under paragraph

8 (1) is made with the intent that the building

9 shall be available to meet the needs of the De10 partment of Conservation and Natural Re11 sources of the State of Nevada.

12 SEC. 121. ALASKA AVIATION HERITAGE.—

13 (a) FINDINGS.—The Congress finds that—

14 (1) the Department of the Interior’s

15 Grumman Goose G21–A aircraft number N789

16 is to be retired from several decades of active

17 service in the State of Alaska in 1996; and

18 (2) the aircraft is of significant historic

19 value to the people of the State of Alaska.

20 (b) DONATION OF AIRCRAFT.—The Secretary of

21 the Interior shall transfer the Grumman Goose

22 G21–A aircraft number N789 to the Alaska Aviation

23 Heritage Museum in Anchorage, Alaska, at no cost

24 to the museum, for permanent display.
196

SJ 63 PCS

1 SEC. 122. The Mesquite Lands Act of 1988 is amend2 ed by adding the following at the end of section 3:

3 ‘‘(d) FOURTH AREA.—(1) No later than ten years

4 after the date of enactment of this Act, the City of Mes5 quite shall notify the Secretary as to which if any of the

6 public lands identified in paragraph (2) of this subsection

7 the city wishes to purchase.

8 ‘‘(2) For a period of twelve years after the date of

9 enactment of this Act, the city shall have exclusive right

10 to purchase the following parcels of public lands:

‘‘Parcel A—East 1 11 ⁄2 Sec. 6, T. 13 S., R. 71 E.,

12 Mount Diablo Meridian; Sec. 5, T. 13 S., R. 71 E.,

Mount Diablo Meridian; West 1 13 ⁄2 Sec. 4, T. 13 S.,

R. 71 E, Mount Diablo Meridian; East 1⁄2, West 1 14 ⁄2

15 Sec. 4, T. 13 S., R. 71 E., Mount Diablo Meridian.

‘‘Parcel B—North 1 16 ⁄2 Sec. 7, T. 13 S., R. 71

E., Mount Diablo Meridian; South East 1 17 ⁄4 Sec. 12,

T. 13 S., R. 70 E., Mount Diablo Meridian; East 1 18 ⁄2

North East 1 19 ⁄4 Sec. 12, T. 13 S., R. 70 E., Mount

Diablo Meridian; East 1⁄2, West 1⁄2 North East 1 20 ⁄4

21 Sec. 12, T. 13 S., R. 70 E., Mount Diablo Meridian.

‘‘Parcel C—West 1 22 ⁄2 Sec. 6, T. 13 S., R. 71 E.,

23 Mount Diablo Meridian; Sec. 1, T. 13 S., R. 70 E.,

Mount Diablo Meridian; West 1⁄2, West 1 24 ⁄2, North

East 1 25 ⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo
197

SJ 63 PCS

Meridian; North West 1 1 ⁄4 Sec. 13, S., R. 70 E.,

Mount Diablo Meridian; West 1 2 ⁄2 Sec. 12, T. 13 S.,

R. 70 E., Mount Diablo Meridian; East 1 3 ⁄2, South

East 1 4 ⁄4, Sec. 11, T. 13 S., R. 70 E., Mount Diablo

Meridian; East 1⁄2 North East 1 5 ⁄4, Sec. 14, T. 13 S.,

6 R. 70 E., Mount Diablo Meridian.

‘‘Parcel D—South 1 7 ⁄2 Sec. 14, T. 13 S., R. 70

E., Mount Diablo Meridian; South West 1 8 ⁄4, Sec. 13,

9 T. 13 S., R. 70 E., Mount Diablo Meridian; Portion

10 of section 23, North of Interstate 15, T. 13 S., R.

11 70 E., Mount Diablo Meridian; Portion of section

12 24, North of Interstate 15, T. 13 S., R. 70 E.,

13 Mount Diablo Meridian; Portion of section 26,

14 North of Interstate 15, T. 13 S., R. 70 E., Mount

15 Diablo Meridian.’’

16 SEC. 123. FATHER AULL SITE TRANSFER.

17 (a) This section may be cited as the ‘‘Father Aull

18 Site Transfer Act of 1996’’.

19 (b) FINDINGS.—Congress finds that—

20 (1) the buildings and grounds developed by Fa21 ther Roger Aull located on public domain land near

22 Silver City, New Mexico, are historically significant

23 to the citizens of the community;

24 (2) vandalism at the site has become increas25 ingly destructive and frequent in recent years;
198

SJ 63 PCS

1 (3) because of the isolated location and the dis2 tance from other significant resources and agency

3 facilities, the Bureau of Land Management has been

4 unable to devote sufficient resources to restore and

5 protect the site from further damage; and

6 (4) St. Vincent DePaul Parish in Silver City,

7 New Mexico, has indicated an interest in, and devel8 oped a sound proposal for the restoration of, the

9 site, such that the site could be permanently occu10 pied and used by the community.

11 (c) CONVEYANCE OF PROPERTY.—Subject to valid

12 existing rights, all right, title and interest of the United

13 States in and to the land (including improvements on the

14 land), consisting of approximately 43.06 acres, located ap15 proximately 10 miles east of Silver City, New Mexico, and

16 described as follows: T. 17 S., R. 12 W., Section 30: Lot

17 13, and Section 31: Lot 27 (as generally depicted on the

18 map dated July 1995) is hereby conveyed by operation of

19 law to St. Vincent DePaul Parish in Silver City, New Mex20 ico, without consideration.

21 (d) RELEASE.—Upon the conveyance of any land or

22 interest in land identified in this section of St. Vincent

23 DePaul Parish, St. Vincent DePaul Parish shall assume

24 any liability for any claim relating to the land or interest

25 in the land arising after the date of the conveyance.
199

SJ 63 PCS

1 (e) MAP.—The map referred to in this section shall

2 be on file and available for public inspection in—

3 (1) the State of New Mexico Office of the Bu4 reau of Land Management, Santa Fe, New Mexico;

5 and

6 (2) the Las Cruces District Office of the Bu7 reau of Land Management, Las Cruces, New Mex8 ico.

9 SEC. 124. The second proviso under the heading

10 ‘‘Bureau of Mines, Administrative Provisions’’ of Public

11 Law 104–134 is amended by inserting after the word ‘‘au12 thorized’’ the word ‘‘hereafter’’.

13 SEC. 125. Watershed Restoration and Enhancement

14 Agreements.

15 (a) IN GENERAL.—For fiscal year 1997 and

16 each fiscal year thereafter, appropriations made for

17 the Bureau of Land Management may be used by

18 the Secretary of the Interior for the purpose of en19 tering into cooperative agreements with willing pri20 vate landowners for restoration and enhancement of

21 fish, wildlife, and other biotic resources on public or

22 private land or both that benefit these resources on

23 public lands within the watershed.

24 (b) DIRECT AND INDIRECT WATERSHED AGREE25 MENTS.—The Secretary of the Interior may enter
200

SJ 63 PCS

1 into a watershed restoration and enhancement

2 agreement—

3 (1) directly with a willing private land4 owner; or

5 (2) indirectly through an agreement with a

6 State, local, or tribal government or other pub7 lic entity, educational institution, or private

8 nonprofit organization.

9 (c) TERMS AND CONDITIONS.—In order for the

10 Secretary to enter into a watershed restoration and

11 enhancement agreement—

12 (1) the agreement shall—

13 (A) include such terms and conditions

14 mutually agreed to by the Secretary and

15 the landowner;

16 (B) improve the viability of and other17 wise benefit the fish, wildlife, and other bi18 otic resources on public land in the water19 shed;

20 (C) authorize the provision of tech21 nical assistance by the Secretary in the

22 planning of management activities that will

23 further the purposes of the agreement;

24 (D) provide for the sharing of costs of

25 implementing the agreement among the
201

SJ 63 PCS

1 Federal Government, the landowner, and

2 other entities, as mutually agreed on by

3 the affected interests; and

4 (E) ensure that any expenditure by

5 the Secretary pursuant to the agreement is

6 determined by the Secretary to be in the

7 public interest; and

8 (2) the Secretary may require such other

9 terms and conditions as are necessary to pro10 tect the public investment on private lands, pro11 vided such terms and conditions are mutually

12 agreed to by the Secretary and the landowner.

13 SEC. 126. Visitor Center Designation at Channel Is14 lands National Park.

15 (a) The visitor center at Channel Islands National

16 Park, California, is hereby designated as the ‘‘Rob17 ert J. Lagomarsino Visitor Center’’.

18 (b) Any reference in law, regulation, paper,

19 record, map, or any other document in the United

20 States to the visitor center referred to in subsection

21 (a) shall be deemed to be a reference to the ‘‘Robert

22 J. Lagomarsino Visitor Center’’.
202

SJ 63 PCS

1 TITLE II—RELATED AGENCIES

2 DEPARTMENT OF AGRICULTURE

3 FOREST SERVICE

4 FOREST AND RANGELAND RESEARCH

5 For necessary expenses of forest and rangeland re6 search as authorized by law, $179,786,000, to remain

7 available until expended.

8 STATE AND PRIVATE FORESTRY

9 For necessary expenses of cooperating with, and pro10 viding technical and financial assistance to States, Terri11 tories, possessions, and others and for forest pest manage12 ment activities, cooperative forestry and education and

13 land conservation activities, $154,711,000 to remain avail14 able until expended, as authorized by law.

15 NATIONAL FOREST SYSTEM

16 For necessary expenses of the Forest Service, not

17 otherwise provided for, for management, protection, im18 provement, and utilization of the National Forest System,

19 for ecosystem planning, inventory, and monitoring, and for

20 administrative expenses associated with the management

21 of funds provided under the heads ‘‘Forest and Rangeland

22 Research,’’ ‘‘State and Private Forestry,’’ ‘‘National For23 est System,’’ ‘‘Wildland Fire Management,’’ ‘‘Reconstruc24 tion and Construction,’’ and ‘‘Land Acquisition,’’

25 $1,274,031,000 to remain available until expended, and
203

SJ 63 PCS

1 including 50 per centum of all monies received during the

2 prior fiscal year as fees collected under the Land and

3 Water Conservation Fund Act of 1965, as amended, in

4 accordance with section 4 of the Act (16 U.S.C. 4601–

5 6a(i)): Provided, That up to $5,000,000 of the funds pro6 vided herein for road maintenance shall be available for

7 the planned obliteration of roads which are no longer

8 needed.

9 WILDLAND FIRE MANAGEMENT

10 For necessary expenses for forest fire presuppression

11 activities on National Forest System lands, for emergency

12 fire suppression on or adjacent to such lands or other

13 lands under fire protection agreement, and for emergency

14 rehabilitation of burned over National Forest System

15 lands, $530,016,000, to remain available until expended:

16 Provided, That unexpended balances of amounts pre17 viously appropriated under any other headings for Forest

18 Service fire activities are transferred to and merged with

19 this appropriation and subject to the same terms and con20 ditions: Provided further, That such funds are available

21 for repayment of advances from other appropriations ac22 counts previously transferred for such purposes.

23 RECONSTRUCTION AND CONSTRUCTION

24 For necessary expenses of the Forest Service, not

25 otherwise provided for, $174,974,000, to remain available

26 until expended for construction, reconstruction and acqui-
204

SJ 63 PCS

1 sition of buildings and other facilities, and for construc2 tion, reconstruction and repair of forest roads and trails

3 by the Forest Service as authorized by 16 U.S.C. 532–

4 538 and 23 U.S.C. 101 and 205: Provided, That not to

5 exceed $50,000,000, to remain available until expended,

6 may be obligated for the construction of forest roads by

7 timber purchasers: Provided further, That funds appro8 priated under this head for the construction of the Wayne

9 National Forest Supervisor’s Office may be granted to the

10 Ohio State Highway Patrol as the federal share of the cost

11 of construction of a new facility to be occupied jointly by

12 the Forest Service and the Ohio State Highway Patrol:

13 Provided further, That an agreed upon lease of space in

14 the new facility shall be provided to the Forest Service

15 without charge for the life of the building.

16 LAND ACQUISITION

17 For expenses necessary to carry out the provisions

18 of the Land and Water Conservation Fund Act of 1965,

19 as amended (16 U.S.C. 4601–4–11), including adminis20 trative expenses, and for acquisition of land or waters, or

21 interest therein, in accordance with statutory authority

22 applicable to the Forest Service, $40,575,000, to be de23 rived from the Land and Water Conservation Fund, to

24 remain available until expended.
205

SJ 63 PCS

1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests,

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National

7 Forests, California, as authorized by law, $1,069,000, to

8 be derived from forest receipts.

9 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

10 For acquisition of lands, such sums, to be derived

11 from funds deposited by State, county, or municipal gov12 ernments, public school districts, or other public school au13 thorities pursuant to the Act of December 4, 1967, as

14 amended (16 U.S.C. 484a), to remain available until ex15 pended.

16 RANGE BETTERMENT FUND

17 For necessary expenses of range rehabilitation, pro18 tection, and improvement, 50 per centum of all moneys

19 received during the prior fiscal year, as fees for grazing

20 domestic livestock on lands in National Forests in the six21 teen Western States, pursuant to section 401(b)(1) of

22 Public Law 94–579, as amended, to remain available until

23 expended, of which not to exceed 6 per centum shall be

24 available for administrative expenses associated with on-
206

SJ 63 PCS

1 the-ground range rehabilitation, protection, and improve2 ments.

3 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

4 RANGELAND RESEARCH

5 For expenses authorized by 16 U.S.C. 1643(b),

6 $92,000, to remain available until expended, to be derived

7 from the fund established pursuant to the above Act.

8 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

9 Appropriations to the Forest Service for the current

10 fiscal year shall be available for: (a) purchase of not to

11 exceed 159 passenger motor vehicles of which 14 will be

12 used primarily for law enforcement purposes and of which

13 149 shall be for replacement; acquisition of 10 passenger

14 motor vehicles from excess sources, and hire of such vehi15 cles; operation and maintenance of aircraft, the purchase

16 of not to exceed two for replacement only, and acquisition

17 of 20 aircraft from excess sources; notwithstanding other

18 provisions of law, existing aircraft being replaced may be

19 sold, with proceeds derived or trade-in value used to offset

20 the purchase price for the replacement aircraft; (b) serv21 ices pursuant to 7 U.S.C. 2225, and not to exceed

22 $100,000 for employment under 5 U.S.C. 3109; (c) pur23 chase, erection, and alteration of buildings and other pub24 lic improvements (7 U.S.C. 2250); (d) acquisition of land,

25 waters, and interests therein, pursuant to 7 U.S.C. 428a;
207

SJ 63 PCS

1 (e) for expenses pursuant to the Volunteers in the Na2 tional Forest Act of 1972 (16 U.S.C 558a, 558d, 558a

3 note); and (f) for debt collection contracts in accordance

4 with 31 U.S.C. 3718(c).

5 None of the funds made available under this Act shall

6 be obligated or expended to change the boundaries of any

7 region, to abolish any region, to move or close any regional

8 office for research, State and private forestry, or National

9 Forest System administration of the Forest Service, De10 partment of Agriculture, or to implement any reorganiza11 tion, ‘‘reinvention’’ or other type of organizational restruc12 turing of the Forest Service, other than the relocation of

13 the Regional Office for Region 5 of the Forest Service

14 from San Francisco to excess military property at Mare

15 Island, Vallejo, California, without the consent of the

16 House and Senate Committees on Appropriations.

17 Any funds available to the Forest Service may be

18 used for retrofitting Mare Island facilities to accommodate

19 the relocation: Provided, That funds for the move must

20 come from funds otherwise available to Region 5: Provided

21 further, That any funds to be provided for such purposes

22 shall only be available upon approval of the House and

23 Senate Committees on Appropriations.

24 Any appropriations or funds available to the Forest

25 Service may be advanced to the Wildland Fire Manage-
208

SJ 63 PCS

1 ment appropriation and may be used for forest firefighting

2 and the emergency rehabilitation of burned-over lands

3 under its jurisdiction.

4 Funds appropriated to the Forest Service shall be

5 available for assistance to or through the Agency for Inter6 national Development and the Foreign Agricultural Serv7 ice in connection with forest and rangeland research, tech8 nical information, and assistance in foreign countries, and

9 shall be available to support forestry and related natural

10 resource activities outside the United States and its terri11 tories and possessions, including technical assistance, edu12 cation and training, and cooperation with United States

13 and international organizations.

14 None of the funds made available to the Forest Serv15 ice under this Act shall be subject to transfer under the

16 provisions of section 702(b) of the Department of Agri17 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C

18 147b unless the proposed transfer is approved in advance

19 by the House and Senate Committees on Appropriations

20 in compliance with the reprogramming procedures con21 tained in House Report 103–551.

22 None of the funds available to the Forest Service may

23 be reprogrammed without the advance approval of the

24 House and Senate Committees on Appropriations in ac-
209

SJ 63 PCS

1 cordance with the procedures contained in House Report

2 103–551.

3 No funds appropriated to the Forest Service shall be

4 transferred to the Working Capital Fund of the Depart5 ment of Agriculture without the approval of the Chief of

6 the Forest Service.

7 Notwithstanding any other provision of the law, any

8 appropriations or funds available to the Forest Service

9 may be used to disseminate program information to pri10 vate and public individuals and organizations through the

11 use of nonmonetary items of nominal value and to provide

12 nonmonetary awards of nominal value and to incur nec13 essary expenses for the nonmonetary recognition of private

14 individuals and organizations that make contributions to

15 Forest Service programs.

16 Notwithstanding any other provision of law, money

17 collected, in advance or otherwise, by the Forest Service

18 under authority of section 101 of Public Law 93–153 (30

19 U.S.C. 185(1)) as reimbursement of administrative and

20 other costs incurred in processing pipeline right-of-way or

21 permit applications and for costs incurred in monitoring

22 the construction, operation, maintenance, and termination

23 of any pipeline and related facilities, may be used to reim24 burse the applicable appropriation to which such costs

25 were originally charged.
210

SJ 63 PCS

1 Funds available to the Forest Service shall be avail2 able to conduct a program of not less than $1,000,000

3 for high priority projects within the scope of the approved

4 budget which shall be carried out by the Youth Conserva5 tion Corps as authorized by the Act of August 13, 1970,

6 as amended by Public Law 93–408.

7 None of the funds available in this Act shall be used

8 for timber sale preparation using clearcutting in hardwood

9 stands in excess of 25 percent of the fiscal year 1989 har10 vested volume in the Wayne National Forest, Ohio: Pro11 vided, That this limitation shall not apply to hardwood

12 stands damaged by natural disaster: Provided further,

13 That landscape architects shall be used to maintain a vis14 ually pleasing forest.

15 Any money collected from the States for fire suppres16 sion assistance rendered by the Forest Service on non17 Federal lands not in the vicinity of National Forest Sys18 tem lands shall be used to reimburse the applicable appro19 priation and shall remain available until expended as the

20 Secretary may direct in conducting activities authorized

21 by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.

22 Of the funds available to the Forest Service, $1,500

23 is available to the Chief of the Forest Service for official

24 reception and representation expenses.
211

SJ 63 PCS

1 Notwithstanding any other provision of law, the For2 est Service is authorized to employ or otherwise contract

3 with persons at regular rates of pay, as determined by the

4 Service, to perform work occasioned by emergencies such

5 as fires, storms, floods, earthquakes or any other unavoid6 able cause without regard to Sundays, Federal holidays,

7 and the regular workweek.

8 To the greatest extent possible, and in accordance

9 with the Final Amendment to the Shawnee National For10 est Plan, none of the funds available in this Act shall be

11 used for preparation of timber sales using clearcutting or

12 other forms of even aged management in hardwood stands

13 in the Shawnee National Forest, Illinois.

14 Pursuant to sections 405(b) and 410(b) of Public

15 Law 101–593, funds up to $1,000,000 for matching funds

16 shall be available for the National Forest Foundation on

17 a one-for-one basis to match private contributions for

18 projects on or benefitting National Forest System lands

19 or related to Forest Service programs.

20 Pursuant to section 2(b)(2) of Public Law 98–244,

21 up to $1,000,000 of the funds available to the Forest

22 Service shall be available for matching funds, as author23 ized in 16 U.S.C. 3701–3709, on a one-for-one basis to

24 match private contributions for projects on or benefitting
212

SJ 63 PCS

1 National Forest System lands or related to Forest Service

2 programs.

3 Funds appropriated to the Forest Service shall be

4 available for interactions with and providing technical as5 sistance to rural communities for sustainable rural devel6 opment purposes.

7 Notwithstanding any other provision of law, 80 per8 cent of the funds appropriated to the Forest Service in

9 the National Forest System and Construction accounts

10 and planned to be allocated to activities under the ‘‘Jobs

11 in the Woods’’ program for projects on National Forest

12 land in the State of Washington may be granted directly

13 to the Washington State Department of Fish and Wildlife

14 for accomplishment of planned projects. Twenty percent

15 of said funds shall be retained by the Forest Service for

16 planning and administering projects. Project selection and

17 prioritization shall be accomplished by the Forest Service

18 with such consultation with the State of Washington as

19 the Forest Service deems appropriate.

20 Funds appropriated to the Forest Service shall be

21 available for payments to counties within the Columbia

22 River Gorge National Scenic Area, pursuant to sections

23 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

24 663.
213

SJ 63 PCS

1 The Secretary of Agriculture shall by March 31, 1997

2 report to the Committees on Appropriations of the House

3 of Representatives and the Senate on the status and dis4 position of all salvage timber sales started under the au5 thority of Section 2001 of Public Law 104–19 and subse6 quently withdrawn or delayed and completed under dif7 ferent authorities as a consequence of the July 2, 1996

8 directive on the implementation of Section 2001 issued by

9 the Secretary.

10 The Pacific Northwest Research Station Silviculture

11 Laboratory in Bend, Oregon is hereby named the Robert

12 W. Chandler Building.

13 For purposes of the Southeast Alaska Economic Dis14 aster Fund as set forth in section 101(c) of Public Law

15 104–134, the direct grants provided in subsection (c) shall

16 be considered direct payments for purposes of all applica17 ble law.

18 No Employee of the Department of Agriculture may

19 be detailed or assigned from an agency or office funded

20 by this Act to any other agency or office of the Depart21 ment for more than 30 days unless the individual’s em22 ploying agency or office is fully reimbursed by the receiv23 ing agency or office for the salary and expenses of the

24 employee for the period of assignment.
214

SJ 63 PCS

1 DEPARTMENT OF ENERGY

2 CLEAN COAL TECHNOLOGY

3 (RESCISSION)

4 Of the funds made available under this heading for

5 obligation in fiscal year 1997 or prior years, $123,000,000

6 are rescinded: Provided, That funds made available in pre7 vious appropriations Acts shall be available for any ongo8 ing project regardless of the separate request for proposal

9 under which the project was selected.

10 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

11 For necessary expenses in carrying out fossil energy

12 research and development activities, under the authority

13 of the Department of Energy Organization Act (Public

14 Law 95–91), including the acquisition of interest, includ15 ing defeasible and equitable interests in any real property

16 or any facility or for plant or facility acquisition or expan17 sion, and for conducting inquiries, technological investiga18 tions and research concerning the extraction, processing,

19 use, and disposal of mineral substances without objection20 able social and environmental costs (30 U.S.C. 3, 1602,

21 and 1603), performed under the minerals and materials

22 science programs at the Albany Research Center in Or23 egon, $364,704,000, to remain available until expended:

24 Provided, That no part of the sum herein made available

25 shall be used for the field testing of nuclear explosives in

26 the recovery of oil and gas.
215

SJ 63 PCS

1 ALTERNATIVE FUELS PRODUCTION

2 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

3 Monies received as investment income on the prin4 cipal amount in the Great Plains Project Trust at the

5 Norwest Bank of North Dakota, in such sums as are

6 earned as of October 1, 1996, shall be deposited in this

7 account and immediately transferred to the General Fund

8 of the Treasury. Monies received as revenue sharing from

9 the operation of the Great Plains Gasification Plant shall

10 be immediately transferred to the General Fund of the

11 Treasury. Funds are hereby rescinded in the amount of

12 $2,500,000 from unobligated balances under this head.

13 NAVAL PETROLEUM AND OIL SHALE RESERVES

14 For necessary expenses in carrying out naval petro15 leum and oil shale reserve activities, $143,786,000, to re16 main available until expended: Provided, That the require17 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal

18 year 1997.

19 ENERGY CONSERVATION

20 For necessary expenses in carrying out energy con21 servation activities, $550,000,000, to remain available

22 until expended, including, notwithstanding any other pro23 vision of law, the excess amount for fiscal year 1997 deter24 mined under the provisions of section 3003(d) of Public

25 Law 99–509 (15 U.S.C. 4502): Provided, That
216

SJ 63 PCS

1 $145,845,000 shall be for use in energy conservation pro2 grams as defined in section 3008(3) of Public Law 99–

3 509 (15 U.S.C. 4507) and shall not be available until ex4 cess amounts are determined under the provisions of sec5 tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):

6 Provided further, That notwithstanding section 3003(d)(2)

7 of Public Law 99–509 such sums shall be allocated to the

8 eligible programs as follows: $117,845,000 for weatheriza9 tion assistance grants and $28,000,000 for State energy

10 conservation grants.

11 ECONOMIC REGULATION

12 For necessary expenses in carrying out the activities

13 of the Office of Hearing and Appeals, $2,725,000, to re14 main available until expended.

15 STRATEGIC PETROLEUM RESERVE

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses for Strategic Petroleum Re18 serve facility development and operations and program

19 management activities pursuant to the Energy Policy and

20 Conservation Act of 1975, as amended (42 U.S.C. 6201

21 et seq.), $220,000,000, to remain available until expended,

22 of which $220,000,000 shall be repaid from the ‘‘SPR Op23 erating Fund’’ from amounts made available from the sale

24 of oil from the Reserve: Provided, That notwithstanding

25 section 161 of the Energy Policy and Conservation Act,
217

SJ 63 PCS

1 the Secretary shall draw down and sell in fiscal year 1997

2 $220,000,000 worth of oil from the Strategic Petroleum

3 Reserve: Provided further, That the proceeds from the sale

4 shall be deposited into a special account in the Treasury,

5 to be established and known as the ‘‘SPR Operating

6 Fund’’, and shall, upon receipt, be transferred to the Stra7 tegic Petroleum Reserve account for operations of the

8 Strategic Petroleum Reserve.

9 SPR PETROLEUM ACCOUNT

10 Notwithstanding 42 U.S.C. 6240(d) the United

11 States share of crude oil in Naval Petroleum Reserve

12 Numbered 1 (Elk Hills) may be sold or otherwise disposed

13 of to other than the Strategic Petroleum Reserve: Pro14 vided, That outlays in fiscal year 1997 resulting from the

15 use of funds in this account shall not exceed $5,000,000.

16 ENERGY INFORMATION ADMINISTRATION

17 For necessary expenses in carrying out the activities

18 of the Energy Information Administration, $66,120,000

19 to remain available until expended.

20 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

21 Appropriations under this Act for the current fiscal

22 year shall be available for hire of passenger motor vehicles;

23 hire, maintenance, and operation of aircraft; purchase, re24 pair, and cleaning of uniforms; and reimbursement to the
218

SJ 63 PCS

1 General Services Administration for security guard serv2 ices.

3 From appropriations under this Act, transfers of

4 sums may be made to other agencies of the Government

5 for the performance of work for which the appropriation

6 is made.

7 None of the funds made available to the Department

8 of Energy under this Act shall be used to implement or

9 finance authorized price support or loan guarantee pro10 grams unless specific provision is made for such programs

11 in an appropriations Act.

12 The Secretary is authorized to accept lands, build13 ings, equipment, and other contributions from public and

14 private sources and to prosecute projects in cooperation

15 with other agencies, Federal, State, private or foreign:

16 Provided, That revenues and other moneys received by or

17 for the account of the Department of Energy or otherwise

18 generated by sale of products in connection with projects

19 of the Department appropriated under this Act may be

20 retained by the Secretary of Energy, to be available until

21 expended, and used only for plant construction, operation,

22 costs, and payments to cost-sharing entities as provided

23 in appropriate cost-sharing contracts or agreements: Pro24 vided further, That the remainder of revenues after the

25 making of such payments shall be covered into the Treas-
219

SJ 63 PCS

1 ury as miscellaneous receipts: Provided further, That any

2 contract, agreement, or provision thereof entered into by

3 the Secretary pursuant to this authority shall not be exe4 cuted prior to the expiration of 30 calendar days (not in5 cluding any day in which either House of Congress is not

6 in session because of adjournment of more than three cal7 endar days to a day certain) from the receipt by the

8 Speaker of the House of Representatives and the Presi9 dent of the Senate of a full comprehensive report on such

10 project, including the facts and circumstances relied upon

11 in support of the proposed project.

12 No funds provided in this Act may be expended by

13 the Department of Energy to prepare, issue, or process

14 procurement documents for programs or projects for

15 which appropriations have not been made.

16 In addition to other authorities set forth in this Act,

17 the Secretary may accept fees and contributions from pub18 lic and private sources, to be deposited in a contributed

19 funds account, and prosecute projects using such fees and

20 contributions in cooperation with other Federal, State or

21 private agencies or concerns.
220

SJ 63 PCS

1 DEPARTMENT OF HEALTH AND HUMAN

2 SERVICES

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

5 For expenses necessary to carry out the Act of Au6 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina7 tion Act, the Indian Health Care Improvement Act, and

8 titles II and III of the Public Health Service Act with re9 spect to the Indian Health Service, $1,806,269,000, to10 gether with payments received during the fiscal year pur11 suant to 42 U.S.C. 238(b) for services furnished by the

12 Indian Health Service: Provided, That funds made avail13 able to tribes and tribal organizations through contracts,

14 grant agreements, or any other agreements or compacts

15 authorized by the Indian Self-Determination and Edu16 cation Assistance Act of 1975 (25 U.S.C. 450), shall be

17 deemed to be obligated at the time of the grant or contract

18 award and thereafter shall remain available to the tribe

19 or tribal organization without fiscal year limitation: Pro20 vided further, That $12,000,000 shall remain available

21 until expended, for the Indian Catastrophic Health Emer22 gency Fund: Provided further, That $356,325,000 for con23 tract medical care shall remain available for obligation

24 until September 30, 1998: Provided further, That of the

25 funds provided, not less than $11,706,000 shall be used
221

SJ 63 PCS

1 to carry out the loan repayment program under section

2 108 of the Indian Health Care Improvement Act: Provided

3 further, That funds provided in this Act may be used for

4 one-year contracts and grants which are to be performed

5 in two fiscal years, so long as the total obligation is re6 corded in the year for which the funds are appropriated:

7 Provided further, That the amounts collected by the Sec8 retary of Health and Human Services under the authority

9 of title IV of the Indian Health Care Improvement Act

10 shall remain available until expended for the purpose of

11 achieving compliance with the applicable conditions and

12 requirements of titles XVIII and XIX of the Social Secu13 rity Act (exclusive of planning, design, or construction of

14 new facilities): Provided further, That of the funds pro15 vided, $7,500,000 shall remain available until expended,

16 for the Indian Self-Determination Fund, which shall be

17 available for the transitional costs of initial or expanded

18 tribal contracts, compacts, grants or cooperative agree19 ments with the Indian Health Service under the provisions

20 of the Indian Self-Determination Act: Provided further,

21 That funding contained herein, and in any earlier appro22 priations Acts for scholarship programs under the Indian

23 Health Care Improvement Act (25 U.S.C. 1613) shall re24 main available for obligation until September 30, 1998:

25 Provided further, That amounts received by tribes and
222

SJ 63 PCS

1 tribal organizations under title IV of the Indian Health

2 Care Improvement Act shall be reported and accounted

3 for and available to the receiving tribes and tribal organi4 zations until expended.

5 INDIAN HEALTH FACILITIES

6 For construction, repair, maintenance, improvement,

7 and equipment of health and related auxiliary facilities,

8 including quarters for personnel; preparation of plans,

9 specifications, and drawings; acquisition of sites, purchase

10 and erection of modular buildings, and purchases of trail11 ers; and for provision of domestic and community sanita12 tion facilities for Indians, as authorized by section 7 of

13 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian

14 Self-Determination Act, and the Indian Health Care Im15 provement Act, and for expenses necessary to carry out

16 such Acts and titles II and III of the Public Health Serv17 ice Act with respect to environmental health and facilities

18 support activities of the Indian Health Service,

19 $247,731,000, to remain available until expended: Pro20 vided, That notwithstanding any other provision of law,

21 funds appropriated for the planning, design, construction

22 or renovation of health facilities for the benefit of an In23 dian tribe or tribes may be used to purchase land for sites

24 to construct, improve, or enlarge health or related facili25 ties.
223

SJ 63 PCS

1 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

2 Appropriations in this Act to the Indian Health Serv3 ice shall be available for services as authorized by 5 U.S.C.

4 3109 but at rates not to exceed the per diem rate equiva5 lent to the maximum rate payable for senior-level positions

6 under 5 U.S.C. 5376; hire of passenger motor vehicles and

7 aircraft; purchase of medical equipment; purchase of re8 prints; purchase, renovation and erection of modular

9 buildings and renovation of existing facilities; payments

10 for telephone service in private residences in the field,

11 when authorized under regulations approved by the Sec12 retary; and for uniforms or allowances therefore as au13 thorized by 5 U.S.C. 5901–5902; and for expenses of at14 tendance at meetings which are concerned with the func15 tions or activities for which the appropriation is made or

16 which will contribute to improved conduct, supervision, or

17 management of those functions or activities: Provided,

18 That in accordance with the provisions of the Indian

19 Health Care Improvement Act, non-Indian patients may

20 be extended health care at all tribally administered or In21 dian Health Service facilities, subject to charges, and the

22 proceeds along with funds recovered under the Federal

23 Medical Care Recovery Act (42 U.S.C. 2651–53) shall be

24 credited to the account of the facility providing the service

25 and shall be available without fiscal year limitation: Pro-
224

SJ 63 PCS

1 vided further, That notwithstanding any other law or regu2 lation, funds transferred from the Department of Housing

3 and Urban Development to the Indian Health Service

4 shall be administered under Public Law 86–121 (the In5 dian Sanitation Facilities Act) and Public Law 93–638,

6 as amended: Provided further, That funds appropriated to

7 the Indian Health Service in this Act, except those used

8 for administrative and program direction purposes, shall

9 not be subject to limitations directed at curtailing Federal

10 travel and transportation: Provided further, That notwith11 standing any other provision of law, funds previously or

12 herein made available to a tribe or tribal organization

13 through a contract, grant, or agreement authorized by

14 title I or title III of the Indian Self-Determination and

15 Education Assistance Act of 1975 (25 U.S.C. 450), may

16 be deobligated and reobligated to a self-determination con17 tract under title I, or a self-governance agreement under

18 title III of such Act and thereafter shall remain available

19 to the tribe or tribal organization without fiscal year limi20 tation: Provided further, That none of the funds made

21 available to the Indian Health Service in this Act shall

22 be used to implement the final rule published in the Fed23 eral Register on September 16, 1987, by the Department

24 of Health and Human Services, relating to the eligibility

25 for the health care services of the Indian Health Service
225

SJ 63 PCS

1 until the Indian Health Service has submitted a budget

2 request reflecting the increased costs associated with the

3 proposed final rule, and such request has been included

4 in an appropriations Act and enacted into law: Provided

5 further, That funds made available in this Act are to be

6 apportioned to the Indian Health Service as appropriated

7 in this Act, and accounted for in the appropriation struc8 ture set forth in this Act: Provided further, That funds

9 received from any source, including tribal contractors and

10 compactors for previously transferred functions which

11 tribal contractors and compactors no longer wish to retain,

12 for services, goods, or training and technical assistance,

13 shall be retained by the Indian Health Service and shall

14 remain available until expended by the Indian Health

15 Service: Provided further, That reimbursements for train16 ing, technical assistance, or services provided by the In17 dian Health Service will contain total costs, including di18 rect, administrative, and overhead associated with the pro19 vision of goods, services, or technical assistance: Provided

20 further, That the appropriation structure for the Indian

21 Health Service may not be altered without advance ap22 proval of the House and Senate Committees on Appropria23 tions.
226

SJ 63 PCS

1 DEPARTMENT OF EDUCATION

2 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

3 INDIAN EDUCATION

4 For necessary expenses to carry out, to the extent

5 not otherwise provided, title IX, part A of the Elementary

6 and Secondary Education Act of 1965, as amended, and

7 section 215 of the Department of Education Organization

8 Act, $61,000,000.

9 OTHER RELATED AGENCIES

10 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Navajo and

13 Hopi Indian Relocation as authorized by Public Law 93–

14 531, $19,345,000, to remain available until expended:

15 Provided, That funds provided in this or any other appro16 priations Act are to be used to relocate eligible individuals

17 and groups including evictees from District 6, Hopi-parti18 tioned lands residents, those in significantly substandard

19 housing, and all others certified as eligible and not in20 cluded in the preceding categories: Provided further, That

21 none of the funds contained in this or any other Act may

22 be used by the Office of Navajo and Hopi Indian Reloca23 tion to evict any single Navajo or Navajo family who, as

24 of November 30, 1985, was physically domiciled on the

25 lands partitioned to the Hopi Tribe unless a new or re-
227

SJ 63 PCS

1 placement home is provided for such household: Provided

2 further, That no relocatee will be provided with more than

3 one new or replacement home: Provided further, That the

4 Office shall relocate any certified eligible relocatees who

5 have selected and received an approved homesite on the

6 Navajo reservation or selected a replacement residence off

7 the Navajo reservation or on the land acquired pursuant

8 to 25 U.S.C. 640d–10.

9 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

10 CULTURE AND ARTS DEVELOPMENT

11 PAYMENT TO THE INSTITUTE

12 For payment to the Institute of American Indian and

13 Alaska Native Culture and Arts Development, as author14 ized by title XV of Public Law 99–498, as amended (20

15 U.S.C. 56, part A), $5,500,000.

16 SMITHSONIAN INSTITUTION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Smithsonian Institu19 tion, as authorized by law, including research in the fields

20 of art, science, and history; development, preservation, and

21 documentation of the National Collections; presentation of

22 public exhibits and performances; collection, preparation,

23 dissemination, and exchange of information and publica24 tions; conduct of education, training, and museum assist25 ance programs; maintenance, alteration, operation, lease
228

SJ 63 PCS

1 (for terms not to exceed thirty years), and protection of

2 buildings, facilities, and approaches; not to exceed

3 $100,000 for services as authorized by 5 U.S.C. 3109; up

4 to 5 replacement passenger vehicles; purchase, rental, re5 pair, and cleaning of uniforms for employees;

6 $317,557,000, of which not to exceed $30,665,000 for the

7 instrumentation program, collections acquisition, Museum

8 Support Center equipment and move, exhibition reinstalla9 tion, the National Museum of the American Indian, the

10 repatriation of skeletal remains program, research equip11 ment, information management, and Latino programming

12 shall remain available until expended, and including such

13 funds as may be necessary to support American overseas

14 research centers and a total of $125,000 for the Council

15 of American Overseas Research Centers: Provided, That

16 funds appropriated herein are available for advance pay17 ments to independent contractors performing research

18 services or participating in official Smithsonian presen19 tations.

20 CONSTRUCTION AND IMPROVEMENTS, NATIONAL

21 ZOOLOGICAL PARK

22 For necessary expenses of planning, construction, re23 modeling, and equipping of buildings and facilities at the

24 National Zoological Park, by contract or otherwise,

25 $3,850,000, to remain available until expended.
229

SJ 63 PCS

1 REPAIR AND RESTORATION OF BUILDINGS

2 For necessary expenses of repair and restoration of

3 buildings owned or occupied by the Smithsonian Institu4 tion, by contract or otherwise, as authorized by section

5 2 of the Act of August 22, 1949 (63 Stat. 623), including

6 not to exceed $10,000 for services as authorized by 5

7 U.S.C. 3109, $39,000,000, to remain available until ex8 pended: Provided, That contracts awarded for environ9 mental systems, protection systems, and exterior repair or

10 restoration of buildings of the Smithsonian Institution

11 may be negotiated with selected contractors and awarded

12 on the basis of contractor qualifications as well as price.

13 CONSTRUCTION

14 For necessary expenses for construction,

15 $10,000,000, to remain available until expended.

16 NATIONAL GALLERY OF ART

17 SALARIES AND EXPENSES

18 For the upkeep and operations of the National Gal19 lery of Art, the protection and care of the works of art

20 therein, and administrative expenses incident thereto, as

21 authorized by the Act of March 24, 1937 (50 Stat. 51),

22 as amended by the public resolution of April 13, 1939

23 (Public Resolution 9, Seventy-sixth Congress), including

24 services as authorized by 5 U.S.C. 3109; payment in ad25 vance when authorized by the treasurer of the Gallery for
230

SJ 63 PCS

1 membership in library, museum, and art associations or

2 societies whose publications or services are available to

3 members only, or to members at a price lower than to the

4 general public; purchase, repair, and cleaning of uniforms

5 for guards, and uniforms, or allowances therefor, for other

6 employees as authorized by law (5 U.S.C. 5901–5902);

7 purchase or rental of devices and services for protecting

8 buildings and contents thereof, and maintenance, alter9 ation, improvement, and repair of buildings, approaches,

10 and grounds; and purchase of services for restoration and

11 repair of works of art for the National Gallery of Art by

12 contracts made, without advertising, with individuals,

13 firms, or organizations at such rates or prices and under

14 such terms and conditions as the Gallery may deem prop15 er, $53,899,000, of which not to exceed $3,026,000 for

16 the special exhibition program shall remain available until

17 expended.

18 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

19 For necessary expenses of repair, restoration and

20 renovation of buildings, grounds and facilities owned or

21 occupied by the National Gallery of Art, by contract or

22 otherwise, as authorized, $5,942,000, to remain available

23 until expended: Provided, That contracts awarded for envi24 ronmental systems, protection systems, and exterior repair

25 or renovation of buildings of the National Gallery of Art
231

SJ 63 PCS

1 may be negotiated with selected contractors and awarded

2 on the basis of contractor qualifications as well as price.

3 JOHN F. KENNEDY CENTER FOR THE PERFORMING

4 ARTS

5 OPERATIONS AND MAINTENANCE

6 For necessary expenses for the operation, mainte7 nance and security of the John F. Kennedy Center for

8 the Performing Arts, $10,875,000.

9 CONSTRUCTION

10 For necessary expenses of capital repair and rehabili11 tation of the existing features of the building and site of

12 the John F. Kennedy Center for the Performing Arts,

13 $9,000,000, to remain available until expended.

14 WOODROW WILSON INTERNATIONAL CENTER FOR

15 SCHOLARS

16 SALARIES AND EXPENSES

17 For expenses necessary in carrying out the provisions

18 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.

19 1356) including hire of passenger vehicles and services as

20 authorized by 5 U.S.C. 3109, $5,840,000.
232

SJ 63 PCS

1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National

6 Foundation on the Arts and the Humanities Act of 1965,

7 as amended, $82,734,000, shall be available to the Na8 tional Endowment for the Arts for the support of projects

9 and productions in the arts through assistance to organi10 zations and individuals pursuant to section 5(c) of the Act,

11 and for administering the functions of the Act, to remain

12 available until expended.

13 MATCHING GRANTS

14 To carry out the provisions of section 10(a)(2) of the

15 National Foundation on the Arts and the Humanities Act

16 of 1965, as amended, $16,760,000, to remain available

17 until expended, to the National Endowment for the Arts:

18 Provided, That this appropriation shall be available for ob19 ligation only in such amounts as may be equal to the total

20 amounts of gifts, bequests, and devises of money, and

21 other property accepted by the Chairman or by grantees

22 of the Endowment under the provisions of section

23 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during

24 the current and preceding fiscal years for which equal

25 amounts have not previously been appropriated.
233

SJ 63 PCS

1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National

4 Foundation on the Arts and the Humanities Act of 1965,

5 as amended, $96,100,000 shall be available to the Na6 tional Endowment for the Humanities for support of ac7 tivities in the humanities, pursuant to section 7(c) of the

8 Act, and for administering the functions of the Act, to

9 remain available until expended.

10 MATCHING GRANTS

11 To carry out the provisions of section 10(a)(2) of the

12 National Foundation on the Arts and the Humanities Act

13 of 1965, as amended, $13,900,000, to remain available

14 until expended, of which $8,000,000 shall be available to

15 the National Endowment for the Humanities for the pur16 poses of section 7(h): Provided, That this appropriation

17 shall be available for obligation only in such amounts as

18 may be equal to the total amounts of gifts, bequests, and

19 devises of money, and other property accepted by the

20 Chairman or by grantees of the Endowment under the

21 provisions of subsections 11(a)(2)(B) and 11(a)(3)(B)

22 during the current and preceding fiscal years for which

23 equal amounts have not previously been appropriated.
234

SJ 63 PCS

1 INSTITUTE OF MUSEUM SERVICES

2 GRANTS AND ADMINISTRATION

3 For carrying out title II of the Arts, Humanities, and

4 Cultural Affairs Act of 1976, as amended, $22,000,000,

5 to remain available until expended.

6 ADMINISTRATIVE PROVISIONS

7 None of the funds appropriated to the National

8 Foundation on the Arts and the Humanities may be used

9 to process any grant or contract documents which do not

10 include the text of 18 U.S.C. 1913: Provided, That none

11 of the funds appropriated to the National Foundation on

12 the Arts and the Humanities may be used for official re13 ception and representation expenses.

14 COMMISSION OF FINE ARTS

15 SALARIES AND EXPENSES

16 For expenses made necessary by the Act establishing

17 a Commission of Fine Arts (40 U.S.C. 104), $867,000.

18 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

19 For necessary expenses as authorized by Public Law

20 99–190 (20 U.S.C. 956(a)), as amended, $6,000,000.

21 ADVISORY COUNCIL ON HISTORIC PRESERVATION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Advisory Council on

24 Historic Preservation (Public Law 89–665, as amended),

25 $2,500,000: Provided, That none of these funds shall be
235

SJ 63 PCS

1 available for the compensation of Executive Level V or

2 higher position.

3 NATIONAL CAPITAL PLANNING COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, as authorized by the Na6 tional Capital Planning Act of 1952 (40 U.S.C 71–71i),

7 including services as authorized by 5 U.S.C. 3109,

8 $5,390,000: Provided, That all appointed members will be

9 compensated at a rate not to exceed the rate for Executive

10 Schedule Level IV.

11 FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Franklin Delano Roo14 sevelt Memorial Commission, established by the Act of Au15 gust 11, 1955 (69 Stat. 694), as amended by Public Law

16 92–332 (86 Stat. 401), $500,000 to remain available until

17 expended.

18 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

19 HOLOCAUST MEMORIAL COUNCIL

20 For expenses of the Holocaust Memorial Council, as

21 authorized by Public Law 96–388 (36 U.S.C. 1401), as

22 amended, $30,707,000, of which $1,575,000 for the Muse23 um’s repair and rehabilitation program and $1,264,000

24 for the Museum’s exhibitions program shall remain avail25 able until expended.
236

SJ 63 PCS

1 TITLE III—GENERAL PROVISIONS

2 SEC. 301. The expenditure of any appropriation

3 under this Act for any consulting service through procure4 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

5 to those contracts where such expenditures are a matter

6 of public record and available for public inspection, except

7 where otherwise provided under existing law, or under ex8 isting Executive Order issued pursuant to existing law.

9 SEC. 302. No part of any appropriation under this

10 Act shall be available to the Secretary of the Interior or

11 the Secretary of Agriculture for the leasing of oil and nat12 ural gas by noncompetitive bidding on publicly owned

13 lands within the boundaries of the Shawnee National For14 est, Illinois: Provided, That nothing herein is intended to

15 inhibit or otherwise affect the sale, lease, or right to access

16 to minerals owned by private individuals.

17 SEC. 303. No part of any appropriation contained in

18 this Act shall be available for any activity or the publica19 tion or distribution of literature that in any way tends to

20 promote public support or opposition to any legislative

21 proposal on which congressional action is not complete.

22 SEC. 304. No part of any appropriation contained in

23 this Act shall remain available for obligation beyond the

24 current fiscal year unless expressly so provided herein.
237

SJ 63 PCS

1 SEC. 305. None of the funds provided in this Act to

2 any department or agency shall be obligated or expended

3 to provide a personal cook, chauffeur, or other personal

4 servants to any officer or employee of such department

5 or agency except as otherwise provided by law.

6 SEC. 306. No assessments may be levied against any

7 program, budget activity, subactivity, or project funded by

8 this Act unless advance notice of such assessments and

9 the basis therefor are presented to the Committees on Ap10 propriations and are approved by such Committees.

11 SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN

12 ACT.—None of the funds made available in this Act may

13 be expended by an entity unless the entity agrees that in

14 expending the funds the entity will comply with sections

15 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

16 10c; popularly known as the ‘‘Buy American Act’’).

17 (b) SENSE OF CONGRESS; REQUIREMENT REGARD18 ING NOTICE.—

19 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

20 AND PRODUCTS.—In the case of any equipment or

21 product that may be authorized to be purchased

22 with financial assistance provided using funds made

23 available in this Act, it is the sense of the Congress

24 that entities receiving the assistance should, in ex-
238

SJ 63 PCS

1 pending the assistance, purchase only American2 made equipment and products.

3 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

4 In providing financial assistance using funds made

5 available in this Act, the head of each Federal agen6 cy shall provide to each recipient of the assistance

7 a notice describing the statement made in paragraph

8 (1) by the Congress.

9 (c) PROHIBITION OF CONTRACTS WITH PERSONS

10 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

11 If it has been finally determined by a court or Federal

12 agency that any person intentionally affixed a label bear13 ing a ‘‘Made in America’’ inscription, or any inscription

14 with the same meaning, to any product sold in or shipped

15 to the United States that is not made in the United

16 States, the person shall be ineligible to receive any con17 tract or subcontract made with funds made available in

18 this Act, pursuant to the debarment, suspension, and ineli19 gibility procedures described in sections 9.400 through

20 9.409 of title 48, Code of Federal Regulations.

21 SEC. 308. None of the funds in this Act may be used

22 to plan, prepare, or offer for sale timber from trees classi23 fied as giant sequoia (Sequoiadendron giganteum) which

24 are located on National Forest System or Bureau of Land
239

SJ 63 PCS

1 Management lands in a manner different than such sales

2 were conducted in fiscal year 1995.

3 SEC. 309. None of the funds made available by this

4 Act may be obligated or expended by the National Park

5 Service to enter into or implement a concession contract

6 which permits or requires the removal of the underground

7 lunchroom at the Carlsbad Caverns National Park.

8 SEC. 310. Where the actual costs of construction

9 projects under self-determination contracts, compacts, or

10 grants, pursuant to Public Laws 93–638, 103–413, or

11 100–297, are less than the estimated costs thereof, use

12 of the resulting excess funds shall be determined by the

13 appropriate Secretary after consultation with the tribes.

14 SEC. 311. Notwithstanding Public Law 103–413,

15 quarterly payments of funds to tribes and tribal organiza16 tions under annual funding agreements pursuant to sec17 tion 108 of Public Law 93–638, as amended, may be made

18 on the first business day following the first day of a fiscal

19 quarter.

20 SEC. 312. None of the funds appropriated or other21 wise made available by this Act may be used for the

22 AmeriCorps program, unless the relevant agencies of the

23 Department of the Interior and/or Agriculture follow ap24 propriate reprogramming guidelines: Provided, That if no

25 funds are provided for the AmeriCorps program by the
240

SJ 63 PCS

1 VA–HUD and Independent Agencies fiscal year 1997 ap2 propriations bill, then none of the funds appropriated or

3 otherwise made available by this Act may be used for the

4 AmeriCorps programs.

5 SEC. 313. None of the funds made available in this

6 Act may be used (1) to demolish the bridge between Jersey

7 City, New Jersey, and Ellis Island; or (2) to prevent pe8 destrian use of such bridge, when it is made known to

9 the Federal official having authority to obligate or expend

10 such funds that such pedestrian use is consistent with gen11 erally accepted safety standards.

12 SEC. 314. (a) None of the funds appropriated or oth13 erwise made available pursuant to this Act shall be obli14 gated or expended to accept or process applications for

15 a patent for any mining or mill site claim located under

16 the general mining laws.

17 (b) The provisions of subsection (a) shall not apply

18 if the Secretary of the Interior determines that, for the

19 claim concerned: (1) a patent application was filed with

20 the Secretary on or before September 30, 1994, and (2)

21 all requirements established under sections 2325 and 2326

22 of the Revised Statutes (30 U.S.C. 29 and 30) for vein

23 or lode claims and sections 2329, 2330, 2331, and 2333

24 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for

25 placer claims, and section 2337 of the Revised Statutes
241

SJ 63 PCS

1 (30 U.S.C. 42) for mill site claims, as the case may be,

2 were fully complied with by the applicant by that date.

3 (c) PROCESSING SCHEDULE.—For those applications

4 for patents pursuant to subsection (b) which were filed

5 with the Secretary of the Interior, prior to September 30,

6 1994, the Secretary of the Interior shall—

7 (1) Within three months of the enactment of

8 this Act, file with the House and Senate Committees

9 on Appropriations and the Committee on Resources

10 of the House of Representatives and the Committee

11 on Energy and Natural Resources of the United

12 States Senate a plan which details how the Depart13 ment of the Interior will make a final determination

14 as to whether or not an applicant is entitled to a

15 patent under the general mining laws on at least 90

16 percent of such applications within five years of the

17 enactment of this Act and file reports annually

18 thereafter with the same committees detailing ac19 tions taken by the Department of the Interior to

20 carry out such plan; and

21 (2) Take such actions as may be necessary to

22 carry out such plan.

23 (d) MINERAL EXAMINATIONS.—In order to process

24 patent applications in a timely and responsible manner,

25 upon the request of a patent applicant, the Secretary of
242

SJ 63 PCS

1 the Interior shall allow the applicant to fund a qualified

2 third-party contractor to be selected by the Bureau of

3 Land Management to conduct a mineral examination of

4 the mining claims or mill sites contained in a patent appli5 cation as set forth in subsection (b). The Bureau of Land

6 Management shall have the sole responsibility to choose

7 and pay the third-party contractor in accordance with the

8 standard procedures employed by the Bureau of Land

9 Management in the retention of third-party contractors.

10 SEC. 315. None of the funds appropriated or other11 wise made available by this Act may be used for the pur12 poses of acquiring lands in the counties of Gallia, Law13 rence, Monroe, or Washington, Ohio, for the Wayne Na14 tional Forest.

15 SEC. 316. Of the funds provided to the National En16 dowment for the Arts:

17 (a) The Chairperson shall only award a grant

18 to an individual if such grant is awarded to such in19 dividual for a literature fellowship, National Herit20 age Fellowship, or American Jazz Masters Fellow21 ship.

22 (b) The Chairperson shall establish procedures

23 to ensure that no funding provided through a grant,

24 except a grant made to a State or local arts agency,

25 or regional group, may be used to make a grant to
243

SJ 63 PCS

1 any other organization or individual to conduct ac2 tivity independent of the direct grant recipient.

3 Nothing in this subsection shall prohibit payments

4 made in exchange for goods and services.

5 (c) No grant shall be used for seasonal support

6 to a group, unless the application is specific to the

7 contents of the season, including identified programs

8 and/or projects.

9 SEC. 317. None of the funds available to the Depart10 ment of the Interior or the Department of Agriculture by

11 this or any other Act may be used to prepare, promulgate,

12 implement, or enforce any rule or regulation pursuant to

13 title VIII of the Alaska National Interest Lands Conserva14 tion Act to assert jurisdiction, management, or control

15 over any waters (other than non-navigable waters on Fed16 eral lands), non-Federal lands, or lands selected by, but

17 not conveyed to, the State of Alaska pursuant to the Sub18 merged Lands Act of 1953 or the Alaska Statehood Act,

19 or an Alaska Native Corporation pursuant to the Alaska

20 Native Claims Settlement Act.

21 SEC. 318. No funds appropriated under this or any

22 other Act shall be used to review or modify sourcing areas

23 previously approved under section 490(c)(3) of the Forest

24 Resources Conservation and Shortage Relief Act of 1990

25 (Public Law 101–382) or to enforce or implement Federal
244

SJ 63 PCS

1 regulations 36 CFR part 223 promulgated on September

2 8, 1995. The regulations and interim rules in effect prior

3 to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87,

4 36 CFR 223 subpart D, 36 CFR 223 subpart F, and 36

5 CFR 261.6) shall remain in effect. The Secretary of Agri6 culture or the Secretary of the Interior shall not adopt

7 any policies concerning Public Law 101–382 or existing

8 regulations that would restrain domestic transportation or

9 processing of timber from private lands or impose addi10 tional accountability requirements on any timber. The Sec11 retary of Commerce shall extend until September 30,

12 1997, the order issued under section 491(b)(2)(A) of Pub13 lic Law 101–382 and shall issue an order under section

14 491(b)(2)(B) of such law that will be effective October 1,

15 1997.

16 SEC. 319. Section 101(c) of Public Law 104–134 is

17 amended as follows: Under the heading ‘‘Title III—Gen18 eral Provisions’’ amend section 315(b) by striking ‘‘50,

19 areas,’’ and inserting in lieu thereof ‘‘100, areas,’’ and

20 amend section 315(f) by striking ‘‘September 30, 1998’’

21 and inserting in lieu thereof ‘‘September 30, 1999’’ and

22 by striking ‘‘September 30, 2001’’ and inserting in lieu

23 thereof ‘‘September 30, 2002’’.

24 SEC. 320. None of the amounts made available by

25 this Act may be used for design, planning, implementa-
245

SJ 63 PCS

1 tion, engineering, construction, or any other activity in

2 connection with a scenic shoreline drive in Pictured Rocks

3 National Lakeshore.

4 SEC. 321. None of the funds made available in this

5 Act may be used by the Bureau of Indian Affairs to trans6 fer any land into trust under section 5 of the Indian Reor7 ganization Act (25 U.S.C. 465), or any other Federal stat8 ute that does not explicitly denominate and identify a spe9 cific tribe or specific property, except when it is made

10 known to the Federal official having authority to obligate

11 or expend such funds that—

12 (1) a binding agreement is in place between the

13 tribe that will have jurisdiction over the land to be

14 taken into trust and the appropriate State and local

15 officials; and

16 (2) such agreement provides, for as long as the

17 land is held in trust, for the collection and payment,

18 by any retail establishment located on the land to be

19 taken into trust, of State and local sales and excise

20 taxes, including any special tax on motor fuel, to21 bacco, or alcohol, on any retail item sold to any non22 member of the tribe for which the land is held in

23 trust, or an agreed upon payment in lieu of such

24 taxes.
246

SJ 63 PCS

1 SEC. 322. LAND TRANSFER, BEND SILVICULTURE

2 LAB, DESCHUTES NATIONAL FOREST, OREGON.—

3 (a) TRANSFER OF REAL PROPERTY AND ALL

4 IMPROVEMENTS LOCATED THEREON.—Notwith5 standing any other provisions of law, there is hereby

6 transferred, without consideration and subject to ex7 isting valid rights, all right, title and interest of the

8 United States in and to approximately 5.73 acres of

9 land as described by plat dated July 7, 1977, (which

10 is on file and available for public inspection in the

11 Office of the Chief, USDA Forest Service, Washing12 ton, D.C.), as well as all improvements, including

13 the Bend Silviculture Lab located thereon, to the

14 Central Oregon Community College, Bend, Oregon;

15 this being a portion of the same tract acquired by

16 donation from the City of Bend on August 10, 1960,

17 through a Bargain and Sale deed to the USDA For18 est Service for use as a research lab, and recorded

19 in volume 125, page 508 of the Deschutes County,

20 Oregon, Deed Records.

21 (b) CONDITIONS OF TRANSFER.—The transfer

22 effected by subsection (a) is made subject to no spe23 cial terms or conditions.

24 SEC. 323. Upon the date of enactment of this Act,

25 no part of any appropriation contained in this Act or any
247

SJ 63 PCS

1 other Act shall be expended or obligated to fund the activi2 ties of the Office of Forestry and Economic Assistance,

3 or any successor office.

4 SEC. 324. (a) The Secretary of the Interior is author5 ized to accept title to approximately 84 acres of land lo6 cated in Prince Georges County, Maryland, adjacent to

7 Oxon Cove Park, and bordered generally by the Potomac

8 River, Interstate 295 and the Woodrow Wilson Bridge, or

9 any interest therein, and in exchange therefor may convey

10 to the Corrections Corporation of America approximately

11 50 acres of land located in Oxon Cove Park in the District

12 of Columbia and bordered generally by Oxon Cove, Inter13 state 295 and the District of Columbia Impound Lot, or

14 any interest therein.

15 (b) Before proceeding with an exchange, the Sec16 retary shall determine if the Federal property is suitable

17 for exchange under the criteria normally used by the Na18 tional Park Service. The exchange shall comply with appli19 cable regulations and National Park Service policies for

20 land exchanges.

21 (c)(1) The Secretary shall not acquire any lands

22 under this section if the Secretary determines that the

23 lands or any portion thereof have become contaminated

24 with hazardous substances (as defined in the Comprehen-
248

SJ 63 PCS

1 sive Environmental Response, Compensation, and Liabil2 ity Act (42 U.S.C. 960l)).

3 (2) Notwithstanding any other provision of law, the

4 United States shall have no responsibility or liability with

5 respect to any hazardous wastes or other substances

6 placed on any of the lands covered by this section after

7 their transfer to the ownership of any party, but nothing

8 in this section shall be construed as either diminishing or

9 increasing any responsibility or liability of the United

10 States based on the condition of such lands on the date

11 of their transfer to the ownership of another party: Pro12 vided, That the Corrections Corporation of America shall

13 indemnify the United States for liabilities arising under

14 the Comprehensive Environmental Response, Compensa15 tion, and Liability Act (42 U.S.C. 960l) and the Resource

16 Conservation Recovery Act (42 U.S.C. 690l, et seq.).

17 (d) The properties so exchanged either shall be ap18 proximately equal in fair market value or if they are not

19 approximately equal, shall be equalized by the payment of

20 cash to the Corporation or to the Secretary as required

21 or in the event the value of the Corporation’s lands is

22 greater, the acreage may be reduced so that the fair mar23 ket value is approximately equal: Provided, That the Sec24 retary shall order appraisals made of the fair market value

25 for improvements thereon: Provided further, That any
249

SJ 63 PCS

1 such cash payment received by the Secretary shall be de2 posited to ‘‘Miscellaneous Trust Funds, National Park

3 Service’’ and shall be available without further appropria4 tion until expended for the acquisition of land within the

5 National Park System.

6 (e) Costs of conducting necessary land surveys, pre7 paring the legal descriptions of the lands to be conveyed,

8 performing the appraisals, and administrative costs in9 curred in completing the exchange shall be borne by the

10 Corporation.

11 (f) Following any exchange authorized by this provi12 sion, the boundaries of Oxon Cove Park shall be expanded

13 to include the land acquired by the United States.

14 SEC. 325. SECTION 1. LAND EXCHANGE.—

15 (a) EXCHANGE.—Subject to subsection (c), the

16 Secretary of Agriculture (referred to in this section

17 as the ‘‘Secretary’’) shall convey all right, title, and

18 interest of the United States in and to the National

19 Forest System lands described in subsection (b)(1)

20 to Public Utility District No. 1 of Chelan County,

21 Washington (referred to in this section as the ‘‘Pub22 lic Utility District’’), in exchange for the conveyance

23 to the Department of Agriculture by the Public Util24 ity District of all right, title, and interest of the
250

SJ 63 PCS

1 Public Utility District in and to the lands described

2 in subsection (b)(2).

3 (b) DESCRIPTION OF LANDS.—

4 (1) NATIONAL FOREST SYSTEM LANDS.—

5 The National Forest System lands referred to

6 in subsection (a) are 122 acres, more or less,

7 that are partially occupied by a wastewater

8 treatment facility referred to in subsection

9 (c)(4)(A) with the following legal description:

(A) The NE1⁄4 of SW1 10 ⁄4 of section 27

11 of township 27 north, range 17 east, Wil12 lamette Meridian, Chelan County, Wash13 ington.

(B) The N1⁄2 of SE1⁄4 of SW1 14 ⁄4 of

15 such section 27.

(C) The W1⁄2 of NW1⁄4 of SE1 16 ⁄4 of

17 such section 27.

(D) The NW1⁄4 of SW1⁄4 of SE1 18 ⁄4 of

19 such section 27.

(E) The E1⁄2 of NW1⁄4 of the SE1 20 ⁄4 of

21 such section 27.

(F) That portion of the S1⁄2 of SE1 22 ⁄4

of SW1 23 ⁄4 lying north of the northerly edge

24 of Highway 209 right-of-way of such sec25 tion 27.
251

SJ 63 PCS

1 (2) PUBLIC UTILITY DISTRICT LANDS.—

2 The lands owned by the Public Utility District

3 are 109.15 acres, more or less, with the follow4 ing legal description:

(A) S1⁄2 of SW1 5 ⁄4 of section 35 of

6 township 26 north, range 17 east, Willam7 ette Meridian, Chelan County, Washington.

8 (B) The area specified by Public Util9 ity District No. 1 as Government Lot 5 in

10 such section 35.

11 (c) REQUIREMENTS FOR EXCHANGE.—

12 (1) TITLE ACCEPTANCE AND CONVEY13 ANCE.—Upon offer by the Public Utility Dis14 trict of all right, title and interest in and to the

15 lands described in subsection (b)(2), if the title

16 is found acceptable by the Secretary, the Sec17 retary shall accept title to such lands and inter18 ests therein and shall convey to the Public Util19 ity District all right, title, and interest of the

20 United States in and to the lands described in

21 subsection (b)(1).

22 (2) APPRAISALS REQUIRED.—Before mak23 ing an exchange pursuant to subsection (a), the

24 Secretary shall conduct appraisals of the lands

25 that are subject to the exchange to determine
252

SJ 63 PCS

1 the fair market value of the lands. Such ap2 praisals shall not include the value of the

3 wastewater treatment facility referred to in

4 paragraph (4)(A).

5 (3) ADDITIONAL CONSIDERATION.—If, on

6 the basis of the appraisals made under para7 graph (1), the Secretary determines that the

8 fair market value of the lands to be conveyed by

9 one party under subsection (a) is less than the

10 fair market value of the lands to be conveyed by

11 the other party under subsection (a), then, as

12 a condition of making the exchange under sub13 section (a), the party conveying the lands with

14 the lesser value shall pay the other party the

15 amount by which the fair market value of the

16 lands of greater value exceeds the fair market

17 value of the lands of lesser value.

18 (4) CONVEYANCE OF WASTEWATER TREAT19 MENT FACILITY.—(A) As part of an exchange

20 made under subsection (a), the Secretary shall

21 convey to the Public Utility District of Chelan

22 County, Washington, all right, title and interest

23 of the United States in and to the wastewater

24 treatment facility (including the wastewater

25 treatment plant and associated lagoons) located
253

SJ 63 PCS

1 on the lands described in subsection (b)(1) that

2 is in existence on the date of the exchange.

3 (B) As a condition for the exchange under

4 subsection (a), the Public Utility District shall

5 provide for a credit equal to the fair market

6 value of the wastewater treatment facility con7 veyed pursuant to subparagraph (A) (deter8 mined as of November 4, 1991), that shall be

9 applied to the United States’ share of any new

10 wastewater treatment facility constructed by

11 the Public Utility District after such date.

12 (d) ADDITIONAL TERMS AND CONDITIONS.—

13 The Secretary may require such additional terms

14 and conditions in connection with the exchange

15 under this section as the Secretary determines ap16 propriate to protect the interests of the United

17 States.

18 SEC. 326. ‘‘Snoqualmie National Forest Boundary

19 Adjustment Act of 1996.’’

20 (a) IN GENERAL.—The Secretary of Agriculture

21 is hereby directed to modify the boundary of the

22 Snoqualmie National Forest to include and encom23 pass 10,589.47 acres, more or less, as generally de24 picted on a map entitled ‘‘Snoqualmie National For25 est Proposed 1996 Boundary Modification’’ dated
254

SJ 63 PCS

1 July, 1996. Such map, together with a legal descrip2 tion of all lands included in the boundary adjust3 ment, shall be on file and available for public inspec4 tion in the Office of the Chief of the Forest Service

5 in Washington, District of Columbia.

6 (b) RULE FOR LAND AND WATER CONSERVA7 TION FUND.—For the purposes of section 7 of the

8 Land and Water Conservation Fund Act of 1965

9 (16 U.S.C. 460l–9), the boundary of the Snoqualmie

10 National Forest, as modified pursuant to subsection

11 (a), shall be considered to be the boundary of that

12 National Forest as of January 1, 1965.

13 SEC. 327. Sugarbush Land Exchange Act of 1996.

14 (a) EXCHANGE OR SALE OF LAND.—

15 (1) If Sugarbush Resort Holdings, Inc.

16 conveys to the United States land acceptable to

17 the Secretary of Agriculture that is at least

18 equal in value to the value of the land described

19 in subsection (a)(2), makes a payment of cash

20 at least equal to that value, or conveys land and

21 makes a payment of cash that in combination

22 are at least equal to that value, the Secretary,

23 subject to valid existing rights, shall, under

24 such terms and conditions as the Secretary may

25 prescribe, convey all right, title, and interest of
255

SJ 63 PCS

1 the United States in and to the land described

2 in subsection (a)(2).

3 (2) FEDERAL LAND TO BE EXCHANGED.—

4 The Federal land to be exchanged is approxi5 mately 57 acres of federally owned land in the

6 Green Mountain National Forest depicted on

7 the map entitled ‘‘Green Mountain National

8 Forest, Sugarbush Exchange,’’ dated December

9 1995.

10 (3) Lands acquired from Sugarbush Resort

11 Holdings, Inc.—Any land conveyed to the

12 United States in an exchange under subsection

13 (a)(1) shall be subject to such valid existing

14 rights of record as may be acceptable to the

15 Secretary, and the title to the parcel shall con16 form with the title approval standards applica17 ble to federal land acquisitions.

18 (b) ADMINISTRATION OF LAND.—

19 (1) ADDITION TO GREEN MOUNTAIN NA20 TIONAL FOREST.—On approval and acceptance

21 of title by the Secretary, the land acquired by

22 the United States through an exchange or with

23 proceeds from a sale under subsection (a) shall

24 become part of the Green Mountain National
256

SJ 63 PCS

1 Forest, and the boundaries of the National For2 est shall be adjusted to include the land.

3 (2) ADMINISTRATION.—Land acquired

4 under this Act shall be administered by the Sec5 retary in accordance with the laws (including

6 regulations) pertaining to the National Forest

7 System.

8 (3) AUTHORITY OF THE SECRETARY.—

9 This section does not limit the authority of the

10 Secretary to adjust the boundaries of the Green

11 Mountain National Forest pursuant to section

12 11 of the Act of March 1, 1911 (36 Stat. 963,

13 chapter 186; 16 U.S.C. 521) (commonly known

14 as the ‘‘Weeks Law’’).

15 (4) For the purposes of section 7 of the

16 Land and Water Conservation Fund Act of

17 1965 (16 U.S.C. 460l–9), the boundaries of the

18 Green Mountain National Forest, as adjusted

19 under this Act, shall be considered to be the

20 boundaries of the Green Mountain National

21 Forest as of January 1, 1965.

22 SEC. 328. Snowbird Wilderness Study Area.

23 (a) IN GENERAL.—Section 6(a)(4) of the North

24 Carolina Wilderness Act of 1984 (Public Law 98–

25 324) is amended—
257

SJ 63 PCS

1 (1) by striking ‘‘eight thousand four hun2 dred and ninety acres’’ and inserting ‘‘8,390

3 acres’’; and

4 (2) by striking ‘‘July 1983’’ and inserting

5 ‘‘July 1996’’.

6 (b) MANAGEMENT.—The Secretary of Agri7 culture shall manage the area removed from wilder8 ness study status by the amendments made by sub9 section (a) in accordance with the provisions of law

10 applicable to adjacent areas outside the wilderness

11 study area.

12 SEC. 329. Renaming of Wilderness Area.

13 (a) The Columbia Wilderness, created by the

14 Oregon Wilderness Act of 1984, Public Law 98–328,

15 located in the Mt. Hood National Forest, Oregon,

16 shall be known and designated as the ‘‘Mark O.

17 Hatfield Wilderness’’.

18 (b) Any references in a law, map, regulation,

19 document, paper, or other record of the United

20 States to the Columbia Wilderness shall be deemed

21 to be a reference to the ‘‘Mark O. Hatfield Wilder22 ness’’.

23 SEC. 330. Notwithstanding any other provision of

24 law, for fiscal year 1997 the Secretaries of Agriculture and

25 Interior are authorized to limit competition for watershed
258

SJ 63 PCS

1 restoration project contracts as part of the ‘‘Jobs in the

2 Woods’’ component of the President’s Forest Plan for the

3 Pacific Northwest to individuals and entities in historically

4 timber-dependent areas in the States of Washington, Or5 egon, and northern California that have been affected by

6 reduced timber harvesting on Federal lands.

7 SEC. 331. Section 9 of the Rhode Island Indian

8 Claims Settlement Act (25 U.S.C. 1708) is amended—

9 (1) by striking ‘‘Sec. 9. Except as’’; and insert10 ing the following:

11 ‘‘(a) IN GENERAL.—Except as’’;

12 (2) by striking the section heading and insert13 ing the following:

14 ‘‘SEC. 9. APPLICABILITY OF STATE LAW; TREATMENT OF

15 SETTLEMENT LANDS UNDER THE INDIAN

16 GAMING REGULATORY ACT.’’;

17 and

18 (3) by adding at the end the following new sub19 section:

20 ‘‘(b) TREATMENT OF SETTLEMENT LANDS UNDER

21 THE INDIAN GAMING REGULATORY ACT.—For purposes

22 of the Indian Gaming Regulatory Act (25 U.S.C. 2701

23 et seq.), settlement lands shall not be treated as Indian

24 lands.’’.
259

SJ 63 PCS

1 SEC. 332. During fiscal year 1997, the Secretary of

2 the Interior may not expend any funds made available

3 under this Act to develop, promulgate, implement, or en4 force any regulation or procedure that provides for the es5 tablishment of class III gaming (as those terms are de6 fined under section 4 of the Indian Gaming Regulatory

7 Act (25 U.S.C. 2703)) in the absence of a tribal-State

8 compact entered into between an Indian tribe (as that

9 term is defined in section 4(e) of the Indian Self-Deter10 mination and Education Assistance Act (25 U.S.C.

11 450(b)(e)) and a State.

12 TITLE IV—EMERGENCY APPROPRIATIONS

13 DEPARTMENT OF THE INTERIOR

14 BUREAU OF LAND MANAGEMENT

15 MANAGEMENT OF LANDS AND RESOURCES

16 For an additional amount for management of lands

17 and resources, $3,500,000 to remain available until ex18 pended, to restore public lands damaged by fire: Provided,

19 That Congress hereby designates this amount as an emer20 gency requirement pursuant to section 251(b)(2)(D)(i) of

21 the Balanced Budget and Emergency Deficit Control Act

22 of 1985, as amended: Provided further, That this amount

23 shall be available only to the extent that an official budget

24 request for a specific dollar amount, that includes designa25 tion of the entire amount as an emergency requirement
260

SJ 63 PCS

1 as defined in the Balanced Budget and Emergency Deficit

2 Control Act of 1985, as amended, is transmitted by the

3 President to the Congress.

4 WILDLAND FIRE MANAGEMENT

5 For an additional amount for wildland fire manage6 ment, $100,000,000, to remain available until expended,

7 for emergency rehabilitation and wildfire suppression ac8 tivities of the Department of the Interior: Provided, That

9 Congress hereby designates this amount as an emergency

10 requirement pursuant to section 251(b)(2)(D)(i) of the

11 Balanced Budget and Emergency Deficit Control Act of

12 1985, as amended: Provided further, That this amount

13 shall be available only to the extent that an official budget

14 request for a specific dollar amount, that includes designa15 tion of the entire amount as an emergency requirement

16 as defined in the Balanced Budget and Emergency Deficit

17 Control Act of 1985, as amended, is transmitted by the

18 President to the Congress.

19 OREGON AND CALIFORNIA GRANT LANDS

20 For an additional amount for Oregon and California

21 grant lands, $2,500,000 to remain available until ex22 pended, to restore public lands damaged by fire: Provided,

23 That Congress hereby designates this amount as an emer24 gency requirement pursuant to section 251(b)(2)(D)(i) of

25 the Balanced Budget and Emergency Deficit Control Act

26 of 1985, as amended: Provided further, That this amount
261

SJ 63 PCS

1 shall be available only to the extent that an official budget

2 request for a specific dollar amount, that includes designa3 tion of the entire amount as an emergency requirement

4 as defined in the Balanced Budget and Emergency Deficit

5 Control Act of 1985, as amended, is transmitted by the

6 President to the Congress.

7 UNITED STATES FISH AND WILDLIFE SERVICE

8 RESOURCE MANAGEMENT

9 For an additional amount for resource management,

10 $600,000, to remain available until expended, to restore

11 public lands damaged by fire: Provided, That Congress

12 hereby designates this amount as an emergency require13 ment pursuant to section 251(b)(2)(D)(i) of the Balanced

14 Budget and Emergency Deficit Control Act of 1985, as

15 amended: Provided further, That this amount shall be

16 available only to the extent that an official budget request

17 for a specific dollar amount, that includes designation of

18 the entire amount as an emergency requirement as defined

19 in the Balanced Budget and Emergency Deficit Control

20 Act of 1985, as amended, is transmitted by the President

21 to the Congress.

22 CONSTRUCTION

23 For an additional amount for construction,

24 $15,891,000, to remain available until expended, to repair

25 damage caused by hurricanes, floods and other acts of na26 ture: Provided, That Congress hereby designates this
262

SJ 63 PCS

1 amount as an emergency requirement pursuant to section

2 251(b)(2)(D)(i) of the Balanced Budget and Emergency

3 Deficit Control Act of 1985, as amended: Provided further,

4 That this amount shall be available only to the extent that

5 an official budget request for a specific dollar amount,

6 that includes designation of the entire amount as an emer7 gency requirement as defined in the Balanced Budget and

8 Emergency Deficit Control Act of 1985, as amended, is

9 transmitted by the President to the Congress.

10 UNITED STATES GEOLOGICAL SURVEY

11 SURVEYS, INVESTIGATIONS, AND RESEARCH

12 For an additional amount for surveys, investigations,

13 and research, $1,138,000, to remain available until ex14 pended, to address damage caused by hurricanes and

15 floods: Provided, That Congress hereby designates this

16 amount as an emergency requirement pursuant to section

17 251(b)(2)(D)(i) of the Balanced Budget and Emergency

18 Deficit Control Act of 1985, as amended: Provided further,

19 That this amount shall be available only to the extent that

20 an official budget request for a specific dollar amount,

21 that includes designation of the entire amount as an emer22 gency requirement as defined in the Balanced Budget and

23 Emergency Deficit Control Act of 1985, as amended, is

24 transmitted by the President to the Congress.
263

SJ 63 PCS

1 NATIONAL PARK SERVICE

2 CONSTRUCTION

3 For an additional amount for construction,

4 $3,000,000, to remain available until expended, to repair

5 damage caused by hurricanes: Provided, That Congress

6 hereby designates this amount as an emergency require7 ment pursuant to section 251(b)(2)(D)(i) of the Balanced

8 Budget and Emergency Deficit Control Act of 1985, as

9 amended: Provided further, That this amount shall be

10 available only to the extent that an official budget request

11 for a specific dollar amount, that includes designation of

12 the entire amount as an emergency requirement as defined

13 in the Balanced Budget and Emergency Deficit Control

14 Act of 1985, as amended, is transmitted by the President

15 to the Congress.

16 BUREAU OF INDIAN AFFAIRS

17 OPERATION OF INDIAN PROGRAMS

18 For an additional amount for operation of Indian

19 programs, $6,600,000, to remain available until expended,

20 to repair damage caused by floods and to restore Indian

21 lands damaged by fire: Provided, That Congress hereby

22 designates this amount as an emergency requirement pur23 suant to section 251(b)(2)(D)(i) of the Balanced Budget

24 and Emergency Deficit Control Act of 1985, as amended:

25 Provided further, That this amount shall be available only
264

SJ 63 PCS

1 to the extent that an official budget request for a specific

2 dollar amount, that includes designation of the entire

3 amount as an emergency requirement as defined in the

4 Balanced Budget and Emergency Deficit Control Act of

5 1985, as amended, is transmitted by the President to the

6 Congress.

7 CONSTRUCTION

8 For an additional amount for construction,

9 $6,000,000, to remain available until expended, to repair

10 damage caused by floods: Provided, That Congress hereby

11 designates this amount as an emergency requirement pur12 suant to section 251(b)(2)(D)(i) of the Balanced Budget

13 and Emergency Deficit Control Act of 1985, as amended:

14 Provided further, That this amount shall be available only

15 to the extent that an official budget request for a specific

16 dollar amount, that includes designation of the entire

17 amount as an emergency requirement as defined in the

18 Balanced Budget and Emergency Deficit Control Act of

19 1985, as amended, is transmitted by the President to the

20 Congress.

21 DEPARTMENT OF AGRICULTURE

22 FOREST SERVICE

23 NATIONAL FOREST SYSTEM

24 For an additional amount for the National Forest

25 System, $3,395,000, to remain available until expended,

26 to repair damage caused by hurricanes: Provided, That
265

SJ 63 PCS

1 Congress hereby designates this amount as an emergency

2 requirement pursuant to section 251(b)(2)(D)(i) of the

3 Balanced Budget and Emergency Deficit Control Act of

4 1985, as amended: Provided further, That this amount

5 shall be available only to the extent that an official budget

6 request for a specific dollar amount, that includes designa7 tion of the entire amount as an emergency requirement

8 as defined in the Balanced Budget and Emergency Deficit

9 Control Act of 1985, as amended, is transmitted by the

10 President to the Congress.

11 WILDLAND FIRE MANAGEMENT

12 For an additional amount for wildland fire manage13 ment, $550,000,000, to remain available until expended,

14 for presuppression due to emergencies for emergency fire

15 suppression on or adjacent to National Forest System

16 lands or other lands under fire protection agreement and

17 for emergency rehabilitation of burned over National For18 est System lands: Provided, That such funds are available

19 for repayment of advances from other appropriations ac20 counts previously transferred for such purposes: Provided

21 further, That Congress hereby designates this amount as

22 an emergency requirement pursuant to section

23 251(b)(2)(D)(i) of the Balanced Budget and Emergency

24 Deficit Control Act of 1985, as amended: Provided further,

25 That this amount shall be available only to the extent that

26 an official budget request for a specific dollar amount,
266

SJ 63 PCS

1 that includes designation of the entire amount as an emer2 gency requirement as defined in the Balanced Budget and

3 Emergency Deficit Control Act of 1985, as amended, is

4 transmitted by the President to the Congress.

5 CONSTRUCTION AND RECONSTRUCTION

6 For an additional amount for construction and recon7 struction, $5,210,000, to remain available until expended,

8 to repair damage caused by hurricanes: Provided, That

9 Congress hereby designates this amount as an emergency

10 requirement pursuant to section 251(b)(2)(D)(i) of the

11 Balanced Budget and Emergency Deficit Control Act of

12 1985, as amended: Provided further, That this amount

13 shall be available only to the extent that an official budget

14 request for a specific dollar amount, that includes designa15 tion of the entire amount as an emergency requirement

16 as defined in the Balanced Budget and Emergency Deficit

17 Control Act of 1985, as amended, is transmitted by the

18 President to the Congress.

19 This Act may be cited as the ‘‘Department of the In20 terior and Related Agencies Appropriations Act, 1997’’.

21 (e) For programs, projects or activities in the Depart22 ments of Labor, Health and Human Services, and Edu23 cation, and Related Agencies Appropriations Act, 1997,

24 provided as follows, to be effective as if it had been en25 acted into law as the regular appropriations Act:
267

SJ 63 PCS

1 AN ACT

2 Making appropriations for the Departments of

3 Labor, Health and Human Services, and related agencies

4 for the fiscal year ending September 30, 1997, and for

5 other purposes.

6 TITLE I—DEPARTMENT OF LABOR

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 For expenses necessary to carry into effect the Job

10 Training Partnership Act, as amended, including the pur11 chase and hire of passenger motor vehicles, the construc12 tion, alteration, and repair of buildings and other facili13 ties, and the purchase of real property for training centers

14 as authorized by the Job Training Partnership Act; the

15 Women in Apprenticeship and Nontraditional Occupations

16 Act; the National Skill Standards Act of 1994; and the

17 School-to-Work Opportunities Act; $4,719,703,000 plus

18 reimbursements, of which $3,559,408,000 is available for

19 obligation for the period July 1, 1997 through June 30,

20 1998; of which $88,685,000 is available for the period

21 July 1, 1997 through June 30, 2000 for necessary ex22 penses of construction, rehabilitation, and acquisition of

23 Job Corps centers; and of which $200,000,000 shall be

24 available from July 1, 1997 through September 30, 1998,

25 for carrying out activities of the School-to-Work Opportu-
268

SJ 63 PCS

1 nities Act: Provided, That $52,502,000 shall be for carry2 ing out section 401 of the Job Training Partnership Act,

3 $69,285,000 shall be for carrying out section 402 of such

4 Act, $7,300,000 shall be for carrying out section 441 of

5 such Act, $8,000,000 shall be for all activities conducted

6 by and through the National Occupational Information

7 Coordinating Committee under such Act, $895,000,000

8 shall be for carrying out title II, part A of such Act, and

9 $126,672,000 shall be for carrying out title II, part C of

10 such Act: Provided further, That no funds from any other

11 appropriation shall be used to provide meal services at or

12 for Job Corps centers: Provided further, That funds pro13 vided to carry out title III of the Job Training Partnership

14 Act shall not be subject to the limitation contained in sub15 section (b) of section 315 of such Act; that the waiver

16 allowing a reduction in the cost limitation relating to re17 training services described in subsection (a)(2) of such

18 section 315 may be granted with respect to funds from

19 this Act if a substate grantee demonstrates to the Gov20 ernor that such waiver is appropriate due to the availabil21 ity of low-cost retraining services, is necessary to facilitate

22 the provision of needs-related payments to accompany

23 long-term training, or is necessary to facilitate the provi24 sion of appropriate basic readjustment services; and that

25 funds provided to carry out the Secretary’s discretionary
269

SJ 63 PCS

1 grants under part B of such title III may be used to pro2 vide needs-related payments to participants who, in lieu

3 of meeting the requirements relating to enrollment in

4 training under section 314(e) of such Act, are enrolled in

5 training by the end of the sixth week after grant funds

6 have been awarded: Provided further, That service delivery

7 areas may transfer funding provided herein under author8 ity of titles II–B and II–C of the Job Training Partner9 ship Act between the programs authorized by those titles

10 of that Act, if such transfer is approved by the Governor:

11 Provided further, That service delivery areas and substate

12 areas may transfer up to 50 percent of the funding pro13 vided herein under authority of title II–A and title III of

14 the Job Training Partnership Act between the programs

15 authorized by those titles of the Act, if such transfer is

16 approved by the Governor: Provided further, That, not17 withstanding any other provision of law, any proceeds

18 from the sale of Job Corps center facilities shall be re19 tained by the Secretary of Labor to carry out the Job

20 Corps program: Provided further, That notwithstanding

21 any other provision of law, the Secretary of Labor may

22 waive any of the statutory or regulatory requirements of

23 titles I–III of the Job Training Partnership Act (except

24 for requirements relating to wage and labor standards,

25 grievance procedures and judicial review, nondiscrimina-
270

SJ 63 PCS

1 tion allotment of funds, and eligibility), and any of the

2 statutory or regulatory requirements of sections 8–10 of

3 the Wagner-Peyser Act (except for requirements relating

4 to the provision of services to unemployment insurance

5 claimants and veterans, and to universal access to basic

6 labor exchange services without cost to job seekers), for

7 funds available for expenditure in program year 1997,

8 pursuant to a request submitted by a State, if the Sec9 retary determines that such requirements impede the abil10 ity of the State to implement a plan to improve the

11 workforce development system and the State has executed

12 a Memorandum of Understanding with the Secretary re13 quiring such State to meet agreed upon outcomes and im14 plement other appropriate measures to ensure accountabil15 ity: Provided further, That the Secretary of Labor shall

16 establish a workforce flexibility (work-flex) partnership

17 demonstration program under which the Secretary shall

18 authorize not more than six States, of which at least three

19 States shall each have populations not in excess of

20 3,500,000, with a preference given to those States that

21 have been designated Ed-Flex Partnership States under

22 section 311(e) of Public Law 103–227, to waive any statu23 tory or regulatory requirement applicable to service deliv24 ery areas or substate areas within the State under titles

25 I–III of the Job Training Partnership Act (except for re-
271

SJ 63 PCS

1 quirements relating to wage and labor standards, griev2 ance procedures and judicial review, nondiscrimination, al3 lotment of funds, and eligibility), and any of the statutory

4 or regulatory requirements of sections 8–10 of the Wag5 ner-Peyser Act (except for requirements relating to the

6 provision of services to unemployment insurance claimants

7 and veterans, and to universal access to basic labor ex8 change services without cost to job seekers), for a duration

9 not to exceed the waiver period authorized under section

10 311(e) of Public Law 103–227, pursuant to a plan sub11 mitted by such States and approved by the Secretary for

12 the provision of workforce employment and training activi13 ties in the States, which includes a description of the proc14 ess by which service delivery areas and substate areas may

15 apply for and have waivers approved by the State, the re16 quirements of the Wagner-Peyser Act to be waived, the

17 outcomes to be achieved and other measures to be taken

18 to ensure appropriate accountability for federal Funds.

19 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

20 AMERICANS

21 (TRANSFER OF FUNDS)

22 To carry out the activities for national grants or con23 tracts with public agencies and public or private nonprofit

24 organizations under paragraph (1)(A) of section 506(a)

25 of title V of the Older Americans Act of 1965, as amended,
272

SJ 63 PCS

1 or to carry out older worker activities as subsequently au2 thorized, $361,140,000.

3 To carry out the activities for grants to States under

4 paragraph (3) of section 506(a) of title V of the Older

5 Americans Act of 1965, as amended, or to carry out older

6 worker activities as subsequently authorized,

7 $101,860,000.

8 The funds appropriated under this heading shall be

9 transferred to the Department of Health and Human

10 Services, ‘‘Aging Services Programs’’ following the enact11 ment of legislation authorizing the administration of the

12 program by that Department.

13 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

14 For payments during the current fiscal year of trade

15 adjustment benefit payments and allowances under part

16 I, and for training, for allowances for job search and relo17 cation, and for related State administrative expenses

18 under part II, subchapters B and D, chapter 2, title II

19 of the Trade Act of 1974, as amended, $324,500,000, to20 gether with such amounts as may be necessary to be

21 charged to the subsequent appropriation for payments for

22 any period subsequent to September 15 of the current

23 year.
273

SJ 63 PCS

1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

3 For authorized administrative expenses,

4 $173,452,000, together with not to exceed

5 $3,146,826,000 (including not to exceed $1,653,000

6 which may be used for amortization payments to States

7 which had independent retirement plans in their State em8 ployment service agencies prior to 1980, and including not

9 to exceed $2,000,000 which may be obligated in contracts

10 with non-State entities for activities such as occupational

11 and test research activities which benefit the Federal12 State Employment Service System), which may be ex13 pended from the Employment Security Administration ac14 count in the Unemployment Trust Fund including the cost

15 of administering section 1201 of the Small Business Job

16 Protection Act of 1996, section 7(d) of the Wagner-Peyser

17 Act, as amended, the Trade Act of 1974, as amended, the

18 Immigration Act of 1990, and the Immigration and Na19 tionality Act, as amended, and of which the sums available

20 in the allocation for activities authorized by title III of

21 the Social Security Act, as amended (42 U.S.C. 502–504),

22 and the sums available in the allocation for necessary ad23 ministrative expenses for carrying out 5 U.S.C. 8501–

24 8523, shall be available for obligation by the States

25 through December 31, 1997, except that funds used for
274

SJ 63 PCS

1 automation acquisitions shall be available for obligation by

2 States through September 30, 1999; and of which

3 $23,452,000, together with not to exceed $738,283,000

4 of the amount which may be expended from said trust

5 fund, shall be available for obligation for the period July

6 1, 1997 through June 30, 1998, to fund activities under

7 the Act of June 6, 1933, as amended, including the cost

8 of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E)

9 made available to States in lieu of allotments for such pur10 pose, and of which $216,333,000 shall be available only

11 to the extent necessary for additional State allocations to

12 administer unemployment compensation laws to finance

13 increases in the number of unemployment insurance

14 claims filed and claims paid or changes in a State law:

15 Provided, That to the extent that the Average Weekly In16 sured Unemployment (AWIU) for fiscal year 1997 is pro17 jected by the Department of Labor to exceed 2,828,000

18 an additional $28,600,000 shall be available for obligation

19 for every 100,000 increase in the AWIU level (including

20 a pro rata amount for any increment less than 100,000)

21 from the Employment Security Administration Account of

22 the Unemployment Trust Fund: Provided further, That

23 funds appropriated in this Act which are used to establish

24 a national one-stop career center network may be obli25 gated in contracts, grants or agreements with non-State
275

SJ 63 PCS

1 entities: Provided further, That funds appropriated under

2 this Act for activities authorized under the Wagner-Peyser

3 Act, as amended, and title III of the Social Security Act,

4 may be used by the States to fund integrated Employment

5 Service and Unemployment Insurance automation efforts,

6 notwithstanding cost allocation principles prescribed

7 under Office of Management and Budget Circular A–87.

8 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

9 OTHER FUNDS

10 For repayable advances to the Unemployment Trust

11 Fund as authorized by sections 905(d) and 1203 of the

12 Social Security Act, as amended, and to the Black Lung

13 Disability Trust Fund as authorized by section 9501(c)(1)

14 of the Internal Revenue Code of 1954, as amended; and

15 for nonrepayable advances to the Unemployment Trust

16 Fund as authorized by section 8509 of title 5, United

17 States Code, section 104(d) of Public Law 102–164, and

18 section 5 of Public Law 103–6, and to the ‘‘Federal unem19 ployment benefits and allowances’’ account, to remain

20 available until September 30, 1998, $373,000,000.

21 In addition, for making repayable advances to the

22 Black Lung Disability Trust Fund in the current fiscal

23 year after September 15, 1997, for costs incurred by the

24 Black Lung Disability Trust Fund in the current fiscal

25 year, such sums as may be necessary.
276

SJ 63 PCS

1 PROGRAM ADMINISTRATION

2 For expenses of administering employment and train3 ing programs and for carrying out section 908 of the So4 cial Security Act, $81,393,000, together with not to ex5 ceed $39,977,000, which may be expended from the Em6 ployment Security Administration account in the Unem7 ployment Trust Fund.

8 PENSION AND WELFARE BENEFITS ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses for Pension and Welfare Ben11 efits Administration, $71,783,000, of which $6,000,000

12 shall remain available through September 30, 1998 for ex13 penses of revising the processing of employee benefit plan

14 returns.

15 PENSION BENEFIT GUARANTY CORPORATION

16 PENSION BENEFIT GUARANTY CORPORATION FUND

17 The Pension Benefit Guaranty Corporation is author18 ized to make such expenditures, including financial assist19 ance authorized by section 104 of Public Law 96–364,

20 within limits of funds and borrowing authority available

21 to such Corporation, and in accord with law, and to make

22 such contracts and commitments without regard to fiscal

23 year limitations as provided by section 104 of the Govern24 ment Corporation Control Act, as amended (31 U.S.C.

25 9104), as may be necessary in carrying out the program
277

SJ 63 PCS

1 through September 30, 1997, for such Corporation: Pro2 vided, That not to exceed $10,345,000 shall be available

3 for administrative expenses of the Corporation: Provided

4 further, That expenses of such Corporation in connection

5 with the termination of pension plans, for the acquisition,

6 protection or management, and investment of trust assets,

7 and for benefits administration services shall be consid8 ered as non-administrative expenses for the purposes here9 of, and excluded from the above limitation.

10 EMPLOYMENT STANDARDS ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Employment Stand13 ards Administration, including reimbursement to State,

14 Federal, and local agencies and their employees for inspec15 tion services rendered, $290,422,000, together with

16 $983,000 which may be expended from the Special Fund

17 in accordance with sections 39(c) and 44(j) of the

18 Longshore and Harbor Workers’ Compensation Act: Pro19 vided, That the Secretary of Labor is authorized to accept,

20 retain, and spend, until expended, in the name of the De21 partment of Labor, all sums of money ordered to be paid

22 to the Secretary of Labor, in accordance with the terms

23 of the Consent Judgment in Civil Action No. 91–0027 of

24 the United States District Court for the District of the

25 Northern Mariana Islands (May 21, 1992): Provided fur-
278

SJ 63 PCS

1 ther, That the Secretary of Labor is authorized to estab2 lish and, in accordance with 31 U.S.C. 3302, collect and

3 deposit in the Treasury fees for processing applications

4 and issuing certificates under sections 11(d) and 14 of the

5 Fair Labor Standards Act of 1938, as amended (29

6 U.S.C. 211(d) and 214) and for processing applications

7 and issuing registrations under title I of the Migrant and

8 Seasonal Agricultural Worker Protection Act, 29 U.S.C.

9 1801 et seq.

10 SPECIAL BENEFITS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the payment of compensation, benefits, and ex13 penses (except administrative expenses) accruing during

14 the current or any prior fiscal year authorized by title 5,

15 chapter 81 of the United States Code; continuation of ben16 efits as provided for under the head ‘‘Civilian War Bene17 fits’’ in the Federal Security Agency Appropriation Act,

18 1947; the Employees’ Compensation Commission Appro19 priation Act, 1944; and sections 4(c) and 5(f) of the War

20 Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per

21 centum of the additional compensation and benefits re22 quired by section 10(h) of the Longshore and Harbor

23 Workers’ Compensation Act, as amended, $213,000,000

24 together with such amounts as may be necessary to be

25 charged to the subsequent year appropriation for the pay26 ment of compensation and other benefits for any period
279

SJ 63 PCS

1 subsequent to August 15 of the current year: Provided,

2 That such sums as are necessary may be used under sec3 tion 8104 of title 5, United States Code, by the Secretary

4 to reimburse an employer, who is not the employer at the

5 time of injury, for portions of the salary of a reemployed,

6 disabled beneficiary: Provided further, That balances of re7 imbursements unobligated on September 30, 1996, shall

8 remain available until expended for the payment of com9 pensation, benefits, and expenses: Provided further, That

10 in addition there shall be transferred to this appropriation

11 from the Postal Service and from any other corporation

12 or instrumentality required under section 8147(c) of title

13 5, United States Code, to pay an amount for its fair share

14 of the cost of administration, such sums as the Secretary

15 of Labor determines to be the cost of administration for

16 employees of such fair share entities through September

17 30, 1997: Provided further, That of those funds trans18 ferred to this account from the fair share entities to pay

19 the cost of administration, $11,390,000 shall be made

20 available to the Secretary of Labor for expenditures relat21 ing to capital improvements in support of Federal Employ22 ees’ Compensation Act administration, and the balance of

23 such funds shall be paid into the Treasury as miscellane24 ous receipts: Provided further, That the Secretary may re25 quire that any person filing a notice of injury or a claim
280

SJ 63 PCS

1 for benefits under Subchapter 5, U.S.C., chapter 81, or

2 under subchapter 33, U.S.C. 901, et seq. (the Longshore

3 and Harbor Workers’ Compensation Act, as amended),

4 provide as part of such notice and claim, such identifying

5 information (including Social Security account number) as

6 such regulations may prescribe.

7 BLACK LUNG DISABILITY TRUST FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For payments from the Black Lung Disability Trust

10 Fund, $1,007,644,000, of which $961,665,000 shall be

11 available until September 30, 1998, for payment of all

12 benefits as authorized by section 9501(d) (1), (2), (4), and

13 (7) of the Internal Revenue Code of 1954, as amended,

14 and interest on advances as authorized by section

15 9501(c)(2) of that Act, and of which $26,071,000 shall

16 be available for transfer to Employment Standards Ad17 ministration, Salaries and Expenses, $19,621,000 for

18 transfer to Departmental Management, Salaries and Ex19 penses, and $287,000 for transfer to Departmental Man20 agement, Office of Inspector General, for expenses of oper21 ation and administration of the Black Lung Benefits pro22 gram as authorized by section 9501(d)(5)(A) of that Act:

23 Provided, That, in addition, such amounts as may be nec24 essary may be charged to the subsequent year appropria25 tion for the payment of compensation, interest, or other

26 benefits for any period subsequent to August 15 of the
281

SJ 63 PCS

1 current year: Provided further, That in addition such

2 amounts shall be paid from this fund into miscellaneous

3 receipts as the Secretary of the Treasury determines to

4 be the administrative expenses of the Department of the

5 Treasury for administering the fund during the current

6 fiscal year, as authorized by section 9501(d)(5)(B) of that

7 Act.

8 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Occupational Safety

11 and Health Administration, $325,734,000, including not

12 to exceed $71,935,000 which shall be the maximum

13 amount available for grants to States under section 23(g)

14 of the Occupational Safety and Health Act, which grants

15 shall be no less than fifty percent of the costs of State

16 occupational safety and health programs required to be

17 incurred under plans approved by the Secretary under sec18 tion 18 of the Occupational Safety and Health Act of

19 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

20 the Occupational Safety and Health Administration may

21 retain up to $750,000 per fiscal year of training institute

22 course tuition fees, otherwise authorized by law to be col23 lected, and may utilize such sums for occupational safety

24 and health training and education grants: Provided, That,

25 notwithstanding 31 U.S.C. 3302, the Secretary of Labor
282

SJ 63 PCS

1 is authorized, during the fiscal year ending September 30,

2 1997, to collect and retain fees for services provided to

3 Nationally Recognized Testing Laboratories, and may uti4 lize such sums, in accordance with the provisions of 29

5 U.S.C. 9a, to administer national and international lab6 oratory recognition programs that ensure the safety of

7 equipment and products used by workers in the workplace:

8 Provided further, That none of the funds appropriated

9 under this paragraph shall be obligated or expended to

10 prescribe, issue, administer, or enforce any standard, rule,

11 regulation, or order under the Occupational Safety and

12 Health Act of 1970 which is applicable to any person who

13 is engaged in a farming operation which does not maintain

14 a temporary labor camp and employs ten or fewer employ15 ees: Provided further, That no funds appropriated under

16 this paragraph shall be obligated or expended to admin17 ister or enforce any standard, rule, regulation, or order

18 under the Occupational Safety and Health Act of 1970

19 with respect to any employer of ten or fewer employees

20 who is included within a category having an occupational

21 injury lost workday case rate, at the most precise Stand22 ard Industrial Classification Code for which such data are

23 published, less than the national average rate as such

24 rates are most recently published by the Secretary, acting
283

SJ 63 PCS

1 through the Bureau of Labor Statistics, in accordance

2 with section 24 of that Act (29 U.S.C. 673), except—

3 (1) to provide, as authorized by such Act, con4 sultation, technical assistance, educational and train5 ing services, and to conduct surveys and studies;

6 (2) to conduct an inspection or investigation in

7 response to an employee complaint, to issue a cita8 tion for violations found during such inspection, and

9 to assess a penalty for violations which are not cor10 rected within a reasonable abatement period and for

11 any willful violations found;

12 (3) to take any action authorized by such Act

13 with respect to imminent dangers;

14 (4) to take any action authorized by such Act

15 with respect to health hazards;

16 (5) to take any action authorized by such Act

17 with respect to a report of an employment accident

18 which is fatal to one or more employees or which re19 sults in hospitalization of two or more employees,

20 and to take any action pursuant to such investiga21 tion authorized by such Act; and

22 (6) to take any action authorized by such Act

23 with respect to complaints of discrimination against

24 employees for exercising rights under such Act:
284

SJ 63 PCS

1 Provided further, That the foregoing proviso shall not

2 apply to any person who is engaged in a farming operation

3 which does not maintain a temporary labor camp and em4 ploys ten or fewer employees.

5 MINE SAFETY AND HEALTH ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses for the Mine Safety and

8 Health Administration, $197,810,000, including purchase

9 and bestowal of certificates and trophies in connection

10 with mine rescue and first-aid work, and the hire of pas11 senger motor vehicles; the Secretary is authorized to ac12 cept lands, buildings, equipment, and other contributions

13 from public and private sources and to prosecute projects

14 in cooperation with other agencies, Federal, State, or pri15 vate; the Mine Safety and Health Administration is au16 thorized to promote health and safety education and train17 ing in the mining community through cooperative pro18 grams with States, industry, and safety associations; and

19 any funds available to the Department may be used, with

20 the approval of the Secretary, to provide for the costs of

21 mine rescue and survival operations in the event of a

22 major disaster: Provided, That none of the funds appro23 priated under this paragraph shall be obligated or ex24 pended to carry out section 115 of the Federal Mine Safe25 ty and Health Act of 1977 or to carry out that portion
285

SJ 63 PCS

1 of section 104(g)(1) of such Act relating to the enforce2 ment of any training requirements, with respect to shell

3 dredging, or with respect to any sand, gravel, surface

4 stone, surface clay, colloidal phosphate, or surface lime5 stone mine.

6 BUREAU OF LABOR STATISTICS

7 SALARIES AND EXPENSES

8 For necessary expenses for the Bureau of Labor Sta9 tistics, including advances or reimbursements to State,

10 Federal, and local agencies and their employees for serv11 ices rendered, $309,647,000, of which $16,145,000 shall

12 be for expenses of revising the Consumer Price Index and

13 shall remain available until September 30, 1998, together

14 with not to exceed $52,053,000, which may be expended

15 from the Employment Security Administration account in

16 the Unemployment Trust Fund.

17 DEPARTMENTAL MANAGEMENT

18 SALARIES AND EXPENSES

19 For necessary expenses for Departmental Manage20 ment, including the hire of three sedans, and including

21 up to $4,358,000 for the President’s Committee on Em22 ployment of People With Disabilities, $142,211,000; to23 gether with not to exceed $297,000, which may be ex24 pended from the Employment Security Administration ac25 count in the Unemployment Trust Fund: Provided, That
286

SJ 63 PCS

1 no funds made available by this Act may be used by the

2 Solicitor of Labor to participate in a review in any United

3 States court of appeals of any decision made by the Bene4 fits Review Board under section 21 of the Longshore and

5 Harbor Workers’ Compensation Act (33 U.S.C. 921)

6 where such participation is precluded by the decision of

7 the United States Supreme Court in Director, Office of

8 Workers’ Compensation Programs v. Newport News Ship9 building, 115 S. Ct. 1278 (1995): Provided further, That

10 no funds made available by this Act may be used by the

11 Secretary of Labor to review a decision under the

12 Longshore and Harbor Workers’ Compensation Act (33

13 U.S.C. 901 et seq.) that has been appealed and that has

14 been pending before the Benefits Review Board for more

15 than 12 months: Provided further, That any such decision

16 pending a review by the Benefits Review Board for more

17 than one year shall be considered affirmed by the Benefits

18 Review Board on that date, and shall be considered the

19 final order of the Board for purposes of obtaining a review

20 in the United States courts of appeals: Provided further,

21 That these provisions shall not be applicable to the review

22 of any decision issued under the Black Lung Benefits Act

23 (30 U.S.C. 901 et seq.): Provided further, That

24 $1,000,000 shall be for a Commission on Retirement In25 come Policy, if authorized.
287

SJ 63 PCS

1 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

2 AND TRAINING

3 Not to exceed $181,949,000 may be derived from the

4 Employment Security Administration account in the Un5 employment Trust Fund to carry out the provisions of 38

6 U.S.C. 4100–4110A and 4321–4327, and Public Law

7 103–353, and which shall be available for obligation by

8 the States through December 31, 1997.

9 OFFICE OF INSPECTOR GENERAL

10 For salaries and expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

12 General Act of 1978, as amended, $42,938,000, together

13 with not to exceed $3,543,000, which may be expended

14 from the Employment Security Administration account in

15 the Unemployment Trust Fund.

16 GENERAL PROVISIONS

17 SEC. 101. None of the funds appropriated in this title

18 for the Job Corps shall be used to pay the compensation

19 of an individual, either as direct costs or any proration

20 as an indirect cost, at a rate in excess of $125,000.

21 (TRANSFER OF FUNDS)

22 SEC. 102. Not to exceed 1 percent of any discre23 tionary funds (pursuant to the Balanced Budget and

24 Emergency Deficit Control Act, as amended) which are

25 appropriated for the current fiscal year for the Depart26 ment of Labor in this Act may be transferred between ap-
288

SJ 63 PCS

1 propriations, but no such appropriation shall be increased

2 by more than 3 percent by any such transfer: Provided,

3 That the Appropriations Committees of both Houses of

4 Congress are notified at least fifteen days in advance of

5 any transfer.

6 SEC. 103. Funds shall be available for carrying out

7 title IV–B of the Job Training Partnership Act, notwith8 standing section 427(c) of that Act, if a Job Corps center

9 fails to meet national performance standards established

10 by the Secretary.

11 SEC. 104. Effective January 1, 1997, no funds appro12 priated or otherwise made available to the Department of

13 Labor in this title shall be disbursed without the approval

14 of the Department’s Chief Financial Officer or his

15 delegatee.

16 SEC. 105. EXEMPTION OF INMATES FROM THE MINIMUM

17 WAGE AND OVERTIME REQUIREMENTS.

18 (a) IN GENERAL.—Section 13(a) of the Fair Labor

19 Standards Act of 1938 (29 U.S.C. 213(a)) is amended—

20 (1) by striking the period at the end of para21 graph (16) and inserting ‘‘; or’’; and

22 (2) by adding at the end thereof the following

23 new paragraph:

24 ‘‘(17) any individual who is an inmate of a penal

25 or other correctional institution, and who partici-
289

SJ 63 PCS

1 pates in a correctional work program that is sanc2 tioned by a Federal or State corrections agency or

3 that is administered by a nonprofit organization au4 thorized by State law to conduct a correctional work

5 program on behalf of the State, except that this

6 paragraph shall not apply to a convict or prisoner

7 who participates in a prison work pilot program pur8 suant to section 1761(c) of title 18, United States

9 Code.’’.

10 (b) APPLICATION.—The amendment made by sub11 section (a)(2) shall take effect as if enacted on the date

12 of enactment of the Fair Labor Standards Act of 1938

13 (29 U.S.C. 201 et seq.).

14 This title may be cited as the ‘‘Department of Labor

15 Appropriations Act, 1997’’.

16 TITLE II—DEPARTMENT OF HEALTH AND

17 HUMAN SERVICES

18 HEALTH RESOURCES AND SERVICES ADMINISTRATION

19 HEALTH RESOURCES AND SERVICES

20 For carrying out titles II, III, VII, VIII, X, XII, XVI,

21 XIX, and XXVI of the Public Health Service Act, section

22 427(a) of the Federal Coal Mine Health and Safety Act,

23 title V of the Social Security Act, and the Health Care

24 Quality Improvement Act of 1986, as amended, and the

25 Native Hawaiian Health Care Act of 1988, as amended,
290

SJ 63 PCS

1 $3,307,019,000, of which $297,000 shall remain available

2 until expended for interest subsidies on loan guarantees

3 made prior to fiscal year 1981 under part B of title VII

4 of the Public Health Service Act: Provided, That the Divi5 sion of Federal Occupational Health may utilize personal

6 services contracting to employ professional management/

7 administrative and occupational health professionals: Pro8 vided further, That of the funds made available under this

9 heading, $2,828,000 shall be available until expended for

10 facilities renovations at the Gillis W. Long Hansen’s Dis11 ease Center: Provided further, That in addition to fees au12 thorized by section 427(b) of the Health Care Quality Im13 provement Act of 1986, fees shall be collected for the full

14 disclosure of information under the Act sufficient to re15 cover the full costs of operating the National Practitioner

16 Data Bank, and shall remain available until expended to

17 carry out that Act: Provided further, That no more than

18 $5,000,000 is available for carrying out the provisions of

19 Public Law 104–73: Provided further, That of the funds

20 made available under this heading, $198,452,000 shall be

21 for the program under title X of the Public Health Service

22 Act to provide for voluntary family planning projects: Pro23 vided further, That amounts provided to said projects

24 under such title shall not be expended for abortions, that

25 all pregnancy counseling shall be nondirective, and that
291

SJ 63 PCS

1 such amounts shall not be expended for any activity (in2 cluding the publication or distribution of literature) that

3 in any way tends to promote public support or opposition

4 to any legislative proposal or candidate for public office:

5 Provided further, That $117,000,000 shall be for State

6 AIDS Drug Assistance Programs authorized by section

7 2616 of the Public Health Service Act and shall be distrib8 uted to States as authorized by section 2618(b)(2) of such

9 Act: Provided further, That notwithstanding any other

10 provision of law, funds made available under this heading

11 may be used to continue operating the Council on Grad12 uate Medical Education established by section 301 of Pub13 lic Law 102–408: Provided further, That, of the funds

14 made available under this heading, not more than

15 $8,000,000 shall be made available and shall remain avail16 able until expended for loan guarantees for loans made

17 by non-Federal lenders for the construction, renovation,

18 and modernization of medical facilities that are owned and

19 operated by health centers funded under part A of title

20 XVI of the Public Health Service Act as amended, and,

21 subject to authorization, for loans made to health centers

22 for the costs of developing and operating managed care

23 networks or plans, and that such funds be available to sub24 sidize guarantees of total loan principal in an amount not

25 to exceed $80,000,000: Provided further, That notwith-
292

SJ 63 PCS

1 standing section 502(a)(1) of the Social Security Act, not

2 to exceed $103,609,000 is available for carrying out spe3 cial projects of regional and national significance pursuant

4 to section 501(a)(2) of such Act.

5 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

6 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

7 For carrying out subsections (d) and (e) of section

8 1602 of the Public Health Service Act, $7,000,000, to9 gether with any amounts received by the Secretary in con10 nection with loans and loan guarantees under title VI of

11 the Public Health Service Act, to be available without fis12 cal year limitation for the payment of interest subsidies.

13 During the fiscal year, no commitments for direct loans

14 or loan guarantees shall be made.

15 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

16 For the cost of guaranteed loans, such sums as may

17 be necessary to carry out the purpose of the program, as

18 authorized by title VII of the Public Health Service Act,

19 as amended: Provided, That such costs, including the cost

20 of modifying such loans, shall be as defined in section 502

21 of the Congressional Budget Act of 1974: Provided fur22 ther, That these funds are available to subsidize gross obli23 gations for the total loan principal any part of which is

24 to be guaranteed at not to exceed $140,000,000. In addi25 tion, for administrative expenses to carry out the guaran26 teed loan program, $2,688,000.
293

SJ 63 PCS

1 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

2 For payments from the Vaccine Injury Compensation

3 Program Trust Fund, such sums as may be necessary for

4 claims associated with vaccine-related injury or death with

5 respect to vaccines administered after September 30,

6 1988, pursuant to subtitle 2 of title XXI of the Public

7 Health Service Act, to remain available until expended:

8 Provided, That for necessary administrative expenses, not

9 to exceed $3,000,000 shall be available from the Trust

10 Fund to the Secretary of Health and Human Services.

11 VACCINE INJURY COMPENSATION

12 For payment of claims resolved by the United States

13 Court of Federal Claims related to the administration of

14 vaccines before October 1, 1988, $110,000,000, to remain

15 available until expended.

16 CENTERS FOR DISEASE CONTROL AND PREVENTION

17 DISEASE CONTROL, RESEARCH, AND TRAINING

18 To carry out titles II, III, VII, XI, XV, XVII, and

19 XIX of the Public Health Service Act, sections 101, 102,

20 103, 201, 202, 203, 301, and 501 of the Federal Mine

21 Safety and Health Act of 1977, and sections 20, 21 and

22 22 of the Occupational Safety and Health Act of 1970,

23 title IV of the Immigration and Nationality Act and sec24 tion 501 of the Refugee Education Assistance Act of 1980;

25 including insurance of official motor vehicles in foreign

26 countries; and hire, maintenance, and operation of air-
294

SJ 63 PCS

1 craft, $2,257,698,000, of which $30,553,000 shall remain

2 available until expended for equipment and construction

3 and renovation of facilities, and of which $32,000,000

4 shall remain available until September 30, 1998 for mine

5 safety and health activities, and in addition, such sums

6 as may be derived from authorized user fees, which shall

7 be credited to this account: Provided, That in addition to

8 amounts provided herein, up to $48,400,000 shall be

9 available from amounts available under section 241 of the

10 Public Health Service Act, to carry out the National Cen11 ter for Health Statistics surveys: Provided further, That

12 none of the funds made available for injury prevention and

13 control at the Centers for Disease Control and Prevention

14 may be used to advocate or promote gun control: Provided

15 further, That the Director may redirect the total amount

16 made available under authority of Public Law 101–502,

17 section 3, dated November 3, 1990, to activities the Direc18 tor may so designate: Provided further, That the Congress

19 is to be notified promptly of any such transfer: Provided

20 further, That the functions described in clause (1) of the

21 first proviso under the subheading ‘‘MINES AND MIN22 ERALS’’ under the heading ‘‘BUREAU OF MINES’’ in the

23 text of title I of the Department of the Interior and Relat24 ed Agencies Appropriations Act, 1996, as enacted by sec25 tion 101(c) of the Omnibus Consolidated Rescissions and
295

SJ 63 PCS

1 Appropriations Act of 1996 (Public Law 104–134), are

2 hereby transferred to, and vested in, the Secretary of

3 Health and Human Services, subject to section 1531 of

4 title 31, United States Code: Provided further, That of the

5 amount provided, $23,000,000 is designated by Congress

6 as an emergency requirement pursuant to section

7 251(b)(2)(D)(i) of the Balanced Budget and Emergency

8 Deficit Control Act of 1985, as amended.

9 In addition, $41,000,000, to be derived from the Vio10 lent Crime Reduction Trust Fund, for carrying out sec11 tions 40151 and 40261 of Public Law 103–322.

12 NATIONAL INSTITUTES OF HEALTH

13 NATIONAL CANCER INSTITUTE

14 For carrying out section 301 and title IV of the Pub15 lic Health Service Act with respect to cancer,

16 $2,157,549,000.

17 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

18 For carrying out section 301 and title IV of the Pub19 lic Health Service Act with respect to cardiovascular, lung,

20 and blood diseases, and blood and blood products,

21 $1,371,415,000.

22 NATIONAL INSTITUTE OF DENTAL RESEARCH

23 For carrying out section 301 and title IV of the Pub24 lic Health Service Act with respect to dental disease,

25 $183,065,000.
296

SJ 63 PCS

1 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

2 KIDNEY DISEASES

3 For carrying out section 301 and title IV of the Pub4 lic Health Service Act with respect to diabetes and diges5 tive and kidney diseases, $803,264,000.

6 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

7 AND STROKE

8 For carrying out section 301 and title IV of the Pub9 lic Health Service Act with respect to neurological dis10 orders and stroke, $701,901,000.

11 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

12 DISEASES

13 For carrying out section 301 and title IV of the Pub14 lic Health Service Act with respect to allergy and infec15 tious diseases, $609,277,000.

16 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

17 For carrying out section 301 and title IV of the Pub18 lic Health Service Act with respect to general medical

19 sciences, $970,775,000.

20 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

21 DEVELOPMENT

22 For carrying out section 301 and title IV of the Pub23 lic Health Service Act with respect to child health and

24 human development, $567,334,000.
297

SJ 63 PCS

1 NATIONAL EYE INSTITUTE

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to eye diseases and

4 visual disorders, $323,279,000.

5 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

6 SCIENCES

7 For carrying out sections 301 and 311 and title IV

8 of the Public Health Service Act with respect to environ9 mental health sciences, $302,330,000.

10 NATIONAL INSTITUTE ON AGING

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to aging,

13 $484,193,000.

14 NATIONAL INSTITUTE OF ARTHRITIS AND

15 MUSCULOSKELETAL AND SKIN DISEASES

16 For carrying out section 301 and title IV of the Pub17 lic Health Service Act with respect to arthritis and mus18 culoskeletal and skin diseases, $252,838,000.

19 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

20 COMMUNICATION DISORDERS

21 For carrying out section 301 and title IV of the Pub22 lic Health Service Act with respect to deafness and other

23 communication disorders, $186,602,000.
298

SJ 63 PCS

1 NATIONAL INSTITUTE OF NURSING RESEARCH

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to nursing research,

4 $54,243,000.

5 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

6 ALCOHOLISM

7 For carrying out section 301 and title IV of the Pub8 lic Health Service Act with respect to alcohol abuse and

9 alcoholism, $200,948,000.

10 NATIONAL INSTITUTE ON DRUG ABUSE

11 For carrying out section 301 and title IV of the Pub12 lic Health Service Act with respect to drug abuse,

13 $328,517,000.

14 NATIONAL INSTITUTE OF MENTAL HEALTH

15 For carrying out section 301 and title IV of the Pub16 lic Health Service Act with respect to mental health,

17 $604,633,000.

18 NATIONAL CENTER FOR RESEARCH RESOURCES

19 For carrying out section 301 and title IV of the Pub20 lic Health Service Act with respect to research resources

21 and general research support grants, $341,044,000: Pro22 vided, That none of these funds shall be used to pay recipi23 ents of the general research support grants program any

24 amount for indirect expenses in connection with such

25 grants: Provided further, That $25,000,000 shall be for

26 extramural facilities construction grants.
299

SJ 63 PCS

1 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

2 For carrying out section 301 and title IV of the Pub3 lic Health Service Act with respect to human genome re4 search, $186,651,000.

5 JOHN E. FOGARTY INTERNATIONAL CENTER

6 For carrying out the activities at the John E.

7 Fogarty International Center, $16,270,000.

8 NATIONAL LIBRARY OF MEDICINE

9 For carrying out section 301 and title IV of the Pub10 lic Health Service Act with respect to health information

11 communications, $147,738,000, of which $4,000,000 shall

12 be available until expended for improvement of informa13 tion systems: Provided, That in fiscal year 1997, the Li14 brary may enter into personal services contracts for the

15 provision of services in facilities owned, operated, or con16 structed under the jurisdiction of the National Institutes

17 of Health.

18 OFFICE OF THE DIRECTOR

19 (INCLUDING TRANSFER OF FUNDS)

20 For carrying out the responsibilities of the Office of

21 the Director, National Institutes of Health, $251,617,000:

22 Provided, That funding shall be available for the purchase

23 of not to exceed five passenger motor vehicles for replace24 ment only: Provided further, That the Director may direct

25 up to 1 percent of the total amount made available in this

26 Act to all National Institutes of Health appropriations to
300

SJ 63 PCS

1 activities the Director may so designate: Provided further,

2 That no such appropriation shall be increased or de3 creased by more than 1 percent by any such transfers and

4 that the Congress is promptly notified of the transfer: Pro5 vided further, That NIH is authorized to collect third

6 party payments for the cost of clinical services that are

7 incurred in National Institutes of Health research facili8 ties and that such payments shall be credited to the Na9 tional Institutes of Health Management Fund: Provided

10 further, That all funds credited to the NIH Management

11 Fund shall remain available for one fiscal year after the

12 fiscal year in which they are deposited: Provided further,

13 That up to $200,000 shall be available to carry out section

14 499 of the Public Health Service Act.

15 BUILDINGS AND FACILITIES

16 For the study of, construction of, and acquisition of

17 equipment for, facilities of or used by the National Insti18 tutes of Health, including the acquisition of real property,

19 $200,000,000, to remain available until expended, of

20 which $90,000,000 shall be for the clinical research cen21 ter: Provided, That, notwithstanding any other provision

22 of law, a single contract or related contracts for the devel23 opment and construction of the clinical research center

24 may be employed which collectively include the full scope

25 of the project: Provided further, That the solicitation and
301

SJ 63 PCS

1 contract shall contain the clause ‘‘availability of funds’’

2 found at 48 CFR 52.232–18.

3 OFFICE OF AIDS RESEARCH

4 (INCLUDING TRANSFER OF FUNDS)

5 For carrying out part D of title XXIII of the Public

6 Health Service Act, $1,501,720,000: Provided, That the

7 Director of the Office of AIDS Research shall transfer

8 from this appropriation the amounts necessary to carry

9 out section 2353(d) of the Act.

10 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

11 ADMINISTRATION

12 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

13 For carrying out titles V and XIX of the Public

14 Health Service Act with respect to substance abuse and

15 mental health services, the Protection and Advocacy for

16 Mentally Ill Individuals Act of 1986, and section 301 of

17 the Public Health Service Act with respect to program

18 management, $2,099,934,000, of which $5,000,000 shall

19 be for grants to rural and Native American projects.

20 RETIREMENT PAY AND MEDICAL BENEFITS FOR

21 COMMISSIONED OFFICERS

22 For retirement pay and medical benefits of Public

23 Health Service Commissioned Officers as authorized by

24 law, and for payments under the Retired Serviceman’s

25 Family Protection Plan and Survivor Benefit Plan and for

26 medical care of dependents and retired personnel under
302

SJ 63 PCS

1 the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and

2 for payments pursuant to section 229(b) of the Social Se3 curity Act (42 U.S.C. 429(b)), such amounts as may be

4 required during the current fiscal year.

5 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

6 HEALTH CARE POLICY AND RESEARCH

7 For carrying out titles III and IX of the Public

8 Health Service Act, and part A of title XI of the Social

9 Security Act, $96,175,000; in addition, amounts received

10 from Freedom of Information Act fees, reimbursable and

11 interagency agreements, and the sale of data tapes shall

12 be credited to this appropriation and shall remain avail13 able until expended: Provided, That the amount made

14 available pursuant to section 926(b) of the Public Health

15 Service Act shall not exceed $47,412,000.

16 HEALTH CARE FINANCING ADMINISTRATION

17 GRANTS TO STATES FOR MEDICAID

18 For carrying out, except as otherwise provided, titles

19 XI and XIX of the Social Security Act, $75,056,618,000,

20 to remain available until expended.

21 For making, after May 31, 1997, payments to States

22 under title XIX of the Social Security Act for the last

23 quarter of fiscal year 1997 for unanticipated costs, in24 curred for the current fiscal year, such sums as may be

25 necessary.
303

SJ 63 PCS

1 For making payments to States under title XIX of

2 the Social Security Act for the first quarter of fiscal year

3 1998, $27,988,993,000, to remain available until ex4 pended.

5 Payment under title XIX may be made for any quar6 ter with respect to a State plan or plan amendment in

7 effect during such quarter, if submitted in or prior to such

8 quarter and approved in that or any subsequent quarter.

9 PAYMENTS TO HEALTH CARE TRUST FUNDS

10 For payment to the Federal Hospital Insurance and

11 the Federal Supplementary Medical Insurance Trust

12 Funds, as provided under sections 217(g) and 1844 of the

13 Social Security Act, sections 103(c) and 111(d) of the So14 cial Security Amendments of 1965, section 278(d) of Pub15 lic Law 97–248, and for administrative expenses incurred

16 pursuant to section 201(g) of the Social Security Act,

17 $60,079,000,000.

18 PROGRAM MANAGEMENT

19 For carrying out, except as otherwise provided, titles

20 XI, XVIII, and XIX of the Social Security Act, title XIII

21 of the Public Health Service Act, and the Clinical Labora22 tory Improvement Amendments of 1988, not to exceed

23 $1,735,125,000, to be transferred from the Federal Hos24 pital Insurance and the Federal Supplementary Medical

25 Insurance Trust Funds, as authorized by section 201(g)

26 of the Social Security Act; together with all funds collected
304

SJ 63 PCS

1 in accordance with section 353 of the Public Health Serv2 ice Act, the latter funds to remain available until ex3 pended, together with such sums as may be collected from

4 authorized user fees and the sale of data, which shall re5 main available until expended: Provided, That all funds

6 derived in accordance with 31 U.S.C. 9701 from organiza7 tions established under title XIII of the Public Health

8 Service Act are to be credited to and available for carrying

9 out the purposes of this appropriation.

10 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

11 GUARANTEE FUND

12 For carrying out subsections (d) and (e) of section

13 1308 of the Public Health Service Act, any amounts re14 ceived by the Secretary in connection with loans and loan

15 guarantees under title XIII of the Public Health Service

16 Act, to be available without fiscal year limitation for the

17 payment of outstanding obligations. During fiscal year

18 1997, no commitments for direct loans or loan guarantees

19 shall be made.

20 ADMINISTRATION FOR CHILDREN AND FAMILIES

21 FAMILY SUPPORT PAYMENTS TO STATES

22 For making payments to States or other non-Federal

23 entities, except as otherwise provided, under titles I, IV–

24 A (other than section 402(g)(6)) and D, X, XI, XIV, and

25 XVI of the Social Security Act, and the Act of July 5,

26 1960 (24 U.S.C. ch. 9), $13,301,000,000.
305

SJ 63 PCS

1 For making, after May 31 of the current fiscal year,

2 payments to States or other non-Federal entities under

3 titles I, IV–A and D, X, XI, XIV, and XVI of the Social

4 Security Act, for the last three months of the current year

5 for unanticipated costs, incurred for the current fiscal

6 year, such sums as may be necessary.

7 JOB OPPORTUNITIES AND BASIC SKILLS

8 For carrying out aid to families with dependent chil9 dren work programs, as authorized by part F of title IV

10 of the Social Security Act, $1,000,000,000.

11 LOW INCOME HOME ENERGY ASSISTANCE

12 For making payments under title XXVI of the Omni13 bus Budget Reconciliation Act of 1981, $700,000,000, to14 gether with $300,000,000 appropriated under this head15 ing in Public Law 104–134: Provided, That the provisions

16 under this heading in Public Law 104–134 designating

17 the $300,000,000 by Congress to be emergency require18 ments pursuant to section 251(b)(2)(D) of the Balanced

19 Budget and Emergency Deficit Control Act of 1985 and

20 providing that these funds shall be made available only

21 after submission to Congress of a formal budget request

22 by the President that includes designation of the entire

23 amount of the request as an emergency requirement as

24 defined in the Balanced Budget and Emergency Deficit

25 Control Act of 1985, are hereby repealed.
306

SJ 63 PCS

1 For making payments under title XXVI of the Omni2 bus Budget Reconciliation Act of 1981, $300,000,000 to

3 be available for obligation in the period of October 1, 1996

4 through September 30, 1997: Provided, That all of the

5 funds available under this paragraph are hereby des6 ignated by Congress to be emergency requirements pursu7 ant to section 251(b)(2)(D) of the Balanced Budget and

8 Emergency Deficit Control Act of 1985: Provided further,

9 That these funds shall be made available only after sub10 mission to Congress of a formal budget request by the

11 President that includes designation of the entire amount

12 of the request as an emergency requirement as defined in

13 the Balanced Budget and Emergency Deficit Control Act

14 of 1985.

15 For making payments under title XXVI of the Omni16 bus Budget Reconciliation Act of 1981, $1,000,000,000,

17 to be available for obligation in the period October 1, 1997

18 through September 30, 1998.

19 REFUGEE AND ENTRANT ASSISTANCE

20 For making payments for refugee and entrant assist21 ance activities authorized by title IV of the Immigration

22 and Nationality Act and section 501 of the Refugee Edu23 cation Assistance Act of 1980 (Public Law 96–422),

24 $412,076,000: Provided, That funds appropriated pursu25 ant to section 414(a) of the Immigration and Nationality

26 Act under Public Law 103–333 for fiscal year 1995 shall
307

SJ 63 PCS

1 be available for the costs of assistance provided and other

2 activities conducted in such year and in fiscal years 1996

3 and 1997.

4 CHILD CARE AND DEVELOPMENT BLOCK GRANT

5 For carrying out sections 658A through 658R of the

6 Omnibus Budget Reconciliation Act of 1981 (The Child

7 Care and Development Block Grant Act of 1990),

8 $956,120,000, of which $937,000,000 shall become avail9 able on October 1, 1997, and shall remain available

10 through September 30, 1998: Provided, That $19,120,000

11 shall become available for obligation on October 1, 1996

12 for child care resource and referral and school-age child

13 care activities, of which, $6,120,000 shall be derived from

14 an amount that shall be transferred from the amount ap15 propriated under section 452(j) of the Social Security Act

16 (42 U.S.C. 652(j)) for fiscal year 1996 and remaining

17 available for expenditure.

18 SOCIAL SERVICES BLOCK GRANT

19 For making grants to States pursuant to section

20 2002 of the Social Security Act, $2,380,000,000: Pro21 vided, That notwithstanding section 2003(c) of such Act,

22 as amended, the amount specified for allocation under

23 such section for fiscal year 1997 shall be $2,380,000,000.
308

SJ 63 PCS

1 CHILDREN AND FAMILIES SERVICES PROGRAMS

2 (INCLUDING RESCISSION)

3 For carrying out, except as otherwise provided, the

4 Runaway and Homeless Youth Act, the Developmental

5 Disabilities Assistance and Bill of Rights Act, the Head

6 Start Act, the Child Abuse Prevention and Treatment Act,

7 the Temporary Child Care for Children with Disabilities

8 and Crisis Nurseries Act of 1986, section 429A, part B

9 of title IV of the Social Security Act, section 413 of the

10 Social Security Act, the Family Violence Prevention and

11 Services Act, the Native American Programs Act of 1974,

12 title II of Public Law 95–266 (adoption opportunities),

13 the Abandoned Infants Assistance Act of 1988, and part

14 B(1) of title IV of the Social Security Act; for making

15 payments under the Community Services Block Grant Act;

16 and for necessary administrative expenses to carry out

17 said Acts and titles I, IV, X, XI, XIV, XVI, and XX of

18 the Social Security Act, the Act of July 5, 1960 (24

19 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of

20 1981, title IV of the Immigration and Nationality Act, sec21 tion 501 of the Refugee Education Assistance Act of 1980,

22 and section 126 and titles IV and V of Public Law 100–

23 485, $5,328,569,000, of which $536,432,000 shall be for

24 making payments under the Community Services Block

25 Grant Act: Provided, That to the extent Community Serv26 ices Block Grant funds are distributed as grant funds by
309

SJ 63 PCS

1 a State to an eligible entity as provided under the Act,

2 and have not been expended by such entity, they shall re3 main with such entity for carryover into the next fiscal

4 year for expenditure by such entity consistent with pro5 gram purposes: Provided further, That of the amount ap6 propriated for fiscal year 1997 under section 672(a) of

7 the Community Services Block Grant Act, the Secretary

8 shall use up to one percent of the funds available to cor9 rect allocation errors that occurred in fiscal year 1995 and

10 fiscal year 1996 to ensure that the minimum allotment

11 to each State for each of fiscal years 1995 and 1996 would

12 be $2,222,460: Provided further, That no more than one13 half of one percent of the funds available under section

14 672(a) shall be used for the purposes of section 674(a)

15 of the Community Services Block Grant Act.

16 In addition, $20,000,000, to be derived from the Vio17 lent Crime Reduction Trust Fund, for carrying out sec18 tions 40155, 40211 and 40241 of Public Law 103–322.

19 Funds appropriated for fiscal year 1996 and fiscal

20 year 1997 under section 429A(e), part B of title IV of

21 the Social Security Act shall be reduced by $6,000,000

22 in each such year.

23 Funds appropriated for fiscal year 1997 under sec24 tion 413(h)(1) of the Social Security Act shall be reduced

25 by $15,000,000.
310

SJ 63 PCS

1 FAMILY PRESERVATION AND SUPPORT

2 For carrying out section 430 of the Social Security

3 Act, $240,000,000.

4 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

5 ASSISTANCE

6 For making payments to States or other non-Federal

7 entities, under title IV–E of the Social Security Act,

8 $4,445,031,000.

9 For making payments to States or other non-Federal

10 entities, under title IV–E of the Social Security Act, for

11 the first quarter of fiscal year 1998, $1,111,000,000.

12 ADMINISTRATION ON AGING

13 AGING SERVICES PROGRAMS

14 For carrying out, to the extent not otherwise pro15 vided, the Older Americans Act of 1965, as amended,

16 $830,168,000: Provided, That notwithstanding section

17 308(b)(1) of such Act, the amounts available to each State

18 for administration of the State plan under title III of such

19 Act shall be reduced not more than 5 percent below the

20 amount that was available to such State for such purpose

21 for fiscal year 1995: Provided further, That in considering

22 grant applications for nutrition services for elder Indian

23 recipients, the Assistant Secretary shall provide maximum

24 flexibility to applicants who seek to take into account sub25 sistence, local customs and other characteristics that are

26 appropriate to the unique cultural, regional and geo-
311

SJ 63 PCS

1 graphic needs of the American Indian, Alaskan and Ha2 waiian native communities to be served.

3 OFFICE OF THE SECRETARY

4 GENERAL DEPARTMENTAL MANAGEMENT

5 For necessary expenses, not otherwise provided, for

6 general departmental management, including hire of six

7 sedans, and for carrying out titles III, XVII, and XX of

8 the Public Health Service Act, $173,423,000, together

9 with $5,851,000, to be transferred and expended as au10 thorized by section 201(g)(1) of the Social Security Act

11 from the Hospital Insurance Trust Fund and the Supple12 mental Medical Insurance Trust Fund: Provided, That of

13 the funds made available under this heading for carrying

14 out title XVII of the Public Health Service Act,

15 $11,500,000 shall be available until expended for extra16 mural construction: Provided further, That notwithstand17 ing section 2010(b) and (c) under title XX of the Public

18 Health Service Act, as amended, of the funds made avail19 able under this heading, $10,879,000 shall be for activities

20 specified under section 2003(b)(2) of title XX of the Pub21 lic Health Service Act, as amended, and of which

22 $9,011,000 shall be for prevention grants under section

23 510(b)(2) of title V of the Social Security Act, as amend24 ed: Provided further, That of the amount provided,

25 $5,775,000 is designated by Congress as an emergency re-
312

SJ 63 PCS

1 quirement pursuant to section 251(b)(2)(I)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985,

3 as amended.

4 OFFICE OF INSPECTOR GENERAL

5 For expenses necessary for the Office of Inspector

6 General in carrying out the provisions of the Inspector

7 General Act of 1978, as amended, $29,399,000, together

8 with any funds, to remain available until expended, that

9 represent the equitable share from the forfeiture of prop10 erty in investigations in which the Office of Inspector Gen11 eral participated, and which are transferred to the Office

12 of the Inspector General by the Department of Justice,

13 the Department of the Treasury, or the United States

14 Postal Service.

15 OFFICE FOR CIVIL RIGHTS

16 For expenses necessary for the Office for Civil

17 Rights, $16,216,000, together with not to exceed

18 $3,314,000, to be transferred and expended as authorized

19 by section 201(g)(1) of the Social Security Act from the

20 Hospital Insurance Trust Fund and the Supplemental

21 Medical Insurance Trust Fund.

22 POLICY RESEARCH

23 For carrying out, to the extent not otherwise pro24 vided, research studies under section 1110 of the Social

25 Security Act, $9,000,000.
313

SJ 63 PCS

1 GENERAL PROVISIONS

2 SEC. 201. Funds appropriated in this title shall be

3 available for not to exceed $37,000 for official reception

4 and representation expenses when specifically approved by

5 the Secretary.

6 SEC. 202. The Secretary shall make available through

7 assignment not more than 60 employees of the Public

8 Health Service to assist in child survival activities and to

9 work in AIDS programs through and with funds provided

10 by the Agency for International Development, the United

11 Nations International Children’s Emergency Fund or the

12 World Health Organization.

13 SEC. 203. None of the funds appropriated under this

14 Act may be used to implement section 399L(b) of the Pub15 lic Health Service Act or section 1503 of the National In16 stitutes of Health Revitalization Act of 1993, Public Law

17 103–43.

18 SEC. 204. None of the funds made available by this

19 Act may be used to withhold payment to any State under

20 the Child Abuse Prevention and Treatment Act by reason

21 of a determination that the State is not in compliance with

22 section 1340.2(d)(2)(ii) of title 45 of the Code of Federal

23 Regulations. This provision expires upon the date of enact24 ment of the reauthorization of the Child Abuse Prevention

25 and Treatment Act.
314

SJ 63 PCS

1 SEC. 205. None of the funds appropriated in this Act

2 for the National Institutes of Health and the Substance

3 Abuse and Mental Health Services Administration shall

4 be used to pay the salary of an individual, through a grant

5 or other extramural mechanism, at a rate in excess of

6 $125,000 per year.

7 SEC. 206. None of the funds appropriated in this Act

8 may be expended pursuant to section 241 of the Public

9 Health Service Act, except for funds specifically provided

10 for in this Act, or for other taps and assessments made

11 by any office located in the Department of Health and

12 Human Services, prior to the Secretary’s preparation and

13 submission of a report to the Committee on Appropria14 tions of the Senate and of the House detailing the planned

15 uses of such funds.

16 (TRANSFER OF FUNDS)

17 SEC. 207. Of the funds appropriated or otherwise

18 made available for the Department of Health and Human

19 Services, General Departmental Management, for fiscal

20 year 1997, the Secretary of Health and Human Services

21 shall transfer to the Office of the Inspector General such

22 sums as may be necessary for any expenses with respect

23 to the provision of security protection for the Secretary

24 of Health and Human Services.

25 SEC. 208. None of the funds appropriated in this Act

26 may be obligated or expended for the Federal Council on
315

SJ 63 PCS

1 Aging under the Older Americans Act or the Advisory

2 Board on Child Abuse and Neglect under the Child Abuse

3 Prevention and Treatment Act.

4 (TRANSFER OF FUNDS)

5 SEC. 209. Not to exceed 1 percent of any discre6 tionary funds (pursuant to the Balanced Budget and

7 Emergency Deficit Control Act, as amended) which are

8 appropriated for the current fiscal year for the Depart9 ment of Health and Human Services in this Act may be

10 transferred between appropriations, but no such appro11 priation shall be increased by more than 3 percent by any

12 such transfer: Provided, That the Appropriations Commit13 tees of both Houses of Congress are notified at least fif14 teen days in advance of any transfer.

15 (TRANSFER OF FUNDS)

16 SEC. 210. The Director of the National Institutes of

17 Health, jointly with the Director of the Office of AIDS

18 Research, may transfer up to 3 percent among institutes,

19 centers, and divisions from the total amounts identified

20 by these two Directors as funding for research pertaining

21 to the human immunodeficiency virus: Provided, That the

22 Congress is promptly notified of the transfer.

23 SEC. 213. (a) The Secretary of Health and Human

24 Services may in accordance with this section provide for

25 the relocation of the Federal facility known as the Gillis

26 W. Long Hansen’s Disease Center (located in the vicinity
316

SJ 63 PCS

1 of Carville, in the State of Louisiana), including the relo2 cation of the patients of the Center.

3 (b)(1) Subject to entering into a contract in accord4 ance with subsection (c), in relocating the Center the Sec5 retary may on behalf of the United States transfer to the

6 State of Louisiana, without charge, title to the real prop7 erty and improvements that (as of the date of the enact8 ment of this Act) constitute the Center. Such real property

9 is a parcel consisting of approximately 330 acres. The

10 exact acreage and legal description used for purposes of

11 the transfer shall be in accordance with a survey satisfac12 tory to the Secretary.

13 (2) Any conveyance under paragraph (1) is not effec14 tive unless the conveyance specifies that, if the State of

15 Louisiana engages in a material breach of the contract

16 under subsection (c), title to the real property and im17 provements involved reverts to the United States at the

18 election of the Secretary.

19 (c) The transfer described in subsection (b) may be

20 made only if, before the transfer is made, the Secretary

21 and the State enter into a contract whose provisions are

22 in accordance with the following:

23 (1) During the 30-year period beginning on the

24 date on which the transfer is made, the real property

25 and improvements referred to in subsection (b) (re-
317

SJ 63 PCS

1 ferred to in this subsection as the ‘‘transferred prop2 erty’’) will be used exclusively for purposes that pro3 mote the health or education of the public, with such

4 incidental exceptions as the Secretary may approve,

5 and consistent with the memorandum of understand6 ing signed June 11, 1996 by the Chancellors of Lou7 isiana State University and Southern University.

8 (2) For purposes of monitoring the extent to

9 which the transferred property is being used in ac10 cordance with paragraph (1), the Secretary will have

11 access to such documents as the Secretary deter12 mines to be necessary, and the Secretary may re13 quire the advance approval of the Secretary for such

14 contracts, conveyances of real or personal property,

15 or other transactions as the Secretary determines to

16 be necessary.

17 (3) The relocation of patients from the trans18 ferred property will be completed not later than 3

19 years after the date on which the transfer is made,

20 except to the extent the Secretary determines that

21 relocating particular patients is not feasible. During

22 the period of relocation, the Secretary will have un23 restricted access to the transferred property, and

24 after such period will have such access as may be
318

SJ 63 PCS

1 necessary with respect to the patients who pursuant

2 to the preceding sentence are not relocated.

3 (4) The Secretary will provide for the continu4 ation at the transferred property of the projects (un5 derway as of the date of the enactment of this Act)

6 to make repairs and to make energy-related improve7 ments, subject to the availability of appropriations to

8 carry out the projects.

9 (5) The contract disposes of issues regarding

10 access to the cemetery located on the transferred

11 property, and the establishment of a museum re12 garding memorabilia relating to the use of the prop13 erty to care for patients with Hansen’s disease.

14 (6) In the case of each individual who as of the

15 date of the enactment of this Act is a Federal em16 ployee at the transferred property with management,

17 engineering, or dietary duties:

18 (A) The State will provide the individual

19 with the right of first refusal to an employment

20 position with the State with substantially the

21 same type of duties as the individual performed

22 in his or her most recent position at the trans23 ferred property.

24 (B) If the individual becomes an employee

25 of the State pursuant to subparagraph (A), the
319

SJ 63 PCS

1 State will make payments in accordance with

2 subsection (d)(3)(B) (relating to disability), as

3 applicable with respect to the individual.

4 (7) The contract contains such additional provi5 sions as the Secretary determines to be necessary to

6 protect the interests of the United States, and the

7 Secretary shall have final approval over the terms

8 of the contract.

9 (d)(1) This subsection applies if the transfer under

10 subsection (b) is made.

11 (2) In the case of each individual who as of the date

12 of the enactment of this Act is a Federal employee with

13 a position at the Center and is, for duty at the Center,

14 receiving the pay differential under section 5545(d) of title

15 5, United States Code:

16 (A) If as of the date of the transfer under sub17 section (b) the individual is eligible for an annuity

18 under section 8336 or 8412 of title 5, United States

19 Code, then once the individual separates from the

20 service and thereby becomes entitled to receive the

21 annuity, the pay differential shall be excluded from

22 the computation of the annuity unless the individual

23 separated from the service not later than 30 days

24 after the date on which the transfer was made.
320

SJ 63 PCS

1 (B) If the individual is not eligible for such an

2 annuity as of the date of the transfer under sub3 section (b) but subsequently does become eligible,

4 then once the individual separates from the service

5 and thereby becomes entitled to receive the annuity,

6 the pay differential shall be excluded from the com7 putation of the annuity unless the individual sepa8 rated from the service not later than 30 days after

9 the date on which the individual first became eligible

10 for the annuity.

11 (C) For purposes of this paragraph, the individ12 ual is eligible for the annuity if the individual meets

13 all conditions under such section 8336 or 8412 to be

14 entitled to the annuity, except the condition that the

15 individual be separated from the service.

16 (3) In the case of each individual who as of the date

17 of the enactment of this Act is a Federal employee at the

18 Center with management, engineering, or dietary duties,

19 and who becomes an employee of the State pursuant to

20 subsection (c)(6)(A):

21 (A) The provisions of subchapter III of chapter

22 83 of title 5, United States Code, or of chapter 84

23 of such title, whichever is applicable, that relate to

24 disability shall be considered to remain in effect with
321

SJ 63 PCS

1 respect to the individual (subject to subparagraph

2 (C)) until the earlier of—

3 (i) the expiration of the 2-year period be4 ginning on the date on which the transfer under

5 subsection (b) is made; or

6 (ii) the date on which the individual first

7 meets all conditions for coverage under a State

8 program for payments during retirement by

9 reason of disability.

10 (B) The payments to be made by a State pur11 suant to subsection (c)(6)(B) with respect to the in12 dividual are payments to the Civil Service Retire13 ment and Disability Fund, if the individual is receiv14 ing Federal disability coverage pursuant to subpara15 graph (A). Such payments are to be made in a total

16 amount equal to that portion of the normal-cost per17 centage (determined through the use of dynamic as18 sumptions) of the basic pay of the individual that is

19 allocable to such coverage and is paid for service

20 performed during the period for which such coverage

21 is in effect. Such amount is to be determined in ac22 cordance with chapter 84 of such title 5, is to be

23 paid at such time and in such manner as mutually

24 agreed by the State and the Office of Personnel
322

SJ 63 PCS

1 Management, and is in lieu of individual or agency

2 contributions otherwise required.

3 (C) In the determination pursuant to subpara4 graph (A) of whether the individual is eligible for

5 Federal disability coverage (during the applicable pe6 riod of time under such subparagraph), service as an

7 employee of the State after the date of the transfer

8 under subsection (b) shall be counted toward the

9 service requirement specified in the first sentence of

10 section 8337(a) or 8451(a)(1)(A) of such title 5

11 (whichever is applicable).

12 (e) The following provisions apply if under subsection

13 (a) the Secretary makes the decision to relocate the Cen14 ter:

15 (1) The site to which the Center is relocated

16 shall be in the vicinity of Baton Rouge, in the State

17 of Louisiana.

18 (2) The facility involved shall continue to be

19 designated as the Gillis W. Long Hansens’s Disease

20 Center.

21 (3) The Secretary shall make reasonable efforts

22 to inform the patients of the Center with respect to

23 the planning and carrying out of the relocation.

24 (4) In the case of each individual who as of Oc25 tober 1, 1996, is a patient of the Center and is re-
323

SJ 63 PCS

1 ceiving long-term care (referred to in this subsection

2 as an ‘‘eligible patient’’), the Secretary shall con3 tinue to provide for the long-term care of the eligible

4 patient, without charge, for the remainder of the life

5 of the patient. Of the amounts appropriated for a

6 fiscal year for the Public Health Service, the Sec7 retary shall make available such amounts as may be

8 necessary to carry out the preceding sentence.

9 (5) Except in the case of an eligible patient for

10 whom it is not feasible to relocate for purposes of

11 subsection (c)(3), each eligible patient may make an

12 irrevocable choice of one of the following long-term

13 care options:

14 (A) For the remainder of his or her life,

15 the patient may reside at the Center.

16 (B) For the remainder of his or her life,

17 the patient may elect to receive payments each

18 year in an annual amount of $33,000 (adjusted

19 for fiscal year 1998 and each subsequent fiscal

20 year to the extent necessary to offset inflation

21 occurring after October 1, 1996), which pay22 ments are in complete discharge of the obliga23 tion of the Federal Government under para24 graph (4). If the individual makes the election

25 under the preceding sentence, the Federal Gov-
324

SJ 63 PCS

1 ernment does not under such paragraph have

2 any responsibilities regarding the daily life of

3 the patient, other than making such payments.

4 (6) The Secretary shall provide to each eligible

5 patient such information and time as may be nec6 essary for the patient to make an informed decision

7 regarding the options under paragraph (5).

8 (f) For purposes of this section:

9 (1) The term ‘‘Center’’ means the Gillis W.

10 Long Hansen’s Disease Center.

11 (2) The term ‘‘Secretary’’ means the Secretary

12 of Health and Human Services.

13 (3) The term ‘‘State’’ means the State of Lou14 isiana.

15 (g) Section 320 of the Public Health Service Act (42

16 U.S.C. 247e) is amended by striking the section designa17 tion and all that follows and inserting the following:

18 ‘‘SEC. 320. (a)(1) At the Gillis W. Long Hansen’s

19 Disease Center (located in the State of Louisiana), the

20 Secretary shall without charge provide short-term care

21 and treatment, including outpatient care, for Hansen’s

22 disease and related complications to any person deter23 mined by the Secretary to be in need of such care and

24 treatment.
325

SJ 63 PCS

1 ‘‘(2) The Center referred to in paragraph (1) shall

2 conduct training in the diagnosis and management of

3 Hansen’s disease and conduct and promote the coordina4 tion of research, investigations, demonstrations, and stud5 ies relating to the causes, diagnosis, treatment, control,

6 and prevention of Hansen’s disease and the complications

7 of such disease.

8 ‘‘(3) Paragraph (1) is subject to section 213 of the

9 Department of Health and Human Services Appropria10 tions Act, 1997.

11 ‘‘(b) In addition to the Center referred to in sub12 section (a), the Secretary may establish sites regarding

13 persons with Hansen’s disease. Each such site shall pro14 vide for the outpatient care and treatment for Hansen’s

15 disease to any person determined by the Secretary to be

16 in need of such care and treatment.

17 ‘‘(c) The Secretary shall make payments to the Board

18 of Health of the State of Hawaii for the care and treat19 ment (including outpatient care) in its facilities of persons

20 suffering from Hansen’s disease at a rate determined by

21 the Secretary. The rate shall be approximately equal to

22 the operating cost per patient of such facilities, except that

23 the rate may not exceed the comparable costs per patient

24 with Hansen’s disease for care and treatment provided by

25 the Center referred to in subsection (a). Payments under
326

SJ 63 PCS

1 this subsection are subject to the availability of appropria2 tions for such purpose.’’.

3 SEC. 215. Amounts available in this title for congres4 sional and legislative affairs, public affairs, and intergov5 ernmental affairs activities are hereby reduced by

6 $2,000,000.

7 SEC. 216. Not later than January 1, 1997, the Ad8 ministrator of the Health Care Financing Administration,

9 with the advice and technical assistance of the Agency for

10 Health Care Policy Research, shall transmit to the appro11 priate committees of the Congress a report including—

12 (1) a review of all available studies and re13 search data on the treatment of end-stage emphy14 sema and chronic obstructive pulmonary disease by

15 both unilateral and bilateral lung volume reduction

16 surgery, involving both invasive and noninvasive sur17 gery and supplemental surgical methods, including

18 laser applications; and

19 (2) a recommendation, based on such review, as

20 to the appropriateness of Medicare coverage of such

21 procedures and the conditions, if necessary, that fa22 cilities and physicians should be required to meet, to

23 ensure the efficacy of such procedures, as more de24 tailed clinical studies are conducted.
327

SJ 63 PCS

1 SEC. 217. Section 304(a)(1) of the Family Violence

2 Prevention and Services Act (42 U.S.C. 10403(a)(1)) is

3 amended by striking ‘‘$200,000’’ and inserting

4 ‘‘$400,000’’.

5 SEC. 218. The new clinical research center at the Na6 tional Institutes of Health is hereby named the Mark O.

7 Hatfield Clinical Research Center.

8 This title may be cited as the ‘‘Department of Health

9 and Human Services Appropriations Act, 1997’’.

10 TITLE III—DEPARTMENT OF EDUCATION

11 EDUCATION REFORM

12 For carrying out activities authorized by titles III

13 and IV of the Goals 2000: Educate America Act and the

14 School-to-Work Opportunities Act, $691,000,000, of

15 which $476,000,000 for the Goals 2000: Educate America

16 Act and $200,000,000 for the School-to-Work Opportuni17 ties Act shall become available on July 1, 1997, and re18 main available through September 30, 1998.

19 EDUCATION FOR THE DISADVANTAGED

20 For carrying out title I of the Elementary and Sec21 ondary Education Act of 1965, $7,689,000,000, of which

22 $6,358,261,000 shall become available on July 1, 1997,

23 and shall remain available through September 30, 1998,

24 and of which $1,298,239,000 shall become available on

25 October 1, 1997 and shall remain available through Sep26 tember 30, 1998, for academic year 1997–1998: Provided,
328

SJ 63 PCS

1 That $6,191,350,000 shall be available for basic grants

2 under section 1124: Provided further, That up to

3 $3,500,000 of these funds shall be available to the Sec4 retary on October 1, 1996, to obtain updated local-edu5 cational-agency-level census poverty data from the Bureau

6 of the Census: Provided further, That $999,249,000 shall

7 be available for concentration grants under section

8 1124(A) and $7,000,000 shall be available for evaluations

9 under section 1501.

10 IMPACT AID

11 For carrying out programs of financial assistance to

12 federally affected schools authorized by title VIII of the

13 Elementary and Secondary Education Act of 1965,

14 $730,000,000, of which $615,500,000 shall be for basic

15 support payments under section 8003(b), $40,000,000

16 shall be for payments for children with disabilities under

17 section 8003(d), $52,000,000, to remain available until

18 expended, shall be for payments under section 8003(f),

19 $5,000,000 shall be for construction under section 8007,

20 and $17,500,000 shall be for Federal property payments

21 under section 8002.

22 SCHOOL IMPROVEMENT PROGRAMS

23 For carrying out school improvement activities au24 thorized by titles II, IV–A–1, V–A and B, VI, IX, X and

25 XIII of the Elementary and Secondary Education Act of

26 1965; the Stewart B. McKinney Homeless Assistance Act;
329

SJ 63 PCS

1 and the Civil Rights Act of 1964; $1,349,631,000 of which

2 $1,130,478,000 shall become available on July 1, 1997,

3 and remain available through September 30, 1998: Pro4 vided, That of the amount appropriated, $250,000,000

5 shall be for Eisenhower professional development State

6 grants under title II–B and $300,000,000 shall be for in7 novative education program strategies State grants under

8 title VI–A.

9 BILINGUAL AND IMMIGRANT EDUCATION

10 For carrying out, to the extent not otherwise pro11 vided, bilingual, foreign language and immigrant edu12 cation activities authorized by parts A and C and section

13 7203 of title VII of the Elementary and Secondary Edu14 cation Act, without regard to section 7103(b),

15 $261,700,000, of which $100,000,000 shall be for immi16 grant education programs authorized by part C: Provided,

17 That State educational agencies may use all, or any part

18 of, their part C allocation for competitive grants to local

19 educational agencies: Provided further, That the Depart20 ment of Education should only support instructional pro21 grams which ensure that students completely master Eng22 lish in a timely fashion (a period of three to five years)

23 while meeting rigorous achievement standards in the aca24 demic content areas.
330

SJ 63 PCS

1 SPECIAL EDUCATION

2 For carrying out parts B, C, D, E, F, G, and H and

3 section 610(j)(2)(C) of the Individuals with Disabilities

4 Education Act, $4,036,000,000, of which $3,783,685,000

5 shall become available for obligation on July 1, 1997, and

6 shall remain available through September 30, 1998: Pro7 vided, That the Republic of the Marshall Islands, the Fed8 erated States of Micronesia, and the Republic of Palau

9 shall continue to be eligible to receive funds under the In10 dividuals with Disabilities Education Act consistent with

11 the provisions of Public Law 104–134: Provided further,

12 That the entities that received competitive awards for di13 rect services to children under section 611 of the Individ14 uals with Disabilities Education Act in accordance with

15 the competition required in Public Law 104–134 shall con16 tinue to be funded, without competition, in the same

17 amounts as under Public Law 104–134.

18 REHABILITATION SERVICES AND DISABILITY RESEARCH

19 For carrying out, to the extent not otherwise pro20 vided, the Rehabilitation Act of 1973, the Technology-Re21 lated Assistance for Individuals with Disabilities Act, and

22 the Helen Keller National Center Act, as amended,

23 $2,509,447,000.
331

SJ 63 PCS

1 SPECIAL INSTITUTIONS FOR PERSONS WITH

2 DISABILITIES

3 AMERICAN PRINTING HOUSE FOR THE BLIND

4 For carrying out the Act of March 3, 1879, as

5 amended (20 U.S.C. 101 et seq.), $6,680,000.

6 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

7 For the National Technical Institute for the Deaf

8 under titles I and II of the Education of the Deaf Act

9 of 1986 (20 U.S.C. 4301 et seq.), $43,041,000: Provided,

10 That from the amount available, the Institute may at its

11 discretion use funds for the endowment program as au12 thorized under section 207.

13 GALLAUDET UNIVERSITY

14 For the Kendall Demonstration Elementary School,

15 the Model Secondary School for the Deaf, and the partial

16 support of Gallaudet University under titles I and II of

17 the Education of the Deaf Act of 1986 (20 U.S.C. 4301

18 et seq.), $79,182,000: Provided, That from the amount

19 available, the University may at its discretion use funds

20 for the endowment program as authorized under section

21 207.

22 VOCATIONAL AND ADULT EDUCATION

23 For carrying out, to the extent not otherwise pro24 vided, the Carl D. Perkins Vocational and Applied Tech25 nology Education Act, the Adult Education Act, and the

26 National Literacy Act of 1991, $1,492,000,000, of which
332

SJ 63 PCS

1 $4,500,000 shall be for the National Institute for Lit2 eracy; and of which $1,489,081,000 shall become available

3 on July 1, 1997 and shall remain available through Sep4 tember 30, 1998: Provided, That of the amounts made

5 available under the Carl D. Perkins Vocational and Ap6 plied Technology Education Act, $4,500,000 shall be for

7 national programs under title IV without regard to section

8 451: Provided further, That the Secretary may reserve up

9 to $5,000,000 under section 313(d) of the Adult Edu10 cation Act for activities carried out under section 383 of

11 that Act: Provided further, That no funds shall be awarded

12 to a State Council under section 112(f) of the Carl D.

13 Perkins Vocational and Applied Technology Education

14 Act, and no State shall be required to operate such a

15 Council.

16 STUDENT FINANCIAL ASSISTANCE

17 For carrying out subparts 1, 3, and 4 of part A, part

18 C and part E of title IV of the Higher Education Act of

19 1965, as amended, $7,560,407,000, which shall remain

20 available through September 30, 1998.

21 The maximum Pell Grant for which a student shall

22 be eligible during award year 1997–1998 shall be $2,700:

23 Provided, That notwithstanding section 401(g) of the Act,

24 if the Secretary determines, prior to publication of the

25 payment schedule for such award year, that the amount

26 included within this appropriation for Pell Grant awards
333

SJ 63 PCS

1 in such award year, and any funds available from the fis2 cal year 1996 appropriation for Pell Grant awards, are

3 insufficient to satisfy fully all such awards for which stu4 dents are eligible, as calculated under section 401(b) of

5 the Act, the amount paid for each such award shall be

6 reduced by either a fixed or variable percentage, or by a

7 fixed dollar amount, as determined in accordance with a

8 schedule of reductions established by the Secretary for this

9 purpose.

10 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

11 For Federal administrative expenses to carry out

12 guaranteed student loans authorized by title IV, part B,

13 of the Higher Education Act, as amended, $46,572,000.

14 HIGHER EDUCATION

15 For carrying out, to the extent not otherwise pro16 vided, parts A and B of title III, without regard to section

17 360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and

18 subpart 1 of part B of title X, and title XI of the Higher

19 Education Act of 1965, as amended, Public Law 102–423

20 and the Mutual Educational and Cultural Exchange Act

21 of 1961; $876,856,000, of which $15,673,000 for interest

22 subsidies under title VII of the Higher Education Act, as

23 amended, shall remain available until expended: Provided,

24 That funds available for part D of title IX of the Higher

25 Education Act shall be available to fund noncompeting

26 continuation awards for academic year 1997–1998 for fel-
334

SJ 63 PCS

1 lowships awarded originally under part B of title IX of

2 said Act, under the terms and conditions of part B: Pro3 vided further, That $5,931,000 of the funds available for

4 part D of title IX of the Higher Education Act shall be

5 available to fund new and noncompeting continuation

6 awards for academic year 1997–1998 for fellowships

7 awarded under part C of title IX of said Act, under the

8 terms and conditions of part C: Provided further, That

9 notwithstanding sections 419D, 419E, and 419H of the

10 Higher Education Act, as amended, scholarships made

11 under title IV, part A, subpart 6 shall be prorated to

12 maintain the same number of new scholarships in fiscal

13 year 1997 as in fiscal year 1996: Provided further, That

14 $3,000,000, to remain available until expended, shall be

15 for the George H.W. Bush fellowship program, if author16 ized by April 1, 1997: Provided further, That $3,000,000,

17 to remain available until expended, shall be for the Ed18 mund S. Muskie Foundation to establish an endowment

19 fund to provide income to support such foundation on a

20 continuing basis, if authorized by April 1, 1997: Provided

21 further, That $3,000,000, to remain available until ex22 pended, shall be for the Claiborne Pell Institute for Inter23 national Relations and Public Policy at Salve Regina Uni24 versity in Newport, Rhode Island, if authorized by April

25 1, 1997.
335

SJ 63 PCS

1 HOWARD UNIVERSITY

2 For partial support of Howard University (20 U.S.C.

3 121 et seq.), $196,000,000: Provided, That from the

4 amount available, the University may at its discretion use

5 funds for the endowment program as authorized under the

6 Howard University Endowment Act (Public Law 98–480).

7 HIGHER EDUCATION FACILITIES LOANS

8 The Secretary is hereby authorized to make such ex9 penditures, within the limits of funds available under this

10 heading and in accord with law, and to make such con11 tracts and commitments without regard to fiscal year limi12 tation, as provided by section 104 of the Government Cor13 poration Control Act (31 U.S.C. 9104), as may be nec14 essary in carrying out the program for the current fiscal

15 year.

16 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

17 PROGRAM

18 For administrative expenses to carry out the existing

19 direct loan program of college housing and academic facili20 ties loans entered into pursuant to title VII, part C, of

21 the Higher Education Act, as amended, $698,000.

22 COLLEGE HOUSING LOANS

23 Pursuant to title VII, part C of the Higher Education

24 Act, as amended, for necessary expenses of the college

25 housing loans program, the Secretary shall make expendi26 tures and enter into contracts without regard to fiscal year
336

SJ 63 PCS

1 limitation using loan repayments and other resources

2 available to this account. Any unobligated balances becom3 ing available from fixed fees paid into this account pursu4 ant to 12 U.S.C. 1749d, relating to payment of costs for

5 inspections and site visits, shall be available for the operat6 ing expenses of this account.

7 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

8 CAPITAL FINANCING, PROGRAM ACCOUNT

9 The total amount of bonds insured pursuant to sec10 tion 724 of title VII, part B of the Higher Education Act

11 shall not exceed $357,000,000, and the cost, as defined

12 in section 502 of the Congressional Budget Act of 1974,

13 of such bonds shall not exceed zero.

14 For administrative expenses to carry out the Histori15 cally Black College and University Capital Financing Pro16 gram entered into pursuant to title VII, part B of the

17 Higher Education Act, as amended, $104,000.

18 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

19 For carrying out activities authorized by the Edu20 cational Research, Development, Dissemination, and Im21 provement Act of 1994 including part E; the National

22 Education Statistics Act of 1994; section 2102(c)(11),

23 sections 3136 and 3141, parts A, B, C, and D of title

24 III and parts A, B, I, and K and section 10601 of title

25 X, and part C of title XIII of the Elementary and Second26 ary Education Act of 1965, as amended, and title VI of
337

SJ 63 PCS

1 Public Law 103–227, $596,350,000: Provided, That

2 $70,000,000 shall be for sections 3136 and 3141 of the

3 Elementary and Secondary Education Act: Provided fur4 ther, That none of the funds appropriated in this para5 graph may be obligated or expended for the Goals 2000

6 Community Partnerships Program: Provided further, That

7 notwithstanding any other provision of law, one-half of one

8 percent of the amount available for section 3132 of the

9 Elementary and Secondary Education Act of 1965, as

10 amended, shall be set aside for all the outlying areas to

11 be distributed to each outlying area in the same manner

12 that funds are distributed among the States under section

13 3131(a)(1).

14 LIBRARIES

15 For carrying out, to the extent not otherwise pro16 vided, titles I, II, III, and IV of the Library Services and

17 Construction Act, and title II–B of the Higher Education

18 Act, $128,369,000, of which $16,369,000 shall be used

19 to carry out the provisions of title II of the Library Serv20 ices and Construction Act and shall remain available until

21 expended; and $2,500,000 shall be for section 222 and

22 $5,000,000 shall be for section 223 of the Higher Edu23 cation Act: Provided, That $1,000,000 shall be competi24 tively awarded to a nonprofit regional social tolerance re25 source center, operating tolerance tools and prejudice re-
338

SJ 63 PCS

1 duction programs and multimedia tolerance and genocide

2 exhibits.

3 DEPARTMENTAL MANAGEMENT

4 PROGRAM ADMINISTRATION

5 For carrying out, to the extent not otherwise pro6 vided, the Department of Education Organization Act, in7 cluding rental of conference rooms in the District of Co8 lumbia and hire of two passenger motor vehicles,

9 $327,000,000.

10 OFFICE FOR CIVIL RIGHTS

11 For expenses necessary for the Office for Civil

12 Rights, as authorized by section 203 of the Department

13 of Education Organization Act, $55,000,000.

14 OFFICE OF THE INSPECTOR GENERAL

15 For expenses necessary for the Office of the Inspector

16 General, as authorized by section 212 of the Department

17 of Education Organization Act, $30,000,000, together

18 with any funds, to remain available until expended, that

19 represent the equitable share from the forfeiture of prop20 erty in investigations in which the Office of Inspector Gen21 eral participated, and which are transferred to the Office

22 of the Inspector General by the Department of Justice,

23 the Department of the Treasury, or the United States

24 Postal Service.
339

SJ 63 PCS

1 GENERAL PROVISIONS

2 SEC. 301. No funds appropriated in this Act may be

3 used for the transportation of students or teachers (or for

4 the purchase of equipment for such transportation) in

5 order to overcome racial imbalance in any school or school

6 system, or for the transportation of students or teachers

7 (or for the purchase of equipment for such transportation)

8 in order to carry out a plan of racial desegregation of any

9 school or school system.

10 SEC. 302. None of the funds contained in this Act

11 shall be used to require, directly or indirectly, the trans12 portation of any student to a school other than the school

13 which is nearest the student’s home, except for a student

14 requiring special education, to the school offering such

15 special education, in order to comply with title VI of the

16 Civil Rights Act of 1964. For the purpose of this section

17 an indirect requirement of transportation of students in18 cludes the transportation of students to carry out a plan

19 involving the reorganization of the grade structure of

20 schools, the pairing of schools, or the clustering of schools,

21 or any combination of grade restructuring, pairing or clus22 tering. The prohibition described in this section does not

23 include the establishment of magnet schools.
340

SJ 63 PCS

1 SEC. 303. No funds appropriated under this Act may

2 be used to prevent the implementation of programs of vol3 untary prayer and meditation in the public schools.

4 SEC. 304. Notwithstanding any other provision of

5 law, funds available under section 458 of the Higher Edu6 cation Act shall not exceed $491,000,000 for fiscal year

7 1997. The Department of Education shall use

8 $80,000,000 of the amounts provided for payment of ad9 ministrative cost allowances to guaranty agencies for fiscal

10 year 1996. For fiscal year 1997, the Department of Edu11 cation shall pay administrative costs to guaranty agencies,

12 calculated on the basis of 0.85 percent of the total prin13 cipal amount of loans upon which insurance was issued

14 on or after October 1, 1996: Provided, That such adminis15 trative costs shall be paid only on the first $8,200,000,000

16 of the principal amount of loans upon which insurance was

17 issued on or after October 1, 1996 by such guaranty agen18 cies, and shall not exceed a total of $70,000,000. Such

19 payments are to be paid quarterly, and receipt of such

20 funds and uses of such funds shall be in accordance with

21 section 428(f) of the Higher Education Act. Receipt of

22 such funds and uses of such funds by guaranty agencies

23 shall be in accordance with section 428(f) of the Higher

24 Education Act.
341

SJ 63 PCS

1 Notwithstanding section 458 of the Higher Education

2 Act, the Secretary may not use funds available under that

3 section or any other section for subsequent fiscal years

4 for administrative expenses of the William D. Ford Direct

5 Loan Program. The Secretary may not require the return

6 of guaranty agency reserve funds during fiscal year 1997,

7 except after consultation with both the Chairmen and

8 ranking members of the House Economic and Educational

9 Opportunities Committee and the Senate Labor and

10 Human Resources Committee. Any reserve funds recov11 ered by the Secretary shall be returned to the Treasury

12 of the United States for purposes of reducing the Federal

13 deficit.

14 No funds available to the Secretary may be used for

15 (1) the hiring of advertising agencies or other third parties

16 to provide advertising services for student loan programs,

17 or (2) payment of administrative fees relating to the Wil18 liam D. Ford Direct Loan Program to institutions of high19 er education.

20 SEC. 305. None of the funds appropriated in this Act

21 may be obligated or expended to carry out section 727 of

22 the Higher Education Act of 1965, and section 621(b) of

23 Public Law 101–589.

24 (TRANSFER OF FUNDS)

25 SEC. 306. Not to exceed 1 percent of any discre26 tionary funds (pursuant to the Balanced Budget and
342

SJ 63 PCS

1 Emergency Deficit Control Act, as amended) which are

2 appropriated for the current fiscal year for the Depart3 ment of Education in this Act may be transferred between

4 appropriations, but no such appropriation shall be in5 creased by more than 3 percent by any such transfer: Pro6 vided, That the Appropriations Committees of both

7 Houses of Congress are notified at least fifteen days in

8 advance of any transfer.

9 SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Ele10 mentary and Secondary Education Act of 1965 (20 U.S.C.

11 7703(f)(3)(A)(i)) is amended—

12 (1) in the matter preceding subclause (I), by

13 striking ‘‘The Secretary’’ and all that follows

14 through ‘‘greater of—’’ and inserting the following:

15 ‘‘The Secretary, in conjunction with the local edu16 cational agency, shall first determine each of the fol17 lowing:’’;

18 (2) in each of subclauses (I) through (III), by

19 striking ‘‘the average’’ each place it appears the first

20 time in each such subclause and inserting ‘‘The av21 erage’’;

22 (3) in subclause (I), by striking the semicolon

23 and inserting a period;

24 (4) in subclause (II), by striking ‘‘: or’’ and in25 serting a period; and
343

SJ 63 PCS

1 (5) by adding at the end the following:

2 ‘‘The local educational agency shall select one

3 of the amounts determined under subclause (I),

4 (II), or (III) for purposes of the remaining

5 computations under this subparagraph.’’.

6 (b) The amendments made by subsection (a) shall

7 apply with respect to fiscal years beginning with fiscal

8 year 1995.

9 SEC. 308. Section 487A of the Higher Education Act

10 (20 U.S.C. 1094a et seq.) is amended by striking all after

11 the word ‘‘sites’’ in paragraph (d)(1) and inserting in lieu

12 thereof ‘‘to test alternative data verification.’’. Paragraph

13 (d)(2) of section 487A is also amended by striking all after

14 the word ‘‘site’’ and inserting in lieu thereof the following:

15 ‘‘from regulations prescribed under this title related to ap16 plication data verification that would bias experimental re17 sults.’’.

18 SEC. 309. CLASSROOM COMPUTERS AND RELATED

19 TECHNOLOGY.—

20 (a) IN GENERAL.—Section 304 of the Goals

21 2000: Educate America Act (20 U.S.C. 5884) is

22 amended by adding at the end the following new

23 subsection:

24 ‘‘(f) CLASSROOM COMPUTERS AND RELATED TECH25 NOLOGY.—
344

SJ 63 PCS

1 ‘‘(1) IN GENERAL.—Notwithstanding any other

2 provision of this title, the Secretary shall make avail3 able to the State educational agency serving each eli4 gible State the allotment that the State educational

5 agency would have received under this section for a

6 fiscal year if such agency were eligible for assistance

7 under this title for such year, to enable such agency

8 to award subgrants, competitively awarded or dis9 tributed according to a state’s own formula, to local

10 educational agencies within the State to support the

11 use of computers and computer-related technology,

12 the use of technology-enhanced curricula and in13 struction, the purchase of computers, or computer14 related technology.

15 ‘‘(2) USE OF ALLOTTED FUNDS.—

16 ‘‘(A) IN GENERAL.—Each State edu17 cational agency receiving an allotment pursuant

18 to paragraph (1) shall certify to the Secretary

19 that the allotted funds will be used to pay for

20 the use of computers and computer-related

21 technology, the use of technology-enhanced cur22 ricula and instruction, the purchase of comput23 ers, or computer-related technology.

24 ‘‘(B) CONSTRUCTION.—Nothing in this

25 title shall be constructed to permit the Sec-
345

SJ 63 PCS

1 retary or any other officer or employee of the

2 Federal Government to review or approve a

3 State’s plan, or academic standards contained

4 in such plan, in order to receive an allotment

5 pursuant to paragraph (1).

6 ‘‘(3) ELIGIBLE STATE.—For the purpose of this

7 subsection the term ‘eligible state’ means a state

8 that—

9 ‘‘(A) is not participating in the program

10 under this title as of September 15, 1996.’’

11 (b) SPECIAL RULE.—Paragraph (2) of Section

12 308(b) of such Act (20 U.S.C. 5888(b)) is amend13 ed—

14 (1) in subparagraph (L), by striking ‘‘and’’

15 after the semicolon;

16 (2) in subparagraph (M), by striking the

17 period and inserting ‘‘; and’’; and

18 (3) by adding at the end the following new

19 subparagraph:

20 ‘‘(N) supporting activities relating to the

21 use of computers and computer-related tech22 nology, the use of technology-enhanced curric23 ula and instruction, the purchase of computers,

24 or computer-related technology.’’.
346

SJ 63 PCS

1 These titles may be cited as the ‘‘Department of Edu2 cation Appropriations Act, 1997’’.

3 TITLE IV—RELATED AGENCIES

4 ARMED FORCES RETIREMENT HOME

5 For expenses necessary for the Armed Forces Retire6 ment Home to operate and maintain the United States

7 Soldiers’ and Airmen’s Home and the United States Naval

8 Home, to be paid from funds available in the Armed

9 Forces Retirement Home Trust Fund, $56,204,000, of

10 which $432,000 shall remain available until expended for

11 construction and renovation of the physical plants at the

12 United States Soldiers’ and Airmen’s Home and the Unit13 ed States Naval Home: Provided, That this appropriation

14 shall not be available for the payment of hospitalization

15 of members of the Soldiers’ and Airmen’s Home in United

16 States Army hospitals at rates in excess of those pre17 scribed by the Secretary of the Army upon recommenda18 tion of the Board of Commissioners and the Surgeon Gen19 eral of the Army.

20 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

21 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

22 EXPENSES

23 For expenses necessary for the Corporation for Na24 tional and Community Service to carry out the provisions
347

SJ 63 PCS

1 of the Domestic Volunteer Service Act of 1973, as amend2 ed, $203,969,000.

3 CORPORATION FOR PUBLIC BROADCASTING

4 For payment to the Corporation for Public Broad5 casting, as authorized by the Communications Act of

6 1934, an amount which shall be available within limita7 tions specified by that Act, for the fiscal year 1999,

8 $250,000,000: Provided, That no funds made available to

9 the Corporation for Public Broadcasting by this Act shall

10 be used to pay for receptions, parties, or similar forms

11 of entertainment for Government officials or employees:

12 Provided further, That none of the funds contained in this

13 paragraph shall be available or used to aid or support any

14 program or activity from which any person is excluded,

15 or is denied benefits, or is discriminated against, on the

16 basis of race, color, national origin, religion, or sex.

17 FEDERAL MEDIATION AND CONCILIATION SERVICE

18 SALARIES AND EXPENSES

19 For expenses necessary for the Federal Mediation

20 and Conciliation Service to carry out the functions vested

21 in it by the Labor Management Relations Act, 1947 (29

22 U.S.C. 171–180, 182–183), including hire of passenger

23 motor vehicles; and for expenses necessary for the Labor24 Management Cooperation Act of 1978 (29 U.S.C. 175a);

25 and for expenses necessary for the Service to carry out
348

SJ 63 PCS

1 the functions vested in it by the Civil Service Reform Act,

2 Public Law 95–454 (5 U.S.C. chapter 71), $32,579,000

3 including $1,500,000, to remain available through Sep4 tember 30, 1998, for activities authorized by the Labor5 Management Cooperation Act of 1978 (29 U.S.C. 175a):

6 Provided, That notwithstanding 31 U.S.C. 3302, fees

7 charged, up to full-cost recovery, for special training ac8 tivities and for arbitration services shall be credited to and

9 merged with this account, and shall remain available until

10 expended: Provided further, That fees for arbitration serv11 ices shall be available only for education, training, and

12 professional development of the agency workforce: Pro13 vided further, That the Director of the Service is author14 ized to accept on behalf of the United States gifts of serv15 ices and real, personal, or other property in the aid of any

16 projects or functions within the Director’s jurisdiction.

17 FEDERAL MINE SAFETY AND HEALTH REVIEW

18 COMMISSION

19 SALARIES AND EXPENSES

20 For expenses necessary for the Federal Mine Safety

21 and Health Review Commission (30 U.S.C. 801 et seq.),

22 $6,060,000.
349

SJ 63 PCS

1 NATIONAL COMMISSION ON LIBRARIES AND

2 INFORMATION SCIENCE

3 SALARIES AND EXPENSES

4 For necessary expenses for the National Commission

5 on Libraries and Information Science, established by the

6 Act of July 20, 1970 (Public Law 91–345, as amended

7 by Public Law 102–95), $897,000.

8 NATIONAL COUNCIL ON DISABILITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the National Council on

11 Disability as authorized by title IV of the Rehabilitation

12 Act of 1973, as amended, $1,793,000.

13 NATIONAL EDUCATION GOALS PANEL

14 For expenses necessary for the National Education

15 Goals Panel, as authorized by title II, part A of the Goals

16 2000: Educate America Act, $1,500,000.

17 NATIONAL LABOR RELATIONS BOARD

18 SALARIES AND EXPENSES

19 For expenses necessary for the National Labor Rela20 tions Board to carry out the functions vested in it by the

21 Labor-Management Relations Act, 1947, as amended (29

22 U.S.C. 141–167), and other laws, $161,753,000: Pro23 vided, That no part of this appropriation shall be available

24 to organize or assist in organizing agricultural laborers or

25 used in connection with investigations, hearings, direc-
350

SJ 63 PCS

1 tives, or orders concerning bargaining units composed of

2 agricultural laborers as referred to in section 2(3) of the

3 Act of July 5, 1935 (29 U.S.C. 152), and as amended

4 by the Labor-Management Relations Act, 1947, as amend5 ed, and as defined in section 3(f) of the Act of June 25,

6 1938 (29 U.S.C. 203), and including in said definition em7 ployees engaged in the maintenance and operation of

8 ditches, canals, reservoirs, and waterways when main9 tained or operated on a mutual, nonprofit basis and at

10 least 95 per centum of the water stored or supplied there11 by is used for farming purposes: Provided further, That

12 none of the funds made available by this Act shall be used

13 in any way to promulgate a final rule (altering 29 CFR

14 part 103) regarding single location bargaining units in

15 representation cases.

16 NATIONAL MEDIATION BOARD

17 SALARIES AND EXPENSES

18 For expenses necessary to carry out the provisions

19 of the Railway Labor Act, as amended (45 U.S.C. 151–

20 188), including emergency boards appointed by the Presi21 dent, $8,300,000: Provided, That unobligated balances at

22 the end of fiscal year 1997 not needed for emergency

23 boards shall remain available through September 30,

24 1998.
351

SJ 63 PCS

1 OCCUPATIONAL SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Occupational Safety

5 and Health Review Commission (29 U.S.C. 661),

6 $7,753,000.

7 PHYSICIAN PAYMENT REVIEW COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary to carry out section 1845(a)

10 of the Social Security Act, $3,263,000, to be transferred

11 to this appropriation from the Federal Supplementary

12 Medical Insurance Trust Fund.

13 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

14 SALARIES AND EXPENSES

15 For expenses necessary to carry out section 1886(e)

16 of the Social Security Act, $3,263,000, to be transferred

17 to this appropriation from the Federal Hospital Insurance

18 and the Federal Supplementary Medical Insurance Trust

19 Funds.

20 SOCIAL SECURITY ADMINISTRATION

21 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

22 For payment to the Federal Old-Age and Survivors

23 Insurance and the Federal Disability Insurance trust

24 funds, as provided under sections 201(m), 228(g), and

25 1131(b)(2) of the Social Security Act, $20,923,000.
352

SJ 63 PCS

1 In addition, to reimburse these trust funds for admin2 istrative expenses to carry out sections 9704 and 9706 of

3 the Internal Revenue Code of 1986, $10,000,000, to re4 main available until expended.

5 SPECIAL BENEFITS FOR DISABLED COAL MINERS

6 For carrying out title IV of the Federal Mine Safety

7 and Health Act of 1977, $460,070,000, to remain avail8 able until expended.

9 For making, after July 31 of the current fiscal year,

10 benefit payments to individuals under title IV of the Fed11 eral Mine Safety and Health Act of 1977, for costs in12 curred in the current fiscal year, such amounts as may

13 be necessary.

14 For making benefit payments under title IV of the

15 Federal Mine Safety and Health Act of 1977 for the first

16 quarter of fiscal year 1998, $160,000,000, to remain

17 available until expended.

18 SUPPLEMENTAL SECURITY INCOME PROGRAM

19 For carrying out titles XI and XVI of the Social Se20 curity Act, section 401 of Public Law 92–603, section 212

21 of Public Law 93–66, as amended, and section 405 of

22 Public Law 95–216, including payment to the Social Secu23 rity trust funds for administrative expenses incurred pur24 suant to section 201(g)(1) of the Social Security Act,

25 $19,372,010,000, to remain available until expended: Pro26 vided, That any portion of the funds provided to a State
353

SJ 63 PCS

1 in the current fiscal year and not obligated by the State

2 during that year shall be returned to the Treasury.

3 From funds provided under the previous paragraph,

4 not less than $100,000,000 shall be available for payment

5 to the Social Security trust funds for administrative ex6 penses for conducting continuing disability reviews.

7 In addition, $175,000,000, to remain available until

8 September 30, 1998, for payment to the Social Security

9 trust funds for administrative expenses for continuing dis10 ability reviews as authorized by section 103 of Public Law

11 104–121 and Supplemental Security Income administra12 tive work as authorized by Public Law 104–193. The term

13 ‘‘continuing disability reviews’’ means reviews and redeter14 mination as defined under section 201(g)(1)(A) of the So15 cial Security Act as amended, and reviews and redeter16 minations authorized under section 211 of Public Law

17 104–193.

18 For making, after June 15 of the current fiscal year,

19 benefit payments to individuals under title XVI of the So20 cial Security Act, for unanticipated costs incurred for the

21 current fiscal year, such sums as may be necessary.

22 For carrying out title XVI of the Social Security Act

23 for the first quarter of fiscal year 1998, $9,690,000,000,

24 to remain available until expended.
354

SJ 63 PCS

1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 For necessary expenses, including the hire of two pas3 senger motor vehicles, and not to exceed $10,000 for offi4 cial reception and representation expenses, not more than

5 $5,873,382,000 may be expended, as authorized by sec6 tion 201(g)(1) of the Social Security Act or as necessary

7 to carry out sections 9704 and 9706 of the Internal Reve8 nue Code of 1986 from any one or all of the trust funds

9 referred to therein: Provided, That reimbursement to the

10 trust funds under this heading for administrative expenses

11 to carry out sections 9704 and 9706 of the Internal Reve12 nue Code of 1986 shall be made, with interest, not later

13 than September 30, 1998: Provided further, That not less

14 than $1,268,000 shall be for the Social Security Advisory

15 Board: Provided further, That unobligated balances at the

16 end of fiscal year 1997 not needed for fiscal year 1997

17 shall remain available until expended for a state-of-the18 art computing network, including related equipment and

19 administrative expenses associated solely with this net20 work.

21 From funds provided under the previous paragraph,

22 not less than $200,000,000 shall be available for conduct23 ing continuing disability reviews.

24 In addition to funding already available under this

25 heading, and subject to the same terms and conditions,
355

SJ 63 PCS

1 $310,000,000, to remain available until September 30,

2 1998, for continuing disability reviews as authorized by

3 section 103 of Public Law 104–121 and Supplemental Se4 curity Income administrative work, as authorized by Pub5 lic Law 104–193. The term ‘‘continuing disability re6 views’’ means reviews and redetermination as defined

7 under section 201(g)(1)(A) of the Social Security Act as

8 amended, and reviews and redeterminations authorized

9 under section 211 of Public Law 104–193.

10 In addition to funding already available under this

11 heading, and subject to the same terms and conditions,

12 $234,895,000, which shall remain available until ex13 pended, to invest in a state-of-the-art computing network,

14 including related equipment and administrative expenses

15 associated solely with this network, for the Social Security

16 Administration and the State Disability Determination

17 Services, may be expended from any or all of the trust

18 funds as authorized by section 201(g)(1) of the Social Se19 curity Act.

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector

22 General in carrying out the provisions of the Inspector

23 General Act of 1978, as amended, $6,335,000, together

24 with not to exceed $31,089,000, to be transferred and ex25 pended as authorized by section 201(g)(1) of the Social

26 Security Act from the Federal Old-Age and Survivors In-
356

SJ 63 PCS

1 surance Trust Fund and the Federal Disability Insurance

2 Trust Fund.

3 RAILROAD RETIREMENT BOARD

4 DUAL BENEFITS PAYMENTS ACCOUNT

5 For payment to the Dual Benefits Payments Ac6 count, authorized under section 15(d) of the Railroad Re7 tirement Act of 1974, $223,000,000, which shall include

8 amounts becoming available in fiscal year 1997 pursuant

9 to section 224(c)(1)(B) of Public Law 98–76; and in addi10 tion, an amount, not to exceed 2 percent of the amount

11 provided herein, shall be available proportional to the

12 amount by which the product of recipients and the average

13 benefit received exceeds $223,000,000: Provided, That the

14 total amount provided herein shall be credited in 12 ap15 proximately equal amounts on the first day of each month

16 in the fiscal year.

17 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

18 ACCOUNTS

19 For payment to the accounts established in the

20 Treasury for the payment of benefits under the Railroad

21 Retirement Act for interest earned on unnegotiated

22 checks, $300,000, to remain available through September

23 30, 1998, which shall be the maximum amount available

24 for payment pursuant to section 417 of Public Law 98–

25 76.
357

SJ 63 PCS

1 LIMITATION ON ADMINISTRATION

2 For necessary expenses for the Railroad Retirement

3 Board for administration of the Railroad Retirement Act

4 and the Railroad Unemployment Insurance Act,

5 $87,898,000, to be derived in such amounts as determined

6 by the Board from the railroad retirement accounts and

7 from moneys credited to the railroad unemployment insur8 ance administration fund.

9 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

10 For expenses necessary for the Office of Inspector

11 General for audit, investigatory and review activities, as

12 authorized by the Inspector General Act of 1978, as

13 amended, not more than $5,404,000, to be derived from

14 the railroad retirement accounts and railroad unemploy15 ment insurance account: Provided, That none of the funds

16 made available in this Act may be transferred to the Office

17 from the Department of Health and Human Services, or

18 used to carry out any such transfer: Provided further, That

19 none of the funds made available in this paragraph may

20 be used for any audit, investigation, or review of the Medi21 care program.

22 UNITED STATES INSTITUTE OF PEACE

23 OPERATING EXPENSES

24 For necessary expenses of the United States Institute

25 of Peace as authorized in the United States Institute of

26 Peace Act, $11,160,000.
358

SJ 63 PCS

1 TITLE V—GENERAL PROVISIONS

2 SEC. 501. The Secretaries of Labor, Health and

3 Human Services, and Education are authorized to transfer

4 unexpended balances of prior appropriations to accounts

5 corresponding to current appropriations provided in this

6 Act: Provided, That such transferred balances are used for

7 the same purpose, and for the same periods of time, for

8 which they were originally appropriated.

9 SEC. 502. No part of any appropriation contained in

10 this Act shall remain available for obligation beyond the

11 current fiscal year unless expressly so provided herein.

12 SEC. 503. (a) No part of any appropriation contained

13 in this Act shall be used, other than for normal and recog14 nized executive-legislative relationships, for publicity or

15 propaganda purposes, for the preparation, distribution, or

16 use of any kit, pamphlet, booklet, publication, radio, tele17 vision, or video presentation designed to support or defeat

18 legislation pending before the Congress, or any State legis19 lature, except in presentation to the Congress or any State

20 legislative body itself.

21 (b) No part of any appropriation contained in this

22 Act shall be used to pay the salary or expenses of any

23 grant or contract recipient, or agent acting for such recipi24 ent, related to any activity designed to influence legislation
359

SJ 63 PCS

1 or appropriations pending before the Congress or any

2 State legislature.

3 SEC. 504. The Secretaries of Labor and Education

4 are each authorized to make available not to exceed

5 $15,000 from funds available for salaries and expenses

6 under titles I and III, respectively, for official reception

7 and representation expenses; the Director of the Federal

8 Mediation and Conciliation Service is authorized to make

9 available for official reception and representation expenses

10 not to exceed $2,500 from the funds available for ‘‘Sala11 ries and expenses, Federal Mediation and Conciliation

12 Service’’; and the Chairman of the National Mediation

13 Board is authorized to make available for official reception

14 and representation expenses not to exceed $2,500 from

15 funds available for ‘‘Salaries and expenses, National Medi16 ation Board’’.

17 SEC. 505. Notwithstanding any other provision of

18 this Act, no funds appropriated under this Act shall be

19 used to carry out any program of distributing sterile nee20 dles for the hypodermic injection of any illegal drug unless

21 the Secretary of Health and Human Services determines

22 that such programs are effective in preventing the spread

23 of HIV and do not encourage the use of illegal drugs.

24 SEC. 506. (a) PURCHASE OF AMERICAN-MADE

25 EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
360

SJ 63 PCS

1 gress that, to the greatest extent practicable, all equip2 ment and products purchased with funds made available

3 in this Act should be American-made.

4 (b) NOTICE REQUIREMENT.—In providing financial

5 assistance to, or entering into any contract with, any en6 tity using funds made available in this Act, the head of

7 each Federal agency, to the greatest extent practicable,

8 shall provide to such entity a notice describing the state9 ment made in subsection (a) by the Congress.

10 (c) PROHIBITION OF CONTRACTS WITH PERSONS

11 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

12 If it has been finally determined by a court or Federal

13 agency that any person intentionally affixed a label bear14 ing a ‘‘Made in America’’ inscription, or any inscription

15 with the same meaning, to any product sold in or shipped

16 to the United States that is not made in the United

17 States, the person shall be ineligible to receive any con18 tract or subcontract made with funds made available in

19 this Act, pursuant to the debarment, suspension, and ineli20 gibility procedures described in sections 9.400 through

21 9.409 of title 48, Code of Federal Regulations.

22 SEC. 507. When issuing statements, press releases,

23 requests for proposals, bid solicitations and other docu24 ments describing projects or programs funded in whole or

25 in part with Federal money, all grantees receiving Federal
361

SJ 63 PCS

1 funds included in this Act, including but not limited to

2 State and local governments and recipients of Federal re3 search grants, shall clearly state (1) the percentage of the

4 total costs of the program or project which will be financed

5 with Federal money, (2) the dollar amount of Federal

6 funds for the project or program, and (3) percentage and

7 dollar amount of the total costs of the project or program

8 that will be financed by nongovernmental sources.

9 SEC. 508. None of the funds appropriated under this

10 Act shall be expended for any abortion except when it is

11 made known to the Federal entity or official to which

12 funds are appropriated under this Act that such procedure

13 is necessary to save the life of the mother or that the preg14 nancy is the result of an act of rape or incest.

15 SEC. 509. Notwithstanding any other provision of

16 law—

17 (1) no amount may be transferred from an ap18 propriation account for the Departments of Labor,

19 Health and Human Services, and Education except

20 as authorized in this or any subsequent appropria21 tion act, or in the Act establishing the program or

22 activity for which funds are contained in this Act;

23 (2) no department, agency, or other entity,

24 other than the one responsible for administering the

25 program or activity for which an appropriation is
362

SJ 63 PCS

1 made in this Act, may exercise authority for the tim2 ing of the obligation and expenditure of such appro3 priation, or for the purposes for which it is obligated

4 and expended, except to the extent and in the man5 ner otherwise provided in sections 1512 and 1513 of

6 title 31, United States Code; and

7 (3) no funds provided under this Act shall be

8 available for the salary (or any part thereof) of an

9 employee who is reassigned on a temporary detail

10 basis to another position in the employing agency or

11 department or in any other agency or department,

12 unless the detail is independently approved by the

13 head of the employing department or agency.

14 SEC. 510. None of the funds made available in this

15 Act may be used for the expenses of an electronic benefit

16 transfer (EBT) task force.

17 SEC. 511. None of the funds made available in this

18 Act may be used to enforce the requirements of section

19 428(b)(1)(U)(iii) of the Higher Education Act of 1965

20 with respect to any lender when it is made known to the

21 Federal official having authority to obligate or expend

22 such funds that the lender has a loan portfolio under part

23 B of title IV of such Act that is equal to or less than

24 $5,000,000.
363

SJ 63 PCS

1 SEC. 512. (a) None of the funds made available in

2 this Act may be used for—

3 (1) the creation of a human embryo or embryos

4 for research purposes; or

5 (2) research in which a human embryo or em6 bryos are destroyed, discarded, or knowingly sub7 jected to risk of injury or death greater than that

8 allowed for research on fetuses in utero under 45

9 CFR 46.208(a)(2) and section 498(b) of the Public

10 Health Service Act (42 U.S.C. 289g(b)).

11 (b) For purposes of this section, the term ‘‘human

12 embryo or embryos’’ include any organism, not protected

13 as a human subject under 45 CFR 46 as of the date of

14 the enactment of this Act, that is derived by fertilization,

15 parthenogenesis, cloning, or any other means from one or

16 more human gametes.

17 SEC. 513. None of the funds made available in this

18 Act may be used by the National Labor Relations Board

19 to assert jurisdiction over any labor dispute when it is

20 made known to the Federal official having authority to

21 obligate or expend such funds that—

22 (1) the labor dispute does not involve any class

23 or category of employer over which the Board would

24 assert jurisdiction under the standards prevailing on
364

SJ 63 PCS

1 August 1, 1959, with each financial threshold

2 amount adjusted for inflation by—

3 (A) using changes in the Consumer Price

4 Index for all urban consumers published by the

5 Department of Labor;

6 (B) using as the base period the later of

7 (i) the most recent calendar quarter ending be8 fore the financial threshold amount was estab9 lished; or (ii) the calendar quarter ending June

10 30, 1959; and

11 (C) rounding the adjusted financial thresh12 old amount to the nearest $10,000; and

13 (2) the effect of the labor dispute on interstate

14 commerce is not otherwise sufficiently substantial to

15 warrant the exercise of the Board’s jurisdiction.

16 SEC. 516. (a) LIMITATION ON USE OF FUNDS FOR

17 PROMOTION OF LEGALIZATION OF CONTROLLED SUB18 STANCES.—None of the funds made available in this Act

19 may be used for any activity when it is made known to

20 the Federal official having authority to obligate or expend

21 such funds that the activity promotes the legalization of

22 any drug or other substance included in schedule I of the

23 schedules of controlled substances established by section

24 202 of the Controlled Substances Act (21 U.S.C. 812).
365

SJ 63 PCS

1 (b) EXCEPTIONS.—The limitation in subsection (a)

2 shall not apply when it is made known to the Federal offi3 cial having authority to obligate or expend such funds that

4 there is significant medical evidence of a therapeutic ad5 vantage to the use of such drug or other substance or that

6 Federally-sponsored clinical trials are being conducted to

7 determine therapeutic advantage.

8 SEC. 519. None of the funds made available in this

9 Act may be obligated or expended to enter into or renew

10 a contract with an entity when it is made known to the

11 Federal official having authority to obligate or expend

12 such funds that—

13 (1) such entity is otherwise a contractor with

14 the United States and is subject to the requirement

15 in section 4212(d) of title 38, United States Code,

16 regarding submission of an annual report to the Sec17 retary of Labor concerning employment of certain

18 veterans; and

19 (2) such entity has not submitted a report as

20 required by that section for the most recent year for

21 which such requirement was applicable to such en22 tity.

23 SEC. 524. Of the budgetary resources available to

24 Agencies in this Act for salaries and expenses during fiscal

25 year 1997, $30,500,000, to be allocated by the Office of
366

SJ 63 PCS

1 Management and Budget, are permanently canceled: Pro2 vided, That the foregoing provision shall not apply to the

3 Food and Drug Administration and the Indian Health

4 Service.

5 SEC. 525. VOLUNTARY SEPARATION INCENTIVES

6 FOR EMPLOYEES OF CERTAIN FEDERAL AGENCIES.—(a)

7 DEFINITIONS.—For the purposes of this section—

8 (1) the term ‘‘agency’’ means the Railroad Re9 tirement Board and the Office of Inspector General

10 of the Railroad Retirement Board;

11 (2) the term ‘‘employee’’ means an employee

12 (as defined by section 2105 of title 5, United States

13 Code) who is employed by an agency, is serving

14 under an appointment without time limitation, and

15 has been currently employed for a continuous period

16 of at least 3 years, but does not include—

17 (A) a reemployed annuitant under sub18 chapter III of chapter 83 or chapter 84 of title

19 5, United States Code, or another retirement

20 system for employees of the agency;

21 (B) an employee having a disability on the

22 basis of which such employee is or would be eli23 gible for disability retirement under subchapter

24 III of chapter 83 or chapter 84 of title 5, Unit-
367

SJ 63 PCS

1 ed States Code, or another retirement system

2 for employees of the agency;

3 (C) an employee who is in receipt of a spe4 cific notice of involuntary separation for mis5 conduct or unacceptable performance;

6 (D) an employee who, upon completing an

7 additional period of service as referred to in

8 section 3(b)(2)(B)(ii) of the Federal Workforce

9 Restructuring Act of 1994 (5 U.S.C. 5597

10 note), would qualify for a voluntary separation

11 incentive payment under section 3 of such Act;

12 (E) an employee who has previously re13 ceived any voluntary separation incentive pay14 ment by the Federal Government under this

15 section or any other authority and has not re16 paid such payment;

17 (F) an employee covered by statutory re18 employment rights who is on transfer to an19 other organization; or

20 (G) any employee who, during the twenty21 four-month period preceding the date of separa22 tion, has received a recruitment or relocation

23 bonus under section 5753 of title 5, United

24 States Code, or who, within the twelve-month

25 period preceding the date of separation, re-
368

SJ 63 PCS

1 ceived a retention allowance under section 5754

2 of title 5, United States Code.

3 (b) AGENCY STRATEGIC PLAN.—

4 (1) IN GENERAL.—The three-member Railroad

5 Retirement Board, prior to obligating any resources

6 for voluntary separation incentive payments, shall

7 submit to the House and Senate Committees on Ap8 propriations and the Committee on Governmental

9 Affairs of the Senate and the Committee on Govern10 ment Reform and Oversight of the House of Rep11 resentatives a strategic plan outlining the intended

12 use of such incentive payments and a proposed orga13 nizational chart for the agency once such incentive

14 payments have been completed.

15 (2) CONTENTS.—The agency’s plan shall in16 clude—

17 (A) the positions and functions to be re18 duced or eliminated, identified by organizational

19 unit, geographic location, occupational category

20 and grade level;

21 (B) the number and amounts of voluntary

22 separation incentive payments to be offered;

23 and
369

SJ 63 PCS

1 (C) a description of how the agency will

2 operate without the eliminated positions and

3 functions.

4 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARA5 TION INCENTIVE PAYMENTS.—

6 (1) IN GENERAL.—A voluntary separation in7 centive payment under this section may be paid by

8 an agency to any employee only to the extent nec9 essary to eliminate the positions and functions iden10 tified by the strategic plan.

11 (2) AMOUNT AND TREATMENT OF PAYMENTS.—

12 A voluntary separation incentive payment—

13 (A) shall be paid in a lump sum after the

14 employee’s separation;

15 (B) shall be paid from appropriations or

16 funds available for the payment of the basic pay

17 of the employees;

18 (C) shall be equal to the lesser of—

19 (i) an amount equal to the amount

20 the employee would be entitled to receive

21 under section 5595(c) of title 5, United

22 States Code; or

23 (ii) an amount determined by the

24 agency head not to exceed $25,000;
370

SJ 63 PCS

1 (D) may not be made except in the case of

2 any qualifying employee who voluntarily sepa3 rates (whether by retirement or resignation) be4 fore September 30, 1997;

5 (E) shall not be a basis for payment, and

6 shall not be included in the computation, of any

7 other type of Government benefit; and

8 (F) shall not be taken into account in de9 termining the amount of any severance pay to

10 which the employee may be entitled under sec11 tion 5595 of title 5, United States Code, based

12 on any other separation.

13 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE

14 RETIREMENT FUND.—

15 (1) IN GENERAL.—In addition to any other

16 payments which it is required to make under sub17 chapter III of chapter 83 of title 5, United States

18 Code, an agency shall remit to the Office of Person19 nel Management for deposit in the Treasury of the

20 United States to the credit of the Civil Service Re21 tirement and Disability Fund an amount equal to 15

22 percent of the final basic pay of each employee of

23 the agency who is covered under subchapter III of

24 chapter 83 or chapter 84 of title 5, United States
371

SJ 63 PCS

1 Code, to whom a voluntary separation incentive has

2 been paid under this section.

3 (2) DEFINITION.—For the purpose of para4 graph (1), the term ‘‘final basic pay’’, with respect

5 to an employee, means the total amount of basic pay

6 which would be payable for a year of service by such

7 employee, computed using the employee’s final rate

8 of basic pay, and, if last serving on other than a

9 full-time basis, with appropriate adjustment there10 for.

11 (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

12 THE GOVERNMENT.—An individual who has received a

13 voluntary separation incentive payment under this section

14 and accepts any employment for compensation with the

15 Government of the United States, or who works for any

16 agency of the United States Government through a per17 sonal services contract, within 5 years after the date of

18 the separation on which the payment is based shall be re19 quired to pay, prior to the individual’s first day of employ20 ment, the entire amount of the incentive payment to the

21 agency that paid the incentive payment.

22 (f) REDUCTION OF AGENCY EMPLOYMENT LEV23 ELS.—

24 (1) IN GENERAL.—The total number of funded

25 employee positions in the agency shall be reduced by
372

SJ 63 PCS

1 one position for each vacancy created by the separa2 tion of any employee who has received, or is due to

3 receive, a voluntary separation incentive payment

4 under this section. For the purposes of this sub5 section, positions shall be counted on a full-time6 equivalent basis.

7 (2) ENFORCEMENT.—The President, through

8 the Office of Management and Budget, shall monitor

9 the agency and take any action necessary to ensure

10 that the requirements of this subsection are met.

11 (g) EFFECTIVE DATE.—This section shall take effect

12 October 1, 1996.

13 TITLE VI—COMMISSION ON

14 RETIREMENT INCOME POLICY

15 SEC. 601. SHORT TITLE.

16 This title may be cited as the ‘‘Commission on Retire17 ment Income Policy Act of 1996’’.

18 SEC. 602. ESTABLISHMENT.

19 There is established a commission to be known as the

20 Commission on Retirement Income Policy (in this title re21 ferred to as the ‘‘Commission’’).

22 SEC. 603. DUTIES.

23 (a) IN GENERAL.—The Commission shall conduct a

24 full and complete review and study of—
373

SJ 63 PCS

1 (1) trends in retirement savings in the United

2 States;

3 (2) existing Federal incentives and programs

4 that are established to encourage and protect such

5 savings; and

6 (3) new Federal incentives and programs that

7 are needed to encourage and protect such savings.

8 (b) SPECIFIC ISSUES.—In fulfilling the duty de9 scribed in subsection (a), the Commission shall address—

10 (1) the amount and sources of Federal and pri11 vate funds, including tax expenditures (as defined in

12 section 3 of the Congressional Budget Act of 1974

13 (2 U.S.C. 622)), needed to finance the incentives

14 and programs referred to in subsection (a)(2) and

15 any new Federal incentive or program that the Com16 mission recommends be established;

17 (2) the most efficient and effective manner,

18 considering the needs of retirement plan sponsors

19 for simplicity, reasonable cost, and appropriate in20 centives, of ensuring that individuals in the United

21 States will have adequate retirement savings;

22 (3) the amounts of retirement income that fu23 ture retirees will need to replace various levels of

24 preretirement income, including amounts necessary

25 to pay for medical and long-term care;
374

SJ 63 PCS

1 (4) the workforce and demographic trends that

2 affect the pensions of future retirees;

3 (5) the role of retirement savings in the econ4 omy of the United States;

5 (6) sources of retirement income other than pri6 vate pensions that are available to individuals in the

7 United States; and

8 (7) the shift away from insured and qualified

9 pension benefits in the United States.

10 (c) RECOMMENDATIONS.—

11 (1) IN GENERAL.—The Commission shall for12 mulate recommendations based on the review and

13 study conducted under subsection (a). The rec14 ommendations shall include measures that address

15 the needs of future retirees for—

16 (A) appropriate pension plan coverage and

17 other mechanisms for saving for retirement;

18 (B) an adequate retirement income;

19 (C) preservation of benefits they accumu20 late by participating in pension plans;

21 (D) information concerning pension plan

22 benefits; and

23 (E) procedures to resolve disputes involv24 ing such benefits.
375

SJ 63 PCS

1 (2) EFFECT ON FEDERAL BUDGET DEFICIT.—

2 A recommendation of the Commission for a new

3 Federal incentive or program that would result in an

4 increase in the Federal budget deficit shall not ap5 pear in the report required under section 607 unless

6 it is accompanied by a recommendation for offset7 ting the increase.

8 SEC. 604. MEMBERSHIP.

9 (a) NUMBER AND APPOINTMENT.—

10 (1) IN GENERAL.—The Commission shall be

11 composed of 16 voting members appointed not later

12 than 90 days after the date of the enactment of this

13 Act. The Commission shall consist of the following

14 members:

15 (A) Four members appointed by the Presi16 dent, of which two shall be from the executive

17 branch of the Government and two from private

18 life.

19 (B) Three members appointed by the Ma20 jority Leader of the Senate of which at least

21 one shall be from private life.

22 (C) Three members appointed by the Mi23 nority Leader of the Senate of which at least

24 one shall be from private life.
376

SJ 63 PCS

1 (D) Three members appointed by the Ma2 jority Leader of the House of Representatives

3 of which at least one shall be from private life.

4 (E) Three members appointed by the Mi5 nority Leader of the House of Representatives

6 of which at least one shall be from private life.

7 (2) QUALIFICATIONS.—The individuals referred

8 to in paragraph (1) who are not Members of the

9 Congress shall be leaders of business or labor, dis10 tinguished academics, or other individuals with dis11 tinctive qualifications and experience in retirement

12 income policy.

13 (b) TERMS.—Each member shall be appointed for the

14 life of the Commission.

15 (c) VACANCIES.—A vacancy in the Commission shall

16 be filled not later than 90 days after the date of the cre17 ation of the vacancy in the manner in which the original

18 appointment was made.

19 (d) COMPENSATION.—

20 (1) RATES OF PAY.—Except as provided in

21 paragraph (2), members of the Commission shall

22 serve without pay.

23 (2) TRAVEL EXPENSES.—Each member of the

24 Commission shall receive travel expenses, including

25 per diem in lieu of subsistence, in accordance with
377

SJ 63 PCS

1 sections 5702 and 5703 of title 5, United States

2 Code.

3 (e) QUORUM.—10 members of the Commission shall

4 constitute a quorum, but 6 members may hold hearings,

5 take testimony, or receive evidence.

6 (f) CHAIRPERSON.—The chairperson of the Commis7 sion shall be elected by a majority vote of the members

8 of the Commission.

9 (g) MEETINGS.—The Commission shall meet at the

10 call of the chairperson of the Commission.

11 (h) DECISIONS.—Decisions of the Commission shall

12 be made according to the vote of not less than a majority

13 of the members who are present and voting at a meeting

14 called pursuant to subsection (g).

15 SEC. 605. STAFF AND SUPPORT SERVICES.

16 (a) EXECUTIVE DIRECTOR.—The Commission shall

17 have an executive director appointed by the Commission.

18 The Commission shall fix the pay of the executive director.

19 (b) STAFF.—The Commission may appoint and fix

20 the pay of additional personnel as it considers appropriate.

21 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

22 LAWS.—The executive director and staff of the Commis23 sion may be appointed without regard to the provisions

24 of title 5, United States Code, governing appointments in

25 the competitive service, and may be paid without regard
378

SJ 63 PCS

1 to the provisions of chapter 51 and subchapter III of chap2 ter 53 of that title relating to classification and General

3 Schedule pay rates.

4 (d) EXPERTS AND CONSULTANTS.—The Commission

5 may procure temporary and intermittent services under

6 section 3109(b) of title 5, United States Code, at rates

7 the Commission determines to be appropriate.

8 (e) STAFF OF FEDERAL AGENCIES.—Upon request

9 of the Commission, the head of any Federal agency may

10 detail, on a reimbursable basis, any of the personnel of

11 the agency to the Commission to assist it in carrying out

12 its duties under this title.

13 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

14 request of the Commission, the Administrator of General

15 Services shall provide to the Commission, on a reimburs16 able basis, the administrative support services necessary

17 for the Commission to carry out its responsibilities under

18 this title.

19 SEC. 606. POWERS.

20 (a) HEARINGS AND SESSIONS.—

21 (1) IN GENERAL.—The Commission may, for

22 the purpose of carrying out this title, hold hearings,

23 sit and act at times and places, take testimony, and

24 receive evidence as the Commission considers appro-
379

SJ 63 PCS

1 priate. The Commission may administer oaths or af2 firmations to witnesses appearing before it.

3 (2) PUBLIC HEARINGS.—The Commission may

4 hold public hearings to receive the views of a broad

5 spectrum of the public on the status of the private

6 retirement system of the United States.

7 (b) DELEGATION OF AUTHORITY.—Any member,

8 committee, or agent of the Commission may, if authorized

9 by the Commission, take any action which the Commission

10 is authorized to take by this section.

11 (c) INFORMATION.—

12 (1) INFORMATION FROM FEDERAL AGENCIES.—

13 (A) IN GENERAL.—The Commission may

14 secure directly from any Federal agency infor15 mation necessary to enable it to carry out this

16 title. Upon request of the Commission, the head

17 of the Federal agency shall furnish the informa18 tion to the Commission.

19 (B) EXCEPTION.—Subparagraph (A) shall

20 not apply to any information that the Commis21 sion is prohibited to secure or request by an22 other law.

23 (2) PUBLIC SURVEYS.—The Commission may

24 conduct the public surveys necessary to enable it to

25 carry out this title. In conducting such surveys, the
380

SJ 63 PCS

1 Commission shall not be considered an agency for

2 purposes of chapter 35 of title 44, United States

3 Code.

4 (d) MAILS.—The Commission may use the United

5 States mails in the same manner and under the same con6 ditions as other Federal agencies.

7 (e) CONTRACT AND PROCUREMENT AUTHORITY.—

8 The Commission may make purchases, and may contract

9 with and compensate government and private agencies or

10 persons for property or services, without regard to—

11 (1) section 3709 of the Revised Statutes (41

12 U.S.C. 5); and

13 (2) title III of the Federal Property and Ad14 ministrative Services Act of 1949 (41 U.S.C. 251 et

15 seq.).

16 (f) GIFTS.—The Commission may accept, use, and

17 dispose of gifts of services or property, both real and per18 sonal, for the purpose of assisting the work of the Com19 mission. Gifts of money and proceeds from sales of prop20 erty received as gifts shall be deposited in the Treasury

21 and shall be available for disbursement upon order of the

22 Commission. For purposes of Federal income, estate, and

23 gift taxes, property accepted under this subsection shall

24 be considered as a gift to the United States.
381

SJ 63 PCS

1 (g) VOLUNTEER SERVICES.—Notwithstanding sec2 tion 1342 of title 31, United States Code, the Commission

3 may accept and use voluntary and uncompensated services

4 as the Commission determines necessary.

5 SEC. 607. REPORT.

6 Not later than 1 year after the first meeting of the

7 Commission, the Commission shall submit a report to the

8 President, the majority and minority leaders of the Sen9 ate, the Committee on Labor and Human Resources and

10 the Committee on Finance of the Senate, the majority and

11 minority leaders of the House of Representatives, and the

12 Committee on Ways and Means and the Committee on

13 Economic and Educational Opportunities of the House of

14 Representatives. The report shall review the matters that

15 the Commission is required to study under section 603

16 and shall set forth the recommendations of the Commis17 sion.

18 SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated such sums

20 as may be necessary to carry out this title.

21 SEC. 609. TERMINATION.

22 The Commission shall terminate not later than the

23 expiration of the 90-day period beginning on the date on

24 which the Commission submits its report under section

25 607.
382

SJ 63 PCS

1 This Act may be cited as the ‘‘Departments of Labor,

2 Health and Human Services, and Education, and Related

3 Agencies Appropriations Act, 1997’’.

4 (f) For programs, projects or activities in the Treas5 ury, Postal Service, and General Government Appropria6 tions Act, 1997, provided as follows, to be effective as if

7 it had been enacted into law as the regular appropriations

8 Act:

9 AN ACT

10 Making appropriations for the Treasury Department,

11 the United States Postal Service, the Executive Office of

12 the President, and certain Independent Agencies, for the

13 fiscal year ending September 30, 1997, and for other pur14 poses.

15 TITLE I—DEPARTMENT OF THE TREASURY

16 DEPARTMENTAL OFFICES

17 SALARIES AND EXPENSES

18 For necessary expenses of the Departmental Offices

19 including operation and maintenance of the Treasury

20 Building and Annex; hire of passenger motor vehicles;

21 maintenance, repairs, and improvements of, and purchase

22 of commercial insurance policies for, real properties leased

23 or owned overseas, when necessary for the performance

24 of official business; not to exceed $2,900,000 for official

25 travel expenses; not to exceed $150,000 for official recep-
383

SJ 63 PCS

1 tion and representation expenses; not to exceed $258,000

2 for unforeseen emergencies of a confidential nature, to be

3 allocated and expended under the direction of the Sec4 retary of the Treasury and to be accounted for solely on

5 his certificate; $108,760,000.

6 AUTOMATION ENHANCEMENT

7 INCLUDING TRANSFER OF FUNDS

8 For the development and acquisition of automatic

9 data processing equipment, software, and services for the

10 Department of the Treasury, $27,100,000, of which

11 $15,000,000 shall be available to the United States Cus12 toms Service for the Automated Commercial Environment

13 project, and of which $5,600,000 shall be available to the

14 United States Customs Service for the International

15 Trade Data System: Provided, That these funds shall re16 main available until September 30, 1999: Provided further,

17 That these funds shall be transferred to accounts and in

18 amounts as necessary to satisfy the requirements of the

19 Department’s offices, bureaus, and other organizations:

20 Provided further, That this transfer authority shall be in

21 addition to any other transfer authority provided in this

22 Act: Provided further, That none of the funds shall be used

23 to support or supplement Internal Revenue Service appro24 priations for Information Systems and Tax Systems Mod25 ernization: Provided further, That of the funds appro-
384

SJ 63 PCS

1 priated for the Automated Commercial Environment,

2 $3,475,000 may not be obligated until the Commissioner

3 of Customs consults with the Committees on Appropria4 tions regarding deficiencies identified by the General Ac5 counting Office.

6 OFFICE OF INSPECTOR GENERAL

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

10 General Act of 1978, as amended, not to exceed

11 $2,000,000 for official travel expenses; including hire of

12 passenger motor vehicles; and not to exceed $100,000 for

13 unforeseen emergencies of a confidential nature, to be allo14 cated and expended under the direction of the Inspector

15 General of the Treasury; $29,736,000.

16 OFFICE OF PROFESSIONAL RESPONSIBILITY

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Professional

19 Responsibility, including purchase and hire of passenger

20 motor vehicles, $1,500,000.

21 TREASURY BUILDINGS AND ANNEX REPAIR AND

22 RESTORATION

23 INCLUDING TRANSFER OF FUNDS

24 For the repair, alteration, and improvement of the

25 Treasury Building and Annex, $28,213,000, to remain
385

SJ 63 PCS

1 available until expended: Provided, That funds previously

2 made available under this title for the Secret Service

3 Headquarter’s building shall be transferred to the Secret

4 Service Acquisition, Construction, Improvement and Re5 lated Expenses appropriation.

6 FINANCIAL CRIMES ENFORCEMENT NETWORK

7 SALARIES AND EXPENSES

8 For necessary expenses of the Financial Crimes En9 forcement Network, including hire of passenger motor ve10 hicles; travel expenses of non-Federal law enforcement

11 personnel to attend meetings concerned with financial in12 telligence activities, law enforcement, and financial regula13 tion; not to exceed $14,000 for official reception and rep14 resentation expenses; and for assistance to Federal law en15 forcement agencies, with or without reimbursement;

16 $22,387,000: Provided, That notwithstanding any other

17 provision of law, the Director of the Financial Crimes En18 forcement Network may procure up to $500,000 in spe19 cialized, unique, or novel automatic data processing equip20 ment, ancillary equipment, software, services, and related

21 resources from commercial vendors without regard to oth22 erwise applicable procurement laws and regulations and

23 without full and open competition, utilizing procedures

24 best suited under the circumstances of the procurement

25 to efficiently fulfill the agency’s requirements: Provided
386

SJ 63 PCS

1 further, That funds appropriated in this account may be

2 used to procure personal services contracts.

3 DEPARTMENT OF THE TREASURY FORFEITURE FUND

4 For necessary expenses of the Treasury Forfeiture

5 Fund, as authorized by Public Law 102–393, not to ex6 ceed $10,000,000, to be derived from deposits in the fund:

7 Provided, That notwithstanding any other provision of

8 law, not to exceed $7,500,000 shall be made available for

9 the development of a Federal wireless communication sys10 tem: Provided further, That the Secretary of the Treasury

11 is authorized to receive all unavailable collections trans12 ferred from the Special Forfeiture Fund established by

13 section 6073 of the Anti-Drug Abuse Act of 1988 (21

14 U.S.C. 1509) by the Director of the Office of Drug Con15 trol Policy as a deposit into the Treasury Forfeiture Fund

16 (31 U.S.C. 9703(a)).

17 VIOLENT CRIME REDUCTION PROGRAMS

18 INCLUDING TRANSFER OF FUNDS

19 For activities authorized by Public Law 103–322, to

20 remain available until expended, which shall be derived

21 from the Violent Crime Reduction Trust Fund, as follows:

22 (a) As authorized by section 190001(e), $89,000,000,

23 of which $36,595,000 shall be available to the Bureau of

24 Alcohol, Tobacco and Firearms, of which $3,000,000 shall

25 be available for administering the Gang Resistance Edu-
387

SJ 63 PCS

1 cation and Training program, of which $3,662,000 shall

2 be available for ballistics technologies, including the pur3 chase, maintenance and upgrading of equipment and of

4 which $29,133,000 shall be available to enhance training

5 and purchase equipment and services, and of which

6 $800,000 shall be available for project LEAD; of which

7 $18,300,000 shall be available to the Secretary as author8 ized by section 732 of Public Law 104–132; of which

9 $1,000,000 shall be available to the Financial Crimes En10 forcement Network; of which $20,000,000 shall be avail11 able to the United States Secret Service, of which no less

12 than $1,400,000 shall be available for a grant for activi13 ties related to the investigations of missing and exploited

14 children; and of which $13,105,000 shall be available to

15 the Federal Drug Control Programs, High Intensity Drug

16 Trafficking Areas program: Provided That none of the

17 funds in this Act shall be available for a study of tagging

18 black or smokeless powder.

19 (b) As authorized by section 32401, $8,000,000, for

20 disbursement through grants, cooperative agreements or

21 contracts, to local governments for Gang Resistance Edu22 cation and Training: Provided, That notwithstanding sec23 tions 32401 and 310001, such funds shall be allocated

24 only to the affected State and local law enforcement and

25 prevention organizations participating in such projects.
388

SJ 63 PCS

1 TREASURY FRANCHISE FUND

2 There is hereby established in the Treasury a fran3 chise fund pilot, as authorized by section 403 of Public

4 Law 103–356, to be available as provided in such section

5 for expenses and equipment necessary for the maintenance

6 and operation of such financial and administrative support

7 services as the Secretary determines may be performed

8 more advantageously as central services: Provided, That

9 any inventories, equipment, and other assets pertaining to

10 the services to be provided by such fund, either on hand

11 or on order, less the related liabilities or unpaid obliga12 tions, and any appropriations made for the purpose of pro13 viding capital, shall be used to capitalize such fund: Pro14 vided further, That such fund shall be reimbursed or cred15 ited with the payments, including advanced payments,

16 from applicable appropriations and funds available to the

17 Department and other Federal agencies for which such ad18 ministrative and financial services are performed, at rates

19 which will recover all expenses of operation, including ac20 crued leave, depreciation of fund plant and equipment,

21 amortization of Automatic Data Processing (ADP) soft22 ware and systems, and an amount necessary to maintain

23 a reasonable operating reserve, as determined by the Sec24 retary: Provided further, That such fund shall provide

25 services on a competitive basis: Provided further, That an
389

SJ 63 PCS

1 amount not to exceed 4 percent of the total annual income

2 to such fund may be retained in the fund for fiscal year

3 1997 and each fiscal year thereafter, to remain available

4 until expended, to be used for the acquisition of capital

5 equipment and for the improvement and implementation

6 of Treasury financial management, ADP, and other sup7 port systems: Provided further, That no later than 30 days

8 after the end of each fiscal year, amounts in excess of this

9 reserve limitation shall be deposited as miscellaneous re10 ceipts in the Treasury: Provided further, That such fran11 chise fund pilot shall terminate pursuant to section 403(f)

12 of Public Law 103–356.

13 FEDERAL LAW ENFORCEMENT TRAINING CENTER

14 SALARIES AND EXPENSES

15 For necessary expenses of the Federal Law Enforce16 ment Training Center, as a bureau of the Department of

17 the Treasury, including materials and support costs of

18 Federal law enforcement basic training; purchase (not to

19 exceed 52 for police-type use, without regard to the gen20 eral purchase price limitation) and hire of passenger

21 motor vehicles; for expenses for student athletic and relat22 ed activities; uniforms without regard to the general pur23 chase price limitation for the current fiscal year; the con24 ducting of and participating in firearms matches and pres25 entation of awards; for public awareness and enhancing
390

SJ 63 PCS

1 community support of law enforcement training; not to ex2 ceed $9,500 for official reception and representation ex3 penses; room and board for student interns; and services

4 as authorized by 5 U.S.C. 3109; $54,831,000, of which

5 up to $13,034,000 for materials and support costs of Fed6 eral law enforcement basic training shall remain available

7 until September 30, 1999: Provided, That the Center is

8 authorized to accept and use gifts of property, both real

9 and personal, and to accept services, for authorized pur10 poses, including funding of a gift of intrinsic value which

11 shall be awarded annually by the Director of the Center

12 to the outstanding student who graduated from a basic

13 training program at the Center during the previous fiscal

14 year, which shall be funded only by gifts received through

15 the Center’s gift authority: Provided further, That not16 withstanding any other provision of law, students attend17 ing training at any Federal Law Enforcement Training

18 Center site shall reside in on-Center or Center-provided

19 housing, insofar as available and in accordance with Cen20 ter policy: Provided further, That funds appropriated in

21 this account shall be available, at the discretion of the Di22 rector, for: training United States Postal Service law en23 forcement personnel and Postal police officers; State and

24 local government law enforcement training on a space25 available basis; training of foreign law enforcement offi-
391

SJ 63 PCS

1 cials on a space-available basis with reimbursement of ac2 tual costs to this appropriation; training of private sector

3 security officials on a space-available basis with reimburse4 ment of actual costs to this appropriation; and travel ex5 penses of non-Federal personnel to attend course develop6 ment meetings and training at the Center: Provided fur7 ther, That the Center is authorized to obligate funds in

8 anticipation of reimbursements from agencies receiving

9 training at the Federal Law Enforcement Training Cen10 ter, except that total obligations at the end of the fiscal

11 year shall not exceed total budgetary resources available

12 at the end of the fiscal year: Provided further, That the

13 Federal Law Enforcement Training Center is authorized

14 to provide short term medical services for students under15 going training at the Center.

16 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

17 RELATED EXPENSES

18 For expansion of the Federal Law Enforcement

19 Training Center, for acquisition of necessary additional

20 real property and facilities, and for ongoing maintenance,

21 facility improvements, and related expenses, $18,884,000,

22 to remain available until expended.
392

SJ 63 PCS

1 FINANCIAL MANAGEMENT SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the Financial Management

4 Service, $196,069,000, of which not to exceed

5 $14,277,000 shall remain available until expended for sys6 tems modernization initiatives. In addition, $90,000, to be

7 derived from the Oil Spill Liability Trust Fund, to reim8 burse the Service for administrative and personnel ex9 penses for financial management of the Fund, as author10 ized by section 1012 of Public Law 101–380: Provided,

11 That none of the funds made available for systems mod12 ernization initiatives may not be obligated until the Com13 missioner of the Financial Management Service has sub14 mitted, and the Committees on Appropriations of the

15 House and Senate have approved, a report that identifies,

16 evaluates, and prioritizes all computer systems invest17 ments planned for fiscal year 1997, a milestone schedule

18 for the development and implementation of all projects in19 cluded in the systems investment plan, and a systems ar20 chitecture plan.

21 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

22 SALARIES AND EXPENSES

23 For necessary expenses of the Bureau of Alcohol, To24 bacco and Firearms, including purchase of not to exceed

25 650 vehicles for police-type use for replacement only and
393

SJ 63 PCS

1 hire of passenger motor vehicles; hire of aircraft; and serv2 ices of expert witnesses at such rates as may be deter3 mined by the Director; for payment of per diem and/or

4 subsistence allowances to employees where an assignment

5 to the National Response Team during the investigation

6 of a bombing or arson incident requires an employee to

7 work 16 hours or more per day or to remain overnight

8 at his or her post of duty; not to exceed $12,500 for offi9 cial reception and representation expenses; for training of

10 State and local law enforcement agencies with or without

11 reimbursement, including training in connection with the

12 training and acquisition of canines for explosives and fire

13 accelerants detection; provision of laboratory assistance to

14 State and local agencies, with or without reimbursement;

15 $393,971,000, of which $12,011,000, to remain available

16 until expended, shall be available for arson investigations,

17 with priority assigned to any arson, explosion or violence

18 against religious institutions; which not to exceed

19 $1,000,000 shall be available for the payment of attor20 neys’ fees as provided by 18 U.S.C. 924(d)(2); and of

21 which $1,000,000 shall be available for the equipping of

22 any vessel, vehicle, equipment, or aircraft available for of23 ficial use by a State or local law enforcement agency if

24 the conveyance will be used in drug-related joint law en25 forcement operations with the Bureau of Alcohol, Tobacco
394

SJ 63 PCS

1 and Firearms and for the payment of overtime salaries,

2 travel, fuel, training, equipment, and other similar costs

3 of State and local law enforcement officers that are in4 curred in joint operations with the Bureau of Alcohol, To5 bacco and Firearms: Provided, That no funds made avail6 able by this or any other Act may be used to transfer the

7 functions, missions, or activities of the Bureau of Alcohol,

8 Tobacco and Firearms to other agencies or Departments

9 in the fiscal year ending on September 30, 1997: Provided

10 further, That no funds appropriated herein shall be avail11 able for salaries or administrative expenses in connection

12 with consolidating or centralizing, within the Department

13 of the Treasury, the records, or any portion thereof, of

14 acquisition and disposition of firearms maintained by Fed15 eral firearms licensees: Provided further, That no funds

16 appropriated herein shall be used to pay administrative

17 expenses or the compensation of any officer or employee

18 of the United States to implement an amendment or

19 amendments to 27 CFR 178.118 or to change the defini20 tion of ‘‘Curios or relics’’ in 27 CFR 178.11 or remove

21 any item from ATF Publication 5300.11 as it existed on

22 January 1, 1994: Provided further, That none of the funds

23 appropriated herein shall be available to investigate or act

24 upon applications for relief from Federal firearms disabil25 ities under 18 U.S.C. 925(c): Provided further, That such
395

SJ 63 PCS

1 funds shall be available to investigate and act upon appli2 cations filed by corporations for relief from Federal fire3 arms disabilities under 18 U.S.C. 925(c): Provided further,

4 That no funds in this Act may be used to provide ballistics

5 imaging equipment to any State or local authority who

6 has obtained similar equipment through a Federal grant

7 or subsidy unless the State or local authority agrees to

8 return that equipment or to repay that grant or subsidy

9 to the Federal Government: Provided further, That no

10 funds available for separation incentive payments as au11 thorized by section 525 of this Act may be obligated with12 out the advance approval of the House and Senate Com13 mittees on Appropriations: Provided further, That no

14 funds under this Act may be used to electronically retrieve

15 information gathered pursuant to 18 U.S.C. 923(g)(4) by

16 name or any personal identification code.

17 LABORATORY FACILITIES

18 For necessary expenses for design of a new facility

19 or facilities, to house the Bureau of Alcohol, Tobacco and

20 Firearms National Laboratory Center and the Fire Inves21 tigation Research and Development Center, not to exceed

22 185,000 occupiable square feet, $6,978,000, to remain

23 available until expended: Provided, That these funds shall

24 not be available until a prospectus of authorization for the

25 Laboratory Facilities is approved by the House Committee
396

SJ 63 PCS

1 on Transportation and Infrastructure and the Senate

2 Committee on Environment and Public Works.

3 UNITED STATES CUSTOMS SERVICE

4 SALARIES AND EXPENSES

5 INCLUDING TRANSFER OF FUNDS

6 For necessary expenses of the United States Customs

7 Service, including purchase of up to 1,000 motor vehicles

8 of which 960 are for replacement only, including 990 for

9 police-type use and commercial operations; hire of motor

10 vehicles; contracting with individuals for personal services

11 abroad; not to exceed $30,000 for official reception and

12 representation expenses; and awards of compensation to

13 informers, as authorized by any Act enforced by the

14 United States Customs Service; $1,487,250,000; of which

15 $65,000,000 shall be available until expended for Oper16 ation Hardline; of which $28,000,000 shall remain avail17 able until expended for acquisition of aircraft and related

18 operations and maintenance associated with Operation

19 Gateway; and of which such sums as become available in

20 the Customs User Fee Account, except sums subject to

21 section 13031(f)(3) of the Consolidated Omnibus Rec22 onciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),

23 shall be derived from that Account; of the total, not to

24 exceed $150,000 shall be available for payment for rental

25 space in connection with preclearance operations, and not

26 to exceed $4,000,000 shall be available until expended for
397

SJ 63 PCS

1 research and not to exceed $1,000,000 shall be available

2 until expended for conducting special operations pursuant

3 to 19 U.S.C. 2081 and up to $6,000,000 shall be available

4 until expended for the procurement of automation infra5 structure items, including hardware, software, and instal6 lation: Provided, That uniforms may be purchased without

7 regard to the general purchase price limitation for the cur8 rent fiscal year: Provided further, That the United States

9 Custom Service shall implement the General Aviation Tel10 ephonic Entry program within 30 days of enactment of

11 this Act: Provided further, That no funds available for sep12 aration incentive payments as authorized by section 525

13 of this Act may be obligated without the advance approval

14 of the House and Senate Committees on Appropriations:

15 Provided further, That the Spirit of St. Louis Airport in

16 St. Louis County, Missouri, shall be designated a port of

17 entry: Provided further, That no funds under this Act may

18 be used to provide less than 30 days public notice for any

19 change in apparel regulations: Provided further, That

20 $750,000 shall be available for additional part-time and

21 temporary positions in the Honolulu Customs District:

22 Provided further, That of the funds appropriated

23 $2,500,000 may be made available for the Western Hemi24 sphere Trade Center authorized by Public Law 103–182.
398

SJ 63 PCS

1 OPERATION AND MAINTENANCE, AIR AND MARINE

2 INTERDICTION PROGRAMS

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance of marine vessels, air5 craft, and other related equipment of the Air and Marine

6 Programs, including operational training and mission-re7 lated travel, and rental payments for facilities occupied by

8 the air or marine interdiction and demand reduction pro9 grams, the operations of which include: the interdiction

10 of narcotics and other goods; the provision of support to

11 Customs and other Federal, State, and local agencies in

12 the enforcement or administration of laws enforced by the

13 Customs Service; and, at the discretion of the Commis14 sioner of Customs, the provision of assistance to Federal,

15 State, and local agencies in other law enforcement and

16 emergency humanitarian efforts; $83,363,000, which shall

17 remain available until expended: Provided, That no air18 craft or other related equipment, with the exception of air19 craft which is one of a kind and has been identified as

20 excess to Customs requirements and aircraft which has

21 been damaged beyond repair, shall be transferred to any

22 other Federal agency, Department, or office outside of the

23 Department of the Treasury, during fiscal year 1997 with24 out the prior approval of the House and Senate Commit25 tees on Appropriations.
399

SJ 63 PCS

1 CUSTOMS SERVICES AT SMALL AIRPORTS

2 (TO BE DERIVED FROM FEES COLLECTED)

3 Such sums as may be necessary for expenses for the

4 provision of Customs services at certain small airports or

5 other facilities when authorized by law and designated by

6 the Secretary of the Treasury, including expenditures for

7 the salary and expenses of individuals employed to provide

8 such services, to be derived from fees collected by the Sec9 retary pursuant to section 236 of Public Law 98–573 for

10 each of these airports or other facilities when authorized

11 by law and designated by the Secretary, and to remain

12 available until expended.

13 HARBOR MAINTENANCE FEE COLLECTION

14 For administrative expenses related to the collection

15 of the Harbor Maintenance Fee, pursuant to Public Law

16 103–182, $3,000,000, to be derived from the Harbor

17 Maintenance Trust Fund and to be transferred to and

18 merged with the Customs ‘‘Salaries and Expenses’’ ac19 count for such purposes.

20 BUREAU OF THE PUBLIC DEBT

21 ADMINISTERING THE PUBLIC DEBT

22 For necessary expenses connected with any public23 debt issues of the United States; $169,735,000: Provided,

24 That the sum appropriated herein from the General Fund

25 for fiscal year 1997 shall be reduced by not more than
400

SJ 63 PCS

1 $4,400,000 as definitive security issue fees and Treasury

2 Direct Investor Account Maintenance fees are collected,

3 so as to result in a final fiscal year 1997 appropriation

4 from the General Fund estimated at $165,335,000.

5 INTERNAL REVENUE SERVICE

6 PROCESSING, ASSISTANCE, AND MANAGEMENT

7 For necessary expenses of the Internal Revenue Serv8 ice, not otherwise provided for; including processing tax

9 returns; revenue accounting; providing assistance to tax10 payers, management services, and inspection; including

11 purchase (not to exceed 150 for replacement only for po12 lice-type use) and hire of passenger motor vehicles (31

13 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.

14 3109, at such rates as may be determined by the Commis15 sioner; $1,779,840,000, of which up to $3,700,000 shall

16 be for the Tax Counseling for the Elderly Program, and

17 of which not to exceed $25,000 shall be for official recep18 tion and representation expenses.

19 TAX LAW ENFORCEMENT

20 For necessary expenses of the Internal Revenue Serv21 ice for determining and establishing tax liabilities; tax and

22 enforcement litigation; technical rulings; examining em23 ployee plans and exempt organizations; investigation and

24 enforcement activities; securing unfiled tax returns; col25 lecting unpaid accounts; statistics of income and compli-
401

SJ 63 PCS

1 ance research; the purchase (for police-type use, not to

2 exceed 850), and hire of passenger motor vehicles (31

3 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.

4 3109, at such rates as may be determined by the Commis5 sioner $4,078,211,000, of which not to exceed $1,000,000

6 shall remain available until September 30, 1999, for re7 search.

8 INFORMATION SYSTEMS

9 For necessary expenses for data processing and tele10 communications support for Internal Revenue Service ac11 tivities, including tax systems modernization and oper12 ational information systems; the hire of passenger motor

13 vehicles (31 U.S.C. 1343(b)); and services as authorized

14 by 5 U.S.C. 3109, at such rates as may be determined

15 by the Commissioner, $1,323,075,000, of which no less

16 than $130,075,000 shall be available for Tax Systems

17 Modernization (TSM) development and deployment which

18 shall be available until September 30, 1999, and of which

19 no less than $206,200,000 shall be available for TSM

20 Operational Systems: Provided, That $70,979,000 of the

21 funds made available for TSM development and deploy22 ment shall not be available until the Internal Revenue

23 Service has in place a complete and approved systems ar24 chitecture for TSM: Provided further, That none of the

25 funds made available for TSM Operational Systems shall

26 be available after June 30, 1997, unless the Department
402

SJ 63 PCS

1 of the Treasury has prepared for release a Final Request

2 for Proposal which would be used as a base for a solicita3 tion of a contract with an alternative or new Prime Con4 tractor to manage, integrate, test and implement the TSM

5 program: Provided further, That all activities associated

6 with the development of a request for proposal, contract

7 solicitation, and contract award for private sector assist8 ance on TSM (both operational systems and development

9 and deployment systems), beyond private sector assistance

10 which is currently under contract, shall be conducted by

11 the Department of the Treasury’s Modernization Manage12 ment Board: Provided further, That the Internal Revenue

13 Service shall submit, by February 1, 1997, a timetable for

14 implementing, by October 1, 1997, all recommendations

15 made by the General Accounting Office in its July 1995

16 report, entitled: ‘‘Tax Systems Modernization: Manage17 ment and Technical Weaknesses Must Be Corrected If

18 Modernization Is To Succeed’’: Provided further, That the

19 Internal Revenue Service shall submit, by December 1,

20 1996, a schedule to transfer, not later than June 30,

21 1997, a majority of Tax Systems Modernization develop22 ment, deployment, management, integration, and testing,

23 from the Internal Revenue Service to the private sector.
403

SJ 63 PCS

1 INFORMATION SYSTEMS

2 (RESCISSION)

3 Of the funds made available under this heading for

4 Information Systems in Public Law 104–52,

5 $115,000,000 are rescinded, in Public Law 103–123,

6 $17,447,000 are rescinded, in Public Law 102–393,

7 $15,000,000 are rescinded, and in Public Law 102–141,

8 $27,000,000 are rescinded.

9 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

10 SERVICE

11 SECTION 101. Not to exceed 5 percent of any appro12 priation made available in this Act to the Internal Revenue

13 Service may be transferred to any other Internal Revenue

14 Service appropriation upon the advance approval of the

15 House and Senate Committees on Appropriations.

16 SEC. 102. The Internal Revenue Service shall main17 tain a training program to insure that Internal Revenue

18 Service employees are trained in taxpayers’ rights, in deal19 ing courteously with the taxpayers, and in cross-cultural

20 relations.

21 SEC. 103. The funds provided in this Act for the In22 ternal Revenue Service shall be used to provide as a mini23 mum, the fiscal year 1995 level of service, staffing, and

24 funding for Taxpayer Services.

25 SEC. 104. No funds available in this Act to the Inter26 nal Revenue Service for separation incentive payments as
404

SJ 63 PCS

1 authorized by section 525 of this Act may be obligated

2 without the advance approval of the House and Senate

3 Committees on Appropriations.

4 SEC. 105. The Internal Revenue Service is prohibited

5 from expending funds for the field office reorganization

6 plan until the National Commission on Restructuring the

7 Internal Revenue Service has had an opportunity to issue

8 their final report.

9 SEC. 106. Funds made available by this or any other

10 Act to the Internal Revenue Service shall be available for

11 improved facilities and increased manpower to provide suf12 ficient and effective 1–800 help line for taxpayers. The

13 Commissioner shall make the improvement of the IRS 1–

14 800 help line service a priority and allocate resources nec15 essary to increase phone lines and staff to improve the

16 IRS 1–800 help line service.

17 SEC. 107. No funds made available by this Act, or

18 any other Act, to the Internal Revenue Service may be

19 used to pay for the design and printing of more than two

20 ink colors on the covers of income tax packages, and such

21 ink colors must be the same colors as used to print the

22 balance of the material in each package.
405

SJ 63 PCS

1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret

4 Service, including purchase (not to exceed 702 vehicles for

5 police-type use, of which 665 shall be for replacement

6 only), and hire of passenger motor vehicles; hire of air7 craft; training and assistance requested by State and local

8 governments, which may be provided without reimburse9 ment; services of expert witnesses at such rates as may

10 be determined by the Director; rental of buildings in the

11 District of Columbia, and fencing, lighting, guard booths,

12 and other facilities on private or other property not in

13 Government ownership or control, as may be necessary to

14 perform protective functions; for payment of per diem and/

15 or subsistence allowances to employees where a protective

16 assignment during the actual day or days of the visit of

17 a protectee require an employee to work 16 hours per day

18 or to remain overnight at his or her post of duty; the con19 ducting of and participating in firearms matches; presen20 tation of awards; and for travel of Secret Service employ21 ees on protective missions without regard to the limita22 tions on such expenditures in this or any other Act: Pro23 vided, That approval is obtained in advance from the

24 House and Senate Committees on Appropriations; for re25 pairs, alterations, and minor construction at the James
406

SJ 63 PCS

1 J. Rowley Secret Service Training Center; for research

2 and development; for making grants to conduct behavioral

3 research in support of protective research and operations;

4 not to exceed $20,000 for official reception and represen5 tation expenses; not to exceed $50,000 to provide technical

6 assistance and equipment to foreign law enforcement orga7 nizations in counterfeit investigations; for payment in ad8 vance for commercial accommodations as may be nec9 essary to perform protective functions; and for uniforms

10 without regard to the general purchase price limitation for

11 the current fiscal year: Provided further, That 3 U.S.C.

12 203(a) is amended by deleting ‘‘but not exceeding twelve

13 hundred in number’’; $528,262,000, of which $1,200,000

14 shall be available as a grant for activities related to the

15 investigations of missing and exploited children and shall

16 remain available until expended.

17 SALARIES AND EXPENSES

18 (RESCISSION)

19 Of the funds made available under this heading in

20 Public Law 104–52, $7,600,000 are rescinded.

21 ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND

22 RELATED EXPENSES

23 (INCLUDING TRANFER OF FUNDS)

24 For necessary expenses of construction, repair, alter25 ation, and improvement of facilities, $37,365,000, of

26 which $8,200,000 shall be available for the Rowley Secret
407

SJ 63 PCS

1 Service Training Center, to remain available until ex2 pended: Provided, That funds previously provided under

3 the title, ‘‘Treasury Buildings and Annex Repair and Res4 toration,’’ for the Secret Service’s Headquarters Building,

5 shall be transferred to this account: Provided further, That

6 funds for the Rowley Secret Service Training Center shall

7 not be available until a prospectus authorizing such facili8 ties is approved in accordance with the Public Buildings

9 Act of 1959, as amended, except that funds may be ex10 pended for required expenses in connection with the devel11 opment of a proposed prospectus.

12 GENERAL PROVISIONS—DEPARTMENT OF THE

13 TREASURY

14 SECTION 111. Any obligation or expenditure by the

15 Secretary in connection with law enforcement activities of

16 a Federal agency or a Department of the Treasury law

17 enforcement organization in accordance with 31 U.S.C.

18 9703(g)(4)(B) from unobligated balances remaining in the

19 Fund on September 30, 1997, shall be made in compliance

20 with the reprogramming guidelines contained in the House

21 and Senate reports accompanying this Act.

22 SEC. 112. Appropriations to the Treasury Depart23 ment in this Act shall be available for uniforms or allow24 ances therefor, as authorized by law (5 U.S.C. 5901), in25 cluding maintenance, repairs, and cleaning; purchase of
408

SJ 63 PCS

1 insurance for official motor vehicles operated in foreign

2 countries; purchase of motor vehicles without regard to the

3 general purchase price limitations for vehicles purchased

4 and used overseas for the current fiscal year; entering into

5 contracts with the Department of State for the furnishing

6 of health and medical services to employees and their de7 pendents serving in foreign countries; and services author8 ized by 5 U.S.C. 3109.

9 SEC. 113. None of the funds appropriated by this

10 title shall be used in connection with the collection of any

11 underpayment of any tax imposed by the Internal Revenue

12 Code of 1986 unless the conduct of officers and employees

13 of the Internal Revenue Service in connection with such

14 collection, including any private sector employees under

15 contract to the Internal Revenue Service, complies with

16 subsection (a) of section 805 (relating to communications

17 in connection with debt collection), and section 806 (relat18 ing to harassment or abuse), of the Fair Debt Collection

19 Practices Act (15 U.S.C. 1692).

20 SEC. 114. The Internal Revenue Service shall insti21 tute policies and procedures which will safeguard the con22 fidentiality of taxpayer information.

23 SEC. 115. The funds provided to the Bureau of Alco24 hol, Tobacco, and Firearms for fiscal year 1997 in this

25 Act for the enforcement of the Federal Alcohol Adminis-
409

SJ 63 PCS

1 tration Act shall be expended in a manner so as not to

2 diminish enforcement efforts with respect to section 105

3 of the Federal Alcohol Administration Act.

4 SEC. 116. Paragraph (3)(C) of section 9703(g) of

5 title 31, United States Code, is amended—

6 (1) by striking in the third sentence ‘‘and at

7 the end of each fiscal year thereafter’’;

8 (2) by inserting in lieu thereof ‘‘1994, 1995,

9 and 1996’’; and

10 (3) by adding at the end the following new sen11 tence: ‘‘At the end of fiscal year 1997, and at the

12 end of each fiscal year thereafter, the Secretary shall

13 reserve any amounts that are required to be retained

14 in the Fund to ensure the availability of amounts in

15 the subsequent fiscal year for purposes authorized

16 under subsection (a).’’

17 SEC. 117. Of the funds available to the Internal Reve18 nue Service, $13,000,000 shall be made available to con19 tinue the private sector debt collection program which was

20 initiated in fiscal year 1996 and $13,000,000 shall be

21 transferred to the Departmental Offices appropriation to

22 initiate a new private sector debt collection program: Pro23 vided, That the transfer provided herein shall be in addi24 tion to any other transfer authority contained in this Act.
410

SJ 63 PCS

1 SEC. 118. Section 923(j) of title 18, United States

2 Code, is amended by striking the period after the last sen3 tence, and inserting the following: ‘‘, including the right

4 of a licensee to conduct ‘curios or relics’ firearms transfers

5 and business away from their business premises with an6 other licensee without regard as to whether the location

7 of where the business is conducted is located in the State

8 specified on the license of either licensee.’’.

9 This title may be cited as the ‘‘Treasury Department

10 Appropriations Act, 1997’’.

11 TITLE II—POSTAL SERVICE

12 PAYMENTS TO THE POSTAL SERVICE

13 PAYMENT TO THE POSTAL SERVICE FUND

14 For payment to the Postal Service Fund for revenue

15 forgone on free and reduced rate mail, pursuant to sub16 sections (c) and (d) of section 2401 of title 39, United

17 States Code, $85,080,000: Provided, That mail for over18 seas voting and mail for the blind shall continue to be free:

19 Provided further, That 6-day delivery and rural delivery

20 of mail shall continue at not less than the 1983 level: Pro21 vided further, That none of the funds made available to

22 the Postal Service by this Act shall be used to implement

23 any rule, regulation, or policy of charging any officer or

24 employee of any State or local child support enforcement

25 agency, or any individual participating in a State or local
411

SJ 63 PCS

1 program of child support enforcement, a fee for informa2 tion requested or provided concerning an address of a

3 postal customer: Provided further, That none of the funds

4 provided in this Act shall be used to consolidate or close

5 small rural and other small post offices in the fiscal year

6 ending on September 30, 1997.

7 PAYMENT TO THE POSTAL SERVICE FUND FOR

8 NONFUNDED LIABILITIES

9 For payment to the Postal Service Fund for meeting

10 the liabilities of the former Post Office Department to the

11 Employees’ Compensation Fund pursuant to 39 United

12 States Code 2004, $35,536,000.

13 TITLE III—EXECUTIVE OFFICE OF THE

14 PRESIDENT AND FUNDS APPROPRIATED TO

15 THE PRESIDENT

16 COMPENSATION OF THE PRESIDENT AND

17 THE WHITE HOUSE OFFICE

18 COMPENSATION OF THE PRESIDENT

19 For compensation of the President, including an ex20 pense allowance at the rate of $50,000 per annum as au21 thorized by 3 U.S.C. 102, $250,000: Provided, That none

22 of the funds made available for official expenses shall be

23 expended for any other purpose and any unused amount

24 shall revert to the Treasury pursuant to section 1552 of

25 title 31, United States Code: Provided further, That none
412

SJ 63 PCS

1 of the funds made available for official expenses shall be

2 considered as taxable to the President.

3 SALARIES AND EXPENSES

4 For necessary expenses for the White House as au5 thorized by law, including not to exceed $3,850,000 for

6 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105;

7 including subsistence expenses as authorized by 3 U.S.C.

8 105, which shall be expended and accounted for as pro9 vided in that section; hire of passenger motor vehicles,

10 newspapers, periodicals, teletype news service, and travel

11 (not to exceed $100,000 to be expended and accounted

12 for as provided by 3 U.S.C. 103); not to exceed $19,000

13 for official entertainment expenses, to be available for allo14 cation within the Executive Office of the President;

15 $40,193,000: Provided, That $420,000 of the funds ap16 propriated may not be obligated until the Director of the

17 Office of Administration has submitted, and the Commit18 tees on Appropriations of the House and Senate have ap19 proved, a report that identifies, evaluates, and prioritizes

20 all computer systems investments planned for fiscal year

21 1997, a milestone schedule for the development and imple22 mentation of all projects included in the systems invest23 ment plan, and a systems architecture plan.
413

SJ 63 PCS

1 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

2 OPERATING EXPENSES

3 For the care, maintenance, repair and alteration, re4 furnishing, improvement, heating and lighting, including

5 electric power and fixtures, of the Executive Residence at

6 the White House and official entertainment expenses of

7 the President, $7,827,000, to be expended and accounted

8 for as provided by 3 U.S.C. 105, 109–110, 112–114.

9 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

10 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

11 SALARIES AND EXPENSES

12 For necessary expenses to enable the Vice President

13 to provide assistance to the President in connection with

14 specially assigned functions, services as authorized by 5

15 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex16 penses as authorized by 3 U.S.C. 106, which shall be ex17 pended and accounted for as provided in that section; and

18 hire of passenger motor vehicles; $3,280,000: Provided,

19 That $150,000 of the funds appropriated may not be obli20 gated until the Director of the Office of Administration

21 has submitted, and the Committees on Appropriations of

22 the House and Senate have approved, a report that identi23 fies, evaluates, and prioritizes all computer systems invest24 ments planned for fiscal year 1997, a milestone schedule

25 for the development and implementation of all projects in-
414

SJ 63 PCS

1 cluded in the systems investment plan, and a systems ar2 chitecture plan.

3 OPERATING EXPENSES

4 For the care, operation, refurnishing, improvement,

5 heating and lighting, including electric power and fixtures,

6 of the official residence of the Vice President, the hire of

7 passenger motor vehicles, and not to exceed $90,000 for

8 official entertainment expenses of the Vice President, to

9 be accounted for solely on his certificate; $324,000: Pro10 vided, That advances or repayments or transfers from this

11 appropriation may be made to any department or agency

12 for expenses of carrying out such activities: Provided fur13 ther, That $8,000 of the funds appropriated may not be

14 obligated until the Director of the Office of Administration

15 has submitted for approval to the Committees on Appro16 priations of the House and Senate a report that identifies,

17 evaluates, and prioritizes all computer systems invest18 ments planned for fiscal year 1997, a milestone schedule

19 for the development and implementation of all projects in20 cluded in the systems investment plan, and a systems ar21 chitecture plan.
415

SJ 63 PCS

1 COUNCIL OF ECONOMIC ADVISERS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Council in carrying out

4 its functions under the Employment Act of 1946 (15

5 U.S.C. 1021), $3,439,000.

6 OFFICE OF POLICY DEVELOPMENT

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Policy Devel9 opment, including services as authorized by 5 U.S.C.

10 3109, and 3 U.S.C. 107; $3,867,000: Provided, That

11 $45,000 of the funds appropriated may not be obligated

12 until the Director of the Office of Administration has sub13 mitted, and the Committees on Appropriations of the

14 House and Senate have approved, a report that identifies,

15 evaluates, and prioritizes all computer systems invest16 ments planned for fiscal year 1997, a milestone schedule

17 for the development and implementation of all projects in18 cluded in the systems investment plan, and a systems ar19 chitecture plan.

20 NATIONAL SECURITY COUNCIL

21 SALARIES AND EXPENSES

22 For necessary expenses of the National Security

23 Council, including services as authorized by 5 U.S.C.

24 3109, $6,648,000: Provided, That $3,000 of the funds ap25 propriated may not be obligated until the Director of the
416

SJ 63 PCS

1 Office of Administration has submitted, and the Commit2 tees on Appropriations of the House and Senate have ap3 proved, a report that identifies, evaluates, and prioritizes

4 all computer systems investments planned for fiscal year

5 1997, a milestone schedule for the development and imple6 mentation of all projects included in the systems invest7 ment plan, and a systems architecture plan.

8 OFFICE OF ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of Administra11 tion, $26,100,000, including services as authorized by 5

12 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger

13 motor vehicles: Provided, That $340,700 of the funds ap14 propriated may not be obligated until the Director of the

15 Office of Administration has submitted, and the Commit16 tees on Appropriations of the House and Senate have ap17 proved, a report that identifies, evaluates, and prioritizes

18 all computer systems investments planned for fiscal year

19 1997, a milestone schedule for the development and imple20 mentation of all projects included in the systems invest21 ment plan, and a systems architecture plan.

22 OFFICE OF MANAGEMENT AND BUDGET

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Management

25 and Budget, including hire of passenger motor vehicles,
417

SJ 63 PCS

1 services as authorized by 5 U.S.C. 3109, $55,573,000, of

2 which not to exceed $5,000,000 shall be available to carry

3 out the provisions of 44 U.S.C. chapter 35: Provided,

4 That, as provided in 31 U.S.C. 1301(a), appropriations

5 shall be applied only to the objects for which appropria6 tions were made except as otherwise provided by law: Pro7 vided further, That none of the funds appropriated in this

8 Act for the Office of Management and Budget may be

9 used for the purpose of reviewing any agricultural market10 ing orders or any activities or regulations under the provi11 sions of the Agricultural Marketing Agreement Act of

12 1937 (7 U.S.C. 601 et seq.): Provided further, That none

13 of the funds made available for the Office of Management

14 and Budget by this Act may be expended for the altering

15 of the transcript of actual testimony of witnesses, except

16 for testimony of officials of the Office of Management and

17 Budget, before the House and Senate Committees on Ap18 propriations or the House and Senate Committees on Vet19 erans’ Affairs or their subcommittees: Provided further,

20 That this proviso shall not apply to printed hearings re21 leased by the House and Senate Committees on Appro22 priations or the House and Senate Committees on Veter23 ans’ Affairs.
418

SJ 63 PCS

1 OFFICE OF NATIONAL DRUG CONTROL POLICY

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Office of National

5 Drug Control Policy; for research activities pursuant to

6 title I of Public Law 100–690; not to exceed $8,000 for

7 official reception and representation expenses; and for par8 ticipation in joint projects or in the provision of services

9 on matters of mutual interest with nonprofit, research, or

10 public organizations or agencies, with or without reim11 bursement; $35,838,000, of which $19,000,000 shall re12 main available until expended, consisting of $1,000,000

13 for policy research and evaluation and $18,000,000 for the

14 Counter-Drug Technology Assessment Center for

15 counternarcotics research and development projects of

16 which $1,000,000 shall be obligated for state conferences

17 on model state drug laws: Provided, That the $17,000,000

18 for the Counter-Drug Technology Assessment Center shall

19 be available for transfer to other Federal departments or

20 agencies: Provided further, That the Office is authorized

21 to accept, hold, administer, and utilize gifts, both real and

22 personal, for the purpose of aiding or facilitating the work

23 of the Office: Provided further, That not before January

24 31, 1997, the Director of the Office of National Drug Con25 trol Policy shall transfer all balances in the Special For-
419

SJ 63 PCS

1 feiture Fund established by section 6073 of the Anti-Drug

2 Abuse Act of 1988 (21 U.S.C. § 1509) to the Treasury

3 Forfeiture Fund (31 U.S.C. 9703(a)).

4 FEDERAL DRUG CONTROL PROGRAMS

5 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of the Office of National

8 Drug Control Policy’s High Intensity Drug Trafficking

9 Areas Program, $127,102,000 for drug control activities

10 consistent with the approved strategy for each of the des11 ignated High Intensity Drug Trafficking Areas, of which

12 $3,000,000 shall be used for a newly designated High In13 tensity Drug Trafficking Area in Lake County, Indiana;

14 of which $6,000,000 shall be used for a newly designated

15 High Intensity Drug Trafficking Area for the Gulf Coast

16 States of Louisiana, Alabama, and Mississippi; of which

17 $8,000,000 shall be used for a newly designated High In18 tensity Drug Trafficking Area dedicated to combating

19 methamphetamine use, production and trafficking in a five

20 State area including Iowa, Missouri, Nebraska, South Da21 kota, and Kansas; of which $3,000,000 shall be used for

22 a newly designated High Intensity Drug Trafficking Area

23 in the State of Colorado; of which $3,000,000 shall be

24 used for a newly designated High Intensity Drug Traffick25 ing Area in the Pacific Northwest; of the total amount

26 appropriated, including transferred funds, no less than
420

SJ 63 PCS

1 $71,000,000 shall be transferred to State and local enti2 ties for drug control activities, and up to $69,207,000 may

3 be transferred to Federal agencies and departments at a

4 rate to be determined by the Director: Provided, That the

5 funds made available under this head shall be obligated

6 within 90 days of the date of enactment of this Act.

7 This title may be cited as the ‘‘Executive Office Ap8 propriations Act, 1997’’.

9 TITLE IV—INDEPENDENT AGENCIES

10 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

11 BLIND OR SEVERELY DISABLED

12 SALARIES AND EXPENSES

13 For necessary expenses of the Committee for Pur14 chase From People Who Are Blind or Severely Disabled

15 established by the Act of June 23, 1971, Public Law 92–

16 28; $1,800,000.

17 FEDERAL ELECTION COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses to carry out the provisions

20 of the Federal Election Campaign Act of 1971, as amend21 ed, $28,165,000, of which no less than $2,500,000 shall

22 be available for internal automated data processing sys23 tems, and of which not to exceed $5,000 shall be available

24 for reception and representation expenses.
421

SJ 63 PCS

1 FEDERAL LABOR RELATIONS AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the

4 Federal Labor Relations Authority, pursuant to Reorga5 nization Plan Numbered 2 of 1978, and the Civil Service

6 Reform Act of 1978, including services as authorized by

7 5 U.S.C. 3109, including hire of experts and consultants,

8 hire of passenger motor vehicles, rental of conference

9 rooms in the District of Columbia and elsewhere;

10 $21,588,000: Provided, That public members of the Fed11 eral Service Impasses Panel may be paid travel expenses

12 and per diem in lieu of subsistence as authorized by law

13 (5 U.S.C. 5703) for persons employed intermittently in

14 the Government service, and compensation as authorized

15 by 5 U.S.C. 3109: Provided further, That notwithstanding

16 31 U.S.C. 3302, funds received from fees charged to non17 Federal participants at labor-management relations con18 ferences shall be credited to and merged with this account,

19 to be available without further appropriation for the costs

20 of carrying out these conferences.

21 GENERAL SERVICES ADMINISTRATION

22 FEDERAL BUILDINGS FUND

23 LIMITATIONS ON AVAILABILITY OF REVENUE

24 (INCLUDING TRANSFER OF FUNDS)

25 For additional expenses necessary to carry out the

26 purpose of the Fund established pursuant to section
422

SJ 63 PCS

1 210(f) of the Federal Property and Administrative Serv2 ices Act of 1949, as amended (40 U.S.C. 490(f)),

3 $400,544,000, to be deposited into said Fund. The reve4 nues and collections deposited into the Fund shall be avail5 able for necessary expenses of real property management

6 and related activities not otherwise provided for, including

7 operation, maintenance, and protection of federally owned

8 and leased buildings; rental of buildings in the District

9 of Columbia; restoration of leased premises; moving gov10 ernmental agencies (including space adjustments and tele11 communications relocation expenses) in connection with

12 the assignment, allocation and transfer of space; contrac13 tual services incident to cleaning or servicing buildings,

14 and moving; repair and alteration of federally owned build15 ings including grounds, approaches and appurtenances;

16 care and safeguarding of sites; maintenance, preservation,

17 demolition, and equipment; acquisition of buildings and

18 sites by purchase, condemnation, or as otherwise author19 ized by law; acquisition of options to purchase buildings

20 and sites; conversion and extension of federally owned

21 buildings; preliminary planning and design of projects by

22 contract or otherwise; construction of new buildings (in23 cluding equipment for such buildings); and payment of

24 principal, interest, taxes, and any other obligations for

25 public buildings acquired by installment purchase and pur-
423

SJ 63 PCS

1 chase contract, in the aggregate amount of

2 $5,555,544,000 of which (1) not to exceed $657,711,000

3 shall remain available until expended for construction of

4 additional projects and at maximum construction improve5 ment costs (including funds for sites and expenses and as6 sociated design and construction services) as follows:

7 New Construction:

8 California:

9 Fresno, Federal Building and U.S. Courthouse,

10 $6,595,000

11 Colorado:

12 Denver, Rogers Federal Building-U.S. Court13 house, $9,545,000

14 District of Columbia:

15 U.S. Courthouse Annex, $5,703,000

16 Florida:

17 Miami, U.S. Courthouse, $24,990,000

18 Orlando, U.S. Courthouse, $9,514,000

19 Kentucky:

20 Covington, U.S. Courthouse, $17,134,000

21 London, U.S. Courthouse, $13,732,000

22 Montana:

23 Babb, Piegan Border Station, $333,000

24 Sweetgrass, Border Station, $1,059,000

25 Nevada:
424

SJ 63 PCS

1 Las Vegas, U.S. Courthouse, $83,719,000

2 New York:

3 Brooklyn, U.S. Courthouse, $169,000,000

4 Ohio:

5 Cleveland, U.S. Courthouse, $128,559,000

6 Youngstown, U.S. Courthouse, $15,813,000

7 Oregon:

8 Portland, Consolidated Law Federal Office

9 Building, $4,750,000

10 Pennsylvania:

11 Erie, U.S. Courthouse Annex, $3,300,000

12 Philadelphia, DVA-Federal Complex, Phase II,

13 $13,765,000

14 South Carolina:

15 Columbia, U.S. Courthouse Annex, $43,848,000

16 Texas:

17 Corpus Christi, U.S. Courthouse, $24,161,000

18 Utah:

19 Salt Lake City, Moss U.S. Courthouse Annex

20 and Alteration, $11,474,000

21 Washington:

22 Blaine, U.S. Border Station, $13,978,000

23 Oroville, U.S. Border Station, $1,452,000

24 Seattle, U.S. Courthouse, $16,853,000
425

SJ 63 PCS

1 Sumas, U.S. Border Station (Claim),

2 $1,177,000

3 Nationwide:

4 Non-prospectus construction projects,

5 $10,000,000

6 Security Enhancements, $27,256,000:

7 Provided, That each of the immediately foregoing limits

8 of costs on new construction projects may be exceeded to

9 the extent that savings are affected in other such projects,

10 but not to exceed 10 percent unless advance approval is

11 obtained from the House and Senate Committees on Ap12 propriations of a greater amount: Provided further, That

13 the cost of future U.S. Courthouse annex projects shall

14 reflect savings through improving design efficiencies, cur15 tailing planned interior finishes, requiring more efficient

16 use of courtroom and library space, and by otherwise lim17 iting space requirements: Providing further, That from

18 funds available in the Federal Buildings Fund,

19 $20,000,000 shall be available until expended for environ20 mental clean up activities at the Southeast Federal Center

21 in the District of Columbia and $81,000,000 shall be

22 available until expended for design and construction activi23 ties at the Consolidated Law Federal Office Building in

24 Portland, Oregon: Provided further, That from funds

25 available for nonprospectus construction projects,
426

SJ 63 PCS

1 $250,000 may be available until expended for the acquisi2 tion, lease, construction, and equipping of flexiplace work

3 telecommuting centers in West Virginia: Provided further,

4 That all funds for direct construction projects shall expire

5 on September 30, 1999: (2) not to exceed $639,000,000

6 shall remain available until expended, for repairs and al7 terations which includes associated design and construc8 tion services: Provided further, That funds in the Federal

9 Buildings Fund for Repairs and Alterations shall, for pro10 spectus projects, be limited to the amount by project as

11 follows, except each project may be increased by an

12 amount not to exceed 10 per centum unless advance ap13 proval is obtained from the Committees on Appropriations

14 of the House and Senate of a greater amount:

15 Repairs and Alterations:

16 District of Columbia:

17 Ariel Rios Building, $62,740,000

18 Justice Department, Phase 1 of 3, $50,000,000

19 Lafayette Building, $5,166,000

20 Hawaii:

21 Honolulu, Prince Jonah Kuhio Kalanianaole

22 Federal Building and U.S. Courthouse, $4,140,000

23 Illinois:

24 Chicago, Everett M. Dirksen Federal Building,

25 $18,844,000
427

SJ 63 PCS

1 Chicago, John C. Kluczynski, Jr. Federal

2 Building (IRS), $13,414,000

3 Louisiana:

4 New Orleans, Customhouse, $3,500,000

5 Maryland:

6 Montgomery County, White Oak environmental

7 cleanup activities, $10,000,000

8 Massachusetts:

9 Andover, IRS Regional Service Center,

10 $812,000

11 New Hampshire:

12 Concord, J.C. Cleveland Federal Building,

13 $8,251,000

14 New Jersey:

15 Camden, U.S. Post Office-Courthouse

16 $11,096,000

17 New York:

18 Albany, James T. Foley Post Office-Court19 house, $3,880,000

20 Brookhaven, IRS Service Center, $2,272,000

21 New York, Jacob K. Javits Federal Building,

22 $13,651,000

23 Pennsylvania:

24 Scranton, Federal Building-U.S. Courthouse,

25 $10,610,000
428

SJ 63 PCS

1 Rhode Island:

2 Providence, Federal Building-U.S. Courthouse,

3 $8,209,000

4 Texas:

5 Fort Worth, Federal Center, $11,259,000

6 Nationwide:

7 Chlorofluorocarbons Program, $23,456,000

8 Elevator Program, $10,000,000

9 Energy Program, $20,000,000

10 Security Enhancements, various buildings,

11 $2,700,000

12 Basic Repairs and Alterations, $345,000,000:

13 Provided further, That additional projects for which

14 prospectuses have been fully approved may be funded

15 under this category only if advance approval is obtained

16 from the Committees on Appropriations of the House and

17 Senate: Provided further, That the amounts provided in

18 this or any prior Act for Repairs and Alterations may be

19 used to fund costs associated with implementing security

20 improvements to buildings necessary to meet the minimum

21 standards for security in accordance with current law and

22 in compliance with the reprogramming guidelines of the

23 appropriate Committees of the House and Senate: Pro24 vided further, That funds in the Federal Buildings Fund

25 for Repairs and Alterations shall, for prospectus projects,
429

SJ 63 PCS

1 be limited to the originally authorized amount, except each

2 project may be increased by an amount not to exceed 10

3 percent when advance approval is obtained from the Com4 mittees on Appropriations of the House and Senate of a

5 greater amount: Provided further, That the difference be6 tween the funds appropriated and expended on any

7 projects in this or any prior Act, under the heading ‘‘Re8 pairs and Alterations’’, may be transferred to Basic Re9 pairs and Alterations or used to fund authorized increases

10 in prospectus projects: Provided further, That from funds

11 made available for Basic Repairs and Alterations,

12 $8,000,000 shall be made available for renovation of the

13 Agricultural Research Service Laboratory in Ames, Iowa,

14 which is currently occupied by the Animal and Plant

15 Health Inspection Service: Provided further, That from

16 funds made available for Basic Repairs and Alterations,

17 $1,450,000 may be available for the renovation of the Pio18 neer Courthouse located at 520 SW Morrison, in Portland,

19 Oregon: Provided further, That from funds made available

20 for Basic Repairs and Alterations, $6,000,000 shall be

21 used for necessary expenses associated with ongoing con22 struction of the U.S. Courthouse in Montgomery, Ala23 bama: Provided further, That from funds made available

24 for Basic Repairs and Alterations, $100,000 shall be

25 transferred to the National Park Service ‘‘Construction’’
430

SJ 63 PCS

1 appropriation for restoration and maintenance of the

2 multi-purpose field at Wallenberg Place in Washington,

3 DC: Provided further, That all funds for repairs and alter4 ations prospectus projects shall expire on September 30,

5 1999, and remain in the Federal Buildings Fund except

6 funds for projects as to which funds for design or other

7 funds have been obligated in whole or in part prior to such

8 date: Provided further, That the amount provided in this

9 or any prior Act for Basic Repairs and Alterations may

10 be used to pay claims against the Government arising

11 from any projects under the heading ‘‘Repairs and Alter12 ations’’ or used to fund authorized increases in prospectus

13 projects: Provided further, That $5,700,000 of the funds

14 provided under this heading in Public Law 103–329, for

15 the IRS Service Center, Holtsville, New York, shall be

16 available until September 30, 1998; (3) not to exceed

17 $173,075,000 for installment acquisition payments includ18 ing payments on purchase contracts which shall remain

19 available until expended: Provided further, That up to

20 $1,500,000 shall be available for a design prospectus of

21 the Federal Building and U.S. Courthouse located at 811

22 Grand Avenue in Kansas City, Missouri; (4) not to exceed

23 $2,343,795,000 for rental of space which shall remain

24 available until expended; and (5) not to exceed

25 $1,552,651,000 for building operations which shall remain
431

SJ 63 PCS

1 available until expended and of which $8,000,000 shall be

2 transferred to the ‘‘Policy and Operations’’ appropriation:

3 Provided further, That funds available to the General Serv4 ices Administration shall not be available for expenses in

5 connection with any construction, repair, alteration, and

6 acquisition project for which a prospectus, if required by

7 the Public Buildings Act of 1959, as amended, has not

8 been approved, except that necessary funds may be ex9 pended for each project for required expenses in connec10 tion with the development of a proposed prospectus: Pro11 vided further, That the Administrator of General Services

12 shall, at the earliest practicable date, initiate discussions

13 with the Smithsonian Institution on the feasibility of

14 transferring Federal Building 10B located at 600 Inde15 pendence Avenue, SW., Washington, D.C. to the Smithso16 nian Institution at such price and under such terms and

17 conditions as determined appropriate by the Administrator

18 and subject to the prior approval of the appropriate au19 thorizing and appropriations committee of the Congress:

20 Provided further, That funds provided in this Act under

21 the heading ‘‘Security Enhancements, various buildings’’

22 may be used, by project in accordance with an approved

23 prospectus: Provided further, That the Administrator is

24 authorized in fiscal year 1997 and thereafter, to enter into

25 and perform such leases, contracts, or other transactions
432

SJ 63 PCS

1 with any agency or instrumentality of the United States,

2 the several States, or the District of Columbia, or with

3 any person, firm, association, or corporation, as may be

4 necessary to implement the trade center plan at the Fed5 eral Triangle Project and is hereby granted all the rights

6 and authorities of the former Pennsylvania Avenue Devel7 opment Corporation (PADC) with regard to property

8 transferred from the PADC to the General Services Ad9 ministration in fiscal year 1996: Provided further, That

10 notwithstanding any other provision of law, the Adminis11 trator of General Services is hereby authorized to use all

12 funds transferred from the PADC or income earned on

13 PADC properties for activities associated with carrying

14 out the responsibilities of the PADC transferred to the

15 Administrator of General Services and that any such in16 come earned on or after April 1, 1996, shall be deposited

17 to the Pennsylvania Avenue Activities account and shall

18 remain available until expended: Provided further, That

19 any funds or income as may be deemed by the Adminis20 trator as excess to the amount needed to fulfill the PADC

21 responsibilities transferred to the Administrator of Gen22 eral Services, shall be applied to any outstanding debt,

23 with the exception of debt associated with the Ronald

24 Reagan Building and International Trade Center, in25 curred by the PADC in the course of acquiring real estate:
433

SJ 63 PCS

1 Provided further, That with respect to real property trans2 ferred from the PADC to the General Services Adminis3 tration pursuant to section 313 of Public Law 104–134,

4 Title III, General Provisions, the Administrator of General

5 Services is hereafter authorized and directed to make pay6 ments required by section 10(b) of the PADC Act of 1972,

7 Public Law 92–578 in the same manner as previously paid

8 by the PADC: Provided further, That for the purposes of

9 this authorization, buildings constructed pursuant to the

10 purchase contract authority of the Public Buildings

11 Amendments of 1972 (40 U.S.C. 602a), buildings occu12 pied pursuant to installment purchase contracts, and

13 buildings under the control of another department or

14 agency where alterations of such buildings are required

15 in connection with the moving of such other department

16 or agency from buildings then, or thereafter to be, under

17 the control of the General Services Administration shall

18 be considered to be federally owned buildings: Provided

19 further, That funds available in the Federal Buildings

20 Fund may be expended for emergency repairs when ad21 vance approval is obtained from the Committees on Appro22 priations of the House and Senate: Provided further, That

23 amounts necessary to provide reimbursable special services

24 to other agencies under section 210(f)(6) of the Federal

25 Property and Administrative Services Act of 1949, as
434

SJ 63 PCS

1 amended (40 U.S.C. 490(f)(6)) and amounts to provide

2 such reimbursable fencing, lighting, guard booths, and

3 other facilities on private or other property not in Govern4 ment ownership or control as may be appropriate to enable

5 the United States Secret Service to perform its protective

6 functions pursuant to 18 U.S.C. 3056, as amended, shall

7 be available from such revenues and collections: Provided

8 further, That revenues and collections and any other sums

9 accruing to this Fund during fiscal year 1997, excluding

10 reimbursements under section 210(f)(6) of the Federal

11 Property and Administrative Services Act of 1949 (40

12 U.S.C. 490(f)(6)) in excess of $5,555,544,000 shall re13 main in the Fund and shall not be available for expendi14 ture except as authorized in appropriations Acts.

15 POLICY AND OPERATIONS

16 For expenses authorized by law, not otherwise pro17 vided for, for Government-wide policy and oversight activi18 ties associated with asset management activities; utiliza19 tion and donation of surplus personal property; transpor20 tation management activities; procurement and supply

21 management activities; Government-wide and internal re22 sponsibilities relating to automated data management,

23 telecommunications, information resources management,

24 and related technology activities; utilization survey, deed

25 compliance inspection, appraisal, environmental and cul26 tural analysis, and land use planning functions pertaining
435

SJ 63 PCS

1 to excess and surplus real property; agency-wide policy di2 rection; Board of Contract Appeals; accounting, records

3 management, and other support services incident to adju4 dication of Indian Tribal Claims by the United States

5 Court of Federal Claims; services as authorized by 5

6 U.S.C. 3109; and not to exceed $5,000 for official recep7 tion and representation expenses; $110,173,000.

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector

10 General and services authorized by 5 U.S.C. 3109,

11 $33,863,000: Provided, That not to exceed $5,000 shall

12 be available for payment for information and detection of

13 fraud against the Government, including payment for re14 covery of stolen Government property: Provided further,

15 That not to exceed $2,500 shall be available for awards

16 to employees of other Federal agencies and private citizens

17 in recognition of efforts and initiatives resulting in en18 hanced Office of Inspector General effectiveness.

19 ALLOWANCES AND OFFICE STAFF FOR FORMER

20 PRESIDENTS

21 For carrying out the provisions of the Act of August

22 25, 1958, as amended (3 U.S.C. 102 note), and Public

23 Law 95–138, $2,180,000: Provided, That the Adminis24 trator of General Services shall transfer to the Secretary
436

SJ 63 PCS

1 of the Treasury such sums as may be necessary to carry

2 out the provisions of such Acts.

3 EXPENSES, PRESIDENTIAL TRANSITION

4 For expenses necessary to carry out the Presidential

5 Transition Act of 1963, as amended (3 U.S.C. 102 note),

6 $5,600,000.

7 GENERAL PROVISIONS—GENERAL SERVICES

8 ADMINISTRATION

9 SECTION 401. The appropriate appropriation or fund

10 available to the General Services Administration shall be

11 credited with the cost of operation, protection, mainte12 nance, upkeep, repair, and improvement, included as part

13 of rentals received from Government corporations pursu14 ant to law (40 U.S.C. 129).

15 SEC. 402. Funds available to the General Services

16 Administration shall be available for the hire of passenger

17 motor vehicles.

18 SEC. 403. Funds in the Federal Buildings Fund

19 made available for fiscal year 1997 for Federal Buildings

20 Fund activities may be transferred between such activities

21 only to the extent necessary to meet program require22 ments: Provided, That any proposed transfers shall be ap23 proved in advance by the Committees on Appropriations

24 of the House and Senate.
437

SJ 63 PCS

1 SEC. 404. No funds made available by this Act shall

2 be used to transmit a fiscal year 1998 request for United

3 States Courthouse construction that does not meet the de4 sign guide standards for construction as established by the

5 General Services Administration, the Judicial Conference

6 of the United States, and the Office of Management and

7 Budget and does not reflect the priorities of the Judicial

8 Conference of the United States as set out in its approved

9 5-year construction plan: Provided, That the request must

10 be accompanied by a standardized courtroom utilization

11 study of each facility to be replaced or expanded.

12 SEC. 405. None of the funds provided in this Act may

13 be used to increase the amount of occupiable square feet,

14 provide cleaning services, security enhancements, or any

15 other service usually provided through the Federal Build16 ings Fund, to any agency which does not pay the re17 quested rate per square foot assessment for space and

18 services as determined by the General Services Adminis19 tration in compliance with the Public Buildings Amend20 ments Act of 1972 (Public Law 92–313).

21 SEC. 406. The Administrator of the General Services

22 is directed to ensure that the materials used for the facade

23 on the United States Courthouse Annex, Savannah, Geor24 gia project are compatible with the existing Savannah

25 Federal Building-U.S. Courthouse fascade, in order to en-
438

SJ 63 PCS

1 sure compatibility of this new facility with the Savannah

2 historic district and to ensure that the Annex will not en3 danger the National Landmark status of the Savannah

4 historic district.

5 SEC. 407. (a) Section 210 of the Federal Property

6 and Administrative Services Act of 1949 (40 U.S.C. 490)

7 is amended by adding at the end the following new sub8 section:

9 ‘‘(l)(1) The Administrator may establish, acquire

10 space for, and equip flexiplace work telecommuting centers

11 (in this subsection referred to as ‘telecommuting centers’)

12 for use by employees of Federal agencies, State and local

13 governments, and the private sector in accordance with

14 this subsection.

15 ‘‘(2) The Administrator may make any telecommut16 ing center available for use by individuals who are not

17 Federal employees to the extent the center is not being

18 fully utilized by Federal employees. The Administrator

19 shall give Federal employees priority in using the tele20 commuting centers.

21 ‘‘(3)(A) The Administrator shall charge user fees for

22 the use of any telecommuting center. The amount of the

23 user fee shall approximate commercial charges for com24 parable space and services except that in no instance shall

25 such fee be less than that necessary to pay the cost of
439

SJ 63 PCS

1 establishing and operating the center, including the rea2 sonable cost of renovation and replacement of furniture,

3 fixtures, and equipment.

4 ‘‘(B) Amounts received by the Administrator after

5 September 30, 1993, as user fees for use of any tele6 commuting center may be deposited into the Fund estab7 lished under subsection (f) of this section and may be used

8 by the Administrator to pay costs incurred in the estab9 lishment and operation of the center.

10 ‘‘(4) The Administrator may provide guidance, assist11 ance, and oversight to any person regarding establishment

12 and operation of alternative workplace arrangements, such

13 as telecommuting, hoteling, virtual offices, and other dis14 tributive work arrangements.

15 ‘‘(5) In considering whether to acquire any space,

16 quarters, buildings, or other facilities for use by employees

17 of any executive agency, the head of that agency shall con18 sider whether the need for the facilities can be met using

19 alternative workplace arrangements referred to in para20 graph (4).’’.

21 (b) Section 13 of the Public Building Act of 1959,

22 as amended, (107 Stat. 438; 40 U.S.C. 612) is amended—

23 (1) by striking ‘‘(xi)’’ and inserting in lieu

24 thereof ‘‘(xii)’’; and
440

SJ 63 PCS

1 (2) by striking ‘‘and (x)’’ and inserting in lieu

2 thereof ‘‘(x) telecommuting centers and (xi)’’.

3 SEC. 408. Notwithstanding any other provision of

4 law, the Administrator of General Services is authorized

5 and directed to acquire the land bounded by S.W. First

6 Avenue, S.W. Second Avenue, S.W. Main Street, and S.W.

7 Madison Street, Portland, Oregon, for the purposes of

8 constructing the proposed Law Enforcement Center on the

9 site.

10 SEC. 409. Section 2815 of Public Law 103–160, re11 lating to the conveyance of real property at the Iowa Army

12 Ammunition Plant, is amended—

13 (1) in subsection (a), by striking ‘‘may convey

14 to’’ and inserting ‘‘shall convey, without reimburse15 ment and if requested by,’’; and

16 (2) by striking subsection (b) and inserting the

17 following new subsection:

18 ‘‘(b) USE OF WATER AND SEWER LINES.—As part

19 of the conveyance under subsection (a), the Secretary shall

20 permit the City to use existing water and sewer lines and

21 sewage system at the Iowa Army Ammunition Plant for

22 a three-year period beginning on the date of the convey23 ance.’’.

24 SEC. 410. (a) CONVEYANCE OF LAND.—
441

SJ 63 PCS

1 (1) ADMINISTRATOR OF GENERAL SERVICES.—

2 Subject to subsections (b) and (c), the Administrator

3 of General Services (hereinafter in this section re4 ferred to as the ‘‘Administrator’’) shall convey, with5 out compensation, to a nonprofit organization known

6 as the ‘‘Beaver County Corporation for Economic

7 Development’’ all right, title, and interest of the

8 United States in and to those pieces or parcels of

9 land in Hopewell Township, Pennsylvania, described

10 in subsection (b), together with all improvements

11 thereon and appurtenances thereto. The purpose of

12 the conveyance is to provide a site for economic de13 velopment in Hopewell Township.

14 (2) PROPERTY DESCRIPTION.—The land re15 ferred to in paragraph (1) is the parcel of land in

16 the township of Hopewell, county of Beaver, Penn17 sylvania, bounded and described as follows:

18 (A) Beginning at the southwest corner at

19 a point common to Lot No. 1, same plan, lands

20 now or formerly of Frank and Catherine

21 Wutter, and the easterly right-of-way line of

22 Pennsylvania Legislative Route No. 60 (Beaver

23 Valley Expressway); thence proceeding by the

24 easterly right-of-way of Pennsylvania Legisla-
442

SJ 63 PCS

1 tive Route No. 60 by the following three

2 courses and distances:

3 (i) North 17 degrees, 14 minutes, 20

4 seconds West, 213.10 feet to a point.

5 (ii) North 72 degrees, 45 minutes, 40

6 seconds East, 30.00 feet to a point.

7 (iii) North 17 degrees, 14 minutes, 20

8 seconds West, 252.91 feet to a point; on a

9 line dividing Lot No. 1 from the other part

10 of Lot No. 1, said part now called Lot No.

11 5, same plan; thence by last mentioned di12 viding line, North 78 degrees, 00 minutes,

13 00 seconds East; 135.58 feet to a point, a

14 cul-de-sac on Industrial Drive; thence by

15 said cul-de-sac and the southerly side of

16 Industrial Drive by the following courses

17 and distances:

18 (I) By a curve to the right hav19 ing a radius of 100.00 feet for an arc

20 distance of 243.401 feet to a point.

21 (II) Thence by a curve to the

22 right having a radius of 100.00 feet

23 for an arc distance of 86.321 feet to

24 a point.
443

SJ 63 PCS

1 (III) Thence by 78 degrees, 00

2 minutes, 00 seconds East, 777.78 feet

3 to a point.

4 (IV) Thence, North 12 degrees,

5 00 minutes, 00 seconds West, 74.71

6 feet to a point.

7 (V) Thence by a curve to the

8 right, having a radius of 50.00 feet

9 for an arc distance of 78.54 feet to a

10 point.

11 (VI) Thence North 78 degrees,

12 00 minutes, 00 seconds East, 81.24

13 feet to a point.

14 (VII) Thence by a curve to the

15 right, having a radius of 415.00 feet

16 for an arc distance of 140.64 feet to

17 a point.

18 (VIII) Thence, South 82 degrees,

19 35 minutes, 01 second East, 125.00

20 feet to a point.

21 (IX) Thence, South 7 degrees, 24

22 minutes, 59 seconds West, 5.00 feet

23 to a point.

24 (X) Thence by a curve to the

25 right, having a radius of 320.00 feet
444

SJ 63 PCS

1 for an arc distance of 256.85 feet to

2 a point.

3 (XI) Thence by a curve to the

4 right having a radius of 50.00 feet for

5 an arc distance of 44.18 feet to a

6 point on the northerly side of Airport

7 Road.

8 (B) Thence by the northerly side thereof

9 by the following:

10 (i) South 14 degrees, 01 minutes, 54

11 seconds, West, 56.94 feet to a point.

12 (ii) Thence by a curve to the right

13 having a radius of 225.00 feet for an arc

14 distance of 207.989 feet to a point.

15 (iii) Thence South 66 degrees, 59

16 minutes, 45 seconds West, 192.08 feet to

17 a point on the southern boundary of Lot

18 No. 1, which line is also the line dividing

19 Lot No. 1 from lands now or formerly, of

20 Frank and Catherine Wutter.

21 (C) Thence by the same, South 75 degrees,

22 01 minutes, 00 seconds West, 1,351.23 feet to

23 a point at the place of beginning.

24 (3) DATE OF CONVEYANCE.—The date of the

25 conveyance of property required under paragraph
445

SJ 63 PCS

1 (1) shall be not later than the 90th day following the

2 date of the enactment of this Act.

3 (4) CONVEYANCE TERMS.—

4 (A) TERMS AND CONDITIONS.—The con5 veyance of property required under paragraph

6 (1) shall be subject to such terms and condi7 tions as may be determined by the Adminis8 trator to be necessary to safeguard the interests

9 of the United States. Such terms and condi10 tions shall be consistent with the terms and

11 conditions set forth in this section.

12 (B) QUITCLAIM DEED.—The conveyance of

13 property required under paragraph (1) shall be

14 by quitclaim deed.

15 (b) LIMITATION ON CONVEYANCE.—No part of any

16 land conveyed under subsection (a) may be used, during

17 the 30-year period beginning on the date of conveyance

18 for any purpose other than economic development.

19 (c) REVERSIONARY INTEREST.—

20 (1) IN GENERAL.—The property conveyed

21 under subsection (a) shall revert to the United

22 States on any date in the 30-year period beginning

23 on the date of such conveyance on which the prop24 erty is used for a purpose other than economic devel25 opment.
446

SJ 63 PCS

1 (2) ENFORCING REVERSION.—The Adminis2 trator shall perform all acts necessary to enforce any

3 reversion of property to the United States under this

4 subsection.

5 (3) INVENTORY OF PUBLIC BUILDINGS SERV6 ICE.—Property that reverts to the United States

7 under this subsection shall be under the control of

8 the General Services Administration.

9 SEC. 411. Notwithstanding any other provision of

10 law, the land contained in block 111 in the Federal Dis11 trict, Denver, Colorado, obtained pursuant to paragraphs

12 (6) and (7) of section 12 of Public Law 94–204 (43 U.S.C.

13 1611 note) shall not be subject to condemnation by any

14 agency or instrumentality of the Federal Government,

15 without the consent of the owner of that land.

16 JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW

17 BOARD

18 For necessary expenses to carry out the John F. Ken19 nedy Assassination Records Collection Act of 1992,

20 $2,150,000.

21 MERIT SYSTEMS PROTECTION BOARD

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses to carry out functions of the

25 Merit Systems Protection Board pursuant to Reorganiza-
447

SJ 63 PCS

1 tion Plan Numbered 2 of 1978 and the Civil Service Re2 form Act of 1978, including services as authorized by 5

3 U.S.C. 3109, rental of conference rooms in the District

4 of Columbia and elsewhere, hire of passenger motor vehi5 cles, and direct procurement of survey printing,

6 $23,923,000, together with not to exceed $2,430,000 for

7 administrative expenses to adjudicate retirement appeals

8 to be transferred from the Civil Service Retirement and

9 Disability Fund in amounts determined by the Merit Sys10 tems Protection Board.

11 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

12 OPERATING EXPENSES

13 For necessary expenses in connection with the admin14 istration of the National Archives (including the Informa15 tion Security Oversight Office) and records and related ac16 tivities, as provided by law, and for expenses necessary

17 for the review and declassification of documents, and for

18 the hire of passenger motor vehicles, $196,963,000: Pro19 vided, That the Archivist of the United States is author20 ized to use any excess funds available from the amount

21 borrowed for construction of the National Archives facil22 ity, for expenses necessary to move into the facility.

23 ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES

24 REPAIRS AND RESTORATION

25 For the repair, alteration, and improvement of ar26 chives facilities and presidential libraries, and to provide
448

SJ 63 PCS

1 adequate storage for holdings, $16,229,000 to remain

2 available until expended.

3 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

4 COMMISSION

5 GRANTS PROGRAM

6 For necessary expenses for allocations and grants for

7 historical publications and records as authorized by 44

8 U.S.C. 2504, as amended, $5,000,000 to remain available

9 until expended.

10 OFFICE OF GOVERNMENT ETHICS

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out functions of the

13 Office of Government Ethics pursuant to the Ethics in

14 Government Act of 1978, as amended by Public Law 100–

15 598, and the Ethics Reform Act of 1989, Public Law 101–

16 194, including services as authorized by 5 U.S.C. 3109,

17 rental of conference rooms in the District of Columbia and

18 elsewhere, hire of passenger motor vehicles, and not to ex19 ceed $1,500 for official reception and representation ex20 penses; $8,078,000.

21 OFFICE OF PERSONNEL MANAGEMENT

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF TRUST FUNDS)

24 For necessary expenses to carry out functions of the

25 Office of Personnel Management pursuant to Reorganiza-
449

SJ 63 PCS

1 tion Plan Numbered 2 of 1978 and the Civil Service Re2 form Act of 1978, including services as authorized by 5

3 U.S.C. 3109; medical examinations performed for veterans

4 by private physicians on a fee basis; rental of conference

5 rooms in the District of Columbia and elsewhere; hire of

6 passenger motor vehicles; not to exceed $2,500 for official

7 reception and representation expenses; advances for reim8 bursements to applicable funds of the Office of Personnel

9 Management and the Federal Bureau of Investigation for

10 expenses incurred under Executive Order 10422 of Janu11 ary 9, 1953, as amended; and payment of per diem and/

12 or subsistence allowances to employees where Voting

13 Rights Act activities require an employee to remain over14 night at his or her post of duty; $87,076,000, of which

15 not to exceed $1,000,000 shall be available for the estab16 lishment of health promotion and disease prevention pro17 grams for Federal employees; and in addition $94,736,000

18 for administrative expenses, to be transferred from the ap19 propriate trust funds of the Office of Personnel Manage20 ment without regard to other statutes, including direct

21 procurement of printing materials for annuitants, for the

22 retirement and insurance programs, of which $3,500,000

23 shall be transferred at such times as the Office of Person24 nel Management deems appropriate, and shall remain

25 available until expended for the costs of automating the
450

SJ 63 PCS

1 retirement recordkeeping systems, together with remain2 ing amounts authorized in previous Acts for the record3 keeping systems: Provided, That the provisions of this ap4 propriation shall not affect the authority to use applicable

5 trust funds as provided by section 8348(a)(1)(B) of title

6 5, United States Code: Provided further, That, except as

7 may be consistent with 5 U.S.C. 8902a(f)(1) and (i), no

8 payment may be made from the Employees Health Bene9 fits Fund to any physician, hospital, or other provider of

10 health care services or supplies who is, at the time such

11 services or supplies are provided to an individual covered

12 under chapter 89 of title 5, United States Code, excluded,

13 pursuant to section 1128 or 1128A of the Social Security

14 Act (42 U.S.C. 1320a–7–1320a–7a), from participation in

15 any program under title XVIII of the Social Security Act

16 (42 U.S.C. 1395 et seq.): Provided further, That no part

17 of this appropriation shall be available for salaries and ex18 penses of the Legal Examining Unit of the Office of Per19 sonnel Management established pursuant to Executive

20 Order 9358 of July 1, 1943, or any successor unit of like

21 purpose: Provided further, That the President’s Commis22 sion on White House Fellows, established by Executive

23 Order 11183 of October 3, 1964, may, during the fiscal

24 year ending September 30, 1997, accept donations of

25 money, property, and personal services in connection with
451

SJ 63 PCS

1 the development of a publicity brochure to provide infor2 mation about the White House Fellows, except that no

3 such donations shall be accepted for travel or reimburse4 ment of travel expenses, or for the salaries of employees

5 of such Commission.

6 GENERAL PROVISIONS—OFFICE OF PERSONNEL

7 MANAGEMENT

8 SEC. 421. The first sentence of section 1304(e)(1)

9 of title 5, United States Code, is amended by inserting

10 after ‘‘basis’’ the following ‘‘, including personnel manage11 ment services performed at the request of individual agen12 cies (which would otherwise be the responsibility of such

13 agencies), or at the request of nonappropriated fund in14 strumentalities’’.

15 SEC. 422. Paragraph (1) of section 8906(e) of title

16 5, United States Code, is amended—

17 (1) by striking the last sentence of that para18 graph and redesignating the remainder of that para19 graph as (1)(A);

20 (2) by adding at the end of paragraph (1)(A)

21 (as so designated) the following:

22 ‘‘(B) During each pay period in which an en23 rollment continues under subparagraph (A)—

24 ‘‘(i) employee and Government contribu25 tions required by this section shall be paid on

26 a current basis; and
452

SJ 63 PCS

1 ‘‘(ii) if necessary, the head of the employ2 ing agency shall approve advance payment, re3 coverable in the same manner as under section

4 5524a(c), of a portion of basic pay sufficient to

5 pay current employee contributions.

6 ‘‘(C) Each agency shall establish procedures for

7 accepting direct payments of employee contributions

8 for the purposes of this paragraph.’’.

9 OFFICE OF INSPECTOR GENERAL

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFER OF TRUST FUNDS)

12 For necessary expenses of the Office of Inspector

13 General in carrying out the provisions of the Inspector

14 General Act, as amended, including services as authorized

15 by 5 U.S.C. 3109, hire of passenger motor vehicles,

16 $960,000; and in addition, not to exceed $8,645,000 for

17 administrative expenses to audit the Office of Personnel

18 Management’s retirement and insurance programs, to be

19 transferred from the appropriate trust funds of the Office

20 of Personnel Management, as determined by the Inspector

21 General: Provided, That the Inspector General is author22 ized to rent conference rooms in the District of Columbia

23 and elsewhere.
453

SJ 63 PCS

1 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

2 HEALTH BENEFITS

3 For payment of Government contributions with re4 spect to retired employees, as authorized by chapter 89

5 of title 5, United States Code, and the Retired Federal

6 Employees Health Benefits Act (74 Stat. 849), as amend7 ed, such sums as may be necessary.

8 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

9 LIFE INSURANCE

10 For payment of Government contributions with re11 spect to employees retiring after December 31, 1989, as

12 required by chapter 87 of title 5, United States Code, such

13 sums as may be necessary.

14 PAYMENT TO CIVIL SERVICE RETIREMENT AND

15 DISABILITY FUND

16 For financing the unfunded liability of new and in17 creased annuity benefits becoming effective on or after Oc18 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an19 nuities under special Acts to be credited to the Civil Serv20 ice Retirement and Disability Fund, such sums as may

21 be necessary: Provided, That annuities authorized by the

22 Act of May 29, 1944, as amended, and the Act of August

23 19, 1950, as amended (33 U.S.C. 771–75), may hereafter

24 be paid out of the Civil Service Retirement and Disability

25 Fund.
454

SJ 63 PCS

1 OFFICE OF SPECIAL COUNSEL

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the

4 Office of Special Counsel pursuant to Reorganization Plan

5 Numbered 2 of 1978, the Civil Service Reform Act of

6 1978 (Public Law 95–454), the Whistleblower Protection

7 Act of 1989 (Public Law 101–12), Public Law 103–424,

8 and the Uniformed Services Employment and Reemploy9 ment Act of 1994 (Public Law 103–353), including serv10 ices as authorized by 5 U.S.C. 3109, payment of fees and

11 expenses for witnesses, rental of conference rooms in the

12 District of Columbia and elsewhere, and hire of passenger

13 motor vehicles; $8,116,000.

14 UNITED STATES TAX COURT

15 SALARIES AND EXPENSES

16 For necessary expenses, including contract reporting

17 and other services as authorized by 5 U.S.C. 3109,

18 $33,781,000: Provided, That travel expenses of the judges

19 shall be paid upon the written certificate of the judge.

20 This title may be cited as the ‘‘Independent Agencies

21 Appropriations Act, 1997’’.

22 TITLE V—GENERAL PROVISIONS

23 THIS ACT

24 SECTION 501. No part of any appropriation con25 tained in this Act shall remain available for obligation be-
455

SJ 63 PCS

1 yond the current fiscal year unless expressly so provided

2 herein.

3 SEC. 502. The expenditure of any appropriation

4 under this Act for any consulting service through procure5 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

6 to those contracts where such expenditures are a matter

7 of public record and available for public inspection, except

8 where otherwise provided under existing law, or under ex9 isting Executive order issued pursuant to existing law.

10 Sec. 503. Section 5131 of title 31, United States

11 Code, is amended—

12 (1) by striking subsection (c); and

13 (2) by redesignating subsection (d) as sub14 section (c).

15 SEC. 504. None of the funds made available by this

16 Act shall be available for any activity or for paying the

17 salary of any Government employee where funding an ac18 tivity or paying a salary to a Government employee would

19 result in a decision, determination, rule, regulation, or pol20 icy that would prohibit the enforcement of section 307 of

21 the Tariff Act of 1930.

22 SEC. 505. None of the funds made available by this

23 Act shall be available for the purpose of transferring con24 trol over the Federal Law Enforcement Training Center
456

SJ 63 PCS

1 located at Glynco, Georgia, and Artesia, New Mexico, out

2 of the Treasury Department.

3 SEC. 506. No part of any appropriation contained in

4 this Act shall be used for publicity or propaganda purposes

5 within the United States not heretofore authorized by the

6 Congress.

7 SEC. 507. No part of any appropriation contained in

8 this Act shall be available for the payment of the salary

9 of any officer or employee of the United States Postal

10 Service, who—

11 (1) prohibits or prevents, or attempts or threat12 ens to prohibit or prevent, any officer or employee

13 of the United States Postal Service from having any

14 direct oral or written communication or contact with

15 any Member or committee of Congress in connection

16 with any matter pertaining to the employment of

17 such officer or employee or pertaining to the United

18 States Postal Service in any way, irrespective of

19 whether such communication or contact is at the ini20 tiative of such officer or employee or in response to

21 the request or inquiry of such Member or committee;

22 or

23 (2) removes, suspends from duty without pay,

24 demotes, reduces in rank, seniority, status, pay, or

25 performance of efficiency rating, denies promotion
457

SJ 63 PCS

1 to, relocates, reassigns, transfers, disciplines, or dis2 criminates in regard to any employment right, enti3 tlement, or benefit, or any term or condition of em4 ployment of, any officer or employee of the United

5 States Postal Service, or attempts or threatens to

6 commit any of the foregoing actions with respect to

7 such officer or employee, by reason of any commu8 nication or contact of such officer or employee with

9 any Member or committee of Congress as described

10 in paragraph (1).

11 SEC. 508. The Office of Personnel Management may,

12 during the fiscal year ending September 30, 1997, accept

13 donations of supplies, services, land, and equipment for

14 the Federal Executive Institute and Management Develop15 ment Centers to assist in enhancing the quality of Federal

16 management.

17 SEC. 509. The United States Secret Service may,

18 during the fiscal year ending September 30, 1997, and

19 hereafter, accept donations of money to off-set costs in20 curred while protecting former Presidents and spouses of

21 former Presidents when the former President or spouse

22 travels for the purpose of making an appearance or speech

23 for a payment of money or any thing of value.

24 SEC. 510. No part of any appropriation contained in

25 this Act shall be available to pay the salary for any person
458

SJ 63 PCS

1 filling a position, other than a temporary position, for2 merly held by an employee who has left to enter the Armed

3 Forces of the United States and has satisfactorily com4 pleted his period of active military or naval service and

5 has within 90 days after his release from such service or

6 from hospitalization continuing after discharge for a pe7 riod of not more than 1 year made application for restora8 tion to his former position and has been certified by the

9 Office of Personnel Management as still qualified to per10 form the duties of his former position and has not been

11 restored thereto.

12 SEC. 511. None of the funds made available in this

13 Act may be used to provide any non-public information

14 such as mailing or telephone lists to any person or any

15 organization outside of the Federal Government without

16 the approval of the House and Senate Committees on Ap17 propriations.

18 SEC. 512. No funds appropriated pursuant to this

19 Act may be expended by an entity unless the entity agrees

20 that in expending the assistance the entity will comply

21 with sections 2 through 4 of the Act of March 3, 1933

22 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer23 ican Act’’).

24 SEC. 513. (a) PURCHASE OF AMERICAN-MADE

25 EQUIPMENT AND PRODUCTS.—In the case of any equip-
459

SJ 63 PCS

1 ment or products that may be authorized to be purchased

2 with financial assistance provided under this Act, it is the

3 sense of the Congress that entities receiving such assist4 ance should, in expending the assistance, purchase only

5 American-made equipment and products.

6 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

7 providing financial assistance under this Act, the Sec8 retary of the Treasury shall provide to each recipient of

9 the assistance a notice describing the statement made in

10 subsection (a) by the Congress.

11 SEC. 514. If it has been finally determined by a court

12 or Federal agency that any person intentionally affixed a

13 label bearing a ‘‘Made in America’’ inscription, or any in14 scription with the same meaning, to any product sold in

15 or shipped to the United States that is not made in the

16 United States, such person shall be ineligible to receive

17 any contract or subcontract made with funds provided

18 pursuant to this Act, pursuant to the debarment, suspen19 sion, and ineligibility procedures described in section

20 9.400 through 9.409 of title 48, Code of Federal Regula21 tions.

22 SEC. 515. Except as otherwise specifically provided

23 by law, not to exceed 50 percent of unobligated balances

24 remaining available at the end of fiscal year 1997 from

25 appropriations made available for salaries and expenses
460

SJ 63 PCS

1 for fiscal year 1997 in this Act, shall remain available

2 through September 30, 1998, for each such account for

3 the purposes authorized: Provided, That a request shall

4 be submitted to the House and Senate Committees on Ap5 propriations for approval prior to the expenditure of such

6 funds.

7 SEC. 516. Where appropriations in this Act are ex8 pendable for travel expenses of employees and no specific

9 limitation has been placed thereon, the expenditures for

10 such travel expenses may not exceed the amount set forth

11 in the budget estimates submitted for appropriations with12 out the advance approval of the House and Senate Com13 mittees on Appropriations: Provided, That this section

14 shall not apply to travel performed by uncompensated offi15 cials of local boards and appeal boards in the Selective

16 Service System; to travel performed directly in connection

17 with care and treatment of medical beneficiaries of the De18 partment of Veterans Affairs; to travel of the Office of

19 Personnel Management in carrying out its observation re20 sponsibilities of the Voting Rights Act; or to payments to

21 interagency motor pools separately set forth in the budget

22 schedules: Provided further, That this provision does not

23 apply to accounts that do not contain an object identifica24 tion for travel.
461

SJ 63 PCS

1 SEC. 517. Notwithstanding any other provision of law

2 or regulation during the fiscal year ending September 30,

3 1997, and thereafter:

4 (1) The authority of the special police officers

5 of the Bureau of Engraving and Printing, in the

6 Washington, DC Metropolitan area, extends to

7 buildings and land under the custody and control of

8 the Bureau; to buildings and land acquired by or for

9 the Bureau through lease, unless otherwise provided

10 by the acquisition agency; to the streets, sidewalks

11 and open areas immediately adjacent to the Bureau

12 along Wallenberg Place (15th Street) and 14th

13 Street between Independence and Maine Avenues

14 and C and D Streets between 12th and 14th

15 Streets; to areas which include surrounding parking

16 facilities used by Bureau employees, including the

17 lots at 12th and C Streets, SW, Maine Avenue and

18 Water Streets, SW, Maiden Lane, the Tidal Basin

19 and East Potomac Park; to the protection in transit

20 of United States securities, plates and dies used in

21 the production of United States securities, or other

22 products or implements of the Bureau of Engraving

23 and Printing which the Director of that agency so

24 designates.
462

SJ 63 PCS

1 (2) The authority of the special police officers

2 of the United States Mint extends to the buildings

3 and land under the custody and control of the Mint;

4 to the streets, sidewalks and open areas in the vicin5 ity to such facilities; to surrounding parking facili6 ties used by Mint employees; and to the protection

7 in transit of bullion, coins, dies, and other property

8 and assets of, or in the custody of, the Mint.

9 (3) The exercise of police authority by Bureau

10 or Mint officers, with the exception of the exercise

11 of authority upon property under the custody and

12 control of the Bureau or the Mint, respectively, shall

13 be deemed supplementary to the Federal police force

14 with primary jurisdictional responsibility. This au15 thority shall be in addition to any other law enforce16 ment authority which has been provided to these of17 ficers under other provisions of law or regulations.

18 SEC. 518. No funds appropriated by this Act shall

19 be available to pay for an abortion, or the administrative

20 expenses in connection with any health plan under the

21 Federal employees health benefit program which provides

22 any benefits or coverage for abortions.

23 SEC. 519. The provision of section 518 shall not

24 apply where the life of the mother would be endangered
463

SJ 63 PCS

1 if the fetus were carried to term, or the pregnancy is the

2 result of an act of rape or incest.

3 SEC. 520. No part of any appropriation made avail4 able in this Act shall be used to implement Bureau of Al5 cohol, Tobacco and Firearms Ruling TD ATF–360; Re:

6 Notice Nos. 782, 780, 91F009P.

7 SEC. 521. Notwithstanding title 5, United States

8 Code, Personal Service Contractors (PSC) employed by

9 the Department of the Treasury shall be considered as

10 Federal Government employees for purposes of making

11 available Federal employee health and life insurance.

12 SEC. 523. Section 5112(i)(4) of title 31, United

13 States Code, is amended by adding at the end the follow14 ing new subparagraph:

15 ‘‘(C) The Secretary may continue to mint and issue

16 coins in accordance with the specifications contained in

17 paragraphs (7), (8), (9), and (10) of subsection (a) and

18 paragraph (1)(A) of this subsection at the same time the

19 Secretary in minting and issuing other bullion and proof

20 gold coins under this subsection in accordance with such

21 program procedures and coin specifications, designs, vari22 eties, quantities, denominations, and inscriptions as the

23 Secretary, in the Secretary’s discretion, may prescribe

24 from time to time.’’: Provided, That profits generated

25 from the sale of gold to the United States Mint for this
464

SJ 63 PCS

1 program shall be considered as a receipt to be deposited

2 into the General Fund of the Treasury.

3 SEC. 524. Section 5112 of title 31, United States

4 Code, is amended by adding at the end the following new

5 subsection:

6 ‘‘(k) The Secretary may mint and issue bullion and

7 proof platinum coins in accordance with such specifica8 tions, designs, varieties, quantities, denominations, and in9 scriptions as the Secretary, in the Secretary’s discretion,

10 may prescribe from time to time: Provided, That the Sec11 retary is authorized to use Government platinum reserves

12 stockpiled at the United States Mint as working inventory

13 and shall ensure that reserves utilized are replaced by the

14 Mint.’’.

15 SEC. 525. VOLUNTARY SEPARATION INCENTIVE PAY16 MENTS.—(a) DEFINITIONS.—For the purposes of this sec17 tion—

18 (1) the term ‘‘agency’’ means the Internal Rev19 enue Service, the Bureau of Alcohol, Tobacco and

20 Firearms, the United States Customs Service, the

21 General Services Administration, the Merit Systems

22 Protection Board and the Bureau of Engraving and

23 Printing;

24 (2) the term ‘‘employee’’ means an employee

25 (as defined by section 2105 of title 5, United States
465

SJ 63 PCS

1 Code) who is employed by an agency, is serving

2 under an appointment without time limitation, and

3 has been currently employed for a continuous period

4 of at least 12 months, but does not include—

5 (A) an employee who, upon separation and

6 application, would be eligible for an immediate

7 annuity under subchapter III of chapter 83 or

8 chapter 84 of title 5, United States Code (or

9 another retirement system for employees of the

10 agency), other than an annuity subject to a re11 duction under section 8339(h) or 8415(f) of

12 such title (or corresponding provisions of an13 other retirement system for employees of the

14 agency);

15 (B) a reemployed annuitant under the ap16 plicable retirement system referred to in sub17 paragraph (A);

18 (C) an employee having a disability on the

19 basis of which such employee is or would be eli20 gible for disability retirement under the applica21 ble retirement system referred to in subpara22 graph (A);

23 (D) an employee who is in receipt of a spe24 cific notice of involuntary separation for mis25 conduct or unacceptable performance;
466

SJ 63 PCS

1 (E) an employee who, upon completing an

2 additional period of service, as referred to in

3 subsection (b)(2)(B)(ii) of section 3 of the Fed4 eral Workforce Restructuring Act of 1994 (5

5 U.S.C. 5597 note), would qualify for a vol6 untary separation incentive payment under such

7 section;

8 (F) an employee who has previously re9 ceived any voluntary separation incentive pay10 ment from the Government of the United

11 States under this section or any other authority

12 and has not repaid such payment;

13 (G) an employee covered by statutory re14 employment rights who is on transfer to an15 other organization; or

16 (H) any employee who—(i) during the

17 twenty four month period preceding the date of

18 separation, has received a recruitment or relo19 cation bonus under section 5753 of title 5,

20 United States Code or; (ii) during the twelve

21 month period preceding the date of separation,

22 has received a retention allowance under section

23 5754 of title 5, United States Code.

24 (b) AGENCY STRATEGIC PLAN.—
467

SJ 63 PCS

1 (1) IN GENERAL.—Before obligating any re2 sources for voluntary separation incentive payments

3 under this section, the head of the agency concerned

4 shall submit to the House and Senate Committees

5 on Appropriations and the Committee on Govern6 mental Affairs of the Senate and the Committee on

7 Government Reform and Oversight of the House of

8 Representatives a strategic plan outlining the in9 tended use of such incentive payments and a pro10 posed organizational chart for the agency once such

11 incentive payments have been completed.

12 (2) CONTENTS.—The agency’s plan shall in13 clude—

14 (A) the positions and functions to be re15 duced or eliminated, identified by organizational

16 unit, geographic location, occupational category

17 and grade level;

18 (B) the number and amounts of voluntary

19 separation incentive payments to be offered;

20 and

21 (C) a description of how the agency will

22 operate without the positions and functions to

23 be reduced or eliminated.

24 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARA25 TION INCENTIVE PAYMENTS.—
468

SJ 63 PCS

1 (1) IN GENERAL.—A voluntary separation in2 centive payment under this section may be paid by

3 an agency to employees only to the extent necessary

4 to eliminate the positions and functions identified by

5 the strategic plan.

6 (2) AMOUNT AND TREATMENT OF PAYMENTS.—

7 A voluntary separation incentive payment under this

8 section—

9 (A) shall be paid in a lump sum after the

10 employee’s separation;

11 (B) shall be paid from appropriations or

12 funds available for the payment of the basic pay

13 of the employees;

14 (C) shall be equal to the amount deter15 mined by the agency head, except that such

16 amount may not exceed the lesser of—

17 (i) the amount the employee would be

18 entitled to receive under subsection (c) of

19 section 5595 of title 5, United States

20 Code, if the employee were entitled to sev21 erance pay under such section; or

22 (ii) $25,000;

23 (D) may not be made except in the case of

24 any employee who voluntarily separates (wheth-
469

SJ 63 PCS

1 er by retirement or resignation) on or before

2 September 30, 1997;

3 (E) shall not be a basis for payment, and

4 shall not be included in the computation, of any

5 other type of Government benefit; and

6 (F) shall not be taken into account in de7 termining the amount of any severance pay to

8 which the employee may be entitled under sec9 tion 5595 of title 5, United States Code, based

10 on any other separation.

11 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE

12 RETIREMENT FUND.—

13 (1) IN GENERAL.—In addition to any other

14 payments which it is required to make under sub15 chapter III of chapter 83 or chapter 84 of title 5,

16 United States Code, an agency shall remit to the Of17 fice of Personnel Management for deposit in the

18 Treasury of the United States to the credit of the

19 Civil Service Retirement and Disability Fund an

20 amount equal to 15 percent of the final basic pay of

21 each employee of the agency who is covered under

22 subchapter III of chapter 83 or chapter 84 of title

23 5, United States Code, to whom a voluntary separa24 tion incentive payment has been paid under this sec25 tion.
470

SJ 63 PCS

1 (2) DEFINITION.—For the purpose of para2 graph (1), the term ‘‘final basic pay’’, with respect

3 to an employee, means the total amount of basic pay

4 which would be payable for a year of service by such

5 employee, computed using the employee’s final rate

6 of basic pay, and, if last serving on other than a

7 full-time basis, with appropriate adjustment there8 for.

9 (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

10 THE GOVERNMENT.—An individual who has received a

11 voluntary separation incentive payment under this section

12 and accepts any employment for compensation with the

13 Government of the United States, or who works for any

14 agency of the United States Government through a per15 sonal services contract, within 5 years after the date of

16 the separation on which the payment is based shall be re17 quired to repay to the agency that paid the incentive pay18 ment, before such individual commences such employment

19 or work, the entire amount of the incentive payment.

20 (f) REDUCTION OF AGENCY EMPLOYMENT LEV21 ELS.—

22 (1) IN GENERAL.—The total number of funded

23 employee positions in the agency shall be reduced by

24 one full-time position (or the equivalent) for each va25 cancy created by the separation of any employee who
471

SJ 63 PCS

1 has received, or is due to receive, a voluntary separa2 tion incentive payment under this section.

3 (2) ENFORCEMENT.—The President, through

4 the Office of Management and Budget, shall monitor

5 compliance with this subsection and shall take any

6 action necessary to ensure that the requirements of

7 this subsection are met.

8 (g) EFFECTIVE DATE.—This section shall take effect

9 October 1, 1996.

10 SEC. 526. (a) REIMBURSEMENT OF CERTAIN ATTOR11 NEY FEES AND COSTS.—

12 (1) IN GENERAL.—The Secretary of the Treas13 ury shall pay from amounts appropriated in title I

14 of this Act under the heading, ‘‘Departmental Of15 fices, Salaries and Expenses’’, up to $500,000 to re16 imburse former employees of the White House Trav17 el Office whose employment in that Office was ter18 minated on May 19, 1993, for any attorney fees and

19 costs they incurred with respect to that termination.

20 (2) VERIFICATION REQUIRED.—The Secretary

21 shall pay an individual in full under paragraph (1)

22 upon submission by the individual of documentation

23 verifying the attorney fees and costs.
472

SJ 63 PCS

1 (3) NO INFERENCE OF LIABILITY.—Liability of

2 the United States shall not be inferred from enact3 ment of or payment under this subsection.

4 (b) LIMITATION ON FILING OF CLAIMS.—The Sec5 retary of the Treasury shall not pay any claim filed under

6 this section that is filed later than 120 days after the date

7 of the enactment of this Act.

8 (c) LIMITATION.—Payments under subsection (a)

9 shall not include attorney fees or costs incurred with re10 spect to any Congressional hearing or investigation into

11 the termination of employment of the former employees

12 of the White House Travel Office.

13 (d) REDUCTION.—The amount paid pursuant to this

14 section to an individual for attorney fees and costs de15 scribed in subsection (a) shall be reduced by any amount

16 received before the date of the enactment of this Act, with17 out obligation for repayment by the individual, for pay18 ment of such attorney fees and costs (including any

19 amount received from the funds appropriated for the indi20 vidual in the matter relating to the ‘‘Office of the General

21 Counsel’’ under the heading ‘‘Office of the Secretary’’ in

22 title I of the Department of Transportation and Related

23 Agencies Appropriations Act, 1994).

24 (e) PAYMENT IN FULL SETTLEMENT OF CLAIMS

25 AGAINST THE UNITED STATES.—Payment under this sec-
473

SJ 63 PCS

1 tion, when accepted by an individual described in sub2 section (a), shall be in full satisfaction of all claims of,

3 or on behalf of, the individual against the United States

4 that arose out of the termination of the White House

5 Travel Office employment of that individual on May 19,

6 1993.

7 SEC. 527. None of the funds made available in this

8 Act may be used by the Executive Office of the President

9 to request from the Federal Bureau of Investigation any

10 official background investigation report on any individual,

11 except when it is made known to the Federal official hav12 ing authority to obligate or expend such funds that—

13 (1) such individual has given his or her express

14 written consent for such request not more than 6

15 months prior to the date of such request and during

16 the same presidential administration; or

17 (2) such request is required due to extraor18 dinary circumstances involving national security.

19 SEC. 528. (a) CLOSING OF ALLEY.—The alley bisect20 ing the property on which a facility is being constructed

21 for use by the United States Government at 930 H Street,

22 N.W., Washington, District of Columbia, is closed to the

23 public, without regard to any contingencies.

24 (b) JURISDICTION.—The Administrator of General

25 Services shall have administrative jurisdiction over, and
474

SJ 63 PCS

1 shall hold title on behalf of the United States in, the alley,

2 property, and facility referred to in subsection (a).

3 SEC. 529. (a) COMMEMORATIVE COIN PROGRAM RE4 STRICTIONS.—Section 5112 of title 31, United States

5 Code, as amended by sections 524 and 530 of this Act,

6 is amended by adding at the end the following new sub7 section:

8 ‘‘(m) COMMEMORATIVE COIN PROGRAM RESTRIC9 TIONS.—

10 ‘‘(1) MAXIMUM NUMBER.—Beginning January

11 1, 1999, the Secretary may mint and issue com12 memorative coins under this section during any cal13 endar year with respect to not more than 2 com14 memorative coin programs.

15 ‘‘(2) MINTAGE LEVELS.—

16 ‘‘(A) IN GENERAL.—Except as provided in

17 subparagraph (B), in carrying out any com18 memorative coin program, the Secretary shall

19 mint—

20 ‘‘(i) not more than 750,000 clad half21 dollar coins;

22 ‘‘(ii) not more than 500,000 silver

23 one-dollar coins; and

24 ‘‘(iii) not more than 100,000 gold

25 five-dollar or ten-dollar coins.
475

SJ 63 PCS

1 ‘‘(B) EXCEPTION.—If the Secretary deter2 mines, based on independent, market-based re3 search conducted by a designated recipient or4 ganization of a commemorative coin program,

5 that the mintage levels described in subpara6 graph (A) are not adequate to meet public de7 mand for that commemorative coin, the Sec8 retary may waive one or more of the require9 ments of subparagraph (A) with respect to that

10 commemorative coin program.

11 ‘‘(C) DESIGNATED RECIPIENT ORGANIZA12 TION DEFINED.—For purposes of this para13 graph, the term ‘designated recipient organiza14 tion’ means any organization designated, under

15 any provision of law, as the recipient of any

16 surcharge imposed on the sale of any numis17 matic item.’’.

18 (b) RECOVERY OF MINT EXPENSES REQUIRED BE19 FORE PAYMENT OF SURCHARGES TO ANY RECIPIENT OR20 GANIZATION.—

21 (1) CLARIFICATION OF LAW RELATING TO DE22 POSIT OF SURCHARGES IN THE NUMISMATIC PUBLIC

23 ENTERPRISE FUND.—Section 5134(c)(2) of title 31,

24 United States Code, is amended by inserting ‘‘, in25 cluding amounts attributable to any surcharge im-
476

SJ 63 PCS

1 posed with respect to the sale of any numismatic

2 item’’ before the period.

3 (2) CONDITIONS ON PAYMENT OF SURCHARGES

4 TO RECIPIENT ORGANIZATIONS.—Section 5134 of

5 title 31, United States Code, is amended by adding

6 at the end the following new subsection:

7 ‘‘(f) CONDITIONS ON PAYMENT OF SURCHARGES TO

8 RECIPIENT ORGANIZATIONS.—

9 ‘‘(1) PAYMENT OF SURCHARGES.—Notwith10 standing any other provision of law, no amount de11 rived from the proceeds of any surcharge imposed on

12 the sale of any numismatic item shall be paid from

13 the fund to any designated recipient organization

14 unless—

15 ‘‘(A) all numismatic operation and pro16 gram costs allocable to the program under

17 which such numismatic item is produced and

18 sold have been recovered; and

19 ‘‘(B) the designated recipient organization

20 submits an audited financial statement that

21 demonstrates to the satisfaction of the Sec22 retary of the Treasury that, with respect to all

23 projects or purposes for which the proceeds of

24 such surcharge may be used, the organization

25 has raised funds from private sources for such
477

SJ 63 PCS

1 projects and purposes in an amount that is

2 equal to or greater than the maximum amount

3 the organization may receive from the proceeds

4 of such surcharge.

5 ‘‘(2) ANNUAL AUDITS.—

6 ‘‘(A) ANNUAL AUDITS OF RECIPIENTS RE7 QUIRED.—Each designated recipient organiza8 tion that receives any payment from the fund of

9 any amount derived from the proceeds of any

10 surcharge imposed on the sale of any numis11 matic item shall provide, as a condition for re12 ceiving any such amount, for an annual audit,

13 in accordance with generally accepted govern14 ment auditing standards by an independent

15 public accountant selected by the organization,

16 of all such payments to the organization begin17 ning in the first fiscal year of the organization

18 in which any such amount is received and con19 tinuing until all amounts received by such orga20 nization from the fund with respect to such sur21 charges are fully expended or placed in trust.

22 ‘‘(B) MINIMUM REQUIREMENTS FOR AN23 NUAL AUDITS.—At a minimum, each audit of a

24 designated recipient organization pursuant to

25 subparagraph (A) shall report—
478

SJ 63 PCS

1 ‘‘(i) the amount of payments received

2 by the designated recipient organization

3 from the fund during the fiscal year of the

4 organization for which the audit is con5 ducted that are derived from the proceeds

6 of any surcharge imposed on the sale of

7 any numismatic item;

8 ‘‘(ii) the amount expended by the des9 ignated recipient organization from the

10 proceeds of such surcharges during the fis11 cal year of the organization for which the

12 audit is conducted; and

13 ‘‘(iii) whether all expenditures by the

14 designated recipient organization during

15 the fiscal year of the organization for

16 which the audit is conducted from the pro17 ceeds of such surcharges were for author18 ized purposes.

19 ‘‘(C) RESPONSIBILITY OF ORGANIZATION

20 TO ACCOUNT FOR EXPENDITURES OF SUR21 CHARGES.—Each designated recipient organiza22 tion that receives any payment from the fund of

23 any amount derived from the proceeds of any

24 surcharge imposed on the sale of any numis25 matic item shall take appropriate steps, as a
479

SJ 63 PCS

1 condition for receiving any such payment, to en2 sure that the receipt of the payment and the ex3 penditure of the proceeds of such surcharge by

4 the organization in each fiscal year of the orga5 nization can be accounted for separately from

6 all other revenues and expenditures of the orga7 nization.

8 ‘‘(D) SUBMISSION OF AUDIT REPORT.—

9 Not later than 90 days after the end of any fis10 cal year of a designated recipient organization

11 for which an audit is required under subpara12 graph (A), the organization shall—

13 ‘‘(i) submit a copy of the report to the

14 Secretary of the Treasury; and

15 ‘‘(ii) make a copy of the report avail16 able to the public.

17 ‘‘(E) USE OF SURCHARGES FOR AUDITS.—

18 Any designated recipient organization that re19 ceives any payment from the fund of any

20 amount derived from the proceeds of any sur21 charge imposed on the sale of any numismatic

22 item may use the amount received to pay the

23 cost of an audit required under subparagraph

24 (A).
480

SJ 63 PCS

1 ‘‘(F) WAIVER OF PARAGRAPH.—The Sec2 retary of the Treasury may waive the applica3 tion of any subparagraph of this paragraph to

4 any designated recipient organization for any

5 fiscal year after taking into account the amount

6 of surcharges that such organization received or

7 expended during such year.

8 ‘‘(G) NONAPPLICABILITY TO FEDERAL EN9 TITIES.—This paragraph shall not apply to any

10 Federal agency or department or any independ11 ent establishment in the executive branch that

12 receives any payment from the fund of any

13 amount derived from the proceeds of any sur14 charge imposed on the sale of any numismatic

15 item.

16 ‘‘(H) AVAILABILITY OF BOOKS AND

17 RECORDS.—An organization that receives any

18 payment from the fund of any amount derived

19 from the proceeds of any surcharge imposed on

20 the sale of any numismatic item shall provide,

21 as a condition for receiving any such payment,

22 to the Inspector General of the Department of

23 the Treasury or the Comptroller General of the

24 United States, upon the request of such Inspec25 tor General or the Comptroller General, all
481

SJ 63 PCS

1 books, records, and work papers belonging to or

2 used by the organization, or by any independent

3 public accountant who audited the organization

4 in accordance with subparagraph (A), which

5 may relate to the receipt or expenditure of any

6 such amount by the organization.

7 ‘‘(3) USE OF AGENTS OR ATTORNEYS TO IN8 FLUENCE COMMEMORATIVE COIN LEGISLATION.—No

9 portion of any payment from the fund to any des10 ignated recipient organization of any amount derived

11 from the proceeds of any surcharge imposed on the

12 sale of any numismatic item may be used, directly

13 or indirectly, by the organization to compensate any

14 agent or attorney for services rendered to support or

15 influence in any way legislative action of the Con16 gress relating to such numismatic item.

17 ‘‘(4) DESIGNATED RECIPIENT ORGANIZATION

18 DEFINED.—For purposes of this subsection, the

19 term ‘designated recipient organization’ means any

20 organization designated, under any provision of law,

21 as the recipient of any surcharge imposed on the

22 sale of any numismatic item.’’.

23 (3) SCOPE OF APPLICATION.—The amendments

24 made by this section shall apply with respect to the

25 proceeds of any surcharge imposed on the sale of
482

SJ 63 PCS

1 any numismatic item that are deposited in the Nu2 mismatic Public Enterprise Fund after the date of

3 the enactment of this Act.

4 (4) REPEAL OF EXISTING RECIPIENT REPORT

5 REQUIREMENT.—Section 303 of Public Law 103–

6 186 (31 U.S.C. 5112 note) is repealed.

7 (c) QUARTERLY FINANCIAL REPORTS.—Section

8 5134 of title 31, United States Code, is amended by add9 ing at the end the following new subsection:

10 ‘‘(g) QUARTERLY FINANCIAL REPORTS.—

11 ‘‘(1) IN GENERAL.—Not later than the 30th

12 day of each month following each calendar quarter

13 through and including the final period of sales with

14 respect to any commemorative coin program author15 ized on or after the date of enactment of the Treas16 ury, Postal Service, and General Government Appro17 priations Act, 1997, the Mint shall submit to the

18 Congress a quarterly financial report in accordance

19 with this subsection.

20 ‘‘(2) REQUIREMENTS.—Each report submitted

21 under paragraph (1) shall include, with respect to

22 the calendar quarter at issue—

23 ‘‘(A) a detailed financial statement, pre24 pared in accordance with generally accepted ac25 counting principles, that includes financial in-
483

SJ 63 PCS

1 formation specific to that quarter, as well as cu2 mulative financial information relating to the

3 entire program;

4 ‘‘(B) a detailed accounting of—

5 ‘‘(i) all costs relating to marketing ef6 forts;

7 ‘‘(ii) all funds projected for marketing

8 use;

9 ‘‘(iii) all costs for employee travel re10 lating to the promotion of commemorative

11 coin programs;

12 ‘‘(iv) all numismatic items minted,

13 sold, not sold, and rejected during the pro14 duction process; and

15 ‘‘(v) the costs of melting down all re16 jected and unsold products;

17 ‘‘(C) adequate market-based research for

18 all commemorative coin programs; and

19 ‘‘(D) a description of the efforts of the

20 Mint in keeping the sale price of numismatic

21 items as low as practicable.’’.

22 (d) CITIZENS COMMEMORATIVE COIN ADVISORY

23 COMMITTEE.—
484

SJ 63 PCS

1 (1) FIXED TERMS FOR MEMBERS.—Section

2 5135(a)(4) of title 31, United States Code, is

3 amended to read as follows:

4 ‘‘(4) TERMS.—Each member appointed under

5 clause (i) or (iii) of paragraph (3)(A) shall be ap6 pointed for a term of 4 years.’’.

7 (2) CHAIRPERSON.—Section 5135(a) of title

8 31, United States Code, is amended by adding at

9 the end the following new paragraph:

10 ‘‘(7) CHAIRPERSON.—

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), the Chairperson of the Advisory

13 Committee shall be elected by the members of

14 the Advisory Committee from among such

15 members.

16 ‘‘(B) EXCEPTION.—The member appointed

17 pursuant to paragraph (3)(A)(ii) (or the alter18 nate to that member) may not serve as the

19 Chairperson of the Advisory Committee, begin20 ning on June 1, 1999.’’.

21 (e) EFFECTIVE DATE.—This section and the amend22 ments made by this section shall take effect on the date

23 of enactment of this Act.
485

SJ 63 PCS

1 TITLE VI—GENERAL PROVISIONS

2 DEPARTMENTS, AGENCIES, AND CORPORATIONS

3 SECTION 601. Funds appropriated in this or any

4 other Act may be used to pay travel to the United States

5 for the immediate family of employees serving abroad in

6 cases of death or life threatening illness of said employee.

7 SEC. 602. No department, agency, or instrumentality

8 of the United States receiving appropriated funds under

9 this or any other Act for fiscal year 1997 shall obligate

10 or expend any such funds, unless such department, agen11 cy, or instrumentality has in place, and will continue to

12 administer in good faith, a written policy designed to en13 sure that all of its workplaces are free from the illegal

14 use, possession, or distribution of controlled substances

15 (as defined in the Controlled Substances Act) by the offi16 cers and employees of such department, agency, or instru17 mentality.

18 SEC. 603. Notwithstanding 31 U.S.C. 1345, any

19 agency, department or instrumentality of the United

20 States which provides or proposes to provide child care

21 services for Federal employees may reimburse any Federal

22 employee or any person employed to provide such services

23 for travel, transportation, and subsistence expenses in24 curred for training classes, conferences or other meetings

25 in connection with the provision of such services: Provided,
486

SJ 63 PCS

1 That any per diem allowance made pursuant to this sec2 tion shall not exceed the rate specified in regulations pre3 scribed pursuant to section 5707 of title 5, United States

4 Code.

5 SEC. 604. Unless otherwise specifically provided, the

6 maximum amount allowable during the current fiscal year

7 in accordance with section 16 of the Act of August 2, 1946

8 (60 Stat. 810), for the purchase of any passenger motor

9 vehicle (exclusive of buses, ambulances, law enforcement,

10 and undercover surveillance vehicles), is hereby fixed at

11 $8,100 except station wagons for which the maximum

12 shall be $9,100: Provided, That these limits may be ex13 ceeded by not to exceed $3,700 for police-type vehicles,

14 and by not to exceed $4,000 for special heavy-duty vehi15 cles: Provided further, That the limits set forth in this sec16 tion may not be exceeded by more than 5 percent for elec17 tric or hybrid vehicles purchased for demonstration under

18 the provisions of the Electric and Hybrid Vehicle Re19 search, Development, and Demonstration Act of 1976:

20 Provided further, That the limits set forth in this section

21 may be exceeded by the incremental cost of clean alter22 native fuels vehicles acquired pursuant to Public Law

23 101–549 over the cost of comparable conventionally fueled

24 vehicles.
487

SJ 63 PCS

1 SEC. 605. Appropriations of the executive depart2 ments and independent establishments for the current fis3 cal year available for expenses of travel or for the expenses

4 of the activity concerned, are hereby made available for

5 quarters allowances and cost-of-living allowances, in ac6 cordance with 5 U.S.C. 5922–24.

7 SEC. 606. Unless otherwise specified during the cur8 rent fiscal year, no part of any appropriation contained

9 in this or any other Act shall be used to pay the compensa10 tion of any officer or employee of the Government of the

11 United States (including any agency the majority of the

12 stock of which is owned by the Government of the United

13 States) whose post of duty is in the continental United

14 States unless such person (1) is a citizen of the United

15 States, (2) is a person in the service of the United States

16 on the date of enactment of this Act who, being eligible

17 for citizenship, has filed a declaration of intention to be18 come a citizen of the United States prior to such date and

19 is actually residing in the United States, (3) is a person

20 who owes allegiance to the United States, (4) is an alien

21 from Cuba, Poland, South Vietnam, the countries of the

22 former Soviet Union, or the Baltic countries lawfully ad23 mitted to the United States for permanent residence, (5)

24 is a South Vietnamese, Cambodian, or Laotian refugee pa25 roled in the United States after January 1, 1975, or (6)
488

SJ 63 PCS

1 is a national of the People’s Republic of China who

2 qualifys for adjustment of status pursuant to the Chinese

3 Student Protection Act of 1992: Provided, That for the

4 purpose of this section, an affidavit signed by any such

5 person shall be considered prima facie evidence that the

6 requirements of this section with respect to his or her sta7 tus have been complied with: Provided further, That any

8 person making a false affidavit shall be guilty of a felony,

9 and, upon conviction, shall be fined no more than $4,000

10 or imprisoned for not more than 1 year, or both: Provided

11 further, That the above penal clause shall be in addition

12 to, and not in substitution for, any other provisions of ex13 isting law: Provided further, That any payment made to

14 any officer or employee contrary to the provisions of this

15 section shall be recoverable in action by the Federal Gov16 ernment. This section shall not apply to citizens of Ire17 land, Israel, or the Republic of the Philippines, or to na18 tionals of those countries allied with the United States in

19 the current defense effort, or to international broadcasters

20 employed by the United States Information Agency, or to

21 temporary employment of translators, or to temporary em22 ployment in the field service (not to exceed 60 days) as

23 a result of emergencies.

24 SEC. 607. Appropriations available to any depart25 ment or agency during the current fiscal year for nec-
489

SJ 63 PCS

1 essary expenses, including maintenance or operating ex2 penses, shall also be available for payment to the General

3 Services Administration for charges for space and services

4 and those expenses of renovation and alteration of build5 ings and facilities which constitute public improvements

6 performed in accordance with the Public Buildings Act of

7 1959 (73 Stat. 749), the Public Buildings Amendments

8 of 1972 (87 Stat. 216), or other applicable law.

9 SEC. 608. In addition to funds provided in this or

10 any other Act, all Federal agencies are authorized to re11 ceive and use funds resulting from the sale of materials,

12 including Federal records disposed of pursuant to a

13 records schedule recovered through recycling or waste pre14 vention programs. Such funds shall be available until ex15 pended for the following purposes:

16 (1) Acquisition, waste reduction and prevention,

17 and recycling programs as described in Executive

18 Order 12873 (October 20, 1993), including any such

19 programs adopted prior to the effective date of the

20 Executive Order.

21 (2) Other Federal agency environmental man22 agement programs, including, but not limited to, the

23 development and implementation of hazardous waste

24 management and pollution prevention programs.
490

SJ 63 PCS

1 (3) Other employee programs as authorized by

2 law or as deemed appropriate by the head of the

3 Federal agency.

4 SEC. 609. Funds made available by this or any other

5 Act for administrative expenses in the current fiscal year

6 of the corporations and agencies subject to chapter 91 of

7 title 31, United States Code, shall be available, in addition

8 to objects for which such funds are otherwise available,

9 for rent in the District of Columbia; services in accordance

10 with 5 U.S.C. 3109; and the objects specified under this

11 head, all the provisions of which shall be applicable to the

12 expenditure of such funds unless otherwise specified in the

13 Act by which they are made available: Provided, That in

14 the event any functions budgeted as administrative ex15 penses are subsequently transferred to or paid from other

16 funds, the limitations on administrative expenses shall be

17 correspondingly reduced.

18 SEC. 610. No part of any appropriation for the cur19 rent fiscal year contained in this or any other Act shall

20 be paid to any person for the filling of any position for

21 which he or she has been nominated after the Senate has

22 voted not to approve the nomination of said person.

23 SEC. 611. For the fiscal year ending September 30,

24 1997, and thereafter, any department or agency to which

25 the Administrator of General Services has delegated the
491

SJ 63 PCS

1 authority to operate, maintain or repair any building or

2 facility pursuant to section 205(d) of the Federal Property

3 and Administrative Services Act of 1949, as amended,

4 shall retain that portion of the GSA rental payment avail5 able for operation, maintenance or repair of the building

6 or facility, as determined by the Administrator, and ex7 pend such funds directly for the operation, maintenance

8 or repair of the building or facility. Any funds retained

9 under this section shall remain available until expended

10 for such purposes.

11 SEC. 612. (a) IN GENERAL.—Section 1306 of title

12 31, United States Code, is amended to read as follows:

13 ‘‘§ 1306. Use of foreign credits

14 ‘‘(a) IN GENERAL.—Foreign credits (including cur15 rencies) owed to or owned by the United States may be

16 used by any agency for any purpose for which appropria17 tions are made for the agency for the current fiscal year

18 (including the carrying out of Acts requiring or authoriz19 ing the use of such credits), but only when reimbursement

20 therefor is made to the Treasury from applicable appro21 priations of the agency.

22 ‘‘(b) EXCEPTION TO REIMBURSEMENT REQUIRE23 MENT.—Credits described in subsection (a) that are re24 ceived as exchanged allowances, or as the proceeds of the

25 sale of personal property, may be used in whole or partial
492

SJ 63 PCS

1 payment for the acquisition of similar items, to the extent

2 and in the manner authorized by law, without reimburse3 ment to the Treasury.’’.

4 (b) APPLICABILITY.—The amendment made by this

5 section shall take effect on the date of the enactment of

6 this Act and shall apply thereafter.

7 SEC. 613. No part of any appropriation contained in

8 this or any other Act shall be available for interagency

9 financing of boards (except Federal Executive Boards),

10 commissions, councils, committees, or similar groups

11 (whether or not they are interagency entities) which do

12 not have a prior and specific statutory approval to receive

13 financial support from more than one agency or instru14 mentality.

15 SEC. 614. Funds made available by this or any other

16 Act to the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall

17 be available for employment of guards for all buildings and

18 areas owned or occupied by the Postal Service and under

19 the charge and control of the Postal Service, and such

20 guards shall have, with respect to such property, the pow21 ers of special policemen provided by the first section of

22 the Act of June 1, 1948, as amended (62 Stat. 281; 40

23 U.S.C. 318), and, as to property owned or occupied by

24 the Postal Service, the Postmaster General may take the

25 same actions as the Administrator of General Services
493

SJ 63 PCS

1 may take under the provisions of sections 2 and 3 of the

2 Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.

3 318a, 318b), attaching thereto penal consequences under

4 the authority and within the limits provided in section 4

5 of the Act of June 1, 1948, as amended (62 Stat. 281;

6 40 U.S.C. 318c).

7 SEC. 615. None of the funds made available pursuant

8 to the provisions of this Act shall be used to implement,

9 administer, or enforce any regulation which has been dis10 approved pursuant to a resolution of disapproval duly

11 adopted in accordance with the applicable law of the Unit12 ed States.

13 SEC. 616. (a) Notwithstanding any other provision

14 of law, and except as otherwise provided in this section,

15 no part of any of the funds appropriated for the fiscal

16 year ending on September 30, 1997, by this or any other

17 Act, may be used to pay any prevailing rate employee de18 scribed in section 5342(a)(2)(A) of title 5, United States

19 Code—

20 (1) during the period from the date of expira21 tion of the limitation imposed by section 616 of the

22 Treasury, Postal Service and General Government

23 Appropriations Act, 1996, until the normal effective

24 date of the applicable wage survey adjustment that

25 is to take effect in fiscal year 1997, in an amount
494

SJ 63 PCS

1 that exceeds the rate payable for the applicable

2 grade and step of the applicable wage schedule in

3 accordance with such section 616; and

4 (2) during the period consisting of the remain5 der of fiscal year 1997, in an amount that exceeds,

6 as a result of a wage survey adjustment, the rate

7 payable under paragraph (1) by more than the sum

8 of—

9 (A) the percentage adjustment taking ef10 fect in fiscal year 1997 under section 5303 of

11 title 5, United States Code, in the rates of pay

12 under the General Schedule; and

13 (B) the difference between the overall aver14 age percentage of the locality-based comparabil15 ity payments taking effect in fiscal year 1997

16 under section 5304 of such title (whether by

17 adjustment or otherwise), and the overall aver18 age percentage of such payments which was ef19 fective in fiscal year 1996 under such section.

20 (b) Notwithstanding any other provision of law, no

21 prevailing rate employee described in subparagraph (B) or

22 (C) of section 5342(a)(2) of title 5, United States Code,

23 and no employee covered by section 5348 of such title,

24 may be paid during the periods for which subsection (a)

25 is in effect at a rate that exceeds the rates that would
495

SJ 63 PCS

1 be payable under subsection (a) were subsection (a) appli2 cable to such employee.

3 (c) For the purposes of this section, the rates payable

4 to an employee who is covered by this section and who

5 is paid from a schedule not in existence on September 30,

6 1996, shall be determined under regulations prescribed by

7 the Office of Personnel Management.

8 (d) Notwithstanding any other provision of law, rates

9 of premium pay for employees subject to this section may

10 not be changed from the rates in effect on September 30,

11 1996, except to the extent determined by the Office of

12 Personnel Management to be consistent with the purpose

13 of this section.

14 (e) This section shall apply with respect to pay for

15 service performed after September 30, 1996.

16 (f) For the purpose of administering any provision

17 of law (including section 8431 of title 5, United States

18 Code, and any rule or regulation that provides premium

19 pay, retirement, life insurance, or any other employee ben20 efit) that requires any deduction or contribution, or that

21 imposes any requirement or limitation on the basis of a

22 rate of salary or basic pay, the rate of salary or basic pay

23 payable after the application of this section shall be treat24 ed as the rate of salary or basic pay.
496

SJ 63 PCS

1 (g) Nothing in this section shall be considered to per2 mit or require the payment to any employee covered by

3 this section at a rate in excess of the rate that would be

4 payable were this section not in effect.

5 (h) The Office of Personnel Management may provide

6 for exceptions to the limitations imposed by this section

7 if the Office determines that such exceptions are necessary

8 to ensure the recruitment or retention of qualified employ9 ees.

10 SEC. 617. During the period in which the head of

11 any department or agency, or any other officer or civilian

12 employee of the Government appointed by the President

13 of the United States, holds office, no funds may be obli14 gated or expended in excess of $5,000 to furnish or re15 decorate the office of such department head, agency head,

16 officer or employee, or to purchase furniture or make im17 provements for any such office, unless advance notice of

18 such furnishing or redecoration is expressly approved by

19 the Committees on Appropriations of the House and Sen20 ate. For the purposes of this section, the word ‘‘office’’

21 shall include the entire suite of offices assigned to the indi22 vidual, as well as any other space used primarily by the

23 individual or the use of which is directly controlled by the

24 individual.
497

SJ 63 PCS

1 SEC. 618. Notwithstanding any other provision of

2 law, no executive branch agency shall purchase, construct,

3 and/or lease any additional facilities, except within or con4 tiguous to existing locations, to be used for the purpose

5 of conducting Federal law enforcement training without

6 the advance approval of the House and Senate Committees

7 on Appropriations.

8 SEC. 619. Notwithstanding section 1346 of title 31,

9 United States Code, or section 613 of this Act, funds

10 made available for fiscal year 1997 by this or any other

11 Act shall be available for the interagency funding of na12 tional security and emergency preparedness telecommuni13 cations initiatives which benefit multiple Federal depart14 ments, agencies, or entities, as provided by Executive

15 Order Numbered 12472 (April 3, 1984).

16 SEC. 620. (a) None of the funds appropriated by this

17 or any other Act may be obligated or expended by any

18 Federal department, agency, or other instrumentality for

19 the salaries or expenses of any employee appointed to a

20 position of a confidential or policy-determining character

21 excepted from the competitive service pursuant to section

22 3302 of title 5, United States Code, without a certification

23 to the Office of Personnel Management from the head of

24 the Federal department, agency, or other instrumentality

25 employing the Schedule C appointee that the Schedule C
498

SJ 63 PCS

1 position was not created solely or primarily in order to

2 detail the employee to the White House.

3 (b) The provisions of this section shall not apply to

4 Federal employees or members of the armed services de5 tailed to or from—

6 (1) the Central Intelligence Agency;

7 (2) the National Security Agency;

8 (3) the Defense Intelligence Agency;

9 (4) the offices within the Department of De10 fense for the collection of specialized national foreign

11 intelligence through reconnaissance programs;

12 (5) the Bureau of Intelligence and Research of

13 the Department of State;

14 (6) any agency, office, or unit of the Army,

15 Navy, Air Force, and Marine Corps, the Federal Bu16 reau of Investigation and the Drug Enforcement Ad17 ministration of the Department of Justice, the De18 partment of Transportation, the Department of the

19 Treasury, and the Department of Energy perform20 ing intelligence functions; and

21 (7) the Director of Central Intelligence.

22 SEC. 621. No department, agency, or instrumentality

23 of the United States receiving appropriated funds under

24 this or any other Act for fiscal year 1997 shall obligate

25 or expend any such funds, unless such department, agency
499

SJ 63 PCS

1 or instrumentality has in place, and will continue to ad2 minister in good faith, a written policy designed to ensure

3 that all of its workplaces are free from discrimination and

4 sexual harassment and that all of its workplaces are not

5 in violation of title VII of the Civil Rights Act of 1964,

6 as amended, the Age Discrimination in Employment Act

7 of 1967, and the Rehabilitation Act of 1973.

8 SEC. 622. No part of any appropriation contained in

9 this Act may be used to pay for the expenses of travel

10 of employees, including employees of the Executive Office

11 of the President, not directly responsible for the discharge

12 of official governmental tasks and duties: Provided, That

13 this restriction shall not apply to the family of the Presi14 dent, Members of Congress or their spouses, Heads of

15 State of a foreign country or their designees, persons pro16 viding assistance to the President for official purposes, or

17 other individuals so designated by the President.

18 SEC. 623. Notwithstanding any provision of law, the

19 President, or his designee, must certify to Congress, annu20 ally, that no person or persons with direct or indirect re21 sponsibility for administering the Executive Office of the

22 President’s Drug-Free Workplace Plan are themselves

23 subject to a program of individual random drug testing.

24 SEC. 624. (a) None of the funds made available in

25 this Act or any other Act may be obligated or expended
500

SJ 63 PCS

1 for any employee training when it is made known to the

2 Federal official having authority to obligate or expend

3 such funds that such employee training—

4 (1) does not meet identified needs for knowl5 edge, skills, and abilities bearing directly upon the

6 performance of official duties;

7 (2) contains elements likely to induce high lev8 els of emotional response or psychological stress in

9 some participants;

10 (3) does not require prior employee notification

11 of the content and methods to be used in the train12 ing and written end of course evaluation;

13 (4) contains any methods or content associated

14 with religious or quasi-religious belief systems or

15 ‘‘new age’’ belief systems as defined in Equal Em16 ployment Opportunity Commission Notice N–

17 915.022, dated September 2, 1988;

18 (5) is offensive to, or designed to change, par19 ticipants’ personal values or lifestyle outside the

20 workplace; or

21 (6) includes content related to human

22 immunodeficiency virus/acquired immune deficiency

23 syndrome (HIV/AIDS) other than that necessary to

24 make employees more aware of the medical ramifica-
501

SJ 63 PCS

1 tions of HIV/AIDS and the workplace rights of

2 HIV-positive employees.

3 (b) Nothing in this section shall prohibit, restrict, or

4 otherwise preclude an agency from conducting training

5 bearing directly upon the performance of official duties.

6 SEC. 625. No funds appropriated in this or any other

7 Act for fiscal year 1997 may be used to implement or en8 force the agreements in Standard Forms 312 and 4355

9 of the Government or any other nondisclosure policy,

10 form, or agreement if such policy, form, or agreement does

11 not contain the following provisions: ‘‘These restrictions

12 are consistent with and do not supersede, conflict with,

13 or otherwise alter the employee obligations, rights, or li14 abilities created by Executive Order 12356; section 7211

15 of title 5, United States Code (governing disclosures to

16 Congress); section 1034 of title 10, United States Code,

17 as amended by the Military Whistleblower Protection Act

18 (governing disclosure to Congress by members of the mili19 tary); section 2302(b)(8) of title 5, United States Code,

20 as amended by the Whistleblower Protection Act (govern21 ing disclosures of illegality, waste, fraud, abuse or public

22 health or safety threats); the Intelligence Identities Pro23 tection Act of 1982 (50 U.S.C. 421 et seq.) (governing

24 disclosures that could expose confidential Government

25 agents); and the statutes which protect against disclosure
502

SJ 63 PCS

1 that may compromise the national security, including sec2 tions 641, 793, 794, 798, and 952 of title 18, United

3 States Code, and section 4(b) of the Subversive Activities

4 Act of 1950 (50 U.S.C. section 783(b)). The definitions,

5 requirements, obligations, rights, sanctions, and liabilities

6 created by said Executive Order and listed statutes are

7 incorporated into this agreement and are controlling.’’:

8 Provided, That notwithstanding the preceding paragraph,

9 a nondisclosure policy form or agreement that is to be exe10 cuted by a person connected with the conduct of an intel11 ligence or intelligence-related activity, other than an em12 ployee or officer of the United States Government, may

13 contain provisions appropriate to the particular activity

14 for which such document is to be used. Such form or

15 agreement shall, at a minimum, require that the person

16 will not disclose any classified information received in the

17 course of such activity unless specifically authorized to do

18 so by the United States Government. Such nondisclosure

19 forms shall also make it clear that they do not bar disclo20 sures to Congress or to an authorized official of an execu21 tive agency or the Department of Justice that are essential

22 to reporting a substantial violation of law.

23 SEC. 626. (a) None of the funds appropriated by this

24 or any other Act may be expended by any Federal Agency

25 to procure any product or service subject to section 5124
503

SJ 63 PCS

1 of Public Law 104–106 and that will be available under

2 the procurement by the Administrator of General Services

3 known as ‘‘FTS2000’’ unless—

4 (1) such product or service is procured by the

5 Administrator of General Services as part of the

6 procurement known as ‘‘FTS2000’’; or

7 (2) that agency establishes to the satisfaction of

8 the Administrator of General Services that—

9 (A) that agency’s requirements for such

10 procurement are unique and cannot be satisfied

11 by property and service procured by the Admin12 istrator of General Services as part of the pro13 curement known as ‘‘FTS2000’’; and

14 (B) the agency procurement, pursuant to

15 such delegation, would be cost-effective and

16 would not adversely affect the cost-effectiveness

17 of the FTS2000 procurement.

18 (b) After December 31, 1998, subsection (a) shall

19 apply only if the Administrator of General Services has

20 reported that the FTS2000 procurement is producing

21 prices that allow the Government to satisfy its require22 ments for such procurement in the most cost-effective

23 manner.
504

SJ 63 PCS

1 SEC. 627. Subsection (f) of section 403 of Public Law

2 103–356 is amended by deleting ‘‘October 1, 1999’’ and

3 inserting ‘‘October 1, 2001’’.

4 SEC. 628. (a) IN GENERAL.—Notwithstanding any

5 other provision of law, none of the funds made available

6 by this Act for the Department of the Treasury shall be

7 available for any activity or for paying the salary of any

8 Government employee where funding an activity or paying

9 a salary to a Government employee would result in a deci10 sion, determination, rule, regulation, or policy that would

11 permit the Secretary of the Treasury to make any loan

12 or extension of credit under section 5302 of title 31,

13 United States Code, with respect to a single foreign entity

14 or government of a foreign country (including agencies or

15 other entities of that government)—

16 (1) with respect to a loan or extension of credit

17 for more than 60 days, unless the President certifies

18 to the Committee on Banking, Housing, and Urban

19 Affairs of the Senate and the Committee on Banking

20 and Financial Services of the House of Representa21 tives that—

22 (A) there is no projected cost (as that term

23 is defined in section 502 of the Federal Credit

24 Reform Act of 1990) to the United States from

25 the proposed loan or extension of credit; and
505

SJ 63 PCS

1 (B) any proposed obligation or expenditure

2 of United States funds to or on behalf of the

3 foreign government is adequately backed by an

4 assured source of repayment to ensure that all

5 United States funds will be repaid; and

6 (2) other than as provided by an Act of Con7 gress, if that loan or extension of credit would result

8 in expenditures and obligations, including contingent

9 obligations, aggregating more than $1,000,000,000

10 with respect to that foreign country for more than

11 180 days during the 12-month period beginning on

12 the date on which the first such action is taken.

13 (b) WAIVER OF LIMITATIONS.—The President may

14 exceed the dollar and time limitations in subsection (a)(2)

15 if he certifies in writing to the Congress that a financial

16 crisis in that foreign country poses a threat to vital United

17 States economic interests or to the stability of the inter18 national financial system.

19 (c) EXPEDITED PROCEDURES FOR A RESOLUTION OF

20 DISAPPROVAL.—A presidential certification pursuant to

21 subsection (b) shall not take effect, if the Congress, within

22 30 calendar days after receiving such certification, enacts

23 a joint resolution of disapproval, as described in paragraph

24 (5) of this subsection.
506

SJ 63 PCS

1 (1) REFERENCE TO COMMITTEES.—All joint

2 resolutions introduced in the Senate to disapprove

3 the certification shall be referred to the Committee

4 on Banking, Housing, and Urban Affairs, and in the

5 House of Representatives, to the appropriate com6 mittees.

7 (2) DISCHARGE OF COMMITTEES.—(A) If the

8 committee of either House to which a resolution has

9 been referred has not reported it at the end of 15

10 days after its introduction, it is in order to move ei11 ther to discharge the committee from further consid12 eration of the joint resolution or to discharge the

13 committee from further consideration of any other

14 resolution introduced with respect to the same mat15 ter, except no motion to discharge shall be in order

16 after the committee has reported a joint resolution

17 with respect to the same matter.

18 (B) A motion to discharge may be made only by

19 an individual favoring the resolution, and is privi20 leged in the Senate; and debate thereon shall be lim21 ited to not more than 1 hour, the time to be divided

22 in the Senate equally between, and controlled by, the

23 majority leader and the minority leader or their des24 ignees.
507

SJ 63 PCS

1 (3) FLOOR CONSIDERATION IN THE SENATE.—

2 (A) A motion in the Senate to proceed to the consid3 eration of a resolution shall be privileged.

4 (B) Debate in the Senate on a resolution, and

5 all debatable motions and appeals in connection

6 therewith, shall be limited to not more than 4 hours,

7 to be equally divided between, and controlled by, the

8 majority leader and the minority leader or their des9 ignees.

10 (C) Debate in the Senate on any debatable mo11 tion or appeal in connection with a resolution shall

12 be limited to not more than 20 minutes, to be equal13 ly divided between, and controlled by, the mover and

14 the manager of the resolution, except that in the

15 event the manager of the resolution is in favor of

16 any such motion or appeal, the time in opposition

17 thereto, shall be controlled by the minority leader or

18 his designee. Such leaders, or either of them, may,

19 from time under their control on the passage of a

20 resolution, allot additional time to any Senator dur21 ing the consideration of any debatable motion or ap22 peal.

23 (D) A motion in the Senate to further limit de24 bate on a resolution, debatable motion, or appeal is
508

SJ 63 PCS

1 not debatable. No amendment to, or motion to re2 commit, a resolution is in order in the Senate.

3 (4) In the case of a resolution, if prior to the

4 passage by one House of a resolution of that House,

5 that House receives a resolution with respect to the

6 same matter from the other House, then—

7 (A) the procedure in that House shall be

8 the same as if no resolution had been received

9 from the other House; but

10 (B) the vote on final passage shall be on

11 the resolution of the other House.

12 (5) For purposes of this subsection, the term

13 ‘‘joint resolution’’ means only a joint resolution of

14 the 2 Houses of Congress, the matter after the re15 solving clause of which is as follows: ‘‘That the Con16 gress disapproves the action of the President under

17 section 628(c) of the Treasury, Postal Service, and

18 General Government Appropriations Act, 1997, no19 tice of which was submitted to the Congress on

20 lllllll.’’, with the blank space being filled

21 with the appropriate date.

22 (d) APPLICABILITY.—This section—

23 (1) shall not apply to any action taken as part

24 of the program of assistance to Mexico announced

25 by the President on January 31, 1995; and
509

SJ 63 PCS

1 (2) shall remain in effect through fiscal year

2 1997.

3 SEC. 629. (a) TECHNICAL AMENDMENT.—Section

4 640 of Public Law 104–52 (109 Stat. 513) is amended

5 by striking ‘‘Service performed’’ and inserting ‘‘Hereafter,

6 service performed’’.

7 (b) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall take effect as if included in Public

9 Law 104–52 on the date of its enactment.

10 SEC. 630. Notwithstanding any other provision of

11 law, no part of any appropriation contained in this Act

12 for any fiscal year shall be available for paying Sunday

13 premium or differential pay to any employee unless such

14 employee actually performed work during the time cor15 responding to such premium or differential pay.

16 SEC. 631. No part of any funds appropriated in this

17 or any other Act shall be used by an agency of the execu18 tive branch, other than for normal and recognized execu19 tive-legislative relationships, for publicity or propaganda

20 purposes, and for the preparation, distribution or use of

21 any kit, pamphlet, booklet, publication, radio, television or

22 film presentation designed to support or defeat legislation

23 pending before the Congress, except in presentation to the

24 Congress itself.
510

SJ 63 PCS

1 SEC. 632.(a) The United States Courthouse under

2 construction at 1030 Southwest 3d Avenue in Portland,

3 Oregon, shall be known and designated as the ‘‘Mark O.

4 Hatfield United States Courthouse’’.

5 (b) Any reference in a law, map, regulation, docu6 ment, paper, or other record of the United States to the

7 courthouse referred to in section 901 shall be deemed to

8 be a reference to the ‘‘Mark O. Hatfield United States

9 Courthouse’’.

10 (c) This section shall take effect on January 2, 1997.

11 SEC. 633. SURVIVOR ANNUITY RESUMPTION UPON

12 TERMINATION OF MARRIAGE.—(a) AMENDMENTS.—

13 (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec14 tion 8341(e) of title 5, United States Code, is

15 amended by adding at the end the following:

16 ‘‘(4) If the annuity of a child under this subchapter

17 terminates under paragraph (3)(E) because of marriage,

18 then, if such marriage ends, such annuity shall resume

19 on the first day of the month in which it ends, but only

20 if—

21 ‘‘(A) any lump sum paid is returned to the

22 Fund; and

23 ‘‘(B) that individual is not otherwise ineligible

24 for such annuity.’’.
511

SJ 63 PCS

1 (2) FEDERAL EMPLOYEES’ RETIREMENT SYS2 TEM.—Section 8443(b) of such title is amended by

3 adding at the end the following: ‘‘If the annuity of

4 a child under this subchapter terminates under sub5 paragraph (E) because of marriage, then, if such

6 marriage ends, such annuity shall resume on the

7 first day of the month in which it ends, but only

8 if any lump sum paid is returned to the Fund, and

9 that individual is not otherwise ineligible for such

10 annuity.’’.

11 (3) FEDERAL EMPLOYEES HEALTH BENE12 FITS.—Section 8908 of title 5, United States Code,

13 is amended by adding at the end of the following

14 new subsection:

15 ‘‘(d) A surviving child whose survivor annuity under

16 section 8341(e) or 8443(b) was terminated and is later

17 restored under paragraph (4) of section 8341(e) or the

18 last sentence of section 8443(b) may, under regulations

19 prescribed by the Office, enroll in a health benefits plan

20 described by section 8903 or 8903a if such surviving child

21 was covered by any such plan immediately before such an22 nuity was terminated.’’.

23 (b) APPLICABILITY.—The amendments made by sub24 section (a) shall apply with respect to any termination of

25 marriage taking effect before, on, or after the date of en-
512

SJ 63 PCS

1 actment of this Act, except that benefits shall be payable

2 only with respect to amounts accruing for periods begin3 ning on the first day of the month beginning after the

4 later of such termination of marriage or such date of en5 actment.

6 SEC. 634. AVAILABILITY OF ANNUAL LEAVE FOR

7 EMPLOYEES AFFECTED BY REDUCTION IN FORCE.—Sec8 tion 6302 of title 5, United States Code, is amended by

9 adding at the end of the following new subsection:

10 ‘‘(g) An employee who is being involuntarily sepa11 rated from an agency due to a reduction in force or trans12 fer of function under subchapter I of chapter 35 may elect

13 to use annual leave to the employee’s credit to remain on

14 the agency’s rolls after the date the employee would other15 wise have been separated if, and only to the extent that,

16 such additional time in a pay status will enable the em17 ployee to qualify for an immediate annuity under section

18 8336, 8412, 8414, or to qualify to carry health benefits

19 coverage into retirement under section 8905(b).’’.

20 SEC. 635. Section 207(e)(6)(B) of title 18, United

21 States Code, is amended by striking ‘‘level V of the Execu22 tive Schedule’’ and inserting ‘‘level 5 of the Senior Execu23 tive Service’’.

24 SEC. 636. REIMBURSEMENTS RELATING TO PROFES25 SIONAL LIABILITY INSURANCE.—(a) AUTHORITY.—Not-
513

SJ 63 PCS

1 withstanding any other provision of law, amounts appro2 priated by this Act (or any other Act for fiscal year 1997

3 or any fiscal year thereafter) for salaries and expenses

4 may be used to reimburse any qualified employee for not

5 to exceed one-half the costs incurred by such employee for

6 professional liability insurance. A payment under this sec7 tion shall be contingent upon the submission of such infor8 mation or documentation as the employing agency may re9 quire.

10 (b) QUALIFIED EMPLOYEE.—For purposes of this

11 section, the term ‘‘qualified employee’’ means an agency

12 employee whose position is that of—

13 (1) a law enforcement officer; or

14 (2) a supervisor or management official.

15 (c) DEFINITIONS.—For purposes of this section—

16 (1) the term ‘‘agency’’ means an Executive

17 agency, as defined by section 105 of title 5, United

18 States Code, and any agency of the Legislative

19 Branch of Government including any office or com20 mittee of the Senate or the House of Representa21 tives;

22 (2) the term ‘‘law enforcement officer’’ means

23 an employee, the duties of whose position are pri24 marily the investigation, apprehension, prosecution,

25 or detention of individuals suspected or convicted of
514

SJ 63 PCS

1 offenses against the criminal laws of the United

2 States, including any law enforcement officer under

3 section 8331(20) or 8401(17) of such title 5, or

4 under section 4823 of title 22, United States Code;

5 (3) the terms ‘‘supervisor’’ and ‘‘management

6 official’’ have the respective meanings given them by

7 section 7103(a) of such title 5; and

8 (4) the term ‘‘professional liability insurance’’

9 means insurance which provides coverage for—

10 (A) legal liability for damages due to inju11 ries to other persons, damage to their property,

12 or other damage or loss to such other persons

13 (including the expenses of litigation and settle14 ment) resulting from or arising out of any

15 tortious act, error, or omission of the covered

16 individual (whether common law, statutory, or

17 constitutional) while in the performance of such

18 individual’s official duties as a qualified em19 ployee; and

20 (B) the cost of legal representation for the

21 covered individual in connection with any ad22 ministrative or judicial proceeding (including

23 any investigation or disciplinary proceeding) re24 lating to any act, error, or omission of the cov25 ered individual while in the performance of such
515

SJ 63 PCS

1 individual’s official duties as a qualified em2 ployee, and other legal costs and fees relating

3 to any such administrative or judicial proceed4 ing.

5 (d) APPLICABILITY.—The amendments made by this

6 section shall take effect on the date of the enactment of

7 this Act and shall apply thereafter.

8 SEC. 637. For purposes of each provision of law

9 amended by section 704(a)(2) of the Ethics Reform Act

10 of 1989 (5 U.S.C. 5318 note), no adjustment under sec11 tion 5303 of title 5, United States Code, shall be consid12 ered to have taken effect in fiscal year 1997 in the rates

13 of basic pay for the statutory pay systems.

14 SEC. 639. Section 608 of Public Law 104–52 is

15 amended in the first sentence by inserting before the pe16 riod, ‘‘, including Federal records disposed of pursuant to

17 a records schedule’’.

18 SEC. 640. In reviewing and analyzing the contracting

19 out, outsourcing or privatization of business and adminis20 trative functions, and in implementing 40 U.S.C. sections

21 1413 and 1423, and other provisions, in title LI of the

22 National Defense Authorization Act for fiscal year 1996

23 (the Information Technology Management Reform Act)—

24 (1) the Director of the Office of Management

25 and Budget and the heads of the executive agencies
516

SJ 63 PCS

1 may have studies, analyses, reviews and other man2 agement assistance performed by the private sector;

3 (2) the reviews, analyses, and studies called for

4 by 40 U.S.C. section 1413(b)(2) (B) and (C) shall

5 be completed and reported to the Agency Head with6 in 180 days, or less measured from when a study

7 analysis or review is initiated unless the Agency

8 Head determines additional time is needed;

9 (3) in accordance with principles and rules gov10 erning organizational conflicts of interest, persons

11 involved in a particular study may not compete for

12 any work that is to be or is outsourced as a result

13 of that study; and

14 (4) this section will apply with respect to stud15 ies occurring on or after the date of enactment of

16 this subsection and completed before September 1,

17 1999 and the Comptroller General of the United

18 States shall review and provide an assessment of

19 this program by January 1, 1999.

20 SEC. 641. (a) SECTION 1—AUTHORIZATION OF AP21 PROPRIATIONS.—Section 8(a)(1) of the Whistleblower

22 Protection Act of 1989 (5 U.S.C. 5509 note, Public Law

23 101–12, April 10, 1989, 103 Stat. 34, as amended Public

24 Law 103–424, Section 1, October 29, 1994, 108 Stat.

25 4361), is amended by striking the words: ‘‘1993, 1994,
517

SJ 63 PCS

1 1995, 1996, and 1997,’’ and inserting in lieu thereof

2 ‘‘1998, 1999, 2000, 2001, and 2002’’.

3 (b) SECTION 2—EFFECTIVE DATE.—This Act shall

4 take effect on October 1, 1998.

5 SEC. 642. (a) SECTION 1—AUTHORIZATION OF AP6 PROPRIATIONS.—Section 8(a)(1) of the Whistleblower

7 Protection Act of 1989 (5 U.S.C. 5509 note; Public Law

8 103–424; 103 Stat. 34) is amended by striking out:

9 ‘‘1993, 1994, 1995, 1996, and 1997,’’ and inserting in

10 lieu thereof ‘‘1998, 1999, 2000, 2001, and 2002’’.

11 (b) SECTION 2—EFFECTIVE DATE.—This Act shall

12 take effect on October 1, 1998.

13 SEC. 643. MODIFICATIONS OF NATIONAL COMMIS14 SION ON RESTRUCTURING THE INTERNAL REVENUE

15 SERVICE.—(a) QUORUM.—Paragraph (4) of section

16 637(b) of the Treasury, Postal Service, and General Gov17 ernment Appropriations Act, 1996 (Public Law 104–52,

18 109 Stat. 510) is amended by striking ‘‘Seven’’ and insert19 ing ‘‘Nine’’.

20 (b) CO-CHAIRS.—

21 (1) IN GENERAL.—Paragraph (3) of section

22 637(b) of such Act is amended—

23 (A) by striking ‘‘a Chairman’’ and insert24 ing ‘‘Co-Chairs’’, and
518

SJ 63 PCS

1 (B) by striking ‘‘Chairman’’ in the heading

2 and inserting ‘‘Co-Chairs’’.

3 (2) CONFORMING AMENDMENTS.—(A) Para4 graph (5)(B) of section 637(b) of such Act is

5 amended by striking ‘‘a Chairman’’ and inserting

6 ‘‘Co-Chairs’’.

7 (B) Subsections (b)(4), (d)(1)(B), (d)(3), and

8 (e)(1) of section 637 of such Act are each amended

9 by striking ‘‘Chairman’’ each place it appears and

10 inserting ‘‘Co-Chairs’’.

11 (c) GIFTS.—Section 637(d) of such Act is amended

12 by adding at the end the following new paragraph:

13 ‘‘(6) GIFTS.—The Commission may accept, use,

14 and dispose of gifts or donations of services or prop15 erty in carrying out its duties under this section.’’

16 (d) TRAVEL EXPENSES.—Section 637(f)(2) of such

17 Act is amended by striking ‘‘shall’’ and inserting ‘‘may’’.

18 (e) TIME FOR FILING REPORT.—

19 (1) IN GENERAL.—Paragraph (1) of section

20 637(g) of such Act is amended by striking ‘‘one

21 year’’ and inserting ‘‘15 months’’.

22 (2) CONFORMING AMENDMENT.—Subparagraph

23 (A) of section 637(c)(1) of such Act is amended by

24 striking ‘‘one year’’ and inserting ‘‘15 months’’.
519

SJ 63 PCS

1 (f) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect as if included in the provisions

3 of the Treasury, Postal Service, and General Government

4 Appropriations Act, 1996.

5 SEC. 644. (a) IN GENERAL.—Section 202(a) of title

6 39, United States Code, is amended by striking ‘‘$10,000

7 a year’’ and inserting ‘‘$30,000 a year’’.

8 (b) EFFECTIVE DATE.—Subsection (a) shall take ef9 fect at the beginning of the next applicable pay period be10 ginning after the date of the enactment of this Act.

11 SEC. 645.(a) IN GENERAL.—No later than Septem12 ber 30, 1997, the Director of the Office of Management

13 and Budget shall submit to the Congress a report that

14 provides—

15 (1) estimates of the total annual costs and ben16 efits of Federal regulatory programs, including

17 quantitative and nonquantitative measures of regu18 latory costs and benefits;

19 (2) estimates of the costs and benefits (includ20 ing quantitative and nonquantitative measures) of

21 each rule that is likely to have a gross annual effect

22 on the economy of $100,000,000 or more in in23 creased costs;

24 (3) an assessment of the direct and indirect im25 pacts of Federal rules on the private sector, State
520

SJ 63 PCS

1 and local government, and the Federal Government;

2 and

3 (4) recommendations from the Director and a

4 description of significant public comments to reform

5 or eliminate any Federal regulatory program or pro6 gram element that is inefficient, ineffective, or is not

7 a sound use of the Nation’s resources.

8 (b) NOTICE.—The Director shall provide public no9 tice and an opportunity to comment on the report under

10 subsection (a) before the report is issued in final form.

11 SEC. 646. Subsection (b) of section 404 of Public

12 Law 103–356 is amended by deleting ‘‘September 30,

13 1997’’ and inserting ‘‘December 31, 1999’’.

14 SEC. 647. (a) Notwithstanding any other provision

15 of law, the Secretary shall, on behalf of the United States,

16 transfer to the University of Miami, without charge, title

17 to the real property and improvements that as of the date

18 of the enactment of this Act constitute the Federal facility

19 known as the Perrine Primate Center, subject to the con20 dition that, during the 10-year period beginning on the

21 date of the transfer—

22 (1) the University will provide for the continued

23 use of the real property and improvements as an

24 animal research facility, including primates, and

25 such use will be the exclusive use of the property
521

SJ 63 PCS

1 (with such incidental exceptions as the Secretary

2 may approve); or

3 (2) the real property and improvements will be

4 used for research-related purposes other than the

5 purpose specified in paragraph (1) (or for both of

6 such purposes), if the Secretary and the University

7 enter into an agreement accordingly.

8 (b) The conveyance under subsection (a) shall not be9 come effective unless the conveyance specifies that, if the

10 University of Miami engages in a material breach of the

11 conditions specified in such subsection, title to the real

12 property and improvements involved reverts to the United

13 States at the election of the Secretary.

14 (c) The real property referred to in subsections (a)

15 and (b) is located in the county of Dade in the State of

16 Florida, and is a parcel consisting of the northernmost

17 30 acre-parcel of the area. The exact acreage and legal

18 description used for purposes of the transfer under sub19 section (a) shall be in accordance with a survey that is

20 satisfactory to the Secretary.

21 (d) For the purposes of this section—

22 (1) the term ‘‘Secretary’’ means the Secretary

23 of Health and Human Services; and

24 (2) the term ‘‘University of Miami’’ means the

25 University of Miami located in the State of Florida.
522

SJ 63 PCS

1 SEC. 648. (a) INCREASED PENALTIES FOR COUN2 TERFEITING VIOLATIONS.—Sections 474 and 474A of

3 title 18, United States Code, are amended by striking

4 ‘‘class C felony’’ each place that term appears and insert5 ing ‘‘class B felony’’.

6 (b) CRIMINAL PENALTY FOR PRODUCTION, SALE,

7 TRANSPORTATION, POSSESSION OF FICTITIOUS FINAN8 CIAL INSTRUMENTS PURPORTING TO BE THOSE OF THE

9 STATES, OF POLITICAL SUBDIVISIONS, AND OF PRIVATE

10 ORGANIZATIONS.—

11 (1) IN GENERAL.—Chapter 25 of title 18, Unit12 ed States Code, is amended by inserting after sec13 tion 513, the following new section:

14 ‘‘§ 514. Fictitious obligations

15 ‘‘(a) Whoever, with the intent to defraud—

16 ‘‘(1) draws, prints, processes, produces, pub17 lishes, or otherwise makes, or attempts or causes the

18 same, within the United States;

19 ‘‘(2) passes, utters, presents, offers, brokers, is20 sues, sells, or attempts or causes the same, or with

21 like intent possesses, within the United States; or

22 ‘‘(3) utilizes interstate or foreign commerce, in23 cluding the use of the mails or wire, radio, or other

24 electronic communication, to transmit, transport,
523

SJ 63 PCS

1 ship, move, transfer, or attempts or causes the same,

2 to, from, or through the United States,

3 any false or fictitious instrument, document, or other item

4 appearing, representing, purporting, or contriving through

5 scheme or artifice, to be an actual security or other finan6 cial instrument issued under the authority of the United

7 States, a foreign government, a State or other political

8 subdivision of the United States, or an organization, shall

9 be guilty of a class B felony.

10 ‘‘(b) For purposes of this section, any term used in

11 this section that is defined in section 513(c) has the same

12 meaning given such term in section 513(c).

13 ‘‘(c) The United States Secret Service, in addition to

14 any other agency having such authority, shall have author15 ity to investigate offenses under this section.’’.

16 (2) TECHNICAL AMENDMENT.—The analysis for

17 chapter 25 of title 18, United States Code, is

18 amended by inserting after the item relating to sec19 tion 513 the following:

‘‘514. Fictitious obligations.’’.

20 (c) PERIOD OF EFFECT.—This section and the

21 amendments made by this section shall become effective

22 on the date of enactment of this Act and shall remain in

23 effect during each fiscal year following that date of enact24 ment.
524

SJ 63 PCS

1 SEC. 649. None of the funds appropriated by this Act

2 may be used by an agency to provide a Federal employee’s

3 home address to any labor organization except when it is

4 made known to the Federal official having authority to

5 obligate or expend such funds that the employee has au6 thorized such disclosure or that such disclosure has been

7 ordered by a court of competent jurisdiction.

8 SEC. 650. (a) No later than 45 days after the date

9 of the enactment of this Act, the Inspector General of each

10 Federal department or agency that uses administratively

11 uncontrollable overtime in the pay of any employee shall—

12 (1) conduct an audit on the use of administra13 tively uncontrollable overtime by employees of such

14 department or agency, which shall include—

15 (A) an examination of the policies, extent,

16 costs, and other relevant aspects of the use of

17 administratively uncontrollable overtime at the

18 department or agency; and

19 (B) a determination of whether the eligi20 bility criteria of the department or agency and

21 payment of administratively uncontrollable over22 time comply with Federal statutory and regu23 latory requirements; and

24 (2) submit a report of the findings and conclu25 sions of such audit to—
525

SJ 63 PCS

1 (A) the Office of Personnel Management;

2 (B) the Governmental Affairs Committee

3 of the Senate; and

4 (C) the Government Reform and Oversight

5 Committee of the House of Representatives.

6 (b) No later than 30 days after the submission of the

7 report under subsection (a), the Office of Personnel Man8 agement shall issue revised guidelines to all Federal de9 partments and agencies that—

10 (1) limit the use of administratively uncontrol11 lable overtime to employees meeting the statutory in12 tent of section 5545(c)(2) of title 5, United States

13 Code; and

14 (2) expressly prohibit the use of administra15 tively uncontrollable overtime for—

16 (A) customary or routine work duties; and

17 (B) work duties that are primarily admin18 istrative in nature, or occur in noncompelling

19 circumstances.

20 SEC. 651. Notwithstanding section 8116 of title 5,

21 United States Code, and in addition to any payment made

22 under 5 U.S.C. 8101 et seq., beginning in fiscal year 1997

23 and thereafter, the head of any department or agency is

24 authorized to pay from appropriations made available to

25 the department or agency a death gratuity to the personal
526

SJ 63 PCS

1 representative (as that term is defined by applicable law)

2 of a civilian employee of that department or agency whose

3 death resulted from an injury sustained in the line of duty

4 on or after August 2, 1990: Provided, That payments

5 made pursuant to this section, in combination with the

6 payments made pursuant to sections 8133(f) and 8134(a)

7 of such title 5 and section 312 of Public Law 103–332

8 (108 Stat. 2537), may not exceed a total of $10,000 per

9 employee.

10 SEC. 653. (a) AUTHORIZATION.—

11 (1) The Secretary of the Treasury is authorized

12 to establish scientific certification standards for ex13 plosives detection canines, and shall provide, on a re14 imbursable basis, for the certification of explosives

15 detection canines employed by Federal agencies, or

16 other agencies providing explosives detection services

17 at airports in the United States.

18 (2) The Secretary of the Treasury shall estab19 lish an explosives detection canine training program

20 for the training of canines for explosives detection at

21 airports in the United States.

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated such sums as may be

24 necessary to carry out the purposes of this section.
527

SJ 63 PCS

1 SEC. 654. NATIONAL REPOSITORY FOR INFORMA2 TION ON EXPLOSIVES INCIDENTS AND ARSON.—

3 (a) Section 846 of title 18, United States Code,

4 is amended by—

5 (1) designating the existing section as sub6 section (a); and

7 (2) by adding the following new subsection

8 (b) to read as follows:

9 ‘‘(b) The Secretary is authorized to establish a na10 tional repository of information on incidents involving

11 arson and the suspected criminal misuse of explosives. All

12 Federal agencies having information concerning such inci13 dents shall report the information to the Secretary pursu14 ant to such regulations as deemed necessary to carry out

15 the provisions of this subsection. The repository shall also

16 contain information on incidents voluntarily reported to

17 the Secretary by State and local authorities.’’.

18 (b) There is authorized to be appropriated such

19 sums as may be necessary to carry out the provi20 sions of this subsection.

21 SEC. 655. Section 5(c)(1) of Public Law 102–259 (20

22 U.S.C. 5603(c)(1)) is amended—

23 (1) in subparagraph (A)(iii), by striking ‘‘and’’

24 after the semicolon;
528

SJ 63 PCS

1 (2) in subparagraph (B), by striking the period

2 and inserting ‘‘; and’’; and

3 (3) by adding after subparagraph (B) the fol4 lowing:

5 ‘‘(C) a Trustee may serve after the expiration

6 of the Trustee’s term until a successor has been cho7 sen.’’.

8 SEC. 656. Notwithstanding any other provision of

9 law, the Secretary of the Interior, through the Bureau of

10 Indian Affairs, may directly transfer to Indian tribes in

11 North and South Dakota portable housing units at the

12 Grand Forks Air Force base in North Dakota which have

13 been declared excess by the Department of Defense and

14 requested for transfer by the Department of the Interior.

15 SEC. 657. Section 922(q) of title 18, United States

16 Code, is amended to read as follows:

17 ‘‘(q)(1) The Congress finds and declares that—

18 ‘‘(A) crime, particularly crime involving drugs

19 and guns, is a pervasive, nationwide problem;

20 ‘‘(B) crime at the local level is exacerbated by

21 the interstate movement of drugs, guns, and crimi22 nal gangs;

23 ‘‘(C) firearms and ammunition move easily in

24 interstate commerce and have been found in increas25 ing numbers in and around schools, as documented
529

SJ 63 PCS

1 in numerous hearings in both the Committee on the

2 Judiciary the House of Representatives and the

3 Committee on the Judiciary of the Senate;

4 ‘‘(D) in fact, even before the sale of a firearm,

5 the gun, its component parts, ammunition, and the

6 raw materials from which they are made have con7 siderably moved in interstate commerce;

8 ‘‘(E) while criminals freely move from State to

9 State, ordinary citizens and foreign visitors may fear

10 to travel to or through certain parts of the country

11 due to concern about violent crime and gun violence,

12 and parents may decline to send their children to

13 school for the same reason;

14 ‘‘(F) the occurrence of violent crime in school

15 zones has resulted in a decline in the quality of edu16 cation in our country;

17 ‘‘(G) this decline in the quality of education has

18 an adverse impact on interstate commerce and the

19 foreign commerce of the United States;

20 ‘‘(H) States, localities, and school systems find

21 it almost impossible to handle gun-related crime by

22 themselves—even States, localities, and school sys23 tems that have made strong efforts to prevent, de24 tect, and punish gun-related crime find their efforts

25 unavailing due in part to the failure or inability of
530

SJ 63 PCS

1 other States or localities to take strong measures;

2 and

3 ‘‘(I) the Congress has the power, under the

4 interstate commerce clause and other provisions of

5 the Constitution, to enact measures to ensure the in6 tegrity and safety of the Nation’s schools by enact7 ment of this subsection.

8 ‘‘(2)(A) It shall be unlawful for any individual know9 ingly to possess a firearm that has moved in or that other10 wise affects interstate or foreign commerce at a place that

11 the individual knows, or has reasonable cause to believe,

12 is a school zone.

13 ‘‘(B) Subparagraph (A) does not apply to the posses14 sion of a firearm—

15 ‘‘(i) on private property not part of school

16 grounds;

17 ‘‘(ii) if the individual possessing the firearm is

18 licensed to do so by the State in which the school

19 zone is located or a political subdivision of the State,

20 and the law of the State or political subdivision re21 quires that, before an individual obtains such a li22 cense, the law enforcement authorities of the State

23 or political subdivision verify that the individual is

24 qualified under law to receive the license;

25 ‘‘(iii) that is—
531

SJ 63 PCS

1 ‘‘(I) not loaded; and

2 ‘‘(II) in a locked container, or a locked

3 firearms rack that is on a motor vehicle;

4 ‘‘(iv) by an individual for use in a program ap5 proved by a school in the school zone;

6 ‘‘(v) by an individual in accordance with a con7 tract entered into between a school in the school

8 zone and the individual or an employer of the indi9 vidual;

10 ‘‘(vi) by a law enforcement officer acting in his

11 or her official capacity; or

12 ‘‘(vii) that is unloaded and is possessed by an

13 individual while traversing school premises for the

14 purpose of gaining access to public or private lands

15 open to hunting, if the entry on school premises is

16 authorized by school authorities.

17 ‘‘(3)(A) Except as provided in subparagraph (B), it

18 shall be unlawful for any person, knowingly or with reck19 less disregard for the safety of another, to discharge or

20 attempt to discharge a firearm that has moved in or that

21 otherwise affects interstate or foreign commerce at a place

22 that the person knows is a school zone.

23 ‘‘(B) Subparagraph (A) does not apply to the dis24 charge of a firearm—
532

SJ 63 PCS

1 ‘‘(i) on private property not part of school

2 grounds;

3 ‘‘(ii) as part of a program approved by a school

4 in the school zone, by an individual who is partici5 pating in the program;

6 ‘‘(iii) by an individual in accordance with a con7 tract entered into between a school in a school zone

8 and the individual or an employer of the individual;

9 or

10 ‘‘(iv) by a law enforcement officer acting in his

11 or her official capacity.

12 ‘‘(4) Nothing in this subsection shall be construed as

13 preempting or preventing a State or local government

14 from enacting a statute establishing gun free school zones

15 as provided in this subsection.’’.

16 SEC. 658. (a) DEFINITIONS.—Section 921(a) of title

17 18, United States Code, is amended by adding at the end

18 the following new paragraph:

19 ‘‘(33) The term ‘crime involving domestic vio20 lence’ means a felony or misdemeanor crime of vio21 lence, regardless of length, term, or manner of pun22 ishment, committed by a current or former spouse,

23 parent, or guardian of the victim, by a person with

24 whom the victim shares a child in common, by a per25 son who is cohabiting with or has cohabited with the
533

SJ 63 PCS

1 victim as a spouse, parent, or guardian, or by a per2 son similarly situated to a spouse, parent, or guard3 ian of the victim under the domestic or family vio4 lence laws of the jurisdiction in which such felony

5 or misdemeanor was committed.’’.

6 (b) UNLAWFUL ACTS.—Section 922 of title 18,

7 United States Code, is amended—

8 (1) in subsection (d)—

9 (A) by striking ‘‘or’’ at the end of para10 graph (7);

11 (B) by striking the period at the end of

12 paragraph (8) and inserting ‘‘; or’’; and

13 (C) by inserting after paragraph (8) the

14 following new paragraph:

15 ‘‘(9) has been convicted in any court of any

16 crime involving domestic violence, if the individual

17 has been represented by counsel or knowingly and

18 intelligently waived the right to counsel.’’;

19 (2) in subsection (g)—

20 (A) by striking ‘‘or’’ at the end of para21 graph (7);

22 (B) in paragraph (8), by striking the

23 comma and inserting ‘‘; or’’; and

24 (C) by inserting after paragraph (8) the

25 following new paragraph:
534

SJ 63 PCS

1 ‘‘(9) has been convicted in any court of any

2 crime involving domestic violence, if the individual

3 has been represented by counsel or knowingly and

4 intelligently waived the right to counsel,’’; and

5 (3) in subsection (s)(3)(B)(i), by inserting be6 fore the semicolon the following: ‘‘and has not been

7 convicted in any court of any crime involving domes8 tic violence, if the individual has been represented by

9 counsel or knowingly and intelligently waived the

10 right to counsel’’.

11 (c) RULES AND REGULATIONS.—Section 926(a) of

12 title 18, United States Code, is amended—

13 (1) by striking ‘‘and’’ at the end of paragraph

14 (2);

15 (2) by striking the period at the end of para16 graph (3) and inserting ‘‘; and’’; and

17 (3) by inserting after paragraph (3) the follow18 ing new paragraph:

19 ‘‘(4) regulations providing for the effective re20 ceipt and secure storage of firearms relinquished by

21 or seized from persons described in subsection (d)(9)

22 or (g)(9) of section 922.’’.
535

SJ 63 PCS

1 SEC. 659. THRIFT SAVINGS PLAN.

2 TITLE I—ADDITIONAL INVESTMENT FUNDS FOR THE

3 THRIFT SAVINGS PLAN

4 SEC. 101. SHORT TITLE

5 This title may be cited as the ‘‘Thrift Savings Invest6 ment Funds Act of 1996’’.

7 SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR THE

8 THRIFT SAVINGS PLAN

9 Section 8438 of title 5, United States Code, is

10 amended—

11 (1) in subsection (a)—

12 (A) by redesignating paragraphs (5)

13 through (8) as paragraphs (6) through (9), re14 spectively;

15 (B) by inserting after paragraph (4) the

16 following new paragraph:

17 ‘‘(5) the term ‘International Stock Index Invest18 ment Fund’ means the International Stock Index In19 vestment Fund established under subsection

20 (b)(1)(E);’’;

21 (C) in paragraph (8) (as redesignated by

22 subparagraph (A) of this paragraph) by strik23 ing out ‘‘and’’ at the end thereof;

24 (D) in paragraph (9) (as redesignated by

25 subparagraph (A) of this paragraph)—
536

SJ 63 PCS

1 (i) by striking out ‘‘paragraph

2 (7)(D)’’ in each place it appears and in3 serting in each such place ‘‘paragraph

4 (8)(D)’’; and

5 (ii) by striking out the period and in6 serting in lieu thereof a semicolon and

7 ‘‘and’’; and

8 (E) by adding at the end thereof the fol9 lowing new paragraph:

10 ‘‘(10) the term ‘Small Capitalization Stock

11 Index Investment Fund’ means the Small Capitaliza12 tion Stock Index Investment Fund established under

13 subsection (b)(1)(D).’’; and

14 (2) in subsection (b)—

15 (A) in paragraph (1)—

16 (i) in subparagraph (B) by striking

17 out ‘‘and’’ at the end thereof;

18 (ii) in subparagraph (C) by striking

19 out the period and inserting in lieu thereof

20 a semicolon; and

21 (iii) by adding at the end thereof the

22 following new subparagraphs:

23 ‘‘(D) a Small Capitalization Stock Index

24 Investment Fund as provided in paragraph (3);

25 and
537

SJ 63 PCS

1 ‘‘(E) an International Stock Index Invest2 ment Fund as provided in paragraph (4).’’; and

3 (B) by adding at the end thereof the fol4 lowing new paragraphs:

5 ‘‘(3)(A) The Board shall select an index which

6 is a commonly recognized index comprised of com7 mon stock the aggregate market value of which rep8 resents the United States equity markets excluding

9 the common stocks included in the Common Stock

10 Index Investment Fund.

11 ‘‘(B) The Small Capitalization Stock Index In12 vestment Fund shall be invested in a portfolio de13 signed to replicate the performance of the index in

14 subparagraph (A). The portfolio shall be designed

15 such that, to the extent practicable, the percentage

16 of the Small Capitalization Stock Index Investment

17 Fund that is invested in each stock is the same as

18 the percentage determined by dividing the aggregate

19 market value of all shares of that stock by the ag20 gregate market value of all shares of all stocks in21 cluded in such index.

22 ‘‘(4)(A) The Board shall select an index which

23 is a commonly recognized index comprised of stock

24 the aggregate market value of which is a reasonably
538

SJ 63 PCS

1 complete representation of the international equity

2 markets excluding the United States equity markets.

3 ‘‘(B) The International Stock Index Investment

4 Fund shall be invested in a portfolio designed to rep5 licate the performance of the index in subparagraph

6 (A). The portfolio shall be designed such that, to the

7 extent practicable, the percentage of the Inter8 national Stock Index Investment Fund that is in9 vested in each stock is the same as the percentage

10 determined by dividing the aggregate market value

11 of all shares of that stock by the aggregate market

12 value of all shares of all stocks included in such

13 index.’’.

14 SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT RISK

15 Section 8439(d) of title 5, United States Code, is

16 amended by striking out ‘‘Each employee, Member, former

17 employee, or former Member who elects to invest in the

18 Common Stock Index Investment Fund or the Fixed In19 come Investment Fund described in paragraphs (1) and

20 (3),’’ and inserting in lieu thereof ‘‘Each employee, Mem21 ber, former employee, or former Member who elects to in22 vest in the Common Stock Index Investment Fund, the

23 Fixed Income Investment Fund, the International Stock

24 Index Investment Fund, or the Small Capitalization Stock

25 Index Investment Fund, defined in paragraphs (1), (3),

26 (5), and (10),’’.
539

SJ 63 PCS

1 SEC. 104. EFFECTIVE DATE

2 This title shall take effect on the date of enactment

3 of this Act, and the Funds established under this title

4 shall be offered for investment at the earliest practicable

5 election period (described in section 8432(b) of title 5,

6 United States Code) as determined by the Executive Di7 rector in regulations.

8 TITLE II—THRIFT SAVINGS ACCOUNTS LIQUIDITY

9 SEC. 201. SHORT TITLE

10 This title may be cited as the ‘‘Thrift Savings Plan

11 Act of 1996’’.

12 SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE WITH13 DRAWALS; DE MINIMUS ACCOUNTS; CIVIL SERVICE

14 RETIREMENT SYSTEM PARTICIPANTS

15 Section 8351(b) of title 5, United States Code, is

16 amended—

17 (1) in paragraph (5)—

18 (A) in subparagraph (B)—

19 (i) by striking out ‘‘An election,

20 change of election, or modification (relat21 ing to the commencement date of a de22 ferred annuity)’’ and inserting in lieu

23 thereof ‘‘An election or change of election’’;

24 (ii) by inserting ‘‘or withdrawal’’ after

25 ‘‘and a loan’’;
540

SJ 63 PCS

1 (iii) by inserting ‘‘and (h)’’ after

2 ‘‘8433(g)’’;

3 (iv) by striking out ‘‘the election,

4 change of election, or modification’’ and in5 serting in lieu thereof ‘‘the election or

6 change of election’’; and

7 (v) by inserting ‘‘or withdrawal’’ after

8 ‘‘for such loan’’; and

9 (B) in subparagraph (D)—

10 (i) by inserting ‘‘or withdrawals’’ after

11 ‘‘of loans’’; and

12 (ii) by inserting ‘‘or (h)’’ after

13 ‘‘8433(g)’’; and

14 (2) in paragraph (6)—

15 (A) by striking out ‘‘$3,500 or less’’ and

16 inserting in lieu thereof ‘‘less than an amount

17 that the Executive Director prescribes by regu18 lation’’; and

19 (B) by striking out ‘‘unless the employee

20 or Member elects, at such time and otherwise in

21 such manner as the Executive Director pre22 scribes, one of the options available under sub23 section (b)’’.
541

SJ 63 PCS

1 SEC. 203. IN-SERVICE WITHDRAWALS; WITHDRAWAL

2 ELECTIONS, FEDERAL EMPLOYEES RETIREMENT

3 SYSTEM PARTICIPANTS

4 (a) IN GENERAL.—Section 8433 of title 5, United

5 States Code, is amended—

6 (1) by striking out subsections (b) and (c) and

7 inserting in lieu thereof the following:

8 ‘‘(b) Subject to section 8435 of this title, any em9 ployee or Member who separates from Government em10 ployment is entitled and may elect to withdraw from the

11 Thrift Savings Fund the balance of the employee’s or

12 Member’s account as—

13 ‘‘(1) an annuity;

14 ‘‘(2) a single payment;

15 ‘‘(3) 2 or more substantially equal payments to

16 be made not less frequently than annually; or

17 ‘‘(4) any combination of payments as provided

18 under paragraphs (1) through (3) as the Executive

19 Director may prescribe by regulation.

20 ‘‘(c)(1) In addition to the right provided under sub21 section (b) to withdraw the balance of the account, an em22 ployee or Member who separates from Government service

23 and who has not made a withdrawal under subsection

24 (h)(1)(A) may make one withdrawal of any amount as a
542

SJ 63 PCS

1 single payment in accordance with subsection (b)(2) from

2 the employee’s or Member’s account.

3 ‘‘(2) An employee or Member may request that the

4 amount withdrawn from the Thrift Savings Fund in ac5 cordance with subsection (b)(2) be transferred to an eligi6 ble retirement plan.

7 ‘‘(3) The Executive Director shall make each transfer

8 elected under paragraph (2) directly to an eligible retire9 ment plan or plans (as defined in section 402(c)(8) of the

10 Internal Revenue Code of 1986) identified by the em11 ployee, Member, former employee, or former Member for

12 whom the transfer is made.

13 ‘‘(4) A transfer may not be made for an employee,

14 Member, former employee, or former Member under para15 graph (2) until the Executive Director receives from that

16 individual the information required by the Executive Di17 rector specifically to identify the eligible retirement plan

18 or plans to which the transfer is to be made.’’;

19 (2) in subsection (d)—

20 (A) in paragraph (1) by striking out ‘‘Sub21 ject to paragraph (3)(A)’’ and inserting in lieu

22 thereof ‘‘Subject to paragraph (3)’’;

23 (B) by striking out paragraph (2) and re24 designating paragraph (3) as paragraph (2);

25 and
543

SJ 63 PCS

1 (C) in paragraph (2) (as redesignated

2 under subparagraph (B) of this paragraph)—

3 (i) in subparagraph (A) by striking

4 out ‘‘(A)’’; and

5 (ii) by striking out subparagraph (B);

6 (3) in subsection (f)(1)—

7 (A) by striking out ‘‘$3,500 or less’’ and

8 inserting in lieu thereof ‘‘less than an amount

9 that the Executive Director prescribes by regu10 lation; and

11 (B) by striking out ‘‘unless the employee

12 or Member elects, at such time and otherwise in

13 such manner as the Executive Director pre14 scribes, one of the options available under sub15 section (b), or’’ and inserting a comma;

16 (4) in subsection (f)(2)—

17 (A) by striking out ‘‘February 1’’ and in18 serting in lieu thereof ‘‘April 1’’;

19 (B) in subparagraph (A)—

20 (i) by striking out ‘‘65’’ and inserting

in lieu thereof ‘‘701 21 ⁄2’’; and

22 (ii) by inserting ‘‘or’’ after the semi23 colon;

24 (C) by striking out subparagraph (B); and
544

SJ 63 PCS

1 (D) by redesignating subparagraph (C) as

2 subparagraph (B);

3 (5) in subsection (g)—

4 (A) in paragraph (1) by striking out ‘‘after

5 December 31, 1987, and’’, and by adding at the

6 end of the paragraph the following sentence:

7 ‘‘Before a loan is issued, the Executive Director

8 shall provide in writing the employee or Mem9 ber with appropriate information concerning the

10 cost of the loan relative to other sources of fi11 nancing, as well as the lifetime cost of the loan,

12 including the difference in interest rates be13 tween the funds offered by the Thrift Savings

14 Fund, and any other effect of such loan on the

15 employee’s or Member’s final account balance.’’;

16 and

17 (B) by striking out paragraph (2) and re18 designating paragraphs (3) through (5) as

19 paragraphs (2) through (4), respectively; and

20 (6) by adding after subsection (g) the following

21 new subsection:

22 ‘‘(h)(1) An employee or Member may apply, before

23 separation, to the Board for permission to withdraw an

24 amount from the employee’s or Member’s account based

25 upon—
545

SJ 63 PCS

1 ‘‘(A) the employee or Member having attained

age 591 2 ⁄2; or

3 ‘‘(B) financial hardship.

4 ‘‘(2) A withdrawal under paragraph (1)(A) shall be

5 available to each eligible participant one time only.

6 ‘‘(3) A withdrawal under paragraph (1)(B) shall be

7 available only for an amount not exceeding the value of

8 that portion of such account which is attributable to con9 tributions made by the employee or Member under section

10 8432(a) of this title.

11 ‘‘(4) Withdrawals under paragraph (1) shall be sub12 ject to such other conditions as the Executive Director

13 may prescribe by regulation.

14 ‘‘(5) A withdrawal may not be made under this sub15 section unless the requirements of section 8435(e) of this

16 title are satisfied.’’.

17 (b) INVALIDITY OF CERTAIN PRIOR ELECTIONS.—

18 Any election made under section 8433(b)(2) of title 5,

19 United States Code (as in effect before the effective date

20 of this title), with respect to an annuity which has not

21 commenced before the implementation date of this title as

22 provided by regulation by the Executive Director in ac23 cordance with section 207 of this title, shall be invalid.
546

SJ 63 PCS

1 SEC. 204. SURVIVOR ANNUITIES FOR FORMER SPOUSES;

2 NOTICE TO FEDERAL EMPLOYEES RETIREMENT SYS3 TEM SPOUSES FOR IN-SERVICE WITHDRAWALS

4 Section 8435 of title 5, United States Code, is

5 amended—

6 (1) in subsection (a)(1)(A)—

7 (A) by striking out ‘‘may make an election

8 under subsection (b)(3) or (b)(4) of section

9 8433 of this title or change an election pre10 viously made under subsection (b)(1) or (b)(2)

11 of such section’’ and inserting in lien thereof

12 ‘‘may withdraw all or part of a Thrift Savings

13 Fund account under subsection (b) (2), (3), or

14 (4) of section 8433 of this title or change a

15 withdrawal election’’; and

16 (B) by adding at the end thereof ‘‘A mar17 ried employee or Member (or former employee

18 or Member) may make a withdrawal from a

19 Thrift Savings Fund account under subsection

20 (c)(1) of section 8433 of this title only if the

21 employee or Member (or former employee or

22 Member) satisfies the requirements of subpara23 graph (B).’’;

24 (2) in subsection (c)—

25 (A) in paragraph (1)—
547

SJ 63 PCS

1 (i) by striking out ‘‘An election,

2 change of election, or modification of the

3 commencement date of a deferred annuity’’

4 and inserting in lieu thereof ‘‘An election

5 or change of election’’; and

6 (ii) by striking out ‘‘modification, or

7 transfer’’ and inserting in lieu thereof ‘‘or

8 transfer’’; and

9 (B) in paragraph (2) in the matter follow10 ing subparagraph (B)(ii) by striking out ‘‘modi11 fication,’’;

12 (3) in subsection (e)—

13 (A) in paragraph (1)—

14 (i) in subparagraph (A)—

15 (I) by inserting ‘‘or withdrawal’’

16 after ‘‘A loan’’;

17 (II) by inserting ‘‘and (h)’’ after

18 ‘‘8433(g)’’; and

19 (III) by inserting ‘‘or with20 drawal’’ after ‘‘such loan’’;

21 (ii) in subparagraph (B) by inserting

22 ‘‘or withdrawal’’ after ‘‘loan’’; and

23 (iii) in subparagraph (C)—

24 (I) by inserting ‘‘or withdrawal’’

25 after ‘‘to a loan’’; and
548

SJ 63 PCS

1 (II) by inserting ‘‘or withdrawal’’

2 after ‘‘for such loan’’; and

3 (B) in paragraph (2)—

4 (i) by inserting ‘‘or withdrawal’’ after

5 ‘‘loan’’; and

6 (ii) by inserting ‘‘and (h)’’ after

7 ‘‘8344(g)’’; and

8 (4) in subsection (g)—

9 (A) by inserting ‘‘or withdrawals’’ after

10 ‘‘loans’’; and

11 (B) by inserting ‘‘and (h)’’ after

12 ‘‘8344(g)’’.

13 SEC. 205. DE MINIMUS ACCOUNTS RELATING TO THE

14 JUDICIARY

15 (a) JUSTICES AND JUDGES.—Section 8440a(b)(7) of

16 title 5, United States Code, is amended—

17 (1) by striking out ‘‘$3,500 or less’’ and insert18 ing in lieu thereof ‘‘less than an amount that the

19 Executive Director prescribes by regulation’’; and

20 (2) by striking out ‘‘unless the justice or judge

21 elects, at such time and otherwise in such manner

22 as the Executive Director prescribes, one of the op23 tions available under section 8433(b)’’.

24 (b) BANKRUPTCY JUDGES AND MAGISTRATES.—Sec25 tion 8440b(b) of title 5, United States Code, is amended—
549

SJ 63 PCS

1 (1) in paragraph (7) in the first sentence by in2 serting ‘‘of the distribution’’ after ‘‘equal to the

3 amount’’; and

4 (2) in paragraph (8)—

5 (A) by striking out ‘‘$3,500 or less’’ and

6 inserting in lieu thereof ‘‘less than an amount

7 that the Executive Director prescribes by regu8 lation’’; and

9 (B) by striking out ‘‘unless the bankruptcy

10 judge or magistrate elects, at such time and

11 otherwise in such manner as the Executive Di12 rector prescribes, one of the options available

13 under subsection (b)’’.

14 (c) FEDERAL CLAIMS JUDGES.—Section 8440c(b) of

15 title 5, United States Code, is amended—

16 (1) in paragraph (7) in the first sentence by in17 serting ‘‘of the distribution’’ after ‘‘equal to the

18 amount’’; and

19 (2) in paragraph (8)—

20 (A) by striking out ‘‘$3,500 or less’’ and

21 inserting in lieu thereof ‘‘less than an amount

22 that the Executive Director prescribes by regu23 lation’’; and

24 (B) by striking out ‘‘unless the judge

25 elects, at such time and otherwise in such man-
550

SJ 63 PCS

1 ner as the Executive Director prescribes, one of

2 the options available under section 8433(b)’’.

3 SEC. 206. DEFINITION OF BASIC PAY

4 (a) IN GENERAL.—(1) Section 8401(4) of title 5,

5 United States Code, is amended by striking out ‘‘except

6 as provided in subchapter III of this chapter,’’.

7 (2) Section 8431 of title 5, United States Code, is

8 repealed.

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

10 (1) The table of sections for chapter 84 of title 5, United

11 States Code, is amended by striking out the item relating

12 to section 8431.

13 (2) Section 5545a(h)(2)(A) of title 5, United States

14 Code, is amended by striking out ‘‘8431,’’.

15 (3) Section 615(f) of the Treasury, Postal Service,

16 and General Government Appropriations Act, 1996 (Pub17 lic Law 104–52; 109 Stat. 500; 5 U.S.C. 5343 note) is

18 amended by striking out ‘‘section 8431 of title 5, United

19 States Code,’’.

20 SEC. 207. EFFECTIVE DATE

21 This title shall take effect on the date of the enact22 ment of this Act and withdrawals and elections as pro23 vided under the amendments made by this title shall be

24 made at the earliest practicable date as determined by the

25 Executive Director in regulations.
551

SJ 63 PCS

1 SEC. 632. (a) The United States Courthouse under

2 construction at 1030 Southwest 3d Avenue in Portland,

3 Oregon, shall be known and designated as the ‘‘Mark O.

4 Hatfield United States Courthouse’’.

5 (b) Any reference in a law, map, regulation, docu6 ment, paper, or other record of the United States to the

7 courthouse referred to in section 901 shall be deemed to

8 be a reference to the ‘‘Mark O. Hatfield United States

9 Courthouse’’.

10 (c) This section shall take effect on January 2, 1997.

11 SEC. 660. Notwithstanding Section 613, interagency

12 financing is authorized to carry out the purposes of the

13 National Bioethics Advisory Commission.

14 SEC. 661. (a) DESIGNATION.—The United States

15 courthouse to be constructed at a site on 18th Street be16 tween Dodge and Douglas Streets in Omaha, Nebraska,

17 shall be know and designated as the ‘‘Roman L. Hruska

18 United States Courthouse’’.

19 (b) REFERENCES.—Any reference in a law, map, reg20 ulation, document, paper, or other record of the United

21 States to the United States courthouse referred to in sec22 tion 1 shall be deemed to be a reference to the ‘‘Roman

23 L. Hruska United States Courthouse’’.
552

SJ 63 PCS

1 TITLE VII—COUNTER-TERRORISM AND DRUG

2 LAW ENFORCEMENT

3 DEPARTMENT OF THE TREASURY

4 DEPARTMENTAL OFFICES

5 SALARIES AND EXPENSES

6 For an additional amount for the necessary expenses

7 of the Office of Foreign Assets Control, $288,000: Pro8 vided, That of the amount provided, $288,000 is des9 ignated by Congress as an emergency requirement pursu10 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

11 Emergency Deficit Control Act of 1985, as amended.

12 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

13 SALARIES AND EXPENSES

14 For an additional amount for the necessary expenses

15 of the Bureau of Alcohol, Tobacco and Firearms,

16 $37,550,000; of which $3,500,000 shall be available for

17 the construction and expansion of a canine training facil18 ity, to remain available until expended; of which

19 $3,000,000 shall be available for conducting a study of

20 car bomb explosives, to remain available until expended:

21 Provided, That of the amount provided, $37,550,000 is

22 designated by Congress as an emergency requirement pur23 suant to section 251(b)(2)(D)(i) of the Balanced Budget

24 and Emergency Deficit Control Act of 1985, as amended.
553

SJ 63 PCS

1 UNITED STATES CUSTOMS SERVICE

2 SALARIES AND EXPENSES

3 For an additional amount for the necessary expenses

4 of the United States Customs Service, $40,000,000; of

5 which not to exceed $26,400,000 shall be available until

6 expended for funding non-competitive cooperative agree7 ments with air carriers, airports, or other cargo authori8 ties, which provide for the Customs Service to purchase

9 and assist in installing advanced air cargo inspection

10 equipment for the joint use of such entities and the United

11 States Customs Service: Provided, That of the amount

12 provided, $40,000,000 is designated by Congress as an

13 emergency requirement pursuant to section

14 251(b)(2)(D)(i) of the Balanced Budget and Emergency

15 Deficit Control Act of 1985, as amended.

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 FEDERAL DRUG CONTROL PROGRAMS

18 SPECIAL FORFEITURE FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For activities authorized by Public Law 100–690, as

21 amended, $82,000,000, of which $42,000,000 shall be

22 transferred to the United States Customs Service for the

23 purchase and restoration of aircraft for the air interdiction

24 program; of which $10,000,000 shall be available for

25 transfer to other Federal agencies for methamphetamine

26 reduction efforts; and of which $30,000,000 shall be avail-
554

SJ 63 PCS

1 able to the Director of the Office of National Drug Control

2 Policy for enhancing other drug control activities, includ3 ing transfer to other Federal agencies: Provided, That of

4 the amount provided, $82,000,000 is designated by Con5 gress as an emergency requirement pursuant to section

6 251(b)(2)(D)(i) of the Balanced Budget and Emergency

7 Deficit Control Act of 1985, as amended to become avail8 able only upon receipt by the Congress of a supplemental

9 request from the President requesting such designation.

10 This Act may be cited as the ‘‘Treasury, Postal Serv11 ice, and General Government Appropriations Act, 1997’’.

12 (g) For additional amounts in fiscal year 1996 for

13 programs, projects, or activities relating to force protec14 tion, anti-terrorism, and security enhancement activities,

15 provided as follows:

16 DEPARTMENT OF DEFENSE

17 MANAGEMENT FUNDS

18 EMERGENCY RESPONSE FUND

19 (INCLUDING RESCISSIONS OF FUNDS)

20 For an additional amount for the ‘‘Emergency Re21 sponse Fund’’, $130,000,000: Provided, That these funds

22 may be used to reimburse other appropriations of the De23 partment of Defense for expenses incurred by the Depart24 ment of Defense in connection with force protection ac25 tions in Southwest Asia: Provided further, That these

26 funds may be used to liquidate obligations incurred by the
555

SJ 63 PCS

1 Department of Defense during fiscal year 1996 for costs

2 incurred under the authority of the Feed and Forage Act

3 (41 U.S.C., subsection 11): Provided further, That the en4 tire amount under this heading is designated by Congress

5 as an emergency requirement pursuant to section

6 251(b)(2)(D)(i) of the Balanced Budget and Emergency

7 Deficit Control Act of 1985, as amended: Provided further,

8 That of the funds provided in Department of Defense Ap9 propriations Acts, the following funds are hereby re10 scinded, as of the date of enactment of this Act, from the

11 following accounts in the specified amounts:

12 ‘‘Procurement of Ammunition, Army, 1994/

13 1996’’, $1,000,000;

14 ‘‘Other Procurement, Army, 1994/1996’’,

15 $6,000,000;

16 ‘‘Research, Development, Test and Evaluation,

17 Army, 1995/1996’’, $2,606,000;

18 ‘‘Aircraft Procurement, Navy, 1994/1996’’,

19 $11,003,000;

20 ‘‘Weapons Procurement, Navy, 1994/1996’’,

21 $11,141,000;

22 ‘‘Other Procurement, Navy, 1994/1996’’,

23 $4,000,000;

24 ‘‘Research, Development, Test and Evaluation,

25 Navy, 1995/1996’’, $7,421,000;
556

SJ 63 PCS

1 ‘‘Aircraft Procurement, Air Force, 1994/1996’’,

2 $20,050,000;

3 ‘‘Missile Procurement, Air Force, 1994/1996’’,

4 $11,002,000;

5 ‘‘Other Procurement, Air Force, 1994/1996’’,

6 $14,769,000;

7 ‘‘Research, Development, Test and Evaluation,

8 Air Force, 1995/1996’’, $6,237,000;

9 ‘‘Procurement, Defense-Wide, 1994/1996’’,

10 $10,210,000; and

11 ‘‘Research, Development, Test and Evaluation,

12 Defense-Wide, 1995/1996’’, $24,561,000.

13 MILITARY PERSONNEL

14 MILITARY PERSONNEL, ARMY

15 For an additional amount for ‘‘Military Personnel,

16 Army’’, $4,800,000: Provided, That of the amount pro17 vided, $4,800,000 is designated by Congress as an emer18 gency requirement pursuant to section 251(b)(2)(D)(i) of

19 the Balanced Budget and Emergency Deficit Control Act

20 of 1985, as amended.

21 MILITARY PERSONNEL, AIR FORCE

22 For an additional amount for ‘‘Military Personnel,

23 Air Force’’, $4,000,000: Provided, That of the amount

24 provided, $4,000,000 is designated by Congress as an

25 emergency requirement pursuant to section
557

SJ 63 PCS

1 251(b)(2)(D)(i) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985, as amended.

3 OPERATION AND MAINTENANCE

4 OPERATION AND MAINTENANCE, ARMY

5 For an additional amount for ‘‘Operation and Main6 tenance, Army’’, $36,449,000, to remain available until

7 September 30, 1997: Provided, That of the amount pro8 vided, $36,449,000 is designated by Congress as an emer9 gency requirement pursuant to section 251(b)(2)(D)(i) of

10 the Balanced Budget and Emergency Deficit Control Act

11 of 1985, as amended.

12 OPERATION AND MAINTENANCE, NAVY

13 For an additional amount for ‘‘Operation and Main14 tenance, Navy’’, $23,956,000, to remain available until

15 September 30, 1997: Provided, That of the amount pro16 vided, $23,956,000 is designated by Congress as an emer17 gency requirement pursuant to section 251(b)(2)(D)(i) of

18 the Balanced Budget and Emergency Deficit Control Act

19 of 1985, as amended.

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps’’, $600,000, to remain available

23 until September 30, 1997: Provided, That of the amount

24 provided, $600,000 is designated by Congress as an emer25 gency requirement pursuant to section 251(b)(2)(D)(i) of
558

SJ 63 PCS

1 the Balanced Budget and Emergency Deficit Control Act

2 of 1985, as amended.

3 OPERATION AND MAINTENANCE, AIR FORCE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force’’, $78,150,000, to remain available

6 until September 30, 1997: Provided, That of the amount

7 provided, $78,150,000 is designated by Congress as an

8 emergency requirement pursuant to section

9 251(b)(2)(D)(i) of the Balanced Budget and Emergency

10 Deficit Control Act of 1985, as amended.

11 OPERATION AND MAINTENANCE, DEFENSE-WIDE

12 For an additional amount for ‘‘Operation and Main13 tenance, Defense-Wide’’, $29,534,000, to remain available

14 until September 30, 1997: Provided, That of the amount

15 provided, $29,534,000 is designated by Congress as an

16 emergency requirement pursuant to section

17 251(b)(2)(D)(i) of the Balanced Budget and Emergency

18 Deficit Control Act of 1985, as amended.

19 OPERATION AND MAINTENANCE, NAVY RESERVE

20 For an additional amount for ‘‘Operation and Main21 tenance, Navy Reserve’’, $517,000, to remain available

22 until September 30, 1997: Provided, That of the amount

23 provided, $517,000 is designated by Congress as an emer24 gency requirement pursuant to section 251(b)(2)(D)(i) of
559

SJ 63 PCS

1 the Balanced Budget and Emergency Deficit Control Act

2 of 1985, as amended.

3 PROCUREMENT

4 OTHER PROCUREMENT, ARMY

5 For an additional amount for ‘‘Other Procurement,

6 Army’’, $16,852,000, to remain available until September

7 30, 1998: Provided, That of the amount provided,

8 $16,852,000 is designated by Congress as an emergency

9 requirement pursuant to section 251(b)(2)(D)(i) of the

10 Balanced Budget and Emergency Deficit Control Act of

11 1985, as amended.

12 OTHER PROCUREMENT, AIR FORCE

13 For an additional amount for ‘‘Other Procurement,

14 Air Force’’, $115,072,000, to remain available until Sep15 tember 30, 1998: Provided, That of the amount provided,

16 $115,072,000 is designated by Congress as an emergency

17 requirement pursuant to section 251(b)(2)(D)(i) of the

18 Balanced Budget and Emergency Deficit Control Act of

19 1985, as amended.

20 PROCUREMENT, DEFENSE-WIDE

21 For an additional amount for ‘‘Procurement, De22 fense-Wide’’, $35,350,000, to remain available until Sep23 tember 30, 1998: Provided, That of the amount provided,

24 $35,350,000 is designated by Congress as an emergency

25 requirement pursuant to section 251(b)(2)(D)(i) of the
560

SJ 63 PCS

1 Balanced Budget and Emergency Deficit Control Act of

2 1985, as amended.

3 RESEARCH, DEVELOPMENT, TEST AND

4 EVALUATION

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

6 DEFENSE-WIDE

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Defense-Wide’’, $8,000,000,

9 to remain available until September 30, 1997: Provided,

10 That of the amount provided, $8,000,000 is designated

11 by Congress as an emergency requirement pursuant to

12 section 251(b)(2)(D)(i) of the Balanced Budget and

13 Emergency Deficit Control Act of 1985, as amended.

14 GENERAL PROVISIONS

15 Funds appropriated in this subsection, or made avail16 able by transfer of such funds, for programs or activities

17 of the Central Intelligence Agency shall remain available

18 until September 30, 1997: Provided, That funds appro19 priated in this subsection, or made available by transfer

20 of such funds, to any intelligence agency or activity of the

21 United States Government shall be deemed to be specifi22 cally authorized by the Congress for purposes of section

23 504 of the National Security Act of 1947 (50 U.S.C. 414).

24 Funds appropriated in this subsection may be used

25 to liquidate obligations incurred by the Department of De-
561

SJ 63 PCS

1 fense during fiscal year 1996 for costs incurred under the

2 authority of the Feed and Forage Act (41 U.S.C., sub3 section 11).

4 (h) For additional amounts in fiscal year 1996 for

5 programs, projects, or activities relating to emergency

6 supplemental costs arising from Hurricanes Fran and

7 Hortense and other disasters, provided as follows:

8 DEPARTMENT OF AGRICULTURE

9 NATURAL RESOURCES CONSERVATION SERVICE

10 WATERSHED AND FLOOD PREVENTION OPERATIONS

11 For an additional amount to repair damages to the

12 waterways and watersheds resulting from the effects of

13 Hurricanes Fran and Hortense and other disasters,

14 $65,000,000, to remain available until expended: Pro15 vided, That the entire amount is designated by Congress

16 as an emergency requirement pursuant to section

17 251(b)(2)(D)(i) of the Balanced Budget and Emergency

18 Deficit Control Act of 1985, as amended.

19 FARM SERVICE AGENCY

20 EMERGENCY CONSERVATION PROGRAM

21 For an additional amount for emergency expenses re22 sulting from the effects of Hurricanes Fran and Hortense

23 and other disasters, $30,000,000, to remain available until

24 expended: Provided, That the entire amount is designated

25 by Congress as an emergency requirement pursuant to
562

SJ 63 PCS

1 section 251(b)(2)(D)(i) of the Balanced Budget and

2 Emergency Deficit Control Act of 1985, as amended.

3 RURAL HOUSING SERVICE

4 VERY LOW-INCOME HOUSING REPAIR GRANTS

5 For an additional amount for ‘‘Very Low-Income

6 Housing Repair Grants’’ to make housing repairs under

7 section 504 of the Housing Act of 1949 required by dam8 ages resulting from Hurricane Fran and other natural dis9 asters of 1996, $10,000,000, to remain available until ex10 pended.

11 RURAL UTILITIES SERVICE

12 RURAL UTILITIES ASSISTANCE PROGRAM

13 For an additional amount for the ‘‘Rural Utilities As14 sistance Program’’ for emergency community water assist15 ance grants as authorized by section 306A of the Consoli16 dated Farm and Rural Development Act (7 U.S.C.

17 1926a), to assist in the recovery from Hurricane Fran and

18 other natural disasters of 1996, $5,000,000, to remain

19 available until expended.

20 FARM SERVICE AGENCY

21 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

22 ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 For additional gross obligations for the principal

25 amount of direct and guaranteed loans as authorized by

26 sections 308 and 309 of the Farm and Rural Development
563

SJ 63 PCS

1 Act (7 U.S.C. 1928 and 1929), to be available from funds

2 in the Agricultural Credit Insurance Fund, as follows:

3 farm ownership loans, $100,000,000 for subsidized guar4 anteed loans; and operating loans, $66,000,000 for sub5 sidized guaranteed loans.

6 For the cost of direct and guaranteed loans, including

7 the cost of modifying loans as defined in section 502 of

8 the Congressional Budget Act of 1974, as follows: farm

9 ownership loans, $16,700,000 for subsidized guaranteed

10 loans; and operating loans, $6,200,000, for subsidized

11 guaranteed loans.

12 DEPARTMENT OF COMMERCE

13 ECONOMIC DEVELOPMENT ADMINISTRATION

14 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

15 For an additional amount for ‘‘Economic Develop16 ment Assistance Programs’’ for emergency infrastructure

17 expenses resulting from Hurricane Fran and Hurricane

18 Hortense, $75,000,000, to remain available until ex19 pended: Provided, That the entire amount of this appro20 priation shall be available only to the extent an official

21 budget request for a specific dollar amount, that includes

22 designation of the entire amount of the request as an

23 emergency requirement as defined in the Balanced Budget

24 and Emergency Deficit Control Act of 1985, as amended,

25 is transmitted by the President to Congress: Provided fur-
564

SJ 63 PCS

1 ther, That the entire amount is designated by Congress

2 as an emergency requirement pursuant to section

3 251(b)(2)(D)(i) of such Act.

4 RELATED AGENCY

5 SMALL BUSINESS ADMINISTRATION

6 DISASTER LOANS PROGRAM ACCOUNT

7 For an additional amount for ‘‘Disaster Loans Pro8 gram Account’’ for emergency expenses resulting from

9 Hurricane Fran and other natural disasters of 1996,

10 $180,000,000 for the cost of direct loans and $20,000,000

11 for administrative expenses to carry out the disaster loan

12 program, to remain available until expended: Provided,

13 That this amount is hereby designated by Congress as

14 emergency requirements pursuant to section

15 251(b)(2)(D)(i) of the Balanced Budget and Emergency

16 Deficit Control Act of 1985, as amended.

17 DEPARTMENT OF DEFENSE—CIVIL

18 DEPARTMENT OF THE ARMY

19 CORPS OF ENGINEERS—CIVIL

20 OPERATION AND MAINTENANCE, GENERAL

21 For an additional amount for emergency expenses to

22 repair damages resulting from Hurricane Fran and other

23 disasters, $175,000,000, to remain available until ex24 pended: Provided, That such amount is designated by Con25 gress as an emergency requiremment pursuant to section
565

SJ 63 PCS

1 251(b)(2)(D)(i) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985, as amended.

3 FLOOD CONTROL AND COASTAL EMERGENCIES

4 For an additional amount for ‘‘Flood Control and

5 Coastal Emergencies’’ for emergency expenses resulting

6 from Hurricane Fran and other natural disasters of 1996,

7 $15,000,000, to remain available until expended.

8 EMERGENCY BEACH RESTORATION

9 The Secretary of the Army shall perform emergency

10 restoration of the beaches and dunes on Topsail Island

11 and Kure Beach, North Carolina, to restore the beaches

12 and dunes to their condition as of September 1, 1996.

13 DEPARTMENT OF HOUSING AND URBAN

14 DEVELOPMENT

15 HOUSING PROGRAMS

16 FLEXIBLE SUBSIDY FUND

17 For emergency assistance to owners of eligible multi18 family housing projects damaged by Hurricanes Fran and

19 Hortense that are either insured or formerly insured

20 under the National Housing Act, as amended, or otherwise

21 eligible for assistance under section 201(c) of the Housing

22 and Community Development Amendments of 1978, as

23 amended (12 U.S.C. 171z–1a), in the program of assist24 ance for troubled multifamily housing projects under the

25 Housing and Community Development Amendments of

26 1978, as amended, $10,000,000, to remain available until
566

SJ 63 PCS

1 September 10, 1997: Provided, That assistance to an

2 owner of a multifamily housing project assisted, but not

3 insured under the National Housing Act, may be made

4 if the project owner and the mortgagee have provided or

5 agreed to provide assistance to the project in a manner

6 as determined by the Secretary of Housing and Urban De7 velopment: Provided further, That assistance is for the re8 pair of damage or the recovery of losses directly attrib9 utable to such hurricane: Provided further, That in admin10 istering these funds, the Secretary may waive, or specify

11 alternative requirements for, any provision of any statute

12 or regulation that the Secretary administers in connection

13 with the obligation by the Secretary or any use by the

14 recipient of these funds, except for statutory requirements

15 relating to civil rights, fair housing and nondiscrimination,

16 the environment, and labor standards, upon finding that

17 such waiver is required to facilitate the obligation and use

18 of such funds, and would not be inconsistent with the over19 all purpose of the statute or regulation: Provided further,

20 That after assisting economically viable FHA insured

21 projects, to the extent funds remain available the Sec22 retary may provide assistance to economically viable

23 projects assisted under section 8 of the United States

24 Housing Act of 1937 but not insured under the National

25 Housing Act: Provided further, That the entire amount
567

SJ 63 PCS

1 shall be available only to the extent that an official budget

2 request for a specific dollar amount, that includes designa3 tion of the entire amount of the request as an emergency

4 requirement as defined in the Balanced Budget and Emer5 gency Deficit Control Act of 1985, as amended, is trans6 mitted by the President to Congress: Provided further,

7 That the entire amount is designated by Congress as an

8 emergency requirement pursuant to section

9 251(b)(2)(D)(i) of the Balanced Budget and Emergency

10 Deficit Control Act of 1985, as amended.

11 COMMUNITY PLANNING AND DEVELOPMENT

12 COMMUNITY DEVELOPMENT GRANTS

13 For an additional amount for ‘‘Community Develop14 ment Grants,’’ $100,000,000 to remain available until

15 September 30, 1999, for emergency expenses resulting

16 from Hurricanes Fran and Hortense: Provided, That in

17 administering these amounts, the Secretary may waive, or

18 specify alternative requirements for, any provision of any

19 statute or regulation that the Secretary administers in

20 connection with the obligation by the Secretary or the use

21 by the recipient of these funds, except for statutory re22 quirements related to civil rights, fair housing and non23 discrimination, the environment, and labor standards,

24 upon a finding that such waiver is required to facilitate

25 the use of such funds, and would not be inconsistent with
568

SJ 63 PCS

1 the overall purpose of the statute: Provided further, That

2 the entire amount shall be available only to the extent that

3 an official budget request for a specific dollar amount,

4 that includes designation of the entire amount of the re5 quest as an emergency requirement as defined in the Bal6 anced Budget and Emergency Deficit Control Act of 1985,

7 as amended, is transmitted by the President to Congress:

8 Provided further, That the entire amount is designated by

9 Congress as an emergency requirement pursuant to sec10 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985, as amended.

12 SECTION 8 VOUCHER AND CERTIFICATE REISSUANCE

13 To the extent necessary to assist victims living in

14 Presidentially declared disaster areas, public housing

15 agencies are authorized to use immediately any turnover

16 rental vouchers and certificates available, notwithstanding

17 the section 403(c) of the Balanced Budget Downpayment

18 Act, I (Public Law 104–99).

19 DEPARTMENT OF TRANSPORTATION

20 FEDERAL HIGHWAY ADMINISTRATION

21 FEDERAL-AID HIGHWAYS

22 (HIGHWAY TRUST FUND)

23 For an additional amount for ‘‘Emergency Relief

24 Program’’ for emergency expenses resulting from Hurri25 canes Fran and Hortense and for other disasters, as au26 thorized by 23 U.S.C. 125, $82,000,000, to be derived
569

SJ 63 PCS

1 from the Highway Trust Fund and to remain available

2 until expended: Provided, That the entire amount is des3 ignated by Congress as an emergency requirement pursu4 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

5 Emergency Deficit Control Act of 1985, as amended.

6 INDEPENDENT AGENCY

7 FEDERAL EMERGENCY MANAGEMENT AGENCY

8 EXTENSION OF NATIONAL FLOOD INSURANCE ACT

9 BORROWING AUTHORITY

10 Section 1309(a)(2) of the National Flood Insurance

11 Act, 42 U.S.C. 4016(a)(2), is amended by striking

12 ‘‘$1,000,000,000’’ and inserting ‘‘$1,500,000,000 through

13 September 30, 1997, and $1,000,000,000 thereafter.’’

14 APPLICATION OF SUBSECTION

15 LIMITATION ON AVAILABILITY

16 Each amount provided in this subsection shall be

17 available only to the extent of a specific dollar amount for

18 such program or activity that is included in an official

19 budget request submitted by the President to the Congress

20 and that is designated as an emergency requirement for

21 all purposes of the Balanced Budget and Emergency Defi22 cit Control Act of 1985.

23 WAIVER OF CERTAIN RESTRICTIONS

24 In administering funds provided in this subsection,

25 the head of the department or agency involved may waive

26 (or specify an alternative requirement for) any provision
570

SJ 63 PCS

1 of any statute or regulation that the department or agency

2 administers in connection with the obligation by the de3 partment or agency (or the use by any recipient) of such

4 funds, upon a finding that such waiver or alternative re5 quirement is necessary to facilitate the obligation and use

6 of such funds and will not be inconsistent with the overall

7 purpose of the statute or regulation.

8 The preceding paragraph shall not apply to any re9 quirement relating to civil rights, fair housing and non10 discrimination, the environment, or labor standards.

11 TRANSFER OF FUNDS BETWEEN ACCOUNTS

12 In administering funds provided in this subsection,

13 the head of the department or agency involved may trans14 fer from one account specified in this subsection to an15 other account specified in this subsection such sums as

16 the head determines are not necessary to carry out the

17 purpose for which the sums are appropriated under this

18 subsection. Any sums so transferred to an account shall

19 be available for the same purposes as the funds appro20 priated to that account under this subsection.

21 (i) For additional amounts in fiscal year 1997 for

22 programs, projects, or activities relating to anti-terrorism

23 and security enhancement activities, provided as follows:
571

SJ 63 PCS

1 DEPARTMENT OF ENERGY

2 ATOMIC ENERGY DEVENSE ACTIVITIES

3 OTHER DEFENSE ACTIVITIES

4 For an additional amount of fiscal year 1997 for ter5 rorism activities, $8,000,000, to remain available until ex6 pended: Provided, That the entire amount is designated

7 by Congress as an emergency requirement pursuant to

8 section 251(b)(2)(D)(i) of the Balanced Budget and

9 Emergency Deficit Control Act of 1985, as amended.

10 DEPARTMENT OF TRANSPORTATION

11 FEDERAL AVIATION ADMINISTRATION

12 OPERATIONS

13 (AIRPORT AND AIRWAY TRUST FUND)

14 For additional operating expenses of the Federal

15 Aviation Administration for airport security activities,

16 $32,400,000, to be derived from the Airport and Airway

17 Trust Fund and to remain available until September 30,

18 1998: Provided, That of the funds provided, $8,900,000

19 shall be for establishment of additional explosive detection

20 K–9 teams at airports; $5,500,000 shall be for airport vul21 nerability assessments; and $18,000,000 shall be for the

22 hire of additional aviation security personnel: Provided

23 further, That such amount is designated by Congress as

24 an emergency requirement pursuant to section

25 251(b)(2)(D)(i) of the Balanced Budget and Emergency

26 Deficit Control Act of 1985, as amended.
572

SJ 63 PCS

1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For additional necessary expenses for ‘‘Facilities and

4 Equipment’’, $144,200,000, to be derived from the Air5 port and Airway Trust Fund and to remain available until

6 September 30, 1999: Provided, That the funds provided

7 shall only be for non-competitive contracts or cooperative

8 agreements with air carriers and airport authorities, which

9 provide for the Federal Aviation Administration to pur10 chase and assist in installation of advanced security equip11 ment for the use of such entities: Provided further, That

12 such amount is designated by Congress as an emergency

13 requirement pursuant to section 251(b)(2)(D)(i) of the

14 Balanced Budget and Emergency Deficit Control Act of

15 1985, as amended.

16 RESEARCH, ENGINEERING, AND DEVELOPMENT

17 (AIRPORT AND AIRWAY TRUST FUND)

18 For an additional amount for ‘‘Research, Engineer19 ing, and Development’’, $21,000,000, to be derived from

20 the Airport and Airway Trust Fund and to remain avail21 able until September 30, 1999: Provided, That the funds

22 provided shall only be for aviation security research and

23 operational testing of document trace scanners and explo24 sive detection portals for airport passengers: Provided fur25 ther, That such amount is designated by Congress as an

26 emergency requirement pursuant to section
573

SJ 63 PCS

1 251(b)(2)(D)(i) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985, as amended.

3 RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

4 RESEARCH AND SPECIAL PROGRAMS

5 For expenses necessary for ‘‘Research and Special

6 Programs’’ to conduct vulnerability and threat assess7 ments of the nation’s transportation system, $3,000,000,

8 to remain available until September 30, 1999: Provided,

9 That the entire amount is designated by Congress as an

10 emergency requirement pursuant to section

11 251(b)(2)(D)(i) of the Balanced Budget and Emergency

12 Deficit Control Act of 1985, as amended.

13 RELATED AGENCY

14 NATIONAL TRANSPORTATION SAFETY BOARD

15 SALARIES AND EXPENSES

16 For an additional amount for ‘‘Salaries and Ex17 penses’’, $6,000,000, to reimburse other federal agencies

18 for previously incurred costs of recovering wreckage from

19 TWA flight 800, and for other costs related to the TWA

20 800 accident investigation: Provided, That the entire

21 amount is designated by Congress as an emergency re22 quirement pursuant to section 251(b)(2)(D)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985,

24 as amended.
574

SJ 63 PCS

1 EMERGENCY FUND

2 For necessary expenses of the National Transpor3 tation Safety Board for accident investigations, including

4 hire of passenger motor vehicles and aircraft; services as

5 authorized by 5 U.S.C. 3109, but at rates for individuals

6 not to exceed the per diem rate equivalent to the rate for

7 a GS–18; uniforms, or allowances therefor, as authorized

8 by law (5 U.S.C. 5901–5902), $1,000,000: Provided, That

9 the entire amount is designated by Congress as an emer10 gency requirement pursuant to section 251(b)(2)(D)(i) of

11 the Balanced Budget and Emergency Deficit Control Act

12 of 1985, as amended.

13 (j) For additional amounts in 1997 for programs,

14 projects, or activities, provided as follows:

15 DISTRICT OF COLUMBIA

16 FEDERAL PAYMENT FOR EDUCATION FACILITIES

17 IMPROVEMENT IN THE DISTRICT OF COLUMBIA

18 For a Federal contribution to the District of Colum19 bia Financial Responsibility and Management Assistance

20 Authority (referred to in this heading as the ‘‘Authority’’)

21 for contracting with a private entity (or entities) to carry

22 out a program of school facility repair of public schools

23 and public charter schools located in public school facilities

24 in the District of Columbia, in consultation with the Gen25 eral Services Administration, $40,000,000, to remain

26 available until expended: Provided, That an additional
575

SJ 63 PCS

1 amount estimated to be $40,700,000 shall be available to

2 the Authority for contracting as provided under this head3 ing to be derived from reallocations as follows: (1) funds

4 made available under the heading ‘‘PUBLIC EDU5 CATION SYSTEM’’ in Public Law 104–194 for school

6 repairs in a restricted line item; (2) all capital financing

7 authority made available for public school capital improve8 ments in Public Law 104–194; and (3) all capital financ9 ing authority made available for public school capital im10 provements which are or remain available from Public

11 Law 104–134 or any previous appropriations Act for the

12 District of Columbia: Provided further, That the General

13 Services Administration, in consultation with the District

14 of Columbia Public Schools and the District of Columbia

15 Council and subject to the approval of the Authority and

16 the Committees on Appropriations of the Senate and the

17 House of Representatives, shall provide program manage18 ment services to assist in the short-term management of

19 the repairs and capital improvements: Provided further,

20 That contracting authorized under this heading shall be

21 conducted in accordance with Federal procurement rules

22 and regulations and guidelines or such guidelines as pre23 scribed by the Authority.
576

SJ 63 PCS

1 DEPARTMENT OF TRANSPORTATION

2 FEDERAL AVIATION ADMINISTRATION

3 GRANTS-IN-AID FOR AIRPORTS

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (RESCISSION OF CONTRACT AUTHORIZATION)

6 Of the available contract authority balances under

7 this heading, $50,000,000 are rescinded.

8 FEDERAL HIGHWAY ADMINISTRATION

9 HIGHWAY-RELATED SAFETY GRANTS

10 (HIGHWAY TRUST FUND)

11 (RESCISSION OF CONTRACT AUTHORIZATION)

12 Of the available contract authority balances under

13 this heading, $9,100,000 are rescinded.

14 MOTOR CARRIER SAFETY GRANTS

15 (HIGHWAY TRUST FUND)

16 (RESCISSION OF CONTRACT AUTHORIZATION)

17 Of the available contract authority balances under

18 this heading, $12,300,000 are rescinded.

19 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

20 HIGHWAY TRAFFIC SAFETY GRANTS

21 (HIGHWAY TRUST FUND)

22 (RESCISSION OF CONTRACT AUTHORIZATION)

23 Of the available contract authority balances under

24 this heading, $11,800,000 are rescinded.
577

SJ 63 PCS

1 TRANSFER OF FUNDS TO OFFICIAL MAIL ACCOUNTS.

2 SEC. 102. (a) Each Member of the Senate may, sub3 ject to the approval of the Committee on Rules and Ad4 ministration of the Senate, during the fiscal year ending

5 September 30, 1997, at his or her election, transfer sums

6 from the Senator’s Official Personnel and Office Expense

7 Account, within the contingent fund of the Senate, to the

8 Member’s Official Mail Allowance allocated to such Mem9 ber by the Senate Committee on Rules and Administration

10 from the Senator Official Mail Costs Account, within the

11 contingent fund of the Senate.

12 (b) Any transfer of funds under the authority of this

13 section shall be for the sole purpose of mailing town meet14 ing notices and shall be made at such time or times as

15 such Member shall specify in writing to the Financial

16 Clerk of the Senate.

17 (c) A Member may not request a transfer of funds

18 under authority of this section unless the Member has

19 used 50 percent of that Member’s official mail allocation

20 for fiscal year 1997 for the purpose of mailing town meet21 ing notices. The total amount transferred by a Member

22 during the fiscal year shall not exceed that Member’s offi23 cial mail allocation for the fiscal year.
578

SJ 63 PCS

1 (d) The Committee on Rules and Administration

2 shall prescribe regulations to carry out the provisions of

3 this section.

4 SEC. 103. Of the funds appropriated under the head5 ing, ‘‘ARCHITECT OF THE CAPITOL’’, ‘‘Capitol

6 Buildings and Grounds’’, ‘‘Senate office buildings’’ in

7 Public Law 104–53, $650,000 shall remain available until

8 September 30, 1997 for furniture, furnishings, and equip9 ment for the Senate employees’ child care center.

10 SEC. 104. In fiscal year 1997 and thereafter, the Ad11 ministrator of the Federal Aviation Administration may

12 establish at individual airports such consortia of govern13 ment and aviation industry representatives as the Admin14 istrator may designate to provide advice on matters relat15 ed to aviation security and safety: Provided, That such

16 consortia shall not be considered Federal advisory commit17 tees.

18 SEC. 105. Of the funds deducted under 23 U.S.C.

19 subsection 104(a) for fiscal year 1997, $30,000,000 shall

20 be available for allocation to States authorized by section

21 1069(y) of Public Law 102–240.

22 SEC. 106. Notwithstanding any other provision of

23 law, $58,680,000, for direct loans not to exceed

24 $400,000,000 consistent with the purposes of section 505

25 of the Railroad Revitalization and Regulatory Reform Act
579

SJ 63 PCS

1 of 1976 (45 U.S.C. 825) as in effect on September 30,

2 1988, to the Alameda Corridor Transportation Authority

3 to continue the Alameda Corridor Project, including re4 placement of at-grade rail lines with a below-grade cor5 ridor and widening of the adjacent major highway: Pro6 vided, That loans not to exceed the following amounts

7 shall be made on or after the first day of the fiscal year

8 indicated:

Fiscal year 1997 ....................................................................... $140,000,000

Fiscal year 1998 ....................................................................... $140,000,000

Fiscal year 1999 ....................................................................... $120,000,000:

9 Provided further, That any loan authorized under this sec10 tion shall be structured with a maximum 30-year repay11 ment after completion of construction at an annual inter12 est rate of not to exceed the 30-year United States Treas13 ury rate and on such terms and conditions as deemed ap14 propriate by the Secretary of Transportation: Provided

15 further, That specific provisions of section 505 (a), (b) and

16 (d) through (h) shall not apply: Provided further, That the

17 Alameda Corridor Transportation Authority shall be

18 deemed to be a financially responsible person for purposes

19 of section 505 of the Act.

20 SEC. 107. Notwithstanding any other provision of

21 law, an additional $22,500,000 is hereby made available

22 to the Secretary of Transportation for grants for operat23 ing losses and related expenses under 49 U.S.C. 24104

24 and an additional $60,000,000 is hereby made available
580

SJ 63 PCS

1 for expenses under 45 U.S.C. 24909: Provided, That

2 amounts made available under this section shall be avail3 able under the same terms and conditions as funds simi4 larly made available under the Department of Transpor5 tation and Related Agencies Appropriations Act, 1997.

6 SEC. 108. In cases where an emergency ocean condi7 tion causes erosion of a bank protecting a scenic highway

8 or byway, fiscal year 1996 or fiscal year 1997 Federal

9 Highway Administration Emergency Relief funds can be

10 used to halt the erosion and stabilize the bank if such ac11 tion is necessary to protect the highway from imminent

12 failure and is less expensive than highway relocation.

13 SEC. 109. There is hereby established on the books

14 of the Treasury an account, ‘‘Support for International

15 Sporting Competitions and other Special Activities, De16 fense’’ (hereinafter referred to in this section as the ‘‘Ac17 count’’) to be available until expended for logistical and

18 security support for international sporting competitions

19 and other special events of national and international sig20 nificance (other than pay and non-travel-related allow21 ances of members of the Armed Forces of the United

22 States, except for members of the reserve components

23 thereof called or ordered to active duty in connection with

24 providing such support): Provided, That there shall be

25 credited to the Account: (a) unobligated balances of the
581

SJ 63 PCS

1 funds appropriated in Public Laws 103–335 and 104–61

2 under the headings ‘‘Summer Olympics’’; (b) any reim3 bursements received by the Department of Defense in con4 nection with support to the 1993 World University Games;

5 the 1994 World Cup Games; and the 1996 Games of the

6 XXVI Olympiad held in Atlanta Georgia; (c) any reim7 bursements received by the Department of Defense after

8 the date of enactment of this Act for logistical and security

9 support provided to international sporting competitions

10 and other special events of national and international sig11 nificance and (d) amounts specifically appropriated to the

12 Account, all to remain available until expended.

13 SEC. 110. (a) Section 501(b) of the National Defense

14 Authorization Act for Fiscal Year 1997 is amended by

15 striking out ‘‘upon the occurrence’’ and all that follows

16 through the period and inserting in lieu thereof the follow17 ing: ‘‘on the date of the enactment of this Act and apply

18 to any officer serving in the Office of Naval Research as

19 Chief of Naval Research on or after that date.’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall take effect as if included in the provi22 sions of the National Defense Authorization Act for Fiscal

23 Year 1997, to which such amendment relates.
582

SJ 63 PCS

1 TITLE II—OREGON RESOURCE CONSERVATION

2 ACT OF 1996

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Oregon Resource Con5 servation Act of 1996’’.

6 TITLE I—OPAL CREEK WILDERNESS AND

7 SCENIC RECREATION AREA

8 SEC. 101. SHORT TITLE.

9 This title may be cited as the ‘‘Opal Creek Wilderness

10 and Opal Creek Scenic Recreation Area Act of 1996’’.

11 SEC. 102. DEFINITIONS.

12 In this title:

13 (1) BULL OF THE WOODS WILDERNESS.—The

14 term ‘‘Bull of the Woods Wilderness’’ means the

15 land designated as wilderness by section 3(4) of the

16 Oregon Wilderness Act of 1984 (Public Law 98–

17 328; 16 U.S.C. 1132 note).

18 (2) OPAL CREEK WILDERNESS.—The term

19 ‘‘Opal Creek Wilderness’’ means certain land in the

20 Willamette National Forest in the State of Oregon

21 comprising approximately 12,800 acres, as generally

22 depicted on the map entitled ‘‘Proposed Opal Creek

23 Wilderness and Scenic Recreation Area’’, dated July

24 1996.
583

SJ 63 PCS

1 (3) SCENIC RECREATION AREA.—The term

2 ‘‘Scenic Recreation Area’’ means the Opal Creek

3 Scenic Recreation Area, comprising approximately

4 13,000 acres, as generally depicted on the map enti5 tled ‘‘Proposed Opal Creek Wilderness and Scenic

6 Recreation Area’’, dated July 1996 and established

7 under section 104(a)(3) of this title.

8 (4) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of Agriculture.

10 SEC. 103. PURPOSES.

11 The purposes of this title are:

12 (1) to establish a wilderness and scenic recre13 ation area to protect and provide for the enhance14 ment of the natural, scenic, recreational, historic,

15 and cultural resources of the area in the vicinity of

16 Opal Creek;

17 (2) to protect and support the economy of the

18 communities in the Santiam Canyon; and

19 (3) to provide increased protection for an im20 portant drinking water source for communities

21 served by the North Santiam River.

22 SEC. 104. ESTABLISHMENT OF OPAL CREEK WILDERNESS

23 AND SCENIC RECREATION AREA.

24 (a) ESTABLISHMENT.—On a determination by the

25 Secretary under subsection (b)—
584

SJ 63 PCS

1 (1) the Opal Creek Wilderness, as depicted on

2 the map described in section 102(2), is hereby des3 ignated as wilderness, subject to the provisions of

4 the Wilderness Act of 1964, shall become a compo5 nent of the National Wilderness System, and shall

6 be known as the Opal Creek Wilderness;

7 (2) the part of the Bull of the Woods Wilder8 ness that is located in the Willamette National For9 est shall be incorporated into the Opal Creek Wilder10 ness; and

11 (3) the Secretary shall establish the Opal Creek

12 Scenic Recreation Area in the Willamette National

13 Forest in the State of Oregon, comprising approxi14 mately 13,000 acres, as generally depicted on the

15 map described in section 102(3).

16 (b) CONDITIONS.—The designations in subsection (a)

17 shall not take effect unless the Secretary makes a deter18 mination, not later than 2 years after the date of enact19 ment of this title, that the following conditions have been

20 met:

21 (1) the following have been donated to the

22 United States in an acceptable condition and with23 out encumbrances—

24 (A) all right, title, and interest in the fol25 lowing patented parcels of land—
585

SJ 63 PCS

1 (i) Santiam number 1, mineral survey

2 number 992, as described in patent num3 ber 39–92–0002, dated December 11,

4 1991;

5 (ii) Ruth Quartz Mine number 2, min6 eral survey number 994, as described in

7 patent number 39–91–0012, dated Feb8 ruary 12, 1991;

9 (iii) Morning Star Lode, mineral sur10 vey number 993, as described in patent

11 number 36–91–0011, dated February 12,

12 1991;

13 (B) all right, title, and interest held by any

14 entity other than the Times Mirror Land and

15 Timber Company, its successors and assigns, in

16 and to lands located in section 18, township 8

17 south, range 5 east, Marion County, Oregon,

18 Eureka numbers 6, 7, 8, and 13 mining claims;

19 and

20 (C) an easement across the Hewitt, Star21 vation, and Poor Boy Mill Sites, mineral survey

22 number 990, as described in patent number 36–

23 91–0017, dated May 9, 1991. In the sole dis24 cretion of the Secretary, such easement may be

25 limited to administrative use if an alternative
586

SJ 63 PCS

1 access route, adequate and appropriate for pub2 lic use, is provided.

3 (2) a binding agreement has been executed by

4 the Secretary and the owners of record as of March

5 29, 1996, of the following interests, specifying the

6 terms and conditions for the disposition of such in7 terests to the United States Government—

8 (A) the lode mining claims known as Prin9 cess Lode, Black Prince Lode, and King num10 ber 4 Lode, embracing portions of sections 29

11 and 32, township 8 south, range 5 east, Wil12 lamette Meridian, Marion County, Oregon, the

13 claims being more particularly described in the

14 field notes and depicted on the plat of mineral

15 survey number 887, Oregon; and

16 (B) Ruth Quartz Mine number 1, mineral

17 survey number 994, as described in patent

18 number 39–91–0012, dated February 12, 1991.

19 (c) ADDITIONS TO THE WILDERNESS AND SCENIC

20 RECREATION AREAS.—

21 (1) Lands or interests in lands conveyed to the

22 United States under this section shall be included in

23 and become part of, as appropriate, Opal Creek Wil24 derness or the Opal Creek Scenic Recreation Area.
587

SJ 63 PCS

1 (2) On acquiring all or substantially all of the

2 land located in section 36, township 8 south, range

3 4 east, of the Willamette Meridian, Marion County,

4 Oregon, commonly known as the Rosboro section, by

5 exchange, purchase from a willing seller, or by dona6 tion, the Secretary shall expand the boundary of the

7 Scenic Recreation Area to include such land.

8 (3) On acquiring all or substantially all of the

9 land located in section 18, township 8 south, range

10 5 east, Marion County, Oregon, commonly known as

11 the Times Mirror property, by exchange, purchase

12 from a willing seller, or by donation, such land shall

13 be included in and become a part of the Opal Creek

14 Wilderness.

15 SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION

16 AREA.

17 (a) IN GENERAL.—The Secretary shall administer

18 the Scenic Recreation Area in accordance with this title

19 and the laws (including regulations) applicable to the Na20 tional Forest System.

21 (b) OPAL CREEK MANAGEMENT PLAN.—

22 (1) IN GENERAL.—Not later than 2 years after

23 the date of establishment of the Scenic Recreation

24 Area, the Secretary, in consultation with the advi25 sory committee established under section 106(a),
588

SJ 63 PCS

1 shall prepare a comprehensive Opal Creek Manage2 ment Plan (Management Plan) for the Scenic Recre3 ation Area.

4 (2) INCORPORATION IN LAND AND RESOURCE

5 MANAGEMENT PLAN.—Upon its completion, the Opal

6 Creek Management Plan shall become part of the

7 land and resource management plan for the Willam8 ette National Forest and supersede any conflicting

9 provision in such land and resource management

10 plan. Nothing in this paragraph shall be construed

11 to supersede the requirements of the Endangered

12 Species Act or the National Forest Management Act

13 or regulations promulgated under those Acts, or any

14 other law.

15 (3) REQUIREMENTS.—The Opal Creek Manage16 ment Plan shall provide for a broad range of land

17 uses, including—

18 (A) recreation;

19 (B) harvesting of nontraditional forest

20 products, such as gathering mushrooms and

21 material to make baskets; and

22 (C) educational and research opportunities.

23 (4) PLAN AMENDMENTS.—The Secretary may

24 amend the Opal Creek Management Plan as the Sec-
589

SJ 63 PCS

1 retary may determine to be necessary, consistent

2 with the procedures and purposes of this title.

3 (c) RECREATION.—

4 (1) RECOGNITION.—Congress recognizes recre5 ation as an appropriate use of the Scenic Recreation

6 Area.

7 (2) MINIMUM LEVELS.—The management plan

8 shall permit recreation activities at not less than the

9 levels in existence on the date of enactment of this

10 title.

11 (3) HIGHER LEVELS.—The management plan

12 may provide for levels of recreation use higher than

13 the levels in existence on the date of enactment of

14 this title if such uses are consistent with the protec15 tion of the resource values of Scenic Recreation

16 Area.

17 (4) The management plan may include public

18 trail access through section 28, township 8 south,

19 range 5 east, Willamette Meridian, to Battle Axe

20 Creek, Opal Pool and other areas in the Opal Creek

21 Wilderness and the Opal Creek Scenic Recreation

22 Area.

23 (d) TRANSPORTATION PLANNING.—

24 (1) IN GENERAL.—Except as provided in this

25 subparagraph, motorized vehicles shall not be per-
590

SJ 63 PCS

1 mitted in the Scenic Recreation Area. To maintain

2 reasonable motorized and other access to recreation

3 sites and facilities in existence on the date of enact4 ment of this title, the Secretary shall prepare a

5 transportation plan for the Scenic Recreation Area

6 that:

7 (A) evaluates the road network within the

8 Scenic Recreation Area to determine which

9 roads should be retained and which roads

10 should be closed;

11 (B) provides guidelines for transportation

12 and access consistent with this title;

13 (C) considers the access needs of persons

14 with disabilities in preparing the transportation

15 plan for the Scenic Recreation Area;

16 (D) allows forest road 2209 beyond the

17 gate to the Scenic Recreation Area, as depicted

18 on the map described in 102(2), to be used by

19 motorized vehicles only for administrative pur20 poses and for access by private inholders, sub21 ject to such terms and conditions as the Sec22 retary may determine to be necessary; and

23 (E) restricts construction on or improve24 ments to forest road 2209 beyond the gate to

25 the Scenic Recreation Area to maintaining the
591

SJ 63 PCS

1 character of the road as it existed upon the

2 date of enactment of this title, which shall not

3 include paving or widening. In order to comply

4 with subsection 107(b) of this title, the Sec5 retary may make improvements to forest road

6 2209 and its bridge structures consistent with

7 the character of the road as it existed on the

8 date of enactment of this title.

9 (e) HUNTING AND FISHING.—

10 (1) IN GENERAL.—Subject to applicable Fed11 eral and State law, the Secretary shall permit hunt12 ing and fishing in the Scenic Recreation Area.

13 (2) LIMITATION.—The Secretary may designate

14 zones in which, and establish periods when, no hunt15 ing or fishing shall be permitted for reasons of pub16 lic safety, administration, or public use and enjoy17 ment of the Scenic Recreation Area.

18 (3) CONSULTATION.—Except during an emer19 gency, as determined by the Secretary, the Secretary

20 shall consult with the Oregon State Department of

21 Fish and Wildlife before issuing any regulation

22 under this subsection.

23 (f) TIMBER CUTTING.—
592

SJ 63 PCS

1 (1) IN GENERAL.—Subject to paragraph (2),

2 the Secretary shall prohibit the cutting and/or sell3 ing of trees in the Scenic Recreation Area.

4 (2) PERMITTED CUTTING.—

5 (A) IN GENERAL.—Subject to subpara6 graph (B), the Secretary may allow the cutting

7 of trees in the Scenic Recreation Area only—

8 (i) for public safety, such as to control

9 the continued spread of a forest fire in the

10 Scenic Recreation Area or on land adjacent

11 to the Scenic Recreation Area;

12 (ii) for activities related to adminis13 tration of the Scenic Recreation Area, con14 sistent with the Opal Creek Management

15 Plan; or

16 (iii) for removal of hazard trees along

17 trails and roadways.

18 (B) SALVAGE SALES.—The Secretary may

19 not allow a salvage sale in the Scenic Recre20 ation Area.

21 (g) WITHDRAWAL.—

22 (1) Subject to valid existing rights, all lands in

23 the Scenic Recreation Area are withdrawn from—

24 (i) any form of entry, appropriation, or

25 disposal under the public land laws;
593

SJ 63 PCS

1 (ii) location, entry, and patent under the

2 mining laws; and

3 (iii) disposition under the mineral and geo4 thermal leasing laws.

5 (h) BORNITE PROJECT.—

6 (1) Nothing in this title shall be construed to

7 interfere with or approve any exploration, mining, or

8 mining-related activity in the Bornite Project Area,

9 depicted on the map described in subsection 102(3),

10 conducted in accordance with applicable laws.

11 (2) Nothing in this title shall be construed to

12 interfere with the ability of the Secretary to approve

13 and issue, or deny, special use permits in connection

14 with exploration, mining, and mining-related activi15 ties in the Bornite Project Area.

16 (3) Motorized vehicles, roads, structures, and

17 utilities (including but not limited to power lines and

18 water lines) may be allowed inside the Scenic Recre19 ation Area to serve the activities conducted on land

20 within the Bornite Project.

21 (4) After the date of enactment of this title, no

22 patent or claim shall be issued for any mining claim

23 under the general mining laws located within the

24 Bornite Project Area.
594

SJ 63 PCS

1 (i) WATER IMPOUNDMENTS.—Notwithstanding the

2 Federal Power Act (16 U.S.C. 791a et seq.), the Federal

3 Energy Regulatory Commission may not license the con4 struction of any dam, water conduit, reservoir, power5 house, transmission line, or other project work in the Sce6 nic Recreation Area, except as may be necessary to comply

7 with the provisions of subsection 105(h) with regard to

8 the Bornite Project.

9 (j) CULTURAL AND HISTORIC RESOURCE INVEN10 TORY.—

11 (1) IN GENERAL.—Not later than 1 year after

12 the date of establishment of the Scenic Recreation

13 Area, the Secretary shall review and revise the in14 ventory of the cultural and historic resources on the

15 public land in the Scenic Recreation Area developed

16 pursuant to the Oregon Wilderness Act of 1984

17 (Public Law 98–328; 16 U.S.C. 1132).

18 (2) INTERPRETATION.—Interpretive activities

19 shall be developed under the management plan in

20 consultation with State and local historic preserva21 tion organizations and shall include a balanced and

22 factual interpretation of the cultural, ecological, and

23 industrial history of forestry and mining in the Sce24 nic Recreation Area.
595

SJ 63 PCS

1 (k) PARTICIPATION.—So that the knowledge, exper2 tise, and views of all agencies and groups may contribute

3 affirmatively to the most sensitive present and future use

4 of the Scenic Recreation Area and its various subareas

5 for the benefit of the public:

6 (1) ADVISORY COUNCIL.—The Secretary shall

7 consult on a periodic and regular basis with the ad8 visory council established under section 106 with re9 spect to matters relating to management of the Sce10 nic Recreation Area.

11 (2) PUBLIC PARTICIPATION.—The Secretary

12 shall seek the views of private groups, individuals,

13 and the public concerning the Scenic Recreation

14 Area.

15 (3) OTHER AGENCIES.—The Secretary shall

16 seek the views and assistance of, and cooperate with,

17 any other Federal, State, or local agency with any

18 responsibility for the zoning, planning, or natural re19 sources of the Scenic Recreation Area.

20 (4) NONPROFIT AGENCIES AND ORGANIZA21 TIONS.—The Secretary shall seek the views of any

22 nonprofit agency or organization that may contrib23 ute information or expertise about the resources and

24 the management of the Scenic Recreation Area.
596

SJ 63 PCS

1 SEC. 106. ADVISORY COUNCIL.

2 (a) ESTABLISHMENT.—Not later than 90 days after

3 the establishment of the Scenic Recreation Area, the Sec4 retary shall establish an advisory council for the Scenic

5 Recreation Area.

6 (b) MEMBERSHIP.—The advisory council shall consist

7 of not more than 13 members, of whom—

8 (1) 1 member shall represent Marion County,

9 Oregon, and shall be designated by the governing

10 body of the county;

11 (2) 1 member shall represent the State of Or12 egon and shall be designated by the Governor of Or13 egon; and

14 (3) 1 member shall represent the city of Salem,

15 and shall be designated by the mayor of Salem, Or16 egon;

17 (4) 1 member from a city within a 25-mile ra18 dius of the Opal Creek Scenic Recreation Area, to

19 be designated by the Governor of the State of Or20 egon from a list of candidates provided by the may21 ors of the cities located within a 25-mile radius of

22 the Opal Creek Scenic Recreation Area; and

23 (5) not more than 9 members shall be ap24 pointed by the Secretary from among persons who,

25 individually or through association with a national or

26 local organization, have an interest in the adminis-
597

SJ 63 PCS

1 tration of the Scenic Recreation Area, including, but

2 not limited to, representatives of the timber indus3 try, environmental organizations, the mining indus4 try, inholders in the Opal Creek Wilderness and Sce5 nic Recreation Area, economic development interests

6 and Indian Tribes.

7 (c) STAGGERED TERMS.—Members of the advisory

8 council shall serve for staggered terms of three years.

9 (d) CHAIRMAN.—The Secretary shall designate one

10 member of the advisory council as chairman.

11 (e) VACANCIES.—The Secretary shall fill a vacancy

12 on the advisory council in the same manner as the original

13 appointment.

14 (f) COMPENSATION.—Members of the advisory coun15 cil shall receive no compensation for service on the advi16 sory council.

17 SEC. 107. GENERAL PROVISIONS.

18 (a) LAND ACQUISITION.—

19 (1) IN GENERAL.—Subject to the other provi20 sions of this title the Secretary may acquire any

21 lands or interests in land in the Scenic Recreation

22 Area or the Opal Creek Wilderness that the Sec23 retary determines are needed to carry out this title.

24 (2) PUBLIC LAND.—Any lands or interests in

25 land owned by a State or a political subdivision of
598

SJ 63 PCS

1 a State may be acquired only by donation or ex2 change.

3 (3) CONDEMNATION.—Within the boundaries of

4 the Opal Creek Wilderness or the Scenic Recreation

5 Area, the Secretary may not acquire any privately

6 owned land or interest in land without the consent

7 of the owner unless the Secretary finds that—

8 (A) the nature of land use has changed

9 significantly, or the landowner has dem10 onstrated intent to change the land use signifi11 cantly, from the use that existed on the date of

12 the enactment of this title; and

13 (B) acquisition by the Secretary of the

14 land or interest in land is essential to ensure

15 use of the land or interest in land in accordance

16 with the purposes of this title or the manage17 ment plan prepared under section 105(b).

18 (4) Nothing in this title shall be construed to

19 enhance or diminish the condemnation authority

20 available to the Secretary outside the boundaries of

21 the Opal Creek Wilderness or the Scenic Recreation

22 Area.

23 (b) ENVIRONMENTAL RESPONSE ACTIONS AND COST

24 RECOVERY.—
599

SJ 63 PCS

1 (1) RESPONSE ACTIONS.—Nothing in this title

2 shall limit the authority of the Secretary or a re3 sponsible party to conduct an environmental re4 sponse action in the Scenic Recreation Area in con5 nection with the release, threatened release, or clean6 up of a hazardous substance, pollutant, or contami7 nant, including a response action conducted under

8 the Comprehensive Environmental Response, Com9 pensation, and Liability Act of 1980 (42 U.S.C.

10 9601 et seq.).

11 (2) LIABILITY.—Nothing in this title shall limit

12 the authority of the Secretary or a responsible party

13 to recover costs related to the release, threatened re14 lease, or cleanup of any hazardous substance or pol15 lutant or contaminant in the Scenic Recreation

16 Area.

17 (c) MAPS AND DESCRIPTION.—

18 (1) IN GENERAL.—As soon as practicable after

19 the date of enactment of this title, the Secretary

20 shall file a map and a boundary description for the

21 Opal Creek Wilderness and for the Scenic Recre22 ation Area with the Committee on Resources of the

23 House of Representatives and the Committee on En24 ergy and Natural Resources of the Senate.
600

SJ 63 PCS

1 (2) FORCE AND EFFECT.—The boundary de2 scription and map shall have the same force and ef3 fect as if the description and map were included in

4 this title, except that the Secretary may correct cler5 ical and typographical errors in the boundary de6 scription and map.

7 (3) AVAILABILITY.—The map and boundary de8 scription shall be on file and available for public in9 spection in the Office of the Chief of the Forest

10 Service, Department of Agriculture.

11 (d) Nothing in this title shall interfere with any activ12 ity for which a special use permit has been issued, has

13 not been revoked, and has not expired, before the date

14 of enactment of this title, subject to the terms of the per15 mit.

16 SEC. 108. ROSBORO LAND EXCHANGE.

17 (a) AUTHORIZATION.—Notwithstanding any other

18 law, if the Rosboro Lumber Company (referred to in this

19 section as ‘‘Rosboro’’) offers and conveys marketable title

20 to the United States to the land described in subsection

21 (b), the Secretary of Agriculture shall convey all right,

22 title and interest held by the United States to sufficient

23 lands described in subsection (c) to Rosboro, in the order

24 in which they appear in subsection (c), as necessary to

25 satisfy the equal value requirements of subsection (d).
601

SJ 63 PCS

1 (b) LAND TO BE OFFERED BY ROSBORO.—The land

2 referred to in subsection (a) as the land to be offered by

3 Rosboro shall comprise Section 36, Township 8 South,

4 range 4 east, Willamette Meridian.

5 (c) LAND TO BE CONVEYED BY THE UNITED

6 STATES.—The land referred to in subsection (a) as the

7 land to be conveyed by the United States shall comprise

8 sufficient land from the following prioritized list to be of

9 equal value under subparagraph (d):

10 (1) Section 5, Township 17 South, Range 4

11 East, Lot 7 (37.63 acres).

12 (2) Section 2, Township 17 South, Range 4

13 East, Lot 3 (29.28 acres).

14 (3) Section 13, Township 17 South, Range 4

15 East, S 1/2 SE 1/4 (80 acres).

16 (4) Section 2, Township 17 South, Range 4

17 East, SW 1/4 SW 1/4 (40 acres).

18 (5) Section 2, Township 17 South, Range 4

19 East, NW 1/4 SE 1/4 (40 acres).

20 (6) Section 8, Township 17 South, Range 4

21 East, SE 1/4 SW 1/4 (40 acres).

22 (7) Section 11, Township 17 South, Range 4

23 East, W 1/2 NW 1/4 (80 acres).

24 (d) EQUAL VALUE.—The land and interests in land

25 exchanged under this section shall be of equal market
602

SJ 63 PCS

1 value as determined by nationally recognized appraisal

2 standards, including, to the extent appropriate, the Uni3 form Standards for Federal Land Acquisition, the Uni4 form Standards of Professional Appraisal Practice, or

5 shall be equalized by way of payment of cash pursuant

6 to the provisions of section 206(d) of the Federal Land

7 Policy and Management Act of 1976 (43 U.S.C. 1716(d)),

8 and other applicable law. The appraisal shall consider ac9 cess costs for the parcels involved.

10 (e) TIMETABLE.—

11 (1) The exchange directed by this section shall

12 be consummated not later than 120 days after the

13 date Rosboro offers and conveys the property de14 scribed in subsection (b) to the United States.

15 (2) The authority provided by this section shall

16 lapse if Rosboro fails to offer the land described in

17 subsection (b) within two years after the date of en18 actment of this title.

19 (f) Rosboro shall have the right to challenge in Unit20 ed States District Court for the District of Oregon a deter21 mination of marketability under subsection (a) and a de22 termination of value for the lands described in subsections

23 (b) and (c) by the Secretary of Agriculture. The Court

24 shall have the authority to order the Secretary to complete

25 the transaction contemplated in this Section.
603

SJ 63 PCS

1 (g) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section.

4 SEC. 109. DESIGNATION OF ELKHORN CREEK AS A WILD

5 AND SCENIC RIVER.

6 Section 3(a) of the Wild and Scenic Rivers Act (16

7 U.S.C. 1274(a)) is amended by adding at the end the fol8 lowing:

9 ‘‘( ) (A) ELKHORN CREEK.—The 6.4 mile segment

10 traversing federally administered lands from that point

11 along the Willamette National Forest boundary on the

12 common section line between Sections 12 and 13, Town13 ship 9 South, Range 4 East, Willamette Meridian, to that

14 point where the segment leaves federal ownership along

15 the Bureau of Land Management boundary in Section 1,

16 Township 9 South, Range 3 East, Willamette Meridian,

17 in the following classes:

18 ‘‘(i) a 5.8-mile wild river area, extending from

19 that point along the Willamette National Forest

20 boundary on the common section line between Sec21 tions 12 and 13, Township 9 South, Range 4 East,

22 Willamette Meridian, to its confluence with Buck

23 Creek in Section 1, Township 9 South, Range 3

24 East, Willamette Meridian, to be administered as
604

SJ 63 PCS

1 agreed on by the Secretaries of Agriculture and the

2 Interior, or as directed by the President; and

3 ‘‘(ii) a 0.6-mile scenic river area, extending

4 from the confluence with Buck Creek in Section 1,

5 Township 9 South, Range 3 East, Willamette Merid6 ian, to that point where the segment leaves federal

7 ownership along the Bureau of Land Management

8 boundary in Section 1, Township 9 South, Range 3

9 East, Willamette Meridian, to be administered by

10 the Secretary of Interior, or as directed by the

11 President.

12 ‘‘(B) Notwithstanding section 3(b) of this Act, the

13 lateral boundaries of both the wild river area and the sce14 nic river area along Elkhorn Creek shall include an aver15 age of not more than 640 acres per mile measured from

16 the ordinary high water mark on both sides of the river.’’

17 SEC. 110. ECONOMIC DEVELOPMENT.

18 (a) ECONOMIC DEVELOPMENT PLAN.—As a condi19 tion for receiving funding under subsection (b) of this sec20 tion, the State of Oregon, in consultation with Marion

21 County and the Secretary of Agriculture, shall develop a

22 plan for economic development projects for which grants

23 under this section may be used in a manner consistent

24 with this title and to benefit local communities in the vi25 cinity of the Opal Creek area. Such plan shall be based
605

SJ 63 PCS

1 on an economic opportunity study and other appropriate

2 information.

3 (b) FUNDS PROVIDED TO THE STATES FOR

4 GRANTS.—Upon completion of the Opal Creek Manage5 ment Plan, and receipt of the plan referred to in sub6 section (a) of this section, the Secretary shall provide, sub7 ject to appropriations, $15,000,000, to the State of Or8 egon. Such funds shall be used to make grants or loans

9 for economic development projects that further the pur10 poses of this title and benefit the local communities in the

11 vicinity of Opal Creek.

12 (c) REPORT.—The State of Oregon shall—

13 (1) prepare and provide the Secretary and Con14 gress with an annual report on the use of the funds

15 made available under this section;

16 (2) make available to the Secretary and to Con17 gress, upon request, all accounts, financial records,

18 and other information related to grants and loans

19 made available pursuant to this section; and

20 (3) as loans are repaid, make additional grants

21 and loans with the money made available for obliga22 tion by such repayments.
606

SJ 63 PCS

1 TITLE II—UPPER KLAMATH BASIN

2 SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORA3 TION PROJECTS.

4 (a) DEFINITIONS.—In this section:

5 (1) ECOSYSTEM RESTORATION OFFICE.—The

6 term ‘‘Ecosystem Restoration Office’’ means the

7 Klamath Basin Ecosystem Restoration Office oper8 ated cooperatively by the United States Fish and

9 Wildlife Service, Bureau of Reclamation, Bureau of

10 Land Management, and Forest Service.

11 (2) WORKING GROUP.—The term ‘‘Working

12 Group’’ means the Upper Klamath Basin Working

13 Group, established before the date of enactment of

14 this title, consisting of members nominated by their

15 represented groups, including:

16 (A) 3 tribal members;

17 (B) 1 representative of the city of Klamath

18 Falls, Oregon;

19 (C) 1 representative of Klamath County,

20 Oregon;

21 (D) 1 representative of institutions of

22 higher education in the Upper Klamath Basin;

23 (E) 4 representatives of the environmental

24 community, including at least one such rep25 resentative from the State of California with in-
607

SJ 63 PCS

1 terests in the Klamath Basin National Wildlife

2 Refuge Complex;

3 (F) 4 representatives of local businesses

4 and industries, including at least one represent5 ative of the wood products industry and one

6 representative of the ocean commercial fishing

7 industry and/or the recreational fishing industry

8 based in either Oregon or California;

9 (G) 4 representatives of the ranching and

10 farming community, including representatives

11 of Federal lease-land farmers and ranchers and

12 of private land farmers and ranchers in the

13 Upper Klamath Basin;

14 (H) 2 representatives from State of Or15 egon agencies with authority and responsibility

16 in the Klamath River Basin, including one from

17 the Oregon Department of Fish and Wildlife

18 and one from the Oregon Water Resources De19 partment;

20 (I) 4 representatives from the local com21 munity;

22 (J) 1 representative each from the follow23 ing Federal resource management agencies in

24 the Upper Klamath Basin: Fish and Wildlife

25 Service, Bureau of Reclamation, Bureau of
608

SJ 63 PCS

1 Land Management, Bureau of Indian Affairs,

2 Forest Service, Natural Resources Conservation

3 Service, National Marine Fisheries Service and

4 Ecosystem Restoration Office; and

5 (K) 1 representative of the Klamath Coun6 ty Soil and Water Conservation District.

7 (3) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Interior.

9 (4) TASK FORCE.—The term ‘‘Task Force’’

10 means the Klamath River Basin Fisheries Task

11 Force as established by the Klamath River Basin

12 Fishery Resource Restoration Act (Public Law 99–

13 552, 16 U.S.C. 460ss–3, et.seq.).

14 (5) COMPACT COMMISSION.—The term ‘‘Com15 pact Commission’’ means the Klamath River Basin

16 Compact Commission created pursuant to the Klam17 ath River Compact Act of 1954.

18 (6) CONSENSUS.—The term ‘‘consensus’’ means

19 a unanimous agreement by the Working Group

20 members present and consisting of at least a

21 quorum at a regularly scheduled business meeting.

22 (7) QUORUM.—The term ‘‘quorum’’ means one

23 more than half of those qualified Working Group

24 members appointed and eligible to serve.
609

SJ 63 PCS

1 (8) TRINITY TASK FORCE.—The term ‘‘Trinity

2 Task Force’’ means the Trinity River Restoration

3 Task Force created by Public Law 98–541, as

4 amended by Public Law 104–143.

5 (b) IN GENERAL.—

6 (1) The Working Group through the Ecosystem

7 Restoration Office, with technical assistance from

8 the Secretary, will propose ecological restoration

9 projects, economic development and stability

10 projects, and projects designed to reduce the impacts

11 of drought conditions to be undertaken in the Upper

12 Klamath Basin based on a consensus of the Working

13 Group membership.

14 (2) The Secretary shall pay, to the greatest ex15 tent feasible, up to 50 percent of the cost of per16 forming any project approved by the Secretary or his

17 designee, up to a total amount of $1,000,000 during

18 each of fiscal years 1997 through 2001.

19 (3) Funds made available under this title

20 through the Department of the Interior or the De21 partment of Agriculture shall be distributed through

22 the Ecosystem Restoration Office.

23 (4) The Ecosystem Restoration Office may uti24 lize not more than 15 percent of all Federal funds
610

SJ 63 PCS

1 administered under this section for administrative

2 costs relating to the implementation of this title.

3 (5) All funding recommendations developed by

4 the Working Group shall be based on a consensus of

5 Working Group members.

6 (c) COORDINATION.—

7 (1) The Secretary shall formulate a cooperative

8 agreement among the Working Group, the Task

9 Force, the Trinity Task Force and the Compact

10 Commission for the purposes of ensuring that

11 projects proposed and funded through the Working

12 Group are consistent with other basin-wide fish and

13 wildlife restoration and conservation plans, including

14 but not limited to plans developed by the Task Force

15 and the Compact Commission.

16 (2) To the greatest extent practicable, the

17 Working Group shall provide notice to, and accept

18 input from, two members each of the Task Force,

19 the Trinity Task Force, and the Compact Commis20 sion, so appointed by those entities, for the express

21 purpose of facilitating better communication and co22 ordination regarding additional basin-wide fish and

23 wildlife and ecosystem restoration and planning ef24 forts. The roles and relationships of the entities in-
611

SJ 63 PCS

1 volved shall be clarified in the cooperative agree2 ment.

3 (d) PUBLIC MEETINGS.—The Working Group shall

4 conduct all meetings subject to applicable open meeting

5 and public participation laws. The chartering require6 ments of 5 U.S.C. App 2 ss 1–15 are hereby deemed to

7 have been met by this section.

8 (e) TERMS AND VACANCIES.—Working Group mem9 bers shall serve for 3-year terms, beginning on the date

10 of enactment of this title. Vacancies which occur for any

11 reason after the date of enactment of this title shall be

12 filled by direct appointment of the governor of the State

13 of Oregon, in consultation with the Secretary of the Inte14 rior and the Secretary of Agriculture, in accordance with

15 nominations from the appropriate groups, interests, and

16 government agencies outlined in subsection (a)(2).

17 (f) RIGHTS, DUTIES AND AUTHORITIES UNAF18 FECTED.—The Working Group will supplement, rather

19 than replace, existing efforts to manage the natural re20 sources of the Klamath Basin. Nothing in this title affects

21 any legal right, duty or authority of any person or agency,

22 including any member of the working group.

23 (g) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to carry out this title

25 $1,000,000 for each of fiscal years 1997 through 2002.
612

SJ 63 PCS

1 TITLE III—DESCHUTES BASIN

2 SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION

3 PROJECTS.

4 (a) DEFINITIONS.—In this section:

5 (1) WORKING GROUP.—The term ‘‘Working

6 Group’’ means the Deschutes River Basin Working

7 Group established before the date of enactment of

8 this title, consisting of members nominated by their

9 represented groups, including:

10 (A) 5 representatives of private interests

11 including one each from hydroelectric produc12 tion, livestock grazing, timber, land develop13 ment, and recreation/tourism;

14 (B) 4 representatives of private interests

15 including two each from irrigated agriculture

16 and the environmental community;

17 (C) 2 representatives from the Confed18 erated Tribes of the Warm Springs Reservation

19 of Oregon;

20 (D) 2 representatives from Federal agen21 cies with authority and responsibility in the

22 Deschutes River Basin, including one from the

23 Department of the Interior and one from the

24 Agriculture Department;
613

SJ 63 PCS

1 (E) 2 representatives from the State of Or2 egon agencies with authority and responsibility

3 in the Deschutes River Basin, including one

4 from the Oregon Department of Fish and Wild5 life and one from the Oregon Water Resources

6 Department; and

7 (F) 4 representatives from county or city

8 governments within the Deschutes River Basin

9 county and/or city governments.

10 (2) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior.

12 (3) FEDERAL AGENCIES.—The term ‘‘Federal

13 agencies’’ means agencies and departments of the

14 United States, including, but not limited to, the Bu15 reau of Reclamation, Bureau of Indian Affairs, Bu16 reau of Land Management, Fish and Wildlife Serv17 ice, Forest Service, Natural Resources Conservation

18 Service, Farm Services Agency, the National Marine

19 Fisheries Service, and the Bonneville Power Admin20 istration.

21 (4) CONSENSUS.—The term ‘‘consensus’’ means

22 a unanimous agreement by the Working Group

23 members present and constituting at least a quorum

24 at a regularly scheduled business meeting.
614

SJ 63 PCS

1 (5) QUORUM.—The term ‘‘quorum’’ means one

2 more than half of those qualified Working Group

3 members appointed and eligible to serve.

4 (b) IN GENERAL.—

5 (1) The Working Group will propose ecological

6 restoration projects on both Federal and non-Fed7 eral lands and waters to be undertaken in the

8 Deschutes River Basin based on a consensus of the

9 Working Group, provided that such projects, when

10 involving Federal land or funds, shall be proposed to

11 the Bureau of Reclamation in the Department of the

12 Interior and any other Federal agency with affected

13 land or funds.

14 (2) The Working Group will accept donations,

15 grants or other funds and place such funds received

16 into a trust fund, to be expended on ecological res17 toration projects which, when involving Federal land

18 or funds, are approved by the affected Federal agen19 cy.

20 (3) The Bureau of Reclamation shall pay from

21 funds authorized under subsection (h) of this title

22 up to 50 percent of the cost of performing any

23 project proposed by the Working Group and ap24 proved by the Secretary, up to a total amount of
615

SJ 63 PCS

1 $1,000,000 during each of the fiscal years 1997

2 through 2001.

3 (4) Non-Federal contributions to project costs

4 for purposes of computing the Federal matching

5 share under paragraph (3) of this subsection may

6 include in-kind contributions.

7 (5) Funds authorized in subsection (h) of this

8 title shall be maintained in and distributed by the

9 Bureau of Reclamation in the Department of the In10 terior. The Bureau of Reclamation shall not expend

11 more than 5 percent of amounts appropriated pursu12 ant to subsection (h) for Federal administration of

13 such appropriations pursuant to this title.

14 (6) The Bureau of Reclamation is authorized to

15 provide by grant to the Working Group not more

16 than 5 percent of funds appropriated pursuant to

17 subsection (h) of this title for not more than 50 per18 cent of administrative costs relating to the imple19 mentation of this title.

20 (7) The Federal agencies with authority and re21 sponsibility in the Deschutes River Basin shall pro22 vide technical assistance to the Working Group and

23 shall designate representatives to serve as members

24 of the Working Group.
616

SJ 63 PCS

1 (8) All funding recommendations developed by

2 the Working Group shall be based on a consensus of

3 the Working Group members.

4 (c) PUBLIC NOTICE AND PARTICIPATION.—The

5 Working Group shall conduct all meetings subject to appli6 cable open meeting and public participation laws. The

7 chartering requirements of 5 U.S.C. App 2 ss 1–15 are

8 hereby deemed to have been met by this section.

9 (d) PRIORITIES.—The Working Group shall give pri10 ority to voluntary market-based economic incentives for

11 ecosystem restoration including, but not limited to, water

12 leases and purchases; land leases and purchases; tradable

13 discharge permits; and acquisition of timber, grazing, and

14 land development rights to implement plans, programs,

15 measures, and projects.

16 (e) TERMS AND VACANCIES.—Members of the Work17 ing Group representing governmental agencies or entities

18 shall be named by the represented government agency.

19 Members of the Working Group representing private inter20 ests shall be named in accordance with the articles of in21 corporation and bylaws of the Working Group. Represent22 atives from Federal agencies will serve for terms of 3

23 years. Vacancies which occur for any reason after the date

24 of enactment of this title shall be filled in accordance with

25 this title.
617

SJ 63 PCS

1 (f) ADDITIONAL PROJECTS.—Where existing author2 ity and appropriations permit, Federal agencies may con3 tribute to the implementation of projects recommended by

4 the Working Group and approved by the Secretary.

5 (g) RIGHTS, DUTIES AND AUTHORITIES UNAF6 FECTED.—The Working Group will supplement, rather

7 than replace, existing efforts to manage the natural re8 sources of the Deschutes Basin. Nothing in this title af9 fects any legal right, duty or authority of any person or

10 agency, including any member of the working group.

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out this title

13 $1,000,000 for each of fiscal years 1997 through 2001.

14 TITLE IV—MOUNT HOOD CORRIDOR

15 SEC. 401. LAND EXCHANGE.

16 (a) AUTHORIZATION.—Notwithstanding any other

17 law, if Longview Fibre Company (referred to in this sec18 tion as ‘‘Longview’’) offers and conveys title that is accept19 able to the United States to some or all of the land de20 scribed in subsection (b), the Secretary of the Interior (re21 ferred to in this section as the ‘‘Secretary’’) shall convey

22 to Longview title to some or all of the land described in

23 subsection (c), as necessary to satisfy the requirements of

24 subsection (d).
618

SJ 63 PCS

1 (b) LAND TO BE OFFERED BY LONGVIEW.—The

2 land referred to in subsection (a) as the land to be offered

3 by Longview are those lands depicted on the map entitled

4 ‘‘Mt. Hood Corridor Land Exchange Map’’, dated July 18,

5 1996.

6 (c) LAND TO BE CONVEYED BY THE SECRETARY.—

7 The land referred to in subsection (a) as the land to be

8 conveyed by the Secretary are those lands depicted on the

9 map entitled ‘‘Mt. Hood Corridor Land Exchange Map’’,

10 dated July 18, 1996.

11 (d) EQUAL VALUE.—The land and interests in land

12 exchanged under this section shall be of equal market

13 value as determined by nationally recognized appraisal

14 standards, including, to the extent appropriate, the Uni15 form Standards for Federal Land Acquisition, the Uni16 form Standards of Professional Appraisal Practice, or

17 shall be equalized by way of payment of cash pursuant

18 to the provisions of section 206(d) of the Federal Land

19 Policy and Management Act of 1976 (43 U.S.C. 1716(d)),

20 and other applicable law.

21 (e) REDESIGNATION OF LAND TO MAINTAIN REVE22 NUE FLOW.—So as to maintain the current flow of reve23 nue from land subject to the Act entitled ‘‘An Act relating

24 to the revested Oregon and California Railroad and recon25 veyed Coos Bay Wagon Road grant land situated in the
619

SJ 63 PCS

1 State of Oregon’’, approved August 28, 1937 (43 U.S.C.

2 1181a et seq.), the Secretary may redesignate public do3 main land located in and west of Range 9 East, Willam4 ette Meridian, Oregon, as land subject to that Act.

5 (f) TIMETABLE.—The exchange directed by this sec6 tion shall be consummated not later than 1 year after the

7 date of enactment of this title.

8 (g) WITHDRAWAL OF LANDS.—All lands managed by

9 the Department of the Interior, Bureau of Land Manage10 ment, located in Townships 2 and 3 South, Ranges 6 and

11 7 East, Willamette Meridian, which can be seen from the

12 right-of-way of U.S. Highway 26 (in this section, such

13 lands are referred to as the ‘‘Mt. Hood Corridor Lands’’),

14 shall be managed primarily for the protection or enhance15 ment of scenic qualities. Management prescriptions for

16 other resource values associated with these lands shall be

17 planned and conducted for purposes other than timber

18 harvest, so as not to impair the scenic qualities of the

19 area.

20 (h) TIMBER CUTTING.—Timber cutting may be con21 ducted on Mt. Hood Corridor Lands following a resource22 damaging catastrophic event. Such cutting may only be

23 conducted to achieve the following resource management

24 objectives, in compliance with the current land use plans—
620

SJ 63 PCS

1 (1) to maintain safe conditions for the visiting

2 public;

3 (2) to control the continued spread of forest

4 fire;

5 (3) for activities related to administration of

6 the Mt. Hood Corridor Lands; or

7 (4) for removal of hazard trees along trails and

8 roadways.

9 (i) ROAD CLOSURE.—The forest road gate located on

10 Forest Service Road 2503, located in T. 2 S., R. 6 E.,

11 sec. 14, shall remain closed and locked to protect resources

12 and prevent illegal dumping and vandalism. Access to this

13 road shall be limited to—

14 (1) Federal and State officers and employees

15 acting in an official capacity;

16 (2) employees and contractors conducting au17 thorized activities associated with the telecommuni18 cation sites located in T. 2 S., R. 6 E., sec. 14; and

19 (3) the general public for recreational purposes,

20 except that all motorized vehicles will be prohibited.

21 (j) NEPA EXEMPTION.—The National Environ22 mental Policy Act of 1969 (Public Law 91–190) shall not

23 apply to this section for one year after the date of enact24 ment of this title.
621

SJ 63 PCS

1 (k) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section.

4 TITLE V—COQUILLE TRIBAL FOREST

5 SEC. 501. CREATION OF THE COQUILLE FOREST.

6 (a) The Coquille Restoration Act (P.L. 101–42) is

7 amended by inserting at the end of section 5 the following:

8 ‘‘(d) CREATION OF THE COQUILLE FOREST.—

9 ‘‘(1) DEFINITIONS.—In this subsection:

10 ‘‘(A) the term ‘Coquille Forest’ means cer11 tain lands in Coos County, Oregon, comprising

12 approximately 5,400 acres, as generally de13 picted on the map entitled ‘Coquille Forest Pro14 posal’, dated July 8, 1996.

15 ‘‘(B) the term ‘Secretary’ means the Sec16 retary of the Interior.

17 ‘‘(C) the term ‘the Tribe’ means the

18 Coquille Tribe of Coos County, Oregon.

19 ‘‘(2) MAP.—The map described in subpara20 graph (d)(1)(A), and such additional legal descrip21 tions which are applicable, shall be placed on file at

22 the local District Office of the Bureau of Land Man23 agement, the Agency Office of the Bureau of Indian

24 Affairs, and with the Senate Committee on Energy
622

SJ 63 PCS

1 and Natural Resources and the House Committee on

2 Resources.

3 ‘‘(3) INTERIM PERIOD.—From the date of en4 actment of this subsection until two years after the

5 date of enactment of this subsection, the Bureau of

6 Land Management shall:

7 ‘‘(A) retain Federal jurisdiction for the

8 management of lands designated under this

9 subsection as the Coquille Forest and continue

10 to distribute revenues from such lands in a

11 manner consistent with existing law; and,

12 ‘‘(B) prior to advertising, offering or

13 awarding any timber sale contract on lands des14 ignated under this subsection as the Coquille

15 Forest, obtain the approval of the Assistant

16 Secretary for Indian Affairs, acting on behalf of

17 and in consultation with the Tribe.

18 ‘‘(4) TRANSITION PLANNING AND DESIGNA19 TION.—

20 ‘‘(A) During the two year interim period

21 provided for in paragraph (3), the Assistant

22 Secretary for Indian Affairs, acting on behalf of

23 and in consultation with the Tribe, is author24 ized to initiate development of a forest manage25 ment plan for the Coquille Forest. The Sec-
623

SJ 63 PCS

1 retary, acting through the Director of the Bu2 reau of Land Management, shall cooperate and

3 assist in the development of such plan and in

4 the transition of forestry management oper5 ations for the Coquille Forest to the Assistant

6 Secretary for Indian Affairs.

7 ‘‘(B) Two years after the date of enact8 ment of this subsection, the Secretary shall take

9 the lands identified under subparagraph

10 (d)(1)(A) into trust, and shall hold such lands

11 in trust, in perpetuity, for the Coquille Tribe.

12 Such lands shall be thereafter designated as the

13 Coquille Forest.

14 ‘‘(C) So as to maintain the current flow of

15 revenue from land subject to the Act entitled

16 ‘An Act relating to the revested Oregon and

17 California Railroad and reconveyed Coos Bay

18 Wagon Road grant land situated in the State of

19 Oregon’ (the O&C Act), approved August 28,

20 1937 (43 U.S.C. 1181a et seq.), the Secretary

21 shall redesignate, from public domain lands

22 within the tribe’s service area, as defined in this

23 Act, certain lands to be subject to the O&C Act.

24 Lands redesignated under this subparagraph

25 shall not exceed lands sufficient to constitute
624

SJ 63 PCS

1 equivalent timber value as compared to lands

2 constituting the Coquille Forest.

3 ‘‘(5) MANAGEMENT.—The Secretary of Interior,

4 acting through the Assistant Secretary for Indian

5 Affairs, shall manage the Coquille Forest under ap6 plicable State and Federal forestry and environ7 mental protection laws, and subject to critical habi8 tat designations under the Endangered Species Act,

9 and subject to the standards and guidelines of Fed10 eral forest plans on adjacent or nearby Federal

11 lands, now and in the future. The Secretary shall

12 otherwise manage the Coquille Forest in accordance

13 with the laws pertaining to the management of In14 dian Trust lands and shall distribute revenues in ac15 cord with Public Law 101–630, 25 U.S.C. 3107.

16 ‘‘(A) Unprocessed logs harvested from the

17 Coquille Forest shall be subject to the same

18 Federal statutory restrictions on export to for19 eign Nations that apply to unprocessed logs

20 harvested from Federal lands.

21 ‘‘(B) Notwithstanding any other provision

22 of law, all sales of timber from land subject to

23 this subsection shall be advertised, offered and

24 awarded according to competitive bidding prac-
625

SJ 63 PCS

1 tices, with sales being awarded to the highest

2 responsible bidder.

3 ‘‘(6) INDIAN SELF DETERMINATION ACT

4 AGREEMENT.—No sooner than two years after the

5 date of enactment of this subsection, the Secretary

6 may, upon a satisfactory showing of management

7 competence and pursuant to the Indian Self-Deter8 mination Act (25 U.S.C. 450 et seq.), enter into a

9 binding Indian self-determination agreement (agree10 ment) with the Coquille Indian Tribe. Such agree11 ment may provide for the tribe to carry out all or

12 a portion of the forest management for the Coquille

13 Forest.

14 ‘‘(A) Prior to entering such an agreement,

15 and as a condition of maintaining such an

16 agreement, the Secretary must find that the

17 Coquille Tribe has entered into a binding

18 memorandum of agreement (MOA) with the

19 State of Oregon, as required under paragraph

20 7.

21 ‘‘(B) The authority of the Secretary to re22 scind the Indian self-determination agreement

23 shall not be encumbered.

24 ‘‘(i) The Secretary shall rescind the

25 agreement upon a demonstration that the
626

SJ 63 PCS

1 tribe and the State of Oregon are no

2 longer engaged in a memorandum of

3 agreement as required under paragraph 7.

4 ‘‘(ii) The Secretary may rescind the

5 agreement on a showing that the Tribe has

6 managed the Coquille Forest in a manner

7 inconsistent with this subsection, or the

8 Tribe is no longer managing, or capable of

9 managing, the Coquille Forest in a manner

10 consistent with this subsection.

11 ‘‘(7) MEMORANDUM OF AGREEMENT.—The

12 Coquille Tribe shall enter into a memorandum of

13 agreement (MOA) with the State of Oregon relating

14 to the establishment and management of the

15 Coquille Forest. The MOA shall include, but not be

16 limited to, the terms and conditions for managing

17 the Coquille Forest in a manner consistent with

18 paragraph (5) of this subsection, preserving public

19 access, advancing jointly-held resource management

20 goals, achieving tribal restoration objectives and es21 tablishing a coordinated management framework.

22 Further, provisions set forth in the MOA shall be

23 consistent with Federal trust responsibility require24 ments applicable to Indian trust lands and para25 graph (5) of this subsection.
627

SJ 63 PCS

1 ‘‘(8) PUBLIC ACCESS.—The Coquille Forest

2 shall remain open to public access for purposes of

3 hunting, fishing, recreation and transportation, ex4 cept when closure is required by state or federal law,

5 or when the Coquille Indian Tribe and the State of

6 Oregon agree in writing that restrictions on access

7 are necessary or appropriate to prevent harm to nat8 ural resources, cultural resources or environmental

9 quality: Provided, That the State of Oregon’s agree10 ment shall not be required when immediate action is

11 necessary to protect archeological resources.

12 ‘‘(9) JURISDICTION.—

13 ‘‘(A) The United States District Court for

14 the District of Oregon shall have jurisdiction

15 over actions against the Secretary arising out of

16 claims that this subsection has been violated.

17 Consistent with existing precedents on standing

18 to sue, any affected citizen may bring suit

19 against the Secretary for violations of this sub20 section, except that suit may not be brought

21 against the Secretary for claims that the MOA

22 has been violated. The Court has the authority

23 to hold unlawful and set aside actions pursuant

24 to this subsection that are arbitrary and capri-
628

SJ 63 PCS

1 cious, an abuse of discretion, or otherwise an

2 abuse of law.

3 ‘‘(B) The United States District Court for

4 the District of Oregon shall have jurisdiction

5 over actions between the State of Oregon and

6 the Tribe arising out of claims of breach of the

7 MOA.

8 ‘‘(C) Unless otherwise provided for by law,

9 remedies available under this subsection shall

10 be limited to equitable relief and shall not in11 clude damages.

12 ‘‘(10) STATE REGULATORY AND CIVIL JURIS13 DICTION.—In addition to the jurisdiction described

14 in paragraph 7 of this subsection, the State of Or15 egon may exercise exclusive regulatory civil jurisdic16 tion, including but not limited to adoption and en17 forcement of administrative rules and orders, over

18 the following subjects:

19 ‘‘(A) management, allocation and adminis20 tration of fish and wildlife resources, including

21 but not limited to establishment and enforce22 ment of hunting and fishing seasons, bag limits,

23 limits on equipment and methods, issuance of

24 permits and licenses, and approval or dis25 approval of hatcheries, game farms, and other
629

SJ 63 PCS

1 breeding facilities: Provided, That nothing here2 in shall be construed to permit the State of Or3 egon to manage fish or wildlife habitat on

4 Coquille Forest lands;

5 ‘‘(B) allocation and administration of

6 water rights, appropriation of water and use of

7 water;

8 ‘‘(C) regulation of boating activities, in9 cluding equipment and registration require10 ments, and protection of the public’s right to

11 use the waterways for purposes of boating or

12 other navigation;

13 ‘‘(D) fills and removals from waters of the

14 State, as defined in Oregon law;

15 ‘‘(E) protection and management of the

16 State’s proprietary interests in the beds and

17 banks of navigable waterways;

18 ‘‘(F) regulation of mining, mine reclama19 tion activities, and exploration and drilling for

20 oil and gas deposits;

21 ‘‘(G) regulation of water quality, air qual22 ity (including smoke management), solid and

23 hazardous waste, and remediation of releases of

24 hazardous substances;
630

SJ 63 PCS

1 ‘‘(H) regulation of the use of herbicides

2 and pesticides; and

3 ‘‘(I) enforcement of public health and safe4 ty standards, including standards for the pro5 tection of workers, well construction and codes

6 governing the construction of bridges, buildings,

7 and other structures.

8 ‘‘(11) SAVINGS CLAUSE, STATE AUTHORITY.—

9 ‘‘(A) Nothing in this subsection shall be

10 construed to grant tribal authority over private

11 or State-owned lands.

12 ‘‘(B) To the extent that the State of Or13 egon is regulating the foregoing areas pursuant

14 to a delegated Federal authority or a Federal

15 program, nothing in this subsection shall be

16 construed to enlarge or diminish the State’s au17 thority under such law.

18 ‘‘(C) Where both the State of Oregon and

19 the United States are regulating, nothing here20 in shall be construed to alter their respective

21 authorities.

22 ‘‘(D) To the extent that Federal law au23 thorizes the Coquille Indian Tribe to assume

24 regulatory authority over an area, nothing here-
631

SJ 63 PCS

1 in shall be construed to enlarge or diminish the

2 tribe’s authority to do so under such law.

3 ‘‘(E) Unless and except to the extent that

4 the tribe has assumed jurisdiction over the

5 Coquille Forest pursuant to Federal law, or

6 otherwise with the consent of the State, the

7 State of Oregon shall have jurisdiction and au8 thority to enforce its laws addressing the sub9 jects listed in subparagraph 10 of this sub10 section on the Coquille Forest against the

11 Coquille Indian Tribe, its members and all

12 other persons and entities, in the same manner

13 and with the same remedies and protections

14 and appeal rights as otherwise provided by gen15 eral Oregon law. Where the State of Oregon

16 and Coquille Indian Tribe agree regarding the

17 exercise of tribal civil regulatory jurisdiction

18 over activities on the Coquille Forest lands, the

19 tribe may exercise such jurisdiction as is agreed

20 upon.

21 ‘‘(12) In the event of a conflict between Federal

22 and State law under this subsection, Federal law

23 shall control.’’
632

SJ 63 PCS

1 TITLE VI—BULL RUN WATERSHED

2 PROTECTION

3 SEC. 601. The first sentence of section 2(a) of Public

4 Law 95–200 is amended after ‘‘referred to in this sub5 section (a)’’ by striking ‘‘2(b)’’ and inserting in lieu there6 of ‘‘2(c)’’.

7 SEC. 602. The first sentence of section 2(b) of Public

8 Law 95–200 is amended after ‘‘the policy set forth in sub9 section (a)’’ by inserting ‘‘and (b)’’.

10 SEC. 603. Section 2(b) of Public Law 95–200 is re11 designated as ‘‘2(c)’’.

12 SEC. 604 (a) Public Law 95–200 is amended by add13 ing a new subsection 2(b) immediately after subsection

14 2(a), as follows:

15 ‘‘(b) TIMBER CUTTING.—

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

17 the Secretary of Agriculture shall prohibit the cut18 ting of trees in that part of the unit consisting of

19 the hydrographic boundary of the Bull Run River

20 Drainage, including certain lands within the unit

21 and located below the headworks of the city of Port22 land, Oregon’s water storage and delivery project,

23 and as depicted in a map dated July 22, 1996 and

24 entitled ‘‘Bull Run River Drainage’’.

25 ‘‘(2) PERMITTED CUTTING.—
633

SJ 63 PCS

1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary of Agriculture shall

3 prohibit the cutting of trees in the area de4 scribed in paragraph (1).

5 ‘‘(B) PERMITTED CUTTING.—Subject to

6 subparagraph (C), the Secretary may only allow

7 the cutting of trees in the area described in

8 paragraph (1)—

9 ‘‘(i) for the protection or enhancement

10 of water quality in the area described in

11 paragraph (1); or

12 ‘‘(ii) for the protection, enhancement,

13 or maintenance of water quantity available

14 from the area described in paragraph (1);

15 or

16 ‘‘(iii) for the construction, expansion,

17 protection or maintenance of municipal

18 water supply facilities; or

19 ‘‘(iv) for the construction, expansion,

20 protection or maintenance of facilities for

21 the transmission of energy through and

22 over the unit or previously authorized hy23 droelectric facilities or hydroelectric

24 projects associated with municipal water

25 supply facilities.
634

SJ 63 PCS

1 ‘‘(C) SALVAGE SALES.—The Secretary of

2 Agriculture may not authorize a salvage sale in

3 the area described in paragraph (1).’’

4 (b) Redesignate subsequent subsections of Public

5 Law 95–200 accordingly.

6 SEC. 605. REPORT TO CONGRESS.

7 (a) The Secretary of Agriculture shall, in consultation

8 with the city of Portland and other affected parties, under9 take a study of that part of the Little Sandy Watershed

10 that is within the unit (hereinafter referred to as the

11 ‘‘study area’’), as depicted on the map described in section

12 604 of this title.

13 (b) The study referred to in (a) shall determine—

14 (1) the impact of management activities within

15 the study area on the quality of drinking water pro16 vided to the Portland Metropolitan area;

17 (2) the identity and location of certain ecologi18 cal features within the study area, including late

19 successional forest characteristics, aquatic and ter20 restrial wildlife habitat, significant hydrological val21 ues, or other outstanding natural features; and

22 (3) the location and extent of any significant

23 cultural or other values within the study area.

24 (c) The study referred to in subsection (a) shall in25 clude both legislative and regulatory recommendations to
635

SJ 63 PCS

1 Congress on the future management of the study area.

2 In formulating such recommendations, the Secretary shall

3 consult with the city of Portland and other affected par4 ties.

5 (d) To the greatest extent possible, the Secretary

6 shall use existing data and processes to carry out this

7 study and report.

8 (e) The study referred to in subsection (a) shall be

9 submitted to the Senate Committees on Energy and Natu10 ral Resources and Agriculture and the House Committees

11 on Resources and Agriculture not later than one year from

12 the date of enactment of this section.

13 (f) The Secretary is prohibited from advertising, of14 fering or awarding any timber sale within the study area

15 for a period of two years after the date of enactment of

16 this section.

17 (g) Nothing in this section shall in any way affect

18 any State or Federal law governing appropriation, use of

19 or Federal right to water on or flowing through National

20 Forest System lands. Nothing in this section is intended

21 to influence the relative strength of competing claims to

22 the waters of the Little Sandy River. Nothing in this sec23 tion shall be construed to expand or diminish Federal,

24 State, or local jurisdiction, responsibility, interests, or
636

SJ 63 PCS

1 rights in water resources development or control, including

2 rights in and current uses of water resources in the unit.

3 SEC. 606. Lands within the Bull Run Management

4 Unit, as defined in Public Law 95–200, but not contained

5 within the Bull Run River Drainage, as defined by this

6 title and as depicted on the map dated July 1996 de7 scribed in section 604 of this title, shall continue to be

8 managed in accordance with Public Law 95–200.

9 TITLE VII—OREGON ISLANDS

10 WILDERNESS, ADDITIONS

11 SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.

12 (a) In furtherance of the purposes of the Wilderness

13 Act of 1964, certain lands within the boundaries of the

14 Oregon Islands National Wildlife Refuge, Oregon, com15 prising approximately ninety-five acres and as generally

16 depicted on a map entitled ‘‘Oregon Island Wilderness Ad17 ditions—Proposed’’ dated August 1996, are hereby des18 ignated as wilderness. The map shall be on file and avail19 able for public inspection in the offices of the Fish and

20 Wildlife Service, Department of the Interior.

21 (b) All other federally owned named, unnamed, sur22 veyed and unsurveyed rocks, reefs, islets and islands lying

23 within three geographic miles off the coast of Oregon and

24 above mean high tide, not currently designated as wilder25 ness and also within the Oregon Islands National Wildlife
637

SJ 63 PCS

1 Refuge boundaries under the administration of the United

2 States Fish and Wildlife Service, Department of the Inte3 rior, as designated by Executive Order 7035, Proclama4 tion 2416, Public Land Orders 4395, 4475 and 6287, and

5 Public Laws 91–504 and 95–450, are hereby designated

6 as wilderness.

7 (c) All federally owned named, unnamed, surveyed

8 and unsurveyed rocks, reefs, islets and islands lying within

9 three geographic miles off the coast of Oregon and above

10 mean high tide, and presently under the jurisdiction of

11 the Bureau of Land Management, except Chiefs Island,

12 are hereby designated as wilderness, shall become part of

13 the Oregon Islands National Wildlife Refuge and the Or14 egon Islands Wilderness and shall be under the jurisdic15 tion of the United States Fish and Wildlife Service, De16 partment of the Interior.

17 (d) As soon as practicable after this title takes effect,

18 a map of the wilderness area and a description of its

19 boundaries shall be filed with the Senate Committee on

20 Energy and Natural Resources and the House Committee

21 on Resources, and such map shall have the same force

22 and effect as if included in this title: Provided, however,

23 That correcting clerical and typographical errors in the

24 map and land descriptions may be made.
638

SJ 63 PCS

1 (e) Public Land Order 6287 of June 16, 1982, which

2 withdrew certain rocks, reefs, islets and islands lying with3 in three geographical miles off the coast of Oregon and

4 above mean high tide, including the ninety-five acres de5 scribed in subsection (a), as an addition to the Oregon

6 Islands National Wildlife Refuge is hereby made perma7 nent.

8 TITLE VIII—UMPQUA RIVER LAND

9 EXCHANGE STUDY

10 SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY

11 AND DIRECTION.

12 (a) IN GENERAL.—The Secretaries of the Interior

13 and Agriculture (Secretaries) are hereby authorized and

14 directed to consult, coordinate, and cooperate with the

15 Umpqua Land Exchange Project (ULEP), affected units

16 and agencies of State and local government, and, as ap17 propriate, the World Forestry Center and National Fish

18 and Wildlife Foundation, to assist ULEP’s ongoing efforts

19 in studying and analyzing land exchange opportunities in

20 the Umpqua River basin and to provide scientific, tech21 nical, research, mapping and other assistance and infor22 mation to such entities. Such consultation, coordination,

23 and cooperation shall at a minimum include, but not be

24 limited to:
639

SJ 63 PCS

1 (1) working with ULEP to develop or assemble

2 comprehensive scientific and other information (in3 cluding comprehensive and integrated mapping) con4 cerning the Umpqua River Basin’s resources of for5 est, plants, wildlife, fisheries (anadromous and

6 other), recreational opportunities, wetlands, riparian

7 habitat, and other physical or natural resources;

8 (2) working with ULEP to identify general or

9 specific areas within the basin where land exchanges

10 could promote consolidation of forestland ownership

11 for long-term, sustained timber production; protec12 tion and restoration of habitat for plants, fish, and

13 wildlife (including any federally listed threatened or

14 endangered species); protection of drinking water

15 supplies; recovery of threatened and endangered spe16 cies; protection and restoration of wetlands, riparian

17 lands, and other environmentally sensitive areas;

18 consolidation of land ownership for improved public

19 access and a broad array of recreational uses; and

20 consolidation of land ownership to achieve manage21 ment efficiency and reduced costs of administration;

22 and

23 (3) developing a joint report for submission to

24 the Congress which discusses land exchange oppor25 tunities in the basin and outlines either a specific
640

SJ 63 PCS

1 land exchange proposal or proposals which may

2 merit consideration by the Secretaries or the Con3 gress, or ideas and recommendations for new au4 thorizations, direction, or changes in existing law or

5 policy to expedite and facilitate the consummation of

6 beneficial land exchanges in the basin via adminis7 trative means.

8 (b) MATTERS FOR SPECIFIC STUDY.—In analyzing

9 land exchange opportunities with ULEP, the Secretaries

10 shall give priority to assisting ULEP’s ongoing efforts in:

11 (1) studying, identifying, and mapping areas

12 where the consolidation of land ownership via land

13 exchanges could promote the goals of long term spe14 cies and watershed protection and utilization, includ15 ing but not limited to the goals of the Endangered

16 Species Act of 1973 more effectively than current

17 land ownership patterns and whether any changes in

18 law or policy applicable to such lands after con19 summation of an exchange would be advisable or

20 necessary to achieve such goals;

21 (2) studying, identifying and mapping areas

22 where land exchanges might be utilized to better sat23 isfy the goals of sustainable timber harvest, includ24 ing studying whether changes in existing law or pol25 icy applicable to such lands after consummation of
641

SJ 63 PCS

1 an exchange would be advisable or necessary to

2 achieve such goals;

3 (3) identifying issues and studying options and

4 alternatives, including possible changes in existing

5 law or policy, to insure that combined post-exchange

6 revenues to units of local government from State

7 and local property, severance, and other taxes or lev8 ies and shared Federal land receipts will approxi9 mate pre-exchange revenues;

10 (4) identifying issues and studying whether pos11 sible changes in law, special appraisal instruction, or

12 changes in certain Federal appraisal procedures

13 might be advisable or necessary to facilitate the ap14 praisal of potential exchange lands which may have

15 special characteristics or restrictions affecting land

16 values;

17 (5) identifying issues and studying options and

18 alternatives, including changes in existing laws or

19 policy, for achieving land exchanges without reduc20 ing the net supply of timber available to small busi21 nesses;

22 (6) identifying, mapping, and recommending

23 potential changes in land use plans, land classifica24 tions, or other actions which might be advisable or
642

SJ 63 PCS

1 necessary to expedite, facilitate or consummate land

2 exchanges in certain areas;

3 (7) analyzing potential sources for new or en4 hanced Federal, State, or other funding to promote

5 improved resource protection, species recovery, and

6 management in the basin; and

7 (8) identifying and analyzing whether increased

8 efficiency and better land and resource management

9 could occur through either consolidation of Federal

10 forest management under one agency or exchange

11 lands between the Forest Service and the Bureau of

12 Land Management.

13 SEC. 802. REPORT TO CONGRESS.

14 No later than February 1, 1998, ULEP and the Sec15 retaries shall submit a joint report to the Committee on

16 Resources of the United States House of Representatives

17 and to the Committee on Energy and Natural Resources

18 of the United States Senate concerning their studies, find19 ings, recommendations, mapping and other activities con20 ducted pursuant to this title.

21 SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

22 In furtherance of the purposes of this title, there is

23 hereby authorized to be appropriated the sum of $2 mil24 lion, to remain available until expended.
643

SJ 63 PCS

1 TITLE III—LOCAL EMPOWERMENT AND

2 FLEXIBILITY PILOT ACT OF 1996

3 SECTION 301. SHORT TITLE.

4 This Act may be cited as the ‘‘Local Empowerment

5 and Flexibility Pilot Act of 1996.’’

6 SEC. 302. FINDINGS.

7 The Congress finds that—

8 (1) historically, Federal programs have ad9 dressed the Nation’s problems by providing categor10 ical financial assistance with detailed requirements

11 relating to the use of funds;

12 (2) while the assistance described in paragraph

13 (1) has been directed at critical problems, some pro14 gram requirements may inadvertently impede the ef15 fective delivery of services;

16 (3) the Nation’s State, local, and tribal govern17 ments and private, nonprofit organizations are deal18 ing with increasingly complex problems which re19 quire the delivery of many kinds of services;

20 (4) our nation’s communities are diverse and

21 many have innovative planning and community in22 volvement strategies to comprehensively meet their

23 particular service needs for providing services, but

24 Federal, State, and local grant and other require-
644

SJ 63 PCS

1 ments often hamper effective implementation of such

2 strategies.

3 (5) it is more important than ever to provide

4 programs that—

5 (A) promote more effective and efficient

6 delivery of services at all levels of government

7 to meet the full range of needs of individuals,

8 families, and society;

9 (B) respond flexibly to the diverse needs of

10 the Nation’s communities;

11 (C) reduce the barriers between programs

12 that impede the State, local, and tribal govern13 ments’ ability to effectively deliver services; and

14 (D) empower State, local, and tribal gov15 ernments and private, nonprofit organizations

16 to be innovative in creating programs that meet

17 the unique needs of their communities while

18 continuing to address national policy goal.

19 SEC. 303. PURPOSES.

20 The purposes of this Act are to—

21 (1) improve the delivery of services to the pub22 lic;

23 (2) promote State, local and tribal governments

24 and private, non-profit organizations and consor-
645

SJ 63 PCS

1 tiums to identify goals to improve their communities

2 and the lives of their citizens;

3 (3) enable eligible applicants to adapt programs

4 of Federal financial assistance to the particular

5 needs of their communities by integrating programs

6 and program funds across existing Federal financial

7 assistance programs that have similar goals and pur8 poses;

9 (4) more effectively meet the goals and pur10 poses of Federal, State and local financial assistance

11 programs;

12 (5) empower eligible applicants to work to13 gether to build stronger cooperative, intergovern14 mental and private partnerships to address critical

15 service problems;

16 (6) place less emphasis in Federal financial as17 sistance programs on complying with procedures and

18 more emphasis on achieving Federal, State, local

19 and tribal policy goals;

20 (7) facilitate State, local, and tribal government

21 efforts to develop regional or metropolitan solutions

22 to shared problems; and

23 (8) improve intergovernmental efficiency.

24 SEC. 304. DEFINITIONS.

25 For purposes of this Act:
646

SJ 63 PCS

1 (1) AFFECTED FEDERAL AGENCY.—The term

2 ‘‘affected Federal agency’’ means the Federal agency

3 with principal authority for the administration of an

4 eligible Federal financial assistance program in5 cluded in a plan.

6 (2) AFFECTED STATE AGENCY.—The term ‘‘af7 fected State agency’’ means—

8 (A) any State agency with authority for

9 the administration of any State program or eli10 gible Federal financial assistance program; and

11 (B) with respect to education programs,

12 the term shall include the State Education

13 Agency as defined by the Elementary and Sec14 ondary Education Act and the Higher Edu15 cation Act.

16 (3) APPROVED FLEXIBILITY PLAN.—The term

17 ‘‘approved flexibility plan’’ means a flexibility plan

18 or that part of a flexibility plan, that is approved by

19 the Community Empowerment Board under section

20 8.

21 (4) BOARD.—The term ‘‘Board’’ means the

22 Community Empowerment Board established under

23 section 5.
647

SJ 63 PCS

1 (5) DIRECTOR.—The term ‘‘Director’’ means

2 the Director of the Office of Management and Budg3 et.

4 (6) ELIGIBLE APPLICANT.—The term ‘‘eligible

5 applicant’’ means a State, local, or tribal govern6 ment, qualified organization, or qualified consortium

7 that is eligible to receive financial assistance under

8 1 or more eligible Federal financial assistance pro9 gram.

10 (7) ELIGIBLE FEDERAL FINANCIAL ASSISTANCE

11 PROGRAM.—The term ‘‘eligible Federal financial as12 sistance program’’—

13 (A) except as provided in subparagraph

14 (B), means a domestic assistance program (as

15 defined under section 6101(4) of title 31, Unit16 ed States Code) under which financial assist17 ance is available, directly or indirectly, to a

18 State, local, or tribal government or a qualified

19 organization to carry out activities consistent

20 with national policy goals; and

21 (B) does not include—

22 (i) a Federal program under which di23 rect financial assistance is provided by the

24 Federal Government directly to an individ25 ual beneficiary of that financial assistance,
648

SJ 63 PCS

1 or to a State to provide direct financial as2 sistance, or to a State to provide direct fi3 nancial or food voucher assistance directly

4 to an individual beneficiary;

5 (ii) a program carried out with direct

6 spending (as defined in section 250(c)(8)

7 of the Balanced Budget and Emergency

8 Deficit Control Act of 1985 (2 U.S.C.

9 900(c)(8)); or

10 (iii) a program of assistance referred

11 to in section 6101(4)(A)(ix) of title 31,

12 United States Code or Section 3(10) of the

13 Congressional Budget Act of 1974.

14 (iv) any project specially designated in

15 an appropriations act or its accompanying

16 report.

17 (10) FLEXIBILITY PLAN.—The term ‘‘flexibility

18 plan’’ means a comprehensive plan or part of such

19 plan for the coordination or integration and the ad20 ministration by an eligible applicant of financial as21 sistance provided by the Federal Government under

22 two or more eligible Federal financial assistance pro23 grams that includes funds from Federal, State, local,

24 or tribal government or private sources to address

25 the service needs of a community.
649

SJ 63 PCS

1 (11) GOALS AND PURPOSES.—The term ‘‘goals

2 and purposes’’ means the goals and purposes em3 bodied in an eligible Federal financial assistance

4 program, including the targeted population embodied

5 in that program.

6 (12) LOCAL GOVERNMENT.—The term ‘‘local

7 government’’ means—

8 (A) a political subdivision of a State that

9 is a unit of general local government (as de10 fined under section 6501 of title 31, United

11 States Code);

12 (B) any combination of political subdivi13 sions described in subparagraph (A) that sub14 mits an application to the Board; or

15 (C) a local educational agency as defined

16 under section 14101(18) of the Elementary and

17 Secondary Education Act of 1965 (20 U.S.C.

18 8801(18)).

19 (13) QUALIFIED CONSORTIUM.—The term

20 ‘‘qualified consortium’’ means a group that is com21 posed of two or more qualified organizations, State,

22 local, or tribal agencies that receive federally appro23 priated funds.

24 (14) QUALIFIED ORGANIZATION.—The term

25 ‘‘qualified organization’’ means a private, nonprofit
650

SJ 63 PCS

1 organization described in section 501(c)(3) of the

2 Internal Revenue Code of 1986 (26 U.S.C.

3 501(c)(3)) that is exempt from taxation under sec4 tion 501(a) of the Internal Revenue Code of 1986

5 (26 U.S.C. 501(a)).

6 (15) SMALL GOVERNMENT.—The term ‘‘small

7 government’’ means any small governmental juris8 diction defined in section 601(5) of title 5, United

9 States Code, and a tribal government.

10 (16) STATE.—The term ‘‘State’’ means each of

11 the 50 States, the District of Columbia, Puerto Rico,

12 American Samoa, Guam, and the Virgin Islands.

13 (17) STATE LEGISLATIVE OFFICIAL.—The term

14 ‘‘State legislative official’’ means—

15 (A) the presiding officer of a chamber of a

16 State legislature; and

17 (B) the minority leader of a chamber of a

18 State legislature.

19 (18) TRIBAL GOVERNMENT.—The term ‘‘tribal

20 government’’ means the governing entity of an In21 dian tribe, as that term is defined in the Indian Self

22 Determination and Education Assistance Act (25

23 U.S.C. 450b).
651

SJ 63 PCS

1 SEC. 305. ESTABLISHMENT OF COMMUNITY

2 EMPOWERMENT BOARD.

3 (a) IN GENERAL.—There is established a Community

4 Empowerment Board, which shall consist of—

5 (1) the Secretary of Housing and Urban Devel6 opment;

7 (2) the Secretary of Health and Human Serv8 ices;

9 (3) the Secretary of Agriculture;

10 (4) the Secretary of Transportation;

11 (5) the Secretary of Education;

12 (6) the Secretary of Commerce;

13 (7) the Secretary of Labor;

14 (8) the Secretary of the Treasury;

15 (9) the Attorney General;

16 (10) the Secretary of the Interior;

17 (11) the Secretary of Energy;

18 (12) the Secretary of Veterans Affairs;

19 (13) the Secretary of Defense;

20 (14) the Director of the Federal Emergency

21 Management Agency;

22 (15) the Administrator of the Environmental

23 Protection Agency;

24 (16) the Director of the National Drug Control

25 Policy;
652

SJ 63 PCS

1 (17) the Administrator of the Small Business

2 Administration;

3 (18) the Director of the Office of Management

4 and Budget;

5 (19) the Administrator of General Services; and

6 (20) other officials of the Executive Branch as

7 directed by the President.

8 (b) CHAIR.—The President shall designate the Chair

9 of the Board from among its members.

10 (c) FUNCTIONS.—

11 (1) IN GENERAL.—The Board shall—

12 (A) no later than 180 days after imple13 mentation of this Act, select 6 states to partici14 pate in this Act;

15 (B) receive, review, and approve or dis16 approve flexibility plans in accordance with sec17 tion 7;

18 (C) consider all requests for technical as19 sistance from eligible applicants and, when ap20 propriate, provide or direct that an affected

21 Federal agency provide the head of an agency

22 that administers an eligible Federal financial

23 assistance program under which substantial

24 Federal financial assistance would be provided

25 under the plan to provide technical assistance
653

SJ 63 PCS

1 to the eligible applicant, and to the extent per2 mitted by law, special assistance to interested

3 small governments to support the development

4 and implementation of a flexibility plan, which

5 may include expedited processing;

6 (D) in consultation with the Director, mon7 itor the progress of development and implemen8 tation of flexibility plans;

9 (E) in consultation with the Director, co10 ordinate and assist Federal agencies in identify11 ing regulations of eligible Federal financial as12 sistance programs for revision, repeal and co13 ordination;

14 (F) evaluate performance standards and

15 evaluation criteria for eligible Federal financial

16 assistance programs, and make specific rec17 ommendations to agencies regarding how to re18 vise such standards and criteria in order to es19 tablish specific performance and outcome meas20 ures upon which the success of such programs

21 and the success of the plan may be compared

22 and evaluated; and

23 (G) designate a Federal agency to be pri24 marily responsible for the oversight, monitoring,

25 and evaluation of the implementation of a plan.
654

SJ 63 PCS

1 (2) QUALIFICATIONS FOR STATES.—Of the 6

2 States selected for participation under paragraph

3 1—

4 (A) 3 States shall each have a population

5 of 3,500,000 or more as determined under the

6 most recent decennial census; and

7 (B) 3 States shall each have a population

8 of 3,500,000 or less as determined under the

9 most recent decennial census.

10 (d) COORDINATION AND ASSISTANCE.—The Director,

11 in consultation with the Board, shall coordinate and assist

12 Federal agencies in creating—

13 (1) a uniform application to be used to apply

14 for assistance from eligible Federal financial assist15 ance programs;

16 (2) a release form to be used by grantees to fa17 cilitate, where appropriate and otherwise lawful, the

18 sharing of information across eligible Federal finan19 cial assistance programs; and

20 (3) a system wherein an organization or consor21 tium of organizations may use one proposal to apply

22 for funding from multiple eligible Federal financial

23 assistance programs.

24 (e) DETAILS AND ASSIGNMENTS TO BOARD.—At the

25 request of the Board and with the approval of the appro-
655

SJ 63 PCS

1 priate Federal agency, staff of the agency may be detailed

2 or assigned to the Board on a nonreimbursable basis.

3 (f) INTERAGENCY FINANCING.—Notwithstanding any

4 other law, interagency financing is authorized to carry out

5 the purposes of this Act.

6 (g) JUDICIAL REVIEW.—The actions of the Board

7 shall not be subject to judicial review.

8 SEC. 306. APPLICATION FOR APPROVAL OF FLEXIBILITY

9 PLAN.

10 (a) IN GENERAL.—An eligible applicant may submit

11 to the Board in accordance with this section an application

12 for approval of a flexibility plan.

13 (b) CONTENTS OF APPLICATION.—An application

14 submitted under this section shall include—

15 (1) a proposed flexibility plan that complies

16 with subsection (c);

17 (2) written certification by the chief executive

18 of the applicant, and such additional assurances as

19 may be required by the Board, that—

20 (A) the applicant has the ability, authority,

21 and resources to implement the proposed plan,

22 throughout the geographic area in which the

23 proposed plan is intended to apply;

24 (B) amounts are available from non-Fed25 eral sources to pay the non-Federal share of all
656

SJ 63 PCS

1 eligible Federal financial assistance programs

2 included in the proposed plan; and

3 (C) the flexibility plan prohibits the inte4 gration or combination of program funds across

5 existing Federal financial assistance programs

6 which do not have similar goals and purposes.

7 (3) all comments on the proposed plan submit8 ted under subsection (d) by a Governor, affected

9 State agency, State legislative official, or a chief ex10 ecutive of a local or tribal government that would be

11 directly affected by implementation of the proposed

12 plan, and the applicant’s responses to those com13 ments;

14 (4) written documentation that the eligible ap15 plicant informed the affected community of the con16 tents of the plan and gave the public and the af17 fected population the opportunity to comment upon

18 the plan, including at least one public hearing in19 volving agencies, qualified organizations, eligible in20 tended beneficiaries of the plan, and others directly

21 affected by the plan;

22 (5) the public comments, which shall include

23 the comments of the affected population, received on

24 the plan and the applicant’s responses to the signifi25 cant comments; and
657

SJ 63 PCS

1 (6) other relevant information the Board may

2 require to review or approve the proposed plan.

3 (c) CONTENTS OF PLAN.—A flexibility plan submit4 ted by an eligible applicant under this section shall in5 clude—

6 (1) the geographic area and timeframe to which

7 the plan applies and the rationale for selecting the

8 area and timeframe;

9 (2) the particular groups of individuals, by serv10 ice needs, economic circumstances, or other defining

11 factors, who currently receive services and benefits

12 under the eligible Federal financial assistance pro13 grams included in the plan and the particular groups

14 of individuals, by service needs, economic cir15 cumstances, or other defining factors who would re16 ceive services and benefits under the plan;

17 (3) the specific goals and measurable perform18 ance criteria that demonstrate how the plan is ex19 pected to improve the delivery and effectiveness of

20 services to the targeted population, including—

21 (A) a description of how performance shall

22 be measured under the plan when compared to

23 the current performance of the eligible Federal

24 financial assistance programs included in the

25 plan; and
658

SJ 63 PCS

1 (B) a system for the comprehensive evalua2 tion of the impact of the plan on individuals

3 who receive services and benefits in the commu4 nity affected by the plan, that shall include—

5 (i) a list of goals to improve the com6 munity and the lives of its citizens in the

7 geographic area covered by the plan;

8 (ii) a list of goals identified by the

9 State in which the plan is to be imple10 mented, if such goals have been established

11 by the State; and

12 (iii) a description of how the plan

13 will—

14 (I) attain the goals listed in

15 clauses (i) and (ii);

16 (II) measure performance; and

17 (III) collect and maintain data;

18 (4) the eligible Federal financial assistance pro19 grams included in the plan and the specific services

20 and benefits to be provided under the plan under

21 such programs, including—

22 (A) criteria for determining eligibility for

23 services and benefits under the plan;

24 (B) the services and benefits available

25 under the plan;
659

SJ 63 PCS

1 (C) the amounts and form (such as cash,

2 in-kind contributions, or financial instruments)

3 of non-service benefits; and

4 (D) any other descriptive information the

5 Board considers necessary to approve the plan;

6 (5) a description of the goals and purposes of

7 each Federal financial assistance program included

8 in the plan and how the goals and purposes of such

9 programs shall more effectively be met at the State,

10 local and tribal level;

11 (6) a general description of how the plan appro12 priately addresses any effect that administration of

13 each eligible Federal financial assistance program

14 included in the plan would have on the administra15 tion of programs not included in the plan;

16 (7) a description of how the flexibility plan will

17 adequately achieve the purposes of this Act;

18 (8) except for the requirements described under

19 section 7(f)(3), any Federal statutory or regulatory

20 requirement of an eligible Federal financial assist21 ance program included in the plan, the waiver of

22 which is necessary to implement the plan, and the

23 detailed justification for the waiver request;

24 (9) any State, local, or tribal statutory, regu25 latory, or other requirement, the waiver of which is
660

SJ 63 PCS

1 necessary to implement the plan, and an indication

2 of commitment of the appropriate State, local, or

3 tribal governments to grant such waivers;

4 (10) a description of the Federal fiscal control

5 and related accountability procedures to be followed

6 under the flexibility plan and, as necessary, an ex7 planation of how such procedures will not diminish

8 existing Federal requirements;

9 (11) a description of the sources and amounts

10 of all non-Federal funds that are required to carry

11 out eligible Federal financial assistance programs in12 cluded in the plan;

13 (12) verification that Federal funds made avail14 able under the plan will not supplant non-Federal

15 funds for existing services and activities that pro16 mote the goals of the plan;

17 (13) verification that none of the Federal funds

18 under the plan would be used to—

19 (A) meet maintenance of effort require20 ments of such an activity; or

21 (B) meet State, local, or tribal matching

22 shares; and

23 (14) any other relevant information the Board

24 may require to approve the plan;

25 (d) PROCEDURE FOR APPLYING.—
661

SJ 63 PCS

1 (1) SUBMISSION TO AFFECTED STATE AND

2 LOCAL GOVERNMENTS.—An eligible applicant shall

3 submit an application for approval of a proposed

4 flexibility plan to each State government and each

5 local government that the applicant deems to be di6 rectly affected by the plan, at least 60 days before

7 submitting the application to the Board.

8 (2) REVIEW BY AFFECTED GOVERNMENT.—The

9 Governor, affected State agency head, State legisla10 tive official, and the chief executive officer of a local

11 government that receives an application submitted

12 under paragraph (1) may each, by no later than 60

13 days after the date of that receipt—

14 (A) prepare comments on the proposed

15 flexibility plan included in the application;

16 (B) describe and make commitments to

17 waive any State or local laws or other require18 ments which are necessary for successful imple19 mentation of the proposed plan; and

20 (C) submit the comments and commit21 ments to the eligible applicant.

22 (3) SUBMITTAL TO BOARD.—Applications for

23 approval of a flexibility plan shall only be submitted

24 to the Board between—
662

SJ 63 PCS

1 (A) October 1, 1997 and March 31, 1998;

2 or

3 (B) October 1, 1998 and March 31, 1999.

4 (4) ACTION BY AFFECTED GOVERNMENT.—If

5 the Governor, affected State agency head, State leg6 islative official or the chief executive officer of a

7 local government—

8 (A) fails to act on or otherwise endorse a

9 plan application within 60 days after receiving

10 an application under paragraph (1);

11 (B) does not make and submit to the eligi12 ble applicant the commitments described in

13 paragraph (2) (A) and (B); or

14 (C) disagrees with all or part of the pro15 posed flexibility plan; the eligible applicant may

16 submit the application to the Board if the appli17 cation is amended as necessary for the success18 ful implementation of the proposed plan without

19 the commitment made under paragraph (2)(B),

20 including by adding an updated description of

21 the ability of the proposed flexibility plan to

22 meet plan goals and satisfy performance cri23 teria in the absence of statutory and regulatory

24 waivers and financial and technical support

25 from the State or local government.
663

SJ 63 PCS

1 (e) TRIBAL SOVEREIGNTY.—Nothing under this Act

2 shall be construed to affect, or otherwise alter, the sov3 ereign relationship between tribal governments and the

4 Federal Government.

5 (f) ELIGIBILITY FOR OTHER ASSISTANCE.—Dis6 approval by the Board of a flexibility plan submitted by

7 an eligible applicant under this Act shall not affect the

8 eligibility of the applicant for assistance under any Fed9 eral program.

10 (g) STATE, LOCAL, OR TRIBAL AUTHORITY.—Noth11 ing in this Act shall be construed to grant the Board, Fed12 eral agency, or any eligible applicant authority to waive

13 or otherwise preempt—

14 (1) any State, local, or tribal law or regulation

15 including the legal authority under State law of any

16 affected State agency, State entity, or public official

17 over programs that are under the jurisdiction of the

18 agency, entity or official; or

19 (2) the existing authority of a State, local, or

20 tribal government or qualified organization or con21 sortium with respect to an eligible Federal financial

22 assistance program included in the plan unless such

23 entity, has consented to the terms of the plan.
664

SJ 63 PCS

1 SEC. 307. REVIEW AND APPROVAL OF FLEXIBILITY PLANS

2 AND WAIVER REQUESTS.

3 (a) REVIEW OF APPLICATIONS.—Upon receipt of an

4 application for approval of a proposed flexibility plan, the

5 Board shall notify the eligible applicant as to whether or

6 not the plan is complete. If the Board determines a plan

7 is complete, the Board shall—

8 (1) establish procedures for consultation with

9 the applicant during the review process;

10 (2) publish notice of the application for ap11 proval in the Federal Register and make available

12 the contents to any interested party upon written re13 quest;

14 (3) if appropriate, coordinate public hearings on

15 the plan by either the Board or the appropriate Fed16 eral agency;

17 (4) approve or disapprove plans submitted

18 under—

19 (i) section 6(d)(3)(A) no later than July

20 31, 1998; or

21 (ii) section 6(d)(3)(B) no later than July

22 31, 1999;

23 (5) in the case of any disapproval of a plan, in24 clude written justification of the reasons for dis25 approval in the notice of disapproval sent to the ap26 plicant;
665

SJ 63 PCS

1 (6) publicly announce and forward to Congress

2 on July 31, 1998 and July 31, 1999, the list of ap3 proved flexibility plans, including an identification of

4 approved plans that request statutory or regulatory

5 waivers and the identification of such requested

6 waivers.

7 (b) APPROVAL.—

8 (1) IN GENERAL.—The Board may approve a

9 flexibility plan for which an application is submitted

10 by an eligible applicant under this Act, if the Board

11 determines that—

12 (A) the contents of the application for ap13 proval of the plan comply with the requirements

14 of this Act; and

15 (B) the contents of the flexibility plan indi16 cate that the plan will effectively achieve the

17 purposes of this Act described in section 3 by

18 adhering to the conditions described in sections

19 6 and 7;

20 (2) RESTRICTION.—(A) The Board may ap21 prove no more than 30 plans; and

22 (B) only three approved plans may be submit23 ted by State applicants.
666

SJ 63 PCS

1 (3) REQUIREMENT TO DISAPPROVE PLAN.—The

2 Board must disapprove a flexibility plan if the Board

3 determines that—

4 (A) implementation of the plan would re5 sult in any increase in the total amount of obli6 gations or outlays of discretionary appropria7 tions or direct spending under Federal financial

8 assistance programs, over the amounts of such

9 obligations and outlays that would occur under

10 those programs without implementation of the

11 plan; or

12 (B) the flexibility plan fails to comply with

13 paragraph (1).

14 (4) SPECIFICATION OF PERIOD OF EFFECTIVE15 NESS.—In approving any flexibility plan, the Board

16 shall specify the period during which the plan is ef17 fective, which in no case shall be greater than 5

18 years from the date of approval.

19 (d) MEMORANDA OF UNDERSTANDING REQUIRED.—

20 (1) IN GENERAL.—An approved flexibility plan

21 may not take effect until the Board receives a signed

22 memorandum of understanding agreed to by the eli23 gible applicant that would receive Federal financial

24 assistance administered under the flexibility plan

25 and by each affected Federal agency.
667

SJ 63 PCS

1 (2) CONTENTS.—A memorandum of under2 standing under this subsection shall specify all un3 derstandings that have been reached by the affected

4 Federal agencies and the eligible applicant. The

5 memorandum shall include understandings with re6 spect to—

7 (A) the conditions described in sections 6

8 and 7;

9 (B) the effective dates of all State, local, or

10 tribal government waivers;

11 (C) technical or special assistance being

12 provided to the eligible applicant;

13 and

14 (D) the effective date and timeframe of the

15 plan and each Federal waiver approved in the

16 plan;

17 (E)(i) the total amount of Federal funds

18 that will be provided as services and benefits

19 under or used to administer eligible Federal fi20 nancial assistance programs included in the

21 plan; or

22 (ii) a mechanism for determining that

23 amount, including specification of the total

24 amount of Federal funds that will be provided
668

SJ 63 PCS

1 or used under each eligible Federal financial as2 sistance program included in the plan.

3 (3) CONDITION FOR APPROVAL OF WAIVER RE4 QUEST.—Prior to entrance into the memorandum

5 with an eligible applicant, the affected Federal agen6 cies may approve a waiver if it is consistent with the

7 goals and purposes of the eligible Federal financial

8 assistance program included in the plan.

9 (e) LIMITATION ON CONFIDENTIALITY REQUIRE10 MENTS.—The Board may not, as a condition of approval

11 of a flexibility plan or with respect to the implementation

12 of an approved flexibility plan, establish any confidential13 ity requirement that would—

14 (1) impede the exchange of information needed

15 for the design or provision of services and benefits

16 under the plans; or

17 (2) conflict with law.

18 (f) LIMITATION ON THE USE OF FUNDS.—The

19 Board may not approve any plan that includes funds

20 under an eligible Federal financial assistance program

21 to—

22 (1) to support tuition vouchers for children at23 tending private preschool, elementary, or secondary

24 schools, including before and after school programs;

25 or
669

SJ 63 PCS

1 (2) otherwise pay their cost of attending such

2 schools.

3 (g) WAIVERS OF FEDERAL REQUIREMENTS.—

4 (1) IN GENERAL.—Notwithstanding any other

5 law and subject to the provisions of this Act, includ6 ing paragraphs (2) and (3), affected Federal agen7 cies may waive, for a period of time not to exceed

8 5 years from the date the Board receives a signed

9 memorandum of understanding, any statutory or

10 regulatory requirement of an eligible Federal assist11 ance program included in an approved flexibility

12 plan of an eligible applicant if that waiver is—

13 (A) necessary for implementation of the

14 flexibility plan;

15 (B) not disapproved by the Board; and

16 (C) necessary to effectively achieve the

17 purposes of this Act described in section 3 by

18 adhering to the conditions described in sections

19 6 and 7;

20 (2) EFFECTIVE PERIOD OF WAIVER.—A waiver

21 granted under this section shall terminate on the

22 earlier of—

23 (A) the expiration of a period specified by

24 the affected Federal agency not to exceed five
670

SJ 63 PCS

1 years from the date the Board receives the

2 signed memorandum of understanding; or

3 (B) any date on which the flexibility plan

4 for which the waiver is granted ceases to be ef5 fective;

6 (3) RESTRICTION ON WAIVER AUTHORITY.—An

7 affected Federal agency may not grant a waiver for

8 a statutory or regulatory requirement of an eligible

9 Federal financial assistance program requested

10 under this section that—

11 (A) may be waived under another provision

12 of law except in accordance with the require13 ments and limitations imposed by that other

14 provision of law;

15 (B) enforces statutory or constitutional

16 rights of individuals including the right to equal

17 access and opportunity in housing and edu18 cation, including any requirement under the In19 dividuals with Disabilities Education Act (20

20 U.S.C. 1400 et seq);

21 (C) enforces any civil rights that prohibit

22 discrimination on the basis of race, color, reli23 gion, sex, national origin, age, handicap, or dis24 ability;
671

SJ 63 PCS

1 (D) protects public health and safety, the

2 environment, labor standards, worker rights,

3 health and pension benefits and worker health

4 safety;

5 (E) provides for a maintenance of effort,

6 matching share or prohibition on supplanting;

7 or

8 (F) grants any person a cause of action.

9 SEC. 308. IMPLEMENTATION, AMENDING AND TERMI10 NATION OF APPROVED FLEXIBILITY PLANS.

11 (a) IMPLEMENTATION.—

12 (1) The Board, in consultation with the Direc13 tor, shall issue guidance to implement this Act with14 in 180 days after the date of enactment of this Act.

15 (2) Notwithstanding any other law, any service

16 or benefit that is provided under an eligible Federal

17 financial assistance program included in an approved

18 flexibility plan shall be paid and administered in the

19 manner specified in the approved flexibility plan.

20 (3) The authority provided under this Act to

21 waive provisions of grant agreements may be exer22 cised only as long as the funds provided for the

23 grant program in question are available for obliga24 tion by the Federal Government.

25 (b) AMENDING OF FLEXIBILITY PLAN.—
672

SJ 63 PCS

1 (1) In the event that an eligible applicant—

2 (A) desires an amendment to an approved

3 flexibility plan in order to better meet the pur4 poses of this Act; or

5 (B) requires an amendment to ensure con6 tinued implementation of an approved flexibility

7 plan, the applicant shall—

8 (i) submit the proposed amendment to

9 the Board for review and approval; and

10 (ii) upon approval, enter into a revised

11 memorandum of understanding with the

12 affected Federal agency.

13 (2) Approval by the Board and, when appro14 priate, affected Federal agency, shall be based upon

15 the same conditions required for approval of a flexi16 bility plan.

17 (c) TERMINATION OF PLAN.—

18 (1) TERMINATION OF PLAN BY BOARD.—

19 (A) IN GENERAL.—The Board shall termi20 nate an approved flexibility plan, if, after con21 sultation with the affected Federal agencies, the

22 Board determines that—

23 (i) the applicant of the approved flexi24 bility plan is unable to meet the commit25 ments under this Act; or
673

SJ 63 PCS

1 (ii) audit or oversight activities deter2 mine there has been fraud or abuse involv3 ing Federal funds under the plan.

4 (B) TRANSITION PERIOD.—In terminating

5 an approved flexibility plan under this para6 graph, the Board shall allow a reasonable pe7 riod of time for appropriate Federal agencies

8 and eligible applicants to resume administration

9 of Federal programs that are eligible Federal fi10 nancial assistance programs included in the

11 plan.

12 (2) REVOCATION OF WAIVER.—

13 (A) The Board may recommend that an af14 fected Federal agency, and an affected Federal

15 agency may, revoke a waiver under section 7(f)

16 if the applicant of the approved flexibility plan

17 fails to—

18 (i) comply with the requirements of

19 the plan;

20 (ii) make acceptable progress towards

21 achieving the goals and performance cri22 teria set forth in the plan; or

23 (iii) use funds in accordance with the

24 plan.
674

SJ 63 PCS

1 (B) Affected Federal agencies shall revoke all

2 waivers issued under section 7(f) for a flexibility

3 plan if the Board terminates the plan.

4 (C) EXPLANATION REQUIRED.—In the case of

5 termination of a plan or revocation of a waiver, as

6 appropriate, the Board or affected Federal agencies

7 shall provide for the former eligible applicant a writ8 ten justification of the reasons for termination or

9 revocation.

10 SEC. 309. EVALUATIONS AND REPORTS.

11 (a) APPROVED APPLICANTS.—

12 (1) IN GENERAL.—An applicant of an approved

13 flexibility plan, in accordance with guidance issued

14 by the Board, shall—

15 (A) submit any reports on and cooperate

16 in any audits of the implementation of its ap17 proved flexibility plan; and

18 (B) monitor the effect implementation of

19 the plan has had on—

20 (i) individuals who receive services

21 and benefits under the plan;

22 (ii) communities in which those indi23 viduals live;

24 (iii) costs of administering and provid25 ing assistance under eligible Federal finan-
675

SJ 63 PCS

1 cial assistance programs included in the

2 plan; and

3 (iv) performance of the eligible Fed4 eral financial assistance programs included

5 in the plan compared to the performance

6 of such programs prior to implementation

7 of the plan.

8 (2) INITIAL 1-YEAR REPORT.—No later than 90

9 days after the end of the 1-year period beginning on

10 the date the plan takes effect, and annually there11 after, the approved applicant, respectively, shall sub12 mit to the Board a report on the principal activities,

13 achievements, and shortcomings under the plan dur14 ing the period covered by the report, comparing

15 those achievements and shortcomings to the goals

16 and performance criteria included in the plan under

17 section 6(c)(3).

18 (3) FINAL REPORT.—No later than 120 days

19 after the end of the effective period of an approved

20 flexibility plan, the approved applicant shall submit

21 to the Board a final report on implementation of the

22 plan, including a full evaluation of the successes and

23 shortcomings of the plan and the effects of that im24 plementation on individuals who receive benefits
676

SJ 63 PCS

1 under the eligible Federal financial assistance pro2 grams under the plan.

3 (b) BOARD.—No later than two years after the date

4 of the enactment of this Act, and annually thereafter, the

5 Board shall submit a report to the President and the Con6 gress on the Federal statutory and regulatory require7 ments of eligible Federal financial assistance programs

8 that are most frequently waived under section 7(f) with

9 respect to approved flexibility plans. The President shall

10 review the report and identify those statutory and regu11 latory requirements that the President determines should

12 be amended or repealed.

13 (c) DIRECTOR.—Two years after this Act goes into

14 effect, and no less than 60 days after repeal of this Act,

15 the Director shall report on its progress in achieving the

16 functions outlined in section 5(d).

17 (d) GENERAL ACCOUNTING OFFICE.—

18 (1) Beginning on the date of enactment of this

19 Act, the General Accounting Office shall—

20 (A) evaluate the effectiveness of eligible

21 Federal financial assistance programs included

22 in flexibility plans approved pursuant to this

23 Act compared with such programs not included

24 in a flexibility plan;
677

SJ 63 PCS

1 (B) establish and maintain, through the ef2 fective date of this statute, a program for the

3 ongoing collection of data and analysis of each

4 eligible Federal financial assistance program in5 cluded in an approved flexibility plan.

6 (2) No later than January 1, 2005, the General

7 Accounting Office shall submit a report to Congress

8 and the President that describes and evaluates the

9 results of the evaluations conducted pursuant to

10 paragraphs (1) and any recommendations on how to

11 improve flexibility in the administration of eligible

12 Federal financial assistance programs.

13 (e) ADVISORY COMMISSION ON INTERGOVERN14 MENTAL RELATIONS.—No later than January 1, 2005,

15 the Advisory Commission on Intergovernmental Relations

16 shall submit a report to the Congress and President

17 that—

18 (1) describes the extent to which this Act has

19 improved the ability of State, local and tribal gov20 ernments, particularly smaller units of government,

21 to make more effective use of two or more Federal

22 financial assistance programs included in a flexibility

23 plan;

24 (2) evaluates if or how the flexibility provided

25 by this Act has improved the system of Federal fi-
678

SJ 63 PCS

1 nancial assistance to State, local and tribal govern2 ments, and enabled governments and community or3 ganizations to work together more effectively; and

4 (3) includes recommendations with respect to

5 flexibility for State, local and tribal governments.

6 SEC. 310. REPEAL.

7 This Act is repealed on January 1, 2005.

8 SEC. 311. DELIVERY DATE OF FEDERAL CONTRACT, GRANT,

9 AND ASSISTANCE APPLICATIONS.

10 (a) GENERAL RULE.—

11 (1) DATE OF DELIVERY.—The Director of the

12 Office of Management and Budget shall direct all

13 Federal agencies to develop a consistent policy relat14 ing to Federal contract, grant, and other assistance

15 applications which stipulates that if any bid, grant

16 application, or other document required to be filled

17 within a prescribed period or on or before a pre18 scribed date is, after such period or such date, deliv19 ered by United States mail to the agency, officer, or

20 office with which such bid, grant application, or

21 other document is required to be made, the date of

22 the United States postmark stamped on the cover in

23 which such bid, grant application, or other document

24 is mailed shall be deemed to be the date of delivery,

25 as the case may be.
679

SJ 63 PCS

1 (2) MAILING REQUIREMENTS.—This subsection

2 applies only if—

3 (A) the postmark date falls within the pre4 scribed period or on or before the prescribed

5 date for the filing (including any extension

6 granted for such filing) of the bid, grant ap7 plication, or other document; and

8 (B) the bid, grant application, or other

9 document was, within the time prescribed in

10 subparagraph (A), deposited in the mail in the

11 United States in an envelope or other appro12 priate wrapper, postage prepaid, properly ad13 dressed to the agency, officer, or office with

14 which the bid, grant application, or other docu15 ment is required to be made.

16 (b) POSTMARKS.—This section shall apply in the case

17 of postmarks not made by the United States Postal Serv18 ice only if and to the extent provided by the regulations

19 prescribed by Federal agencies.

20 (c) REGISTERED AND CERTIFIED MAILING.—

21 (1) REGISTERED MAIL.—For purposes of this

22 section, if any such bid, grant application, or other

23 document is sent by United States registered mail—

24 (A) such registration shall be prima facie

25 evidence that the bid, grant application, or
680

SJ 63 PCS

1 other document was delivered to the agency, of2 ficer, or office to which addressed; and

3 (B) the date of registration shall be

4 deemed the postmark date.

5 (2) CERTIFIED MAIL.—Federal agencies are au6 thorized to provide by regulations the extent to

7 which the provisions of paragraph (1) of this sub8 section with respect to prima facie evidence of deliv9 ery and the postmark date shall apply to certified

10 mail.

11 (d) EFFECTIVE DATE.—This section shall take effect

12 on the date of the enactment of this Act and shall remain

13 in effect notwithstanding section 10 of this Act.

14 DIVISION 2—ECONOMIC GROWTH

15 AND REGULATORY PAPER16 WORK REDUCTION

17 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

18 (a) SHORT TITLE.—This division may be cited as the

19 ‘‘Economic Growth and Regulatory Paperwork Reduction

20 Act of 1996’’.

21 (b) TABLE OF CONTENTS.—The table of contents for

22 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
681

SJ 63 PCS

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.
682

SJ 63 PCS

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.
683

SJ 63 PCS

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.

1 SEC. 2. DEFINITIONS.

2 Unless otherwise specified in this division, for pur3 poses of this division—

4 (1) the term ‘‘Appraisal Subcommittee’’ means

5 the Appraisal Subcommittee established under sec6 tion 1011 of the Federal Financial Institutions Ex7 amination Council Act of 1978 (as in existence on

8 the day before the date of enactment of this Act);
684

SJ 63 PCS

1 (2) the term ‘‘appropriate Federal banking

2 agency’’ has the same meaning as in section 3 of the

3 Federal Deposit Insurance Act;

4 (3) the term ‘‘Board’’ means the Board of Gov5 ernors of the Federal Reserve System;

6 (4) the term ‘‘Corporation’’ means the Federal

7 Deposit Insurance Corporation;

8 (5) the term ‘‘Council’’ means the Federal Fi9 nancial Institutions Examination Council established

10 under section 1004 of the Federal Financial Institu11 tions Examination Council Act of 1978;

12 (6) the term ‘‘insured credit union’’ has the

13 same meaning as in section 101 of the Federal

14 Credit Union Act; and

15 (7) the term ‘‘insured depository institution’’

16 has the same meaning as in section 3 of the Federal

17 Deposit Insurance Act.

18 TITLE I—STREAMLINING THE

19 HOME MORTGAGE LENDING

20 PROCESS

21 SEC. 101. SIMPLIFICATION AND UNIFICATION OF DISCLO22 SURES REQUIRED UNDER RESPA AND TILA

23 FOR MORTGAGE TRANSACTIONS.

24 (a) IN GENERAL.—With respect to credit trans25 actions which are subject to the Real Estate Settlement
685

SJ 63 PCS

1 Procedures Act of 1974 and the Truth in Lending Act,

2 the Board of Governors of the Federal Reserve System

3 (hereafter in this section referred to as the ‘‘Board’’) and

4 the Secretary of Housing and Urban Development (here5 after in this section referred to as the ‘‘Secretary’’) shall

6 take such action as may be necessary before the end of

7 the 6-month period beginning on the date of enactment

8 of this Act—

9 (1) to simplify and improve the disclosures ap10 plicable to such transactions under such Acts, in11 cluding the timing of the disclosures; and

12 (2) to provide a single format for such disclo13 sures which will satisfy the requirements of each

14 such Act with respect to such transactions.

15 (b) REGULATIONS.—To the extent that it is nec16 essary to prescribe any regulation in order to effect any

17 changes required to be made under subsection (a), the pro18 posed regulation shall be published in the Federal Register

19 before the end of the 6-month period referred to in sub20 section (a).

21 (c) RECOMMENDATIONS FOR LEGISLATION.—If the

22 Board and the Secretary find that legislative action may

23 be necessary or appropriate in order to simplify and unify

24 the disclosure requirements under the Real Estate Settle25 ment Procedures Act of 1974 and the Truth in Lending
686

SJ 63 PCS

1 Act, the Board and the Secretary shall submit a report

2 containing recommendations to the Congress concerning

3 such action.

4 SEC. 102. ELIMINATION OF REDUNDANT REGULATORS.

5 (a) DEFINITION.—Section 3 of the Real Estate Set6 tlement Procedures Act of 1974 (12 U.S.C. 2602) is

7 amended—

8 (1) in paragraph (7), by striking ‘‘and’’ at the

9 end;

10 (2) in paragraph (8), by striking the period at

11 the end and inserting a semicolon; and

12 (3) by adding at the end the following new

13 paragraphs:

14 ‘‘(9) the term ‘Board’ means the Board of Gov15 ernors of the Federal Reserve System;

16 ‘‘(10) the term ‘appropriate Federal banking

17 agency’ has the same meaning as in section 3 of the

18 Federal Deposit Insurance Act; and’’.

19 (b) CONFORMING AMENDMENTS.—The Real Estate

20 Settlement Procedures Act of 1974 (12 U.S.C. 2601 et

21 seq.) is amended—

22 (1) in section 4, by striking ‘‘Secretary’’ each

23 place such term appears and inserting ‘‘Board’’;

24 (2) in section 5, by striking ‘‘Secretary’’ each

25 place such term appears and inserting ‘‘Board’’;
687

SJ 63 PCS

1 (3) in section 6, by striking ‘‘Secretary’’ each

2 place such term appears and inserting ‘‘Board’’;

3 (4) in section 8(d)(4), by striking ‘‘Secretary’’

4 and inserting ‘‘Secretary or the appropriate Federal

5 banking agency, as provided in section 20,’’;

6 (5) in section 10(c)(1)(C), by striking ‘‘Not

7 later’’ and all that follows through ‘‘Act, the Sec8 retary’’, and inserting ‘‘The Board’’;

9 (6) in section 16, by striking ‘‘the Secretary’’

10 and inserting ‘‘the Secretary or the appropriate Fed11 eral banking agency’’;

12 (7) in section 18—

13 (A) by striking ‘‘Secretary is authorized

14 to’’ and inserting ‘‘Board or Secretary, as ap15 plicable, may’’; and

16 (B) by striking ‘‘Secretary’’ each place

17 such term appears and inserting ‘‘Secretary or

18 the Board’’; and

19 (8) in section 19, by amending the section

20 heading to read as follows:

21 ‘‘SEC. 19. AUTHORITY OF THE SECRETARY AND THE

22 BOARD.’’.

23 (c) REGULATIONS.—
688

SJ 63 PCS

1 (1) IN GENERAL.—Section 19(a) of the Real

2 Estate Settlement Procedures Act of 1974 (12

3 U.S.C. 2617(a)) is amended to read as follows:

4 ‘‘(a) REGULATIONS.—

5 ‘‘(1) IN GENERAL.—The Board or the Sec6 retary shall prescribe such regulations as may be

7 necessary to carry out this title, as set forth in para8 graph (3).

9 ‘‘(2) SPECIFICATIONS.—The regulations pro10 mulgated under paragraph (1)—

11 ‘‘(A) may contain such classifications, dif12 ferentiations, or other provisions, and may pro13 vide for such adjustments and exceptions for

14 any class of transactions, as the Board or the

15 Secretary, as appropriate, determines to be nec16 essary or proper to—

17 ‘‘(i) effectuate the purposes of this

18 title;

19 ‘‘(ii) prevent circumvention or evasion

20 of this title; or

21 ‘‘(iii) facilitate compliance with this

22 title; and

23 ‘‘(B) shall minimize the burdens and cost

24 imposed upon creditors and shall ensure that

25 costs, burdens, and complexities to consumers
689

SJ 63 PCS

1 are reduced, while necessary information re2 garding the cost of financing to consumers is

3 provided.

4 ‘‘(3) APPLICATION.—

5 ‘‘(A) BOARD.—The authority of the Board

6 under paragraph (1) shall apply with respect

7 to—

8 ‘‘(i) sections 4, 5, 6, 10, and 12; and

9 ‘‘(ii) sections 3, 7, 17, 18, and 19, to

10 the extent that such sections are applicable

11 with respect to the sections described in

12 clause (i).

13 ‘‘(B) SECRETARY.—The authority of the

14 Secretary under paragraph (1) shall apply with

15 respect to—

16 ‘‘(i) sections 8 and 9; and

17 ‘‘(ii) sections 3, 7, 17, 18, and 19, to

18 the extent such sections are applicable with

19 respect to the sections described in clause

20 (i).’’.

21 (2) CONFORMING AMENDMENTS.—Section 19 of

22 the Real Estate Settlement Procedures Act of 1974

23 (12 U.S.C. 2617) is amended—

24 (A) in subsection (b), by inserting ‘‘, the

25 Board,’’ after ‘‘the Secretary’’;
690

SJ 63 PCS

1 (B) in subsection (c)(1)—

2 (i) by striking ‘‘Secretary may’’ and

3 inserting ‘‘Secretary and the appropriate

4 Federal banking agency may’’;

5 (ii) by striking ‘‘Secretary is’’ and in6 serting ‘‘Secretary and the appropriate

7 Federal banking agency are’’; and

8 (iii) by striking ‘‘Secretary deems’’

9 and inserting ‘‘Secretary or the appro10 priate Federal banking agency deems’’;

11 and

12 (C) in subsection (c)(2), by striking ‘‘Sec13 retary’’ and inserting ‘‘Secretary or the appro14 priate Federal banking agency’’.

15 (d) ADMINISTRATIVE ENFORCEMENT.—The Real Es16 tate Settlement Procedures Act of 1974 (12 U.S.C. 2601

17 et seq.) is amended by adding at the end the following

18 new section:

19 ‘‘SEC. 20. ADMINISTRATIVE ENFORCEMENT.

20 ‘‘(a) IN GENERAL.—Compliance with the require21 ments imposed under this title shall be enforced—

22 ‘‘(1) with respect to—

23 ‘‘(A) any national bank or any Federal

24 branch or Federal agency of a foreign bank, by

25 the Office of the Comptroller of the Currency;
691

SJ 63 PCS

1 ‘‘(B) any member bank of the Federal Re2 serve System (other than a national bank), any

3 branch or agency of a foreign bank (other than

4 a Federal branch or Federal agency, or insured

5 State branch of a foreign bank), any commer6 cial lending company owned or controlled by

7 one or more foreign banks, or any organization

8 operating under section 25 or 25A of the Fed9 eral Reserve Act, by the Board;

10 ‘‘(C) any bank insured under the Federal

11 Deposit Insurance Act (other than a member of

12 the Federal Reserve System) or any insured

13 State branch of a foreign bank, by the Board

14 of Directors of the Federal Deposit Insurance

15 Corporation; and

16 ‘‘(D) any savings association the deposits

17 of which are insured under the Federal Deposit

18 Insurance Act, by the Director of the Office of

19 Thrift Supervision;

20 ‘‘(2) under the Federal Credit Union Act, by

21 the Administrator of the National Credit Union Ad22 ministration with respect to any Federal credit

23 union;

24 ‘‘(3) under the Packers and Stockyards Act,

25 1921 (except as provided in section 406 of such
692

SJ 63 PCS

1 Act), by the Secretary of Agriculture with respect to

2 any activities subject to such Act; and

3 ‘‘(4) under the Farm Credit Act of 1971, by

4 the Farm Credit Administration with respect to any

5 institution referred to in section 1.2(a) of that Act.

6 ‘‘(b) LIMITATIONS.—In exercising their powers under

7 subsection (a), the appropriate Federal banking agencies

8 shall not impose any penalties that exceed those provided

9 for in this title.

10 ‘‘(c) HUD ENFORCEMENT.—Except to the extent

11 that the enforcement of the requirements imposed under

12 this title is specifically committed to another agency of the

13 Federal Government under subsection (a), the Secretary

14 of Housing and Urban Development shall enforce such re15 quirements.’’.

16 (e) TRANSFER OF AUTHORITY.—Authority to carry

17 out the Real Estate Settlement Procedures Act of 1974

18 shall be transferred to the Board, as provided in the

19 amendments made by subsections (b) and (c) of this sec20 tion, 180 days after the enactment of this Act. Upon

21 transfer of authority, all existing regulations shall remain

22 in effect until such time as the Board modifies them. Not

23 later than 180 days after the date of transfer, the Board

24 shall publish any proposed changes to the regulations re25 quired by this division. During the 180-day period begin-
693

SJ 63 PCS

1 ning on the date of enactment of this Act, the Secretary

2 of the Treasury shall not modify, repeal, or add any regu3 lations that will be transferred to the Board, as appro4 priate.

5 SEC. 103. GENERAL EXEMPTION AUTHORITY FOR LOANS.

6 (a) REGULATORY FLEXIBILITY.—Section 104 of the

7 Truth in Lending Act (15 U.S.C. 1603) is amended—

8 (1) by redesignating paragraphs (5) and (6) as

9 paragraphs (6) and (7), respectively; and

10 (2) by inserting after paragraph (4) the follow11 ing new paragraph:

12 ‘‘(5) Transactions for which the Board, by rule,

13 determines that coverage under this title is not nec14 essary to carry out the purposes of this title.’’.

15 (b) EXEMPTION AUTHORITY.—Section 105 of the

16 Truth in Lending Act (15 U.S.C. 1604) is amended by

17 adding at the end the following new subsection:

18 ‘‘(f) EXEMPTION AUTHORITY.—

19 ‘‘(1) IN GENERAL.—The Board may exempt

20 from all or part of this title any class of transactions

21 for which, in the determination of the Board, cov22 erage under all or part of this title does not provide

23 a meaningful benefit to consumers in the form of

24 useful information or protection.
694

SJ 63 PCS

1 ‘‘(2) FACTORS FOR CONSIDERATION.—In deter2 mining which classes of transactions to exempt in

3 whole or in part under paragraph (1), the Board

4 shall consider, among other factors—

5 ‘‘(A) the amount of the loan or closing

6 costs and whether the disclosures, right of re7 scission, and other provisions are necessary,

8 particularly for small loans, as determined by

9 the Board;

10 ‘‘(B) whether the requirements of this title

11 complicate, hinder, or make more expensive the

12 credit process for the class of transactions;

13 ‘‘(C) the status of the borrower, includ14 ing—

15 ‘‘(i) any related financial arrange16 ments of the borrower, as determined by

17 the Board;

18 ‘‘(ii) the financial sophistication of the

19 borrower relative to the type of trans20 action; and

21 ‘‘(iii) the importance to the borrower

22 of the credit and related supporting prop23 erty, as determined by the Board;

24 ‘‘(D) whether the loan is secured by the

25 principal residence of the consumer; and
695

SJ 63 PCS

1 ‘‘(E) whether the goal of consumer protec2 tion would be undermined by such an exemp3 tion.’’.

4 SEC. 104. REDUCTIONS IN REAL ESTATE SETTLEMENT PRO5 CEDURES ACT OF 1974 REGULATORY BUR6 DENS.

7 (a) UNNECESSARY DISCLOSURE.—Section 6(a) of the

8 Real Estate Settlement Procedures Act of 1974 (12

9 U.S.C. 2605(a)) is amended to read as follows:

10 ‘‘(a) DISCLOSURE TO APPLICANT RELATING TO AS11 SIGNMENT, SALE, OR TRANSFER OF LOAN SERVICING.—

12 Each person who makes a federally related mortgage loan

13 shall disclose to each person who applies for the loan, at

14 the time of application for the loan, whether the servicing

15 of the loan may be assigned, sold, or transferred to any

16 other person at any time while the loan is outstanding.’’.

17 (b) EXEMPTION FOR CERTAIN PAYMENTS TO EM18 PLOYEES.—Section 8(c) of the Real Estate Settlement

19 Procedures Act of 1974 (12 U.S.C. 2607(c)) is amend20 ed—

21 (1) by striking ‘‘or (5)’’ and inserting ‘‘(5) pay22 ment by a depository institution or mortgage bank

23 to its own employee for a referral to an affiliated en24 tity for a loan product, if the employee does not hold
696

SJ 63 PCS

1 himself or herself out as anything other than an em2 ployee of that institution, or bank, or (7)’’; and

3 (2) by adding at the end the following: ‘‘For

4 purposes of paragraph (5) the term ‘employee’ has

5 the same meaning as in section 3306(i) of the Inter6 nal Revenue Code of 1986, and the term ‘depository

7 institution’ has the same meaning as in section 3 of

8 the Federal Deposit Insurance Act.’’.

9 (c) CONSISTENCY OF REAL ESTATE SETTLEMENT

10 PROCEDURES ACT AND TRUTH IN LENDING ACT EXEMP11 TION OF BUSINESS LOANS.—Section 7 of the Real Estate

12 Settlement Procedures Act of 1974 (12 U.S.C. 2606) is

13 amended—

14 (1) by striking ‘‘This Act’’ and inserting the

15 following:

16 ‘‘(a) IN GENERAL.—This Act’’; and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(b) INTERPRETATION.—In promulgating regula20 tions under section 19(a), the Board shall ensure that,

21 with respect to subsection (a) of this section, the exemp22 tion for credit transactions involving extensions of credit

23 primarily for business, commercial, or agricultural pur24 poses, as provided in section 7(1) of the Real Estate Set25 tlement Procedures Act of 1974 shall be the same as the
697

SJ 63 PCS

1 exemption for such credit transactions under section

2 104(1) of the Truth in Lending Act.’’.

3 SEC. 105. CO-BRANDING AND AFFINITY GROUP ENDORSE4 MENTS.

5 (a) COMPLIANCE WITH OTHER REQUIREMENTS.—

6 Section 3(3) of the Real Estate Settlement Procedures Act

7 of 1974 (12 U.S.C. 2602(3)) is amended by inserting be8 fore the semicolon ‘‘, but does not include an endorsement

9 which does not violate the provisions of section 8(c)(4)’’.

10 (b) PAYMENTS.—Section 8(c) of the Real Estate Set11 tlement Procedures Act of 1974 (12 U.S.C. 2607(c)) is

12 amended by inserting after paragraph (5), as added by

13 section 104(b) of this division, the following new para14 graph: ‘‘(6) a payment or transfer of a thing of value to

15 an affinity group for or in connection with an endorsement

16 (written or oral), either through an advertisement or

17 through a communication addressed to a person by name

18 or mailing address, of the products or services of a settle19 ment service provider, if that disclosure is clearly made

20 at the time of the first written communication with the

21 consumer of the fact that a payment was made or may

22 be made, or other thing of value may accrue to the affinity

23 group for the endorsement;’’.

24 (c) DEFINITION.—Section 3 of the Real Estate Set25 tlement Procedures Act of 1974 (12 U.S.C. 2602) is
698

SJ 63 PCS

1 amended by adding at the end the following new para2 graph:

3 ‘‘(11) the term ‘affinity group’ means any per4 son, other than an individual, that—

5 ‘‘(A) is established for common objectives

6 or purposes; and

7 ‘‘(B) is not established by a settlement

8 service provider or providers for the principal

9 purpose of endorsing the products or services of

10 a settlement service provider.’’.

11 SEC. 106. WAIVER FOR CERTAIN BORROWERS.

12 Section 105 of the Truth in Lending Act (15 U.S.C.

13 1604) is amended by adding at the end the following new

14 subsection:

15 ‘‘(g) WAIVER FOR CERTAIN BORROWERS.—

16 ‘‘(1) IN GENERAL.—The Board, by regulation,

17 may exempt from the requirements of this title cer18 tain credit transactions if—

19 ‘‘(A) the transaction involves a consumer—

20 ‘‘(i) with an annual earned income of

21 more than $200,000; or

22 ‘‘(ii) having net assets in excess of

23 $1,000,000 at the time of the transaction;

24 and
699

SJ 63 PCS

1 ‘‘(B) a waiver that is handwritten, signed,

2 and dated by the consumer is first obtained

3 from the consumer.

4 ‘‘(2) ADJUSTMENTS BY THE BOARD.—The

5 Board, at its discretion, may adjust the annual

6 earned income and net asset requirements of para7 graph (1) for inflation.’’.

8 SEC. 107. ALTERNATIVE DISCLOSURES FOR ADJUSTABLE

9 RATE MORTGAGES.

10 Section 128(a) of the Truth in Lending Act (15

11 U.S.C. 1638(a)) is amended by adding at the end the fol12 lowing new paragraph:

13 ‘‘(14) In any variable interest rate residential

14 mortgage transaction, at the option of the creditor,

15 a statement that the periodic payments may increase

16 or decrease substantially, and the maximum interest

17 rate and payment for a $10,000 loan originated at

18 a recent interest rate, as determined by the Board,

19 assuming the maximum periodic increases in rates

20 and payments under the program, or a historical ex21 ample illustrating the effects of interest rate changes

22 implemented according to the loan program.’’.
700

SJ 63 PCS

1 SEC. 108. RESTITUTION FOR VIOLATIONS OF THE TRUTH IN

2 LENDING ACT.

3 Section 108(e)(3) of the Truth in Lending Act (15

4 U.S.C. 2602(3)) is amended—

5 (1) by striking ‘‘ordered (A) if’’ and inserting

6 the following: ‘‘ordered—

7 ‘‘(A) if’’;

8 (2) by striking ‘‘may require a partial’’ and in9 serting ‘‘may—

10 ‘‘(i) require a partial’’;

11 (3) by striking ‘‘, except that with respect’’ and

12 all that follows through ‘‘Act, the agency shall re13 quire’’ and inserting ‘‘; or

14 ‘‘(ii) require’’;

15 (4) by striking ‘‘reasonable, (B) the’’ and in16 serting the following: ‘‘reasonable, if (in the case of

17 an agency referred to in paragraph (1), (2), or (3)

18 of subsection (a)), the agency determines that a par19 tial adjustment or making partial payments over an

20 extended period is necessary to avoid causing the

21 creditor to become undercapitalized pursuant to sec22 tion 38 of the Federal Deposit Insurance Act;

23 ‘‘(B) the’’; and

24 (5) by striking ‘‘(C) except’’ and inserting the

25 following:

26 ‘‘(C) except’’.
701

SJ 63 PCS

1 SEC. 109. LIMITATION ON LIABILITY UNDER THE TRUTH IN

2 LENDING ACT.

3 Section 139(a) of the Truth in Lending Act (15

4 U.S.C. 1649(a)) is amended by striking ‘‘For any

5 consumer credit transaction subject to this title’’ and in6 serting ‘‘For any closed end consumer credit transaction

7 that is secured by real property or a dwelling, that is sub8 ject to this title, and’’.

9 TITLE II—STREAMLINING

10 GOVERNMENT REGULATION

11 Subtitle A—Eliminating Unneces12 sary Regulatory Requirements

13 and Procedures

14 SEC. 201. ELIMINATION OF CERTAIN FILING AND AP15 PROVAL REQUIREMENTS FOR CERTAIN IN16 SURED DEPOSITORY INSTITUTIONS.

17 Section 18(c) of the Federal Deposit Insurance Act

18 (12 U.S.C. 1828(c)) is amended by adding at the end the

19 following new paragraph:

20 ‘‘(12) EXCEPTIONS.—No prior approval is required

21 under paragraph (2) for any merger, consolidation, acqui22 sition of assets, or assumption of liabilities involving only

23 insured depository institutions that are subsidiaries of the

24 same depository institution holding company, if—
702

SJ 63 PCS

1 ‘‘(A) the responsible agency would not be pro2 hibited from approving the transaction under section

3 44;

4 ‘‘(B) the acquiring, assuming, or resulting insti5 tution complies with all applicable provisions of sec6 tion 44 as if the merger, consolidation, or acquisition

7 were approved under this subsection;

8 ‘‘(C) the acquiring, assuming, or resulting insti9 tution provides written notification of the trans10 action to the appropriate Federal banking agency for

11 the institution not later than 10 days prior to con12 summation of the transaction; and

13 ‘‘(D) during the 10-day period beginning on the

14 date on which the notification required by subpara15 graph (C) was received, the agency does not require

16 the institution to submit an application with respect

17 to such transaction.’’.

18 SEC. 202. ELIMINATION OF REDUNDANT APPROVAL RE19 QUIREMENT FOR OAKAR TRANSACTIONS.

20 (a) IN GENERAL.—Section 5(d)(3) of the Federal

21 Deposit Insurance Act (12 U.S.C. 1815(d)(3)) is amend22 ed—

23 (1) in subparagraph (A), by striking ‘‘with the

24 prior written approval of’’ and inserting ‘‘if the

25 transaction is approved by’’;
703

SJ 63 PCS

1 (2) in subparagraph (E)—

2 (A) by striking clauses (i) and (iv);

3 (B) by redesignating clauses (ii) and (iii)

4 as clauses (i) and (ii), respectively; and

5 (C) by adding at the end the following new

6 clause:

7 ‘‘(iii) CAPITAL REQUIREMENTS.—A

8 transaction described in this paragraph

9 shall not be approved under section

10 18(c)(2) unless the acquiring, assuming, or

11 resulting depository institution will meet

12 all applicable capital requirements upon

13 consummation of the transaction.’’;

14 (3) by striking subparagraph (G); and

15 (4) by redesignating subparagraphs (H)

16 through (J) as subparagraphs (G) through (I), re17 spectively.

18 (b) CONFORMING AMENDMENTS.—

19 (1) REVISED STATUTES.—Section 5156A(b)(1)

20 of the Revised Statutes (12 U.S.C. 215c(b)(1)) is

21 amended by striking ‘‘by section 5(d)(3) of the Fed22 eral Deposit Insurance Act or any other’’ and insert23 ing ‘‘under any’’.

24 (2) HOME OWNERS’ LOAN ACT.—Section

25 10(s)(2)(A) of the Home Owners’ Loan Act (12
704

SJ 63 PCS

1 U.S.C. 1467a(s)(2)(A)) is amended by striking

2 ‘‘under section 5(d)(3) of the Federal Deposit Insur3 ance Act or any other’’ and inserting ‘‘under any’’.

4 SEC. 203. ELIMINATION OF DUPLICATIVE REQUIREMENTS

5 IMPOSED UPON BANK HOLDING COMPANIES.

6 (a) EXEMPTION FOR BANK HOLDING COMPANIES.—

7 Section 10 of the Home Owners’ Loan Act (12 U.S.C.

8 1467a) is amended by adding at the end the following new

9 subsection:

10 ‘‘(t) EXEMPTION FOR BANK HOLDING COMPA11 NIES.—This section does not apply to a bank holding com12 pany that is subject to the Bank Holding Company Act

13 of 1956, or any company controlled by such bank holding

14 company.’’.

15 (b) DEFINITION.—Section 10(a)(1)(D) of the Home

16 Owners’ Loan Act (12 U.S.C. 1467a(a)(1)(D)) is amend17 ed to read as follows:

18 ‘‘(D) SAVINGS AND LOAN HOLDING COM19 PANY.—

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), the term ‘savings and

22 loan holding company’ means any company

23 that directly or indirectly controls a sav24 ings association or that controls any other
705

SJ 63 PCS

1 company that is a savings and loan holding

2 company.

3 ‘‘(ii) EXCLUSION.—The term ‘savings

4 and loan holding company’ does not in5 clude a bank holding company that is reg6 istered under, and subject to, the Bank

7 Holding Company Act of 1956, or to any

8 company directly or indirectly controlled by

9 such company (other than a savings asso10 ciation).’’.

11 (c) ACQUISITIONS.—Section 10(e)(1) of the Home

12 Owners’ Loan Act (12 U.S.C. 1467a(e)(1)) is amended—

13 (1) in subparagraph (A)(iii)(VII), by inserting

14 ‘‘or’’ at the end;

15 (2) in subparagraph (A)(iv), by inserting ‘‘and’’

16 at the end; and

17 (3) in subparagraph (B)—

18 (A) by striking ‘‘or (ii)’’ and inserting

19 ‘‘(ii)’’; and

20 (B) by inserting before the first period ‘‘,

21 or (iii) acquired by a bank holding company

22 that is registered under, and subject to, the

23 Bank Holding Company Act of 1956, or any

24 company controlled by such bank holding com25 pany’’.
706

SJ 63 PCS

1 (d) AMENDMENTS TO THE BANK HOLDING COMPANY

2 ACT OF 1956.—Section 4(i) of the Bank Holding Com3 pany Act of 1956 (12 U.S.C. 1843(i)) is amended by add4 ing at the end the following new paragraphs:

5 ‘‘(4) SOLICITATION OF VIEWS.—

6 ‘‘(A) NOTICE TO DIRECTOR.—Upon receiv7 ing any application or notice by a bank holding

8 company to acquire, directly or indirectly, a

9 savings association under subsection (c)(8), the

10 Board shall solicit comments and recommenda11 tions from the Director with respect to such ac12 quisition.

13 ‘‘(B) COMMENT PERIOD.—The comments

14 and recommendations of the Director under

15 subparagraph (A) with respect to any acquisi16 tion subject to such subparagraph shall be

17 transmitted to the Board not later than 30 days

18 after the receipt by the Director of the notice

19 relating to such acquisition (or such shorter pe20 riod as the Board may specify if the Board ad21 vises the Director that an emergency exists that

22 requires expeditious action).

23 ‘‘(5) EXAMINATION.—

24 ‘‘(A) SCOPE.—The Board shall consult

25 with the Director, as appropriate, in establish-
707

SJ 63 PCS

1 ing the scope of an examination by the Board

2 of a bank holding company that directly or indi3 rectly controls a savings association.

4 ‘‘(B) ACCESS TO INSPECTION REPORTS.—

5 Upon the request of the Director, the Board

6 shall furnish the Director with a copy of any in7 spection report, additional examination mate8 rials, or supervisory information relating to any

9 bank holding company that directly or indirectly

10 controls a savings association.

11 ‘‘(6) COORDINATION OF ENFORCEMENT EF12 FORTS.—The Board and the Director shall cooper13 ate in any enforcement action against any bank

14 holding company that controls a savings association,

15 if the relevant conduct involves such association.

16 ‘‘(7) DIRECTOR DEFINED.—For purposes of

17 this section, the term ‘Director’ means the Director

18 of the Office of Thrift Supervision.’’.

19 SEC. 204. ELIMINATION OF THE PER BRANCH CAPITAL RE20 QUIREMENT FOR NATIONAL BANKS AND

21 STATE MEMBER BANKS.

22 Section 5155(h) of the Revised Statutes (12 U.S.C.

23 36(h)) is amended to read as follows:

24 ‘‘(h) [Reserved.]’’.
708

SJ 63 PCS

1 SEC. 205. ELIMINATION OF BRANCH APPLICATION RE2 QUIREMENTS FOR AUTOMATIC TELLER MA3 CHINES.

4 (a) ‘‘BRANCH’’ UNDER NATIONAL BANK ACT.—Sec5 tion 5155(j) of the Revised Statutes (12 U.S.C. 36(j)) is

6 amended by adding at the end the following: ‘‘The term

7 ‘branch’, as used in this section, does not include an auto8 mated teller machine or a remote service unit.’’.

9 (b) ‘‘DOMESTIC BRANCH’’ UNDER THE FEDERAL

10 DEPOSIT INSURANCE ACT.—Section 3(o) of the Federal

11 Deposit Insurance Act (12 U.S.C. 1813(o)) is amended

12 by striking ‘‘lent; and the’’ and inserting ‘‘lent. The term

13 ‘domestic branch’ does not include an automated teller

14 machine or a remote service unit. The’’.

15 SEC. 206. ELIMINATION OF REQUIREMENT FOR APPROVAL

16 OF INVESTMENTS IN BANK PREMISES FOR

17 WELL CAPITALIZED AND WELL MANAGED

18 BANKS.

19 Section 24A of the Federal Reserve Act (12 U.S.C.

20 371d) is amended to read as follows:

21 ‘‘SEC. 24A. INVESTMENT IN BANK PREMISES OR STOCK OF

22 CORPORATION HOLDING PREMISES.

23 ‘‘(a) CONDITIONS OF INVESTMENT.—No national

24 bank or State member bank shall invest in bank premises,

25 or in the stock, bonds, debentures, or other such obliga26 tions of any corporation holding the premises of such
709

SJ 63 PCS

1 bank, or make loans to or upon the security of any such

2 corporation—

3 ‘‘(1) unless the bank receives the prior approval

4 of the Comptroller of the Currency (with respect to

5 a national bank) or the Board (with respect to a

6 State member bank);

7 ‘‘(2) unless the aggregate of all such invest8 ments and loans, together with the amount of any

9 indebtedness incurred by any such corporation that

10 is an affiliate of the bank, is less than or equal to

11 the amount of the capital stock of such bank; or

12 ‘‘(3) unless—

13 ‘‘(A) the aggregate of all such investments

14 and loans, together with the amount of any in15 debtedness incurred by any such corporation

16 that is an affiliate of the bank, is less than or

17 equal to 150 percent of the capital and surplus

18 of the bank; and

19 ‘‘(B) the bank—

20 ‘‘(i) has a CAMEL composite rating

21 of 1 or 2 under the Uniform Financial In22 stitutions Rating System (or an equivalent

23 rating under a comparable rating system)

24 as of the most recent examination of such

25 bank;
710

SJ 63 PCS

1 ‘‘(ii) is well capitalized and will con2 tinue to be well capitalized after the invest3 ment or loan; and

4 ‘‘(iii) provides notification to the

5 Comptroller of the Currency (with respect

6 to a national bank) or to the Board (with

7 respect to a State member bank) not later

8 than 30 days after making the investment

9 or loan.

10 ‘‘(b) DEFINITIONS.—For purposes of this section—

11 ‘‘(1) the term ‘affiliate’ has the same meaning

12 as in section 2 of the Banking Act of 1933; and

13 ‘‘(2) the term ‘well capitalized’ has the same

14 meaning as in section 38(b) of the Federal Deposit

15 Insurance Act.’’.

16 SEC. 207. ELIMINATION OF APPROVAL REQUIREMENT FOR

17 DIVESTITURES.

18 Section 2(g) of the Bank Holding Company Act of

19 1956 (12 U.S.C. 1841(g)) is amended—

20 (1) in paragraph (1), by adding ‘‘and’’ at the

21 end;

22 (2) in paragraph (2), by striking ‘‘; and’’ and

23 inserting a period; and

24 (3) by striking paragraph (3).
711

SJ 63 PCS

1 SEC. 208. STREAMLINED NONBANKING ACQUISITIONS BY

2 WELL CAPITALIZED AND WELL MANAGED

3 BANKING ORGANIZATIONS.

4 (a) NOTICE REQUIREMENTS.—Section 4(j) of the

5 Bank Holding Company Act of 1956 (12 U.S.C. 1843(j))

6 is amended—

7 (1) in paragraph (1)(A), by striking ‘‘No’’ and

8 inserting ‘‘Except as provided in paragraph (3), no’’;

9 and

10 (2) by adding at the end the following new

11 paragraphs:

12 ‘‘(3) NO NOTICE REQUIRED FOR CERTAIN

13 TRANSACTIONS.—No notice under paragraph (1) of

14 this subsection or under subsection (c)(8) or

15 (a)(2)(B) is required for a proposal by a bank hold16 ing company to engage in any activity or acquire the

17 shares or assets of any company, other than an in18 sured depository institution, if the proposal qualifies

19 under paragraph (4).

20 ‘‘(4) CRITERIA FOR STATUTORY APPROVAL.—A

21 proposal qualifies under this paragraph if all of the

22 following criteria are met:

23 ‘‘(A) FINANCIAL CRITERIA.—Both before

24 and immediately after the proposed trans25 action—
712

SJ 63 PCS

1 ‘‘(i) the acquiring bank holding com2 pany is well capitalized;

3 ‘‘(ii) the lead insured depository insti4 tution of such holding company is well cap5 italized;

6 ‘‘(iii) well capitalized insured deposi7 tory institutions control at least 80 percent

8 of the aggregate total risk-weighted assets

9 of insured depository institutions controlled

10 by such holding company; and

11 ‘‘(iv) no insured depository institution

12 controlled by such holding company is

13 undercapitalized.

14 ‘‘(B) MANAGERIAL CRITERIA.—

15 ‘‘(i) WELL MANAGED.—At the time of

16 the transaction, the acquiring bank holding

17 company, its lead insured depository insti18 tution, and insured depository institutions

19 that control at least 90 percent of the ag20 gregate total risk-weighted assets of in21 sured depository institutions controlled by

22 such holding company are well managed.

23 ‘‘(ii) LIMITATION ON POORLY MAN24 AGED INSTITUTIONS.—Except as provided

25 in paragraph (6), no insured depository in-
713

SJ 63 PCS

1 stitution controlled by the acquiring bank

2 holding company has received 1 of the 2

3 lowest composite ratings at the later of the

4 institution’s most recent examination or

5 subsequent review.

6 ‘‘(C) ACTIVITIES PERMISSIBLE.—Following

7 consummation of the proposal, the bank holding

8 company engages directly or through a subsidi9 ary solely in—

10 ‘‘(i) activities that are permissible

11 under subsection (c)(8), as determined by

12 the Board by regulation or order there13 under, subject to all of the restrictions,

14 terms, and conditions of such subsection

15 and such regulation or order; and

16 ‘‘(ii) such other activities as are other17 wise permissible under this section, subject

18 to the restrictions, terms and conditions,

19 including any prior notice or approval re20 quirements, provided in this section.

21 ‘‘(D) SIZE OF ACQUISITION.—

22 ‘‘(i) ASSET SIZE.—The book value of

23 the total assets to be acquired does not ex24 ceed 10 percent of the consolidated total
714

SJ 63 PCS

1 risk-weighted assets of the acquiring bank

2 holding company.

3 ‘‘(ii) CONSIDERATION.—The gross

4 consideration to be paid for the securities

5 or assets does not exceed 15 percent of the

6 consolidated Tier 1 capital of the acquiring

7 bank holding company.

8 ‘‘(E) NOTICE NOT OTHERWISE WAR9 RANTED.—For proposals described in para10 graph (5)(B), the Board has not, before the

11 conclusion of the period provided in paragraph

12 (5)(B), advised the bank holding company that

13 a notice under paragraph (1) is required.

14 ‘‘(F) COMPLIANCE CRITERION.—During

15 the 12-month period ending on the date on

16 which the bank holding company proposes to

17 commence an activity or acquisition, no admin18 istrative enforcement action has been com19 menced, and no cease and desist order has been

20 issued pursuant to section 8 of the Federal De21 posit Insurance Act, against the bank holding

22 company or any depository institution subsidi23 ary of the holding company, and no such en24 forcement action, order, or other administrative
715

SJ 63 PCS

1 enforcement proceeding is pending as of such

2 date.

3 ‘‘(5) NOTIFICATION.—

4 ‘‘(A) COMMENCEMENT OF ACTIVITIES AP5 PROVED BY RULE.—A bank holding company

6 that qualifies under paragraph (4) and that

7 proposes to engage de novo, directly or through

8 a subsidiary, in any activity that is permissible

9 under subsection (c)(8), as determined by the

10 Board by regulation, may commence that activ11 ity without prior notice to the Board and must

12 provide written notification to the Board not

13 later than 10 business days after commencing

14 the activity.

15 ‘‘(B) ACTIVITIES PERMITTED BY ORDER

16 AND ACQUISITIONS.—

17 ‘‘(i) IN GENERAL.—At least 12 busi18 ness days before commencing any activity

19 pursuant to paragraph (3) (other than an

20 activity described in subparagraph (A) of

21 this paragraph) or acquiring shares or as22 sets of any company pursuant to para23 graph (3), the bank holding company shall

24 provide written notice of the proposal to

25 the Board, unless the Board determines
716

SJ 63 PCS

1 that no notice or a shorter notice period is

2 appropriate.

3 ‘‘(ii) DESCRIPTION OF ACTIVITIES

4 AND TERMS.—A notification under this

5 subparagraph shall include a description of

6 the proposed activities and the terms of

7 any proposed acquisition.

8 ‘‘(6) RECENTLY ACQUIRED INSTITUTIONS.—

9 Any insured depository institution which has been

10 acquired by a bank holding company during the 12-

11 month period preceding the date on which the com12 pany proposes to commence an activity or acquisi13 tion pursuant to paragraph (3) may be excluded for

14 purposes of paragraph (4)(B)(ii) if—

15 ‘‘(A) the bank holding company has devel16 oped a plan for the institution to restore the

17 capital and management of the institution

18 which is acceptable to the appropriate Federal

19 banking agency; and

20 ‘‘(B) all such insured depository institu21 tions represent, in the aggregate, less than 10

22 percent of the aggregate total risk-weighted as23 sets of all insured depository institutions con24 trolled by the bank holding company.
717

SJ 63 PCS

1 ‘‘(7) ADJUSTMENT OF PERCENTAGES.—The

2 Board may, by regulation, adjust the percentages

3 and the manner in which the percentages of insured

4 depository institutions are calculated under para5 graph (4)(B)(i), (4)(D), or (6)(B) if the Board de6 termines that any such adjustment is consistent with

7 safety and soundness and the purposes of this Act.’’.

8 (b) DEFINITIONS.—Section 2(o) of the Bank Holding

9 Company Act of 1956 (12 U.S.C. 1841(o)) is amended—

10 (1) by striking paragraph (1) and inserting the

11 following new paragraph:

12 ‘‘(1) CAPITAL TERMS.—

13 ‘‘(A) INSURED DEPOSITORY INSTITU14 TIONS.—With respect to insured depository in15 stitutions, the terms ‘well capitalized’, ‘ade16 quately capitalized’, and ‘undercapitalized’ have

17 the same meanings as in section 38(b) of the

18 Federal Deposit Insurance Act.

19 ‘‘(B) BANK HOLDING COMPANY.—

20 ‘‘(i) ADEQUATELY CAPITALIZED.—

21 With respect to a bank holding company,

22 the term ‘adequately capitalized’ means a

23 level of capitalization which meets or ex24 ceeds all applicable Federal regulatory cap25 ital standards.
718

SJ 63 PCS

1 ‘‘(ii) WELL CAPITALIZED.—A bank

2 holding company is ‘well capitalized’ if it

3 meets the required capital levels for well

4 capitalized bank holding companies estab5 lished by the Board.

6 ‘‘(C) OTHER CAPITAL TERMS.—The terms

7 ‘Tier 1’ and ‘risk-weighted assets’ have the

8 meanings given those terms in the capital

9 guidelines or regulations established by the

10 Board for bank holding companies.’’; and

11 (2) by adding at the end the following new

12 paragraphs:

13 ‘‘(8) LEAD INSURED DEPOSITORY INSTITU14 TIONS.—

15 ‘‘(A) IN GENERAL.—The term ‘lead in16 sured depository institution’ means the largest

17 insured depository institution controlled by the

18 subject bank holding company at any time,

19 based on a comparison of the average total risk20 weighted assets controlled by each insured de21 pository institution during the previous 12-

22 month period.

23 ‘‘(B) BRANCH OR AGENCY.—For purposes

24 of this paragraph and section 4(j)(4), the term

25 ‘insured depository institution’ includes any
719

SJ 63 PCS

1 branch or agency operated in the United States

2 by a foreign bank.

3 ‘‘(9) WELL MANAGED.—The term ‘well man4 aged’ means—

5 ‘‘(A) in the case of any company or deposi6 tory institution which receives examinations, the

7 achievement of—

8 ‘‘(i) a CAMEL composite rating of 1

9 or 2 (or an equivalent rating under an

10 equivalent rating system) in connection

11 with the most recent examination or subse12 quent review of such company or institu13 tion; and

14 ‘‘(ii) at least a satisfactory rating for

15 management, if such rating is given; or

16 ‘‘(B) in the case of a company or deposi17 tory institution that has not received an exam18 ination rating, the existence and use of manage19 rial resources which the Board determines are

20 satisfactory.’’.

21 SEC. 209. ELIMINATION OF UNNECESSARY FILING FOR OF22 FICER AND DIRECTOR APPOINTMENTS.

23 Section 32 of the Federal Deposit Insurance Act (12

24 U.S.C. 1831i) is amended—

25 (1) in subsection (a)—
720

SJ 63 PCS

1 (A) by inserting ‘‘(or such other period, as

2 determined by the appropriate Federal banking

3 agency)’’ after ‘‘30 days’’;

4 (B) by striking ‘‘if the insured depository

5 institution or depository institution holding

6 company’’ and inserting ‘‘if ’’;

7 (C) by striking paragraphs (1) and (2);

8 (D) by redesignating paragraph (3) as

9 paragraph (1);

10 (E) in paragraph (1), as redesignated—

11 (i) by inserting ‘‘the insured deposi12 tory institution or depository institution

13 holding company’’ before ‘‘is not in compli14 ance’’; and

15 (ii) by striking the period at the end

16 and inserting ‘‘; or’’; and

17 (F) by adding at the end the following new

18 paragraph:

19 ‘‘(2) the agency determines, in connection with

20 the review by the agency of the plan required under

21 section 38 or otherwise, that such prior notice is ap22 propriate.’’; and

23 (2) in subsection (b), by striking ‘‘30-day pe24 riod’’ and inserting ‘‘notice period, not to exceed 90

25 days,’’.
721

SJ 63 PCS

1 SEC. 210. AMENDMENTS TO THE DEPOSITORY INSTITUTION

2 MANAGEMENT INTERLOCKS ACT.

3 (a) DUAL SERVICE AMONG LARGER ORGANIZA4 TIONS.—Section 204 of the Depository Institution Man5 agement Interlocks Act (12 U.S.C. 3203) is amended—

6 (1) by striking ‘‘$1,000,000,000’’ and inserting

7 ‘‘$2,500,000,000’’;

8 (2) by striking ‘‘$500,000,000’’ and inserting

9 ‘‘$1,500,000,000’’; and

10 (3) by adding at the end the following: ‘‘In

11 order to allow for inflation or market changes, the

12 appropriate Federal depository institutions regu13 latory agencies may, by regulation, adjust, as nec14 essary, the amount of total assets required for de15 pository institutions or depository holding companies

16 under this section.’’.

17 (b) EXTENSION OF GRANDFATHER EXEMPTION.—

18 Section 206 of the Depository Institution Management

19 Interlocks Act (12 U.S.C. 3205) is amended—

20 (1) in subsection (a), by striking ‘‘for a period

21 of, subject to the requirements of subsection (c), 20

22 years after the date of enactment of this title’’;

23 (2) in subsection (b), by striking the second

24 sentence; and

25 (3) by striking subsection (c).
722

SJ 63 PCS

1 (c) RULES OR REGULATIONS.—Section 209 of the

2 Depository Institution Management Interlocks Act (12

3 U.S.C. 3207) is amended—

4 (1) in subsection (a)—

5 (A) by striking ‘‘(a) IN GENERAL.—Rules’’

6 and inserting ‘‘Rules’’;

7 (B) by inserting ‘‘, including rules or regu8 lations that permit service by a management of9 ficial that would otherwise be prohibited by sec10 tion 203 or section 204, if such service would

11 not result in a monopoly or substantial lessen12 ing of competition,’’ after ‘‘title’’;

13 (C) in paragraph (4)—

14 (i) by striking ‘‘Federal Home Loan

15 Bank Board’’ and inserting ‘‘Director of

16 the Office of Thrift Supervision’’; and

17 (ii) by striking ‘‘Savings and Loan’’

18 and inserting ‘‘Deposit’’; and

19 (2) by striking subsections (b) and (c).

20 SEC. 211. ELIMINATION OF RECORDKEEPING AND REPORT21 ING REQUIREMENTS FOR OFFICERS.

22 (a) EMPLOYEE BENEFIT PLANS.—Section 22(h)(2)

23 of the Federal Reserve Act (12 U.S.C. 375b(2)) is amend24 ed—
723

SJ 63 PCS

1 (1) by redesignating subparagraphs (A) through

2 (C) as clauses (i) through (iii), respectively, and in3 denting appropriately;

4 (2) by striking ‘‘(2) PREFERENTIAL TERMS

5 PROHIBITED.—’’ and inserting the following:

6 ‘‘(2) PREFERENTIAL TERMS PROHIBITED.—

7 ‘‘(A) IN GENERAL.—’’; and

8 (3) by adding at the end the following new sub9 paragraph:

10 ‘‘(B) EXCEPTION.—Nothing in this para11 graph shall prohibit any extension of credit

12 made pursuant to a benefit or compensation

13 program—

14 ‘‘(i) that is widely available to employ15 ees of the member bank; and

16 ‘‘(ii) that does not give preference to

17 any officer, director, or principal share18 holder of the member bank, or to any re19 lated interest of such person, over other

20 employees of the member bank.’’.

21 (b) EXCEPTION FOR EXTENSIONS OF CREDIT TO EX22 ECUTIVE OFFICERS AND DIRECTORS OF AFFILIATES.—

23 Section 22(h)(8)(B) of the Federal Reserve Act (12

24 U.S.C. 375b(8)(B)) is amended to read as follows:
724

SJ 63 PCS

1 ‘‘(B) EXCEPTION.—The Board may, by

2 regulation, make exceptions to subparagraph

3 (A) for any executive officer or director of a

4 subsidiary of a company that controls the mem5 ber bank if—

6 ‘‘(i) the executive officer or director

7 does not have authority to participate, and

8 does not participate, in major policymaking

9 functions of the member bank; and

10 ‘‘(ii) the assets of such subsidiary do

11 not exceed 10 percent of the consolidated

12 assets of a company that controls the

13 member bank and such subsidiary (and is

14 not controlled by any other company).’’.

15 SEC. 212. REPAYMENT OF TREASURY LOAN.

16 Section 1108 of the Federal Financial Institutions

17 Reform, Recovery, and Enforcement Act of 1989 (12

18 U.S.C. 3337) is amended by adding at the end the follow19 ing new subsection.—

20 ‘‘(c) REPAYMENT OF TREASURY LOAN.—Not later

21 than September 30, 1998, the Appraisal Subcommittee

22 shall repay to the Secretary of the Treasury the unpaid

23 portion of the $5,000,000 paid to the Appraisal Sub24 committee pursuant to this section.’’.
725

SJ 63 PCS

1 SEC. 213. BRANCH CLOSURES.

2 Section 42 of the Federal Deposit Insurance Act (12

3 U.S.C. 1831r–1) is amended by adding at the end the fol4 lowing new subsection:

5 ‘‘(e) SCOPE OF APPLICATION.—This section shall not

6 apply with respect to—

7 ‘‘(1) an automated teller machine;

8 ‘‘(2) the relocation of a branch or consolidation

9 of one or more branches into another branch, if the

10 relocation or consolidation—

11 ‘‘(A) occurs within the immediate neigh12 borhood; and

13 ‘‘(B) does not substantially affect the na14 ture of the business or customers served; or

15 ‘‘(3) a branch that is closed in connection

16 with—

17 ‘‘(A) an emergency acquisition under—

18 ‘‘(i) section 11(n); or

19 ‘‘(ii) subsection (f) or (k) of section

20 13; or

21 ‘‘(B) any assistance provided by the Cor22 poration under section 13(c).’’.

23 SEC. 214. FOREIGN BANKS.

24 (a) EXAMINATION OF BRANCHES AND AGENCIES BY

25 BOARD.—Section 7(c) of the International Banking Act

26 of 1978 (12 U.S.C. 3105(c)) is amended—
726

SJ 63 PCS

1 (1) by striking ‘‘(c)’’ and inserting the follow2 ing:

3 ‘‘(c) FOREIGN BANK EXAMINATIONS AND REPORT4 ING.—’’;

5 (2) in paragraph (1)(B), by adding at the end

6 the following new clause:

7 ‘‘(iii) AVOIDANCE OF DUPLICATION.—

8 In exercising its authority under this para9 graph, the Board shall take all reasonable

10 measures to reduce burden and avoid un11 necessary duplication of examinations.’’;

12 (3) by striking subparagraph (C) of paragraph

13 (1) and inserting the following:

14 ‘‘(C) ON-SITE EXAMINATION.—Each Fed15 eral branch or agency, and each State branch

16 or agency, of a foreign bank shall be subject to

17 on-site examination by an appropriate Federal

18 banking agency or State bank supervisor as fre19 quently as would a national bank or a State

20 bank, respectively, by the appropriate Federal

21 banking agency.’’; and

22 (4) in paragraph (1)(D), by inserting before the

23 period at the end the following: ‘‘, only to the same

24 extent that fees are collected by the Board for exam25 ination of any State member bank’’.
727

SJ 63 PCS

1 (b) ESTABLISHMENT OF FOREIGN BANK OFFICES IN

2 THE UNITED STATES.—Section 7(d) of the International

3 Banking Act of 1978 (12 U.S.C. 3105(d)) is amended—

4 (1) in paragraph (2), by striking ‘‘The Board’’

5 and inserting ‘‘Except as provided in paragraph (6),

6 the Board’’;

7 (2) in paragraph (5), by striking ‘‘Consistent

8 with the standards for approval in paragraph (2),

9 the’’; and inserting ‘‘The’’; and

10 (3) by adding at the end the following new

11 paragraphs:

12 ‘‘(6) EXCEPTION.—

13 ‘‘(A) IN GENERAL.—If the Board is unable

14 to find, under paragraph (2), that a foreign

15 bank is subject to comprehensive supervision or

16 regulation on a consolidated basis by the appro17 priate authorities in its home country, the

18 Board may nevertheless approve an application

19 by such foreign bank under paragraph (1) if—

20 ‘‘(i) the appropriate authorities in the

21 home country of the foreign bank are ac22 tively working to establish arrangements

23 for the consolidated supervision of such

24 bank; and
728

SJ 63 PCS

1 ‘‘(ii) all other factors are consistent

2 with approval.

3 ‘‘(B) OTHER CONSIDERATIONS.—In decid4 ing whether to use its discretion under subpara5 graph (A), the Board shall also consider wheth6 er the foreign bank has adopted and imple7 ments procedures to combat money laundering.

8 The Board may also take into account whether

9 the home country of the foreign bank is devel10 oping a legal regime to address money launder11 ing or is participating in multilateral efforts to

12 combat money laundering.

13 ‘‘(C) ADDITIONAL CONDITIONS.—In ap14 proving an application under this paragraph,

15 the Board, after requesting and taking into

16 consideration the views of the appropriate State

17 bank supervisor or the Comptroller of the Cur18 rency, as the case may be, may impose such

19 conditions or restrictions relating to the activi20 ties or business operations of the proposed

21 branch, agency, or commercial lending company

22 subsidiary, including restrictions on sources of

23 funding, as are considered appropriate. The

24 Board shall coordinate with the appropriate

25 State bank supervisor or the Comptroller of the
729

SJ 63 PCS

1 Currency, as appropriate, in the implementation

2 of such conditions or restrictions.

3 ‘‘(D) MODIFICATION OF CONDITIONS.—

4 Any condition or restriction imposed by the

5 Board in connection with the approval of an ap6 plication under authority of this paragraph may

7 be modified or withdrawn.

8 ‘‘(7) TIME PERIOD FOR BOARD ACTION.—

9 ‘‘(A) FINAL ACTION.—The Board shall

10 take final action on any application under para11 graph (1) not later than 180 days after receipt

12 of the application, except that the Board may

13 extend for an additional 180 days the period

14 within which to take final action on such appli15 cation after providing notice of, and the reasons

16 for, the extension to the applicant foreign bank

17 and any appropriate State bank supervisor or

18 the Comptroller of the Currency, as appro19 priate.

20 ‘‘(B) FAILURE TO SUBMIT INFORMA21 TION.—The Board may deny any application if

22 it does not receive information requested from

23 the applicant foreign bank or appropriate au24 thorities in the home country of the foreign

25 bank in sufficient time to permit the Board to
730

SJ 63 PCS

1 evaluate such information adequately within the

2 time periods for final action set forth in sub3 paragraph (A).

4 ‘‘(C) WAIVER.—A foreign bank may waive

5 the applicability of this paragraph with respect

6 to any application under paragraph (1).’’.

7 (c) TERMINATION OF FOREIGN BANK OFFICES IN

8 THE UNITED STATES.—Section 7(e)(1)(A) of the Inter9 national Banking Act of 1978 (12 U.S.C. 3105(e)(1)(A))

10 is amended—

11 (1) by inserting ‘‘(i)’’ after ‘‘(A)’’;

12 (2) by striking ‘‘or’’ at the end and inserting

13 ‘‘and’’; and

14 (3) by adding at the end the following new

15 clause:

16 ‘‘(ii) the appropriate authorities in the

17 home country of the foreign bank are not mak18 ing demonstrable progress in establishing ar19 rangements for the comprehensive supervision

20 or regulation of such foreign bank on a consoli21 dated basis; or’’.

22 SEC. 215. DISPOSITION OF FORECLOSED ASSETS.

23 Section 4(c)(2) of the Bank Holding Company Act

24 of 1956 (12 U.S.C. 1843(c)(2)) is amended—
731

SJ 63 PCS

1 (1) by striking ‘‘for not more than one year at

2 a time’’; and

3 (2) by striking ‘‘but no such extensions shall ex4 tend beyond a date five years’’ and inserting ‘‘and,

5 in the case of a bank holding company which has

6 not disposed of such shares within 5 years after the

7 date on which such shares were acquired, the Board

8 may, upon the application of such company, grant

9 additional exemptions if, in the judgment of the

10 Board, such extension would not be detrimental to

11 the public interest and, either the bank holding com12 pany has made a good faith attempt to dispose of

13 such shares during such 5-year period, or the dis14 posal of such shares during such 5-year period

15 would have been detrimental to the company, except

16 that the aggregate duration of such extensions shall

17 not extend beyond 10 years’’.

18 SEC. 216. EXEMPTION AUTHORITY FOR ANTITYING PROVI19 SION.

20 (a) FEDERAL RESERVE AUTHORITY.—Section

21 106(b)(1) of the Bank Holding Company Act Amend22 ments of 1970 (12 U.S.C. 1972(1)) is amended in the last

23 sentence, by inserting ‘‘and the prohibitions of section

24 4(f)(9) and 4(h)(2) of the Bank Holding Company Act

25 of 1956’’ after ‘‘prohibition’’.
732

SJ 63 PCS

1 (b) OTS AUTHORITY.—Section 5(q) of the Home

2 Owners’ Loan Act (12 U.S.C. 1464(q)) is amended by

3 adding at the end the following new paragraph:

4 ‘‘(6) EXCEPTIONS.—The Director may, by reg5 ulation or order, permit such exceptions to the pro6 hibitions of this subsection as the Director considers

7 will not be contrary to the purposes of this sub8 section and which conform to exceptions granted by

9 the Board of Governors of the Federal Reserve Sys10 tem pursuant to section 106(b) of the Bank Holding

11 Company Act Amendments of 1970.’’.

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

13 Section 24 of the Federal Deposit Insurance Act (12

14 U.S.C. 1831a) is amended—

15 (1) in subsection (a)—

16 (A) by redesignating paragraphs (1) and

17 (2) as subparagraphs (A) and (B), respectively,

18 and indenting appropriately;

19 (B) by striking ‘‘IN GENERAL.—’’ and in20 serting the following: ‘‘PERMISSIBLE ACTIVI21 TIES.—

22 ‘‘(1) IN GENERAL.—’’; and

23 (C) by adding at the end the following new

24 paragraph:

25 ‘‘(2) PROCESSING PERIOD.—
733

SJ 63 PCS

1 ‘‘(A) IN GENERAL.—The Corporation shall

2 make a determination under paragraph (1)(A)

3 not later than 60 days after receipt of a com4 pleted application that may be required under

5 this subsection.

6 ‘‘(B) EXTENSION OF TIME PERIOD.—The

7 Corporation may extend the 60-day period re8 ferred to in subparagraph (A) for not more

9 than 30 additional days, and shall notify the

10 applicant of any such extension.’’; and

11 (2) in subsection (d), by adding at the end the

12 following new paragraph:

13 ‘‘(3) PROCESSING PERIOD.—

14 ‘‘(A) IN GENERAL.—The Corporation shall

15 make a determination under paragraph (1)(A)

16 not later than 60 days after receipt of a com17 pleted application that may be required under

18 this subsection.

19 ‘‘(B) EXTENSION OF TIME PERIOD.—The

20 Corporation may extend the 60-day period re21 ferred to in subparagraph (A) for not more

22 than 30 additional days, and shall notify the

23 applicant of any such extension.’’.
734

SJ 63 PCS

1 Subtitle B—Eliminating

2 Unnecessary Regulatory Burdens

3 SEC. 221. SMALL BANK EXAMINATION CYCLE.

4 Section 10(d) of the Federal Deposit Insurance Act

5 (12 U.S.C. 1820(d)) is amended—

6 (1) by redesignating the second paragraph des7 ignated as paragraph (8) as paragraph (10), and by

8 inserting that paragraph, as redesignated, imme9 diately after paragraph (9); and

10 (2) in paragraph (10), as redesignated, by

11 striking ‘‘$175,000,000’’ and inserting

12 ‘‘$250,000,000’’.

13 SEC. 222. REQUIRED REVIEW OF REGULATIONS.

14 (a) IN GENERAL.—Not less frequently than once

15 every 10 years, the Council and each appropriate Federal

16 banking agency represented on the Council shall conduct

17 a review of all regulations promulgated by the Council or

18 by any such appropriate Federal banking agency, respec19 tively, in order to identify outdated or otherwise unneces20 sary regulatory requirements imposed on insured deposi21 tory institutions.

22 (b) PROCESS.—In conducting the review under sub23 section (a), the Council or the appropriate Federal bank24 ing agency shall—
735

SJ 63 PCS

1 (1) categorize the regulations described in sub2 section (a) by type (such as consumer regulations,

3 safety and soundness regulations, or such other des4 ignations as determined by the Council, or the ap5 propriate Federal banking agency); and

6 (2) at regular intervals, provide notice and so7 licit public comment on a particular category or cat8 egories of regulations, requesting commentators to

9 identify areas of the regulations that are outdated,

10 unnecessary, or unduly burdensome.

11 (c) COMPLETE REVIEW.—The Council or the appro12 priate Federal banking agency shall ensure that the notice

13 and comment period described in subsection (b)(2) is con14 ducted with respect to all regulations described in sub15 section (a) not less frequently than once every 10 years.

16 (d) REGULATORY RESPONSE.—The Council or the

17 appropriate Federal banking agency shall—

18 (1) publish in the Federal Register a summary

19 of the comments received under this section, identi20 fying significant issues raised and providing com21 ment on such issues; and

22 (2) eliminate unnecessary regulations to the ex23 tent that such action is appropriate.
736

SJ 63 PCS

1 (e) REPORT TO CONGRESS.—Not later than 30 days

2 after carrying out subsection (d)(1), the Council shall sub3 mit to the Congress a report, which shall include—

4 (1) a summary of any significant issues raised

5 by public comments received by the Council and the

6 appropriate Federal banking agencies under this sec7 tion and the relative merits of such issues; and

8 (2) an analysis of whether the appropriate Fed9 eral banking agency involved is able to address the

10 regulatory burdens associated with such issues by

11 regulation, or whether such burdens must be ad12 dressed by legislative action.

13 SEC. 223. REPEAL OF IDENTIFICATION OF NONBANK FI14 NANCIAL INSTITUTION CUSTOMERS.

15 Subchapter II of chapter 53 of title 31, United States

16 Code, is amended—

17 (1) by striking section 5327;

18 (2) in the chapter analysis, by striking the item

19 relating to section 5327; and

20 (3) in section 5321(a), by striking paragraph

21 (7).
737

SJ 63 PCS

1 SEC. 224. REPEAL OF CERTAIN REPORTING REQUIRE2 MENTS.

3 (a) FDIA.—Section 477 of the Federal Deposit In4 surance Corporation Improvement Act of 1991 (12 U.S.C.

5 251) is repealed.

6 (b) FIRREA.—Section 918 of the Financial Institu7 tions Reform, Recovery, and Enforcement Act of 1989 (12

8 U.S.C. 1833 note) is repealed.

9 (c) ILS.—Section 913 of the International Lending

10 Supervision Act of 1983 (12 U.S.C. 3912) is repealed.

11 SEC. 225. INCREASE IN HOME MORTGAGE DISCLOSURE EX12 EMPTION THRESHOLD.

13 (a) IN GENERAL.—Section 309 of the Home Mort14 gage Disclosure Act of 1975 (12 U.S.C. 2808) is amended

15 in the second sentence, by striking ‘‘$10,000,000’’ and in16 serting ‘‘$50,000,000’’.

17 (b) OPPORTUNITY TO REDUCE COMPLIANCE BUR18 DEN.—Section 304 of the Home Mortgage Disclosure Act

19 of 1975 (12 U.S.C. 2803) is amended by adding at the

20 end the following new subsection:

21 ‘‘(m) OPPORTUNITY TO REDUCE COMPLIANCE BUR22 DEN.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) SATISFACTION OF PUBLIC AVAILABIL25 ITY REQUIREMENTS.—A depository institution

26 shall be deemed to have satisfied the public
738

SJ 63 PCS

1 availability requirements of subsection (a) if the

2 institution compiles the information required

3 under that subsection at the home office of the

4 institution and provides notice at the branch lo5 cations specified in subsection (a) that such in6 formation is available from the home office of

7 the institution upon written request.

8 ‘‘(B) PROVISION OF INFORMATION UPON

9 REQUEST.—Not later than 15 days after the re10 ceipt of a written request for any information

11 required to be compiled under subsection (a),

12 the home office of the depository institution re13 ceiving the request shall provide the information

14 pertinent to the location of the branch in ques15 tion to the person requesting the information.

16 ‘‘(2) FORM OF INFORMATION.—In complying

17 with paragraph (1), a depository institution shall, in

18 the sole discretion of the institution, provide the per19 son requesting the information with—

20 ‘‘(A) a paper copy of the information re21 quested; or

22 ‘‘(B) if acceptable to the person, the infor23 mation through a form of electronic medium,

24 such as a computer disk.’’.
739

SJ 63 PCS

1 SEC. 226. ELIMINATION OF STOCK LOAN REPORTING RE2 QUIREMENT.

3 Section 7(j) of the Federal Deposit Insurance Act (12

4 U.S.C. 1817(j)) is amended—

5 (1) in paragraph (9)(A)—

6 (A) by striking ‘‘financial institution and

7 any affiliate of any financial institution’’ and

8 inserting ‘‘foreign bank, or any affiliate there9 of,’’; and

10 (B) by striking ‘‘by the financial institu11 tion and such institution’s affiliates’’ and in12 serting ‘‘by the foreign bank or any affiliate

13 thereof’’;

14 (2) in paragraph (9)(B)—

15 (A) by striking ‘‘paragraph—’’ and insert16 ing ‘‘paragraph, the following definitions shall

17 apply:’’;

18 (B) by striking clause (i) and inserting the

19 following:

20 ‘‘(i) FOREIGN BANK.—The terms ‘for21 eign bank’ and ‘affiliate’ have the same

22 meanings as in section 1 of the Inter23 national Banking Act of 1978.’’; and

24 (C) in clause (iii), by striking ‘‘financial in25 stitution’’ and inserting ‘‘foreign bank or any

26 affiliate thereof’’;
740

SJ 63 PCS

1 (3) in paragraph (9)(C)—

2 (A) by striking ‘‘financial institution or

3 any of its affiliates’’ and inserting ‘‘foreign

4 bank or any affiliate thereof’’; and

5 (B) by striking ‘‘financial institution or its

6 affiliates’’ and inserting ‘‘foreign bank or any

7 affiliate thereof’’;

8 (4) in paragraph (9)(D)—

9 (A) in clause (i)—

10 (i) by striking ‘‘the financial institu11 tion and all affiliates of the institution’’

12 and inserting ‘‘the foreign bank and all af13 filiates thereof’’; and

14 (ii) by striking ‘‘financial institution

15 or any such affiliate’’ and inserting ‘‘for16 eign bank or affiliate thereof’’;

17 (B) in clause (ii), by striking ‘‘financial in18 stitution and any affiliate of such institution’’

19 and inserting ‘‘foreign bank and any affiliate

20 thereof’’; and

21 (C) in clause (iii), by striking ‘‘financial in22 stitution’’ and inserting ‘‘foreign bank or any

23 affiliate thereof’’; and

24 (5) in paragraph (9)(E)—

25 (A) in clause (i)—
741

SJ 63 PCS

1 (i) by striking ‘‘a financial institution

2 and the affiliates of such institution’’ and

3 inserting ‘‘a foreign bank or any affiliate

4 thereof’’; and

5 (ii) by striking ‘‘institution or affili6 ate’’ each place such term appears and in7 serting ‘‘foreign bank or any affiliate

8 thereof’’; and

9 (B) in clause (ii), by striking ‘‘financial in10 stitution and any affiliate of such institution’’

11 and inserting ‘‘foreign bank and any affiliate

12 thereof’’.

13 SEC. 227. CREDIT AVAILABILITY ASSESSMENT.

14 (a) STUDY.—

15 (1) IN GENERAL.—Not later than 12 months

16 after the date of enactment of this Act, and once

17 every 60 months thereafter, the Board, in consulta18 tion with the Director of the Office of Thrift Super19 vision, the Comptroller of the Currency, the Board

20 of Directors of the Corporation, the Administrator of

21 the National Credit Union Administration, the Ad22 ministrator of the Small Business Administration,

23 and the Secretary of Commerce, shall conduct a

24 study and submit a report to the Congress detailing

25 the extent of small business lending by all creditors.
742

SJ 63 PCS

1 (2) CONTENTS OF STUDY.—The study required

2 under paragraph (1) shall identify, to the extent

3 practicable, those factors which provide policymakers

4 with insights into the small business credit market,

5 including—

6 (A) the demand for small business credit,

7 including consideration of the impact of eco8 nomic cycles on the levels of such demand;

9 (B) the availability of credit to small busi10 nesses;

11 (C) the range of credit options available to

12 small businesses, such as those available from

13 insured depository institutions and other pro14 viders of credit;

15 (D) the types of credit products used to fi16 nance small business operations, including the

17 use of traditional loans, leases, lines of credit,

18 home equity loans, credit cards, and other

19 sources of financing;

20 (E) the credit needs of small businesses,

21 including, if appropriate, the extent to which

22 such needs differ, based upon product type, size

23 of business, cash flow requirements, character24 istics of ownership or investors, or other aspects

25 of such business;
743

SJ 63 PCS

1 (F) the types of risks to creditors in pro2 viding credit to small businesses; and

3 (G) such other factors as the Board deems

4 appropriate.

5 (b) USE OF EXISTING DATA.—The studies required

6 by this section shall not increase the regulatory or paper7 work burden on regulated financial institutions, other

8 sources of small business credit, or small businesses.

9 Subtitle C—Regulatory

10 Micromanagement

11 SEC. 241. NATIONAL BANK DIRECTORS.

12 Section 5146 of the Revised Statutes (12 U.S.C. 72)

13 is amended in the first sentence, by striking ‘‘except’’ and

14 all that follows through the end of the sentence and insert15 ing the following: ‘‘except that the Comptroller may, in

16 the discretion of the Comptroller, waive the requirement

17 of residency.’’.

18 SEC. 242. PAPERWORK REDUCTION REVIEW.

19 Section 303(a) of the Riegle Community Develop20 ment and Regulatory Improvement Act of 1994 (12

21 U.S.C. 4803(a)) is amended—

22 (1) by redesignating paragraphs (2) and (3) as

23 paragraphs (3) and (4), respectively; and

24 (2) by inserting after paragraph (1) the follow25 ing new paragraph:
744

SJ 63 PCS

1 ‘‘(2) review the extent to which existing regula2 tions require insured depository institutions and in3 sured credit unions to produce unnecessary internal

4 written policies and eliminate such requirements,

5 where appropriate;’’.

6 SEC. 243. STATE BANK REPRESENTATION ON BOARD OF DI7 RECTORS OF THE FDIC.

8 Section 2(a)(1)(C) of the Federal Deposit Insurance

9 Act (12 U.S.C. 1812(a)(1)(C)) is amended by inserting

10 before the period ‘‘, 1 of whom shall have State bank su11 pervisory experience’’.

12 SEC. 244. CONSULTATION AMONG EXAMINERS.

13 Section 10 of the Federal Deposit Insurance Act (12

14 U.S.C. 1820) is amended by adding at the end the follow15 ing new subsection:

16 ‘‘(j) CONSULTATION AMONG EXAMINERS.—

17 ‘‘(1) IN GENERAL.—Each appropriate Federal

18 banking agency shall take such action as may be

19 necessary to ensure that examiners employed by the

20 agency—

21 ‘‘(A) consult on examination activities with

22 respect to any depository institution; and

23 ‘‘(B) achieve an agreement and resolve any

24 inconsistencies in the recommendations to be
745

SJ 63 PCS

1 given to such institution as a consequence of

2 any examinations.

3 ‘‘(2) EXAMINER-IN-CHARGE.—Each appropriate

4 Federal banking agency shall consider appointing an

5 examiner-in-charge with respect to a depository in6 stitution to ensure consultation on examination ac7 tivities among all of the examiners of that agency in8 volved in examinations of the institution.’’.

9 TITLE III—REGULATORY IMPACT

10 ON COST OF CREDIT AND

11 CREDIT AVAILABILITY

12 SEC. 301. AUDIT COSTS.

13 (a) AUDITOR ATTESTATIONS.—Section 36 of the

14 Federal Deposit Insurance Act (12 U.S.C. 1831m) is

15 amended by striking subsection (e) and inserting the fol16 lowing:

17 ‘‘(e) [Reserved.]’’.

18 (b) INDEPENDENT AUDIT COMMITTEES.—Section

19 36(g)(1) of the Federal Deposit Insurance Act (12 U.S.C.

20 1831m(g)(1)) is amended—

21 (1) in subparagraph (A), by inserting ‘‘, except

22 as provided in subparagraph (D)’’ after ‘‘manage23 ment of the institution’’; and

24 (2) by adding at the end the following new sub25 paragraph:
746

SJ 63 PCS

1 ‘‘(D) EXEMPTION AUTHORITY.—

2 ‘‘(i) IN GENERAL.—An appropriate

3 Federal banking agency may, by order or

4 regulation, permit the independent audit

5 committee of an insured depository institu6 tion to be made up of less than all, but no

7 fewer than a majority of, outside directors,

8 if the agency determines that the institu9 tion has encountered hardships in retain10 ing and recruiting a sufficient number of

11 competent outside directors to serve on the

12 internal audit committee of the institution.

13 ‘‘(ii) FACTORS TO BE CONSIDERED.—

14 In determining whether an insured deposi15 tory institution has encountered hardships

16 referred to in clause (i), the appropriate

17 Federal banking agency shall consider fac18 tors such as the size of the institution, and

19 whether the institution has made a good

20 faith effort to elect or name additional

21 competent outside directors to the board of

22 directors of the institution who may serve

23 on the internal audit committee.’’.

24 (c) PUBLIC AVAILABILITY.—Section 36(a)(3) of the

25 Federal Deposit Insurance Act (12 U.S.C. 1831m(a)(3))
747

SJ 63 PCS

1 is amended by adding at the end the following: ‘‘Notwith2 standing the preceding sentence, the Corporation and the

3 appropriate Federal banking agencies may designate cer4 tain information as privileged and confidential and not

5 available to the public.’’.

6 SEC. 302. INCENTIVES FOR SELF-TESTING.

7 (a) EQUAL CREDIT OPPORTUNITY.—

8 (1) IN GENERAL.—The Equal Credit Oppor9 tunity Act (15 U.S.C. 1691 et seq.) is amended by

10 inserting after section 704 the following new section:

11 ‘‘SEC. 704A. INCENTIVES FOR SELF-TESTING AND SELF12 CORRECTION.

13 ‘‘(a) PRIVILEGED INFORMATION.—

14 ‘‘(1) CONDITIONS FOR PRIVILEGE.—A report or

15 result of a self-test (as that term is defined by regu16 lations of the Board) shall be considered to be privi17 leged under paragraph (2) if a creditor—

18 ‘‘(A) conducts, or authorizes an independ19 ent third party to conduct, a self-test of any as20 pect of a credit transaction by a creditor, in

21 order to determine the level or effectiveness of

22 compliance with this title by the creditor; and

23 ‘‘(B) has identified any possible violation

24 of this title by the creditor and has taken, or
748

SJ 63 PCS

1 is taking, appropriate corrective action to ad2 dress any such possible violation.

3 ‘‘(2) PRIVILEGED SELF-TEST.—If a creditor

4 meets the conditions specified in subparagraphs (A)

5 and (B) of paragraph (1) with respect to a self-test

6 described in that paragraph, any report or results of

7 that self-test—

8 ‘‘(A) shall be privileged; and

9 ‘‘(B) may not be obtained or used by any

10 applicant, department, or agency in any—

11 ‘‘(i) proceeding or civil action in which

12 one or more violations of this title are al13 leged; or

14 ‘‘(ii) examination or investigation re15 lating to compliance with this title.

16 ‘‘(b) RESULTS OF SELF-TESTING.—

17 ‘‘(1) IN GENERAL.—No provision of this section

18 may be construed to prevent an applicant, depart19 ment, or agency from obtaining or using a report or

20 results of any self-test in any proceeding or civil ac21 tion in which a violation of this title is alleged, or

22 in any examination or investigation of compliance

23 with this title if—

24 ‘‘(A) the creditor or any person with lawful

25 access to the report or results—
749

SJ 63 PCS

1 ‘‘(i) voluntarily releases or discloses

2 all, or any part of, the report or results to

3 the applicant, department, or agency, or to

4 the general public; or

5 ‘‘(ii) refers to or describes the report

6 or results as a defense to charges of viola7 tions of this title against the creditor to

8 whom the self-test relates; or

9 ‘‘(B) the report or results are sought in

10 conjunction with an adjudication or admission

11 of a violation of this title for the sole purpose

12 of determining an appropriate penalty or rem13 edy.

14 ‘‘(2) DISCLOSURE FOR DETERMINATION OF

15 PENALTY OR REMEDY.—Any report or results of a

16 self-test that are disclosed for the purpose specified

17 in paragraph (1)(B)—

18 ‘‘(A) shall be used only for the particular

19 proceeding in which the adjudication or admis20 sion referred to in paragraph (1)(B) is made;

21 and

22 ‘‘(B) may not be used in any other action

23 or proceeding.

24 ‘‘(c) ADJUDICATION.—An applicant, department, or

25 agency that challenges a privilege asserted under this sec-
750

SJ 63 PCS

1 tion may seek a determination of the existence and appli2 cation of that privilege in—

3 ‘‘(1) a court of competent jurisdiction; or

4 ‘‘(2) an administrative law proceeding with ap5 propriate jurisdiction.’’.

6 (2) REGULATIONS.—

7 (A) IN GENERAL.—Not later than 6

8 months after the date of enactment of this Act,

9 in consultation with the Secretary of Housing

10 and Urban Development and the agencies re11 ferred to in section 704 of the Equal Credit Op12 portunity Act, and after providing notice and

13 an opportunity for public comment, the Board

14 shall promulgate final regulations to implement

15 section 704A of the Equal Credit Opportunity

16 Act, as added by this section.

17 (B) SELF-TEST.—

18 (i) DEFINITION.—The regulations

19 promulgated under subparagraph (A) shall

20 include a definition of the term ‘‘self-test’’

21 for purposes of section 704A of the Equal

22 Credit Opportunity Act, as added by this

23 section.

24 (ii) REQUIREMENT FOR SELF-TEST.—

25 The regulations promulgated under sub-
751

SJ 63 PCS

1 paragraph (A) shall specify that a self-test

2 shall be sufficiently extensive to constitute

3 a determination of the level and effective4 ness of compliance by a creditor with the

5 Equal Credit Opportunity Act.

6 (iii) SUBSTANTIAL SIMILARITY TO

7 CERTAIN FAIR HOUSING ACT REGULA8 TIONS.—The regulations promulgated

9 under subparagraph (A) shall be substan10 tially similar to the regulations promul11 gated by the Secretary of Housing and

12 Urban Development to carry out section

13 814A(d) of the Fair Housing Act, as

14 added by this section.

15 (3) CLERICAL AMENDMENT.—The table of sec16 tions for title VII of the Consumer Credit Protection

17 Act is amended by inserting after the item relating

18 to section 704 the following new item:

‘‘704A. Incentives for self-testing and self-correction.’’.

19 (b) FAIR HOUSING.—

20 (1) IN GENERAL.—The Fair Housing Act (42

21 U.S.C. 3601 et seq.) is amended by inserting after

22 section 814 the following new section:

23 ‘‘SEC. 814A. INCENTIVES FOR SELF-TESTING AND SELF24 CORRECTION.

25 ‘‘(a) PRIVILEGED INFORMATION.—
752

SJ 63 PCS

1 ‘‘(1) CONDITIONS FOR PRIVILEGE.—A report or

2 result of a self-test (as that term is defined by regu3 lation of the Secretary) shall be considered to be

4 privileged under paragraph (2) if any person—

5 ‘‘(A) conducts, or authorizes an independ6 ent third party to conduct, a self-test of any as7 pect of a residential real estate related lending

8 transaction of that person, or any part of that

9 transaction, in order to determine the level or

10 effectiveness of compliance with this title by

11 that person; and

12 ‘‘(B) has identified any possible violation

13 of this title by that person and has taken, or is

14 taking, appropriate corrective action to address

15 any such possible violation.

16 ‘‘(2) PRIVILEGED SELF-TEST.—If a person

17 meets the conditions specified in subparagraphs (A)

18 and (B) of paragraph (1) with respect to a self-test

19 described in that paragraph, any report or results of

20 that self-test—

21 ‘‘(A) shall be privileged; and

22 ‘‘(B) may not be obtained or used by any

23 applicant, department, or agency in any—
753

SJ 63 PCS

1 ‘‘(i) proceeding or civil action in which

2 one or more violations of this title are al3 leged; or

4 ‘‘(ii) examination or investigation re5 lating to compliance with this title.

6 ‘‘(b) RESULTS OF SELF-TESTING.—

7 ‘‘(1) IN GENERAL.—No provision of this section

8 may be construed to prevent an aggrieved person,

9 complainant, department, or agency from obtaining

10 or using a report or results of any self-test in any

11 proceeding or civil action in which a violation of this

12 title is alleged, or in any examination or investiga13 tion of compliance with this title if—

14 ‘‘(A) the person to whom the self-test re15 lates or any person with lawful access to the re16 port or the results—

17 ‘‘(i) voluntarily releases or discloses

18 all, or any part of, the report or results to

19 the aggrieved person, complainant, depart20 ment, or agency, or to the general public;

21 or

22 ‘‘(ii) refers to or describes the report

23 or results as a defense to charges of viola24 tions of this title against the person to

25 whom the self-test relates; or
754

SJ 63 PCS

1 ‘‘(B) the report or results are sought in

2 conjunction with an adjudication or admission

3 of a violation of this title for the sole purpose

4 of determining an appropriate penalty or rem5 edy.

6 ‘‘(2) DISCLOSURE FOR DETERMINATION OF

7 PENALTY OR REMEDY.—Any report or results of a

8 self-test that are disclosed for the purpose specified

9 in paragraph (1)(B)—

10 ‘‘(A) shall be used only for the particular

11 proceeding in which the adjudication or admis12 sion referred to in paragraph (1)(B) is made;

13 and

14 ‘‘(B) may not be used in any other action

15 or proceeding.

16 ‘‘(c) ADJUDICATION.—An aggrieved person, com17 plainant, department, or agency that challenges a privilege

18 asserted under this section may seek a determination of

19 the existence and application of that privilege in—

20 ‘‘(1) a court of competent jurisdiction; or

21 ‘‘(2) an administrative law proceeding with ap22 propriate jurisdiction.’’.

23 (2) REGULATIONS.—

24 (A) IN GENERAL.—Not later than 6

25 months after the date of enactment of this Act,
755

SJ 63 PCS

1 in consultation with the Board and after provid2 ing notice and an opportunity for public com3 ment, the Secretary of Housing and Urban De4 velopment shall promulgate final regulations to

5 implement section 814A of the Fair Housing

6 Act, as added by this section.

7 (B) SELF-TEST.—

8 (i) DEFINITION.—The regulations

9 promulgated by the Secretary under sub10 paragraph (A) shall include a definition of

11 the term ‘‘self-test’’ for purposes of section

12 814A of the Fair Housing Act, as added

13 by this section.

14 (ii) REQUIREMENT FOR SELF-TEST.—

15 The regulations promulgated by the Sec16 retary under subparagraph (A) shall speci17 fy that a self-test shall be sufficiently ex18 tensive to constitute a determination of the

19 level and effectiveness of the compliance by

20 a person engaged in residential real estate

21 related lending activities with the Fair

22 Housing Act.

23 (iii) SUBSTANTIAL SIMILARITY TO

24 CERTAIN EQUAL CREDIT OPPORTUNITY

25 ACT REGULATIONS.—The regulations pro-
756

SJ 63 PCS

1 mulgated under subparagraph (A) shall be

2 substantially similar to the regulations pro3 mulgated by the Board to carry out section

4 704A of the Equal Credit Opportunity Act,

5 as added by this section.

6 (c) APPLICABILITY.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the privilege provided for in section 704A

9 of the Equal Credit Opportunity Act or section

10 814A of the Fair Housing Act (as those sections are

11 added by this section) shall apply to a self-test (as

12 that term is defined pursuant to the regulations pro13 mulgated under subsection (a)(2) or (b)(2) of this

14 section, as appropriate) conducted before, on, or

15 after the effective date of the regulations promul16 gated under subsection (a)(2) or (b)(2), as appro17 priate.

18 (2) EXCEPTION.—The privilege referred to in

19 paragraph (1) does not apply to such a self-test con20 ducted prior to the effective date of the regulations

21 promulgated under subsection (a) or (b), as appro22 priate, if—

23 (A) before that effective date, a complaint

24 against the creditor or person engaged in resi-
757

SJ 63 PCS

1 dential real estate related lending activities (as

2 the case may be) was—

3 (i) formally filed in any court of com4 petent jurisdiction; or

5 (ii) the subject of an ongoing adminis6 trative law proceeding;

7 (B) in the case of section 704A of the

8 Equal Credit Opportunity Act, the creditor has

9 waived the privilege pursuant to subsection

10 (b)(1)(A)(i) of that section; or

11 (C) in the case of section 814A of the Fair

12 Housing Act, the person engaged in residential

13 real estate related lending activities has waived

14 the privilege pursuant to subsection (b)(1)(A)(i)

15 of that section.

16 SEC. 303. QUALIFIED THRIFT INVESTMENT AMENDMENTS.

17 (a) CREDIT CARDS.—Section 5(b) of the Home Own18 ers’ Loan Act (12 U.S.C. 1464(b)) is amended—

19 (1) by striking paragraph (4); and

20 (2) by redesignating paragraph (5) as para21 graph (4).

22 (b) LOANS OR INVESTMENTS WITHOUT PERCENTAGE

23 OF ASSETS LIMITATION.—Section 5(c)(1) of the Home

24 Owners’ Loan Act (12 U.S.C. 1464(c)(1)) is amended by

25 adding at the end the following new subparagraphs:
758

SJ 63 PCS

1 ‘‘(T) CREDIT CARD LOANS.—Loans made

2 through credit cards or credit card accounts.

3 ‘‘(U) EDUCATIONAL LOANS.—Loans made

4 for the payment of educational expenses.’’.

5 (c) COMMERCIAL AND OTHER LOANS.—Section

6 5(c)(2)(A) of the Home Owners’ Loan Act (12 U.S.C.

7 1464(c)(2)(A)) is amended to read as follows:

8 ‘‘(A) COMMERCIAL AND OTHER LOANS.—

9 Secured or unsecured loans for commercial, cor10 porate, business, or agricultural purposes. The

11 aggregate amount of loans made under this

12 subparagraph may not exceed 20 percent of the

13 total assets of the Federal savings association,

14 and amounts in excess of 10 percent of such

15 total assets may be used under this subpara16 graph only for small business loans, as that

17 term is defined by the Director.’’.

18 (d) LOANS OR INVESTMENTS LIMITED TO 5 PER19 CENT OF ASSETS.—Section 5(c)(3) of the Home Owners’

20 Loan Act (12 U.S.C. 1464(c)(3)) is amended—

21 (1) by striking subparagraph (A); and

22 (2) by redesignating subparagraphs (B), (C),

23 and (D) as subparagraphs (A), (B), and (C), respec24 tively.
759

SJ 63 PCS

1 (e) QUALIFIED THRIFT LENDER TEST.—Section

2 10(m)(1) of the Home Owners’ Loan Act (12 U.S.C.

3 1467a(m)(1)) is amended—

4 (1) by redesignating subparagraph (B) as

5 clause (ii);

6 (2) in subparagraph (A), by striking ‘‘(A) the

7 savings’’ and inserting ‘‘(B)(i) the savings’’; and

8 (3) by inserting after ‘‘if—’’ the following new

9 subparagraph:

10 ‘‘(A) the savings association qualifies as a

11 domestic building and loan association, as such

12 term is defined in section 7701(a)(19) of the

13 Internal Revenue Code of 1986; or’’.

14 (f) BRANCHING.—Section 5(r) of the Home Owners’

15 Loan Act (12 U.S.C. 1464(r)) is amended—

16 (1) in paragraph (1)—

17 (A) in the first sentence—

18 (i) by inserting before the period ‘‘, or

19 qualifies as a qualified thrift lender, as de20 termined under section 10(m) of this Act’’;

21 and

22 (ii) by striking ‘‘(c)’’ and inserting

23 ‘‘(C)’’; and

24 (B) in the second sentence, by inserting

25 before the period ‘‘or as a qualified thrift lend-
760

SJ 63 PCS

1 er, as determined under section 10(m) of this

2 Act, as applicable’’; and

3 (2) in paragraph (2), by striking subparagraph

4 (C) and inserting the following:

5 ‘‘(C) the law of the State where the branch is

6 located, or is to be located, would permit establish7 ment of the branch if the association was a savings

8 association or savings bank chartered by the State

9 in which its home office is located; or’’.

10 (g) DEFINITION.—Section 10(m)(4) of the Home

11 Owners’ Loan Act (12 U.S.C. 1467a(m)(4)) is amended—

12 (1) by striking ‘‘subsection—’’ and inserting

13 ‘‘subsection, the following definitions shall apply:’’;

14 (2) in subparagraph (C)—

15 (A) in clause (ii), by adding at the end the

16 following new subclause:

17 ‘‘(VII) Loans for educational

18 purposes, loans to small businesses,

19 and loans made through credit cards

20 or credit card accounts.’’; and

21 (B) in clause (iii), by striking subclause

22 (VI) and inserting the following:

23 ‘‘(VI) Loans for personal, family,

24 or household purposes (other than

25 loans for personal, family, or house-
761

SJ 63 PCS

1 hold purposes described in clause

2 (ii)(VII)).’’; and

3 (3) by adding at the end the following new sub4 paragraphs:

5 ‘‘(D) CREDIT CARD.—The Director shall

6 issue such regulations as may be necessary to

7 define the term ‘credit card’.

8 ‘‘(E) SMALL BUSINESS.—The Director

9 shall issue such regulations as may be necessary

10 to define the term ‘small business’.’’.

11 SEC. 304. LIMITED PURPOSE BANKS.

12 (a) GROWTH CAP RELIEF.—Section 4(f)(3)(B) of the

13 Bank Holding Company Act of 1956 (12 U.S.C.

14 1843(f)(3)(B)) is amended—

15 (1) in clause (ii), by adding ‘‘or’’ at the end;

16 (2) in clause (iii), by striking ‘‘; or’’ at the end

17 and inserting a period; and

18 (3) by striking clause (iv).

19 (b) LIMITED PURPOSE BANK EXCEPTION.—Section

20 2(c)(2)(F) of the Bank Holding Company Act of 1956 (12

21 U.S.C. 1841(c)(2)(F)) is amended by inserting ‘‘, includ22 ing an institution that accepts collateral for extensions of

23 credit by holding deposits under $100,000, and by other

24 means’’ after ‘‘An institution’’.
762

SJ 63 PCS

1 SEC. 305. AMENDMENT TO FAIR DEBT COLLECTION PRAC2 TICES ACT.

3 (a) IN GENERAL.—Section 807(11) of the Fair Debt

4 Collection Practices Act (15 U.S.C. 1692e(11)) is amend5 ed to read as follows:

6 ‘‘(11) The failure to disclose in the initial writ7 ten communication with the consumer and, in addi8 tion, if the initial communication with the consumer

9 is oral, in that initial oral communication, that the

10 debt collector is attempting to collect a debt and

11 that any information obtained will be used for that

12 purpose, and the failure to disclose in subsequent

13 communications that the communication is from a

14 debt collector, except that this paragraph does not

15 apply to a formal pleading made in connection with

16 a legal action.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall take effect 90 days after the date of

19 enactment of this Act and shall apply to all communica20 tions made after that date of enactment.

21 SEC. 306. INCREASE IN CERTAIN CREDIT UNION LOAN

22 CEILINGS.

23 Section 107(5)(A) of the Federal Credit Union Act

24 (12 U.S.C. 1757(5)(A)) is amended—

25 (1) in clause (iv), by striking ‘‘$10,000’’ and in26 serting ‘‘$20,000’’; and
763

SJ 63 PCS

1 (2) in clause (v), by striking ‘‘$10,000’’ and in2 serting ‘‘$20,000’’.

3 SEC. 307. BANK INVESTMENTS IN EDGE ACT AND AGREE4 MENT CORPORATIONS.

5 The 10th undesignated paragraph of section 25A of

6 the Federal Reserve Act (12 U.S.C. 618) is amended by

7 striking the last sentence and inserting the following:

8 ‘‘Any national bank may invest in the stock of any cor9 poration organized under this section. The aggregate

10 amount of stock held by any national bank in all corpora11 tions engaged in business of the kind described in this sec12 tion or section 25 shall not exceed an amount equal to

13 10 percent of the capital and surplus of such bank unless

14 the Board determines that the investment of an additional

15 amount by the bank would not be unsafe or unsound and,

16 in any case, shall not exceed an amount equal to 20 per17 cent of the capital and surplus of such bank.’’.

18 TITLE IV—CONSUMER CREDIT

19 Subtitle A—Credit Reporting

20 Reform

21 SEC. 401. SHORT TITLE.

22 This subtitle may be cited as the ‘‘Consumer Credit

23 Reporting Reform Act of 1996’’.
764

SJ 63 PCS

1 SEC. 402. DEFINITIONS.

2 (a) ADVERSE ACTION.—Section 603 of the Fair

3 Credit Reporting Act (15 U.S.C. 1681a) is amended by

4 adding at the end the following new subsection:

5 ‘‘(k) ADVERSE ACTION.—

6 ‘‘(1) ACTIONS INCLUDED.—The term ‘adverse

7 action’—

8 ‘‘(A) has the same meaning as in section

9 701(d)(6) of the Equal Credit Opportunity Act;

10 and

11 ‘‘(B) means—

12 ‘‘(i) a denial or cancellation of, an in13 crease in any charge for, or a reduction or

14 other adverse or unfavorable change in the

15 terms of coverage or amount of, any insur16 ance, existing or applied for, in connection

17 with the underwriting of insurance;

18 ‘‘(ii) a denial of employment or any

19 other decision for employment purposes

20 that adversely affects any current or pro21 spective employee;

22 ‘‘(iii) a denial or cancellation of, an

23 increase in any charge for, or any other

24 adverse or unfavorable change in the terms

25 of, any license or benefit described in sec26 tion 604(a)(3)(D); and
765

SJ 63 PCS

1 ‘‘(iv) an action taken or determination

2 that is—

3 ‘‘(I) made in connection with an

4 application that was made by, or a

5 transaction that was initiated by, any

6 consumer, or in connection with a re7 view of an account under section

8 604(a)(3)(F)(ii); and

9 ‘‘(II) adverse to the interests of

10 the consumer.

11 ‘‘(2) APPLICABLE FINDINGS, DECISIONS, COM12 MENTARY, AND ORDERS.—For purposes of any de13 termination of whether an action is an adverse ac14 tion under paragraph (1)(A), all appropriate final

15 findings, decisions, commentary, and orders issued

16 under section 701(d)(6) of the Equal Credit Oppor17 tunity Act by the Board of Governors of the Federal

18 Reserve System or any court shall apply.’’.

19 (b) FIRM OFFER OF CREDIT OR INSURANCE.—Sec20 tion 603 of the Fair Credit Reporting Act (15 U.S.C.

21 1681a) (as amended by subsection (a) of this section) is

22 amended by adding at the end the following new sub23 section:

24 ‘‘(l) FIRM OFFER OF CREDIT OR INSURANCE.—The

25 term ‘firm offer of credit or insurance’ means any offer
766

SJ 63 PCS

1 of credit or insurance to a consumer that will be honored

2 if the consumer is determined, based on information in

3 a consumer report on the consumer, to meet the specific

4 criteria used to select the consumer for the offer, except

5 that the offer may be further conditioned on one or more

6 of the following:

7 ‘‘(1) The consumer being determined, based on

8 information in the consumer’s application for the

9 credit or insurance, to meet specific criteria bearing

10 on credit worthiness or insurability, as applicable,

11 that are established—

12 ‘‘(A) before selection of the consumer for

13 the offer; and

14 ‘‘(B) for the purpose of determining

15 whether to extend credit or insurance pursuant

16 to the offer.

17 ‘‘(2) Verification—

18 ‘‘(A) that the consumer continues to meet

19 the specific criteria used to select the consumer

20 for the offer, by using information in a

21 consumer report on the consumer, information

22 in the consumer’s application for the credit or

23 insurance, or other information bearing on the

24 credit worthiness or insurability of the

25 consumer; or
767

SJ 63 PCS

1 ‘‘(B) of the information in the consumer’s

2 application for the credit or insurance, to deter3 mine that the consumer meets the specific cri4 teria bearing on credit worthiness or insurabil5 ity.

6 ‘‘(3) The consumer furnishing any collateral

7 that is a requirement for the extension of the credit

8 or insurance that was—

9 ‘‘(A) established before selection of the

10 consumer for the offer of credit or insurance;

11 and

12 ‘‘(B) disclosed to the consumer in the offer

13 of credit or insurance.’’.

14 (c) CREDIT OR INSURANCE TRANSACTION THAT IS

15 NOT INITIATED BY THE CONSUMER.—Section 603 of the

16 Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended

17 by subsection (b) of this section) is amended by adding

18 at the end the following new subsection:

19 ‘‘(m) CREDIT OR INSURANCE TRANSACTION THAT IS

20 NOT INITIATED BY THE CONSUMER.—The term ‘credit or

21 insurance transaction that is not initiated by the

22 consumer’ does not include the use of a consumer report

23 by a person with which the consumer has an account or

24 insurance policy, for purposes of—
768

SJ 63 PCS

1 ‘‘(1) reviewing the account or insurance policy;

2 or

3 ‘‘(2) collecting the account.’’.

4 (d) STATE.—Section 603 of the Fair Credit Report5 ing Act (15 U.S.C. 1681a) (as amended by subsection (c)

6 of this section) is amended by adding at the end the fol7 lowing new subsection:

8 ‘‘(n) STATE.—The term ‘State’ means any State, the

9 Commonwealth of Puerto Rico, the District of Columbia,

10 and any territory or possession of the United States.’’.

11 (e) DEFINITION OF CONSUMER REPORT.—Section

12 603(d) of the Fair Credit Reporting Act (15 U.S.C.

13 1681a(d)) is amended—

14 (1) by striking ‘‘(d) The term’’ and inserting

15 the following:

16 ‘‘(d) CONSUMER REPORT.—

17 ‘‘(1) IN GENERAL.—The term’’;

18 (2) by striking ‘‘for (1) credit’’ and inserting

19 the following: ‘‘for—

20 ‘‘(A) credit’’;

21 (3) by striking ‘‘purposes, or (2)’’ and all that

22 follows through ‘‘section 604.’’ and inserting the fol23 lowing: ‘‘purposes;

24 ‘‘(B) employment purposes; or
769

SJ 63 PCS

1 ‘‘(C) any other purpose authorized under

2 section 604.’’; and

3 (4) by striking the second sentence and insert4 ing the following:

5 ‘‘(2) EXCLUSIONS.—The term ‘consumer re6 port’ does not include—

7 ‘‘(A) any—

8 ‘‘(i) report containing information

9 solely as to transactions or experiences be10 tween the consumer and the person mak11 ing the report;

12 ‘‘(ii) communication of that informa13 tion among persons related by common

14 ownership or affiliated by corporate con15 trol; or

16 ‘‘(iii) any communication of other in17 formation among persons related by com18 mon ownership or affiliated by corporate

19 control, if it is clearly and conspicuously

20 disclosed to the consumer that the infor21 mation may be communicated among such

22 persons and the consumer is given the op23 portunity, prior to the time that the infor24 mation is initially communicated, to direct
770

SJ 63 PCS

1 that such information not be commu2 nicated among such persons;

3 ‘‘(B) any authorization or approval of a

4 specific extension of credit directly or indirectly

5 by the issuer of a credit card or similar device;

6 ‘‘(C) any report in which a person who has

7 been requested by a third party to make a spe8 cific extension of credit directly or indirectly to

9 a consumer conveys his or her decision with re10 spect to such request, if the third party advises

11 the consumer of the name and address of the

12 person to whom the request was made, and

13 such person makes the disclosures to the

14 consumer required under section 615; or

15 ‘‘(D) a communication described in sub16 section (o).’’.

17 (f) EXCLUSION OF CERTAIN COMMUNICATIONS BY

18 EMPLOYMENT AGENCIES FROM DEFINITION OF

19 CONSUMER REPORT.—Section 603 of the Fair Credit Re20 porting Act (15 U.S.C. 1681a) is amended by adding at

21 the end the following new subsection:

22 ‘‘(o) EXCLUDED COMMUNICATIONS.—A communica23 tion is described in this subsection if it is a communica24 tion—
771

SJ 63 PCS

1 ‘‘(1) that, but for subsection (d)(2)(E), would

2 be an investigative consumer report;

3 ‘‘(2) that is made to a prospective employer for

4 the purpose of—

5 ‘‘(A) procuring an employee for the em6 ployer; or

7 ‘‘(B) procuring an opportunity for a natu8 ral person to work for the employer;

9 ‘‘(3) that is made by a person who regularly

10 performs such procurement;

11 ‘‘(4) that is not used by any person for any

12 purpose other than a purpose described in subpara13 graph (A) or (B) of paragraph (2); or

14 ‘‘(5) with respect to which—

15 ‘‘(A) the consumer who is the subject of

16 the communication—

17 ‘‘(i) consents orally or in writing to

18 the nature and scope of the communica19 tion, before the collection of any informa20 tion for the purpose of making the commu21 nication;

22 ‘‘(ii) consents orally or in writing to

23 the making of the communication to a pro24 spective employer, before the making of the

25 communication; and
772

SJ 63 PCS

1 ‘‘(iii) in the case of consent under

2 clause (i) or (ii) given orally, is provided

3 written confirmation of that consent by the

4 person making the communication, not

5 later than 3 business days after the receipt

6 of the consent by that person;

7 ‘‘(B) the person who makes the commu8 nication does not, for the purpose of making

9 the communication, make any inquiry that if

10 made by a prospective employer of the

11 consumer who is the subject of the communica12 tion would violate any applicable Federal or

13 State equal employment opportunity law or reg14 ulation; and

15 ‘‘(C) the person who makes the commu16 nication—

17 ‘‘(i) discloses in writing to the

18 consumer who is the subject of the commu19 nication, not later than 5 business days

20 after receiving any request from the

21 consumer for such disclosure, the nature

22 and substance of all information in the

23 consumer’s file at the time of the request,

24 except that the sources of any information

25 that is acquired solely for use in making
773

SJ 63 PCS

1 the communication and is actually used for

2 no other purpose, need not be disclosed

3 other than under appropriate discovery

4 procedures in any court of competent juris5 diction in which an action is brought; and

6 ‘‘(ii) notifies the consumer who is the

7 subject of the communication, in writing,

8 of the consumer’s right to request the in9 formation described in clause (i).’’.

10 (g) CONSUMER REPORTING AGENCY THAT COM11 PILES AND MAINTAINS FILES ON A NATIONWIDE

12 BASIS.—Section 603 of the Fair Credit Reporting Act (15

13 U.S.C. 1681a) (as amended by subsection (f) of this sec14 tion) is amended by adding at the end the following new

15 subsection:

16 ‘‘(p) CONSUMER REPORTING AGENCY THAT COM17 PILES AND MAINTAINS FILES ON CONSUMERS ON A NA18 TIONWIDE BASIS.—The term ‘consumer reporting agency

19 that compiles and maintains files on consumers on a na20 tionwide basis’ means a consumer reporting agency that

21 regularly engages in the practice of assembling or evaluat22 ing, and maintaining, for the purpose of furnishing

23 consumer reports to third parties bearing on a consumer’s

24 credit worthiness, credit standing, or credit capacity, each

25 of the following regarding consumers residing nationwide:
774

SJ 63 PCS

1 ‘‘(1) Public record information.

2 ‘‘(2) Credit account information from persons

3 who furnish that information regularly and in the

4 ordinary course of business.’’.

5 SEC. 403. FURNISHING CONSUMER REPORTS; USE FOR EM6 PLOYMENT PURPOSES.

7 (a) FURNISHING CONSUMER REPORTS FOR BUSI8 NESS TRANSACTIONS.—Section 604 of the Fair Credit Re9 porting Act (15 U.S.C. 1681b) is amended—

10 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

11 ‘‘A consumer reporting agency’’; and

12 (2) in subsection (a)(3) (as so designated by

13 paragraph (1) of this subsection), by striking sub14 paragraph (E) and inserting the following:

15 ‘‘(E) intends to use the information, as a

16 potential investor or servicer, or current in17 surer, in connection with a valuation of, or an

18 assessment of the credit or prepayment risks

19 associated with, an existing credit obligation; or

20 ‘‘(F) otherwise has a legitimate business need

21 for the information—

22 ‘‘(i) in connection with a business trans23 action that—

24 ‘‘(I) is initiated by the consumer; or
775

SJ 63 PCS

1 ‘‘(II) is a direct marketing transaction

2 for which the furnishing of information

3 from a consumer’s file by the agency is not

4 prohibited under subsection (d); or

5 ‘‘(ii) to review an account to determine

6 whether the consumer continues to meet the

7 terms of the account.’’.

8 (b) FURNISHING AND USING CONSUMER REPORTS

9 FOR EMPLOYMENT PURPOSES.—Section 604 of the Fair

10 Credit Reporting Act (15 U.S.C. 1681b) is amended by

11 adding at the end the following new subsection:

12 ‘‘(b) CONDITIONS FOR FURNISHING AND USING

13 CONSUMER REPORTS FOR EMPLOYMENT PURPOSES.—

14 ‘‘(1) CERTIFICATION FROM USER.—A consumer

15 reporting agency may furnish a consumer report for

16 employment purposes only if—

17 ‘‘(A) the person who obtains such report

18 from the agency certifies to the agency that—

19 ‘‘(i) the person has complied with

20 paragraph (2) with respect to the

21 consumer report, and the person will com22 ply with paragraph (3) with respect to the

23 consumer report if paragraph (3) becomes

24 applicable; and
776

SJ 63 PCS

1 ‘‘(ii) information from the consumer

2 report will not be used in violation of any

3 applicable Federal or State equal employ4 ment opportunity law or regulation; and

5 ‘‘(B) the consumer reporting agency pro6 vides with the report a summary of the consum7 er’s rights under this title, as prescribed by the

8 Federal Trade Commission under section

9 609(c)(3).

10 ‘‘(2) DISCLOSURE TO CONSUMER.—A person

11 may not procure a consumer report, or cause a

12 consumer report to be procured, for employment

13 purposes with respect to any consumer, unless—

14 ‘‘(A) a clear and conspicuous disclosure

15 has been made in writing to the consumer at

16 any time before the report is procured or

17 caused to be procured, in a document that con18 sists solely of the disclosure, that a consumer

19 report may be obtained for employment pur20 poses; and

21 ‘‘(B) the consumer has authorized in writ22 ing the procurement of the report by that per23 son.

24 ‘‘(3) CONDITIONS ON USE FOR ADVERSE AC25 TIONS.—In using a consumer report for employment
777

SJ 63 PCS

1 purposes, before taking any adverse action based in

2 whole or in part on the report, the person intending

3 to take such adverse action shall provide to the

4 consumer to whom the report relates—

5 ‘‘(A) a copy of the report; and

6 ‘‘(B) a description in writing of the rights

7 of the consumer under this title, as prescribed

8 by the Federal Trade Commission under section

9 609(c)(3).’’.

10 SEC. 404. USE OF CONSUMER REPORTS FOR

11 PRESCREENING AND DIRECT MARKETING;

12 PROHIBITION ON UNAUTHORIZED OR

13 UNCERTIFIED USE OF INFORMATION.

14 (a) IN GENERAL.—Section 604 of the Fair Credit

15 Reporting Act (15 U.S.C. 1681b) (as amended by section

16 403 of this division) is amended—

17 (1) in subsection (a), by striking ‘‘A consumer

18 reporting agency’’ and inserting ‘‘Subject to sub19 sections (c) and (d), any consumer reporting agen20 cy’’; and

21 (2) by adding at the end the following new sub22 sections:

23 ‘‘(c) FURNISHING REPORTS IN CONNECTION WITH

24 CREDIT OR INSURANCE TRANSACTIONS THAT ARE NOT

25 INITIATED BY THE CONSUMER.—
778

SJ 63 PCS

1 ‘‘(1) IN GENERAL.—A consumer reporting

2 agency may furnish a consumer report relating to

3 any consumer pursuant to subparagraph (A) or (C)

4 of subsection (a)(3) in connection with any credit or

5 insurance transaction that is not initiated by the

6 consumer only if—

7 ‘‘(A) the consumer authorizes the agency

8 to provide such report to such person; or

9 ‘‘(B)(i) the transaction consists of a firm

10 offer of credit or insurance;

11 ‘‘(ii) the consumer reporting agency has

12 complied with subsection (e); and

13 ‘‘(iii) there is not in effect an election by

14 the consumer, made in accordance with sub15 section (e), to have the consumer’s name and

16 address excluded from lists of names provided

17 by the agency pursuant to this paragraph.

18 ‘‘(2) LIMITS ON INFORMATION RECEIVED

19 UNDER PARAGRAPH (1)(B).—A person may receive

20 pursuant to paragraph (1)(B) only—

21 ‘‘(A) the name and address of a consumer;

22 ‘‘(B) an identifier that is not unique to the

23 consumer and that is used by the person solely

24 for the purpose of verifying the identity of the

25 consumer; and
779

SJ 63 PCS

1 ‘‘(C) other information pertaining to a

2 consumer that does not identify the relationship

3 or experience of the consumer with respect to a

4 particular creditor or other entity.

5 ‘‘(3) INFORMATION REGARDING INQUIRIES.—

6 Except as provided in section 609(a)(5), a consumer

7 reporting agency shall not furnish to any person a

8 record of inquiries in connection with a credit or in9 surance transaction that is not initiated by a

10 consumer.

11 ‘‘(d) FURNISHING INFORMATION FROM CONSUMER

12 FILES IN CONNECTION WITH DIRECT MARKETING

13 TRANSACTIONS THAT ARE NOT INITIATED BY THE

14 CONSUMER.—

15 ‘‘(1) IN GENERAL.—A consumer reporting

16 agency may furnish information from a file relating

17 to a consumer pursuant to subsection (a)(3)(F) in

18 connection with a direct marketing transaction that

19 is not initiated by the consumer only if—

20 ‘‘(A) the consumer authorizes the agency

21 to provide such information to such person; or

22 ‘‘(B)(i) the consumer reporting agency has

23 complied with subsection (e); and

24 ‘‘(ii) there is not in effect an election by

25 the consumer, made in accordance with sub-
780

SJ 63 PCS

1 section (e), to have the name and address of the

2 consumer excluded from lists of names provided

3 by the agency pursuant to this paragraph.

4 ‘‘(2) LIMITS ON FURNISHING INFORMATION

5 UNDER PARAGRAPH (1)(B).—A consumer reporting

6 agency may furnish, pursuant to paragraph (1)(B),

7 only the name and address of a consumer and other

8 information that would not disclose the credit pay9 ment history, credit limit, credit balance, or any neg10 ative information pertaining to the consumer.

11 ‘‘(3) INFORMATION REGARDING INQUIRIES.—

12 Except as provided in section 609(a)(5), a consumer

13 reporting agency shall not furnish to any person a

14 record of inquiries made in connection with a direct

15 marketing transaction that is not initiated by a

16 consumer.

17 ‘‘(e) ELECTION OF CONSUMER TO BE EXCLUDED

18 FROM LISTS.—

19 ‘‘(1) IN GENERAL.—A consumer may elect to

20 have the consumer’s name and address excluded

21 from any list provided by a consumer reporting

22 agency under subsection (c)(1)(B) in connection

23 with a credit or insurance transaction that is not ini24 tiated by the consumer or under subsection

25 (d)(1)(B) in connection with a direct marketing
781

SJ 63 PCS

1 transaction that is not initiated by the consumer, by

2 notifying the agency in accordance with paragraph

3 (2) that the consumer does not consent to any use

4 of a consumer report relating to the consumer in

5 connection with any credit or insurance transaction

6 that is not initiated by the consumer or any direct

7 marketing transaction that is not initiated by the

8 consumer.

9 ‘‘(2) MANNER OF NOTIFICATION.—A consumer

10 shall notify a consumer reporting agency under

11 paragraph (1)—

12 ‘‘(A) through the notification system main13 tained by the agency under paragraph (5); or

14 ‘‘(B) by submitting to the agency a signed

15 notice of election form issued by the agency for

16 purposes of this subparagraph.

17 ‘‘(3) RESPONSE OF AGENCY AFTER NOTIFICA18 TION THROUGH SYSTEM.—Upon receipt of notifica19 tion of the election of a consumer under paragraph

20 (1) through the notification system maintained by

21 the agency under paragraph (5), a consumer report22 ing agency shall—

23 ‘‘(A) inform the consumer that the election

24 is effective only for the 2-year period following

25 the election if the consumer does not submit to
782

SJ 63 PCS

1 the agency a signed notice of election form is2 sued by the agency for purposes of paragraph

3 (2)(B); and

4 ‘‘(B) provide to the consumer a notice of

5 election form, if requested by the consumer, not

6 later than 5 business days after receipt of the

7 notification of the election through the system

8 established under paragraph (5), in the case of

9 a request made at the time the consumer pro10 vides notification through the system.

11 ‘‘(4) EFFECTIVENESS OF ELECTION.—An elec12 tion of a consumer under paragraph (1)—

13 ‘‘(A) shall be effective with respect to a

14 consumer reporting agency beginning 5 busi15 ness days after the date on which the consumer

16 notifies the agency in accordance with para17 graph (2);

18 ‘‘(B) shall be effective with respect to a

19 consumer reporting agency—

20 ‘‘(i) subject to subparagraph (C), dur21 ing the 2-year period beginning 5 business

22 days after the date on which the consumer

23 notifies the agency of the election, in the

24 case of an election for which a consumer
783

SJ 63 PCS

1 notifies the agency only in accordance with

2 paragraph (2)(A); or

3 ‘‘(ii) until the consumer notifies the

4 agency under subparagraph (C), in the

5 case of an election for which a consumer

6 notifies the agency in accordance with

7 paragraph (2)(B);

8 ‘‘(C) shall not be effective after the date on

9 which the consumer notifies the agency,

10 through the notification system established by

11 the agency under paragraph (5), that the elec12 tion is no longer effective; and

13 ‘‘(D) shall be effective with respect to each

14 affiliate of the agency.

15 ‘‘(5) NOTIFICATION SYSTEM.—

16 ‘‘(A) IN GENERAL.—Each consumer re17 porting agency that, under subsection (c)(1)(B),

18 furnishes a consumer report in connection with

19 a credit or insurance transaction that is not ini20 tiated by a consumer or, under subsection

21 (d)(1)(B), furnishes a consumer report in con22 nection with a direct marketing transaction that

23 is not initiated by a consumer, shall—

24 ‘‘(i) establish and maintain a notifica25 tion system, including a toll-free telephone
784

SJ 63 PCS

1 number, which permits any consumer

2 whose consumer report is maintained by

3 the agency to notify the agency, with ap4 propriate identification, of the consumer’s

5 election to have the consumer’s name and

6 address excluded from any such list of

7 names and addresses provided by the agen8 cy for such a transaction; and

9 ‘‘(ii) publish by not later than 365

10 days after the date of enactment of the

11 Consumer Credit Reporting Reform Act of

12 1996, and not less than annually there13 after, in a publication of general circula14 tion in the area served by the agency—

15 ‘‘(I) a notification that informa16 tion in consumer files maintained by

17 the agency may be used in connection

18 with such transactions; and

19 ‘‘(II) the address and toll-free

20 telephone number for consumers to

21 use to notify the agency of the con22 sumer’s election under clause (i).

23 ‘‘(B) ESTABLISHMENT AND MAINTENANCE

24 AS COMPLIANCE.—Establishment and mainte25 nance of a notification system (including a toll-
785

SJ 63 PCS

1 free telephone number) and publication by a

2 consumer reporting agency on the agency’s own

3 behalf and on behalf of any of its affiliates in

4 accordance with this paragraph is deemed to be

5 compliance with this paragraph by each of

6 those affiliates.

7 ‘‘(6) NOTIFICATION SYSTEM BY AGENCIES

8 THAT OPERATE NATIONWIDE.—Each consumer re9 porting agency that compiles and maintains files on

10 consumers on a nationwide basis shall establish and

11 maintain a notification system for purposes of para12 graph (5) jointly with other such consumer reporting

13 agencies.’’.

14 (b) USE OF INFORMATION OBTAINED FROM RE15 PORTS.—Section 604 of the Fair Credit Reporting Act (15

16 U.S.C. 1681b) (as amended by subsection (a) of this sec17 tion) is amended by adding at the end the following new

18 subsection:

19 ‘‘(f) CERTAIN USE OR OBTAINING OF INFORMATION

20 PROHIBITED.—A person shall not use or obtain a

21 consumer report for any purpose unless—

22 ‘‘(1) the consumer report is obtained for a pur23 pose for which the consumer report is authorized to

24 be furnished under this section; and
786

SJ 63 PCS

1 ‘‘(2) the purpose is certified in accordance with

2 section 607 by a prospective user of the report

3 through a general or specific certification.’’.

4 (c) FTC GUIDELINES REGARDING PRESCREENING

5 FOR INSURANCE TRANSACTIONS.—The Federal Trade

6 Commission may issue such guidelines as it deems nec7 essary with respect to the use of consumer reports in con8 nection with insurance transactions that are not initiated

9 by the consumer pursuant to section 604(c) of the Fair

10 Credit Reporting Act, as added by subsection (a) of this

11 section.

12 SEC. 405. CONSUMER CONSENT REQUIRED TO FURNISH

13 CONSUMER REPORT CONTAINING MEDICAL

14 INFORMATION.

15 Section 604 of the Fair Credit Reporting Act (15

16 U.S.C. 1681b) is amended by adding at the end the follow17 ing new subsection:

18 ‘‘(g) FURNISHING REPORTS CONTAINING MEDICAL

19 INFORMATION.—A consumer reporting agency shall not

20 furnish for employment purposes, or in connection with

21 a credit or insurance transaction or a direct marketing

22 transaction, a consumer report that contains medical in23 formation about a consumer, unless the consumer con24 sents to the furnishing of the report.’’.
787

SJ 63 PCS

1 SEC. 406. OBSOLETE INFORMATION AND INFORMATION

2 CONTAINED IN CONSUMER REPORTS.

3 (a) AMENDMENT TO LARGE-DOLLAR EXCEPTION.—

4 Section 605 of the Fair Credit Reporting Act (15 U.S.C.

5 1681c) is amended—

6 (1) by inserting ‘‘INFORMATION EXCLUDED

7 FROM CONSUMER REPORTS.—’’ after ‘‘(a)’’;

8 (2) in subsection (b)—

9 (A) in paragraph (1), by striking

10 ‘‘$50,000’’ and inserting ‘‘$150,000’’;

11 (B) in paragraph (2), by striking

12 ‘‘$50,000’’ and inserting ‘‘$150,000’’; and

13 (C) in paragraph (3), by striking

14 ‘‘$20,000’’ and inserting ‘‘$75,000’’.

15 (b) CLARIFICATION OF REPORTING PERIOD.—Sec16 tion 605 of the Fair Credit Reporting Act (15 U.S.C.

17 1681c) (as amended by subsection (a) of this section) is

18 amended by adding at the end the following new sub19 section:

20 ‘‘(c) RUNNING OF REPORTING PERIOD.—

21 ‘‘(1) IN GENERAL.—The 7-year period referred

22 to in paragraphs (4) and (6) of subsection (a) shall

23 begin, with respect to any delinquent account that is

24 placed for collection (internally or by referral to a

25 third party, whichever is earlier), charged to profit

26 and loss, or subjected to any similar action, upon the
788

SJ 63 PCS

1 expiration of the 180-day period beginning on the

2 date of the commencement of the delinquency which

3 immediately preceded the collection activity, charge

4 to profit and loss, or similar action.

5 ‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall

6 apply only to items of information added to the file

7 of a consumer on or after the date that is 455 days

8 after the date of enactment of the Consumer Credit

9 Reporting Reform Act of 1996.’’.

10 (c) ADDITIONAL INFORMATION ON BANKRUPTCY

11 FILINGS REQUIRED.—Section 605 of the Fair Credit Re12 porting Act (15 U.S.C. 1681c) is amended by adding at

13 the end the following new subsection:

14 ‘‘(d) INFORMATION REQUIRED TO BE DISCLOSED.—

15 Any consumer reporting agency that furnishes a consumer

16 report that contains information regarding any case in17 volving the consumer that arises under title 11, United

18 States Code, shall include in the report an identification

19 of the chapter of such title 11 under which such case

20 arises if provided by the source of the information. If any

21 case arising or filed under title 11, United States Code,

22 is withdrawn by the consumer prior to a final judgment,

23 the consumer reporting agency shall include in the report

24 that such case or filing was withdrawn upon receipt of

25 documentation certifying such withdrawal.’’.
789

SJ 63 PCS

1 (d) INDICATION OF CLOSURE OF ACCOUNT; INDICA2 TION OF DISPUTE BY CONSUMER.—Section 605 of the

3 Fair Credit Reporting Act (15 U.S.C. 1681c) is amended

4 by adding at the end the following new subsections:

5 ‘‘(e) INDICATION OF CLOSURE OF ACCOUNT BY

6 CONSUMER.—If a consumer reporting agency is notified

7 pursuant to section 623(a)(4) that a credit account of a

8 consumer was voluntarily closed by the consumer, the

9 agency shall indicate that fact in any consumer report that

10 includes information related to the account.

11 ‘‘(f) INDICATION OF DISPUTE BY CONSUMER.—If a

12 consumer reporting agency is notified pursuant to section

13 623(a)(3) that information regarding a consumer who was

14 furnished to the agency is disputed by the consumer, the

15 agency shall indicate that fact in each consumer report

16 that includes the disputed information.’’.

17 (e) CONFORMING AMENDMENTS.—

18 (1) Section 605 of the Fair Credit Reporting

19 Act (15 U.S.C. 1681c) is amended in the section

20 heading, by striking ‘‘OBSOLETE INFORMATION’’

21 and inserting ‘‘REQUIREMENTS RELATING TO IN22 FORMATION CONTAINED IN CONSUMER RE23 PORTS’’.

24 (2) The table of sections for the Fair Credit

25 Reporting Act (15 U.S.C. 1681a et seq.) is amended
790

SJ 63 PCS

1 by striking the item relating to section 605 and in2 serting the following:

‘‘605. Requirements relating to information contained in consumer reports.’’.

3 SEC. 407. COMPLIANCE PROCEDURES.

4 (a) DISCLOSURE OF CONSUMER REPORTS BY

5 USERS.—Section 607 of the Fair Credit Reporting Act

6 (15 U.S.C. 1681e) is amended by adding at the end the

7 following new subsection:

8 ‘‘(c) DISCLOSURE OF CONSUMER REPORTS BY

9 USERS ALLOWED.—A consumer reporting agency may not

10 prohibit a user of a consumer report furnished by the

11 agency on a consumer from disclosing the contents of the

12 report to the consumer, if adverse action against the

13 consumer has been taken by the user based in whole or

14 in part on the report.’’.

15 (b) NOTICE TO USERS AND PROVIDERS OF INFORMA16 TION TO ENSURE COMPLIANCE.—Section 607 of the Fair

17 Credit Reporting Act (15 U.S.C. 1681e) is amended by

18 adding after subsection (c) (as added by subsection (a)

19 of this section) the following new subsection:

20 ‘‘(d) NOTICE TO USERS AND FURNISHERS OF INFOR21 MATION.—

22 ‘‘(1) NOTICE REQUIREMENT.—A consumer re23 porting agency shall provide to any person—
791

SJ 63 PCS

1 ‘‘(A) who regularly and in the ordinary

2 course of business furnishes information to the

3 agency with respect to any consumer; or

4 ‘‘(B) to whom a consumer report is pro5 vided by the agency; a notice of such person’s

6 responsibilities under this title.

7 ‘‘(2) CONTENT OF NOTICE.—The Federal

8 Trade Commission shall prescribe the content of no9 tices under paragraph (1), and a consumer reporting

10 agency shall be in compliance with this subsection if

11 it provides a notice under paragraph (1) that is sub12 stantially similar to the Federal Trade Commission

13 prescription under this paragraph.’’.

14 (c) RECORD OF IDENTITY OF USERS AND PURPOSES

15 CERTIFIED BY USERS OF REPORTS.—Section 607 of the

16 Fair Credit Reporting Act (15 U.S.C. 1681e) is amended

17 by adding after subsection (d) (as added by subsection (b)

18 of this section) the following new subsection:

19 ‘‘(e) PROCUREMENT OF CONSUMER REPORT FOR RE20 SALE.—

21 ‘‘(1) DISCLOSURE.—A person may not procure

22 a consumer report for purposes of reselling the re23 port (or any information in the report) unless the

24 person discloses to the consumer reporting agency

25 that originally furnishes the report—
792

SJ 63 PCS

1 ‘‘(A) the identity of the end-user of the re2 port (or information); and

3 ‘‘(B) each permissible purpose under sec4 tion 604 for which the report is furnished to

5 the end-user of the report (or information).

6 ‘‘(2) RESPONSIBILITIES OF PROCURERS FOR

7 RESALE.—A person who procures a consumer report

8 for purposes of reselling the report (or any informa9 tion in the report) shall—

10 ‘‘(A) establish and comply with reasonable

11 procedures designed to ensure that the report

12 (or information) is resold by the person only for

13 a purpose for which the report may be fur14 nished under section 604, including by requir15 ing that each person to which the report (or in16 formation) is resold and that resells or provides

17 the report (or information) to any other per18 son—

19 ‘‘(i) identifies each end user of the re20 sold report (or information);

21 ‘‘(ii) certifies each purpose for which

22 the report (or information) will be used;

23 and
793

SJ 63 PCS

1 ‘‘(iii) certifies that the report (or in2 formation) will be used for no other pur3 pose; and

4 ‘‘(B) before reselling the report, make rea5 sonable efforts to verify the identifications and

6 certifications made under subparagraph (A).’’.

7 SEC. 408. CONSUMER DISCLOSURES.

8 (a) ALL INFORMATION IN CONSUMER’S FILE RE9 QUIRED TO BE DISCLOSED.—Section 609(a)(1) of the

10 Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is

11 amended to read as follows:

12 ‘‘(1) All information in the consumer’s file at

13 the time of the request, except that nothing in this

14 paragraph shall be construed to require a consumer

15 reporting agency to disclose to a consumer any in16 formation concerning credit scores or any other risk

17 scores or predictors relating to the consumer.’’.

18 (b) MORE INFORMATION CONCERNING RECIPIENTS

19 OF REPORTS REQUIRED.—Section 609(a)(3) of the Fair

20 Credit Reporting Act (15 U.S.C. 1681g(a)) is amended

21 to read as follows:

22 ‘‘(3)(A) Identification of each person (including

23 each end-user identified under section 607(e)(1))

24 that procured a consumer report—
794

SJ 63 PCS

1 ‘‘(i) for employment purposes, during the

2 2-year period preceding the date on which the

3 request is made; or

4 ‘‘(ii) for any other purpose, during the 1-

5 year period preceding the date on which the re6 quest is made.

7 ‘‘(B) An identification of a person under sub8 paragraph (A) shall include—

9 ‘‘(i) the name of the person or, if applica10 ble, the trade name (written in full) under

11 which such person conducts business; and

12 ‘‘(ii) upon request of the consumer, the ad13 dress and telephone number of the person.’’.

14 (c) INFORMATION REGARDING INQUIRIES.—Section

15 609(a) of the Fair Credit Reporting Act (15 U.S.C.

16 1681g(a)) is amended by adding at the end the following

17 new paragraph:

18 ‘‘(5) A record of all inquiries received by the

19 agency during the 1-year period preceding the re20 quest that identified the consumer in connection

21 with a credit or insurance transaction that was not

22 initiated by the consumer.’’.

23 (d) SUMMARY OF RIGHTS REQUIRED TO BE IN24 CLUDED WITH DISCLOSURE.—
795

SJ 63 PCS

1 (1) IN GENERAL.—Section 609 of the Fair

2 Credit Reporting Act (15 U.S.C. 1681g) is amended

3 by adding at the end the following new subsection:

4 ‘‘(c) SUMMARY OF RIGHTS REQUIRED TO BE IN5 CLUDED WITH DISCLOSURE.—

6 ‘‘(1) SUMMARY OF RIGHTS.—A consumer re7 porting agency shall provide to a consumer, with

8 each written disclosure by the agency to the

9 consumer under this section—

10 ‘‘(A) a written summary of all of the rights

11 that the consumer has under this title; and

12 ‘‘(B) in the case of a consumer reporting

13 agency that compiles and maintains files on

14 consumers on a nationwide basis, a toll-free

15 telephone number established by the agency, at

16 which personnel are accessible to consumers

17 during normal business hours.

18 ‘‘(2) SPECIFIC ITEMS REQUIRED TO BE IN19 CLUDED.—The summary of rights required under

20 paragraph (1) shall include—

21 ‘‘(A) a brief description of this title and all

22 rights of consumers under this title;

23 ‘‘(B) an explanation of how the consumer

24 may exercise the rights of the consumer under

25 this title;
796

SJ 63 PCS

1 ‘‘(C) a list of all Federal agencies respon2 sible for enforcing any provision of this title

3 and the address and any appropriate phone

4 number of each such agency, in a form that will

5 assist the consumer in selecting the appropriate

6 agency;

7 ‘‘(D) a statement that the consumer may

8 have additional rights under State law and that

9 the consumer may wish to contact a State or

10 local consumer protection agency or a State at11 torney general to learn of those rights; and

12 ‘‘(E) a statement that a consumer report13 ing agency is not required to remove accurate

14 derogatory information from a consumer’s file,

15 unless the information is outdated under sec16 tion 605 or cannot be verified.

17 ‘‘(3) FORM OF SUMMARY OF RIGHTS.—For pur18 poses of this subsection and any disclosure by a

19 consumer reporting agency required under this title

20 with respect to consumers’ rights, the Federal Trade

21 Commission (after consultation with each Federal

22 agency referred to in section 621(b)) shall prescribe

23 the form and content of any such disclosure of the

24 rights of consumers required under this title. A

25 consumer reporting agency shall be in compliance
797

SJ 63 PCS

1 with this subsection if it provides disclosures under

2 paragraph (1) that are substantially similar to the

3 Federal Trade Commission prescription under this

4 paragraph.

5 ‘‘(4) EFFECTIVENESS.—No disclosures shall be

6 required under this subsection until the date on

7 which the Federal Trade Commission prescribes the

8 form and content of such disclosures under para9 graph (3).’’.

10 (2) TECHNICAL AMENDMENT.—Section

11 606(a)(1)(B) of the Fair Credit Reporting Act (15

12 U.S.C. 1681d(a)(1)(B)) is amended by inserting

13 ‘‘and the written summary of the rights of the

14 consumer prepared pursuant to section 609(c)’’ be15 fore the semicolon.

16 (e) FORM OF DISCLOSURES.—

17 (1) IN GENERAL.—Subsections (a) and (b) of

18 section 610 of the Fair Credit Reporting Act (15

19 U.S.C. 1681h) are amended to read as follows:

20 ‘‘(a) IN GENERAL.—

21 ‘‘(1) PROPER IDENTIFICATION.—A consumer

22 reporting agency shall require, as a condition of

23 making the disclosures required under section 609,

24 that the consumer furnish proper identification.
798

SJ 63 PCS

1 ‘‘(2) DISCLOSURE IN WRITING.—Except as pro2 vided in subsection (b), the disclosures required to

3 be made under section 609 shall be provided under

4 that section in writing.

5 ‘‘(b) OTHER FORMS OF DISCLOSURE.—

6 ‘‘(1) IN GENERAL.—If authorized by a

7 consumer, a consumer reporting agency may make

8 the disclosures required under 609—

9 ‘‘(A) other than in writing; and

10 ‘‘(B) in such form as may be—

11 ‘‘(i) specified by the consumer in ac12 cordance with paragraph (2); and

13 ‘‘(ii) available from the agency.

14 ‘‘(2) FORM.—A consumer may specify pursuant

15 to paragraph (1) that disclosures under section 609

16 shall be made—

17 ‘‘(A) in person, upon the appearance of the

18 consumer at the place of business of the

19 consumer reporting agency where disclosures

20 are regularly provided, during normal business

21 hours, and on reasonable notice;

22 ‘‘(B) by telephone, if the consumer has

23 made a written request for disclosure by tele24 phone;
799

SJ 63 PCS

1 ‘‘(C) by electronic means, if available from

2 the agency; or

3 ‘‘(D) by any other reasonable means that

4 is available from the agency.’’.

5 (2) SIMPLIFIED DISCLOSURE.—Not later than

6 90 days after the date of enactment of this Act, each

7 consumer reporting agency shall develop a form on

8 which such consumer reporting agency shall make

9 the disclosures required under section 609(a) of the

10 Fair Credit Reporting Act, for the purpose of maxi11 mizing the comprehensibility and standardization of

12 such disclosures.

13 (3) GOALS.—The Federal Trade Commission

14 shall take appropriate action to assure that the goals

15 of comprehensibility and standardization are

16 achieved in accordance with paragraph (2).

17 (4) DEFAMATION.—Section 610(e) of the Fair

18 Credit Reporting Act (15 U.S.C. 1681h(e)) is

19 amended by inserting ‘‘or based on information dis20 closed by a user of a consumer report to or for a

21 consumer against whom the user has taken adverse

22 action, based in whole or in part on the report’’ be23 fore ‘‘except’’.
800

SJ 63 PCS

1 (5) CONFORMING AMENDMENTS.—The Fair

2 Credit Reporting Act (15 U.S.C. 1681 et seq.) is

3 amended—

4 (A) in section 609(a), in the matter pre5 ceding paragraph (1), by striking ‘‘and proper

6 identification of any consumer’’ and inserting ‘‘,

7 and subject to section 610(a)(1)’’;

8 (B) in section 610, in the section heading,

9 by inserting ‘‘AND FORM’’ after ‘‘CONDI10 TIONS’’; and

11 (C) in the table of sections at the begin12 ning of that Act, in the item relating to section

13 610, by inserting ‘‘and form’’ after ‘‘condi14 tions’’.

15 SEC. 409. PROCEDURES IN CASE OF THE DISPUTED ACCU16 RACY OF ANY INFORMATION IN A CONSUM17 ER’S FILE.

18 (a) IN GENERAL.—Section 611(a) of the Fair Credit

19 Reporting Act (15 U.S.C. 1681i(a)) is amended to read

20 as follows:

21 ‘‘(a) REINVESTIGATIONS OF DISPUTED INFORMA22 TION.—

23 ‘‘(1) REINVESTIGATION REQUIRED.—

24 ‘‘(A) IN GENERAL.—If the completeness or

25 accuracy of any item of information contained
801

SJ 63 PCS

1 in a consumer’s file at a consumer reporting

2 agency is disputed by the consumer and the

3 consumer notifies the agency directly of such

4 dispute, the agency shall reinvestigate free of

5 charge and record the current status of the dis6 puted information, or delete the item from the

7 file in accordance with paragraph (5), before

8 the end of the 30-day period beginning on the

9 date on which the agency receives the notice of

10 the dispute from the consumer.

11 ‘‘(B) EXTENSION OF PERIOD TO REINVES12 TIGATE.—Except as provided in subparagraph

13 (C), the 30-day period described in subpara14 graph (A) may be extended for not more than

15 15 additional days if the consumer reporting

16 agency receives information from the consumer

17 during that 30-day period that is relevant to

18 the reinvestigation.

19 ‘‘(C) LIMITATIONS ON EXTENSION OF PE20 RIOD TO REINVESTIGATE.—Subparagraph (B)

21 shall not apply to any reinvestigation in which,

22 during the 30-day period described in subpara23 graph (A), the information that is the subject

24 of the reinvestigation is found to be inaccurate

25 or incomplete or the consumer reporting agency
802

SJ 63 PCS

1 determines that the information cannot be veri2 fied.

3 ‘‘(2) PROMPT NOTICE OF DISPUTE TO FUR4 NISHER OF INFORMATION.—

5 ‘‘(A) IN GENERAL.—Prior to the expiration

6 of the 5-business-day period beginning on the

7 date on which a consumer reporting agency re8 ceives notice of a dispute from any consumer in

9 accordance with paragraph (1), the agency shall

10 provide notification of the dispute to any person

11 who provided any item of information in dis12 pute, at the address and in the manner estab13 lished with the person. The notice shall include

14 all relevant information regarding the dispute

15 that the agency has received from the

16 consumer.

17 ‘‘(B) PROVISION OF OTHER INFORMATION

18 FROM CONSUMER.—The consumer reporting

19 agency shall promptly provide to the person

20 who provided the information in dispute all rel21 evant information regarding the dispute that is

22 received by the agency from the consumer after

23 the period referred to in subparagraph (A) and

24 before the end of the period referred to in para25 graph (1)(A).
803

SJ 63 PCS

1 ‘‘(3) DETERMINATION THAT DISPUTE IS FRIVO2 LOUS OR IRRELEVANT.—

3 ‘‘(A) IN GENERAL.—Notwithstanding para4 graph (1), a consumer reporting agency may

5 terminate a reinvestigation of information dis6 puted by a consumer under that paragraph if

7 the agency reasonably determines that the dis8 pute by the consumer is frivolous or irrelevant,

9 including by reason of a failure by a consumer

10 to provide sufficient information to investigate

11 the disputed information.

12 ‘‘(B) NOTICE OF DETERMINATION.—Upon

13 making any determination in accordance with

14 subparagraph (A) that a dispute is frivolous or

15 irrelevant, a consumer reporting agency shall

16 notify the consumer of such determination not

17 later than 5 business days after making such

18 determination, by mail or, if authorized by the

19 consumer for that purpose, by any other means

20 available to the agency.

21 ‘‘(C) CONTENTS OF NOTICE.—A notice

22 under subparagraph (B) shall include—

23 ‘‘(i) the reasons for the determination

24 under subparagraph (A); and
804

SJ 63 PCS

1 ‘‘(ii) identification of any information

2 required to investigate the disputed infor3 mation, which may consist of a standard4 ized form describing the general nature of

5 such information.

6 ‘‘(4) CONSIDERATION OF CONSUMER INFORMA7 TION.—In conducting any reinvestigation under

8 paragraph (1) with respect to disputed information

9 in the file of any consumer, the consumer reporting

10 agency shall review and consider all relevant infor11 mation submitted by the consumer in the period de12 scribed in paragraph (1)(A) with respect to such dis13 puted information.

14 ‘‘(5) TREATMENT OF INACCURATE OR UNVERI15 FIABLE INFORMATION.—

16 ‘‘(A) IN GENERAL.—If, after any reinves17 tigation under paragraph (1) of any informa18 tion disputed by a consumer, an item of the in19 formation is found to be inaccurate or incom20 plete or cannot be verified, the consumer re21 porting agency shall promptly delete that item

22 of information from the consumer’s file or mod23 ify that item of information, as appropriate,

24 based on the results of the reinvestigation.
805

SJ 63 PCS

1 ‘‘(B) REQUIREMENTS RELATING TO RE2 INSERTION OF PREVIOUSLY DELETED MATE3 RIAL.—

4 ‘‘(i) CERTIFICATION OF ACCURACY OF

5 INFORMATION.—If any information is de6 leted from a consumer’s file pursuant to

7 subparagraph (A), the information may

8 not be reinserted in the file by the

9 consumer reporting agency unless the per10 son who furnishes the information certifies

11 that the information is complete and accu12 rate.

13 ‘‘(ii) NOTICE TO CONSUMER.—If any

14 information that has been deleted from a

15 consumer’s file pursuant to subparagraph

16 (A) is reinserted in the file, the consumer

17 reporting agency shall notify the consumer

18 of the reinsertion in writing not later than

19 5 business days after the reinsertion or, if

20 authorized by the consumer for that pur21 pose, by any other means available to the

22 agency.

23 ‘‘(iii) ADDITIONAL INFORMATION.—As

24 part of, or in addition to, the notice under

25 clause (ii), a consumer reporting agency
806

SJ 63 PCS

1 shall provide to a consumer in writing not

2 later than 5 business days after the date of

3 the reinsertion—

4 ‘‘(I) a statement that the dis5 puted information has been re6 inserted;

7 ‘‘(II) the business name and ad8 dress of any furnisher of information

9 contacted and the telephone number

10 of such furnisher, if reasonably avail11 able, or of any furnisher of informa12 tion that contacted the consumer re13 porting agency, in connection with the

14 reinsertion of such information; and

15 ‘‘(III) a notice that the consumer

16 has the right to add a statement to

17 the consumer’s file disputing the accu18 racy or completeness of the disputed

19 information.

20 ‘‘(C) PROCEDURES TO PREVENT RE21 APPEARANCE.—A consumer reporting agency

22 shall maintain reasonable procedures designed

23 to prevent the reappearance in a consumer’s

24 file, and in consumer reports on the consumer,

25 of information that is deleted pursuant to this
807

SJ 63 PCS

1 paragraph (other than information that is re2 inserted in accordance with subparagraph

3 (B)(i)).

4 ‘‘(D) AUTOMATED REINVESTIGATION SYS5 TEM.—Any consumer reporting agency that

6 compiles and maintains files on consumers on a

7 nationwide basis shall implement an automated

8 system through which furnishers of information

9 to that consumer reporting agency may report

10 the results of a reinvestigation that finds in11 complete or inaccurate information in a con12 sumer’s file to other such consumer reporting

13 agencies.

14 ‘‘(6) NOTICE OF RESULTS OF REINVESTIGA15 TION.—

16 ‘‘(A) IN GENERAL.—A consumer reporting

17 agency shall provide written notice to a

18 consumer of the results of a reinvestigation

19 under this subsection not later than 5 business

20 days after the completion of the reinvestigation,

21 by mail or, if authorized by the consumer for

22 that purpose, by other means available to the

23 agency.

24 ‘‘(B) CONTENTS.—As part of, or in addi25 tion to, the notice under subparagraph (A), a
808

SJ 63 PCS

1 consumer reporting agency shall provide to a

2 consumer in writing prior to the expiration of

3 the 5-day period referred to in subparagraph

4 (A)—

5 ‘‘(i) a statement that the reinvestiga6 tion is completed;

7 ‘‘(ii) a consumer report that is based

8 upon the consumer’s file as that file is re9 vised as a result of the reinvestigation;

10 ‘‘(iii) a notice that, if requested by the

11 consumer, a description of the procedure

12 used to determine the accuracy and com13 pleteness of the information shall be pro14 vided to the consumer by the agency, in15 cluding the business name and address of

16 any furnisher of information contacted in

17 connection with such information and the

18 telephone number of such furnisher, if rea19 sonably available;

20 ‘‘(iv) a notice that the consumer has

21 the right to add a statement to the con22 sumer’s file disputing the accuracy or com23 pleteness of the information; and

24 ‘‘(v) a notice that the consumer has

25 the right to request under subsection (d)
809

SJ 63 PCS

1 that the consumer reporting agency fur2 nish notifications under that subsection.

3 ‘‘(7) DESCRIPTION OF REINVESTIGATION PRO4 CEDURE.—A consumer reporting agency shall pro5 vide to a consumer a description referred to in para6 graph (6)(B)(iv) by not later than 15 days after re7 ceiving a request from the consumer for that de8 scription.

9 ‘‘(8) EXPEDITED DISPUTE RESOLUTION.—If a

10 dispute regarding an item of information in a con11 sumer’s file at a consumer reporting agency is re12 solved in accordance with paragraph (5)(A) by the

13 deletion of the disputed information by not later

14 than 3 business days after the date on which the

15 agency receives notice of the dispute from the

16 consumer in accordance with paragraph (1)(A), then

17 the agency shall not be required to comply with

18 paragraphs (2), (6), and (7) with respect to that dis19 pute if the agency—

20 ‘‘(A) provides prompt notice of the deletion

21 to the consumer by telephone;

22 ‘‘(B) includes in that notice, or in a writ23 ten notice that accompanies a confirmation and

24 consumer report provided in accordance with

25 subparagraph (C), a statement of the consum-
810

SJ 63 PCS

1 er’s right to request under subsection (d) that

2 the agency furnish notifications under that sub3 section; and

4 ‘‘(C) provides written confirmation of the

5 deletion and a copy of a consumer report on the

6 consumer that is based on the consumer’s file

7 after the deletion, not later than 5 business

8 days after making the deletion.’’.

9 (b) CONFORMING AMENDMENT.—Section 611(d) of

10 the Fair Credit Reporting Act (15 U.S.C. 1681i(d)) is

11 amended by striking ‘‘The consumer reporting agency

12 shall clearly’’ and all that follows through the end of the

13 subsection.

14 SEC. 410. CHARGES FOR CERTAIN DISCLOSURES.

15 Section 612 of the Fair Credit Reporting Act (15

16 U.S.C. 1681j) is amended to read as follows:

17 ‘‘SEC. 612. CHARGES FOR CERTAIN DISCLOSURES.

18 ‘‘(a) REASONABLE CHARGES ALLOWED FOR CER19 TAIN DISCLOSURES.—

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 sections (b), (c), and (d), a consumer reporting

22 agency may impose a reasonable charge on a

23 consumer—
811

SJ 63 PCS

1 ‘‘(A) for making a disclosure to the

2 consumer pursuant to section 609, which

3 charge—

4 ‘‘(i) shall not exceed $8; and

5 ‘‘(ii) shall be indicated to the

6 consumer prior to making the disclosure;

7 and

8 ‘‘(B) for furnishing, pursuant to section

9 611(d), following a reinvestigation under sec10 tion 611(a), a statement, codification, or sum11 mary to a person designated by the consumer

12 under that section after the 30-day period be13 ginning on the date of notification of the

14 consumer under paragraph (6) or (8) of section

15 611(a) with respect to the reinvestigation,

16 which charge—

17 ‘‘(i) shall not exceed the charge that

18 the agency would impose on each des19 ignated recipient for a consumer report;

20 and

21 ‘‘(ii) shall be indicated to the

22 consumer prior to furnishing such informa23 tion.

24 ‘‘(2) MODIFICATION OF AMOUNT.—The Federal

25 Trade Commission shall increase the amount re-
812

SJ 63 PCS

1 ferred to in paragraph (1)(A)(i) on January 1 of

2 each year, based proportionally on changes in the

3 Consumer Price Index, with fractional changes

4 rounded to the nearest fifty cents.

5 ‘‘(b) FREE DISCLOSURE AFTER ADVERSE NOTICE

6 TO CONSUMER.—Each consumer reporting agency that

7 maintains a file on a consumer shall make all disclosures

8 pursuant to section 609 without charge to the consumer

9 if, not later than 60 days after receipt by such consumer

10 of a notification pursuant to section 615, or of a notifica11 tion from a debt collection agency affiliated with that

12 consumer reporting agency stating that the consumer’s

13 credit rating may be or has been adversely affected, the

14 consumer makes a request under section 609.

15 ‘‘(c) FREE DISCLOSURE UNDER CERTAIN OTHER

16 CIRCUMSTANCES.—Upon the request of the consumer, a

17 consumer reporting agency shall make all disclosures pur18 suant to section 609 once during any 12-month period

19 without charge to that consumer if the consumer certifies

20 in writing that the consumer—

21 ‘‘(1) is unemployed and intends to apply for

22 employment in the 60-day period beginning on the

23 date on which the certification is made;

24 ‘‘(2) is a recipient of public welfare assistance;

25 or
813

SJ 63 PCS

1 ‘‘(3) has reason to believe that the file on the

2 consumer at the agency contains inaccurate informa3 tion due to fraud.

4 ‘‘(d) OTHER CHARGES PROHIBITED.—A consumer

5 reporting agency shall not impose any charge on a

6 consumer for providing any notification required by this

7 title or making any disclosure required by this title, except

8 as authorized by subsection (a).’’.

9 SEC. 411. DUTIES OF USERS OF CONSUMER REPORTS.

10 (a) DUTIES OF USERS TAKING ADVERSE ACTIONS.—

11 Section 615(a) of the Fair Credit Reporting Act (15

12 U.S.C. 1681m(a)) is amended to read as follows:

13 ‘‘(a) DUTIES OF USERS TAKING ADVERSE ACTIONS

14 ON THE BASIS OF INFORMATION CONTAINED IN

15 CONSUMER REPORTS.—If any person takes any adverse

16 action with respect to any consumer that is based in whole

17 or in part on any information contained in a consumer

18 report, the person shall—

19 ‘‘(1) provide oral, written, or electronic notice of

20 the adverse action to the consumer;

21 ‘‘(2) provide to the consumer orally, in writing,

22 or electronically—

23 ‘‘(A) the name, address, and telephone

24 number of the consumer reporting agency (in25 cluding a toll-free telephone number established
814

SJ 63 PCS

1 by the agency if the agency compiles and main2 tains files on consumers on a nationwide basis)

3 that furnished the report to the person; and

4 ‘‘(B) a statement that the consumer re5 porting agency did not make the decision to

6 take the adverse action and is unable to provide

7 the consumer the specific reasons why the ad8 verse action was taken; and

9 ‘‘(3) provide to the consumer an oral, written,

10 or electronic notice of the consumer’s right—

11 ‘‘(A) to obtain, under section 612, a free

12 copy of a consumer report on the consumer

13 from the consumer reporting agency referred to

14 in paragraph (2), which notice shall include an

15 indication of the 60-day period under that sec16 tion for obtaining such a copy; and

17 ‘‘(B) to dispute, under section 611, with a

18 consumer reporting agency the accuracy or

19 completeness of any information in a consumer

20 report furnished by the agency.’’.

21 (b) DUTIES OF USERS MAKING CERTAIN CREDIT SO22 LICITATIONS.—Section 615 of the Fair Credit Reporting

23 Act (15 U.S.C. 1681m) is amended by adding at the end

24 the following new subsection:
815

SJ 63 PCS

1 ‘‘(d) DUTIES OF USERS MAKING WRITTEN CREDIT

2 OR INSURANCE SOLICITATIONS ON THE BASIS OF INFOR3 MATION CONTAINED IN CONSUMER FILES.—

4 ‘‘(1) IN GENERAL.—Any person who uses a

5 consumer report on any consumer in connection with

6 any credit or insurance transaction that is not initi7 ated by the consumer, that is provided to that per8 son under section 604(c)(1)(B), shall provide with

9 each written solicitation made to the consumer re10 garding the transaction a clear and conspicuous

11 statement that—

12 ‘‘(A) information contained in the consum13 er’s consumer report was used in connection

14 with the transaction;

15 ‘‘(B) the consumer received the offer of

16 credit or insurance because the consumer satis17 fied the criteria for credit worthiness or insur18 ability under which the consumer was selected

19 for the offer;

20 ‘‘(C) if applicable, the credit or insurance

21 may not be extended if, after the consumer re22 sponds to the offer, the consumer does not meet

23 the criteria used to select the consumer for the

24 offer or any applicable criteria bearing on credit
816

SJ 63 PCS

1 worthiness or insurability or does not furnish

2 any required collateral;

3 ‘‘(D) the consumer has a right to prohibit

4 information contained in the consumer’s file

5 with any consumer reporting agency from being

6 used in connection with any credit or insurance

7 transaction that is not initiated by the

8 consumer; and

9 ‘‘(E) the consumer may exercise the right

10 referred to in subparagraph (D) by notifying a

11 notification system established under section

12 604(e).

13 ‘‘(2) DISCLOSURE OF ADDRESS AND TELE14 PHONE NUMBER.—A statement under paragraph (1)

15 shall include the address and toll-free telephone

16 number of the appropriate notification system estab17 lished under section 604(e).

18 ‘‘(3) MAINTAINING CRITERIA ON FILE.—A per19 son who makes an offer of credit or insurance to a

20 consumer under a credit or insurance transaction

21 described in paragraph (1) shall maintain on file the

22 criteria used to select the consumer to receive the

23 offer, all criteria bearing on credit worthiness or in24 surability, as applicable, that are the basis for deter25 mining whether or not to extend credit or insurance
817

SJ 63 PCS

1 pursuant to the offer, and any requirement for the

2 furnishing of collateral as a condition of the exten3 sion of credit or insurance, until the expiration of

4 the 3-year period beginning on the date on which the

5 offer is made to the consumer.

6 ‘‘(4) AUTHORITY OF FEDERAL AGENCIES RE7 GARDING UNFAIR OR DECEPTIVE ACTS OR PRAC8 TICES NOT AFFECTED.—This section is not intended

9 to affect the authority of any Federal or State agen10 cy to enforce a prohibition against unfair or decep11 tive acts or practices, including the making of false

12 or misleading statements in connection with a credit

13 or insurance transaction that is not initiated by the

14 consumer.’’.

15 (c) DUTIES OF USERS MAKING OTHER SOLICITA16 TIONS.—Section 615 of the Fair Credit Reporting Act (15

17 U.S.C. 1681m) is amended by adding at the end the fol18 lowing new subsection:

19 ‘‘(e) DUTIES OF USERS MAKING OTHER WRITTEN

20 SOLICITATIONS ON THE BASIS OF INFORMATION CON21 TAINED IN CONSUMER FILES.—

22 ‘‘(1) IN GENERAL.—A person who, in connec23 tion with any direct marketing transaction that is

24 not initiated by a consumer, uses a consumer report

25 on that consumer that is provided to that person
818

SJ 63 PCS

1 under section 604(a)(3)(F)(i)(II), shall provide with

2 the initial written solicitation made to the consumer

3 regarding the transaction a clear and conspicuous

4 statement that—

5 ‘‘(A) information contained in the consum6 er’s consumer report was used in connection

7 with the transaction;

8 ‘‘(B) the consumer has a right to prohibit

9 information contained in the consumer’s file

10 with any consumer reporting agency from being

11 used in connection with any direct marketing

12 transaction that is not initiated by the

13 consumer; and

14 ‘‘(C) the consumer may exercise the right

15 referred to in subparagraph (B) by notifying a

16 notification system established under section

17 604(e).

18 ‘‘(2) DISCLOSURE OF ADDRESS AND TELE19 PHONE NUMBER.—A statement under paragraph (1)

20 shall include the address and toll-free telephone

21 number of the appropriate notification system estab22 lished under section 604(e).

23 ‘‘(3) AUTHORITY OF FEDERAL AGENCIES RE24 GARDING UNFAIR OR DECEPTIVE ACTS OR PRAC25 TICES NOT AFFECTED.—This section is not intended
819

SJ 63 PCS

1 to affect the authority of any Federal or State agen2 cy to enforce a prohibition against unfair or decep3 tive acts or practices, including the making of false

4 or misleading statements in connection with a direct

5 marketing transaction that is not initiated by the

6 consumer.’’.

7 (d) CONFORMING AMENDMENT.—Section 615(c) of

8 the Fair Credit Reporting Act (15 U.S.C. 1681m(c)) is

9 amended by striking ‘‘subsections (a) and (b)’’ and insert10 ing ‘‘this section’’.

11 (e) DUTIES OF PERSON TAKING CERTAIN ACTIONS

12 BASED ON INFORMATION PROVIDED BY AFFILIATE.—

13 Section 615(b) of the Fair Credit Reporting Act (15

14 U.S.C. 1681m(b)) is amended—

15 (1) by striking ‘‘(b) Whenever credit’’ and in16 serting the following:

17 ‘‘(b) ADVERSE ACTION BASED ON INFORMATION OB18 TAINED FROM THIRD PARTIES OTHER THAN CONSUMER

19 REPORTING AGENCIES.—

20 ‘‘(1) IN GENERAL.—Whenever credit’’;

21 (2) by adding at the end the following new

22 paragraph:

23 ‘‘(2) DUTIES OF PERSON TAKING CERTAIN AC24 TIONS BASED ON INFORMATION PROVIDED BY

25 AFFILIATE.—
820

SJ 63 PCS

1 ‘‘(A) DUTIES, GENERALLY.—If a person

2 takes an action described in subparagraph (B)

3 with respect to a consumer, based in whole or

4 in part on information described in subpara5 graph (C), the person shall—

6 ‘‘(i) notify the consumer of the action,

7 including a statement that the consumer

8 may obtain the information in accordance

9 with clause (ii); and

10 ‘‘(ii) upon a written request from the

11 consumer received within 60 days after

12 transmittal of the notice required by clause

13 (i), disclose to the consumer the nature of

14 the information upon which the action is

15 based by not later than 30 days after re16 ceipt of the request.

17 ‘‘(B) ACTION DESCRIBED.—An action re18 ferred to in subparagraph (A) is an adverse ac19 tion described in section 603(k)(1)(A), taken in

20 connection with a transaction initiated by the

21 consumer, or any adverse action described in

22 clause (i) or (ii) of section 603(k)(1)(B).

23 ‘‘(C) INFORMATION DESCRIBED.—Informa24 tion referred to in subparagraph (A)—
821

SJ 63 PCS

1 ‘‘(i) except as provided in clause (ii),

2 is information that—

3 ‘‘(I) is furnished to the person

4 taking the action by a person related

5 by common ownership or affiliated by

6 common corporate control to the per7 son taking the action; and

8 ‘‘(II) bears on the credit worthi9 ness, credit standing, credit capacity,

10 character, general reputation, per11 sonal characteristics, or mode of living

12 of the consumer; and

13 ‘‘(ii) does not include—

14 ‘‘(I) information solely as to

15 transactions or experiences between

16 the consumer and the person furnish17 ing the information; or

18 ‘‘(II) information in a consumer

19 report.’’.

20 SEC. 412. CIVIL LIABILITY.

21 (a) CIVIL LIABILITY FOR WILLFUL NONCOMPLI22 ANCE.—Section 616 of the Fair Credit Reporting Act (15

23 U.S.C. 1681n) is amended by striking ‘‘Any consumer re24 porting agency or user of information which’’ and insert25 ing ‘‘(a) IN GENERAL.—Any person who’’.
822

SJ 63 PCS

1 (b) MINIMUM CIVIL LIABILITY FOR WILLFUL NON2 COMPLIANCE.—Section 616(a)(1) of the Fair Credit Re3 porting Act (15 U.S.C. 1681n(1)), as so designated by

4 subsection (a) of this section, is amended to read as fol5 lows:

6 ‘‘(1)(A) any actual damages sustained by the

7 consumer as a result of the failure or damages of

8 not less than $100 and not more than $1,000; or

9 ‘‘(B) in the case of liability of a natural person

10 for obtaining a consumer report under false pre11 tenses or knowingly without a permissible purpose,

12 actual damages sustained by the consumer as a re13 sult of the failure or $1,000, whichever is greater;’’.

14 (c) CIVIL LIABILITY FOR KNOWING NONCOMPLI15 ANCE.—Section 616 of the Fair Credit Reporting Act (15

16 U.S.C. 1681n) is amended by adding at the end the follow17 ing new subsection:

18 ‘‘(b) CIVIL LIABILITY FOR KNOWING NONCOMPLI19 ANCE.—Any person who obtains a consumer report from

20 a consumer reporting agency under false pretenses or

21 knowingly without a permissible purpose shall be liable to

22 the consumer reporting agency for actual damages sus23 tained by the consumer reporting agency or $1,000,

24 whichever is greater.’’.
823

SJ 63 PCS

1 (d) CIVIL LIABILITY FOR NEGLIGENT NONCOMPLI2 ANCE.—Section 617 of the Fair Credit Reporting Act (15

3 U.S.C. 1681o) is amended by striking ‘‘Any consumer re4 porting agency or user of information which’’ and insert5 ing ‘‘(a) IN GENERAL.—Any person who’’.

6 (e) ATTORNEY’S FEES.—

7 (1) WILLFUL NONCOMPLIANCE.—Section 616

8 of the Fair Credit Reporting Act (15 U.S.C. 1681n)

9 is amended by adding at the end the following new

10 subsection:

11 ‘‘(c) ATTORNEY’S FEES.—Upon a finding by the

12 court that an unsuccessful pleading, motion, or other

13 paper filed in connection with an action under this section

14 was filed in bad faith or for purposes of harassment, the

15 court shall award to the prevailing party attorney’s fees

16 reasonable in relation to the work expended in responding

17 to the pleading, motion, or other paper.’’.

18 (2) NEGLIGENT NONCOMPLIANCE.—Section

19 617 of the Fair Credit Reporting Act (15 U.S.C.

20 1681o) is amended by adding at the end the follow21 ing new subsection:

22 ‘‘(b) ATTORNEY’S FEES.—On a finding by the court

23 that an unsuccessful pleading, motion, or other paper filed

24 in connection with an action under this section was filed

25 in bad faith or for purposes of harassment, the court shall
824

SJ 63 PCS

1 award to the prevailing party attorney’s fees reasonable

2 in relation to the work expended in responding to the

3 pleading, motion, or other paper.’’.

4 SEC. 413. RESPONSIBILITIES OF PERSONS WHO FURNISH

5 INFORMATION TO CONSUMER REPORTING

6 AGENCIES.

7 (a) IN GENERAL.—The Fair Credit Reporting Act

8 (15 U.S.C. 1681 et seq.) is amended—

9 (1) by redesignating section 623 as section 624;

10 and

11 (2) by inserting after section 622 the following:

12 ‘‘SEC. 623. RESPONSIBILITIES OF FURNISHERS OF INFOR13 MATION TO CONSUMER REPORTING AGEN14 CIES.

15 ‘‘(a) DUTY OF FURNISHERS OF INFORMATION TO

16 PROVIDE ACCURATE INFORMATION.—

17 ‘‘(1) PROHIBITION.—

18 ‘‘(A) REPORTING INFORMATION WITH AC19 TUAL KNOWLEDGE OF ERRORS.—A person shall

20 not furnish any information relating to a

21 consumer to any consumer reporting agency if

22 the person knows or consciously avoids knowing

23 that the information is inaccurate.

24 ‘‘(B) REPORTING INFORMATION AFTER

25 NOTICE AND CONFIRMATION OF ERRORS.—A
825

SJ 63 PCS

1 person shall not furnish information relating to

2 a consumer to any consumer reporting agency

3 if—

4 ‘‘(i) the person has been notified by

5 the consumer, at the address specified by

6 the person for such notices, that specific

7 information is inaccurate; and

8 ‘‘(ii) the information is, in fact, inac9 curate.

10 ‘‘(C) NO ADDRESS REQUIREMENT.—A per11 son who clearly and conspicuously specifies to

12 the consumer an address for notices referred to

13 in subparagraph (B) shall not be subject to

14 subparagraph (A); however, nothing in subpara15 graph (B) shall require a person to specify such

16 an address.

17 ‘‘(2) DUTY TO CORRECT AND UPDATE INFOR18 MATION.—A person who—

19 ‘‘(A) regularly and in the ordinary course

20 of business furnishes information to one or

21 more consumer reporting agencies about the

22 person’s transactions or experiences with any

23 consumer; and
826

SJ 63 PCS

1 ‘‘(B) has furnished to a consumer report2 ing agency information that the person deter3 mines is not complete or accurate,

4 shall promptly notify the consumer reporting agency

5 of that determination and provide to the agency any

6 corrections to that information, or any additional in7 formation, that is necessary to make the information

8 provided by the person to the agency complete and

9 accurate, and shall not thereafter furnish to the

10 agency any of the information that remains not com11 plete or accurate.

12 ‘‘(3) DUTY TO PROVIDE NOTICE OF DISPUTE.—

13 If the completeness or accuracy of any information

14 furnished by any person to any consumer reporting

15 agency is disputed to such person by a consumer,

16 the person may not furnish the information to any

17 consumer reporting agency without notice that such

18 information is disputed by the consumer.

19 ‘‘(4) DUTY TO PROVIDE NOTICE OF CLOSED AC20 COUNTS.—A person who regularly and in the ordi21 nary course of business furnishes information to a

22 consumer reporting agency regarding a consumer

23 who has a credit account with that person shall no24 tify the agency of the voluntary closure of the ac-
827

SJ 63 PCS

1 count by the consumer, in information regularly fur2 nished for the period in which the account is closed.

3 ‘‘(5) DUTY TO PROVIDE NOTICE OF DELIN4 QUENCY OF ACCOUNTS.—A person who furnishes in5 formation to a consumer reporting agency regarding

6 a delinquent account being placed for collection,

7 charged to profit or loss, or subjected to any similar

8 action shall, not later than 90 days after furnishing

9 the information, notify the agency of the month and

10 year of the commencement of the delinquency that

11 immediately preceded the action.

12 ‘‘(b) DUTIES OF FURNISHERS OF INFORMATION

13 UPON NOTICE OF DISPUTE.—

14 ‘‘(1) IN GENERAL.—After receiving notice pur15 suant to section 611(a)(2) of a dispute with regard

16 to the completeness or accuracy of any information

17 provided by a person to a consumer reporting agen18 cy, the person shall—

19 ‘‘(A) conduct an investigation with respect

20 to the disputed information;

21 ‘‘(B) review all relevant information pro22 vided by the consumer reporting agency pursu23 ant to section 611(a)(2);

24 ‘‘(C) report the results of the investigation

25 to the consumer reporting agency; and
828

SJ 63 PCS

1 ‘‘(D) if the investigation finds that the in2 formation is incomplete or inaccurate, report

3 those results to all other consumer reporting

4 agencies to which the person furnished the in5 formation and that compile and maintain files

6 on consumers on a nationwide basis.

7 ‘‘(2) DEADLINE.—A person shall complete all

8 investigations, reviews, and reports required under

9 paragraph (1) regarding information provided by the

10 person to a consumer reporting agency, prior to the

11 expiration of the period under section 611(a)(1)

12 within which the consumer reporting agency is re13 quired to complete actions required by that section

14 regarding that information.

15 ‘‘(c) LIMITATION ON LIABILITY.—Sections 616 and

16 617 do not apply to any failure to comply with subsection

17 (a), except as provided in section 621(c)(1)(B).

18 ‘‘(d) LIMITATION ON ENFORCEMENT.—Subsection

19 (a) shall be enforced exclusively under section 621 by the

20 Federal agencies and officials and the State officials iden21 tified in that section.’’.

22 (b) CONFORMING AMENDMENT.—The table of sec23 tions at the beginning of the Fair Credit Reporting Act

24 (15 U.S.C. 1681a et seq.) is amended by striking the item

25 relating to section 623 and inserting the following:
829

SJ 63 PCS

‘‘623. Responsibilities of furnishers of information to consumer reporting agencies.

‘‘624. Relation to State laws.’’.

1 SEC. 414. INVESTIGATIVE CONSUMER REPORTS.

2 Section 606 of the Fair Credit Reporting Act (15

3 U.S.C. 1681d) is amended—

4 (1) in subsection (a)(1), by striking ‘‘or’’ at the

5 end and inserting ‘‘and’’;

6 (2) by striking subsection (a)(2) and inserting

7 the following:

8 ‘‘(2) the person certifies or has certified to the

9 consumer reporting agency that—

10 ‘‘(A) the person has made the disclosures

11 to the consumer required by paragraph (1); and

12 ‘‘(B) the person will comply with sub13 section (b).’’;

14 (3) in subsection (b), by striking ‘‘shall’’ the

15 second place such term appears; and

16 (4) by adding at the end the following new sub17 section:

18 ‘‘(d) PROHIBITIONS.—

19 ‘‘(1) CERTIFICATION.—A consumer reporting

20 agency shall not prepare or furnish an investigative

21 consumer report unless the agency has received a

22 certification under subsection (a)(2) from the person

23 who requested the report.
830

SJ 63 PCS

1 ‘‘(2) INQUIRIES.—A consumer reporting agency

2 shall not make an inquiry for the purpose of prepar3 ing an investigative consumer report on a consumer

4 for employment purposes if the making of the in5 quiry by an employer or prospective employer of the

6 consumer would violate any applicable Federal or

7 State equal employment opportunity law or regula8 tion.

9 ‘‘(3) CERTAIN PUBLIC RECORD INFORMA10 TION.—Except as otherwise provided in section 613,

11 a consumer reporting agency shall not furnish an in12 vestigative consumer report that includes informa13 tion that is a matter of public record and that re14 lates to an arrest, indictment, conviction, civil judi15 cial action, tax lien, or outstanding judgment, unless

16 the agency has verified the accuracy of the informa17 tion during the 30-day period ending on the date on

18 which the report is furnished.

19 ‘‘(4) CERTAIN ADVERSE INFORMATION.—A

20 consumer reporting agency shall not prepare or fur21 nish an investigative consumer report on a consumer

22 that contains information that is adverse to the in23 terest of the consumer and that is obtained through

24 a personal interview with a neighbor, friend, or asso25 ciate of the consumer or with another person with
831

SJ 63 PCS

1 whom the consumer is acquainted or who has knowl2 edge of such item of information, unless—

3 ‘‘(A) the agency has followed reasonable

4 procedures to obtain confirmation of the infor5 mation, from an additional source that has

6 independent and direct knowledge of the infor7 mation; or

8 ‘‘(B) the person interviewed is the best

9 possible source of the information.’’.

10 SEC. 415. INCREASED CRIMINAL PENALTIES FOR OBTAIN11 ING INFORMATION UNDER FALSE PRE12 TENSES.

13 (a) OBTAINING INFORMATION UNDER FALSE PRE14 TENSES.—Section 619 of the Fair Credit Reporting Act

15 (15 U.S.C. 1681q) is amended by striking ‘‘fined not more

16 than $5,000 or imprisoned not more than one year, or

17 both’’ and inserting ‘‘fined under title 18, United States

18 Code, imprisoned for not more than 2 years, or both’’.

19 (b) UNAUTHORIZED DISCLOSURES BY OFFICERS OR

20 EMPLOYEES.—Section 620 of the Fair Credit Reporting

21 Act (15 U.S.C. 1681r) is amended by striking ‘‘fined not

22 more than $5,000 or imprisoned not more than one year,

23 or both’’ and inserting ‘‘fined under title 18, United States

24 Code, imprisoned for not more than 2 years, or both’’.
832

SJ 63 PCS

1 SEC. 416. ADMINISTRATIVE ENFORCEMENT.

2 (a) AVAILABLE ENFORCEMENT POWERS.—Section

3 621(a) of the Fair Credit Reporting Act (15 U.S.C.

4 1681s(a)) is amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

6 (2) by adding at the end the following new

7 paragraph:

8 ‘‘(2)(A) In the event of a knowing violation, which

9 constitutes a pattern or practice of violations of this title,

10 the Commission may commence a civil action to recover

11 a civil penalty in a district court of the United States

12 against any person that violates this title. In such action,

13 such person shall be liable for a civil penalty of not more

14 than $2,500 per violation.

15 ‘‘(B) In determining the amount of a civil penalty

16 under subparagraph (A), the court shall take into account

17 the degree of culpability, any history of prior such con18 duct, ability to pay, effect on ability to continue to do busi19 ness, and such other matters as justice may require.

20 ‘‘(3) Notwithstanding paragraph (2), a court may not

21 impose any civil penalty on a person for a violation of sec22 tion 623(a)(1) unless the person has been enjoined from

23 committing the violation, or ordered not to commit the vio24 lation, in an action or proceeding brought by or on behalf

25 of the Federal Trade Commission, and has violated the

26 injunction or order, and the court may not impose any
833

SJ 63 PCS

1 civil penalty for any violation occurring before the date

2 of the violation of the injunction or order.

3 ‘‘(4) Neither the Commission nor any other agency

4 referred to in subsection (b) may promulgate trade regula5 tion rules or other regulations with respect to this title.’’.

6 (b) AGENCIES RESPONSIBLE FOR ENFORCEMENT.—

7 Section 621 of the Fair Credit Reporting Act (15 U.S.C.

8 1681s) is amended—

9 (1) in subsection (a), by inserting ‘‘ENFORCE10 MENT BY FEDERAL TRADE COMMISSION.—’’ before

11 ‘‘Compliance with the requirements’’;

12 (2) in subsection (b), by striking the matter

13 preceding paragraph (1) and inserting the following:

14 ‘‘(b) ENFORCEMENT BY OTHER AGENCIES.—Compli15 ance with the requirements imposed under this title with

16 respect to consumer reporting agencies, persons who use

17 consumer reports from such agencies, persons who furnish

18 information to such agencies, and users of information

19 that are subject to subsection (d) or (e) of section 615

20 shall be enforced under—’’; and

21 (3) in subsection (c), by adding at the end the

22 following: ‘‘Notwithstanding the preceding, no agen23 cy referred to in subsection (b) may conduct an ex24 amination of a bank, savings association, or credit

25 union regarding compliance with the provisions of
834

SJ 63 PCS

1 this title, except in response to a complaint (or if the

2 agency otherwise has knowledge) that the bank, sav3 ings association, or credit union has violated a provi4 sion of this title, in which case, the agency may con5 duct an examination as necessary to investigate the

6 complaint. If an agency determines during an inves7 tigation in response to a complaint that a violation

8 of this title has occurred, the agency may, during its

9 next 2 regularly scheduled examinations of the bank,

10 savings association, or credit union, examine for

11 compliance with this title.’’.

12 SEC. 417. STATE ENFORCEMENT OF FAIR CREDIT REPORT13 ING ACT.

14 Section 621 of the Fair Credit Reporting Act (15

15 U.S.C. 1681s) is amended—

16 (1) by redesignating subsection (c) as sub17 section (d); and

18 (2) by inserting after subsection (b) the follow19 ing new subsection:

20 ‘‘(c) STATE ACTION FOR VIOLATIONS.—

21 ‘‘(1) AUTHORITY OF STATES.—In addition to

22 such other remedies as are provided under State

23 law, if the chief law enforcement officer of a State,

24 or an official or agency designated by a State, has
835

SJ 63 PCS

1 reason to believe that any person has violated or is

2 violating this title, the State—

3 ‘‘(A) may bring an action to enjoin such

4 violation in any appropriate United States dis5 trict court or in any other court of competent

6 jurisdiction;

7 ‘‘(B) subject to paragraph (5), may bring

8 an action on behalf of the residents of the State

9 to recover—

10 ‘‘(i) damages for which the person is

11 liable to such residents under sections 616

12 and 617 as a result of the violation;

13 ‘‘(ii) in the case of a violation of sec14 tion 623(a), damages for which the person

15 would, but for section 623(c), be liable to

16 such residents as a result of the violation;

17 or

18 ‘‘(iii) damages of not more than

19 $1,000 for each willful or negligent viola20 tion; and

21 ‘‘(C) in the case of any successful action

22 under subparagraph (A) or (B), shall be award23 ed the costs of the action and reasonable attor24 ney fees as determined by the court.
836

SJ 63 PCS

1 ‘‘(2) RIGHTS OF FEDERAL REGULATORS.—The

2 State shall serve prior written notice of any action

3 under paragraph (1) upon the Federal Trade Com4 mission or the appropriate Federal regulator deter5 mined under subsection (b) and provide the Commis6 sion or appropriate Federal regulator with a copy of

7 its complaint, except in any case in which such prior

8 notice is not feasible, in which case the State shall

9 serve such notice immediately upon instituting such

10 action. The Federal Trade Commission or appro11 priate Federal regulator shall have the right—

12 ‘‘(A) to intervene in the action;

13 ‘‘(B) upon so intervening, to be heard on

14 all matters arising therein;

15 ‘‘(C) to remove the action to the appro16 priate United States district court; and

17 ‘‘(D) to file petitions for appeal.

18 ‘‘(3) INVESTIGATORY POWERS.—For purposes

19 of bringing any action under this subsection, nothing

20 in this subsection shall prevent the chief law enforce21 ment officer, or an official or agency designated by

22 a State, from exercising the powers conferred on the

23 chief law enforcement officer or such official by the

24 laws of such State to conduct investigations or to

25 administer oaths or affirmations or to compel the at-
837

SJ 63 PCS

1 tendance of witnesses or the production of documen2 tary and other evidence.

3 ‘‘(4) LIMITATION ON STATE ACTION WHILE

4 FEDERAL ACTION PENDING.—If the Federal Trade

5 Commission or the appropriate Federal regulator

6 has instituted a civil action or an administrative ac7 tion under section 8 of the Federal Deposit Insur8 ance Act for a violation of this title, no State may,

9 during the pendency of such action, bring an action

10 under this section against any defendant named in

11 the complaint of the Commission or the appropriate

12 Federal regulator for any violation of this title that

13 is alleged in that complaint.

14 ‘‘(5) LIMITATIONS ON STATE ACTIONS FOR VIO15 LATION OF SECTION 623(a)(1).—

16 ‘‘(A) VIOLATION OF INJUNCTION RE17 QUIRED.—A State may not bring an action

18 against a person under paragraph (1)(B) for a

19 violation of section 623(a)(1), unless—

20 ‘‘(i) the person has been enjoined

21 from committing the violation, in an action

22 brought by the State under paragraph

23 (1)(A); and

24 ‘‘(ii) the person has violated the in25 junction.
838

SJ 63 PCS

1 ‘‘(B) LIMITATION ON DAMAGES RECOVER2 ABLE.—In an action against a person under

3 paragraph (1)(B) for a violation of section

4 623(a)(1), a State may not recover any dam5 ages incurred before the date of the violation of

6 an injunction on which the action is based.’’.

7 SEC. 418. FEDERAL RESERVE BOARD AUTHORITY.

8 Section 621 of the Fair Credit Reporting Act (15

9 U.S.C. 1681s) is amended by adding at the end the follow10 ing new subsection:

11 ‘‘(e) INTERPRETIVE AUTHORITY.—The Board of

12 Governors of the Federal Reserve System may issue inter13 pretations of any provision of this title as such provision

14 may apply to any persons identified under paragraph (1),

15 (2), and (3) of subsection (b), or to the holding companies

16 and affiliates of such persons, in consultation with Federal

17 agencies identified in paragraphs (1), (2), and (3) of sub18 section (b).’’.

19 SEC. 419. PREEMPTION OF STATE LAW.

20 Section 624 of the Fair Credit Reporting Act (as re21 designated by section 413(a) of this division) is amend22 ed—

23 (1) by striking ‘‘This title’’ and inserting ‘‘(a)

24 IN GENERAL.—Except as provided in subsections

25 (b) and (c), this title’’; and
839

SJ 63 PCS

1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) GENERAL EXCEPTIONS.—No requirement or

4 prohibition may be imposed under the laws of any State—

5 ‘‘(1) with respect to any subject matter regu6 lated under—

7 ‘‘(A) subsection (c) or (e) of section 604,

8 relating to the prescreening of consumer re9 ports;

10 ‘‘(B) section 611, relating to the time by

11 which a consumer reporting agency must take

12 any action, including the provision of notifica13 tion to a consumer or other person, in any pro14 cedure related to the disputed accuracy of infor15 mation in a consumer’s file, except that this

16 subparagraph does not apply to any State law

17 in effect on the date of enactment of the

18 Consumer Credit Reporting Reform Act of

19 1996;

20 ‘‘(C) subsections (a) and (b) of section

21 615, relating to the duties of a person who

22 takes any adverse action with respect to a

23 consumer;

24 ‘‘(D) section 615(d), relating to the duties

25 of persons who use a consumer report of a
840

SJ 63 PCS

1 consumer in connection with any credit or in2 surance transaction that is not initiated by the

3 consumer and that consists of a firm offer of

4 credit or insurance;

5 ‘‘(E) section 615(e), relating to the duties

6 of persons who use a consumer report of a

7 consumer in connection with any direct market8 ing transaction that is not initiated by the

9 consumer;

10 ‘‘(F) section 605, relating to information

11 contained in consumer reports, except that this

12 subparagraph does not apply to any State law

13 in effect on the date of enactment of the

14 Consumer Credit Reporting Reform Act of

15 1996; or

16 ‘‘(G) section 623, relating to the respon17 sibilities of persons who furnish information to

18 consumer reporting agencies, except that this

19 paragraph does not apply—

20 ‘‘(i) with respect to section 54A(a) of

21 chapter 93 of the Massachusetts Anno22 tated Laws (as in effect on the date of en23 actment of the Consumer Credit Reporting

24 Reform Act of 1996); or
841

SJ 63 PCS

1 ‘‘(ii) with respect to section

2 1785.25(a) of the California Civil Code (as

3 in effect on the date of enactment of the

4 Consumer Credit Reporting Reform Act of

5 1996);

6 ‘‘(2) with respect to the exchange of informa7 tion among persons affiliated by common ownership

8 or common corporate control, except that this para9 graph does not apply with respect to subsection (a)

10 or (c)(1) of section 2480e of title 9, Vermont Stat11 utes Annotated (as in effect on the date of enact12 ment of the Consumer Credit Reporting Reform Act

13 of 1996); or

14 ‘‘(3) with respect to the form and content of

15 any disclosure required to be made under section

16 609(c).

17 ‘‘(c) DEFINITION OF FIRM OFFER OF CREDIT OR IN18 SURANCE.—Notwithstanding any definition of the term

19 ‘firm offer of credit or insurance’ (or any equivalent term)

20 under the laws of any State, the definition of that term

21 contained in section 603(l) shall be construed to apply in

22 the enforcement and interpretation of the laws of any

23 State governing consumer reports.

24 ‘‘(d) LIMITATIONS.—Subsections (b) and (c)—
842

SJ 63 PCS

1 ‘‘(1) do not affect any settlement, agreement, or

2 consent judgment between any State Attorney Gen3 eral and any consumer reporting agency in effect on

4 the date of enactment of the Consumer Credit Re5 porting Reform Act of 1996; and

6 ‘‘(2) do not apply to any provision of State law

7 (including any provision of a State constitution)

8 that—

9 ‘‘(A) is enacted after January 1, 2004;

10 ‘‘(B) states explicitly that the provision is

11 intended to supplement this title; and

12 ‘‘(C) gives greater protection to consumers

13 than is provided under this title.’’.

14 SEC. 420. EFFECTIVE DATE.

15 (a) IN GENERAL.—Except as otherwise specifically

16 provided in this subtitle, the amendments made by this

17 subtitle shall become effective 365 days after the date of

18 enactment of this Act.

19 (b) EARLY COMPLIANCE.—Any person or other entity

20 that is subject to the requirements of this subtitle may,

21 at its option, comply with any provision of this subtitle

22 prior to the date on which that provision becomes effective

23 under this subtitle, in which case, each of the correspond24 ing provisions of this subtitle shall be fully applicable to

25 such person or entity.
843

SJ 63 PCS

1 SEC. 421. RELATIONSHIP TO OTHER LAW.

2 Nothing in this subtitle or the amendments made by

3 this subtitle shall be considered to supersede or otherwise

4 affect section 2721 of title 18, United States Code, with

5 respect to motor vehicle records for surveys, marketing,

6 or solicitations.

7 Subtitle B—Credit Repair

8 Organizations

9 SEC. 451. REGULATION OF CREDIT REPAIR ORGANIZA10 TIONS.

11 Title IV of the Consumer Credit Protection Act (Pub12 lic Law 90–321, 82 Stat. 164) is amended to read as fol13 lows:

14 ‘‘TITLE IV—CREDIT REPAIR

15 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.

16 ‘‘SEC. 401. SHORT TITLE.

17 ‘‘This title may be cited as the ‘Credit Repair Organi18 zations Act’.
844

SJ 63 PCS

1 ‘‘SEC. 402. FINDINGS AND PURPOSES.

2 ‘‘(a) FINDINGS.—The Congress makes the following

3 findings:

4 ‘‘(1) Consumers have a vital interest in estab5 lishing and maintaining their credit worthiness and

6 credit standing in order to obtain and use credit. As

7 a result, consumers who have experienced credit

8 problems may seek assistance from credit repair or9 ganizations which offer to improve the credit stand10 ing of such consumers.

11 ‘‘(2) Certain advertising and business practices

12 of some companies engaged in the business of credit

13 repair services have worked a financial hardship

14 upon consumers, particularly those of limited eco15 nomic means and who are inexperienced in credit

16 matters.

17 ‘‘(b) PURPOSES.—The purposes of this title are—

18 ‘‘(1) to ensure that prospective buyers of the

19 services of credit repair organizations are provided

20 with the information necessary to make an informed

21 decision regarding the purchase of such services; and

22 ‘‘(2) to protect the public from unfair or decep23 tive advertising and business practices by credit re24 pair organizations.
845

SJ 63 PCS

1 ‘‘SEC. 403. DEFINITIONS.

2 ‘‘For purposes of this title, the following definitions

3 apply:

4 ‘‘(1) CONSUMER.—The term ‘consumer’ means

5 an individual.

6 ‘‘(2) CONSUMER CREDIT TRANSACTION.—The

7 term ‘consumer credit transaction’ means any trans8 action in which credit is offered or extended to an

9 individual for personal, family, or household pur10 poses.

11 ‘‘(3) CREDIT REPAIR ORGANIZATION.—The

12 term ‘credit repair organization’—

13 ‘‘(A) means any person who uses any in14 strumentality of interstate commerce or the

15 mails to sell, provide, or perform (or represent

16 that such person can or will sell, provide, or

17 perform) any service, in return for the payment

18 of money or other valuable consideration, for

19 the express or implied purpose of—

20 ‘‘(i) improving any consumer’s credit

21 record, credit history, or credit rating; or

22 ‘‘(ii) providing advice or assistance to

23 any consumer with regard to any activity

24 or service described in clause (i); and

25 ‘‘(B) does not include—
846

SJ 63 PCS

1 ‘‘(i) any nonprofit organization which

2 is exempt from taxation under section

3 501(c)(3) of the Internal Revenue Code of

4 1986;

5 ‘‘(ii) any creditor (as defined in sec6 tion 103 of the Truth in Lending Act),

7 with respect to any consumer, to the extent

8 the creditor is assisting the consumer to

9 restructure any debt owed by the consumer

10 to the creditor; or

11 ‘‘(iii) any depository institution (as

12 that term is defined in section 3 of the

13 Federal Deposit Insurance Act) or any

14 Federal or State credit union (as those

15 terms are defined in section 101 of the

16 Federal Credit Union Act), or any affiliate

17 or subsidiary of such a depository institu18 tion or credit union.

19 ‘‘(4) CREDIT.—The term ‘credit’ has the mean20 ing given to such term in section 103(e) of this Act.

21 ‘‘SEC. 404. PROHIBITED PRACTICES.

22 ‘‘(a) IN GENERAL.—No person may—

23 ‘‘(1) make any statement, or counsel or advise

24 any consumer to make any statement, which is un25 true or misleading (or which, upon the exercise of
847

SJ 63 PCS

1 reasonable care, should be known by the credit re2 pair organization, officer, employee, agent, or other

3 person to be untrue or misleading) with respect to

4 any consumer’s credit worthiness, credit standing, or

5 credit capacity to—

6 ‘‘(A) any consumer reporting agency (as

7 defined in section 603(f) of this Act); or

8 ‘‘(B) any person—

9 ‘‘(i) who has extended credit to the

10 consumer; or

11 ‘‘(ii) to whom the consumer has ap12 plied or is applying for an extension of

13 credit;

14 ‘‘(2) make any statement, or counsel or advise

15 any consumer to make any statement, the intended

16 effect of which is to alter the consumer’s identifica17 tion to prevent the display of the consumer’s credit

18 record, history, or rating for the purpose of conceal19 ing adverse information that is accurate and not ob20 solete to—

21 ‘‘(A) any consumer reporting agency;

22 ‘‘(B) any person—

23 ‘‘(i) who has extended credit to the

24 consumer; or
848

SJ 63 PCS

1 ‘‘(ii) to whom the consumer has ap2 plied or is applying for an extension of

3 credit;

4 ‘‘(3) make or use any untrue or misleading rep5 resentation of the services of the credit repair orga6 nization; or

7 ‘‘(4) engage, directly or indirectly, in any act,

8 practice, or course of business that constitutes or re9 sults in the commission of, or an attempt to commit,

10 a fraud or deception on any person in connection

11 with the offer or sale of the services of the credit re12 pair organization.

13 ‘‘(b) PAYMENT IN ADVANCE.—No credit repair orga14 nization may charge or receive any money or other valu15 able consideration for the performance of any service

16 which the credit repair organization has agreed to perform

17 for any consumer before such service is fully performed.

18 ‘‘SEC. 405. DISCLOSURES.

19 ‘‘(a) DISCLOSURE REQUIRED.—Any credit repair or20 ganization shall provide any consumer with the following

21 written statement before any contract or agreement be22 tween the consumer and the credit repair organization is

23 executed:
849

SJ 63 PCS

1 ‘‘ ‘Consumer Credit File Rights

2 Under State and Federal Law

3 ‘‘ ‘You have a right to dispute inaccurate information

4 in your credit report by contacting the credit bureau di5 rectly. However, neither you nor any ‘‘credit repair’’ com6 pany or credit repair organization has the right to have

7 accurate, current, and verifiable information removed

8 from your credit report. The credit bureau must remove

9 accurate, negative information from your report only if it

10 is over 7 years old. Bankruptcy information can be re11 ported for 10 years.

12 ‘‘ ‘You have a right to obtain a copy of your credit

13 report from a credit bureau. You may be charged a rea14 sonable fee. There is no fee, however, if you have been

15 turned down for credit, employment, insurance, or a rental

16 dwelling because of information in your credit report with17 in the preceding 60 days. The credit bureau must provide

18 someone to help you interpret the information in your

19 credit file. You are entitled to receive a free copy of your

20 credit report if you are unemployed and intend to apply

21 for employment in the next 60 days, if you are a recipient

22 of public welfare assistance, or if you have reason to be23 lieve that there is inaccurate information in your credit

24 report due to fraud.
850

SJ 63 PCS

1 ‘‘ ‘You have a right to sue a credit repair organization

2 that violates the Credit Repair Organization Act. This law

3 prohibits deceptive practices by credit repair organiza4 tions.

5 ‘‘ ‘You have the right to cancel your contract with any

6 credit repair organization for any reason within 3 business

7 days from the date you signed it.

8 ‘‘ ‘Credit bureaus are required to follow reasonable

9 procedures to ensure that the information they report is

10 accurate. However, mistakes may occur.

11 ‘‘ ‘You may, on your own, notify a credit bureau in

12 writing that you dispute the accuracy of information in

13 your credit file. The credit bureau must then reinvestigate

14 and modify or remove inaccurate or incomplete informa15 tion. The credit bureau may not charge any fee for this

16 service. Any pertinent information and copies of all docu17 ments you have concerning an error should be given to

18 the credit bureau.

19 ‘‘ ‘If the credit bureau’s reinvestigation does not re20 solve the dispute to your satisfaction, you may send a brief

21 statement to the credit bureau, to be kept in your file,

22 explaining why you think the record is inaccurate. The

23 credit bureau must include a summary of your statement

24 about disputed information with any report it issues about

25 you.
851

SJ 63 PCS

1 ‘‘ ‘The Federal Trade Commission regulates credit

2 bureaus and credit repair organizations. For more infor3 mation contact:

4 ‘‘ ‘The Public Reference Branch

5 ‘‘ ‘Federal Trade Commission

6 ‘‘ ‘Washington, D.C. 20580’.

7 ‘‘(b) SEPARATE STATEMENT REQUIREMENT.—The

8 written statement required under this section shall be pro9 vided as a document which is separate from any written

10 contract or other agreement between the credit repair or11 ganization and the consumer or any other written material

12 provided to the consumer.

13 ‘‘(c) RETENTION OF COMPLIANCE RECORDS.—

14 ‘‘(1) IN GENERAL.—The credit repair organiza15 tion shall maintain a copy of the statement signed

16 by the consumer acknowledging receipt of the state17 ment.

18 ‘‘(2) MAINTENANCE FOR 2 YEARS.—The copy

19 of any consumer’s statement shall be maintained in

20 the organization’s files for 2 years after the date on

21 which the statement is signed by the consumer.

22 ‘‘SEC. 406. CREDIT REPAIR ORGANIZATIONS CONTRACTS.

23 ‘‘(a) WRITTEN CONTRACTS REQUIRED.—No services

24 may be provided by any credit repair organization for any

25 consumer—
852

SJ 63 PCS

1 ‘‘(1) unless a written and dated contract (for

2 the purchase of such services) which meets the re3 quirements of subsection (b) has been signed by the

4 consumer; or

5 ‘‘(2) before the end of the 3-business-day period

6 beginning on the date the contract is signed.

7 ‘‘(b) TERMS AND CONDITIONS OF CONTRACT.—No

8 contract referred to in subsection (a) meets the require9 ments of this subsection unless such contract includes (in

10 writing)—

11 ‘‘(1) the terms and conditions of payment, in12 cluding the total amount of all payments to be made

13 by the consumer to the credit repair organization or

14 to any other person;

15 ‘‘(2) a full and detailed description of the serv16 ices to be performed by the credit repair organiza17 tion for the consumer, including—

18 ‘‘(A) all guarantees of performance; and

19 ‘‘(B) an estimate of—

20 ‘‘(i) the date by which the perform21 ance of the services (to be performed by

22 the credit repair organization or any other

23 person) will be complete; or

24 ‘‘(ii) the length of the period nec25 essary to perform such services;
853

SJ 63 PCS

1 ‘‘(3) the credit repair organization’s name and

2 principal business address; and

3 ‘‘(4) a conspicuous statement in bold face type,

4 in immediate proximity to the space reserved for the

5 consumer’s signature on the contract, which reads as

6 follows: ‘You may cancel this contract without pen7 alty or obligation at any time before midnight of the

8 3rd business day after the date on which you signed

9 the contract. See the attached notice of cancellation

10 form for an explanation of this right.’.

11 ‘‘SEC. 407. RIGHT TO CANCEL CONTRACT.

12 ‘‘(a) IN GENERAL.—Any consumer may cancel any

13 contract with any credit repair organization without pen14 alty or obligation by notifying the credit repair organiza15 tion of the consumer’s intention to do so at any time be16 fore midnight of the 3rd business day which begins after

17 the date on which the contract or agreement between the

18 consumer and the credit repair organization is executed

19 or would, but for this subsection, become enforceable

20 against the parties.

21 ‘‘(b) CANCELLATION FORM AND OTHER INFORMA22 TION.—Each contract shall be accompanied by a form, in

23 duplicate, which has the heading ‘Notice of Cancellation’

24 and contains in bold face type the following statement:
854

SJ 63 PCS

1 ‘‘ ‘You may cancel this contract, without any

2 penalty or obligation, at any time before midnight of

3 the 3rd day which begins after the date the contract

4 is signed by you.

5 ‘‘ ‘To cancel this contract, mail or deliver a

6 signed, dated copy of this cancellation notice, or any

7 other written notice to [ name of credit repair

8 organization ] at [ address of credit repair

9 organization ] before midnight on [ date ]

10 ‘‘ ‘I hereby cancel this transaction,

11 [ date ]

12 [ purchaser’s signature ].’.

13 ‘‘(c) CONSUMER COPY OF CONTRACT REQUIRED.—

14 Any consumer who enters into any contract with any cred15 it repair organization shall be given, by the organization—

16 ‘‘(1) a copy of the completed contract and the

17 disclosure statement required under section 405; and

18 ‘‘(2) a copy of any other document the credit

19 repair organization requires the consumer to sign,

20 at the time the contract or the other document is signed.

21 ‘‘SEC. 408. NONCOMPLIANCE WITH THIS TITLE.

22 ‘‘(a) CONSUMER WAIVERS INVALID.—Any waiver by

23 any consumer of any protection provided by or any right

24 of the consumer under this title—

25 ‘‘(1) shall be treated as void; and
855

SJ 63 PCS

1 ‘‘(2) may not be enforced by any Federal or

2 State court or any other person.

3 ‘‘(b) ATTEMPT TO OBTAIN WAIVER.—Any attempt

4 by any person to obtain a waiver from any consumer of

5 any protection provided by or any right of the consumer

6 under this title shall be treated as a violation of this title.

7 ‘‘(c) CONTRACTS NOT IN COMPLIANCE.—Any con8 tract for services which does not comply with the applica9 ble provisions of this title—

10 ‘‘(1) shall be treated as void; and

11 ‘‘(2) may not be enforced by any Federal or

12 State court or any other person.

13 ‘‘SEC. 409. CIVIL LIABILITY.

14 ‘‘(a) LIABILITY ESTABLISHED.—Any person who

15 fails to comply with any provision of this title with respect

16 to any other person shall be liable to such person in an

17 amount equal to the sum of the amounts determined

18 under each of the following paragraphs:

19 ‘‘(1) ACTUAL DAMAGES.—The greater of—

20 ‘‘(A) the amount of any actual damage

21 sustained by such person as a result of such

22 failure; or

23 ‘‘(B) any amount paid by the person to the

24 credit repair organization.

25 ‘‘(2) PUNITIVE DAMAGES.—
856

SJ 63 PCS

1 ‘‘(A) INDIVIDUAL ACTIONS.—In the case of

2 any action by an individual, such additional

3 amount as the court may allow.

4 ‘‘(B) CLASS ACTIONS.—In the case of a

5 class action, the sum of—

6 ‘‘(i) the aggregate of the amount

7 which the court may allow for each named

8 plaintiff; and

9 ‘‘(ii) the aggregate of the amount

10 which the court may allow for each other

11 class member, without regard to any mini12 mum individual recovery.

13 ‘‘(3) ATTORNEYS’ FEES.—In the case of any

14 successful action to enforce any liability under para15 graph (1) or (2), the costs of the action, together

16 with reasonable attorneys’ fees.

17 ‘‘(b) FACTORS TO BE CONSIDERED IN AWARDING

18 PUNITIVE DAMAGES.—In determining the amount of any

19 liability of any credit repair organization under subsection

20 (a)(2), the court shall consider, among other relevant fac21 tors—

22 ‘‘(1) the frequency and persistence of non23 compliance by the credit repair organization;

24 ‘‘(2) the nature of the noncompliance;
857

SJ 63 PCS

1 ‘‘(3) the extent to which such noncompliance

2 was intentional; and

3 ‘‘(4) in the case of any class action, the number

4 of consumers adversely affected.

5 ‘‘SEC. 410. ADMINISTRATIVE ENFORCEMENT.

6 ‘‘(a) IN GENERAL.—Compliance with the require7 ments imposed under this title with respect to credit repair

8 organizations shall be enforced under the Federal Trade

9 Commission Act by the Federal Trade Commission.

10 ‘‘(b) VIOLATIONS OF THIS TITLE TREATED AS VIO11 LATIONS OF FEDERAL TRADE COMMISSION ACT.—

12 ‘‘(1) IN GENERAL.—For the purpose of the ex13 ercise by the Federal Trade Commission of the Com14 mission’s functions and powers under the Federal

15 Trade Commission Act, any violation of any require16 ment or prohibition imposed under this title with re17 spect to credit repair organizations shall constitute

18 an unfair or deceptive act or practice in commerce

19 in violation of section 5(a) of the Federal Trade

20 Commission Act.

21 ‘‘(2) ENFORCEMENT AUTHORITY UNDER OTHER

22 LAW.—All functions and powers of the Federal

23 Trade Commission under the Federal Trade Com24 mission Act shall be available to the Commission to

25 enforce compliance with this title by any person sub-
858

SJ 63 PCS

1 ject to enforcement by the Federal Trade Commis2 sion pursuant to this subsection, including the power

3 to enforce the provisions of this title in the same

4 manner as if the violation had been a violation of

5 any Federal Trade Commission trade regulation

6 rule, without regard to whether the credit repair or7 ganization—

8 ‘‘(A) is engaged in commerce; or

9 ‘‘(B) meets any other jurisdictional tests in

10 the Federal Trade Commission Act.

11 ‘‘(c) STATE ACTION FOR VIOLATIONS.—

12 ‘‘(1) AUTHORITY OF STATES.—In addition to

13 such other remedies as are provided under State

14 law, whenever the chief law enforcement officer of a

15 State, or an official or agency designated by a State,

16 has reason to believe that any person has violated or

17 is violating this title, the State—

18 ‘‘(A) may bring an action to enjoin such

19 violation;

20 ‘‘(B) may bring an action on behalf of its

21 residents to recover damages for which the per22 son is liable to such residents under section 409

23 as a result of the violation; and

24 ‘‘(C) in the case of any successful action

25 under subparagraph (A) or (B), shall be award-
859

SJ 63 PCS

1 ed the costs of the action and reasonable attor2 ney fees as determined by the court.

3 ‘‘(2) RIGHTS OF COMMISSION.—

4 ‘‘(A) NOTICE TO COMMISSION.—The State

5 shall serve prior written notice of any civil ac6 tion under paragraph (1) upon the Federal

7 Trade Commission and provide the Commission

8 with a copy of its complaint, except in any case

9 where such prior notice is not feasible, in which

10 case the State shall serve such notice imme11 diately upon instituting such action.

12 ‘‘(B) INTERVENTION.—The Commission

13 shall have the right—

14 ‘‘(i) to intervene in any action re15 ferred to in subparagraph (A);

16 ‘‘(ii) upon so intervening, to be heard

17 on all matters arising in the action; and

18 ‘‘(iii) to file petitions for appeal.

19 ‘‘(3) INVESTIGATORY POWERS.—For purposes

20 of bringing any action under this subsection, nothing

21 in this subsection shall prevent the chief law enforce22 ment officer, or an official or agency designated by

23 a State, from exercising the powers conferred on the

24 chief law enforcement officer or such official by the

25 laws of such State to conduct investigations or to
860

SJ 63 PCS

1 administer oaths or affirmations or to compel the at2 tendance of witnesses or the production of documen3 tary and other evidence.

4 ‘‘(4) LIMITATION.—Whenever the Federal

5 Trade Commission has instituted a civil action for

6 violation of this title, no State may, during the pend7 ency of such action, bring an action under this sec8 tion against any defendant named in the complaint

9 of the Commission for any violation of this title that

10 is alleged in that complaint.

11 ‘‘SEC. 411. STATUTE OF LIMITATIONS.

12 ‘‘Any action to enforce any liability under this title

13 may be brought before the later of—

14 ‘‘(1) the end of the 5-year period beginning on

15 the date of the occurrence of the violation involved;

16 or

17 ‘‘(2) in any case in which any credit repair or18 ganization has materially and willfully misrepre19 sented any information which—

20 ‘‘(A) the credit repair organization is re21 quired, by any provision of this title, to disclose

22 to any consumer; and

23 ‘‘(B) is material to the establishment of

24 the credit repair organization’s liability to the

25 consumer under this title,
861

SJ 63 PCS

1 the end of the 5-year period beginning on the date

2 of the discovery by the consumer of the misrepresen3 tation.

4 ‘‘SEC. 412. RELATION TO STATE LAW.

5 ‘‘This title shall not annul, alter, affect, or exempt

6 any person subject to the provisions of this title from com7 plying with any law of any State except to the extent that

8 such law is inconsistent with any provision of this title,

9 and then only to the extent of the inconsistency.

10 ‘‘SEC. 413. EFFECTIVE DATE.

11 ‘‘This title shall apply after the end of the 6-month

12 period beginning on the date of the enactment of the Cred13 it Repair Organizations Act, except with respect to con14 tracts entered into by a credit repair organization before

15 the end of such period.’’.

16 SEC. 452. CREDIT WORTHINESS.

17 It is the sense of the Senate that—

18 (1) individuals should generally be judged for

19 credit worthiness based on their own credit worthi20 ness and not on the zip code or neighborhood in

21 which they live; and

22 (2) the Federal Trade Commission, after con23 sultation with the appropriate Federal banking agen24 cy, should report to the Committee on Banking,

25 Housing, and Urban Affairs of the Senate as to
862

SJ 63 PCS

1 whether and how the location of the residence of an

2 applicant for unsecured credit is considered by many

3 companies and financial institutions in deciding

4 whether an applicant should be granted credit.

5 TITLE V—ASSET CONSERVA6 TION, LENDER LIABILITY,

7 AND DEPOSIT INSURANCE

8 PROTECTION

9 SEC. 501. SHORT TITLE.

10 This title may be cited as the ‘‘Asset Conservation,

11 Lender Liability, and Deposit Insurance Protection Act of

12 1996’’.

13 SEC. 502. CERCLA LENDER AND FIDUCIARY LIABILITY

14 LIMITATIONS AMENDMENTS.

15 (a) IN GENERAL.—Section 107 of the Comprehensive

16 Environmental Response, Compensation, and Liability Act

17 of 1980 (42 U.S.C. 9607) is amended by adding at the

18 end the following:

19 ‘‘(n) LIABILITY OF FIDUCIARIES.—

20 ‘‘(1) IN GENERAL.—The liability of a fiduciary

21 under any provision of this Act for the release or

22 threatened release of a hazardous substance at,

23 from, or in connection with a vessel or facility held

24 in a fiduciary capacity shall not exceed the assets

25 held in the fiduciary capacity.
863

SJ 63 PCS

1 ‘‘(2) EXCLUSION.—Paragraph (1) does not

2 apply to the extent that a person is liable under this

3 Act independently of the person’s ownership of a

4 vessel or facility as a fiduciary or actions taken in

5 a fiduciary capacity.

6 ‘‘(3) LIMITATION.—Paragraphs (1) and (4) do

7 not limit the liability pertaining to a release or

8 threatened release of a hazardous substance if neg9 ligence of a fiduciary causes or contributes to the re10 lease or threatened release.

11 ‘‘(4) SAFE HARBOR.—A fiduciary shall not be

12 liable in its personal capacity under this Act for—

13 ‘‘(A) undertaking or directing another per14 son to undertake a response action under sub15 section (d)(1) or under the direction of an on

16 scene coordinator designated under the Na17 tional Contingency Plan;

18 ‘‘(B) undertaking or directing another per19 son to undertake any other lawful means of ad20 dressing a hazardous substance in connection

21 with the vessel or facility;

22 ‘‘(C) terminating the fiduciary relationship;

23 ‘‘(D) including in the terms of the fidu24 ciary agreement a covenant, warranty, or other

25 term or condition that relates to compliance
864

SJ 63 PCS

1 with an environmental law, or monitoring,

2 modifying or enforcing the term or condition;

3 ‘‘(E) monitoring or undertaking 1 or more

4 inspections of the vessel or facility;

5 ‘‘(F) providing financial or other advice or

6 counseling to other parties to the fiduciary rela7 tionship, including the settlor or beneficiary;

8 ‘‘(G) restructuring, renegotiating, or other9 wise altering the terms and conditions of the fi10 duciary relationship;

11 ‘‘(H) administering, as a fiduciary, a vessel

12 or facility that was contaminated before the fi13 duciary relationship began; or

14 ‘‘(I) declining to take any of the actions

15 described in subparagraphs (B) through (H).

16 ‘‘(5) DEFINITIONS.—As used in this Act:

17 ‘‘(A) FIDUCIARY.—The term ‘fiduciary’—

18 ‘‘(i) means a person acting for the

19 benefit of another party as a bona fide—

20 ‘‘(I) trustee;

21 ‘‘(II) executor;

22 ‘‘(III) administrator;

23 ‘‘(IV) custodian;

24 ‘‘(V) guardian of estates or

25 guardian ad litem;
865

SJ 63 PCS

1 ‘‘(VI) receiver;

2 ‘‘(VII) conservator;

3 ‘‘(VIII) committee of estates of

4 incapacitated persons;

5 ‘‘(IX) personal representative;

6 ‘‘(X) trustee (including a succes7 sor to a trustee) under an indenture

8 agreement, trust agreement, lease, or

9 similar financing agreement, for debt

10 securities, certificates of interest or

11 certificates of participation in debt se12 curities, or other forms of indebted13 ness as to which the trustee is not, in

14 the capacity of trustee, the lender; or

15 ‘‘(XI) representative in any other

16 capacity that the Administrator, after

17 providing public notice, determines to

18 be similar to the capacities described

19 in subclauses (I) through (X); and

20 ‘‘(ii) does not include—

21 ‘‘(I) a person that is acting as a

22 fiduciary with respect to a trust or

23 other fiduciary estate that was orga24 nized for the primary purpose of, or is

25 engaged in, actively carrying on a
866

SJ 63 PCS

1 trade or business for profit, unless the

2 trust or other fiduciary estate was

3 created as part of, or to facilitate, 1

4 or more estate plans or because of the

5 incapacity of a natural person; or

6 ‘‘(II) a person that acquires own7 ership or control of a vessel or facility

8 with the objective purpose of avoiding

9 liability of the person or of any other

10 person.

11 ‘‘(B) FIDUCIARY CAPACITY.—The term ‘fi12 duciary capacity’ means the capacity of a per13 son in holding title to a vessel or facility, or

14 otherwise having control of or an interest in the

15 vessel or facility, pursuant to the exercise of the

16 responsibilities of the person as a fiduciary.

17 ‘‘(6) SAVINGS CLAUSE.—Nothing in this sub18 section—

19 ‘‘(A) affects the rights or immunities or

20 other defenses that are available under this Act

21 or other law that is applicable to a person sub22 ject to this subsection; or

23 ‘‘(B) creates any liability for a person or a

24 private right of action against a fiduciary or

25 any other person.
867

SJ 63 PCS

1 ‘‘(7) NO EFFECT ON CERTAIN PERSONS.—

2 Nothing in this subsection applies to a person if the

3 person—

4 ‘‘(A)(i) acts in a capacity other than that

5 of a fiduciary or in a beneficiary capacity; and

6 ‘‘(ii) in that capacity, directly or indirectly

7 benefits from a trust or fiduciary relationship;

8 or

9 ‘‘(B)(i) is a beneficiary and a fiduciary

10 with respect to the same fiduciary estate; and

11 ‘‘(ii) as a fiduciary, receives benefits that

12 exceed customary or reasonable compensation,

13 and incidental benefits, permitted under other

14 applicable law.

15 ‘‘(8) LIMITATION.—This subsection does not

16 preclude a claim under this Act against—

17 ‘‘(A) the assets of the estate or trust ad18 ministered by the fiduciary; or

19 ‘‘(B) a nonemployee agent or independent

20 contractor retained by a fiduciary.’’.

21 (b) DEFINITION OF OWNER OR OPERATOR.—Section

22 101(20) of the Comprehensive Environmental Response,

23 Compensation, and Liability Act of 1980 (42 U.S.C.

24 9601(20)) is amended by adding at the end the following:
868

SJ 63 PCS

1 ‘‘(E) EXCLUSION OF LENDERS NOT PAR2 TICIPANTS IN MANAGEMENT.—

3 ‘‘(i) INDICIA OF OWNERSHIP TO PRO4 TECT SECURITY.—The term ‘owner or op5 erator’ does not include a person that is a

6 lender that, without participating in the

7 management of a vessel or facility, holds

8 indicia of ownership primarily to protect

9 the security interest of the person in the

10 vessel or facility.

11 ‘‘(ii) FORECLOSURE.—The term

12 ‘owner or operator’ does not include a per13 son that is a lender that did not partici14 pate in management of a vessel or facility

15 prior to foreclosure, notwithstanding that

16 the person—

17 ‘‘(I) forecloses on the vessel or

18 facility; and

19 ‘‘(II) after foreclosure, sells, re20 leases (in the case of a lease finance

21 transaction), or liquidates the vessel

22 or facility, maintains business activi23 ties, winds up operations, undertakes

24 a response action under section

25 107(d)(1) or under the direction of an
869

SJ 63 PCS

1 on-scene coordinator appointed under

2 the National Contingency Plan, with

3 respect to the vessel or facility, or

4 takes any other measure to preserve,

5 protect, or prepare the vessel or facil6 ity prior to sale or disposition,

7 if the person seeks to sell, re-lease (in the

8 case of a lease finance transaction), or oth9 erwise divest the person of the vessel or fa10 cility at the earliest practicable, commer11 cially reasonable time, on commercially

12 reasonable terms, taking into account mar13 ket conditions and legal and regulatory re14 quirements.

15 ‘‘(F) PARTICIPATION IN MANAGEMENT.—

16 For purposes of subparagraph (E)—

17 ‘‘(i) the term ‘participate in manage18 ment’—

19 ‘‘(I) means actually participating

20 in the management or operational af21 fairs of a vessel or facility; and

22 ‘‘(II) does not include merely

23 having the capacity to influence, or

24 the unexercised right to control, vessel

25 or facility operations;
870

SJ 63 PCS

1 ‘‘(ii) a person that is a lender and

2 that holds indicia of ownership primarily to

3 protect a security interest in a vessel or fa4 cility shall be considered to participate in

5 management only if, while the borrower is

6 still in possession of the vessel or facility

7 encumbered by the security interest, the

8 person—

9 ‘‘(I) exercises decisionmaking

10 control over the environmental compli11 ance related to the vessel or facility,

12 such that the person has undertaken

13 responsibility for the hazardous sub14 stance handling or disposal practices

15 related to the vessel or facility; or

16 ‘‘(II) exercises control at a level

17 comparable to that of a manager of

18 the vessel or facility, such that the

19 person has assumed or manifested re20 sponsibility—

21 ‘‘(aa) for the overall man22 agement of the vessel or facility

23 encompassing day-to-day deci24 sionmaking with respect to envi25 ronmental compliance; or
871

SJ 63 PCS

1 ‘‘(bb) over all or substan2 tially all of the operational func3 tions (as distinguished from fi4 nancial or administrative func5 tions) of the vessel or facility

6 other than the function of envi7 ronmental compliance;

8 ‘‘(iii) the term ‘participate in manage9 ment’ does not include performing an act

10 or failing to act prior to the time at which

11 a security interest is created in a vessel or

12 facility; and

13 ‘‘(iv) the term ‘participate in manage14 ment’ does not include—

15 ‘‘(I) holding a security interest or

16 abandoning or releasing a security in17 terest;

18 ‘‘(II) including in the terms of an

19 extension of credit, or in a contract or

20 security agreement relating to the ex21 tension, a covenant, warranty, or

22 other term or condition that relates to

23 environmental compliance;
872

SJ 63 PCS

1 ‘‘(III) monitoring or enforcing

2 the terms and conditions of the exten3 sion of credit or security interest;

4 ‘‘(IV) monitoring or undertaking

5 1 or more inspections of the vessel or

6 facility;

7 ‘‘(V) requiring a response action

8 or other lawful means of addressing

9 the release or threatened release of a

10 hazardous substance in connection

11 with the vessel or facility prior to,

12 during, or on the expiration of the

13 term of the extension of credit;

14 ‘‘(VI) providing financial or other

15 advice or counseling in an effort to

16 mitigate, prevent, or cure default or

17 diminution in the value of the vessel

18 or facility;

19 ‘‘(VII) restructuring, renegotiat20 ing, or otherwise agreeing to alter the

21 terms and conditions of the extension

22 of credit or security interest, exercis23 ing forbearance;

24 ‘‘(VIII) exercising other remedies

25 that may be available under applicable
873

SJ 63 PCS

1 law for the breach of a term or condi2 tion of the extension of credit or secu3 rity agreement; or

4 ‘‘(IX) conducting a response ac5 tion under section 107(d) or under

6 the direction of an on-scene coordina7 tor appointed under the National Con8 tingency Plan,

9 if the actions do not rise to the level of

10 participating in management (within the

11 meaning of clauses (i) and (ii)).

12 ‘‘(G) OTHER TERMS.—As used in this Act:

13 ‘‘(i) EXTENSION OF CREDIT.—The

14 term ‘extension of credit’ includes a lease

15 finance transaction—

16 ‘‘(I) in which the lessor does not

17 initially select the leased vessel or fa18 cility and does not during the lease

19 term control the daily operations or

20 maintenance of the vessel or facility;

21 or

22 ‘‘(II) that conforms with regula23 tions issued by the appropriate Fed24 eral banking agency or the appro25 priate State bank supervisor (as those
874

SJ 63 PCS

1 terms are defined in section 3 of the

2 Federal Deposit Insurance Act (12

3 U.S.C. 1813) or with regulations is4 sued by the National Credit Union

5 Administration Board, as appropriate.

6 ‘‘(ii) FINANCIAL OR ADMINISTRATIVE

7 FUNCTION.—The term ‘financial or admin8 istrative function’ includes a function such

9 as that of a credit manager, accounts pay10 able officer, accounts receivable officer,

11 personnel manager, comptroller, or chief fi12 nancial officer, or a similar function.

13 ‘‘(iii) FORECLOSURE; FORECLOSE.—

14 The terms ‘foreclosure’ and ‘foreclose’

15 mean, respectively, acquiring, and to ac16 quire, a vessel or facility through—

17 ‘‘(I)(aa) purchase at sale under a

18 judgment or decree, power of sale, or

19 nonjudicial foreclosure sale;

20 ‘‘(bb) from a trustee, deed in lieu

21 of foreclosure, or similar conveyance;

22 or

23 ‘‘(cc) repossession,

24 if the vessel or facility was security for an

25 extension of credit previously contracted;
875

SJ 63 PCS

1 ‘‘(II) conveyance pursuant to an

2 extension of credit previously con3 tracted, including the termination of a

4 lease agreement; or

5 ‘‘(III) any other formal or infor6 mal manner by which the person ac7 quires, for subsequent disposition,

8 title to or possession of a vessel or fa9 cility in order to protect the security

10 interest of the person.

11 ‘‘(iv) LENDER.—The term lender in12 cludes—

13 ‘‘(I) an insured depository insti14 tution (as defined in section 3 of the

15 Federal Deposit Insurance Act (12

16 U.S.C. 1813);

17 ‘‘(II) an insured credit union (as

18 defined in section 101 of the Federal

19 Credit Union Act (12 U.S.C. 1752));

20 ‘‘(III) a bank or association char21 tered under the Farm Credit Act of

22 1971 (12 U.S.C. 2001 et seq.);

23 ‘‘(IV) a leasing or trust company

24 that is an affiliate of an insured de25 pository institution;
876

SJ 63 PCS

1 ‘‘(V) any person (including a suc2 cessor or assignee of any such person)

3 that makes a bona fide extension of

4 credit to or takes or acquires a secu5 rity interest from a nonaffiliated per6 son;

7 ‘‘(VI) the Federal National Mort8 gage Association, the Federal Home

9 Loan Mortgage Corporation, the Fed10 eral Agricultural Mortgage Corpora11 tion, or any other entity that in a

12 bona fide manner buys or sells loans

13 or interests in loans;

14 ‘‘(VII) a person that insures or

15 guarantees against a default in the re16 payment of an extension of credit, or

17 acts as a surety with respect to an ex18 tension of credit, to a nonaffiliated

19 person; and

20 ‘‘(VIII) a person that provides

21 title insurance and that acquires a

22 vessel or facility as a result of assign23 ment or conveyance in the course of

24 underwriting claims and claims settle25 ment.
877

SJ 63 PCS

1 ‘‘(v) OPERATIONAL FUNCTION.—The

2 term ‘operational function’ includes a func3 tion such as that of a facility or plant

4 manager, operations manager, chief oper5 ating officer, or chief executive officer.

6 ‘‘(vi) SECURITY INTEREST.—The term

7 ‘security interest’ includes a right under a

8 mortgage, deed of trust, assignment, judg9 ment lien, pledge, security agreement, fac10 toring agreement, or lease and any other

11 right accruing to a person to secure the re12 payment of money, the performance of a

13 duty, or any other obligation by a non14 affiliated person.’’.

15 SEC. 503. CONFORMING AMENDMENT.

16 Section 9003(h) of the Solid Waste Disposal Act (42

17 U.S.C. 6991b(h)) is amended by striking paragraph (9)

18 and inserting the following:

19 ‘‘(9) DEFINITION OF OWNER OR OPERATOR.—

20 ‘‘(A) IN GENERAL.—As used in this sub21 title, the terms ‘owner’ and ‘operator’ do not in22 clude a person that, without participating in the

23 management of an underground storage tank

24 and otherwise not engaged in petroleum produc25 tion, refining, or marketing, holds indicia of
878

SJ 63 PCS

1 ownership primarily to protect the person’s se2 curity interest.

3 ‘‘(B) SECURITY INTEREST HOLDERS.—The

4 provisions regarding holders of security inter5 ests in subparagraphs (E) through (G) of sec6 tion 101(20) and the provisions regarding fidu7 ciaries at section 107(n) of the Comprehensive

8 Environmental Response, Compensation, and

9 Liability Act of 1980 shall apply in determining

10 whether a person is an owner or operator of an

11 underground storage tank for the purposes of

12 this Act.

13 ‘‘(C) AFFECT ON RULE.—Nothing in this

14 paragraph shall be construed as modifying or

15 affecting the final rule issued by the Adminis16 trator on September 7, 1995 (60 Fed. Reg.

17 46,692), or as limiting the authority of the Ad18 ministrator to amend the final rule, in accord19 ance with applicable law. The final rule in effect

20 on the date of enactment of this subparagraph

21 shall prevail over any inconsistent provision re22 garding holders of security interests in subpara23 graphs (E) through (G) of section 101(20) or

24 any inconsistent provision regarding fiduciaries

25 in section 107(n) of the Comprehensive Envi-
879

SJ 63 PCS

1 ronmental Response, Compensation, and Liabil2 ity Act of 1980. Any amendment to the final

3 rule shall be consistent with the provisions re4 garding holders of security interests in subpara5 graphs (E) through (G) of section 101(20) and

6 the provisions regarding fiduciaries in section

7 107(n) of the Comprehensive Environmental

8 Response, Compensation, and Liability Act of

9 1980. This subparagraph does not preclude ju10 dicial review of any amendment of the final rule

11 made after the date of enactment of this sub12 paragraph.’’.

13 SEC. 504. LENDER LIABILITY RULE.

14 (a) IN GENERAL.—Effective on the date of enact15 ment of this Act, the portion of the final rule issued by

16 the Administrator of the Environmental Protection Agen17 cy on April 29, 1992 (57 Fed. Reg. 18,344), promulgating

18 section 300.1105 of title 40, Code of Federal Regulations,

19 shall be deemed to have been validly issued under author20 ity of the Comprehensive Environmental Response, Com21 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

22 seq.) and to have been effective according to the terms

23 of the final rule. No additional administrative or judicial

24 proceedings shall be necessary or may be held with respect

25 to the final rule. Any reference in that portion of the final
880

SJ 63 PCS

1 rule to section 300.1100 of title 40, Code of Federal Regu2 lations, shall be deemed to be a reference to this title and

3 the amendments made by this title.

4 (b) JUDICIAL REVIEW.—Notwithstanding section

5 113(a) of the Comprehensive Environmental Response,

6 Compensation, and Liability Act of 1980 (42 U.S.C.

7 9613(a)), no court shall have jurisdiction to review the

8 portion of the final rule issued by the Administrator of

9 the Environmental Protection Agency on April 29, 1992

10 (57 Fed. Reg. 18,344) that promulgated section 300.1105

11 of title 40, Code of Federal Regulations.

12 (c) DELEGATION.—Nothing in this section limits the

13 authority of the President or a delegee of the President

14 to amend the portion of the final rule issued by the Ad15 ministrator of the Environmental Protection Agency on

16 April 29, 1992 (57 Fed. Reg. 18,344), promulgating sec17 tion 300.1105 of title 40, Code of Federal Regulations,

18 consistent with this title, the amendments made by this

19 title, and other applicable law.

20 (d) JUDICIAL REVIEW.—This section does not pre21 clude judicial review of any amendment of section

22 300.1105 of title 40, Code of Federal Regulations, made

23 after the date of enactment of this Act.
881

SJ 63 PCS

1 SEC. 505. EFFECTIVE DATE.

2 The amendments made by this title shall be applica3 ble with respect to any claim that has not been finally

4 adjudicated as of the date of enactment of this Act.

5 TITLE VI—MISCELLANEOUS

6 SEC. 601. FEDERAL RESERVE STUDY.

7 (a) STUDY OF ELECTRONIC STORED VALUE PROD8 UCTS.—

9 (1) STUDY.—The Board shall conduct a study

10 of electronic stored value products which evaluates

11 whether provisions of the Electronic Fund Transfer

12 Act could be applied to such products without ad13 versely impacting the cost, development, and oper14 ation of such products.

15 (2) CONSIDERATIONS.—In conducting its study

16 under paragraph (1), the Board shall consider

17 whether alternatives to regulation under the Elec18 tronic Fund Transfer Act, such as allowing competi19 tive market forces to shape the development and op20 eration of electronic stored value products, could

21 more efficiently achieve the objectives embodied in

22 that Act.

23 (b) REPORT.—The Board shall submit a report of its

24 study under subsection (a) to the Congress not later than

25 6 months after the date of enactment of this Act.
882

SJ 63 PCS

1 (c) ACTION TO FINALIZE.—The Board shall take no

2 action to finalize any amendments to regulations under

3 the Electronic Fund Transfer Act that would regulate

4 electronic stored value products until the later of—

5 (1) 3 months after the date on which the report

6 is submitted to the Congress under subsection (b);

7 or

8 (2) 9 months after the date of enactment of

9 this Act.

10 SEC. 602. TREATMENT OF CLAIMS ARISING FROM BREACH

11 OF CONTRACTS EXECUTED BY THE RE12 CEIVER OR CONSERVATOR.

13 Section 11(d) of the Federal Deposit Insurance Act

14 (12 U.S.C. 1821(d)) is amended by adding at the end the

15 following new paragraph:

16 ‘‘(20) TREATMENT OF CLAIMS ARISING FROM

17 BREACH OF CONTRACTS EXECUTED BY THE RE18 CEIVER OR CONSERVATOR.—Notwithstanding any

19 other provision of this subsection, a final and

20 unappealable judgment for monetary damages en21 tered against a receiver or conservator for an in22 sured depository institution for the breach of an

23 agreement executed or approved by such receiver or

24 conservator after the date of its appointment shall

25 be paid as an administrative expense of the receiver
883

SJ 63 PCS

1 or conservator. Nothing in this paragraph shall be

2 construed to limit the power of a receiver or con3 servator to exercise any rights under contract or law,

4 including to terminate, breach, cancel, or otherwise

5 discontinue such agreement.’’.

6 SEC. 603. CRIMINAL SANCTIONS FOR FICTITIOUS FINAN7 CIAL INSTRUMENTS AND COUNTERFEITING.

8 (a) INCREASED PENALTIES FOR COUNTERFEITING

9 VIOLATIONS.—Sections 474 and 474A of title 18, United

10 States Code, are amended by striking ‘‘class C felony’’

11 each place that term appears and inserting ‘‘class B fel12 ony’’.

13 (b) CRIMINAL PENALTY FOR PRODUCTION, SALE,

14 TRANSPORTATION, POSSESSION OF FICTITIOUS FINAN15 CIAL INSTRUMENTS PURPORTING TO BE THOSE OF THE

16 STATES, OF POLITICAL SUBDIVISIONS, AND OF PRIVATE

17 ORGANIZATIONS.—

18 (1) IN GENERAL.—Chapter 25 of title 18, Unit19 ed States Code, is amended by inserting after sec20 tion 513, the following new section:

21 ‘‘§ 514. Fictitious obligations

22 ‘‘(a) Whoever, with the intent to defraud—

23 ‘‘(1) draws, prints, processes, produces, pub24 lishes, or otherwise makes, or attempts or causes the

25 same, within the United States;
884

SJ 63 PCS

1 ‘‘(2) passes, utters, presents, offers, brokers, is2 sues, sells, or attempts or causes the same, or with

3 like intent possesses, within the United States; or

4 ‘‘(3) utilizes interstate or foreign commerce, in5 cluding the use of the mails or wire, radio, or other

6 electronic communication, to transmit, transport,

7 ship, move, transfer, or attempts or causes the same,

8 to, from, or through the United States,

9 any false or fictitious instrument, document, or other item

10 appearing, representing, purporting, or contriving through

11 scheme or artifice, to be an actual security or other finan12 cial instrument issued under the authority of the United

13 States, a foreign government, a State or other political

14 subdivision of the United States, or an organization, shall

15 be guilty of a class B felony.

16 ‘‘(b) For purposes of this section, any term used in

17 this section that is defined in section 513(c) has the same

18 meaning given such term in section 513(c).

19 ‘‘(c) The United States Secret Service, in addition to

20 any other agency having such authority, shall have author21 ity to investigate offenses under this section.’’.

22 (2) TECHNICAL AMENDMENT.—The analysis for

23 chapter 25 of title 18, United States Code, is

24 amended by inserting after the item relating to sec25 tion 513 the following:

‘‘514. Fictitious obligations.’’.
885

SJ 63 PCS

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

2 (a) REPEALS.—Section 271 of the Truth in Savings

3 Act (12 U.S.C. 4310) is repealed.

4 (b) ON-PREMISES DISPLAYS.—Section 263(c) of the

5 Truth in Savings Act (12 U.S.C. 4302(c)) is amended—

6 (1) by striking paragraph (2);

7 (2) by striking ‘‘(1) IN GENERAL.—’’; and

8 (3) by redesignating subparagraphs (A) and

9 (B) as paragraphs (1) and (2), respectively, and in10 denting appropriately.

11 (c) DEPOSITORY INSTITUTION DEFINITION.—Section

12 274(6) of the Truth in Savings Act (12 U.S.C. 4313(6))

13 is amended by inserting before the period ‘‘, but does not

14 include any nonautomated credit union that was not re15 quired to comply with the requirements of this title as of

16 the date of enactment of the Economic Growth and Regu17 latory Paperwork Reduction Act of 1996, pursuant to the

18 determination of the National Credit Union Administra19 tion Board’’.

20 (d) TIME DEPOSITS.—Section 266(a)(3) of the Truth

21 in Savings Act (12 U.S.C. 4305(a)(3)) is amended by in22 serting ‘‘has a maturity of more than 30 days’’ after ‘‘de23 posit which’’.

24 SEC. 605. CONSUMER LEASING ACT AMENDMENTS.

25 (a) CONGRESSIONAL FINDINGS AND DECLARATION

26 OF PURPOSES.—
886

SJ 63 PCS

1 (1) FINDINGS.—The Congress finds that—

2 (A) competition among the various finan3 cial institutions and other firms engaged in the

4 business of consumer leasing is greatest when

5 there is informed use of leasing;

6 (B) the informed use of leasing results

7 from an awareness of the cost of leasing by con8 sumers; and

9 (C) there has been a continued trend to10 ward leasing automobiles and other durable

11 goods for consumer use as an alternative to in12 stallment credit sales and that leasing product

13 advances have occurred such that lessors have

14 been unable to provide consistent industry-wide

15 disclosures to fully account for the competitive

16 progress that has occurred.

17 (2) PURPOSES.—The purposes of this section

18 are—

19 (A) to assure a simple, meaningful disclo20 sure of leasing terms so that the consumer will

21 be able to compare more readily the various

22 leasing terms available to the consumer and

23 avoid the uninformed use of leasing, and to pro24 tect the consumer against inaccurate and unfair

25 leasing practices;
887

SJ 63 PCS

1 (B) to provide for adequate cost disclo2 sures that reflect the marketplace without im3 pairing competition and the development of new

4 leasing products; and

5 (C) to provide the Board with the regu6 latory authority to assure a simplified, mean7 ingful definition and disclosure of the terms of

8 certain leases of personal property for personal,

9 family, or household purposes so as to—

10 (i) enable the lessee to compare more

11 readily the various lease terms available to

12 the lessee;

13 (ii) enable comparison of lease terms

14 with credit terms, as appropriate; and

15 (iii) assure meaningful and accurate

16 disclosures of lease terms in advertise17 ments.

18 (b) REGULATIONS.—

19 (1) IN GENERAL.—Chapter 5 of the Truth in

20 Lending Act (15 U.S.C. 1667 et seq.) is amended by

21 adding at the end the following new section:

22 ‘‘SEC. 187. REGULATIONS.

23 ‘‘(a) REGULATIONS AUTHORIZED.—

24 ‘‘(1) IN GENERAL.—The Board shall promul25 gate regulations to update and clarify the require-
888

SJ 63 PCS

1 ments and definitions applicable to lease disclosures

2 and contracts, and any other issues specifically relat3 ed to consumer leasing, to the extent that the Board

4 determines such action to be necessary—

5 ‘‘(A) to carry out this chapter;

6 ‘‘(B) to prevent any circumvention of this

7 chapter; or

8 ‘‘(C) to facilitate compliance with the re9 quirements of the chapter.

10 ‘‘(2) CLASSIFICATIONS, ADJUSTMENTS.—Any

11 regulations promulgated under paragraph (1) may

12 contain classifications and differentiations, and may

13 provide for adjustments and exceptions for any class

14 of transactions, as the Board considers appropriate.

15 ‘‘(b) MODEL DISCLOSURE.—

16 ‘‘(1) PUBLICATION.—The Board shall establish

17 and publish model disclosure forms to facilitate com18 pliance with the disclosure requirements of this

19 chapter and to aid the consumer in understanding

20 the transaction to which the subject disclosure form

21 relates.

22 ‘‘(2) USE OF AUTOMATED EQUIPMENT.—In es23 tablishing model forms under this subsection, the

24 Board shall consider the use by lessors of data proc25 essing or similar automated equipment.
889

SJ 63 PCS

1 ‘‘(3) USE OPTIONAL.—A lessor may utilize a

2 model disclosure form established by the Board

3 under this subsection for purposes of compliance

4 with this chapter, at the discretion of the lessor.

5 ‘‘(4) EFFECT OF USE.—Any lessor who uses the

6 material aspects of any model disclosure form estab7 lished by the Board under this subsection shall be

8 deemed to be in compliance with the disclosure re9 quirements to which the form relates.’’.

10 (2) EFFECTIVE DATE.—

11 (A) IN GENERAL.—Any regulation of the

12 Board, or any amendment or interpretation of

13 any regulation of the Board issued pursuant to

14 section 187 of the Truth in Lending Act (as

15 added by paragraph (1) of this subsection),

16 shall become effective on the first October 1

17 that follows the date of promulgation of that

18 regulation, amendment, or interpretation by not

19 less than 6 months.

20 (B) LONGER PERIOD.—The Board may, at

21 the discretion of the Board, extend the time pe22 riod referred to in subparagraph (A) in accord23 ance with subparagraph (C), to permit lessors

24 to adjust their disclosure forms to accommodate

25 the requirements of section 127 of the Truth in
890

SJ 63 PCS

1 Lending Act (as added by paragraph (1) of this

2 subsection).

3 (C) SHORTER PERIOD.—The Board may

4 shorten the time period referred to in subpara5 graph (A), if the Board makes a specific finding

6 that such action is necessary to comply with the

7 findings of a court or to prevent an unfair or

8 deceptive practice.

9 (D) COMPLIANCE BEFORE EFFECTIVE

10 DATE.—Any lessor may comply with any means

11 of disclosure provided for in section 127 of the

12 Truth in Lending Act (as added by paragraph

13 (1) of this subsection) before the effective date

14 of such requirement.

15 (E) DEFINITIONS.—For purposes of this

16 subsection, the term ‘‘lessor’’ has the same

17 meaning as in section 181 of the Truth in

18 Lending Act.

19 (3) CLERICAL AMENDMENT.—The table of sec20 tions for chapter 5 of title I of the Truth in Lending

21 Act (15 U.S.C. 1601 et seq.) is amended by insert22 ing after the item relating to section 186 the follow23 ing new item:

‘‘187. Regulations.’’.
891

SJ 63 PCS

1 (c) CONSUMER LEASE ADVERTISING.—Section 184

2 of the Truth in Lending Act (15 U.S.C. 1667c) is amend3 ed—

4 (1) by striking subsections (a) and (c);

5 (2) by redesignating subsection (b) as sub6 section (c); and

7 (3) by inserting before subsection (c), as so re8 designated, the following:

9 ‘‘(a) IN GENERAL.—If an advertisement for a

10 consumer lease includes a statement of the amount of any

11 payment or a statement that any or no initial payment

12 is required, the advertisement shall clearly and conspicu13 ously state, as applicable—

14 ‘‘(1) the transaction advertised is a lease;

15 ‘‘(2) the total amount of any initial payments

16 required on or before consummation of the lease or

17 delivery of the property, whichever is later;

18 ‘‘(3) that a security deposit is required;

19 ‘‘(4) the number, amount, and timing of sched20 uled payments; and

21 ‘‘(5) with respect to a lease in which the liabil22 ity of the consumer at the end of the lease term is

23 based on the anticipated residual value of the prop24 erty, that an extra charge may be imposed at the

25 end of the lease term.
892

SJ 63 PCS

1 ‘‘(b) ADVERTISING MEDIUM NOT LIABLE.—No

2 owner or employee of any entity that serves as a medium

3 in which an advertisement appears or through which an

4 advertisement is disseminated, shall be liable under this

5 section.’’.

6 SEC. 606. STUDY OF CORPORATE CREDIT UNIONS.

7 (a) DEFINITIONS.—For purposes of this section, the

8 following definitions shall apply:

9 (1) ADMINISTRATION.—The term ‘‘Administra10 tion’’ means the National Credit Union Administra11 tion.

12 (2) BOARD.—The term ‘‘Board’’ means the Na13 tional Credit Union Administration Board.

14 (3) CORPORATE CREDIT UNION.—The term

15 ‘‘corporate credit union’’ has the meaning given such

16 term by rule or regulation of the Board.

17 (4) FUND.—The term ‘‘Fund’’ means the Na18 tional Credit Union Share Insurance Fund estab19 lished under section 203 of the Federal Credit

20 Union Act.

21 (5) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of the Treasury.

23 (b) STUDY.—

24 (1) IN GENERAL.—The Secretary, in consulta25 tion with the Board, the Corporation, the Comptrol-
893

SJ 63 PCS

1 ler of the Currency, and the Administration, shall

2 conduct a study and evaluation of—

3 (A) the oversight and supervisory practices

4 of the Administration concerning the Fund, in5 cluding the treatment of amounts deposited in

6 the Fund pursuant to section 202(c) of the

7 Federal Credit Union Act, including analysis

8 of—

9 (i) whether those amounts should

10 be—

11 (I) refundable; or

12 (II) treated as expenses; and

13 (ii) the use of those amounts in deter14 mining equity capital ratios;

15 (B) the potential for, and potential effects

16 of, administration of the Fund by an entity

17 other than the Administration;

18 (C) the 10 largest corporate credit unions

19 in the United States, conducted in cooperation

20 with appropriate employees of other Federal

21 agencies with expertise in the examination of

22 federally insured financial institutions, includ23 ing—

24 (i) the investment practices of those

25 credit unions; and
894

SJ 63 PCS

1 (ii) the financial stability, financial

2 operations, and financial controls of those

3 credit unions;

4 (D) the regulations of the Administration;

5 and

6 (E) the supervision of corporate credit

7 unions by the Administration.

8 (c) REPORT.—Not later than 12 months after the

9 date of enactment of this Act, the Secretary shall submit

10 to the appropriate committees of the Congress, a report

11 that includes the results of the study and evaluation con12 ducted under subsection (b), together with any rec13 ommendations that the Secretary considers to be appro14 priate.

15 SEC. 607. REPORT ON THE RECONCILIATION OF DIF16 FERENCES BETWEEN REGULATORY AC17 COUNTING PRINCIPLES AND GENERALLY AC18 CEPTED ACCOUNTING PRINCIPLES.

19 Not later than 180 days after the date of enactment

20 of this Act, each appropriate Federal banking agency shall

21 submit to the Committee on Banking and Financial Serv22 ices of the House of Representatives and the Committee

23 on Banking, Housing, and Urban Affairs of the Senate,

24 a report describing both the actions that have been taken

25 by the agency and the actions that will be taken by the
895

SJ 63 PCS

1 agency to eliminate or conform inconsistent or duplicative

2 accounting and reporting requirements applicable to re3 ports or statements filed with any such agency by insured

4 depository institutions, as required by section 121 of the

5 Federal Deposit Insurance Corporation Improvement Act

6 of 1991.

7 SEC. 608. STATE-BY-STATE AND METROPOLITAN AREA-BY8 METROPOLITAN AREA STUDY OF BANK FEES.

9 Section 1002(b)(2)(A) of the Financial Institutions

10 Reform, Recovery, and Enforcement Act of 1989 (12

11 U.S.C. 1811 note) is amended to read as follows:

12 ‘‘(A) a description of any discernible trend,

13 in the Nation as a whole, in each of the 50

14 States, and in each consolidated metropolitan

15 statistical area or primary metropolitan statis16 tical area (as defined by the Director of the Of17 fice of Management and Budget), in the cost

18 and availability of retail banking services (in19 cluding fees imposed for providing such serv20 ices), that delineates differences between in21 sured depository institutions on the basis of

22 both the size of the institution and any engage23 ment of the institution in multistate activity;

24 and’’.
896

SJ 63 PCS

1 SEC. 609. PROSPECTIVE APPLICATION OF GOLD CLAUSES

2 IN CONTRACTS.

3 Section 5118(d)(2) of title 31, United States Code,

4 is amended by adding at the end the following: ‘‘This

5 paragraph shall apply to any obligation issued on or before

6 October 27, 1977, notwithstanding any assignment or no7 vation of such obligation after October 27, 1977, unless

8 all parties to the assignment or novation specifically agree

9 to include a gold clause in the new agreement. Nothing

10 in the preceding sentence shall be construed to affect the

11 enforceability of a Gold Clause contained in any obligation

12 issued after October 27, 1977 if the enforceability of that

13 Gold Clause has been finally adjudicated prior to the date

14 of enactment of the Economic Growth and Regulatory Pa15 perwork Reduction Act of 1996.’’.

16 SEC. 610. QUALIFIED FAMILY PARTNERSHIPS.

17 Section 2 of the Bank Holding Company Act of 1956

18 (12 U.S.C. 1841) is amended—

19 (1) in subsection (b), by inserting ‘‘, and shall

20 not include a qualified family partnership’’ after ‘‘by

21 any State’’; and

22 (2) in subsection (o), by adding at the end the

23 following:

24 ‘‘(10) QUALIFIED FAMILY PARTNERSHIP.—The

25 term ‘qualified family partnership’ means a general

26 or limited partnership that the Board determines—
897

SJ 63 PCS

1 ‘‘(A) does not directly control any bank,

2 except through a registered bank holding com3 pany;

4 ‘‘(B) does not control more than 1 reg5 istered bank holding company;

6 ‘‘(C) does not engage in any business ac7 tivity, except indirectly through ownership of

8 other business entities;

9 ‘‘(D) has no investments other than those

10 permitted for a bank holding company pursuant

11 to section 4(c);

12 ‘‘(E) is not obligated on any debt, either

13 directly or as a guarantor;

14 ‘‘(F) has partners, all of whom are ei15 ther—

16 ‘‘(i) individuals related to each other

17 by blood, marriage (including former mar18 riage), or adoption; or

19 ‘‘(ii) trusts for the primary benefit of

20 individuals related as described in clause

21 (i); and

22 ‘‘(G) has filed with the Board a statement

23 that includes—

24 ‘‘(i) the basis for the eligibility of the

25 partnership under subparagraph (F);
898

SJ 63 PCS

1 ‘‘(ii) a list of the existing activities

2 and investments of the partnership;

3 ‘‘(iii) a commitment to comply with

4 this paragraph;

5 ‘‘(iv) a commitment to comply with

6 section 7 of the Federal Deposit Insurance

7 Act with respect to any acquisition of con8 trol of an insured depository institution oc9 curring after date of enactment of this

10 paragraph; and

11 ‘‘(v) a commitment to be subject, to

12 the same extent as if the qualified family

13 partnership were a bank holding com14 pany—

15 ‘‘(I) to examination by the Board

16 to assure compliance with this para17 graph; and

18 ‘‘(II) to section 8 of the Federal

19 Deposit Insurance Act.’’.

20 SEC. 611. COOPERATIVE EFFORTS BETWEEN DEPOSITORY

21 INSTITUTIONS AND FARMERS AND RANCH22 ERS IN DROUGHT-STRICKEN AREAS.

23 (a) FINDINGS.—The Congress hereby finds the fol24 lowing:
899

SJ 63 PCS

1 (1) Severe drought is being experienced in the

2 Plains and the Southwest portions of our country.

3 (2) Soil erosion is becoming a critical issue as

4 the dry season approaches and summer winds may

5 rob these fields of nutrient-rich topsoil.

6 (3) Without immediate assistance, ranchers and

7 farmers would be forced to cull their herds bringing

8 tremendous volatility in the beef market.

9 (4) The American people will feel the impact of

10 this drought in their pocketbooks through higher

11 prices for grain products.

12 (5) The communities in drought-stricken areas

13 are suffering and borrowers may have difficulty

14 meeting their obligations to financial institutions.

15 (6) Congress has already passed the Depository

16 Institutions Disaster Relief Act of 1992 which allows

17 financial institutions to make emergency exceptions

18 to the appraisal requirement in times of national dis19 asters.

20 (b) SENSE OF THE CONGRESS.—It is the sense of

21 the Congress that financial institutions and Federal bank

22 regulators should work cooperatively with farmers and

23 ranchers in communities affected by drought conditions to

24 allow financial obligations to be met without imposing

25 undue burdens.
900

SJ 63 PCS

1 TITLE VII—DEPOSIT INSURANCE

2 FUNDS

3 SEC. 701. SHORT TITLE.

4 This title may be cited as the ‘‘Deposit Insurance

5 Funds Act of 1996’’.

6 SEC. 702. SPECIAL ASSESSMENT TO CAPITALIZE SAIF.

7 (a) IN GENERAL.—Except as provided in subsection

8 (f), the Board of Directors shall impose a special assess9 ment on the SAIF-assessable deposits of each insured de10 pository institution in accordance with assessment regula11 tions of the Corporation at a rate applicable to all such

12 institutions that the Board of Directors, in its sole discre13 tion, determines (after taking into account the adjust14 ments described in subsections (g), (h), and (j)) will cause

15 the Savings Association Insurance Fund to achieve the

16 designated reserve ratio on the first business day of the

17 1st month beginning after the date of the enactment of

18 this Act.

19 (b) FACTORS TO BE CONSIDERED.—In carrying out

20 subsection (a), the Board of Directors shall base its deter21 mination on—

22 (1) the monthly Savings Association Insurance

23 Fund balance most recently calculated;

24 (2) data on insured deposits reported in the

25 most recent reports of condition filed not later than
901

SJ 63 PCS

1 70 days before the date of enactment of this Act by

2 insured depository institutions; and

3 (3) any other factors that the Board of Direc4 tors deems appropriate.

5 (c) DATE OF DETERMINATION.—For purposes of

6 subsection (a), the amount of the SAIF-assessable depos7 its of an insured depository institution shall be determined

8 as of March 31, 1995.

9 (d) DATE PAYMENT DUE.—Except as provided in

10 subsection (g), the special assessment imposed under this

11 section shall be—

12 (1) due on the first business day of the 1st

13 month beginning after the date of the enactment of

14 this Act; and

15 (2) paid to the Corporation on the later of—

16 (A) the first business day of the 1st month

17 beginning after such date of enactment; or

18 (B) such other date as the Corporation

19 shall prescribe, but not later than 60 days after

20 the date of enactment of this Act.

21 (e) ASSESSMENT DEPOSITED IN SAIF.—Notwith22 standing any other provision of law, the proceeds of the

23 special assessment imposed under this section shall be de24 posited in the Savings Association Insurance Fund.

25 (f) EXEMPTIONS FOR CERTAIN INSTITUTIONS.—
902

SJ 63 PCS

1 (1) EXEMPTION FOR WEAK INSTITUTIONS.—

2 The Board of Directors may, by order, in its sole

3 discretion, exempt any insured depository institution

4 that the Board of Directors determines to be weak,

5 from paying the special assessment imposed under

6 this section if the Board of Directors determines

7 that the exemption would reduce risk to the Savings

8 Association Insurance Fund.

9 (2) GUIDELINES REQUIRED.—Not later than 30

10 days after the date of enactment of this Act, the

11 Board of Directors shall prescribe guidelines setting

12 forth the criteria that the Board of Directors will

13 use in exempting institutions under paragraph (1).

14 Such guidelines shall be published in the Federal

15 Register.

16 (3) EXEMPTION FOR CERTAIN NEWLY CHAR17 TERED AND OTHER DEFINED INSTITUTIONS.—

18 (A) IN GENERAL.—In addition to the insti19 tutions exempted from paying the special as20 sessment under paragraph (1), the Board of

21 Directors shall exempt any insured depository

22 institution from payment of the special assess23 ment if the institution—
903

SJ 63 PCS

1 (i) was in existence on October 1,

2 1995, and held no SAIF-assessable depos3 its before January 1, 1993;

4 (ii) is a Federal savings bank which—

5 (I) was established de novo in

6 April 1994 in order to acquire the de7 posits of a savings association which

8 was in default or in danger of default;

9 and

10 (II) received minority interim

11 capital assistance from the Resolution

12 Trust Corporation under section

13 21A(w) of the Federal Home Loan

14 Bank Act in connection with the ac15 quisition of any such savings associa16 tion; or

17 (iii) is a savings association, the de18 posits of which are insured by the Savings

19 Association Insurance Fund, which—

20 (I) before January 1, 1987, was

21 chartered as a Federal savings bank

22 insured by the Federal Savings and

23 Loan Insurance Corporation for the

24 purpose of acquiring all or substan25 tially all of the assets and assuming
904

SJ 63 PCS

1 all or substantially all of the deposit

2 liabilities of a national bank in a

3 transaction consummated after July

4 1, 1986; and

5 (II) as of the date of that trans6 action, had assets of less than

7 $150,000,000.

8 (B) DEFINITION.—For purposes of this

9 paragraph, an institution shall be deemed to

10 have held SAIF-assessable deposits before Jan11 uary 1, 1993, if—

12 (i) it directly held SAIF-assessable de13 posits before that date; or

14 (ii) it succeeded to, acquired, pur15 chased, or otherwise holds any SAIF-as16 sessable deposits as of the date of enact17 ment of this Act that were SAIF-assess18 able deposits before January 1, 1993.

19 (4) EXEMPT INSTITUTIONS REQUIRED TO PAY

20 ASSESSMENTS AT FORMER RATES.—

21 (A) PAYMENTS TO SAIF AND DIF.—Any in22 sured depository institution that the Board of

23 Directors exempts under this subsection from

24 paying the special assessment imposed under

25 this section shall pay semiannual assessments—
905

SJ 63 PCS

1 (i) during calendar years 1996, 1997,

2 and 1998, into the Savings Association In3 surance Fund, based on SAIF-assessable

4 deposits of that institution, at assessment

5 rates calculated under the schedule in ef6 fect for Savings Association Insurance

7 Fund members on June 30, 1995; and

8 (ii) during calendar year 1999—

9 (I) into the Deposit Insurance

10 Fund, based on SAIF-assessable de11 posits of that institution as of Decem12 ber 31, 1998, at assessment rates cal13 culated under the schedule in effect

14 for Savings Association Insurance

15 Fund members on June 30, 1995; or

16 (II) in accordance with clause (i),

17 if the Bank Insurance Fund and the

18 Savings Association Insurance Fund

19 are not merged into the Deposit In20 surance Fund.

21 (B) OPTIONAL PRO RATA PAYMENT OF

22 SPECIAL ASSESSMENT.—This paragraph shall

23 not apply with respect to any insured depository

24 institution (or successor insured depository in25 stitution) that has paid, during any calendar
906

SJ 63 PCS

1 year from 1997 through 1999, upon such terms

2 as the Corporation may announce, an amount

3 equal to the product of—

4 (i) 16.7 percent of the special assess5 ment that the institution would have been

6 required to pay under subsection (a), if the

7 Board of Directors had not exempted the

8 institution; and

9 (ii) the number of full semiannual pe10 riods remaining between the date of the

11 payment and December 31, 1999.

12 (g) SPECIAL ELECTION FOR CERTAIN INSTITUTIONS

13 FACING HARDSHIP AS A RESULT OF THE SPECIAL AS14 SESSMENT.—

15 (1) ELECTION AUTHORIZED.—If—

16 (A) an insured depository institution, or

17 any depository institution holding company

18 which, directly or indirectly, controls such insti19 tution, is subject to terms or covenants in any

20 debt obligation or preferred stock outstanding

21 on September 13, 1995; and

22 (B) the payment of the special assessment

23 under subsection (a) would pose a significant

24 risk of causing such depository institution or
907

SJ 63 PCS

1 holding company to default or violate any such

2 term or covenant,

3 the depository institution may elect, with the ap4 proval of the Corporation, to pay such special as5 sessment in accordance with paragraphs (2) and (3)

6 in lieu of paying such assessment in the manner re7 quired under subsection (a).

8 (2) 1ST ASSESSMENT.—An insured depository

9 institution which makes an election under paragraph

10 (1) shall pay an assessment in an amount equal to

11 50 percent of the amount of the special assessment

12 that would otherwise apply under subsection (a), by

13 the date on which such special assessment is payable

14 under subsection (d).

15 (3) 2D ASSESSMENT.—An insured depository

16 institution which makes an election under paragraph

17 (1) shall pay a 2d assessment, by the date estab18 lished by the Board of Directors in accordance with

19 paragraph (4), in an amount equal to the product of

20 51 percent of the rate determined by the Board of

21 Directors under subsection (a) for determining the

22 amount of the special assessment and the SAIF-as23 sessable deposits of the institution on March 31,

24 1996, or such other date in calendar year 1996 as

25 the Board of Directors determines to be appropriate.
908

SJ 63 PCS

1 (4) DUE DATE OF 2D ASSESSMENT.—The date

2 established by the Board of Directors for the pay3 ment of the assessment under paragraph (3) by a

4 depository institution shall be the earliest practicable

5 date which the Board of Directors determines to be

6 appropriate, which is at least 15 days after the date

7 used by the Board of Directors under paragraph (3).

8 (5) SUPPLEMENTAL SPECIAL ASSESSMENT.—

9 An insured depository institution which makes an

10 election under paragraph (1) shall pay a supple11 mental special assessment, at the same time the pay12 ment under paragraph (3) is made, in an amount

13 equal to the product of—

14 (A) 50 percent of the rate determined by

15 the Board of Directors under subsection (a) for

16 determining the amount of the special assess17 ment; and

18 (B) 95 percent of the amount by which the

19 SAIF-assessable deposits used by the Board of

20 Directors for determining the amount of the 1st

21 assessment under paragraph (2) exceeds, if any,

22 the SAIF-assessable deposits used by the Board

23 for determining the amount of the 2d assess24 ment under paragraph (3).
909

SJ 63 PCS

1 (h) ADJUSTMENT OF SPECIAL ASSESSMENT FOR

2 CERTAIN BANK INSURANCE FUND MEMBER BANKS.—

3 (1) IN GENERAL.—For purposes of computing

4 the special assessment imposed under this section

5 with respect to a Bank Insurance Fund member

6 bank, the amount of any deposits of any insured de7 pository institution which section 5(d)(3) of the Fed8 eral Deposit Insurance Act treats as insured by the

9 Savings Association Insurance Fund shall be re10 duced by 20 percent—

11 (A) if the adjusted attributable deposit

12 amount of the Bank Insurance Fund member

13 bank is less than 50 percent of the total domes14 tic deposits of that member bank as of June 30,

15 1995; or

16 (B) if, as of June 30, 1995, the Bank In17 surance Fund member—

18 (i) had an adjusted attributable de19 posit amount equal to less than 75 percent

20 of the total assessable deposits of that

21 member bank;

22 (ii) had total assessable deposits

23 greater than $5,000,000,000; and

24 (iii) was owned or controlled by a

25 bank holding company that owned or con-
910

SJ 63 PCS

1 trolled insured depository institutions hav2 ing an aggregate amount of deposits in3 sured or treated as insured by the Bank

4 Insurance Fund greater than the aggre5 gate amount of deposits insured or treated

6 as insured by the Savings Association In7 surance Fund.

8 (2) ADJUSTED ATTRIBUTABLE DEPOSIT

9 AMOUNT.—For purposes of this subsection, the ‘‘ad10 justed attributable deposit amount’’ shall be deter11 mined in accordance with section 5(d)(3)(C) of the

12 Federal Deposit Insurance Act.

13 (i) ADJUSTMENT TO THE ADJUSTED ATTRIBUTABLE

14 DEPOSIT AMOUNT FOR CERTAIN BANK INSURANCE FUND

15 MEMBER BANKS.—Section 5(d)(3) of the Federal Deposit

16 Insurance Act (12 U.S.C. 1815(d)(3)) is amended—

17 (1) in subparagraph (C), by striking ‘‘The ad18 justed attributable deposit amount’’ and inserting

19 ‘‘Except as provided in subparagraph (K), the ad20 justed attributable deposit amount’’; and

21 (2) by adding at the end the following new sub22 paragraph:

23 ‘‘(K) ADJUSTMENT OF ADJUSTED ATTRIB24 UTABLE DEPOSIT AMOUNT.—The amount deter25 mined under subparagraph (C)(i) for deposits
911

SJ 63 PCS

1 acquired by March 31, 1995, shall be reduced

2 by 20 percent for purposes of computing the

3 adjusted attributable deposit amount for the

4 payment of any assessment for any semiannual

5 period that begins after the date of the enact6 ment of the Deposit Insurance Funds Act of

7 1996 (other than the special assessment im8 posed under section 702(a) of such Act), for a

9 Bank Insurance Fund member bank that, as of

10 June 30, 1995—

11 ‘‘(i) had an adjusted attributable de12 posit amount that was less than 50 percent

13 of the total deposits of that member bank;

14 or

15 ‘‘(ii)(I) had an adjusted attributable

16 deposit amount equal to less than 75 per17 cent of the total assessable deposits of that

18 member bank;

19 ‘‘(II) had total assessable deposits

20 greater than $5,000,000,000; and

21 ‘‘(III) was owned or controlled by a

22 bank holding company that owned or con23 trolled insured depository institutions hav24 ing an aggregate amount of deposits in25 sured or treated as insured by the Bank
912

SJ 63 PCS

1 Insurance Fund greater than the aggre2 gate amount of deposits insured or treated

3 as insured by the Savings Association In4 surance Fund.’’.

5 (j) ADJUSTMENT OF SPECIAL ASSESSMENT FOR

6 CERTAIN SAVINGS ASSOCIATIONS.—

7 (1) SPECIAL ASSESSMENT REDUCTION.—For

8 purposes of computing the special assessment im9 posed under this section, in the case of any con10 verted association, the amount of any deposits of

11 such association which were insured by the Savings

12 Association Insurance Fund as of March 31, 1995,

13 shall be reduced by 20 percent.

14 (2) CONVERTED ASSOCIATION.—For purposes

15 of this subsection, the term ‘‘converted association’’

16 means—

17 (A) any Federal savings association—

18 (i) that is a member of the Savings

19 Association Insurance Fund and that has

20 deposits subject to assessment by that

21 fund which did not exceed $4,000,000,000,

22 as of March 31, 1995; and

23 (ii) that had been, or is a successor by

24 merger, acquisition, or otherwise to an in25 stitution that had been, a State savings
913

SJ 63 PCS

1 bank, the deposits of which were insured

2 by the Federal Deposit Insurance Corpora3 tion before August 9, 1989, that converted

4 to a Federal savings association pursuant

5 to section 5(i) of the Home Owners’ Loan

6 Act before January 1, 1985;

7 (B) a State depository institution that is a

8 member of the Savings Association Insurance

9 Fund that had been a State savings bank be10 fore October 15, 1982, and was a Federal sav11 ings association on August 9, 1989;

12 (C) an insured bank that—

13 (i) was established de novo in order to

14 acquire the deposits of a savings associa15 tion in default or in danger of default;

16 (ii) did not open for business before

17 acquiring the deposits of such savings as18 sociation; and

19 (iii) was a Savings Association Insur20 ance Fund member before the date of en21 actment of this Act; and

22 (D) an insured bank that—

23 (i) resulted from a savings association

24 before December 19, 1991, in accordance
914

SJ 63 PCS

1 with section 5(d)(2)(G) of the Federal De2 posit Insurance Act; and

3 (ii) had an increase in its capital in

4 conjunction with the conversion in an

5 amount equal to more than 75 percent of

6 the capital of the institution on the day be7 fore the date of the conversion.

8 SEC. 703. FINANCING CORPORATION FUNDING.

9 (a) IN GENERAL.—Section 21 of the Federal Home

10 Loan Bank Act (12 U.S.C. 1441) is amended—

11 (1) in subsection (f)(2)—

12 (A) in the matter immediately preceding

13 subparagraph (A)—

14 (i) by striking ‘‘To the extent the

15 amounts available pursuant to paragraph

16 (1) are insufficient to cover the amount of

17 interest payments, issuance costs, and cus18 todial fees,’’ and inserting ‘‘In addition to

19 the amounts obtained pursuant to para20 graph (1),’’;

21 (ii) by striking ‘‘Savings Association

22 Insurance Fund member’’ and inserting

23 ‘‘insured depository institution’’; and

24 (iii) by striking ‘‘members’’ and in25 serting ‘‘institutions’’; and
915

SJ 63 PCS

1 (B) by striking ‘‘, except that—’’ and all

2 that follows through the end of the paragraph

3 and inserting ‘‘, except that—

4 ‘‘(A) the assessments imposed on insured

5 depository institutions with respect to any BIF6 assessable deposit shall be assessed at a rate

equal to 1 7 ⁄5 of the rate of the assessments im8 posed on insured depository institutions with

9 respect to any SAIF-assessable deposit; and

10 ‘‘(B) no limitation under clause (i) or (iii)

11 of section 7(b)(2)(A) of the Federal Deposit In12 surance Act shall apply for purposes of this

13 paragraph.’’; and

14 (2) in subsection (k)—

15 (A) by striking ‘‘section—’’ and inserting

16 ‘‘section, the following definitions shall apply:’’;

17 (B) by striking paragraph (1);

18 (C) by redesignating paragraphs (2) and

19 (3) as paragraphs (1) and (2), respectively; and

20 (D) by adding at the end the following new

21 paragraphs:

22 ‘‘(3) INSURED DEPOSITORY INSTITUTION.—The

23 term ‘insured depository institution’ has the same

24 meaning as in section 3 of the Federal Deposit In25 surance Act
916

SJ 63 PCS

1 ‘‘(4) DEPOSIT TERMS.—

2 ‘‘(A) BIF-ASSESSABLE DEPOSITS.—The

3 term ‘BIF-assessable deposit’ means a deposit

4 that is subject to assessment for purposes of

5 the Bank Insurance Fund under the Federal

6 Deposit Insurance Act (including a deposit that

7 is treated as a deposit insured by the Bank In8 surance Fund under section 5(d)(3) of the Fed9 eral Deposit Insurance Act).

10 ‘‘(B) SAIF-ASSESSABLE DEPOSIT.—The

11 term ‘SAIF-assessable deposit’ has the meaning

12 given to such term in section 710 of the De13 posit Insurance Funds Act of 1996.’’.

14 (b) CONFORMING AMENDMENT.—Section 7(b)(2) of

15 the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2))

16 is amended by striking subparagraph (D).

17 (c) EFFECTIVE DATE.—

18 (1) IN GENERAL.—Subsections (a) and (b) and

19 the amendments made by such subsections shall

20 apply with respect to semiannual periods which

21 begin after December 31, 1996.

22 (2) TERMINATION OF CERTAIN ASSESSMENT

23 RATES.—Subparagraph (A) of section 21(f)(2) of

24 the Federal Home Loan Bank Act (as amended by

25 subsection (a)) shall not apply after the earlier of—
917

SJ 63 PCS

1 (A) December 31, 1999; or

2 (B) the date as of which the last savings

3 association ceases to exist.

4 (d) PROHIBITION ON DEPOSIT SHIFTING.—

5 (1) IN GENERAL.—Effective as of the date of

6 the enactment of this Act and ending on the date

7 provided in subsection (c)(2) of this section, the

8 Comptroller of the Currency, the Board of Directors,

9 the Board of Governors of the Federal Reserve Sys10 tem, and the Director of the Office of Thrift Super11 vision shall take appropriate actions, including en12 forcement actions, denial of applications, or imposi13 tion of entrance and exit fees as if such transactions

14 qualified as conversion transactions pursuant to sec15 tion 5(d) of the Federal Deposit Insurance Act, to

16 prevent insured depository institutions and deposi17 tory institution holding companies from facilitating

18 or encouraging the shifting of deposits from SAIF19 assessable deposits to BIF-assessable deposits (as

20 defined in section 21(k) of the Federal Home Loan

21 Bank Act) for the purpose of evading the assess22 ments imposed on insured depository institutions

23 with respect to SAIF-assessable deposits under sec24 tion 7(b) of the Federal Deposit Insurance Act and
918

SJ 63 PCS

1 section 21(f)(2) of the Federal Home Loan Bank

2 Act.

3 (2) REGULATIONS.—The Board of Directors

4 may issue regulations, including regulations defining

5 terms used in paragraph (1), to prevent the shifting

6 of deposits described in such paragraph.

7 (3) RULE OF CONSTRUCTION.—No provision of

8 this subsection shall be construed as prohibiting con9 duct or activity of any insured depository institution

10 which—

11 (A) is undertaken in the ordinary course of

12 business of such depository institution; and

13 (B) is not directed towards the depositors

14 of an insured depository institution affiliate (as

15 defined in section 2(k) of the Bank Holding

16 Company Act of 1956) of such depository insti17 tution.

18 SEC. 704. MERGER OF BIF AND SAIF.

19 (a) IN GENERAL.—

20 (1) MERGER.—The Bank Insurance Fund and

21 the Savings Association Insurance Fund shall be

22 merged into the Deposit Insurance Fund established

23 by section 11(a)(4) of the Federal Deposit Insurance

24 Act, as amended by this section.
919

SJ 63 PCS

1 (2) DISPOSITION OF ASSETS AND LIABIL2 ITIES.—All assets and liabilities of the Bank Insur3 ance Fund and the Savings Association Insurance

4 Fund shall be transferred to the Deposit Insurance

5 Fund.

6 (3) NO SEPARATE EXISTENCE.—The separate

7 existence of the Bank Insurance Fund and the Sav8 ings Association Insurance Fund shall cease.

9 (b) SPECIAL RESERVE OF THE DEPOSIT INSURANCE

10 FUND.—

11 (1) IN GENERAL.—Immediately before the

12 merger of the Bank Insurance Fund and the Sav13 ings Association Insurance Fund, if the reserve ratio

14 of the Savings Association Insurance Fund exceeds

15 the designated reserve ratio, the amount by which

16 that reserve ratio exceeds the designated reserve

17 ratio shall be placed in the Special Reserve of the

18 Deposit Insurance Fund, established under section

19 11(a)(5) of the Federal Deposit Insurance Act, as

20 amended by this section.

21 (2) DEFINITION.—For purposes of this sub22 section, the term ‘‘reserve ratio’’ means the ratio of

23 the net worth of the Savings Association Insurance

24 Fund to the aggregate estimated amount of deposits

25 insured by the Savings Association Insurance Fund.
920

SJ 63 PCS

1 (c) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall become effective on Janu3 ary 1, 1999, if no insured depository institution is a sav4 ings association on that date.

5 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

6 (1) DEPOSIT INSURANCE FUND.—Section

7 11(a)(4) of the Federal Deposit Insurance Act (12

8 U.S.C. 1821(a)(4)) is amended—

9 (A) by redesignating subparagraph (B) as

10 subparagraph (C);

11 (B) by striking subparagraph (A) and in12 serting the following:

13 ‘‘(A) ESTABLISHMENT.—There is estab14 lished the Deposit Insurance Fund, which the

15 Corporation shall—

16 ‘‘(i) maintain and administer;

17 ‘‘(ii) use to carry out its insurance

18 purposes in the manner provided by this

19 subsection; and

20 ‘‘(iii) invest in accordance with section

21 13(a).

22 ‘‘(B) USES.—The Deposit Insurance Fund

23 shall be available to the Corporation for use

24 with respect to Deposit Insurance Fund mem25 bers.’’; and
921

SJ 63 PCS

1 (C) by striking ‘‘(4) GENERAL PROVISIONS

2 RELATING TO FUNDS.—’’ and inserting the fol3 lowing:

4 ‘‘(4) ESTABLISHMENT OF THE DEPOSIT INSUR5 ANCE FUND.—’’.

6 (2) OTHER REFERENCES.—Section 11(a)(4)(C)

7 of the Federal Deposit Insurance Act (12 U.S.C.

8 1821(a)(4)(C), as redesignated by paragraph (1) of

9 this subsection) is amended by striking ‘‘Bank In10 surance Fund and the Savings Association Insur11 ance Fund’’ and inserting ‘‘Deposit Insurance

12 Fund’’.

13 (3) DEPOSITS INTO FUND.—Section 11(a)(4) of

14 the Federal Deposit Insurance Act (12 U.S.C.

15 1821(a)(4)) is amended by adding at the end the

16 following new subparagraph:

17 ‘‘(D) DEPOSITS.—All amounts assessed

18 against insured depository institutions by the

19 Corporation shall be deposited in the Deposit

20 Insurance Fund.’’.

21 (4) SPECIAL RESERVE OF DEPOSITS.—Section

22 11(a)(5) of the Federal Deposit Insurance Act (12

23 U.S.C. 1821(a)(5)) is amended to read as follows:

24 ‘‘(5) SPECIAL RESERVE OF DEPOSIT INSUR25 ANCE FUND.—
922

SJ 63 PCS

1 ‘‘(A) ESTABLISHMENT.—

2 ‘‘(i) IN GENERAL.—There is estab3 lished a Special Reserve of the Deposit In4 surance Fund, which shall be administered

5 by the Corporation and shall be invested in

6 accordance with section 13(a).

7 ‘‘(ii) LIMITATION.—The Corporation

8 shall not provide any assessment credit, re9 fund, or other payment from any amount

10 in the Special Reserve.

11 ‘‘(B) EMERGENCY USE OF SPECIAL RE12 SERVE.—Notwithstanding subparagraph (A)(ii),

13 the Corporation may, in its sole discretion,

14 transfer amounts from the Special Reserve to

15 the Deposit Insurance Fund, for the purposes

16 set forth in paragraph (4), only if—

17 ‘‘(i) the reserve ratio of the Deposit

18 Insurance Fund is less than 50 percent of

19 the designated reserve ratio; and

20 ‘‘(ii) the Corporation expects the re21 serve ratio of the Deposit Insurance Fund

22 to remain at less than 50 percent of the

23 designated reserve ratio for each of the

24 next 4 calendar quarters.
923

SJ 63 PCS

1 ‘‘(C) EXCLUSION OF SPECIAL RESERVE IN

2 CALCULATING RESERVE RATIO.—Notwithstand3 ing any other provision of law, any amounts in

4 the Special Reserve shall be excluded in cal5 culating the reserve ratio of the Deposit Insur6 ance Fund under section 7.’’.

7 (5) FEDERAL HOME LOAN BANK ACT.—Section

8 21B(f)(2)(C)(ii) of the Federal Home Loan Bank

9 Act (12 U.S.C. 1441b(f)(2)(C)(ii)) is amended—

10 (A) in subclause (I), by striking ‘‘to Sav11 ings Associations Insurance Fund members’’

12 and inserting ‘‘to insured depository institu13 tions, and their successors, which were Savings

14 Association Insurance Fund members on Sep15 tember 1, 1995’’; and

16 (B) in subclause (II), by striking ‘‘to Sav17 ings Associations Insurance Fund members’’

18 and inserting ‘‘to insured depository institu19 tions, and their successors, which were Savings

20 Association Insurance Fund members on Sep21 tember 1, 1995’’.

22 (6) REPEALS.—

23 (A) SECTION 3.—Section 3(y) of the Fed24 eral Deposit Insurance Act (12 U.S.C. 1813(y))

25 is amended to read as follows:
924

SJ 63 PCS

1 ‘‘(y) DEFINITIONS RELATING TO THE DEPOSIT IN2 SURANCE FUND.—

3 ‘‘(1) DEPOSIT INSURANCE FUND.—The term

4 ‘Deposit Insurance Fund’ means the fund estab5 lished under section 11(a)(4).

6 ‘‘(2) RESERVE RATIO.—The term ‘reserve ratio’

7 means the ratio of the net worth of the Deposit In8 surance Fund to aggregate estimated insured depos9 its held in all insured depository institutions.

10 ‘‘(3) DESIGNATED RESERVE RATIO.—The des11 ignated reserve ratio of the Deposit Insurance Fund

12 for each year shall be—

13 ‘‘(A) 1.25 percent of estimated insured de14 posits; or

15 ‘‘(B) a higher percentage of estimated in16 sured deposits that the Board of Directors de17 termines to be justified for that year by cir18 cumstances raising a significant risk of sub19 stantial future losses to the fund.’’.

20 (B) SECTION 7.—Section 7 of the Federal

21 Deposit Insurance Act (12 U.S.C. 1817) is

22 amended—

23 (i) by striking subsection (l);
925

SJ 63 PCS

1 (ii) by redesignating subsections (m)

2 and (n) as subsections (l) and (m), respec3 tively;

4 (iii) in subsection (b)(2), by striking

5 subparagraphs (B) and (F), and by redes6 ignating subparagraphs (C), (E), (G), and

7 (H) as subparagraphs (B) through (E), re8 spectively.

9 (C) SECTION 11.—Section 11(a) of the

10 Federal Deposit Insurance Act (12 U.S.C.

11 1821(a)) is amended—

12 (i) by striking paragraphs (6) and (7);

13 and

14 (ii) by redesignating paragraph (8) as

15 paragraph (6).

16 (7) SECTION 5136 OF THE REVISED STAT17 UTES.—The paragraph designated the ‘‘Eleventh’’ of

18 section 5136 of the Revised Statutes (12 U.S.C. 24)

19 is amended in the 5th sentence, by striking ‘‘affected

20 deposit insurance fund’’ and inserting ‘‘Deposit In21 surance Fund’’.

22 (8) INVESTMENTS PROMOTING PUBLIC WEL23 FARE; LIMITATIONS ON AGGREGATE INVEST24 MENTS.—The 23d undesignated paragraph of sec25 tion 9 of the Federal Reserve Act (12 U.S.C. 338a)
926

SJ 63 PCS

1 is amended in the 4th sentence, by striking ‘‘affected

2 deposit insurance fund’’ and inserting ‘‘Deposit In3 surance Fund’’.

4 (9) ADVANCES TO CRITICALLY UNDERCAPITAL5 IZED DEPOSITORY INSTITUTIONS.—Section

6 10B(b)(3)(A)(ii) of the Federal Reserve Act (12

7 U.S.C. 347b(b)(3)(A)(ii)) is amended by striking

8 ‘‘any deposit insurance fund in’’ and inserting ‘‘the

9 Deposit Insurance Fund of’’.

10 (10) AMENDMENTS TO THE BALANCED BUDGET

11 AND EMERGENCY DEFICIT CONTROL ACT OF 1985.—

12 Section 255(g)(1)(A) of the Balanced Budget and

13 Emergency Deficit Control Act of 1985 (2 U.S.C.

14 905(g)(1)(A)) is amended—

15 (A) by striking ‘‘Bank Insurance Fund’’

16 and inserting ‘‘Deposit Insurance Fund’’; and

17 (B) by striking ‘‘Federal Deposit Insur18 ance Corporation, Savings Association Insur19 ance Fund;’’.

20 (11) FURTHER AMENDMENTS TO THE FEDERAL

21 HOME LOAN BANK ACT.—The Federal Home Loan

22 Bank Act (12 U.S.C. 1421 et seq.) is amended—

23 (A) in section 11(k) (12 U.S.C.

24 1431(k))—
927

SJ 63 PCS

1 (i) in the subsection heading, by strik2 ing ‘‘SAIF’’ and inserting ‘‘THE DEPOSIT

3 INSURANCE FUND’’; and

4 (ii) by striking ‘‘Savings Association

5 Insurance Fund’’ each place such term ap6 pears and inserting ‘‘Deposit Insurance

7 Fund’’;

8 (B) in section 21A(b)(4)(B) (12 U.S.C.

9 1441a(b)(4)(B)), by striking ‘‘affected deposit

10 insurance fund’’ and inserting ‘‘Deposit Insur11 ance Fund’’;

12 (C) in section 21A(b)(6)(B) (12 U.S.C.

13 1441a(b)(6)(B))—

14 (i) in the subparagraph heading, by

15 striking ‘‘SAIF-INSURED BANKS’’ and in16 serting ‘‘CHARTER CONVERSIONS’’; and

17 (ii) by striking ‘‘Savings Association

18 Insurance Fund member’’ and inserting

19 ‘‘savings association’’;

20 (D) in section 21A(b)(10)(A)(iv)(II) (12

21 U.S.C. 1441a(b)(10)(A)(iv)(II)), by striking

22 ‘‘Savings Association Insurance Fund’’ and in23 serting ‘‘Deposit Insurance Fund’’;

24 (E) in section 21B(e) (12 U.S.C.

25 1441b(e))—
928

SJ 63 PCS

1 (i) in paragraph (5), by inserting ‘‘as

2 of the date of funding’’ after ‘‘Savings As3 sociation Insurance Fund members’’ each

4 place such term appears;

5 (ii) by striking paragraph (7); and

6 (iii) by redesignating paragraph (8) as

7 paragraph (7); and

8 (F) in section 21B(k) (12 U.S.C.

9 1441b(k))—

10 (i) by striking paragraph (8); and

11 (ii) by redesignating paragraphs (9)

12 and (10) as paragraphs (8) and (9), re13 spectively.

14 (12) AMENDMENTS TO THE HOME OWNERS’

15 LOAN ACT.—The Home Owners’ Loan Act (12

16 U.S.C. 1461 et seq.) is amended—

17 (A) in section 5 (12 U.S.C. 1464)—

18 (i) in subsection (c)(5)(A), by striking

19 ‘‘that is a member of the Bank Insurance

20 Fund’’;

21 (ii) in subsection (c)(6), by striking

22 ‘‘As used in this subsection—’’ and insert23 ing ‘‘For purposes of this subsection, the

24 following definitions shall apply:’’;
929

SJ 63 PCS

1 (iii) in subsection (o)(1), by striking

2 ‘‘that is a Bank Insurance Fund member’’;

3 (iv) in subsection (o)(2)(A), by strik4 ing ‘‘a Bank Insurance Fund member until

5 such time as it changes its status to a Sav6 ings Association Insurance Fund member’’

7 and inserting ‘‘insured by the Deposit In8 surance Fund’’;

9 (v) in subsection (t)(5)(D)(iii)(II), by

10 striking ‘‘affected deposit insurance fund’’

11 and inserting ‘‘Deposit Insurance Fund’’;

12 (vi) in subsection (t)(7)(C)(i)(I), by

13 striking ‘‘affected deposit insurance fund’’

14 and inserting ‘‘Deposit Insurance Fund’’;

15 and

16 (vii) in subsection (v)(2)(A)(i), by

17 striking ‘‘, the Savings Association Insur18 ance Fund’’ and inserting ‘‘or the Deposit

19 Insurance Fund’’; and

20 (B) in section 10 (12 U.S.C. 1467a)—

21 (i) in subsection (e)(1)(A)(iii)(VII), by

22 adding ‘‘or’’ at the end;

23 (ii) in subsection (e)(1)(A)(iv), by

24 adding ‘‘and’’ at the end;
930

SJ 63 PCS

1 (iii) in subsection (e)(1)(B), by strik2 ing ‘‘Savings Association Insurance Fund

3 or Bank Insurance Fund’’ and inserting

4 ‘‘Deposit Insurance Fund’’;

5 (iv) in subsection (e)(2), by striking

6 ‘‘Savings Association Insurance Fund or

7 the Bank Insurance Fund’’ and inserting

8 ‘‘Deposit Insurance Fund’’; and

9 (v) in subsection (m)(3), by striking

10 subparagraph (E), and by redesignating

11 subparagraphs (F), (G), and (H) as sub12 paragraphs (E), (F), and (G), respectively.

13 (13) AMENDMENTS TO THE NATIONAL HOUSING

14 ACT.—The National Housing Act (12 U.S.C. 1701

15 et seq.) is amended—

16 (A) in section 317(b)(1)(B) (12 U.S.C.

17 1723i(b)(1)(B)), by striking ‘‘Bank Insurance

18 Fund for banks or through the Savings Asso19 ciation Insurance Fund for savings associa20 tions’’ and inserting ‘‘Deposit Insurance Fund’’;

21 and

22 (B) in section 526(b)(1)(B)(ii) (12 U.S.C.

23 1735f–14(b)(1)(B)(ii)), by striking ‘‘Bank In24 surance Fund for banks and through the Sav25 ings Association Insurance Fund for savings as-
931

SJ 63 PCS

1 sociations’’ and inserting ‘‘Deposit Insurance

2 Fund’’.

3 (14) FURTHER AMENDMENTS TO THE FEDERAL

4 DEPOSIT INSURANCE ACT.—The Federal Deposit In5 surance Act (12 U.S.C. 1811 et seq.) is amended—

6 (A) in section 3(a)(1) (12 U.S.C.

7 1813(a)(1)), by striking subparagraph (B) and

8 inserting the following:

9 ‘‘(B) includes any former savings associa10 tion.’’;

11 (B) in section 5(b)(5) (12 U.S.C.

12 1815(b)(5)), by striking ‘‘the Bank Insurance

13 Fund or the Savings Association Insurance

14 Fund;’’ and inserting ‘‘Deposit Insurance

15 Fund,’’;

16 (C) in section 5(d) (12 U.S.C. 1815(d)),

17 by striking paragraphs (2) and (3);

18 (D) in section 5(d)(1) (12 U.S.C.

19 1815(d)(1))—

20 (i) in subparagraph (A), by striking

21 ‘‘reserve ratios in the Bank Insurance

22 Fund and the Savings Association Insur23 ance Fund’’ and inserting ‘‘the reserve

24 ratio of the Deposit Insurance Fund’’;
932

SJ 63 PCS

1 (ii) by striking subparagraph (B) and

2 inserting the following:

3 ‘‘(2) FEE CREDITED TO THE DEPOSIT INSUR4 ANCE FUND.—The fee paid by the depository insti5 tution under paragraph (1) shall be credited to the

6 Deposit Insurance Fund.’’;

7 (iii) by striking ‘‘(1) UNINSURED IN8 STITUTIONS.—’’; and

9 (iv) by redesignating subparagraphs

10 (A) and (C) as paragraphs (1) and (3), re11 spectively, and moving the margins 2 ems

12 to the left;

13 (E) in section 5(e) (12 U.S.C. 1815(e))—

14 (i) in paragraph (5)(A), by striking

15 ‘‘Bank Insurance Fund or the Savings As16 sociation Insurance Fund’’ and inserting

17 ‘‘Deposit Insurance Fund’’;

18 (ii) by striking paragraph (6); and

19 (iii) by redesignating paragraphs (7),

20 (8), and (9) as paragraphs (6), (7), and

21 (8), respectively;

22 (F) in section 6(5) (12 U.S.C. 1816(5)),

23 by striking ‘‘Bank Insurance Fund or the Sav24 ings Association Insurance Fund’’ and inserting

25 ‘‘Deposit Insurance Fund’’;
933

SJ 63 PCS

1 (G) in section 7(b) (12 U.S.C. 1817(b))—

2 (i) in paragraph (1)(D), by striking

3 ‘‘each deposit insurance fund’’ and insert4 ing ‘‘the Deposit Insurance Fund’’;

5 (ii) in clauses (i)(I) and (iv) of para6 graph (2)(A), by striking ‘‘each deposit in7 surance fund’’ each place such term ap8 pears and inserting ‘‘the Deposit Insurance

9 Fund’’;

10 (iii) in paragraph (2)(A)(iii), by strik11 ing ‘‘a deposit insurance fund’’ and insert12 ing ‘‘the Deposit Insurance Fund’’;

13 (iv) by striking clause (iv) of para14 graph (2)(A);

15 (v) in paragraph (2)(C) (as redesig16 nated by paragraph (6)(B) of this sub17 section)—

18 (I) by striking ‘‘any deposit in19 surance fund’’ and inserting ‘‘the De20 posit Insurance Fund’’; and

21 (II) by striking ‘‘that fund’’ each

22 place such term appears and inserting

23 ‘‘the Deposit Insurance Fund’’;
934

SJ 63 PCS

1 (vi) in paragraph (2)(D) (as redesig2 nated by paragraph (6)(B) of this sub3 section)—

4 (I) in the subparagraph heading,

5 by striking ‘‘FUNDS ACHIEVE’’ and in6 serting ‘‘FUND ACHIEVES’’; and

7 (II) by striking ‘‘a deposit insur8 ance fund’’ and inserting ‘‘the Deposit

9 Insurance Fund’’;

10 (vii) in paragraph (3)—

11 (I) in the paragraph heading, by

12 striking ‘‘FUNDS’’ and inserting

13 ‘‘FUND’’;

14 (II) by striking ‘‘members of that

15 fund’’ where such term appears in the

16 portion of subparagraph (A) which

17 precedes clause (i) of such subpara18 graph and inserting ‘‘insured deposi19 tory institutions’’;

20 (III) by striking ‘‘that fund’’

21 each place such term appears and in22 serting ‘‘the Deposit Insurance

23 Fund’’;
935

SJ 63 PCS

1 (IV) in subparagraph (A), by

2 striking ‘‘Except as provided in para3 graph (2)(F), if’’ and inserting ‘‘If’’;

4 (V) in subparagraph (A), by

5 striking ‘‘any deposit insurance fund’’

6 and inserting ‘‘the Deposit Insurance

7 Fund’’; and

8 (VI) by striking subparagraphs

9 (C) and (D) and inserting the follow10 ing:

11 ‘‘(C) AMENDING SCHEDULE.—The Cor12 poration may, by regulation, amend a schedule

13 promulgated under subparagraph (B).’’; and

14 (viii) in paragraph (6)—

15 (I) by striking ‘‘any such assess16 ment’’ and inserting ‘‘any such assess17 ment is necessary’’;

18 (II) by striking ‘‘(A) is nec19 essary—’’;

20 (III) by striking subparagraph

21 (B);

22 (IV) by redesignating clauses (i),

23 (ii), and (iii) as subparagraphs (A),

24 (B), and (C), respectively, and moving

25 the margins 2 ems to the left; and
936

SJ 63 PCS

1 (V) in subparagraph (C) (as re2 designated), by striking ‘‘; and’’ and

3 inserting a period;

4 (H) in section 11(f)(1) (12 U.S.C.

5 1821(f)(1)), by striking ‘‘, except that—’’ and

6 all that follows through the end of the para7 graph and inserting a period;

8 (I) in section 11(i)(3) (12 U.S.C.

9 1821(i)(3))—

10 (i) by striking subparagraph (B);

11 (ii) by redesignating subparagraph

12 (C) as subparagraph (B); and

13 (iii) in subparagraph (B) (as redesig14 nated), by striking ‘‘subparagraphs (A)

15 and (B)’’ and inserting ‘‘subparagraph

16 (A)’’;

17 (J) in section 11A(a) (12 U.S.C.

18 1821a(a))—

19 (i) in paragraph (2), by striking ‘‘LI20 ABILITIES.—’’ and all that follows through

21 ‘‘Except’’ and inserting ‘‘LIABILITIES.—

22 Except’’;

23 (ii) by striking paragraph (2)(B); and

24 (iii) in paragraph (3), by striking ‘‘the

25 Bank Insurance Fund, the Savings Asso-
937

SJ 63 PCS

1 ciation Insurance Fund,’’ and inserting

2 ‘‘the Deposit Insurance Fund’’;

3 (K) in section 11A(b) (12 U.S.C.

4 1821a(b)), by striking paragraph (4);

5 (L) in section 11A(f) (12 U.S.C.

6 1821a(f)), by striking ‘‘Savings Association In7 surance Fund’’ and inserting ‘‘Deposit Insur8 ance Fund’’;

9 (M) in section 13 (12 U.S.C. 1823)—

10 (i) in subsection (a)(1), by striking

11 ‘‘Bank Insurance Fund, the Savings Asso12 ciation Insurance Fund,’’ and inserting

13 ‘‘Deposit Insurance Fund, the Special Re14 serve of the Deposit Insurance Fund,’’;

15 (ii) in subsection (c)(4)(E)—

16 (I) in the subparagraph heading,

17 by striking ‘‘FUNDS’’ and inserting

18 ‘‘FUND’’; and

19 (II) in clause (i), by striking

20 ‘‘any insurance fund’’ and inserting

21 ‘‘the Deposit Insurance Fund’’;

22 (iii) in subsection (c)(4)(G)(ii)—

23 (I) by striking ‘‘appropriate in24 surance fund’’ and inserting ‘‘Deposit

25 Insurance Fund’’;
938

SJ 63 PCS

1 (II) by striking ‘‘the members of

2 the insurance fund (of which such in3 stitution is a member)’’ and inserting

4 ‘‘insured depository institutions’’;

5 (III) by striking ‘‘each mem6 ber’s’’ and inserting ‘‘each insured de7 pository institution’s’’; and

8 (IV) by striking ‘‘the member’s’’

9 each place such term appears and in10 serting ‘‘the institution’s’’;

11 (iv) in subsection (c), by striking

12 paragraph (11);

13 (v) in subsection (h), by striking

14 ‘‘Bank Insurance Fund’’ and inserting

15 ‘‘Deposit Insurance Fund’’;

16 (vi) in subsection (k)(4)(B)(i), by

17 striking ‘‘Savings Association Insurance

18 Fund’’ and inserting ‘‘Deposit Insurance

19 Fund’’; and

20 (vii) in subsection (k)(5)(A), by strik21 ing ‘‘Savings Association Insurance Fund’’

22 and inserting ‘‘Deposit Insurance Fund’’;

23 (N) in section 14(a) (12 U.S.C. 1824(a))

24 in the 5th sentence—
939

SJ 63 PCS

1 (i) by striking ‘‘Bank Insurance Fund

2 or the Savings Association Insurance

3 Fund’’ and inserting ‘‘Deposit Insurance

4 Fund’’; and

5 (ii) by striking ‘‘each such fund’’ and

6 inserting ‘‘the Deposit Insurance Fund’’;

7 (O) in section 14(b) (12 U.S.C. 1824(b)),

8 by striking ‘‘Bank Insurance Fund or Savings

9 Association Insurance Fund’’ and inserting

10 ‘‘Deposit Insurance Fund’’;

11 (P) in section 14(c) (12 U.S.C. 1824(c)),

12 by striking paragraph (3);

13 (Q) in section 14(d) (12 U.S.C.

14 1824(d))—

15 (i) by striking ‘‘BIF’’ each place such

16 term appears and inserting ‘‘DIF’’; and

17 (ii) by striking ‘‘Bank Insurance

18 Fund’’ each place such term appears and

19 inserting ‘‘Deposit Insurance Fund’’;

20 (R) in section 15(c)(5) (12 U.S.C.

21 1825(c)(5))—

22 (i) by striking ‘‘the Bank Insurance

23 Fund or Savings Association Insurance

24 Fund, respectively’’ each place such term
940

SJ 63 PCS

1 appears and inserting ‘‘the Deposit Insur2 ance Fund’’; and

3 (ii) in subparagraph (B), by striking

4 ‘‘the Bank Insurance Fund or the Savings

5 Association Insurance Fund, respectively’’

6 and inserting ‘‘the Deposit Insurance

7 Fund’’;

8 (S) in section 17(a) (12 U.S.C. 1827(a))—

9 (i) in the subsection heading, by strik10 ing ‘‘BIF, SAIF,’’ and inserting ‘‘THE DE11 POSIT INSURANCE FUND’’; and

12 (ii) in paragraph (1), by striking ‘‘the

13 Bank Insurance Fund, the Savings Asso14 ciation Insurance Fund,’’ each place such

15 term appears and inserting ‘‘the Deposit

16 Insurance Fund’’;

17 (T) in section 17(d) (12 U.S.C. 1827(d)),

18 by striking ‘‘the Bank Insurance Fund, the

19 Savings Association Insurance Fund,’’ each

20 place such term appears and inserting ‘‘the De21 posit Insurance Fund’’;

22 (U) in section 18(m)(3) (12 U.S.C.

23 1828(m)(3))—

24 (i) by striking ‘‘Savings Association

25 Insurance Fund’’ each place such term ap-
941

SJ 63 PCS

1 pears and inserting ‘‘Deposit Insurance

2 Fund’’; and

3 (ii) in subparagraph (C), by striking

4 ‘‘or the Bank Insurance Fund’’;

5 (V) in section 18(p) (12 U.S.C. 1828(p)),

6 by striking ‘‘deposit insurance funds’’ and in7 serting ‘‘Deposit Insurance Fund’’;

8 (W) in section 24 (12 U.S.C. 1831a) in

9 subsections (a)(1) and (d)(1)(A), by striking

10 ‘‘appropriate deposit insurance fund’’ each

11 place such term appears and inserting ‘‘Deposit

12 Insurance Fund’’;

13 (X) in section 28 (12 U.S.C. 1831e), by

14 striking ‘‘affected deposit insurance fund’’ each

15 place such term appears and inserting ‘‘Deposit

16 Insurance Fund’’;

17 (Y) by striking section 31 (12 U.S.C.

18 1831h);

19 (Z) in section 36(i)(3) (12 U.S.C.

20 1831m(i)(3)) by striking ‘‘affected deposit in21 surance fund’’ and inserting ‘‘Deposit Insur22 ance Fund’’;

23 (AA) in section 38(a) (12 U.S.C.

24 1831o(a)) in the subsection heading, by striking

25 ‘‘FUNDS’’ and inserting ‘‘FUND’’;
942

SJ 63 PCS

1 (BB) in section 38(k) (12 U.S.C.

2 1831o(k))—

3 (i) in paragraph (1), by striking ‘‘a

4 deposit insurance fund’’ and inserting ‘‘the

5 Deposit Insurance Fund’’; and

6 (ii) in paragraph (2)(A)—

7 (I) by striking ‘‘A deposit insur8 ance fund’’ and inserting ‘‘The De9 posit Insurance Fund’’; and

10 (II) by striking ‘‘the deposit in11 surance fund’s outlays’’ and inserting

12 ‘‘the outlays of the Deposit Insurance

13 Fund’’; and

14 (CC) in section 38(o) (12 U.S.C.

15 1831o(o))—

16 (i) by striking ‘‘ASSOCIATIONS.—’’

17 and all that follows through ‘‘Subsections

18 (e)(2)’’ and inserting ‘‘ASSOCIATIONS.—

19 Subsections (e)(2)’’;

20 (ii) by redesignating subparagraphs

21 (A), (B), and (C) as paragraphs (1), (2),

22 and (3), respectively, and moving the mar23 gins 2 ems to the left; and

24 (iii) in paragraph (1) (as redesig25 nated), by redesignating clauses (i) and (ii)
943

SJ 63 PCS

1 as subparagraphs (A) and (B), respec2 tively, and moving the margins 2 ems to

3 the left.

4 (15) AMENDMENTS TO THE FINANCIAL INSTI5 TUTIONS REFORM, RECOVERY, AND ENFORCEMENT

6 ACT OF 1989.—The Financial Institutions Reform,

7 Recovery, and Enforcement Act (Public Law 101–

8 73; 103 Stat. 183) is amended—

9 (A) in section 951(b)(3)(B) (12 U.S.C.

10 1833a(b)(3)(B)), by striking ‘‘Bank Insurance

11 Fund, the Savings Association Insurance

12 Fund,’’ and inserting ‘‘Deposit Insurance

13 Fund’’; and

14 (B) in section 1112(c)(1)(B) (12 U.S.C.

15 3341(c)(1)(B)), by striking ‘‘Bank Insurance

16 Fund, the Savings Association Insurance

17 Fund,’’ and inserting ‘‘Deposit Insurance

18 Fund’’.

19 (16) AMENDMENT TO THE BANK ENTERPRISE

20 ACT OF 1991.—Section 232(a)(1) of the Bank Enter21 prise Act of 1991 (12 U.S.C. 1834(a)(1)) is amend22 ed by striking ‘‘section 7(b)(2)(H)’’ and inserting

23 ‘‘section 7(b)(2)(G)’’.

24 (17) AMENDMENT TO THE BANK HOLDING

25 COMPANY ACT OF 1956.—Section 2(j)(2) of the Bank
944

SJ 63 PCS

1 Holding Company Act of 1956 (12 U.S.C.

2 1841(j)(2)) is amended by striking ‘‘Savings Asso3 ciation Insurance Fund’’ and inserting ‘‘Deposit In4 surance Fund’’.

5 SEC. 705. CREATION OF SAIF SPECIAL RESERVE.

6 Section 11(a)(6) of the Federal Deposit Insurance

7 Act (12 U.S.C. 1821(a)(6)) is amended by adding at the

8 end the following new subparagraph:

9 ‘‘(L) ESTABLISHMENT OF SAIF SPECIAL RE10 SERVE.—

11 ‘‘(i) ESTABLISHMENT.—If, on January 1,

12 1999, the reserve ratio of the Savings Associa13 tion Insurance Fund exceeds the designated re14 serve ratio, there is established a Special Re15 serve of the Savings Association Insurance

16 Fund, which shall be administered by the Cor17 poration and shall be invested in accordance

18 with section 13(a).

19 ‘‘(ii) AMOUNTS IN SPECIAL RESERVE.—If,

20 on January 1, 1999, the reserve ratio of the

21 Savings Association Insurance Fund exceeds

22 the designated reserve ratio, the amount by

23 which the reserve ratio exceeds the designated

24 reserve ratio shall be placed in the Special Re-
945

SJ 63 PCS

1 serve of the Savings Association Insurance

2 Fund established by clause (i).

3 ‘‘(iii) LIMITATION.—The Corporation shall

4 not provide any assessment credit, refund, or

5 other payment from any amount in the Special

6 Reserve of the Savings Association Insurance

7 Fund.

8 ‘‘(iv) EMERGENCY USE OF SPECIAL RE9 SERVE.—Notwithstanding clause (iii), the Cor10 poration may, in its sole discretion, transfer

11 amounts from the Special Reserve of the Sav12 ings Association Insurance Fund to the Savings

13 Association Insurance Fund for the purposes

14 set forth in paragraph (4), only if—

15 ‘‘(I) the reserve ratio of the Savings

16 Association Insurance Fund is less than 50

17 percent of the designated reserve ratio; and

18 ‘‘(II) the Corporation expects the re19 serve ratio of the Savings Association In20 surance Fund to remain at less than 50

21 percent of the designated reserve ratio for

22 each of the next 4 calendar quarters.

23 ‘‘(v) EXCLUSION OF SPECIAL RESERVE IN

24 CALCULATING RESERVE RATIO.—Notwithstand25 ing any other provision of law, any amounts in
946

SJ 63 PCS

1 the Special Reserve of the Savings Association

2 Insurance Fund shall be excluded in calculating

3 the reserve ratio of the Savings Association In4 surance Fund.’’.

5 SEC. 706. REFUND OF AMOUNTS IN DEPOSIT INSURANCE

6 FUND IN EXCESS OF DESIGNATED RESERVE

7 AMOUNT.

8 Subsection (e) of section 7 of the Federal Deposit In9 surance Act (12 U.S.C. 1817(e)) is amended to read as

10 follows:

11 ‘‘(e) REFUNDS.—

12 ‘‘(1) OVERPAYMENTS.—In the case of any pay13 ment of an assessment by an insured depository in14 stitution in excess of the amount due to the Cor15 poration, the Corporation may—

16 ‘‘(A) refund the amount of the excess pay17 ment to the insured depository institution; or

18 ‘‘(B) credit such excess amount toward the

19 payment of subsequent semiannual assessments

20 until such credit is exhausted.

21 ‘‘(2) BALANCE IN INSURANCE FUND IN EXCESS

22 OF DESIGNATED RESERVE.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graphs (B) and (C), if, as of the end of any

25 semiannual assessment period beginning after
947

SJ 63 PCS

1 the date of the enactment of the Deposit Insur2 ance Funds Act of 1996, the amount of the ac3 tual reserves in—

4 ‘‘(i) the Bank Insurance Fund (until

5 the merger of such fund into the Deposit

6 Insurance Fund pursuant to section 704 of

7 the Deposit Insurance Funds Act of 1996);

8 or

9 ‘‘(ii) the Deposit Insurance Fund

10 (after the establishment of such fund),

11 exceeds the balance required to meet the des12 ignated reserve ratio applicable with respect to

13 such fund, such excess amount shall be re14 funded to insured depository institutions by the

15 Corporation on such basis as the Board of Di16 rectors determines to be appropriate, taking

17 into account the factors considered under the

18 risk-based assessment system.

19 ‘‘(B) REFUND NOT TO EXCEED PREVIOUS

20 SEMIANNUAL ASSESSMENT.—The amount of

21 any refund under this paragraph to any mem22 ber of a deposit insurance fund for any semi23 annual assessment period may not exceed the

24 total amount of assessments paid by such mem-
948

SJ 63 PCS

1 ber to the insurance fund with respect to such

2 period.

3 ‘‘(C) REFUND LIMITATION FOR CERTAIN

4 INSTITUTIONS.—No refund may be made under

5 this paragraph with respect to the amount of

6 any assessment paid for any semiannual assess7 ment period by any insured depository institu8 tion described in clause (v) of subsection

9 (b)(2)(A).’’.

10 SEC. 707. ASSESSMENT RATES FOR SAIF MEMBERS MAY

11 NOT BE LESS THAN ASSESSMENT RATES FOR

12 BIF MEMBERS.

13 Section 7(b)(2)(C) of the Federal Deposit Insurance

14 Act (12 U.S.C. 1817(b)(2)(E), as redesignated by section

15 704(d)(6) of this division) is amended—

16 (1) by striking ‘‘and’’ at the end of clause (i);

17 (2) by striking the period at the end of clause

18 (ii) and inserting ‘‘; and’’; and

19 (3) by adding at the end the following new

20 clause:

21 ‘‘(iii) notwithstanding any other provi22 sion of this subsection, during the period

23 beginning on the date of enactment of the

24 Deposit Insurance Funds Act of 1996, and

25 ending on December 31, 1998, the assess-
949

SJ 63 PCS

1 ment rate for a Savings Association Insur2 ance Fund member may not be less than

3 the assessment rate for a Bank Insurance

4 Fund member that poses a comparable

5 risk to the deposit insurance fund.’’.

6 SEC. 708. ASSESSMENTS AUTHORIZED ONLY IF NEEDED TO

7 MAINTAIN THE RESERVE RATIO OF A DE8 POSIT INSURANCE FUND.

9 (a) IN GENERAL.—Section 7(b)(2)(A)(i) of the Fed10 eral Deposit Insurance Act (12 U.S.C. 1817(b)(2)(A)(i))

11 is amended in the matter preceding subclause (I) by in12 serting ‘‘when necessary, and only to the extent nec13 essary’’ after ‘‘insured depository institutions’’.

14 (b) LIMITATION ON ASSESSMENT.—Section

15 7(b)(2)(A)(iii) of the Federal Deposit Insurance Act (12

16 U.S.C. 1817(b)(2)(A)(iii)) is amended to read as follows:

17 ‘‘(iii) LIMITATION ON ASSESSMENT.—

18 Except as provided in clause (v), the Board

19 of Directors shall not set semiannual as20 sessments with respect to a deposit insur21 ance fund in excess of the amount need22 ed—

23 ‘‘(I) to maintain the reserve ratio

24 of the fund at the designated reserve

25 ratio; or
950

SJ 63 PCS

1 ‘‘(II) if the reserve ratio is less

2 than the designated reserve ratio, to

3 increase the reserve ratio to the des4 ignated reserve ratio.’’.

5 (c) EXCEPTION TO LIMITATION ON ASSESSMENTS.—

6 Section 7(b)(2)(A) of the Federal Deposit Insurance Act

7 (12 U.S.C. 1817(b)(2)(A)) is amended by adding at the

8 end the following new clause:

9 ‘‘(v) EXCEPTION TO LIMITATION ON

10 ASSESSMENTS.—The Board of Directors

11 may set semiannual assessments in excess

12 of the amount permitted under clauses (i)

13 and (iii) with respect to insured depository

14 institutions that exhibit financial, oper15 ational, or compliance weaknesses ranging

16 from moderately severe to unsatisfactory,

17 or are not well capitalized, as that term is

18 defined in section 38.’’.

19 SEC. 709. TREASURY STUDY OF COMMON DEPOSITORY IN20 STITUTION CHARTER.

21 (a) STUDY REQUIRED.—The Secretary of the Treas22 ury shall conduct a study of all issues which the Secretary

23 considers to be relevant with respect to the development

24 of a common charter for all insured depository institutions
951

SJ 63 PCS

1 and the abolition of separate and distinct charters between

2 banks and savings associations.

3 (b) REPORT TO THE CONGRESS.—

4 (1) IN GENERAL.—The Secretary of the Treas5 ury shall submit a report to the Congress on or be6 fore March 31, 1997, containing the findings and

7 conclusions of the Secretary in connection with the

8 study conducted pursuant to subsection (a).

9 (2) DETAILED ANALYSIS AND RECOMMENDA10 TIONS.—The report under paragraph (1) shall in11 clude—

12 (A) a detailed analysis of each issue the

13 Secretary considered relevant to the subject of

14 the study;

15 (B) recommendations of the Secretary with

16 regard to the establishment of a common char17 ter for insured depository institutions; and

18 (C) such recommendations for legislative

19 and administrative action as the Secretary de20 termines to be appropriate to implement the

21 recommendations of the Secretary under sub22 paragraph (B).

23 SEC. 710. DEFINITIONS.

24 For purposes of this title, the following definitions

25 shall apply:
952

SJ 63 PCS

1 (1) BANK INSURANCE FUND.—The term ‘‘Bank

2 Insurance Fund’’ means the fund established pursu3 ant to section (11)(a)(5)(A) of the Federal Deposit

4 Insurance Act, as that section existed on the day be5 fore the date of enactment of this Act.

6 (2) BIF MEMBER, SAIF MEMBER.—The terms

7 ‘‘Bank Insurance Fund member’’ and ‘‘Savings As8 sociation Insurance Fund member’’ have the same

9 meanings as in section 7(l) of the Federal Deposit

10 Insurance Act.

11 (3) VARIOUS BANKING TERMS.—The terms

12 ‘‘bank’’, ‘‘Board of Directors’’, ‘‘Corporation’’, ‘‘de13 posit’’, ‘‘insured depository institution’’, ‘‘Federal

14 savings association’’, ‘‘savings association’’, ‘‘State

15 savings bank’’, and ‘‘State depository institution’’

16 have the same meanings as in section 3 of the Fed17 eral Deposit Insurance Act.

18 (4) DEPOSIT INSURANCE FUND.—The term

19 ‘‘Deposit Insurance Fund’’ means the fund estab20 lished under section 11(a)(4) of the Federal Deposit

21 Insurance Act (as amended by section 704(d) of this

22 title).

23 (5) DEPOSITORY INSTITUTION HOLDING COM24 PANY.—The term ‘‘depository institution holding
953

SJ 63 PCS

1 company’’ has the same meaning as in section 3 of

2 the Federal Deposit Insurance Act.

3 (6) DESIGNATED RESERVE RATIO.—The term

4 ‘‘designated reserve ratio’’ has the same meaning as

5 in section 7(b)(2)(A)(iv) of the Federal Deposit In6 surance Act.

7 (7) SAIF.—The term ‘‘Savings Association In8 surance Fund’’ means the fund established pursuant

9 to section 11(a)(6)(A) of the Federal Deposit Insur10 ance Act, as that section existed on the day before

11 the date of enactment of this Act.

12 (8) SAIF-ASSESSABLE DEPOSIT.—The term

13 ‘‘SAIF-assessable deposit’’—

14 (A) means a deposit that is subject to as15 sessment for purposes of the Savings Associa16 tion Insurance Fund under the Federal Deposit

17 Insurance Act (including a deposit that is treat18 ed as insured by the Savings Association Insur19 ance Fund under section 5(d)(3) of the Federal

20 Deposit Insurance Act); and

21 (B) includes any deposit described in sub22 paragraph (A) which is assumed after March

23 31, 1995, if the insured depository institution,

24 the deposits of which are assumed, is not an in-
954

SJ 63 PCS

1 sured depository institution when the special as2 sessment is imposed under section 702(a).

3 This joint resolution may be cited as the ‘‘Omnibus

4 Consolidated Appropriations Act, 1997’’.